After suffering serious injuries on the job or in another accident in Central Illinois, you should seek legal guidance without delay. Enlisting an experienced attorney to represent you in a personal injury lawsuit or a workers' compensation claim may make a huge difference to the outcome of your case. At the Ackerman Law Office, Springfield personal injury lawyer James W. Ackerman can provide comprehensive and knowledgeable representation.Advocating for the Rights of Accident Victims
If you have been hurt as a result of someone else's careless conduct, you can take legal action to pursue compensation for your harm. Generally, you will need to establish by a preponderance of the evidence that the defendant owed you a duty of care, the defendant failed to abide by the duty of care, you would not have been hurt but for the defendant’s carelessness, the accident was reasonably foreseeable, and you suffered actual injuries and losses.
Illinois follows a modified form of comparative negligence. If both a plaintiff and a defendant may have contributed to an accident, the jury may be asked to determine the plaintiff's damages and also assign a percentage of fault to both parties. Under 735 ILCS 5/2-1116, a victim still may recover damages despite acting carelessly, as long as he or she was less than 50% responsible for the accident. For example, if the defendant ran a stop sign and is found to be 75% at fault, but the plaintiff was speeding and is found to be 25% at fault, the plaintiff may be able to recover three-quarters of the total costs associated with the accident from the defendant.
If you can establish the defendant’s liability, you can potentially recover compensation for medical bills, lost income, lost enjoyment of life, pain and suffering, and other elements of economic and non-economic damages. It is important to consult an attorney as soon as possible so that you can gather all of the necessary evidence to build a persuasive case.Representation for Victims of Medical Malpractice
Unfortunately, negligence often occurs in the health care industry as well. Doctors, nurses, and other hospital staff may fail to treat a patient with the appropriate care, causing devastating and sometimes permanent injuries. Some examples include failing to accurately and promptly diagnose a condition, making an error during surgery or anesthesia, failing to properly follow up after a surgery, or providing an incorrect prescription, among others.
When medical negligence occurs, a patient or the patient’s family may be able to bring a medical malpractice claim against any individuals or facilities that were responsible. These lawsuits contain parallel elements to those in other personal injury claims, although the standard of care is more specific. Health care providers are expected to meet not simply an ordinary standard of care but a standard defined by the actions of a health care provider in the same specialty treating a similarly situated patient. Establishing the appropriate standard and how a certain defendant deviated from it generally requires expert testimony from other members of the medical profession. These claims tend to be complex, so the assistance of a knowledgeable medical malpractice attorney is critical in making sure that a victim’s rights are asserted.Guidance in Workers' Compensation Claims
Most people employed in Central Illinois are covered under the state Workers' Compensation Act. If you are injured on the job, you can make a claim for benefits. The benefits to which you are entitled may include compensation for medical expenses as well as your lost wages. In Illinois, you must give your supervisor notice of your injury within 45 days in order to make a workers' compensation claim. The employer then provides notice to its workers' compensation insurance carrier, which is supposed to offer the appropriate coverage to address your injuries. However, the insurer sometimes will try to deny benefits, which may require going through the appeals process with the guidance of an attorney.Consult a Springfield Lawyer for a Personal Injury or Workers’ Compensation Matter
Springfield personal injury attorney James W. Ackerman and the staff at the Ackerman Law Office can pursue a legal claim on your behalf after an accident, medical neglect claim, nursing home neglect claim, or a workers’ compensation claim. Our firm assists residents of Springfield, Virginia, Champaign, Urbana, Taylorville, Decatur, Mount Zion, Hillsboro, and other communities throughout Cass, Champaign, Christian, Logan, Macon, Montgomery, and Peoria Counties. Contact us online or call us at (888) 889-1977 to set up a free consultation.
- Personal Injury
- Automobile Accidents
- Back Injuries
- Construction Injuries
- Degenerative Discs
- Medical Malpractice
- Nursing Home Cases
- Premises Liability
- Product Liability
- Professional Negligence
- Slip & Fall
- Statute of Limitation for Personal Injury Claims
- The Importance of Hiring a Personal Injury Attorney
- Trucking accidents
- Traumatic Brain Injury
- Uninsured/Under-insured Claims
- Wrongful Death
- Workers’ Compensation