Whether in Champaign Urbana or across Illinois, the Champaign Accident Lawyers at Holder Law Group know that we have a certain expectation that when we buy a car or any type of vehicle, it is safe to drive. However, sometimes due to manufacturer oversights or new research, the car, as it was made, has some defective part that may cause accidents or further injury in the case of accidents. Auto accidents due to defective parts and parts that have been recalled by the manufacturer are common on the interstate highways crossing Champaign County Illinois. Obviously, if a manufacturer fails to recognize defective parts and dangerous conditions in the automobile in time, it opens them to lawsuits, but what if they know and have already sent out recall notices? Our Champaign Urbana accident attorneys are constantly asked what impact a recall notice has on an accident suit.
Across Illinois and the country as a whole, product recall notices are sent to consumers with dangerous products by the manufacturers every day. Take, for example, two separate and likely situations of how a recall can impact an accident lawsuit in Champaign Illinois. The first situation involves a driver who receives a recall notice and immediately makes an appointment with the dealership to have it replaced. The second situation is a driver who gets the recall notice, and then promptly tosses it in the trash.
The next day, both drivers get into accidents as a result from the defect, but what happens? While they can recover damages from other drivers whose negligence might have been involved, can they also pursue a claim against the manufacturer under Illinois Law? These questions are difficult and underline why you need an experienced Champaign auto accident lawyer like Holder Law Group to assist your claim.
This is a tricky situation. Illinois law recognizes contributory negligence, which means if the driver was more than 50 percent responsible for the accident, they cannot be awarded damages. This will be a decision for the Jury. In this case, the first driver who made an appointment with the dealership made the effort to get the defect fixed, which shows a much lower percentage of contributory negligence. However, the second driver shows a higher percentage because they chose to ignore recall notice and driver a dangerous car. Ultimately, both of these situations will need to be proven to the Jury which is difficult in both cases.
If you were in an auto accident in Champaign Urbana or across Illinois, and believe your injuries are the result of a defect or from the negligence of others, contact us today. If it has been several months after the recall notice, you may not be able to pursue the manufacturer, but you may still be able to recover some damages.
One of the Most Common Questions in Personal Injury Litigation is, "When will I get paid?" Here is what to keep in mind.
One of the most common question I hear in representing injured clients in Champaign Urbana and across Illinois is, "how long will it take to get paid." The truth is, they can be short or long depending on how much investigation, negotiation, and litigation is required. While there is no set way to predict how long a mass tort case will take, there are a few factors that can help you estimate.
What Lengthens an injury claim?
The length of an injury or auto accident claim often isn't so much affected by litigation so much as it is affected by gathering evidence for the claim. The more evidence you have, the stronger your claim will be. However, the more evidence there is, the longer it will take to gather and analyze.
Factors that will lengthen a mass tort or personal injury claim include:
At the end of the day it is worth noting that Holder Law Group, like many other plaintiffs law firms, work on a contingency fee basis which means that we advance all the costs of litigation and only recover if we win. This being the case, we have every motivation to resolves cases as quickly as possible.
Are you considering pursuing a personal injury claim in Illinois? Then come talk to us. Holder Law Group knows how long and frustrating any tort case can be, but if you believe you have a claim, you shouldn't just let it go.
We have heard the story before. A car accident happens and there is little damage to either of the vehicles. What's more, after the accident, the driver of the car that was not at-fault declines to go to the emergency room because her or she feels okay at the time. Then, days, weeks, or even months later, the accident victim begins to develop headaches, soreness, and pain. It is called a soft tissue injury and it happens every day across Central Illinois and Champaign County.
Whiplash injuries can be serious injuries that are frequently caused when an automobile is struck from behind. Whiplash is a neck injury that can occur during rear-end automobile collisions, when your head suddenly moves backward and then forward. These extreme motions push your neck muscles and ligaments beyond their normal range of motion.
Common Misconception About Whiplash Injury
A common misconception about whiplash injury is that if the vehicle does not sustain damage in a low speed impact, then whiplash injury to the occupant does not occur.
In reality, low impact collisions can produce correspondingly higher dynamic loading on the occupants because the lack of crushing metal to absorb the forces results in a greater force applied to items or occupants within the vehicle
Whiplash is an injury to the cervical region of the spine when a great force causes the neck to go beyond its normal range of motion. The spinal vertebrae, ligaments, and muscles may be injured by this force, causing neck pain, headaches, neck stiffness, and/or cognitive difficulties such as dizziness or trouble concentrating. These symptoms may appear immediately or after a few days.
Cognitive and higher center dysfunction. In some instances, whiplash may affect the patient's mental functioning, possibly leading to difficulties concentrating, as just one example.
Faulty movement patterns. It is believed that the nervous system may change the way in which it controls the coordinated function of muscles as a result of a barrage of intense pain signals from the whiplash injury.
Chronic pain. While often resulting in minor muscle sprains and strains that heal with time, more severe whiplash injuries may produce neck pain and other symptoms that are persistent and long-lasting (chronic).
Disc herniation. A whiplash accident may injure the discs between the vertebrae, lead to small tears and cause the inner core of the disc to extrude through its outer core. If the disc's inner core comes in contact with and irritates a nearby spinal nerve root, a herniated disc occurs, with symptoms possibly including sharp, shooting pain down the arm and even neurological symptoms like numbness, tingling and muscle weakness.
Joint dysfunction. As a result of the whiplash, one of the joints in the spine or limbs may lose its normal resiliency and shock absorption (referred to as the joint play), possibly leading to restricted range of movement and pain.
Additional information Regarding Whiplash Injuries
How well do you know your automobile insurance policy??
One of my first cases as a young attorney involved a tragic automobile accident where I represented the estate of a University of Illinois student from China, who had perished in an automobile collision. The other 4 people in the car survived with massive injuries, including a girl with a fractured pelvis. This was a hit and run and the later detained defendant did not have insurance and was out on parole for previous felonies. There was a $100,000.00 under insured motorist policy to be split 5 ways. I found myself, through a translator, attempting to explain to the Chinese parents of this young girl, who was their only child, that they would recover very little monetarily as a result of their daughter's death. I was pregnant with my own daughter at the time and have since learned two things. First, as an attorney who works in personal injury, no matter how much you attempt to disconnect emotionally, there are cases that will haunt you every day throughout the litigation process and long after its conclusion. Second, I learned how crucial it is to have good automobile insurance coverage.
When purchasing automobile coverage, we tend to focus on liability coverage, which means how much coverage a person has if they injure another person or person's property. The state minimum for automobile coverage in Illinois is grossly insufficient as it requires a person to only have $25,000.00 per person and $50,000.00 per incident of coverage. This means, that if there are multiple people in the car, the maximum amount that can be recovered by all injured people combined is $50,000.00 Rarely do we ask, what happens if I am injured? Because we cannot control the amount of insurance that drivers whom we share the roadways with may (or may not) have, there are ways to protect yourself.
Uninsured motorist coverage protects you directly. This coverage pays if you are injured by a hit-and-run driver or a driver who does not have auto liability insurance. This coverage, in effect, takes the place of the liability insurance that the other driver should have purchased but did not. Underinsured motorist coverage applies when the other driver is at fault and whose limits of liability are lower than the damages you sustained. Your underinsured motorist coverage will pay you an additional amount up to your policy limits. In Illinois, your underinsured/uninsured policy limits are equal to your liability insurance.
Taking into account that a trip to the emergency room can easily cost $15,000.00 if you have to have complex imaging, it is important to be properly insured. I am not an insurance salesperson, but as a lawyer who has worked with countless automobile policies and recoveries for my clients, I have gained a bit of knowledge in the area. I strongly urge everyone out there to get a substantial Umbrellas insurance policy coverage plan.
A personal umbrella policy is a type of insurance that provides liability coverage over and above your automobile or homeowners policy. It can also provide additional coverage for your own injuries resulting from an under insured or uninsured driver in a collision. Usually, the amount of money to include this type of coverage is ever so minimal compared to the value it has if you are in a serious accident. Call your insurance agent or company today if you don't have this coverage or are unsure of what sort of coverage you have.