Civil Law

If I am injured, in general how does the system work?

If you are injured through the fault or negligence of someone else, you have the right to bring a claim for payment of “damages” like lost wages and medical bills and a settlement for permanent injury. Most people and companies have insurance to pay benefits on their behalf, and so your claim is really against their insurance company.

Will the insurance adjuster protect my interests?

No. Our legal system is known as an “adversary” system, which means that each side only looks out for their own interests. That means the insurance company only looks out for themselves through their adjusters and attorneys, and the injured person must protect their own interests through their own adviser, such as an attorney.

Do I have to allow the adjuster to record my conversation?

No. The insurance company has no right to record your conversation, despite what they may tell you. Common sense tells you that any recorded statement will be used to help their side of a claim, not yours.

Are there time limits for filing a case?

Yes and the time limits, known as a statute of limitations, are very unforgiving. If you do not file your case within the time limits set by the law, your case is over with forever. Time limits for filing a case vary depending on the specific type of case, so you should consult with an attorney expert in this field of law to find the time limit for your type of case.

If the insurance company knows about my claim is the time limit stopped?

No. Only the filing of a lawsuit will stop the statute of limitations from expiring. Just because the insurance company seems to be cooperating or friendly to you, does not mean that all your rights or time requirements have been protected. Remember, the insurance adjuster is only required to protect their interests, not yours.

This content is intended to provide general information and guidance only. You should see an attorney and obtain advice if you have questions or concerns regarding your injury. Most lawyers will not charge any fee for an initial consultation to review your case. Only by asking questions and obtaining answers will you obtain the rights and benefits to which you are entitled.

What do I need to prove in order to be entitled to payment in a civil case?

Unlike a workers’ compensation claim, a civil case requires proof of fault. A civil case typically includes the following three parts:

1. some company or other person was negligent;
2. as a result of the negligence, you were injured; and
3. the extent of your injuries which, in turn, determines how much you are entitled to.

What types of losses can I recover for in a civil action?

A few examples are lost wages (including overtime), medical bills (past and future), pain and suffering, disfigurement (scars, for example) and loss of enjoyment of life (for example, having to give up a hobby due to the injuries).

What if I contribute to my accident through my own fault?

You are still entitled to bring a claim. Whether your fault will be considered, depends on the type of claim. In civil cases we have comparative negligence, which means that a jury of your peers decide the percentages of fault of all involved.

Who administers the law?

In a workers’ compensation claim the Workers Compensation Commission of Illinois has the responsibility of administering the law and for resolving any disputes. Civil cases are brought in the circuit court before a judge or jury.

What should I do at the accident scene?

Protect your health and well-being first. If you are injured, insist on immediate, proper medical care. Do not allow others to prevent you from seeing a doctor or going to the hospital. You cannot put a price on good health. You should take every necessary precaution to protect your health.

What information should I try to get at the accident scene?

Note the circumstances of your accident, including location, date, time of day, activity at the time, witnesses present, weather conditions, and any other details you think might be important. Make a written record of these details as soon as possible. Write down the causes and contributing factors of your accident. Write down every detail you can recall as soon as possible. After you have written this information down, come back to it and record further details as you remember them.

This content is intended to provide general information and guidance only. You should see an attorney and obtain advice if you have questions or concerns regarding your injury. Most lawyers will not charge any fee for an initial consultation to review your case. Only by asking questions and obtaining answers will you obtain the rights and benefits to which you are entitled.

Should I see a doctor?

Your health comes first, before any other concern. If you have symptoms of injury, seek medical care, even if you believe or hope the symptoms will disappear with time – they may not. Proper documentation of medical evidence will also assist you if you later seek compensation for medical bills and for your injuries.

Who pays the medical bills?

This is a complex question and not capable of an easy answer. Suffice it to say, there are several possible sources of medical bill payment, and the best source depends on the type of case you have and the insurance companies involved. Your attorney can coordinate medical coverage in order to maximize the dollars going directly to you, rather that having all the recovery going to payment of medical bills.

How do I know what type of doctor to see?

There are many different types of doctors and medical care providers that treat and care for injury victims. Some of the more common medical specialists you may see are described below.

Family Practitioner – These medical specialists deal with the general medical problems of all family members. Their training includes internal medicine, surgery, pediatrics, obstetrics, gynecology and psychiatry.

Internal Medicine – Internists provide health care to adults for a variety of medical problems. They frequently specialize further into one or two of these areas. These subspecialties of internal medicine are:

• Allergy & Immunology – Allergies
• Cardiology- Heart problems
• Endocrinology – Gastrointestinal, pancreatic, & gallbladder disease
• Hematology – Blood and bone marrow diseases
• Infectious Diseases – Infections
• Nephrology – Kidney and high blood pressure
• Pulmonary – Lung related disorders
• Rheumatology – Arthritis and other joint and connective tissue problems
• Physiatry – This specialty is also known as Physical Medicine and Rehabilitation. It should not be confused with psychiatry. These doctors assist in the rehabilitation of patients with a wide variety of diseases and injuries, such as, spinal cord injuries, strokes and multiple sclerosis.
• Psychiatry – A psychiatrist is a medical doctor dealing with mental, emotional and behavior disorders.
• Neurology – These doctors treat diseases of the brain and spinal cord medically but not surgically. Their practice also involves the treatment of back and neck injuries.
• Surgery – The specialty of surgery, like internal medicine is divided into many subspecialties.
• Anesthesiology – In addition to their duties during surgery anesthesiologists also provide pain management for the injured.
• Cardiovascular Surgery – Heart and large blood vessels
• Colon & Rectal Surgery
• Neurosurgery – These doctors treat diseases of the brain and spinal cord surgically when indicated. Their practice also involves the medical management of back and neck injuries when surgery is not indicated.
• Ophthalmology – Eye related diseases
• Orthopedic Surgery – Medical and surgical treatment of bone joint, tendon, ligament and connective tissue diseases Like neurologists and neurosurgeons they often treat neck and back injuries. Some specialize only in hand injuries.
• Otolaryngology – Ear nose and throat (ENT)
• Plastic Surgery -These surgeons can often minimize the appearance of scars resulting from injuries.
• Thoracic Surgery – Chest surgeons that operate on lungs, diaphragm, heart, esophagus and other chest organs.
• Vascular – Surgery on arteries and veins.
• Osteopathic Medicine – These physicians receive essentially the same training as traditional medical doctors. They also frequently specialize in many traditional medical specialties listed above. Some osteopaths also treat with bone manipulation.
• Psychology – Psychologists collect and interpret information about emotional, social, and mental aspects of the injured person and apply the data to help the person cope with difficult situations. These practitioners can be very valuable in assisting injury victims with their injuries.
• Chiropractors – These practitioners are specialists in the manipulation of the spine and bones. Their approach to disease and health stresses disturbances in the nervous system. They do not prescribe prescription medication. In addition to manipulation a chiropractor may provide massage, heat/cold, ultrasound wave therapy, electrical stimulation and acupuncture.
• Naprapaths – One of the beliefs of many naprapaths is that scar tissue is formed on ligaments and other connective tissue as a result of trauma.Some feel that this scar tissue prevents the connective tissue from getting the proper amount of blood and nutrients and that this adversely affects the body. Treatment is provided by manipulation of the spine and many other areas of the body.
• Podiatrists – These doctors medically and surgically treat disorders of the feet. A podiatrist should not however, be confused with orthopedic surgeon. An orthopedic surgeon is a physician licensed to practice medicine in all its branches. A podiatrist is not.
• Physical Therapy – Physical therapists are not doctors. They provide treatment based on a prescription from a physician. The therapists teach patients how to exercise the injured area of the body. They also provide massage, heat and cold treatments, ultrasound and electrical stimulation. Therapists can often be your best source of information regarding your injury and the rehabilitation process.

How much information should I give to the doctor?

When you see the doctor, he or she will ask how your injuries were caused. Provide a clear, detailed history of your accident, including the date. Be open and straightforward, including any history of prior injuries or illness. Many people try to be brave about their injuries and minimize their symptoms and complaints. Avoid this temptation, especially with your doctor. It is important that you provide a clear, complete, competent statement of all your symptoms, even if it seems minor at the time. A condition could worsen, and it may become important to show that symptoms began with the accident.

What if the doctor keeps asking me to come back for more visits?

Keep your doctor appointments. In the best interests of your health, you should keep all scheduled appointments, clearly explain your symptoms to your doctor, and follow their prescribed treatment. This course of action will also assist you in proving the nature and extent of your injuries by creating medical evidence through the doctor’s records. Make notes on a calendar. Include such information as doctor visits, hospital tests, symptoms, and treatments. Also note other information on the date it occurs, such as lost time from work, payments received, telephone calls, or information regarding the accident. This information, recorded as it occurs, will assist you later in recalling details of your accident.

At the Accident Scene:

Always stop.
Do not leave the scene of an accident. To leave the scene would be in violation of the law.

Immediately move your vehicle to a safe place.
If you believe conditions allow, leave your vehicle at the spot of the collision, so that police officers can accurately assess how the collision occurred. If on a highway or interstate, and especially in the event of poor visibility, move your vehicle far off the roadway.

Ask the other drivers or passengers if there are any injuries.
The first priority must be to protect any injured party from further injury. You should never move an injured person unless necessary, for example, to move them from the roadway or from a burning vehicle. Provide further comfort or first aid as needed.

Telephone police and an ambulance if needed.
If other drivers stop, ask them to call the police and ambulance. Make certain they know the location of the accident. In most localities, 911 is usually the quickest means of calling for help. Make certain that someone calls the police and ambulance. Do not assume that someone else has called.

When police arrive, give them an accurate statement of what occurred.
Do not let the other driver give an incorrect statement of the events. If it is in error, state that to the policeman, in a clear, non-argumentative way. Be certain the police officer understands your version of how the collision occurred.

If the other driver is at fault, ask the police officer to issue him or her a ticket.
The police officer may deny your request, but if issued the ticket may be useful in supporting your statements of how the collision occurred.

If you receive a ticket, you should not plead guilty without the advice of your lawyer.
Such a guilty plea could be used against you in a civil suit for money damages.

Do not make any admissions or statements of fault or regret.
When an accident occurs, everyone is sorry. Do not apologize or make any statements; they may be taken out of context and used against you at a later time. If someone else makes such a statement, write it down.

Exchange information with the other driver as follows:

• Name, Address and Telephone #
• Vehicle License # and Driver’s License #
• Vehicle Make, Model and Year
• Vehicle Owner’s Name and Address
• Insurance Company, Name and Address

In the Days After the Accident:

If you are injured, seek medical care as soon as possible.
Your health comes first, before any other concern. If you have symptoms of injury, seek medical care, even if you believe or hope the symptoms will disappear with time; they may not. Proper documentation of medical evidence will also assist you if you later seek compensation for medical bills and for your injuries.

Inform your insurance company of the accident.
Most Insurance policies require that you notify them soon after the accident.

File necessary reports with the state.
The police officer at the scene will instruct you as to the necessary reports to be filed. Be certain you give an accurate statement of how the collision occurred.

Write down the details of the accident as soon as possible.
Such details may include the precise location of the accident, the time and date of the accident, the sequence of events as you recall them, and any statements or conversations you recall, as well as any weather and road conditions. You should also take several photographs of the damaged vehicles, and any damaged property at the scene (fences, buildings, etc.) before they are repaired.

Do not allow the other driver’s insurance company to record a statement from you.
Understand that the other driver’s insurance company does not represent you. Many of their actions will work against your best interests. Before allowing them to make a permanent, recorded record, talk to your lawyer. Remember, the insurance adjuster is a professional at this, you are not.

If you have any questions about payment of medical bills, property damage, or other legal rights, ASK.
Most attorneys will not charge a fee for an initial consultation to review your case. You should see a lawyer and obtain his advice if you have questions or concerns regarding your case, especially before giving a recorded statement or signing any documents, such as a release.

General Information:

When you suffer injuries as the result of a fall, the property owner and their insurance company may be responsible for compensating you for your injuries. This type of case is filed in the circuit court and is a “civil case” known as a “premises liability case”, but more commonly referred to as a slip and fall. This might occur in a grocery store, on a sidewalk, or while visiting any business. The common sense question is what caused your fall? It might be debris or liquids left on a walk or floor, a defect such as a hole in the ground or broken concrete, or a flawed design such as an uneven surface or steps. If you sense that something caused your fall it is recommended that you consult an attorney.

At the Accident Scene:

Telephone police or ambulance if needed.
If Police or security person arrive, give them an accurate statement of what occurred.

Do not make any admissions or statements of fault or regret.
When you fall the first reaction is to be embarrassed and to look around to see if anyone saw you fall. Do not blame yourself or apologize, since such words can be taken out of context at a later date. If someone else makes such a statement, write it down.

Information to be aware of and record as soon as possible:

• Date and time of fall
• Address and specific location of fall
• Cause of fall, i.e. information regarding debris or hazard that caused you to fall
• Conditions at time of fall, such as lighting, weather, or other relevant conditions as may be relevant
• Names and addresses of all who witnessed fall
• Preserve all evidence as may be appropriate such as cause of fall, your footwear, etc.
• You or someone on your behalf should photograph or video record the scene of your fall as soon as possible and note date and time of photo or recording. Inform the property owner as soon as possible and ask that an accident report be written. You should ask that a copy of the report be provided to you. Make sure the facts are correctly stated in the report and ask that it be corrected if necessary.

In the Days After the Accident:

If you are injured, seek medical care as soon as possible.
Your health comes first, before any other concern. If you have symptoms of injury, seek medical care, even if you believe or hope the symptoms will disappear with time; they may not. Proper documentation of medical evidence will also assist you if you later seek compensation for medical bills and for your injuries.

Inform your own insurance company of the accident.
Most Insurance policies require that you notify them soon after the accident.

File necessary reports with the state.
The police officer at the scene will instruct you as to the necessary reports to be filed. Be certain you give an accurate statement of how you fell and what caused it.

Do not allow the property owner’s insurance company to record a statement from you.
Understand that the property owner’s insurance company does not represent you. Many of their actions will work against your best interests. Before allowing them to make a permanent, recorded record, talk to your lawyer. Remember, the insurance adjuster is a professional at this, you are not.

If you have any questions about payment of medical bills, property damage, or other legal rights, ASK.
Most attorneys will not charge a fee for an initial consultation to review your case. You should see a lawyer and obtain his advice if you have questions or concerns regarding your case, especially before giving a recorded statement or signing any documents, such as a release.

If I am injured on the job, am I entitled to any benefits?

When you are injured in the course of your employment, you are probably entitled to certain benefits under the Illinois Workers’ Compensation Act. Those benefits fall into three broad categories:

• Medical Care – an injured employee is entitled to receive all reasonable and necessary first aid, medical, surgical and hospital services.
• Disability Income – if you lose time from work in order to recover from the injury, you are entitled to receive disability benefits until you return to work.
• Additional Benefits – if your injury results in a permanent disability or serious and permanent disfigurement, further benefits are available. These benefits are to be paid by the employer’s insurance company.

Am I entitled to bring a claim against other companies or people if their negligence causes my injuries?

In the construction trades, you often work on job sites with other contractors. If another company or one of its employees causes your injury, you may be entitled to bring a civil claim for money damages.

Can I bring a civil claim against my employer or a co-employee if their negligence causes my injuries?

Generally you are limited to the benefits provided under the Workers’ Compensation Act even if your employer or a co-employee negligently caused your injuries. Workers’ compensation benefits are not based on the fault of the employer, and are available even if no one was at fault in causing the injury.

Does this mean that I have the right to bring two claims for my injuries?

In a typical construction accident, the injured worker would be entitled to payment of workers’ compensation benefits from the insurance company of his employer. In addition to this first claim, he may be entitled to bring a second claim against any other company whose negligence caused the injuries.

Do these two claims affect each other?

The best description of these two separate claims is that they dovetail with each other. The workers’ compensation insurance company typically has a lien or a right to be paid back from any payment in the civil case. However, this payment comes from the second claim and not directly from the injured worker. In a typical case, the injured worker receives a first settlement or payment from the workers’ compensation insurance company, and then a second from the civil case.

Who is a civil claim brought against?

A civil claim would be brought against any company whose negligence caused your injury. The best example would be a general contractor who is responsible for safety on the job site. Other examples would be the property owner, other subcontractors, an architect, or an engineer.

What can I do to preserve evidence at the construction site?

Make a note of the progress of the construction project at the time of your accident. These will assist witnesses at a later date in recalling their activities on the date of your accident. Take whatever steps you can to preserve evidence. If a defective ladder causes your accident and its owner throws it away or lets you keep it, store it in a safe place for future evidence. If it is possible to record photographic evidence of the job site, then do so, either with a camera or video cassette recorder. Be certain to record the surrounding job site in addition to the specific location of your accident. Also, photograph or record the names and addresses from construction trailers or signs. In this way it will be easier to know the relationship of all the contractors, including architects and engineers.

Am I required to make a statement?

Do not allow any insurance company to record a statement from you. Benefits must be paid to you under the law, and you are not required to provide a recorded statement in order to receive benefits. The insurance company representative has been trained professionally and will use any statement to represent their interests not yours. Additionally, after an accident you may be taking medications that can affect your recollection and ability to think clearly. A recorded statement becomes a permanent record. Remember, the insurance adjuster is a professional at this- you are not. Make no statements regarding fault. Many times an injured worker will be embarrassed about getting hurt and will voice an apology. While this may be human nature, avoid any statement like this. It can be misconstrued later by an insurance adjuster who might say the accident was caused by the injured worker.

What if someone else makes a statement?

If another worker caused your accident and makes a statement at the scene, make a note of it and write it down. If you have a conversation with a witness, an insurance adjuster, or anyone else regarding your accident, make a note of it. Include in your note the date, time, and location of the conversation, who was present, and what was said.

What other information about the occurrence would be helpful?

Much of this information will need to be discovered through other witnesses, but to the extent you recall such information, you should write down the following:

1.  About You:

• Date you arrived at job site
• Status of project when you arrived
• Job title and duties
• Immediate superior
• Immediate subordinates
• Coworkers employed near you
• Hours of typical work day
• Income and benefits paid
• Steward on this job

2.  Safety Meetings:

• Who called meeting
• Where held
• Dates and times of meetings
• Who attended meeting
• What was discussed, especially regarding your accident
• Written documents given out
• Purpose or function of meeting
• Safety manuals used in meeting
• OSHA rules discussed

3.  Inspections:

• Who made
• What inspected
• What purpose
• Who employed inspector
• Who present
• Date of Inspection
• Changes in job after inspection

4.  Post-Accident Investigation:

• Any written report you are aware of
• Who wrote report
• Who received report
• Oral conversations regarding investigation
• Who made statements for investigation
• Changes made in procedures to reduce hazard
• OSHA investigation conducted
• OSHA fines issued
• Newspaper or other media stories regarding accident or project

Getting the Professional Legal Help You Need

Do I need to see a lawyer?

You should obtain professional advice as soon as possible. Fees in a civil case are a percentage of the recovery (known as a contingent fee). If you don’t win your case, there are no attorney’s fees. It has often been said that the contingent fee is the common person’s key to the courthouse. While insurance companies can pay their lawyer on an hourly basis, a percentage fee allows the worker to hire competent, qualified representation.

How are expenses paid?

Typically, there are expenses in bringing a claim, such as the charge for copying medical records that doctors and hospitals charge. These expenses are usually advanced by the lawyer and reimbursed from any settlement or recovery and are in addition to the attorney’s fee.

What should I look for in a lawyer?

Law, like medicine, is now a profession of specialization. You should be represented by a lawyer who concentrates his practice in representing injured workers. Just as you would not have an eye doctor operate on your back, you should not ask a real estate lawyer to represent you after a work injury. You should also make certain that your lawyer only represents injured workers, and not insurance companies or businesses.

Our Legal System

I have been hearing a lot about the number of lawsuits or a “lawsuit crisis.” Should I be worried about adding another lawsuit to the system?

The attack on the civil justice system (the tort system) has been unprecedented in recent times. The insurance industry began this assault because of criticism against insurance companies due to poor management. The propaganda campaign by the insurance industry was well financed. The insurance companies came up with the advertising phrase “lawsuit crisis” to try to shift the blame for their problems to someone else. This phrase wrongly gave many Americans the impression that their problems were due to people too anxious to sue at the encouragement of greedy lawyers. There are some people that abuse the system, and no one would argue that we must put a stop to frivolous lawsuits. The courts and juries, however, provide an “even playing field” for the ordinary citizen to disagree with the mighty, the powerful, and the rich.

Will “Tort Reform” save everyone money on insurance premiums?

The states that have enacted tort reform legislation have not demonstrated that tort reform has resulted in lower insurance premiums. In fact, the insurance industry has admitted that there is no tie-in between tort reform and insurance rates.

What about all the million-dollar verdicts I keep hearing about?

Million-dollar verdicts are not as common as the insurance industry would have the American people believe. The average size of jury verdicts has not skyrocketed. They have been keeping pace with the Consumer Price Index. Some reasons for higher jury awards are higher medical bills, higher wages, and people living longer.

If a jury verdict is excessive can anything be done about it?

If the trial judge finds that the evidence does not support the verdict of the jury, he has the power to reduce it. Judges exercise this authority frequently. This is called a remittitur. The first multi-million dollar verdict was 3.5 million dollars. The judge reduced the jury’s verdict to $450,000. On appeal the appellate court may reduce the verdict or overturn it totally. Because of the uncertainty and expense of an appeal, the parties often agree to an immediate settlement after the trial, which can be significantly lower than what the jury awarded. One reason the public hears about the million-dollar verdicts is that they are reported in the press. The media generally does not report on the thousands of cases where the juries awarded five, ten or fifty thousand dollars. These routine cases are not deemed newsworthy. These cases are important, however, to each victim that receives the money to pay for medical expenses and lost wages as a result of the injuries.

A million dollars is still a lot of money. It seems too much like playing the lottery. What type of case usually ends up with a jury awarding one million dollars?

Of the 1,642 million-dollar verdicts between 1962 and 1985, 362 were for permanent paralysis, 338 for permanent brain damage, 362 for wrongful death, and 161 for amputations. Most people would not want to pay that kind of price to play the lottery.

What are some examples of how litigation has benefited society?

Because of access to courts and the protection provided by juries, we have the removal or redesign of products like containers of lye, chemicals, and poisons, dioxin (in herbicides and pesticides), Dalkon Shield intrauterine devices, incinerating fuel tanks in passenger cars, asbestos, calcium-deficient baby formula, and flammable infant sleepwear. If the victims of these products had not obtained the advice of a lawyer, most of these dangerous items would still be on the market. We can not depend solely on the government and self discipline to protect the public.

Can a lawsuit really make a change that will benefit people other than the injury victim?

Yes. Take the case of the construction carpenter working on a 30-story condominium in Seattle. The carpenter helped remove the 40 foot steel and lumber forms used to pour the concrete floors of the core of the building. As he stood on the edge of the concrete core a tower crane eased the form out of the core. The tower crane had been in use daily for about two months. The dead-end of the lift line was secured with U-bolt clamps. The stretching of the cable with use defeated the clamping effect of the U-bolts. Suddenly the lift line attaching the spreader bar to the crane gave way and dropped on the carpenter. The blow severed a nerve to his main shoulder muscle and crushed the bones in his foot. The crane company blamed the accident on operator error. It claimed that the worker failed to properly release the mold bolts, that the cement had not cured, and that the crane operator overloaded the crane. The construction carpenter’s lawyer investigated and learned that a becket and thimble was used to secure the boom instead of U-bolts. The company president admitted that the boom would fall if secured with U-bolts. The lawyer claimed the lift line should also have been secured with a becket and thimble because the U-bolt system was not safe. For the two and one-half years that the case was pending the defendant continued to use U-bolts to secure the dead-end of the lift line. The case settled one week before trial. Within a few weeks of the settlement all the crane owners in the Seattle area replaced U-bolts on all their tower cranes with becket and thimble attachments. The cost was less than forty dollars each. The carpenter’s lawyer said later ‘While the infliction of an injury on a human being often does not inspire subsequent safety measures, a successful lawsuit almost invariably does.”