Construction cases in Illinois have become a lot more difficult to prove at trial after the Illinois Structural Work Act was repealed in 1995. In light of the complicated nature of these claims and the fact that claims are now brought under various theories and principles including common law negligence and sections 343, 343(A), and 414 of the Restatement (Second) of Torts, it is extremely important that your attorney is educated in how to tailor your claim. The duty that exists relative to the various companies and personnel on a job site is crucial to how the attorney will frame your claim in the complaint at law. If your attorney is not well versed in this area of law, you may find that your case is dismissed pursuant to a motion for summary judgement because the right theory was not put forth in your pleadings.
It is also very important for your attorney to fully investigate your workers’ compensation claim because often times you may not realize that you have not only a claim pursuant to the Workers’ Compensation laws, but you also have a third-party claim stemming from the same accident. The third-party claim is often far more valuable than your workers’ compensation claim. Therefore, it is crucial that you hire an attorney that is educated in the different claims that may arise from the same accident. Our firm is thoroughly prepared to analyze your claims and make sure that all your legal rights are protected.
Finally, it is very important for your attorneys to be well versed in medicine in order to make sure that they are arguing the right damages and seeking the appropriate level of recovery. We have been involved in numerous circumstances where clients have come to us after speaking to other attorneys who have failed to understand or recognize the significance of certain medical findings. If this occurs in your case, you may recover far less money than you are entitled to and may even learn after settlement, that you need future treatment that was not contemplated before the settlement. It is imperative that your attorney be sophisticated in their understanding of the medicine because they will be dealing with doctors and will have to be educated in the type of inquiry that will fully demonstrate the extent of their client’s injury. The physicians often do not have the time to try to educate a lawyer that is not highly skilled in these matters. Further, the information obtained from the doctors is often only as good as the questions asked by the lawyer. Doctors are in a different line of work then your lawyer and do not think the same way as a lawyer regarding what evidence is needed to prove your case. Therefore, a lawyer sophisticated in the medicine will more fully explore your injury and obtain the intricacies of the medicine that a jury will need to hear during a jury trial. Our firm is highly qualified in these types of claims and medicine.