One of the reasons we are careful in our actions is because they affect not only us but also others. Personal injury lawsuits typically arise because one individual or group of individuals were not mindful of their actions. It can be because they were negligent or they intentionally chose to act in a way that would hurt someone else.

Therefore, if you were hurt in any event or accident caused by someone else’s negligence in Illinois, you can take legal action. However, Illinois personal injury law gives you a certain amount of time to file an insurance claim or lawsuit.

This time is referred to as the statute of limitations; once this time elapses, you forfeit your chance to get compensation. This article, therefore, looks at the statute of limitations the state of Illinois puts on personal injury cases.

The Statute of Limitations Based on the Type of Personal Injury Claim

Generally, the statute of limitations for filing a personal injury claim in Illinois is two years. However, that time is subject to a few factors, including the specific circumstances surrounding the case. Meanwhile, the timeframe starts running from the date you sustained the injury, meaning you have until your accident’s second anniversary to sue.

The types of personal injury claims with a two-year statute of limitations include:

• Car accidents
• Motorcycle accidents
• Bicycle accidents
• Truck accidents
• Pedestrian accidents
• Nursing home abuse and neglect
• Premises liability matters such as dog bites and slip and fall accidents
• Workplace accidents
• Construction site accidents
• Product liability cases
• Wrongful death

However, while two years is the general deadline for filing a personal injury claim in Illinois, some cases may require longer. For example, cases involving workers’ compensation claims, medical malpractice, and government tort claims have a longer deadline.

Workers’ Compensation

A claim for workers’ compensation is not exactly a lawsuit, but it also fits into the personal injury law. Furthermore, the claim provides an avenue for injured workers to recover compensation for work-related illnesses and injuries.

Under Illinois law, the statute of limitations for workers’ compensation benefits is three years from the date of injury. Or two years from the date you received your last benefits.

Medical Malpractice

Medical malpractice lawsuits follow the general two-year statute of limitations in Illinois but with a slight twist. That is, the rules for when the clock starts running are different from those for medical malpractice cases.

The reason for this is that some injuries do not manifest right away, and patients will need additional time to pursue compensation. Typically, the time for these cases starts running when:

1. You knew you were injured
2. Received written notice of your injury
3. Or when you should have known you were injured

Government Tort Claims

Government tort claims have the shortest statute of limitation, besides the fact that the government traditionally follows sovereign immunity. Being protected by sovereign immunity means they cannot be sued for certain types of personal injuries except under the following:

• The Local Governmental and Governmental Tort Immunity Act and
• Illinois Court of Claims Act

Therefore, if you were injured due to government negligence, or if it contributes to it, you can probably file a claim. You have:

• One year from the day you were injured to file with the Court of Claims and Attorney General
• One year from the accident date to file a lawsuit with the Court of Claims

Or, under the Local Governmental and Governmental Tort Immunity Act, you have:

• One year for willful and wanton misconduct
• Two years for medical negligence

Conclusion

When in doubt consult with a local personal injury attorney. Most injury attorneys off a free consultation so it never hurts to reach out with questions.

A vehicle crash can happen for many reasons, but if research and past surveys are anything to go by, negligence is one of the biggest factors contributing to car accidents in the US. That said, negligence on the road can manifest in many ways, such as distracted driving, tailgating, and for the purpose of this blog, running a red light.

Every year, thousands of American lives are affected by red light accidents. If drivers exercised more caution and followed traffic rules, injuries could have been prevented and lives saved. But this is not the case. In 2009 alone, approximately 676 people lost their lives and more than 130,000 sustained injuries in crashes involving red light running.

In a bid to curb this growing road threat, many states have implemented red light cameras at various intersections. In this blog, we will see how these red lights work and how they can affect a personal injury claim involving a red light violation.

What Is a Red Light Violation?

In simple terms, a red light violation occurs when a vehicle crosses the white stop line after the traffic signal has turned red. The culprit may run through a red light or they may fail to stop prudently at a red light, both violations.

Red Light Cameras and Personal Injury

Red light cameras use high-grade technology to capture video and pictorial evidence of drivers running red lights. “Sensors activate the high-definition video cameras. When a driver runs a red light, the sensors trigger the cameras to record video footage and still shots of the vehicle running the red light,” says Personal Injury attorney Christopher Largey.

The footage captured by the red light cameras can serve as essential  evidence in a personal injury lawsuit. They can act as proof of liability, making it easier for victims to seek compensation. But beyond that, are the cameras effective in reducing such accidents?

When the public becomes aware that a particular intersection is equipped with red light cameras, they are more inclined to follow traffic rules as they know their actions will be documented should they choose to be negligent. So, yes, red light cameras are an effective tool in reducing red light violations on US roads.

The Role of a Personal Injury Lawyer

If you or your loved one is injured in an accident involving a red light, you should consider seeking counsel from a qualified personal injury lawyer. With such a professional by your side, the odds of winning may be in your favor as they bring a wealth of experience to the table.

They will request the red light footage of the scene of the accident to determine the liable party. They will analyze this footage with their keen investigative skills to shed light on how the accident occurred, which can help prove liability and get you the compensation you deserve.

Most personal injury lawyers use a contingency fee structure, where you do not have to pay any fees upfront to access the service. Their payment comes from the compensation you receive should you win the case. Most attorneys charge a contingency fee of about 33 percent.

With such a payment structure, personal injury lawyers are incentivized to do their best to help you win the case as their interests are aligned with yours. It is a true win-win relationship.

Settling a personal injury claim can be quite the journey—endless doctor’s appointments and lengthy legal chats included. When that settlement check finally lands in your hands, it feels like a ray of light after a storm.

However, just as you’re about to breathe a sigh of relief, the question of taxes may start tapping on your shoulder. It’s crucial to get a clear picture so you can sidestep any issues that could turn this financial relief into another headache. 

Let’s dive in and figure out if this is all smooth sailing or if Uncle Sam is reaching for a slice of your pie.

What Is a Personal Injury Settlement?

A personal injury settlement is essentially an agreement in which the person or company responsible compensates you for any harm caused by an accident. 

These agreements might come together quietly through negotiation outside of court or result from a judge’s ruling after a trial. Either way—whether it’s hashed out over coffee or handed down by a judge—the main goal remains: to help you recover and make up for financial losses.

And here’s a bit more good news: when it comes to taxes, it doesn’t matter if your compensation was settled in a conference room or court; the tax approach stays the same.

Are Personal Injury Settlements Taxable on the Federal or State Level?

Here’s some good news: generally, no. Under the U.S. tax code, specifically Section 104(a)(2), compensation received as damages for personal physical injuries or sickness is not considered taxable income. 

This means that whether your settlement covers medical bills, pain and suffering, or lost wages due to injury time away from work, it remains yours free from federal taxes.

This provision solidly supports the idea that these funds support recovery and rebuilding—not a gain that needs taxation.

Navigating the Taxable Waters of Your Settlement

While your personal injury settlement is generally tax-free, certain parts of it could attract Uncle Sam’s attention. For instance, let’s discuss punitive damages. “Unlike compensatory damages, which are meant to make you whole, punitive damages are awarded to punish the offender and deter similar acts in the future. Because of their nature as a deterrent rather than compensation, they are taxable,” says Maine personal injury lawyer Benjamin Gideon.

Also, if you had previously deducted medical expenses related to your injury on your taxes and later got reimbursed through your settlement, that reimbursement may become taxable income. Another aspect is interest on the settlement amount accrues from the time of the incident until it is paid.

Should You Report Your Personal Injury Settlement to the IRS?

Even though a good chunk of your personal injury settlement is probably tax-free, it’s still smart to keep the IRS informed. Here’s a handy tip: be open and report every part of your settlement. This helps you clearly outline what’s taxable and what isn’t.

By keeping detailed records—from the non-taxable compensatory damages for physical injuries to the taxable punitive damages—you’re setting up a solid defense against any future queries or issues with the IRS. 

If you ever find yourself scratching your head over this, don’t hesitate to contact a tax professional who can tailor their advice to your specific situation and ensure everything is reported just right.

Wrap Up

Navigating the ins and outs of personal injury settlements and their tax implications does not have to feel like a trek through uncharted territory. When it feels as if you are overwhelmed, reach out to a skilled attorney or tax advisor that can provide you with some much-needed clarity.

Car accident victims often find themselves anxious and confused after the ordeal—as they should be. Apart from the physical injuries, car accidents can destabilize victims’ mental health in more ways than one. Moreover, an overwhelming feeling of dread can be expected when considering the damaged car and dealing with an insurance company.

The good news is that you can seek compensation if you have suffered injuries in an accident caused by the other driver’s negligence. According to Pennsylvania law, you can file a claim for compensation to recover your losses.

However, to win the case, you will need the help of a qualified car accident attorney in Pennsylvania. Therefore, as you research for an attorney to represent you, here are some things to look for.

Background With Car Accidents

Legal practitioners focus on different fields of law; we have divorce lawyers, bankruptcy lawyers, and intellectual property lawyers. For the most optimal outcome in your case, you need a lawyer who has knowledge and a background in car accident cases. Such a lawyer will be effective in fighting for justice on your behalf due to their years of experience handling similar cases.

You cannot consult a dermatologist for an eye defect; you do not want a divorce lawyer handling a car accident case. Furthermore, ensure you evaluate the aspect the attorney is knowledgeable in and if they can take your case to trial. You want to avoid a firm that will pressure you to settle for less than your case is worth it.

Communication

You may need help understanding the legal jargon used in a meeting, but that does not mean you should be in the dark. This is your case, and you must be 100% involved, not leaving the decision-making to your lawyer. Therefore, when choosing a lawyer, ensure you are okay with their communication style; it must fit your needs.

Furthermore, firms and lawyers have different communication styles. In some firms, clients work with attorneys directly, communicating primarily through texts. Other firms and lawyers let their clients talk primarily with a paralegal or another support staff member, although they have sporadic conversations.

You get to decide on the firm or lawyer with the communication style that suits your needs. Therefore, confidently ask any prospective attorney about their communication with clients and whether or not the lawyer will handle your case personally.

Fee Agreement

You most likely need more money to pay an attorney, which is one reason many do not retain one. However, many law firms in Pennsylvania offer free consultations where they evaluate the case, listening to the facts. Then, they advise their client on whether there is a justification for a claim or not.

Furthermore, most car accident attorneys in Pennsylvania offer their services on a contingency basis. That means they only collect legal fees or expenses if they help you obtain the compensation you seek. Then, you will both agree on what percentage of the compensation the attorney will receive before any representation begins.

Conclusion

“It is normal for some accident victims to be indifferent about whether they need a lawyer for several reasons, including cost,” says Attorney Andrew Statmore of Fredson Statmore Bitterman. While it is not a prerequisite, retaining a lawyer can benefit you, including helping you better understand your rights. Furthermore, if it seems you have a meager winning chance, having a lawyer can turn those odds in your favor.

On March 22, 2024, a school bus carrying a group of Pre-K students traversed the scenic roads of Bastrop following an educational excursion to the local zoo. 

Sadly, things take a serious nosedive into tragedy when their school bus collides with a concrete truck in one horrific head-on smash-up. This catastrophe sadly took some innocent lives and left others grappling with deep scars.

Caught up in this gut-wrenching scenario was one heroic teacher’s aide who stood up amidst the chaos. She is now spearheading a legal battle against both the driver whose truck turned their day upside down and his higher-ups at F.J.M. Concrete. 

Chaos Unfolds on a Joyful Journey Home

Here is how it all went down: The kids from Tom Green Elementary were riding back home along SH 21 after a cool day out. However, in a snap, things flipped literally and figuratively. 

While driving his F.J.M. Concrete truck, Jerry Hernandez swerves unexpectedly right into their path. The school bus did not stand a fighting chance against such a heavy hitter; it got slammed hard and heaved over on its side.

Lives Changed Forever

A day that should have ended with bedtime stories about zoo adventures shifted to a news story no one wished to hear. Among the joyful kids was five-year-old Ulises Rodriguez Montoy, who did not make it home that day.

33-year-old Ryan Wallace, who had been following behind the ill-fated school bus in his own vehicle, also lost his life in the crash’s aftermath.

Deborah Serna, the teacher’s aide, suffered multiple severe injuries, including back fractures. Her current focus is exclusively on recuperation and medical treatments, a significant departure from her previous role centered on education and child development.

Driver’s Recklessness and Arrest

Jerry Hernandez, the truck driver, was arrested and slapped with charges of criminally negligent homicide. Turns out, he admitted to smoking marijuana the night before and using cocaine just hours before that disastrous drive.

“Driving under such influence is not just irresponsible. It is downright dangerous, and Hernandez might be staring down some pretty severe consequences under Texas law,” says Texas personal injury lawyer Felix Gonzalez of the Felix Gonzalez Accident & Injury Law Firm.

Seeking Justice

Moving forward, Deborah Serna has filed a personal injury lawsuit against both Jerry Hernandez and his employer, F.J.M. Concrete. She is asking for upwards of $1 million, citing staggering medical bills and lost wages.

Under Texas statutes, Hernandez is directly on the hook for his impaired actions behind the wheel. F.J.M. Concrete is also facing scrutiny for their sketchy hiring practices; knowing well about Hernandez’s substance misuse issues yet still letting him drive poses a huge red flag on their end.

Legal Repercussions and the Call for Safer Roads

The personal injury lawsuit initiated by Deborah Serna is likely just the beginning, with expectations of more legal actions surfacing from this horrific event. Defendants Jerry Hernandez and F.J.M. Concrete are facing not only a strenuous court struggle but also potential deep cuts to their finances and reputation. 

Beyond the courtroom, this case could be a catalyst for tighter regulations within the trucking sector, particularly focusing on more stringent driver screening and monitoring practices—a hopeful stride towards enhancing roadway safety for everyone.

Regarding personal injury claims, states use two approaches to determine who is at fault. One of these is the contributory negligence defense, where if the hurt individual contributed to the accident that caused their injury, the defendant goes free. This article guides understanding contributory negligence, how it works, and how it affects claims.

How Contributory Negligence Works: The Doctrine

Under contributory negligence, a defendant can be free from paying compensation if the plaintiff played a part in the accident that caused their injury. The rule states that the defendant is not held responsible even if the plaintiff’s part is only one percentage. The plaintiff cannot win the claim and will collect nothing as compensation.

For example, if a drunk truck driver hits a bicyclist while the latter is running a red light, the bicyclist is not using reasonable care. Although the driver was not acting reasonably as they were drunk, the bicyclist was also negligent. In a state that follows the contributory negligence rules, the drunken truck driver can walk even if they are 99 percent to blame.

Contributory Negligence Defenses

In personal injury or tort cases, it is imperative to establish negligence for two reasons. One, the plaintiff has to show negligence on the defendant’s part if they will get compensation. Two, the defendant can prove negligence on the plaintiff’s part to escape liability in contributory negligence states.

A plaintiff typically has to prove negligence by showing that the defendant’s behavior was below the standard of care of a reasonable individual. If a reasonably prudent individual had been in the same situation, they would have acted differently.

Who Proves Contributory Negligence?

In tort cases, the plaintiff bears the burden of proving negligence on the at-fault party’s part. That is, they must show that the defendant was negligent and they got hurt because of it. In response to the claim, the defendant can claim contributory negligence, which defendants often use as a defense to avoid liability.

The defense is burdened to prove contributory negligence by showing that the plaintiff was also negligent. They must show that the plaintiff acted unreasonably under the circumstances and that their actions contributed to the accident.

Essentially, the defense has to convince the jury of what the average community member would do in the same situation as the plaintiff. The standard of care does not consider the plaintiff’s knowledge or abilities. The jury will also determine if the plaintiff acted unreasonably in the situation.

If the defendant can successfully prove the other party’s negligence, the plaintiff can lose their ability to recover damages. If you are in a situation like this, you should talk with a lawyer who can help you understand how everything works. They can explain the rules and how the claim will turn out.

Conclusion

Contributory negligence states allow a defendant to contest a personal injury claim by proving that the plaintiff shares the blame for the accident. If the defendant succeeds, the plaintiff will lose the right to collect compensation for their losses. This is true even if the blame the plaintiff shares in the accident is only one percentage.

Contributory negligence applies in only a few states, including North Carolina, Maryland, Alabama, and Virginia. “If you live in a contributory negligence state, consider hiring a lawyer to help you understand the rules. They can also help you set realistic expectations for your case or let you know if you have one,” says attorney Gregory P. Fayard of Emmanuel Sheppard & Condon.