Personal Injury FAQ’s

Common Questions About Personal Injury and Negligence Claims

Chicago, Illinois Personal Injury Lawyer Eugene K. Hollander

Q: I have been injured as a result of an accident. How long do I have to file a lawsuit?

A: Generally, an injured party in Illinois has two years from the date of the accident to file a lawsuit. Because there may be certain exceptions to this rule, you should consult with an attorney as to whether it is too late for you to take action.

Q: I have been injured in an car accident. How can I best prepare my case?

A: If you have been injured due to a motor vehicle collision, immediately seek medical treatment. Have someone call the police to have them come to the scene. Be sure to keep all of your medical bills and keep track of your other expenses. Take photographs of your injuries and the damage to your car. Call an attorney to discuss your case.

Q: I believe that my doctor was negligent in performing a surgical procedure. What are my rights against that physician?

A: Generally, in Illinois, an injured party has two years to bring a medical malpractice claim against a doctor for a negligently performed operation or a misdiagnosis. Be sure to call an attorney to discuss your claim.

Q: I was injured at work. Can I recover for my injuries?

A: You may have a claim for worker’s compensation for your on-the-job workplace injuries. Additionally, you may have a product liability claim if you were injured due to a defective machine, or if there were inadequate warnings given as to how to use the product.

Q: I was rear ended by a driver who lives in Lake County, Illinois. The accident occurred in Chicago, Cook County, Illinois. I live in DuPage County. Where will my lawsuit for my personal injuries be filed?

A: Generally, you would file your lawsuit where the accident occurred or where the defendant lives. In this case, you could file your lawsuit in either Cook County or Lake County, Illinois.

Q: I had a slip and fall accident at a store’s parking lot and was injured. Do I have a case?

A: You may have a premises liability case. Generally, an owner of property can be held liable for one’s injuries if he had actual knowledge of a particular defect, or had constructive knowledge of the problem and did not correct the dangerous condition.

Q: I had a family member who died due to the negligence of another. Can I bring a lawsuit against the negligent party?

A: One who is designated as a Special Administrator may bring a lawsuit for a wrongful death claim on behalf of the deceased party.

Q: A neighbor’s dog bit my child. Can I pursue a case against the homeowner for my child’s injuries?

A: Someone, usually a parent, may bring a lawsuit against the homeowner for a dog bite injury. Under Illinois law, the injured child need not show that the homeowner was negligent to recover for injuries.

Q: I believe that my lawyer was negligent in handling my personal injury case and that I have been damaged as a result. What can I do?

A: You should gather all of the papers from your case and seek the advice of a lawyer. Similar to a medical malpractice case, you can pursue a claim for legal malpractice, generally, within two years from the time that you knew that the attorney’s negligence occurred.

Q: I was sexually abused by a priest when I was a child.  I had a troubled childhood and did not recall the incidents until recently.  What should I do?

A: You may have a claim under Illinois law for childhood sexual abuse.  Under current law, you can bring such a claim within ten years from the time that the abuse occurred, or within five years from the time that you recall that you were injured and were knowledgeable about your injury.  You should contact an attorney immediately to explore the claim.

Eugene Hollander is a trial lawyer with over 20 years experience. Mr. Hollander has tried numerous cases in the state and federal courts, and currently heads his own law office in Chicago, Illinois, serving Cook, Lake, DuPage, Kane, Will, and McHenry counties. Our full service law firm concentrates its practice in the prosecution and defense of personal injury, employment discrimination claims, and medical malpractice suits, and also engages in various types of commercial litigation. For more information, contact us online or call us today: (312) 425-9100.