When faced with a lawsuit for compensation arising out of an accident, the defense teams for many corporations and insurers are often primarily concerned with protecting profits. They may try to bury victims in mountains of paper and drag out the proceedings. Meanwhile, as an injured person, you may desperately need money to cover the rising costs of medical procedures, as well as wage loss, household services, and other expenses. It is important to have an attorney on your side. At Moll Law Group, our experienced personal injury attorneys can help Naperville residents seek compensation through the legal process.
To recover compensation for injuries caused by toys, food, auto parts, medical devices, or pharmaceuticals, you will need to establish that the product was defective in one of three ways: marketing, design, or manufacturing. In Illinois, manufacturers may be held strictly liable for any of these defects if they are the proximate cause of an injury to the plaintiff. However, manufacturers have a number of defenses that they may try to use to avoid paying compensation to a plaintiff.
Sometimes a defendant tries to negate an element of the plaintiff's claim. This may involve putting forward an expert who says that the product is not defective or that the defect is not the cause of the plaintiff's injuries. For example, in a dangerous pharmaceuticals case, a drug manufacturer may claim that a plaintiff's existing medical condition was to blame for the particular injuries suffered, rather than the drug being used. This makes it particularly important to enlist a skilled personal injury attorney who can introduce persuasive expert testimony on your behalf.
Another common strategy is for the manufacturer to argue that the product was misused. This applies if a product was used for a purpose that a reasonably prudent manufacturer would not intend or foresee. The test for whether it was a foreseeable use is an objective one. A product manufacturer has a duty to provide a product that is safe for foreseeable misuses as well as the uses for which it intends the product.
Not all mistakes are considered malpractice. In order to establish medical malpractice, we will need to show that the mistake was a deviation from the accepted standards and practices of the medical community and that this deviation was the legal cause of the plaintiff's injuries. Standards and practices may vary depending on the defendant’s area of specialty as well as the patient's age and medical history.
The Illinois Nursing Home Care Act permits nursing home residents and their families to bring lawsuits to seek compensation in cases of abuse or neglect. A plaintiff who successfully establishes a claim under the Act may be entitled to compensation, injunctions, and attorneys' fees and costs.
If you were injured by a dangerous condition on someone else's property, we may be able to bring a premises liability lawsuit on your behalf. Property owners are required to inspect their property for unsafe conditions that could cause injuries to lawful visitors. They owe a duty to make repairs and provide warnings about dangers of which they know or reasonably should know.
While operating a car or another motor vehicle, drivers are expected to use reasonable care. Many car accidents are preventable. If you were injured by a driver whose failure to use reasonable care caused an accident, our firm may be able to file a lawsuit for compensation on your behalf. Available types of compensation may include your medical costs, pain and suffering, lost wages, and other economic and noneconomic losses sustained as a result of the accident.
Exposure to hazardous substances on the job or in your neighborhood may result in a serious illness. In many cases, years pass before symptoms of the illness develop. In Illinois, you may be able to bring a toxic or environmental tort lawsuit against a corporation or another entity whose negligence or failure to abide by statutory regulations resulted in an illness caused by your exposure to the toxic substance.
If you have been injured due to corporate negligence or misconduct, you may have grounds to bring a lawsuit. People who have been hurt in an accident in Naperville can contact the personal injury lawyers at Moll Law Group for legal representation. Billions of dollars have been recovered in cases in which we have been involved. Call us at 312-462-1700 or complete our online form to set up a free consultation with a personal injury or product liability attorney.