Injury News

Welcome to our new website, AskGordonNow.com!

We are proud to launch our new website knowing it offers better opportunities to help accident victims in our hometown of Colorado Springs, as well as Alamosa, Pueblo, the Arkansas Valley, Pikes Peak and everywhere along the Front Range.

Please take a look around the site. You’ll get a little history about attorneys Gordon and Barkley Heuser, our approach to personal injury law, answers to some basic questions about each area of our practice and opportunities to communicate directly with one of the attorneys.

We have a reputation for great service to our personal injury clients and we want this site to be an extension of that great service. We’ve made sure the website is easy to get around. We’ve packed it with lots of useful information and provided plenty of ways to get in touch with us for additional information and to ask questions about your own accident and injury issues.

There are four ways you can communicate directly with an attorney via this site:

Get “Free Advice” by clicking the bright green button at the top right of any page on the website. Then fill out the form, write in your question and send it on to Gordon! He will email his reply directly to you as soon as he can.

The “Click to Call” button initiates a phone call with our office. Enter your name and phone number and we will immediately call you to answer questions about your accident and injury or to evaluate your legal needs.

The “Click to Chat” button opens an online conversation with our office. If you’re more comfortable chatting online then talking on the phone about your accident, this is a great way to get answers to your important legal questions.

“Ask Gordon” is an online form you can use to email a question directly to attorney Gordon Heuser. Maybe you’re not ready to have a lengthy question and answer session about your accident and your injury, but you know you need some help. “Ask Gordon” and your message goes directly to him. He will email his reply as soon as possible!

All of these tools are free! We’re here to help you, be it a simple question or complicated legal matter.

Also, you might find your answer by just clicking around the site: Frequently Asked Questions and video segments have Gordon talking about some general legal issues, such as what to expect during your accident case and injury recovery, the importance of hiring a lawyer, how much your case is worth, what you should do after a car accident and how much the insurance company is concerned with your recovery following a serious injury.

Follow Gordon on Twitter and check back here at our blog regularly to read posts about local legal issues and special interests of Colorado Springs, Pueblo, Alamosa, the Arkansas Valley, Pikes Peak and the entire Front Range. Please comment on any of the blog entries. We welcome your feedback!

Hopefully you haven’t suffered a severe injury and won’t ever need our services, but we want you to know we are here for you should that time ever come.

It truly has been a privilege to practice personal injury law and help the people in and around our hometown Colorado Springs for more than 25 years!

Read more at Colorado Springs accident lawyer’s Gordon Heuser’s website.

Get know Colorado personal injury attorney Gordon Heuser by watching these videos.

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These days many organisations advertise their claims services. Often they have a website where you can enter the details regarding your personal injury using an online form. Your case is then dealt with by a team of lawyers who will contact you to gather further information about the circumstances surrounding the accident. At that point they will decide whether to proceed to a full assessment of your potential claim or decline the case altogether.

If the case requires further investigation then it is passed over to a qualified lawyer who is experienced in dealing with the specific type of accident claims case. The lawyer may request that a medical evaluation is required in order to ascertain the full extent of your injuries and to provide the court with written evidence from a recognized medical professional. The legal team will also contact the other party involved to inform them of a potential case of negligence against them. At this point both sides will be involved in a litigation process in order to establish blame and agree a compensation settlement. Often an agreement is reached outside of court that satisfies both parties and enables the victim to receive a no win no fee settlement quickly.

The length of time it takes to obtain a final settlement will depend on how complicated the case is and whether or not liability has been agreed between the parties. The injuries suffered by the victim may take some time to develop in order to expose the full severity and consequences. Documentary evidence of the accident may need to be obtained from eye witnesses, police reports and hospital notes. All of which can involve a lengthy process. Your legal representative will be conscious of getting the maximum amount of compensation for your claim and will need to be meticulous in preparing your legal case.

The majority of communication between the claimant and the law firm in personal injury compensation claims is done by telephone, email and post. It is often the case that you do not need to actually visit a solicitors office.

The main claim types are:

Work accident claims

Workplace owners are legally responsible for creating a safe place for their employees. This means that appropriate health and safety procedures must be adhered to and regulatory obligations for protecting the workforce are implemented. This includes accident safety training, protective clothing and equipment and first aid requirements in the event of an injury. Employees who suffer an accident at work can file a claim for compensation against an employer for negligence.

Motor accident claims

Many of the more serious claims are the result of injuries suffered in road accidents. Speeding and driving without due care and attention are major contributory factors in road accident cases. The majority of people hurt are usually bystanders such as passengers in the vehicle or pedestrians. Compensation claims can be filed against the driver and the owners of the vehicle. This would include claiming against bus and coach companies, trucking companies and private individuals. In most cases the compensation settlement is paid out by the insurance company that vehicle is insured with.

Medical negligence claims

Claims against hospitals and clinics are usually the result of negligence during a surgical operation or misdiagnosis of a person’s symptoms. The consequences of such action can result in the patient suffering unnecessary pain and discomfort, delays in regaining their health or even death. Malpractice lawsuits like this are often complex in nature and can require a specialist lawyer to take on the case. Quite often a lawsuit against a medical practice can be quite length to settle as many reports and witness statements need to be taken in order to establish blame.

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Slip trip and fall accidents are such accidents that any one of us may get involved at any time. Slip trip and falls can occur in supermarkets, city sidewalks and just about anywhere a person has tripped or slipped due to another party’s negligence. There are compensation claims for such cases if you suffer an injury that affects you physically and financially (in form of medical expenses and bills or loss of income). It is important that you seek medical attention as soon as you get into a slip, trip and fall accident. you may get seriously hurt as a result of the accident. If that is the case, the medical responders will document the incident. You ought to make sure that you keep a copy of this report. If you decide to hire a lawyer; you will give this copy to your lawyer. You ought to not delay contacting a personal injury lawyer and make sure that you consult a lawyer as soon as possible.

A Personal Injury Lawyer can help you determine if you ought to file a claim for compensation. Slip, trip and fall usually occur due to premises that are either not maintained or left in a defective or dangerous condition. A personal injury lawyer will determine whether the owner of the building or premises has been negligent in maintaining the property and if this negligence has caused your fall. It is vital in such cases to take photographs of the area where the accident occurred, as well as photographs of the footwear you were wearing. It is also very important to proceed with the legal action as quickly as possible as there are time limits to such claims and delays can harm your case.

Personal Injury Lawyers can help to receive the best medical attention. Since they are practicing in the personal injury law and have a enough experience in helping injured victims, they know how to get you the best physiotherapy and make sure that you receive it. They will send you to the best hospital or clinic to have the best treatment from a qualified physiotherapist or doctor. You may get information from a personal injury lawyer that you may well discuss further with your physician. It is quite feasible that the insurance company of the other party contacts you and offers you a settlement. It is important that you know your rights in these circumstances before signing any papers. You ought to cooperate with any investigation, but do it with your legal counsel present to ensure that your best interests are considered.

So if you get into a slip and fall accident, you must speak to a qualified lawyer who is specialized in the slip and fall accidents. Consulting with a lawyer might be significantly helpful as there is nothing to lose for you, as in most cases, they offer free consultation and take on your case on no win no fee basis. Consulting with a personal injury lawyer will help determine your rights and it will help to make a choice whether you ought to take the settlement offer given by the insurance company or you ought to file a case in the court to get the compensation you ought to have.

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Seat belts save lives.

That’s more than an ad campaign or safety slogan - it’s a statistical fact.

Earlier this month the U.S. Department of Transportation (USDOT) announced that the number of overall traffic fatalities reported at the end of 2009 reached the lowest level since 1954, the fourth straight year for a decrease.

The projected fatality data for 2009 places the highway death count at 33,963, a drop of 8.9 percent as compared to the 37,261 deaths reported in 2008. The fatality rate for 2009 declined to the lowest on record, to 1.16 fatalities per 100 million Vehicle Miles Traveled (VMT) down from 1.25 fatalities per 100 million VMT in 2008.

In Tennessee, preliminary figures indicate the number of traffic fatalities declined sharply again in 2009, dropping from 1,043 in 2008 to 962 in 2009.

Federal and state officials attribute that decline, in large part, to increased seat belt use.

“Wearing a seat belt costs nothing and yet it’s the single most effective traffic safety device ever invented,” said Transportation Secretary Ray LaHood. “We want to let the American people know that by failing to wear your seat belt, you not only risk serious injury or death, you also risk getting a ticket.”

It seems the message to “Buckle Up” is working. Data from the National Highway Traffic Safety Administration (NHTSA) shows that seat belt use has risen to a record level of 84 percent, up one percent from 2008. Each percent increase translates to an estimated 280 additional lives that will be saved.

In Tennessee, safety belt usage has improved significantly since the introduction of the Primary Safety Belt Law. According to 2009 data, the safety belt usage rate in Tennessee was 80.6 percent. Despite increases, 57 percent of the total passenger vehicle occupants involved in fatal crashes were not buckled up.

If seat belt use continues to increase, studies show tens of thousands of deaths and injuries can be avoided.

A USDOT study released last May estimates that 1,652 lives could be saved and 22,372 serious injuries avoided each year on America’s roadways if seat belt use rates rose to 90 percent in every state. The new research report, based on 2007 data, also estimates that seat belts saved a stunning 15,147 lives that year.

Seat belt safety campaigns and seat belt law enforcement will continue to try to save more lives.

A recent seat belt PSA from England has become an Internet phenomenon. Instead of the usual effort to shock and scare the viewer, the makers of the “Embrace Life” video use serene depiction a family in their living room with the father pretending to drive a car and the mother and daughter jumping in when he gets into trouble. The 90-second slow-motion piece set to gentle music has been called “moving” and “lovely.” And it’s had more than 5 million views since its release earlier this year, as well as links posted across the internet, on auto forums, Facebook/Twitter and even PC Gamer communities.

Tennessee and a number of states are using “Click It or Ticket” campaigns to promote seat belt use and make drivers aware of the laws regarding seat belts. Enforcement blitzes are typically scheduled around Memorial Day, Independence Day and Labor Day. But drivers and passengers are always subject to the law when in moving vehicles.

Tennessee Department of Public Safety figures show seven people were killed in traffic crashes on Tennessee roadways during the 78-hour Memorial Day holiday period last year. This is a drop from the 13 fatalities that occurred during the 2008 Memorial Day holiday weekend and 21 deaths in 2007.

Five of the people killed last Memorial Day were vehicle occupants. One motorcyclist and one pedestrian were also killed.

“Four of the five people killed in vehicle crashes over the weekend were not wearing their seat belt,” stated Tennessee Highway Patrol Colonel Mike Walker. “How many of those victims would still be here today if they had taken a few seconds to just buckle up?”

Get to know Nashville Lawyer Mitch by watching his videos.

Read more at Mitch’s legal blog.

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A number of recent accidents involving big trucks have spotlighted the dangers auto drivers face when sharing the road with the 30-ton behemoths.

A tragic crash in Kentucky last week claimed 11 lives, the deadliest two-vehicle highway crash in the state since 1988.

Earlier this month in Hendersonville, an emergency room nurse returning home following her shift died after she hit a trailer that had detached from a big rig.

And a sensational video posted on YouTube earlier this year shows a small car in England trapped on the front of a big truck that pushed it at high speed down the highway.

One out of nine U.S. traffic fatalities in 2008 (the latest year with available data) resulted from a collision involving a large truck, according to the National Highway Transportation Safety Administration. Of the fatalities that resulted from crashes involving large trucks, 74 percent were occupants of another vehicle, 10 percent were non-occupants, and 16 percent were occupants of a large truck. (www-nrd.nhtsa.dot.gov/Pubs/811158.PDF)

Funeral services are today (March 30) for 10 of the people killed early Friday morning when a tractor-trailer on I-65 crossed the median and hit them head-on. The victims were Mennonites headed to a wedding in Iowa in a 15-passenger van when the crash occurred about 100 miles north of Nashville.

Killed in the van were John and Sadie Esh, pillars of a small Mennonite community in Burkesville, Ky.; four of their 12 children; a daughter-in-law; the fiancé of their youngest daughter; a 4-month-old grandchild; and a family friend.

The truck driver from Alabama was also killed.

The only survivors were two grandsons, age 5 and 3, who were pulled from the wreck by an eyewitness in another vehicle.
(google.com/hostednews/ap/article/ALeqM5hLwSxXtdifP0CI2hAcp3nu-NSl-QD9EN8RB00)

The 18-wheeler traveled about 425 feet after departing the southbound lane, driving through the median, over a cable barrier, careening into the dark green van, striking a rock wall and finally bursting into flames.

Officials from the National Transportation Safety Board were at the site this weekend starting their investigation. But it may take up to a year to determine a probable cause , according to NTSB vice-chairman Christopher Hart. (bgdailynews.com/articles/2010/03/28/news/news1.txt)

Another fatal truck accident this month happened even closer to Nashville. An emergency room nurse was killed in the early morning of March 15 after her car hit the trailer from a semi-truck.

The accident in Hendersonville was triggered when a large empty trash container fell off the truck, operated by Allied Waste Services. The truck also lost its trailer and a Honda Prelude hit it, driven by Freeda J. Simmons from Gallatin.

Ms. Simmons, 50, was taken to Vanderbilt University Medical Center where she later died. Ms. Simmons had been returning home after her shift in the Vanderbilt emergency room.

The Tennessee Highway Patrol is investigating the incident, including whether the trash container was properly secured to the trailer.
(tennessean.com/article/20100316/NEWS09/3160339/1001/news/Early+morning+crash+in+Sumner+kills+Vanderbilt+nurse)

More than half a million people have watched a cell phone video on YouTube that shows Rona Williams in her Renault Clio being pushed sideways at 60mph down a busy highway by a tanker truck.

Ms. Williams, a 31-year-old veterinarian from York, England, was headed to work earlier this year when she found her car turned sideways, trapped under the front bumper of the tanker truck. She honked her horn and flashed her lights but could not get the trucker’s attention. She said she called police on her cell phone but realized there was nothing they could do to help her.

After a minute, the truck driver realized what was happening and pulled over with her car, which had remarkably little damage. Ms. Williams was unhurt and said the driver did not think the accident was serious, even asking her if he needed to stay around.
(www.telegraph.co.uk/motoring/news/7496046/Rona-Williams-vet-tells-of-miracle-escape-after-lorry-traps-her-car-at-60mph.html)

These examples may not necessarily represent all wrecks involving big trucks. But you can be sure that almost anytime a car collides with an 18-wheeler, the car and its occupants will come out on the losing end.

And there are undoubtedly many times that an accident occurs because of careless - even wreckless - driving on the part of a car around a big truck. Auto drivers have to be mindful that trucks don’t maneuver the same way smaller vehicles do.

Always be aware of traffic around you - big truck or otherwise. Drive careful out there!

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Between 3,500 and 4,000 teen drivers die each year in motor vehicle accidents – that’s more than 10 each day. Additionally, more than 350,000 teens are treated in emergency rooms each year for injuries sustained in a car accident. That comes out to about one seriously hurt teen every 90 seconds.

And the frightening stats just keep coming – especially if you’re the parent of a teen driver or soon-to-be driver.

In the United States, the crash rate per mile driven for 16-19 year-olds is four times the risk for older drivers, according to the Insurance Institute for Highway Safety (IIHS). Risk is highest at age 16. In fact, the crash rate per mile driven is twice as high for 16 year-olds as it is for 18-19 year-olds.

It’s enough to drive Mom or Dad to hide the keys and confine their child to the house until age 25!

But there are encouraging figures, too: death and injury rates for teen drivers have gone down substantially since 1975. This is generally attributed to a number of factors, including improved car safety, graduated driver licensing, increased awareness of seatbelt use, stronger enforcement of drinking and driving laws, reducing teens’ access to alcohol and parents taking more responsibility for preparing their teens for driving.

Last week, U.S. News Media Group examined what states are doing to make their roads safer for young drivers and compiled the findings in its first ranking of the “Best States for Teen Drivers” (available online at www.usnews.com/teendrivers and also featured in the April issue of U.S. News & World Report magazine).

The District of Columbia is the safest and South Dakota is the most dangerous, according to the study. After D.C., the top 10 rounds out with California, Colorado, Maryland, Illinois, New Jersey, Oregon, Minnesota, Utah, and Washington. Tennessee is just outside the top 10, ranked the 12th safest state for teen drivers.

U.S. News examined states’ driving laws and road conditions, stats on teen driver fatalities and injury accidents, average vehicle miles traveled per capita, percentage of teen drivers with licenses and other factors.

Some sources indicate that graduated driver licensing (GDL), wherein young drivers do not earn full driving privileges until they have more driving experience and maturity, has the greatest impact in reducing teen driver accidents and fatalities. GDL programs reduce, by an average of 11 percent, the incidence of fatal crashes of 16-year-old drivers, according to researchers from the Johns Hopkins School of Medicine. http://www.jhsph.edu/publichealthnews/press_releases/2006/baker_gdl.html

GDL programs differ by state, but typically include a minimum age for obtaining a learner permit, a minimum number of hours of supervised driving, and restrictions on nighttime driving and carrying passengers.

Tennessee has three phases of licensing for teens under 18 years of age – learner permit, intermediate restricted license and intermediate unrestricted license (for more details, see http://www.tennessee.gov/safety/driverlicense/gdl.htm). The requirements and restrictions earned Tennessee a Good rating in an IIHS review of states’ GDL laws. http://www.iihs.org/laws/GraduatedLicenseStateLaws.aspx?StateAbbr=TN

But laws only go so far. Young drivers are more prone to engage in risky behavior, they have less experience behind the wheel and they’re more easily distracted. Parents must take responsibility for helping prepare and supervise their young driver. Edmunds.com has a great article with nice tips on doing that: http://www.edmunds.com/ownership/safety/articles/121328/article.html

Parents have to remember that they have the final say in how and when their teen will get a permit and drive. Regardless of what state laws require, driving privileges need to be given when your teen demonstrates the maturity to handle that privilege.

Ultimately, a parent wants to be sure they’ve done everything possible to keep their child from becoming an awful statistic.

Hurt in an accident, I’m here to help.

Get to know attorney Mitch Grissim.

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Nashville accident lawyer Mitch Grissim wants people to know his legal expertise is just a click away. The 27-year legal veteran has made a point of being easily accessible at his downtown office and now he’s launched a Website so people reach him from just about anywhere.

The site, AskMitchNow.com, features a powerful video at the top of the home page that sums up how Mitch helps his clients on “The Road to Recovery.” But the site goes beyond merely describing the personal injury, workers’ compensation, trucking accidents and other cases that Mitch can help with. Visitors can connect directly to his staff with unique Click to Call and Click to Chat buttons that are featured prominently on every page.

If you’ve got a question about an auto accident or a work injury you suffered, in one mouse click you can chat live with someone at Mitch Grissim & Associates or speak directly with one of his staff members by phone.
There’s also a button to email Mitch directly - and he receives every email coming from the site.

But that’s to be expected from Mitch, a Board Certified Civil Trial Specialist who personally oversees every case his firm handles. He strives to meet with every client, and he makes sure questions are answered by day’s end at the latest.

Mitch believes that people should have direct access to their lawyer when they need help.

Listen, I’m in the business of helping people. And when a client needs help, they need a lawyer and they need to pick up the phone and be able to talk to their lawyer… not a paralegal, not a secretary… they need to be able to talk to their lawyer. What exciting about my practice, is I’m in that office every day and my job in that office is to talk to new clients and answer questions and to deal with issues on existing cases. I have some very good lawyers; trained specialists, to try cases every day. My job is to be in the office and be accessible and that’s what I enjoy about my practice.

Now it’s easier than ever to get the answers you need from Mitch Grissim & Associates, the hometown lawyer who’s as close as your computer.

“After months of revamping, we have developed a website that’s the place to go for legal questions! Too often, you visit these car accident, personal injury or workers comp websites and are required to read through pages of blah, blah, blah, only to leave with your questions still unanswered. Through my law practice and this website, I am committed to the promise that everyone in Nashville and Middle Tennessee now has a place to get answers to your legal questions. Why is the Police Accident Report important? Does it matter who was at fault? If the insurance company is ready to pay for my property damage, is it ok to sign their paperwork? Is there a good chance we could pursue this without going to court?

The new site allows you to call me, email me a question, or chat live with our office, all at your convenience. Whatever you do, do not leave until you find the answers you need. And if I don’t know the answer, I have a lot of friends who are great lawyers, so I can refer you to somebody who’s an expert in his/her field of law. I know a lot about car accidents, personal injury laws, workers comp laws, and I know a lot about how to get stingy insurance companies to pay injury victims what they really deserve!”

To checkout Mitch’s new website or to contact him directly, please visit http://www.AskMitchNow.com

Get to know Nashville lawyer Mitch Grissim

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All days victims are rescued from shocking calamity they suffered while they were practicing some outdoor activitie or just hanging out on their vacations. Or perhaps they just were at the wrong place at the wrong moment and kept trapped at the middle of some scale 4 hurricane or tornado.

Rescue specialists utilize very sophisticated equipment: harnesses, ropes, ladders and other cools things like belts, shoes and more. They also use special vehicles like helicopters, boats and trucks.

The 5 most dramatic Extreme deliverances

These are 5 Extreme deliverances that have been recorded on video and show the [spin]dramatic sequence of the victims in danger and the assistance provided by rescuers until putting the victim in a safe place. It’s awesome what these rescuers do. They actually sacrifice their own lives to save others. But seeing someone back to the arms of their family is something that nothing on earth can provide.

Extreme Rescue at Mountain

These people were motocrossing on a mountain of Italy and they suffered an calamity. The interesting thing about this video is the care of the rescuers on how do they treat the victims. They have to be extremely careful because people can have broken bones or something and they don’t want to make things even worst of what they are.

Extreme rescue From Hurricane Wave

This shocking rescue took place on the last Hurricane Season in 2009. A large wave fueled by Hurricane Bill swept spectators out to sea at a Maine park Sunday. Coast Guard officials say 3 people were pulled from the waters near Acadia National Park.

Extreme deliverance After Earthquake Rescue at china

It’s difficult if not impossible to rescue victims right after an Earthquake has taken place. And that’s because quakes continue for many minutes and hours after the original came out. Rescuers have difficult to breath while they try to find people hidden below the rocks and buildings. But any rescue is like a miracle here. Chances of finding someone alive decreases by the minute and rescuers have to do their best.

Firefighters Rescue

Many times after a Fire Rescue the last victims inside a building are precisely the firefighters. On this video we see two firefighters trap in the basket. There are some problems with the ladder but they finally managed to run away from tragedy.

Extreme Rescue at the Grand Canyon

This helicopter first aid took place at the popular Grand Canyon where a girl broke her foot in three sections. Because of the location the rescue was very difficult to make and the victim had to wait until the specialists arrived and do their job with the right equipment.

So, if you guys ever have an accident like the ones above, or got trapped in some catastrophe, the one thing you should keep in mind is to stay calmed, not to move unnecessarily and wait until the help arrive.

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Are you trying to get an auto accident settlement? In this article we are going to look at 3 things you need to think about when settling from an accident.

If you have been hurt in an accident then you should get what you deserve, no matter who you are and what level of life you may come from. The auto accident settlement that you have coming is what you should get. You should not have to continue being a victim because of a reckless driver or because of some other accident causing you to become harmed.

Let us now talk about 3 things you need to think about when settling from an accident.

Number 1 - Was It Really The Other Person’s Fault?

If it has already been ruled that it was the other person’s fault then there is no reason to think about this but if it has not been you may want to consider this. Even if it is said that it was not the fault of the other person and you do not agree with this finding then you may consider having it looked at again.

Number 2 - Do You Need A Lawyer?

Once you know that it was the other person’s fault they may try to settle with you. They may offer you some quick cash. You may think that the option of quick cash sounds good but seriously, think about it a little bit longer… would you rather have a quick cash payment and then it be done with or would you rather get what you really have coming since you went through so much pain and suffering?

Number 3 - How Much Do You Deserve?

That leads us to the next question, how much do you deserve to get from the auto accident settlement? There are different factors that may decide this and you may need a lawyer to help you decide on what to do.

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Recently in Illinois, an infant was rushed to an emergency room by his parents for incessant crying and vomiting that prevented him from nursing. The emergency room physician diagnosed the infant with a gastrointestinal colic and sent the family home with instructions on how to cope with the colic. The next day, the infant suffered a painful death, due to a rare heart defect that the doctor could have discovered by ordering a standard chest x-ray. When the infant’s parents hired Chicago medical malpractice lawyers and sued both the hospital and the emergency room physician, a jury found both defendants liable for $2,250,000.

Multi-million dollar medical malpractice verdicts beg the question of how juries arrive at such numbers. What is the just measure of punishment for a doctor’s error that can adequately compensate the loss of grieving parents? Obviously no amount of money could ever compensate parents or make them whole after the loss of a child. Even if such a number could be reached, is it really fair to make doctors liable?

In every profession or line of work, people, even licensed professionals, make mistakes. Unfortunately for medical professionals, every day mistakes can lead to medical malpractice lawsuits involving unfathomable tragedies such as brain damage, birth injuries, quadriplegia, amputations, and death.

The Illinois legal system has guidelines for striking the most appropriate balance between protecting both patients and doctors through (1) restrictions on filing cases, (2) caps on certain types of damages, and (3) comparative negligence testing.

Filing an Illinois Medical Malpractice Lawsuit

An Illinois medical malpractice lawsuit, in most instances, needs to be filed within a 2 year statute of limitations period from the date that malpractice could have been reasonably discovered, but no more than 4 years from the date of treatment. This means that some patients are given a slightly extended period of time after medical treatment until they reasonably discover medical malpractice.

For instance, when a woman undergoes surgery to prevent future pregnancies and winds up pregnant three years later, she still has one year to file a lawsuit, because she could not have reasonably discovered the malpractice until she became pregnant three years after surgery. Despite the extension given for the discovery of malpractice, all cases are subject to a four year limitation. Thus, if the woman became pregnant 5 years later, she would no longer be able to file a medical malpractice lawsuit.

The Illinois medical malpractice statute of limitations exists to protect doctors against stale claims. As time passes, it becomes increasingly difficult to formulate a defense against acts committed in the past. Furthermore, the statute of limitations exists so that doctors are not forced to worry about their mistakes for an unlimited amount of time. The statute of limitations can be longer in cases involving minors or shorter against government entities.

Once it is established that a case satisfies the statute of limitations, a lawsuit can only be filed if a patient’s medical malpractice lawyer finds an expert who is willing to testify about a breach of standard care.

In every medical malpractice lawsuit, the overarching question is whether a doctor breached the standard of care in his or her field of practice. Standard care requirements are different for each area of medicine so medical malpractice expert witnesses must be doctors who practice in the area of medicine involved in a particular lawsuit. In order to show that there has been a breach of the standard care in a medical field, there must be an expert witness who is willing to testify for the plaintiff and say that the doctor in question failed to meet the standard of care requirements in the industry. Without expert testimony, medical malpractice cases cannot even be filed.

Chicago Malpractice Lawyer and Chicago Malpractice Lawyer