Common Questions of Illinois Truck Accident Victims
After a serious accident or injury, it can be difficult to even know where to begin picking up the pieces of your life. It’s natural to have many questions and concerns. The experienced attorneys at the Shannon Law Group have prepared answers to these common worries to help you and your family get started on the road to recovery.
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How Long Do I Have to File a Mesothelioma Claim?
Most personal injury cases have specific timeframes during which an injured person can file a legal claim. Statutes of limitation exist to prevent the threat of litigation after a reasonable amount of time. These statutes can vary depending on the state and the nature of the case.
For those diagnosed with mesothelioma, the timeline can be confusing, as symptoms of the disease and diagnosis often come many years or even decades after the asbestos exposure. Here’s what Illinois mesothelioma victims need to know about filing a legal claim.
Mesothelioma Statutes of Limitations for Illinois Victims
Typically, injury victims must file a legal claim against those responsible for their injuries within a set timeframe. That clock usually starts ticking when the initial incident occurs. A car accident victim’s time would begin on the day of the accident, for example. With mesothelioma, however, it does take time for symptoms to develop, and it is a notoriously difficult diagnosis. As a result, states have made specific rules for mesothelioma victims, in particular, allowing victims’ statutes of limitations that begin at diagnosis and range from one to six years. In Illinois, the statute of limitations is two years. Additionally, surviving family members who wish to pursue a wrongful death case have two years from the date of death.
Given that mesothelioma cases are often based on events that occurred many years prior, there can be some confusion about which statutes are the most relevant. They can be affected by:
- Victim’s current place of residence.
- Victim’s previous place of residence.
- Location where exposure occurred.
- Location of the business or entity responsible for exposure.
An experienced attorney can help mesothelioma victims understand their rights and help them pursue a claim in the most appropriate arena.
Do I Have Enough Time to File a Claim?
For those in Illinois, two years may seem like plenty of time. However, there are many legal actions that must be taken. It can take time to gather evidence, interview witnesses, and prepare and file documents. This can be especially true for those diagnosed with mesothelioma who are not entirely sure where their asbestos exposure occurred or who have little evidence to support their claims. These obstacles can be addressed by an attorney, though it is best to get started as soon as possible.
If you or someone you love has been diagnosed with mesothelioma, don’t wait to reach out to an experienced attorney. At Shannon Law Group, P.C., our tenacious legal team is ready to stand up and get the compensation you deserve. Take a moment to fill out our online contact form today, and you’ll receive a prompt response from a member of our team who can schedule a free, no-obligation consultation.
What Should I Do If I Have Been Diagnosed with Mesothelioma?
For most people, the news of a mesothelioma diagnosis is overwhelming. It is an aggressive and invasive disease that is often difficult to diagnose. You may have many questions and concerns for your family. You may not what to do or where to even begin.
At Shannon Law Group, P.C., our attorneys understand what a scary and trying time this can be. Here, we share some helpful information about what you can do to protect yourself and your loved ones.
- Confirm your diagnosis. Mesothelioma can be difficult to diagnose. While some people are already aware of their exposure risks, others are not—and the news can be a shock. Seeking a second opinion can help ensure the proper, accurate diagnosis.
- Decide on a treatment plan. Every mesothelioma diagnosis is as different as the individual patient. With your doctors, craft a treatment plan that will work best for you and your family. Options range from minimal intervention to invasive treatments and new clinical trials.
- Gather any information you may have on your asbestos exposure. Mesothelioma is caused by asbestos exposure. If you are aware you have been exposed, gather any supporting documents or photos that may help prove when and where your exposure occurred. If the diagnosis is surprising, you may not have that information. Simply begin to think about the types of jobs and products you have used in the past that may have led to your disease. Even if you aren’t sure, you still have options.
- Contact an experienced mesothelioma attorney. While it can be difficult to think about a legal battle during such a difficult time, an effective attorney can help ease the burden on your family. Medical treatment is expensive, and many of these cases are the result of the negligence of an employer or landlord who allowed an asbestos exposure. A lawyer can help investigate and prove your asbestos exposure. Then, he will fight for the justice you deserve and the compensation that can ensure your medical care and provide for your family in the future.
At Shannon Law Group, P.C., our attorneys want to help you and your family focus on what’s important. While you undergo your treatment and focus on your health, our legal team can fight to obtain the compensation you deserve. Call our Chicagoland office today at 312-578-9501 to learn more about how we may be able to help.
What can I do if my child has suffered a vaccine injury?
Few parenting issues have gained as much attention in recent years as vaccines. While doctors and the U.S. Centers for Disease Control and Prevention (CDC) continue to recommend these injections, many parents have serious concerns about the safety of vaccines for their children. Though negative side effects are rare, they do occur, and they can cause lasting effects on a family.
If you’ve made the difficult decision to vaccinate your child and she has experienced a vaccine injury, you do have recourse. Through the National Vaccine Injury Compensation Program (VICP), parents can file a claim to obtain compensation to help their child. In fact, the program was started after concerns that the common childhood diphtheria, tetanus, pertussis (DTaP) vaccine was causing significant injuries to kids.
Federal Mandates Regulate Childhood Vaccines
Amid those news reports about possible dangers of DTaP vaccines, the federal government offered a set of mandates regarding all childhood immunizations. In part, it commits the government agencies involved with vaccines to continually improve the safety of childhood vaccines and to enhance the reporting of adverse events, as well as the recall of any lots that may be unsafe. Additionally, it acted as the impetus for the VICP. These give parents options when a child is injured by a vaccine.
Reporting an Adverse Reaction and Filing a Claim
If you suspect your child has suffered an adverse reaction, it is important to secure the help they need to recover as fully as possible. Parents should:
- Seek medical treatment. Call your doctor to discuss any reactions or development of illness as soon as possible. Earlier treatment can lead to better outcomes. Also, documentation of medical treatment is necessary to pursue a claim.
- File a report with the Vaccine Adverse Event Reporting System (VAERS). This is the national database for negative reactions to vaccines. While it is not an entirely comprehensive view of vaccine injury, it is a useful tool in understanding these events.
- Call a vaccine injury lawyer to make a VICP claim. While the VICP states that legal representation is not mandatory, seeking compensation is a legal process, and the outcome can have a significant impact on your child’s future. Recently, a Stanford researcher investigating the system noted that victims “need counsel—and often highly specialized legal help—to have any chance at successfully resolving their claims.” Through the VICP, it is possible to obtain compensation for medical bills, rehabilitation, pain and suffering, and more.
Your child’s health is important. When your careful efforts to protect them are met with serious and long-lasting negative consequences, you can take action. Call the vaccine injury lawyers at Shannon Law Group, P.C., to learn more about your options.
What is the National Vaccine Injury Compensation Program, and how does it work?
Vaccines in some form have existed for hundreds of years. Over time, many people have avoided serious and debilitating disease by taking advantage of the immunity a vaccine can provide. As technology advanced and more and more vaccines were introduced to the public, however, concerns also began to grow about the safety of these immunizations. In the 1980s, those concerns prompted some parents of children who had suffered injuries after a vaccination to file lawsuits against medical providers and vaccine makers. This caused the slowing of vaccine production, and new worries about vaccine shortages plagued the government.
In response, the National Vaccine Injury Compensation Program (VICP) was created to protect those who suffer injuries while still encouraging the production and wide use of vaccines.
The VICP is a Federal Compensation Program for Vaccine Injury VictimsThe VICP is no-fault administered by the federal government that provides compensation to those who have suffered injuries because
of a vaccine. The purpose of the program is three-fold:
- To ensure the continued production and adequate supply of vaccines.
- To stabilize vaccine costs.
- To maintain an effective means for those injured by vaccines to obtain compensation.
This compensation is meant to provide medical care, replace lost wages, atone for pain and suffering, and more. The program is jointly managed by the U.S. Department of Health and Human Services (HHS), Department of Justice (DOJ), and Court of Federal Claims, with the court deciding who is eligible to receive compensation. Victims are paid from a special fund to the government, which is garnered by an excise tax on each vaccine.
How to Obtain Compensation Through the VICP
To obtain this compensation, victims must file a legal petition with the Court of Federal Claims. This petition, accompanied by pertinent medical records, other evidence, and a $400 filing fee is sent to the court to begin the process. The VICP handbook notes that while a lawyer is not required, this process is a legal endeavor. Additionally, when “certain minimal requirements” are met, the VICP does pay attorney fees and other legal costs on behalf of the victim.
After the petition is filed, it is reviewed by both HHS and DOJ. The DOJ develops a report, which is then sent to a special master. Often, a hearing is held before the special master, who then decides whether or not compensation is warranted. If the claim is denied, it is possible to make an appeal.
Types of Immunizations Covered by the VICP
The VICP offers a table of the vaccines that are currently covered under the program and the complication associated with them. The vaccines are:
- Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT).
- Haemophilus influenza type B (Hib).
- Hepatitis A (HAV).
- Hepatitis B (HBV).
- Human papillomavirus (HPV).
- Influenza (TIV, LAIV) [given each year].
- Measles, mumps, rubella (MMR, MR, M, R).
- Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C).
- Polio (OPV or IPV).
- Pneumococcal conjugate (PCV).
- Rotavirus (RV).
- Varicella (VZV).
- Any combination of the vaccines above.
It is possible to receive compensation for a vaccine or injury not listed on the table, though the victim and his attorney do bear a large burden of proof that the vaccine is responsible for the injury.
We Represent Victims From All 50 States
Since the program began in 1988, over $3.5 billion has been paid to victims to help ease their burdens and promote as full a recovery as possible. If you or someone you love as suffered a vaccine injury, you may be eligible for compensation. Call the experienced injury attorneys at Shannon Law Group, P.C. Our dedicated legal team can answer your questions and schedule a free, no-obligation consultation.
No Matter Where You Live, We Can Help
Can I Receive Compensation After a Truck Accident?
Accident victims face many difficulties after a crash on the road. Physical injuries, emotional trauma, damaged property, and more can create a very stressful situation. In addition, many victims face extreme financial pressure, as they are forced to miss work due to their injuries. Medical bills and the costs of daily life begin to add up quickly.
To make sure that victims do not have to suffer undue hardship because of someone else’s careless behavior, the law allows accident victims to seek justice and compensation by pursuing a legal claim against those responsible.
Illinois Law Allows Accident Victims to Pursue Compensation
In Illinois, accident victims may be entitled to compensation to cover a variety of losses. Some are easily quantifiable, while other may be subject to the discretion of the courts. Victims may receive money for:
- Medical bills
- Lost wages
- Future medical bills
- Future lost wages
- Emotional stress
- Pain and suffering
The court or insurance representatives will examine each area to determine if the victim is eligible for that type of compensation. This money can be available to all victims, not just those who are considered the main source of income for a household. For example, a person who provides essential childcare duties can also receive compensation to cover those costs while he or she is injured and recovering.
Every case is unique, however, and an experienced truck accident attorney can help victims both understand their rights and prepare a complete picture of their losses to obtain the maximum amount of compensation. Typically, these cases involve negotiations with insurance companies or can even require court trials.
During this difficult time, victims should not have to worry about whether or not they will be able to provide for themselves and their families both now and in the future. If you or someone you love has suffered injuries in a truck accident, the experienced attorneys at the Shannon Law Group, P.C., may be able to help. Call our Chicago office today to learn more about our legal team and how we have fought to protect the rights of serious accident victims just like you.
Who can be held responsible for my truck accident?
After a truck accident has left you or someone you love with serious injuries, it is natural to feel upset or even angry. Victims may want to hold the person responsible accountable for what has happened—both to find closure and help prevent another family from experiencing similar pain. Additionally, victims are often left facing painful physical and emotional recoveries that prevent them from working. Bills continue to pile up from the medical care associated with the accident and from regular daily life. It can be difficult to keep up, and the financial stress only adds to the trauma of the accident.
Victims want to seek justice and compensation, but they may be unsure of where to turn or even who is responsible for their injuries. In cases involving commercial trucks, the answer can be complicated. However, the most common parties involved include:
- The truck driver. Drivers who are speeding, tired, distracted, or impaired frequently cause these dangerous accidents. Victims may be able to file a claim against the driver directly.
- The trucking company. The company who owns the truck and employs the driver can also behave in a negligent manner. If they fail to perform due diligence when they hire or train drivers and inspect and maintain vehicles, they may be held responsible. Additionally, there have been cases in which companies have pressured their drivers to ignore federal mandates to deliver their load more quickly. This behavior is both irresponsible and against the law.
- Cargo companies. Commercial trucks commonly haul very heavy loads. If this cargo is not properly loaded, it can shift during travel. Cargo can also fall off trucks if not secured appropriately. When that happens, it can be difficult for the driver to anticipate and control the vehicle, which can cause accidents. If the cargo company did not follow proper procedures to ensure the stability of the load, they may be held responsible.
- The truck manufacturer. Companies that manufacture vehicles have a duty to the public to ensure that their products are safe. When a manufacturer fails in that duty, it can be held accountable. Whether it is defective parts or simply a poor design, when a truck experiences a mechanical malfunction, even the most responsible and experienced driver may not be able to prevent an accident.
Determining Responsibility After an Illinois Truck Accident
Directly after an accident, it can be difficult to know just who is to blame. It is important to gather as much evidence as possible to create a clear picture of how exactly the accident occurred. An experienced truck accident attorney can help victims learn more about what evidence is necessary and help them obtain that evidence. Often, the responsible parties and their insurance companies will attempt to shift as much of the blame as possible—to other parties or even the victim. So, it is vital to get to work as soon as possible.
If you or someone you love has suffered injuries in a truck accident, take a moment to fill out our online contact form today, and the dedicated attorneys at the Shannon Law Group, P.C., will get back to you promptly. We can answer your questions and help you get started protecting your future and your family.
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