Medical Malpractice Attorneys in Geneva
We Represent Victims in DeKalb & Kane Counties Injured by Medical Professionals
When a doctor, healthcare professional, or institution violates the standard of care when treating a patient and it results in an injury or death, this is known as medical malpractice.
Malpractice claims can be difficult to pursue because doctors and insurance companies will fight them aggressively, but the legal team at Turner & Sackett Law Offices has been advocating for victims of medical malpractice since 1981.
Our Geneva medical malpractice lawyers are dedicated to providing individual attention to each and every client in our pursuit of the compensation they deserve.
If you or a loved one is the victim of medical malpractice, call us at (800) 653-0198 today. We offer free consultations.
We Handle All Types of Medical Malpractice Cases
The standard of care is the commonly accepted set of standards and practices that any medical professional would take when treating a patient with a similar issue. A number of variables come into play when evaluating standards of care, such as the patient’s age and the specifics of his or her condition.
To win a medical malpractice case, there must be substantial evidence that the medical professional’s negligence was the direct cause of injury or death.
Our personal injury attorneys have extensive experience handling most types of medical malpractice cases, including those involving:
- Hospital-borne infections
- Birth injuries
- Surgical mistakes
- Emergency room mistakes
- Medication mistakes
According to Illinois law, a patient can file a lawsuit up to two years from the date they knew or should have known about the injury but no later than four years from the date the negligence occurred, regardless of when the injured party was aware of the malpractice. This is done to balance protection of the injured parties and allowing medical professionals to effectively defend themselves while records and witnesses are still readily available. The only time the statute of limitations is extended is if the victim is a minor.
Damages awarded in medical malpractice cases are meant to cover losses such as:
- Medical bills and associated costs
- Lost wages due to missed workdays
- Pain and suffering
In Illinois, there are no caps on damages for medical bills or lost wages, but there can be on damages for pain and suffering. The courts use a number of factors to assign value to damages for pain and suffering due to their subjective nature, such as the nature of the injury and impairment of the ability to perform usual activities. In Illinois, patients cannot seek punitive damages in medical malpractice cases.
Contact us at (800) 653-0198 to schedule a free consultation with our medical malpractice lawyers in Geneva. We also proudly serve DeKalb and Kane counties.
What is the average settlement for a personal injury?
Because every personal injury claim is different, it is difficult to determine an average settlement. A victim who lost a limb will likely need to receive more in medical expenses than someone who broke an arm, for instance. This means that personal injury claims tend to average anywhere between $3000 to $75,000—an extremely broad range. An attorney can help you estimate your unique losses based on the facts of your case. You should be entitled to make up for your specific losses at the very least.
What evidence is needed for a personal injury claim?
Necessary evidence can vary case by case depending on the specifics of your situation. However, one of the most helpful pieces of evidence is your medical records. If you can prove that you sought medical attention for a serious injury after an accident, you are more likely to receive compensation to cover the expenses associated with said injury. Other helpful evidence includes any photographs of the accident scene, accident reports, witness statements, insurance forms, receipts, and any other physical evidence related to the injury.
What is the personal injury statute of limitations in Illinois?
Under state law, the statute of limitations (or deadline) for most personal injury claims in Illinois is two years from the date of the accident. However, for claims against governmental agencies, there are special limitation periods that may be as short as a year. You should always consult with an attorney on what particular limitations period might apply to your claim. You should seek legal help immediately, as a delay may be fatal to your claim. Unless you have a special exception, your claim will be thrown out if you attempt to file after the limitations period has passed.
Because every personal injury claim is different, it is difficult to determine an average settlement. A victim who lost a limb will likely need to receive more in medical expenses than someone who broke an arm, for instance. Although personal injury claims tend to average anywhere between $3000 to $75,000—an extremely broad range—there may be significant economic and noneconomic factors in your individual case that may indicate that your particular claim would be valued at a significantly higher figure at trial in front of a jury. An attorney can help you estimate your unique losses based on the facts of your case. The knowledge of an attorney experienced in jury verdict value is extremely important. You should be entitled to make up for your specific losses at the very least.
What qualifies as a personal injury?
A personal injury generally refers to any bodily injury sustained in an accident, from minor bruises to severe brain trauma. The most common personal injury claims arise from harm sustained from traffic wrecks, slip and fall accidents, defective products, dangerous property conditions, and medical malpractice.