Experienced Personal Injury Attorneys Assisting Residents of Champaign
Champaign, Illinois is known as an arts and culture hub, which is located near Chicago and Indianapolis. As the fifth-largest city in Illinois, it is home to over 200,000 people. Its central location means that it serves as the junction of three major highways: Interstates 52, 72, and 74. Unfortunately, car accidents can happen on any of these highways or on city streets like Springfield Avenue or Prospect Avenue. If you have been hurt in a crash or in any other type of accident, Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can assist you, based on our extensive knowledge of Illinois law and experience in advocating for victims. Our Champaign personal injury lawyers are prepared to assert the rights of our clients to full compensation, including costs for medical care, missed work wages, and emotional pain and suffering. Additionally, for people who are disabled and no longer capable of working, our lawyers are skilled at setting forth claims for workers’ compensation or Social Security benefits.
Negligence Claims Following Accidents
Champaign residents harmed by the careless acts of others are entitled to pursue legal remedies that may provide damages for their harm. In many cases, personal injury claims stem from car accidents, truck crashes, or slip and falls. The victim would serve as the plaintiff in the claim, and the at-fault party is the defendant. Victims would be responsible to prove legal fault for their harm, and if they are successful, they can recover damages for all of their accident-related costs.
Often, these claims set forth a negligence theory of liability. As a failure to act as a reasonable person would act under similar circumstances, negligence is a breached duty of care. The victim must demonstrate causation, such that it is more likely than not that the defendant’s conduct directly caused their injuries. Unreasonable conduct or reckless behavior typically meets the criteria of negligence. For example, a truck driver who speeds through heavy rain to meet their delivery deadlines and causes a fatal collision as a result of losing control of their massive vehicle would likely be found to have breached their duty of care. In this example, the duty extends to adjusting speed in light of weather conditions and avoiding causing foreseeable harm to others on the road.
After demonstrating a breached duty of care that directly led to harm, a personal injury lawyer can help Champaign residents demonstrate the damages that they incurred. These costs are intended to place the victim in the position in which they would be had the accident not occurred. Medical care, property damage, and missed work wages are generally included in a damages award. Additionally, victims can seek recourse for their emotional pain and suffering, particularly when they have endured a decreased quality of life due to their injuries.
According to the Illinois Workers’ Compensation Act, benefits are available to workers who are injured in the course and scope of employment. In contrast to a personal injury claim, Champaign workers need not prove fault for their job-related harm. Instead, workers’ compensation is a no-fault system of benefits, provided by employers or their workers’ compensation insurance companies.
In addition to injuries suffered at work, Champaign employees are entitled to compensation for diseases that they have developed due to workplace exposure to chemicals. Some industrial diseases, such as dermatitis or asbestosis, are considered by law to be a work-related injury. Other workers may find that their workplace or job-related tasks have aggravated a pre-existing medical condition. Illinois law provides that employees who show a causal link between their workplace and a worsening of their pre-existing condition may be eligible for workers’ compensation benefits.
Social Security Disability
When an injury or illness prevents an individual from successfully working or performing substantial gainful activity, Social Security Disability benefits may be available. A claim for Social Security benefits must meet the Social Security Administration’s definition of “disability.” In some situations, initial claims are rejected, and reconsideration takes place.
It is important for people seeking Social Security benefits to understand that their claim requires proving a disability through medical documentation. Examining doctors, as well as other professionals, must support a claim that the impairment has prevented the claimant from working. The Administration also requires that this impairment or limitation last, or be expected to endure, for at least 12 months.
Enlist a Dedicated Champaign Personal Injury Attorney to Advocate for Your Rights
Throughout the Champaign area, individuals seeking a personal injury or workers’ compensation lawyer can receive personal attention and vigorous representation from the attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. For decades, we have set forth strong claims on behalf of clients as they advocate for their right to Social Security benefits, personal injury damages, or workers’ compensation benefits. To understand more about your legal rights and obligations, contact us to schedule a free consultation. Our offices can be reached by calling 312-724-5846 or by completing our online form.