Personal Injury Claims in Illnois

If you or a loved one has been injured from a personal injury event, it is important to seek out an attorney right away that is knowledgeable in helping victims and their loved ones to get rewards. You may be eligible for compensation (known as “damages”) related to medical costs, pain and suffering, and a range of other things.

Types of Personal Injury cases

You should be aware of the different types of personal injury cases. The type of case that you pursue will determine the attorney that you will hire, the documents that you will need, and the amount of the settlement. Some types of personal injury cases are:

  • Slip and fall
  • Medical malpractice
  • Products (injuries from drugs)
  • Asbestos exposure
  • Worker’s compensation

Fault rules in Illinois

Illinois is one of many states that operate under a fault law. In the case of an accident, a defendant is required to pay damages to the plaintiff. Usually, this is done through insurance, although it may not be. Drivers in Illinois have the option of pursuing a claim through their insurance policy, or taking the other party to court in a civil case.

Required auto coverage for Illinois

Drivers in Illinois are required to carry a minimum amount of liability insurance coverage. This includes:

  • Bodily injury of $20,000 per person.
  • Bodily injury of $50,000 per accident.
  • Property damage of $20,000 per accident.
  • Uninured/underinsured motorist bodily injury coverage of $25,000 per person and $50,000 per accident.

Statute of limitations

Please be aware that there is a time period in which you claim must be filed. This is the statute of limitations. If you do not file within this time period, it’s possible that you may never be allowed to file in the future. Risperdal belongs to the products liability claims, and in Illinois you have two years from the date that the individual (or his guardian if a minor) knew or should have known about the injury.

Risperdal case in Illinois

According to Penn Record, Raymond McAfee lived in Olympia Fields, Illinois and took risperdal for a ten- year period. He brought a lawsuit against the makers of risperdal, Elsevier Inc, Excerpta Medica Inc, Johnson and Johnson Co., and Ortho-McNeill-Janssen Pharmaceuticals. He alleged that in addition to developing gynecomastia, he also developed involuntary movement in parts of his body and diabetes mellitus. He is requesting an undetermined amount in damages.

Damage caps

In many states, there is a limit as to how much a plaintiff can receive in compensation for their injuries. This is known as a damage cap. In 2010, the Illinois cap on medical malpractice damages, including those involving products, was struck down. This was declared unconstitutional. A court will award a winning plaintiff an amount that they deem to be fair.