Chicago Personal Injury Lawyers Fight to Hold Wrongdoers Accountable
Getting injury victims and their families throughout Illinois the compensation they deserve
Some injuries can change a life forever. Serious injures can require around-the-clock medical care, multiple surgeries, and intense unbearable pain. Catastrophic injuries can mean the victim can no longer care for himself/herself or enjoy the daily pleasures of life. Many injuries are permanent. They can prevent the victim from ever working or resuming work. Some injuries leave visible physical scars. Others can lead to a lifetime of depression and anxiety.
At Gainsberg Law, our attorneys understand how devastating injuries can be. We have a strong record of tough representation for clients who were severely injured through the fault of another. We counsel clients when a company fails to design a product properly, fails to make the sidewalks or stairways safe, or when accidents occur while you’re visiting or touring Chicago or the surrounding areas. When injuries happen, our Chicago personal injury attorneys fight for compensation for physical pain and suffering, lost income, scarring, and payment of all reasonable medical bills.
Types of personal injury cases we handle
Accidents cause all types of injuries, such as broken bones, bruises, respiratory problems, heart complications, and most any type of problem that needs medical attention. Some of the more serious types of injuries our firm handles are:
- Spinal cord injuries. Injuries to the spine can cause paralysis in the lower parts of the anatomy or in all four limbs, nerve damage, loss of bodily function such as bladder control, and long-lasting pain. Spinal cord injuries can be caused by many types of accidents, including vehicle accidents, slips and falls, and sports or recreational activities.
- Brain injuries. Traumatic brain injuries can cause the brain to bleed, bruise, or swell. Brain injuries can result in death. Survivors often lose some cognitive function and suffer from headaches, confusion, and depression. Brain injuries can be caused by a car or truck accident, a gunshot, an accident at work, an explosion, and more. Our Chicago personal injury lawyers work with doctors to analyze the physical cause of the accident and the patient’s long-term diagnosis.
- Burn injuries. Burn injuries can range from minor burns to second- and third-degree burns. Burns can be classified as thermal, electrical, or chemical. For many patients, multiple surgeries and skin grafts are required. Victims often are left with unsightly scars. The causes of burn injuries include fire, automobile crash explosions, defective products, and other types of accidents.
- Product liability. Any company that puts a product into the stream of commerce may be strictly liable if the product is defective and the defect causes injuries. This includes manufacturers, distributors, and sellers. Defects include poor design, improper manufacture, and inaccurate or confusing instructions.
- Premises liability. Business owners and residential owners have a duty to keep their property safe for people who use or walk through their premises. Anyone who is injured on the property of another due to spills on the floor, icy sidewalks, dog-bites, falling merchandise, poor lighting, torn carpets, rickety stairways, negligent security, or other reasons may have the right to sue the property owner for any injures they suffer.
- Tourism-related liability. Accidents can occur when visitors are injured or killed while in a train, cab, rental vehicle, bus, shuttle, or boat. Some tourists are hurt when they pass through a hotel or motel. Accidents can occur at museums, entertainment halls, and restaurants. Our Chicago personal injury lawyers understand how to hold tourist-related business accountable when tourists are injured through no fault of their own.
- Medical malpractice. When health care professionals make serious medical mistakes, the results can be deadly for the patient. Whether you’ve been affected by a misdiagnosis, surgical error, or medication mistake, let out firm protect your rights.
- Police brutality. For the most part, Chicago’s police department offers fair treatment to suspects and those convicted. Unfortunately, some members of the force are known for unethically using unnecessary force before, during, and after the arrest process. For some, the consequences are deadly.
- Nursing home abuse. Leaving loved one’s in care of a nursing home facility is supposed to bring relief to the patient and the family. Yet, when residents are neglected and abused, your family member could be in serious danger. Let us protect the rights of your loved one who has suffered nursing home abuse.
We also represent clients across Illinois in other types of personal injury cases such as workers’ compensation and wrongful death.
$250,000 for Settlement for Uninsured Motorist Claim by Bicyclist Injured in Hit-and-Run
On July 31, 2016, a 61-year-old male was struck by a hit-and-run vehicle and thrown about 50 feet, in addition to being dragged by the vehicle. He sustained several wounds and abrasions (requiring multiple sutures), a comminuted fracture of the right clavicle, a nondisplaced fracture of the head of the clavicle, a mid-sternal fracture, and a left 4th rib fracture. He also experienced vertigo following the accident. Gainsberg Law filed an uninsured motorist claim for our client based on the wrongful conduct of the hit-and-run driver, and was able to convince the client’s insurance company of the permanent and severe nature of the man’s injuries. The client agreed to a $250,000.00 settlement for his injuries.
A Quick Snapshot of a Serious Personal Injury Claim
There are many different types of personal injury claims that arise out of an accident or incident where one person's negligence caused the other person's injuries. A person might suffer a serious personal injury in a car or truck accident, in a slip and fall accident, because of a defective product or any other form of tort of which negligence is the most common type. The process that we are going to roughly outline here will vary for every client depending on the specifics of their case. We share this just to give you a high-level overview of how a personal injury claim might flow.
First, you consult with your personal injury attorney
Your personal injury attorney is going to want to discuss the accident to get all the details about how the injury occurred, and who or what caused the accident or incident to establish liability. A personal injury claim is based on negligence, so your attorney needs to understand the facts of the case so that he or she can determine whether your case is valid and worth pursuing. Just because you have a serious injury does not mean that your case is likely to be successful.
Your attorney will ask about the medical treatment you are getting for your injuries and any other important facts about your case.
Next, you determine damages
Your attorney will look at the facts of your case including all the evidence of the extent of your injuries, which would include medical records. if your injury could potentially be disabling, your attorney may work with a life care planning expert who can create a plan that would determine the level of ongoing medical care needs, what permanent impairments you might have and how long you will require medical care. Medical expenses, lost wages and diminished earning capacity, any scarring or disfigurement. For spouses, loss of consortium is also a consideration.
Third, you negotiate with the insurance company
When your attorney has gathered the evidence and calculated the damages, they will send a demand letter to the insurance company for the at-fault individual. Your attorney will go back and forth with the insurance company until they can come to an agreement on a settlement amount that will encompass your needs. Although most cases are settled without a trial, your attorney must be willing to litigate if the insurance company is not forthcoming with a fair settlement amount. To prove how determined they are, your attorney may file a complaint in court to initiate litigation.
Finally, you prepare a civil lawsuit
If the insurance company does not budge from their final number, your attorney will take the case to court. They will file pleadings and begin documentary and oral discovery and pre-trial motions may be filed. At this point, settlement negotiations may restart and the insurance company may settle. of not, you will go to court.
There will be a trial, and a jury will decide whether and how much compensation you will receive. The appeals process is available for the party that loses the case.
Speak with an experienced Chicago personal injury attorney today
At Gainsberg Law, our legal team has the professional skill and tenacity to investigate your claim, negotiate with insurance adjustors, work with product experts and medical experts, and prepare your case for a jury trial. We have obtained large verdicts and settlements for many of our clients. Our Chicago personal injury lawyers tackle every aspect of your cases so you can focus on getting as healthy as possible. Call 312-600-9585 or fill out our contact form to schedule an appointment.
- 10 Benefits of Hiring a Personal Injury Attorney After a Serious Injury
- How Much is My Pain and Suffering Worth in a Lawsuit in Chicago?
- Getting the Support You Need When a Wrongful Amputation or Loss of Limb Changes Your Life
- Some Lives Are Worth More than Others When It Comes to Personal Injury Compensation
- Personal Injury Lawsuits and Social Media Privacy
- Can I Bring a Claim if I Fall on Snow, Ice or Rain?
- 5 Common Scenarios Leading to Injuries in Autumn in Chicago
- Pros and Cons of Spinal Cord Stimulators