Frequently Asked Questions
Personal Injury FAQs
What Is the Statute of Limitations for Personal Injury Cases in Illinois?
Under Illinois state law, victims have a limited time to file a personal injury lawsuit for damages. It’s important to identify the statute of limitations that might apply to your specific personal injury case in Illinois. Once the statute of limitation expires, the right to file a claim and demand compensation is lost.
What Will it Cost Me to Pursue a Personal Injury Case?
Fortunately, most attorneys in this area charge a contingency fee, meaning that you won’t have to pay legal fees because your attorney’s fees are deducted from the final verdict or settlement amount. In other words, it will cost you nothing unless your case is successfully resolved.
How Do I Hire the Best Personal Injury Attorney?
If you have been injured and are in need of legal assistance, it is key that you do your research before hiring just any attorney. It is important to look for someone who has experience handling the specific type of personal injury/wrongful death issue that you are facing,
What is Involved in a Free Case Evaluation?
During your initial conversation, we will listen to your story and tell you how we may be able to help you receive compensation from the wrongdoers who caused your serious injuries or the death of a loved one. We will also tell you right away if we do not think we can help you pursue your case.
How Long Does a Wrongful Death Lawsuit Take?
Every wrongful death case is unique. While some may settle quickly—even in a matter of months—other wrongful death lawsuits can take an average of one to four years to resolve. Even if your case does not go to trial, settling your case takes time. (while we perform a thorough investigation of your case).
What is the Illinois Statute of Limitations for Wrongful Death?
The wrongful death statute of limitations in Illinois limits the amount of time you have to file a wrongful death lawsuit after an immediate family member passes away due to negligence, defective products, or intentional misconduct.
Medical Malpractice FAQs
What Is Cerebral Palsy Medical Malpractice?
Health care providers can be held liable for cerebral palsy malpractice when they make mistakes during prenatal care or childbirth that cause your child to develop cerebral palsy. If your child has been diagnosed with cerebral palsy, you should have your child’s case reviewed by an experienced attorney.
How Long Does a Medical Malpractice Lawsuit Take?
It is impossible to predict exactly how long it will take to resolve your medical malpractice case. Some cases are decided within a year or two, while others take upwards of four years until they are concluded. What matters is that you received the maximum compensation for the injury that you sustained as a result of medical negligence.
How Do I Contact a Medical Malpractice Lawyer?
We try to make the case evaluation process as simple as possible for you. To accommodate you we are available in online, over the phone and in person. We understand clients who want to remain relatively anonymous when receiving a consult online or over the phone. We also understand the desire of some clients to meet with us face to face. We are happy to help you through the consultation process.
How Do I Choose the Best Medical Malpractice Attorney?
The process of hiring a lawyer can be difficult. While some individuals have family members or friends who work in the legal profession, many people who are injured by a health care provider are unsure of whom the right person to call is. Having the right attorney by your side is a critical component of winning your case.
How Do I Know if I Have a Medical Malpractice Case?
If you or a loved one was injured or killed due to a doctor, nurse, or other medical professional or facility failing to provide you with proper medical care or treatment, it is likely that you have a medical malpractice cause of action. Our attorneys at Levin & Perconti can help you and your loved ones determine if your particular situation constitutes negligence and is likely litigable.
What Will it Cost Me to Pursue a Medical Malpractice Lawsuit?
Costs are always a big concern for anyone involved in a lawsuit, and of course, because every case is different there is no magic dollar number for the costs of a lawsuit. Many people who come into our office are worried about how they will pay medical bills and afford legal costs. To help ease these stresses, it is our policy to take cases on contingency fee.
What Is the Statute of Limitations for Medical Malpractice in Illinois?
Under Illinois state law, victims have a limited time to file a personal injury lawsuit for damages. It’s important to identify the statute of limitations that might apply to your specific personal injury case in Illinois. Once the statute of limitation expires, the right to file a claim and demand compensation is lost.
Can You Sue a Doctor for Negligence?
You can sue a doctor for negligence if you suffer an injury because the doctor failed to provide a reasonable standard of care. You also have a right to include any other health care providers in the lawsuit who contributed to the injury, including nurses, pharmacists, and hospitals. This is known as a medical malpractice lawsuit.
Can You Sue a Hospital for Emotional Distress?
You can sue a hospital for emotional distress if it is connected to a physical injury resulting from a separate cause of action, such as medical malpractice. Lawsuits strictly for the infliction of emotional distress in Illinois are only allowed in limited circumstances when you experience physical danger while witnessing another person’s death or serious injury.
Can You Sue A Doctor for Misdiagnosis?
When you go to the doctor, you have a right to expect the doctor to exercise competence and sound clinical judgment. A doctor’s failure to correctly diagnose your condition may result from medical negligence. You can sue when you receive an incorrect diagnosis because of a doctor’s negligence and consequently suffer harm.
Can You Sue A Hospital For A Traumatic Birth?
You can sue a hospital for a traumatic birth if you or your child sustained a physical or psychological injury because hospital employees were negligent. Medical News Today defines traumatic birth as any physical, psychological, or emotional wound or damage that occurs from childbirth, whether it affects the mother or child.
Nursing Home Abuse & Neglect FAQs
How do I File a Lawsuit Against an Illinois Nursing Home?
If you are interested in filing a nursing home lawsuit against a facility in Illinois, it is important to take action early to protect your rights. There are time limitations for filing cases against nursing homes, so we recommend contacting an attorney as soon as you suspect that abuse or negligence may have played a role in your loved ones injuries or death.
Who Are the Illinois Long-Term Care Ombudsmen?
The advocates and volunteers who work for the Illinois Long-Term Care Ombudsmen Program are crucial to protecting the well being of Illinois nursing home residents. These advocates defend and advocate for the rights of residents by looking into and resolving complaints against nursing homes.
Are Medication Errors in Nursing Homes Considered Neglect?
Prescribing doctors have a legal duty to meet the accepted professional standard of care by weighing the risks and benefits, informing the patient about them, and prescribing the medication. Medication errors can occur at any stage and may include a flawed prescribing decision, an incorrect dosage, improper administration, or incorrect frequency of medication.
What is a Health Care Proxy/Agent?
A health care proxy is a person you designate to make decisions about your care if you become incapacitated. The power of attorney for health care used to designate such a person is also sometimes known as a health care proxy. In Illinois, the legal term for a health care proxy is health care agent. Their primary job is to direct your treatment according to your wishes.
How Common Is Nursing Home Abuse in Illinois?
Elderly and disabled adults in nursing homes live with the constant threat of abuse, neglect, and maltreatment from the nursing home staff they rely on to protect their health and safety. Nursing home abuse is a nationwide crisis, and unfortunately, Illinois is not exempt.
What is The Illinois Nursing Home Abuse Statute of Limitations?
The Illinois nursing home abuse statute of limitations is two years from the date of injury or death. Your attorney must gather evidence before filing your lawsuit, and critical evidence may only be available for a short time. In addition, if you miss the deadline, your case will be dismissed, and you will lose your chance to seek justice and compensation.
What is the process of filing an elder abuse lawsuit?
If you or your loved one has experienced abuse or neglect in a nursing home, assisted living facility, or any other setting, you may have grounds to file a civil lawsuit. The elder abuse lawsuit process is a complex undertaking that requires thorough investigation, strong evidence, and knowledge of filing procedures and deadlines.
