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Category: Strict Liability

Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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What To Do If You Suffer a Dog Bite Attack

In many cases, when a dog bite attack occurs, the dog’s owner is likely held responsible. But it is not always the case. It is always important to get the circumstances of the incident documented to establish the facts of the case. Establishing the facts surrounding the incident, however, is not always top of mind when it occurs.

Typically, emotions are heightened. Many of the steps you should take to support a strong claim for personal injury damages are neglected, and it becomes increasingly more difficult to prove your case. Here are some essential steps individuals should take when suffering a dog bite:

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Dog Bite Statute of Limitations in Illinois

In every state there are laws governing the length of time a claimant has to file a personal injury case. The “Statute of Limitations,” as it is called, essentially puts a time limit on your personal injury law suit. In some cases, depending upon the kind of claim in question, time limits on filing a claim differ.

In the State of Illinois, where this statute applies to dog bite attacks, the time limit is the same as those for any other personal injury case. Statute 735 Illinois Compiled Statutes section 5/13-202 states:

"Actions for damages for an injury to the person…shall be commenced within two years next after the cause of action accrued”

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Duty of Care and Personal Injury

Negligence is a basis for many successful personal injury claims and when negligence is proven, what the defendant did or didn’t do to constitute it often hinges on what is called a “duty of reasonable care.”

What is a duty of reasonable care? That can be a tricky nut to crack. Often, definitions of negligence differ from circumstance to circumstance based on conditions, relationships of individuals involved. So it is often necessary to contact an experienced personal injury attorney when you have a question about liability or fault in an accident.

For instance, a man walks into a home that is being remodeled and clearly marked as a construction site to inquire about a contractor’s services or a job with the contracting company or any innocuous question about the residence. When he knocks on the door there is no answer. He finds no one in the foyer, yet he enters further and calls out to find anyone who might be around. In the process he knocks over a scaffold, injuring himself in the process. Is he likely to receive a personal injury claim as a result? The answer is likely not. The man entered a clearly marked construction site without authorization. He took no precaution in wearing a hard hat or reasonable care when in the space and as such, his own actions constituted negligence.

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Damages An Insurer Must Pay in Accident Cases

In car accident cases, insurers are responsible for covering a wide assortment of damages for which their client is liable. When a person is injured due to neglect, those damages can add up quickly. Among the list of damages insurers are often responsible for are: medical care and related treatment expenses; lost income resulting from the accident or time spent recuperating; any permanent physical disability or disfigurement; loss of social, consortium, missed school, training, vacation and special events; emotional damages (stress, depression, strains on relationships); and damage to property.

As you can see, many of these kinds of damages can mount to a significant award. But insurers are often compelled to limit those damages. Despite the requirement to cover the array of damages for which their client is responsible, insurers take great pains to pay as little as possible. That’s all the more reason it’s important to be represented by a practiced personal injury attorney who can negotiate on your behalf.

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