Bankruptcy Prof Blog

You where injured when a forklift you where driving malfunctioned. You know it malfunctioned because you have been a forklift driver for more than 10 years and your experience and skills are unquestioned. Now you know you will need a Chicago injury attorney. Why Chicago? The warehouse you work for in located in Cook County, in the City of Chicago.

Is it important to prove or disprove fault? To answer this question you will need to know that Illinois is an at-fault state and as such this state would adhere to the principles of a modified comparative negligence or as it is sometimes referred to as the modified comparative fault concept. That is to say, under the provisions of this doctrine, we find that damages are allocated in accordance to the percentage of fault you are responsible for. Thus, in Illinois a plaintiff would receive damages or restitution for their injuries only if they are found to have been less than 50% at fault. 51% or more, and the plaintiff would not recover anything. Who would decide the percentage of fault? The courts having jurisdiction over the case and the claim would be the deciding authority in this matter. After viewing all the fact, the percentages would determine which parties insurance would pay and for what amount.

All states have statutes limiting the time for filing a lawsuit. These rules are referred to as the Statute of Limitations. So it would follow that Illinois would have limits listed in there Statutes as well. In Illinois it is important for a Chicago based injury attorney to understand that they must act or encourage their client to decide to act within a two year time frame starting at the time the incident occurred. Explain to your client, that you can only assist them in a suit for redress for this negligent action during this period as limited by Illinois State law.

You can work well with your attorney by agreeing to take his or her advice when given. You may not always know or understand the legal reasons behind the requests given by your attorney to do or refrain from doing an act, but it would be important to understand that they are the legal professionals and it may best serve you to simply take his or her advice.

You can assist your attorney greatly by simply respecting their time and schedule requirements. Avoid such annoyances as telephoning your attorney before or after business hours. When you are scheduled to either be in your lawyers office for a meeting or in court at a specific time, do not be late or inappropriately too early.

Do not say you understand a legal concept offered by your attorney if in fact you do not. Ask him or her to explain the concept in layman terms for better clarification. The lines of communications between you and your attorney are extremely essential to a good defense or maximizing on damages sort.

Understand that in Illinois, there are no limits on punitive damages recoverable for your client. These and other complex legal concepts are only the being of the specific knowledge needed to become a successful Chicago injury attorney.

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