Heller Trahktman & AssociatesHeller Trahktman & Associates2025-03-31T12:50:40Zhttps://www.thellerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203416/2023/02/hellerlogofevicon-1-75x75.pngOn Behalf of Heller Trakhtman & Associates<![CDATA[Who is at Fault for Product Liability in Illinois]]>https://www.thellerlaw.com/?p=462972023-02-09T14:31:34Z2022-12-30T13:22:56ZGet Help With Your Case Today. Free and Confidential.
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What is Product Liability?
In Illinois, the law states that any person or company that “manufactures, assembles, installs, sells, distributes, or supplies a product” can be held liable for any injuries or property damage caused by that product. In Illinois, it is the responsibility of the manufacturer, distributor, or seller of the product to ensure that their product is safe and free from defects. If a product is found to be defective, the manufacturer, distributor, or seller of that product may be held responsible for any injuries or property damage caused by the defect. This is true even if the manufacturer, distributor, or seller did not know about the defect at the time of sale.
Can the Manufacturer be at Fault?
In some cases with the state of Illinois, the manufacturer of a product may also be held liable for any injuries or property damage caused by a defect even if the defect was not caused by the manufacturer’s negligence. This may be the case if the manufacturer knew or should have known about the defect but failed to take appropriate steps to correct it.
In addition to the manufacturer, other parties may also be held liable for product liability in Illinois. This includes suppliers, distributors, retailers, and even the designers of the product. Any of these parties may be held liable if they failed to exercise reasonable care in making sure that the product was safe and free from defects.
Are you Looking for an Attorney to Help with a Product Liability Lawsuit?
Ultimately, it is important to remember that product liability in Illinois is a complex legal matter. If you have been injured or have suffered property damage due to a defective product, you should reach out to our team at Heller, Trakhtman & Associates. We have over 75 years of experience in the state of Illinois and are equipped to handle any case under product liability. You can click here today to schedule a free consultation. Otherwise you can give us a call at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].
You can also check out our other practice areas if you are in need of any other legal situations.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[Illinois Truck Accident – Who is Liable]]>https://www.thellerlaw.com/?p=462982023-01-27T14:18:40Z2022-12-16T13:28:42ZGet Help With Your Case Today. Free and Confidential.
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Who is Liable for a Truck Accident in Illinois?
If you have been involved in an accident involving a truck in Illinois, you may be wondering who is liable for the damages. This is an important question, as it can have a major impact on the amount of compensation you receive for your injuries and other losses. Determining who is liable for the truck accident can be determined by multiple factors. The factors can be from if the other driver was at fault, trucking company, or even the truck manufacturer.
First, the driver of the truck may be liable for any damages caused by the accident. Under Illinois law, the driver is responsible for operating the vehicle in a safe and prudent manner. If the driver was negligent in any way, then they may be liable for the resulting damages. This includes any injuries or property damages caused by the accident.
The trucking company may also be liable for the accident. The company is responsible for ensuring that the truck is properly maintained and that the driver is properly trained and qualified to operate it. If the trucking company failed to do so, then they may be held liable for any resulting damages.
Lastly, the truck manufacturer may be liable for the accident. If the truck was defective in any way, then the manufacturer may be held liable for any resulting damages. This includes any injury or property damage caused by the defect.
Should you Hire an Attorney?
The following statements are reasons why you may want to hire an attorney to represent your truck accident case if it was the other driver’s fault, the trucking company, or the truck manufacturer. Our team Heller, Trakhtman & Associates are prepared to help you. With over 75 years of combined experience our team is ready to help your case in Cook and Lake Counties, in addition to Southeastern Wisconsin. Click here today for your free consultation! Otherwise you can call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]>On Behalf of Heller Trakhtman & Associates<![CDATA[When to Hire an Attorney After a Personal Injury in Illinois]]>https://www.thellerlaw.com/?p=462992023-02-09T14:31:47Z2022-11-30T13:32:57Zpersonal injury is the first step. Within the state of Illinois there are many different types of personal injury and how they are categorized. Throughout this article we will cover what those injuries fall under and when you can get an attorney for your personal injury case in the state of Illinois.
Get Help With Your Case Today. Free and Confidential.
The four categories are Accidents, Intentional Acts, Defective Products, and Defamation. Each category has different parameters for what the injury falls under. Such as for Accidents it can be filed as a personal injury lawsuit and can include car accidents, slips and falls, medical malpractice and much more. For Intentional Acts it can be covered under intentional conduct that has led to the injury or harm of another individual. An example of this can be assault or battery. Next is Defective Products, where broken and faulty products have caused a personal injury. With this form of personal injury product liability involves a lawsuit against a manufacturer or seller. Lastly there is Defamation, this is where someone has made an untrue statement about you that has caused harm. This is another category that is under personal injury in the state of Illinois.
When to File a Personal Injury Lawsuit
Within Illinois a personal injury lawsuit may be filed within two years of when the injury took place. However some cases will allow you to file a lawsuit within two years of discovery or become aware of the injury, this is called the discovery date. If the personal injury case is against a city or county in Illinois, there is a statute of limitations to one year, if it is against the state it is two years. By fully understanding the parameters of what falls under personal injury and when you should file a lawsuit in the state of Illinois will help you be prepared if an accident or injury were to happen.
To summarize personal injury in Illinois there are four categories including accidents, intentional acts, defective products, and defamation. Each of these categories can be filled with different examples that all fall under personal injury. Knowing the time of when to file a lawsuit is two years from when the injury took place or two years when you have discovered your injury. If you are still wanting to learn more about other practice areas we help our clients in Illinois click here to learn more.
If you are dealing with a personal injury in Illinois our team at Heller, Trakhtman and Associates can help you with your case. Our team has 29 years of experience in the Chicago area helping clients with providing custom options to complex legal needs. Click here today for a free consultation or call us at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]>On Behalf of Heller Trakhtman & Associates<![CDATA[What to Know About Wrongful Death in Illinois]]>https://www.thellerlaw.com/?p=463002023-02-09T14:36:34Z2022-11-15T13:37:01ZPRACTICE AREAS
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How to File for Wrongful Death in Illinois
Illinois states that wrongful death occurs when an individual dies as a result of a wrongful act, neglect, or default by another party. Wrongful death follows many of the same parameters as a personal injury case within Illinois. The main key factors of incidents are negligence, medical malpractice, or intentional acts that may have included a crime. These are the main types of what the state of Illinois considers as wrongful death.
To file for wrongful death in the state of Illinois it must be done by an executor (personal representative) of the deceased person’s estate or a personal representative that the court has appointed in the event that the deceased did not have an estate. The statute of limitations states that a wrongful death lawsuit is two years from the date of the person’s death and within five years of the death if it was related to an intentional violent conduct. However, if the death of an individual happened due to a criminal case it can be filed as a wrongful death lawsuit within a year after the conclusion of the criminal case itself.
How Can We Help You
If you are dealing with a potential wrongful death lawsuit our team here at Heller, Trakhtman and Associates can help you and your family. We understand that wrongful death lawsuits can be challenging in wake of a tragic loss, and we can help make this process easier. Here are some of the types of damages that can be awarded in a wrongful death lawsuit within the state of Illinois:
Loss of Financial Support (loss of wages and benefits)
Loss of Consortium and Companionship
Loss of Instruction, Education, and Moral Training
Survivor’s Grief, Sorrow, and Suffering
Your family and lost loved one deserve the team to help you with your wrongful death lawsuit. Heller, Trakhtman & Associates has over 75+ years of experience in Illinois and has the tools and people to best help this process. We are experts in all things related to personal injury, therefore feel free to reach out to us about a free consultation today. Our team is ready to help you and your family be well represented with your wrongful death lawsuit.
Click here if you would like to learn more about what other practices we cover.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[What to Know About Nursing Home Neglect in Illinois]]>https://www.thellerlaw.com/?p=463012023-02-09T14:30:49Z2022-10-28T12:41:23ZPRACTICE AREAS
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What is nursing home neglect?
Nursing home neglect is a type of elder abuse that has been committed within an assisted living facility. This can happen when residents are not being taken care of within the facility by the staff that work there. If residents are going through nursing home neglect you can take legal action.
Here are the types of nursing home neglect:
Loss or Lack of Mobility
Psychological Issues
Poor Residential Hygiene
Inadequate Nutrition
Unexplained Injuries
Poor Living Conditions
These are the different types of how someone who lives at an assisted living facility may encounter these different types of neglect. If you know someone who is going through these difficulties near Chicago or Southern Wisconsin our team at Heller, Trakhtman & Associates can help you.
Here are some examples of nursing home neglect:
Resident stranded within their room for hours if they have mobility problems
Not calling a nurse or doctor if needed
Not cleaning residents room daily
Not changing the residents bed or clothing
Not giving residents enough water or food
Not cleaning residents
Not treating residents health problems
If your loved one is encountering any of the following types or examples don’t be afraid to reach out to the authorities for help. This can range from local law enforcement to lawyers, your loved one is protected by laws and can be assisted to get them free of the neglect they are experiencing. It can be difficult to share these concerns with a loved one but you want to make sure that they are happy and well taken care of while living at an assisted living facility.
What are the steps for hiring a medical malpractice attorney?
The first step is to file a “Affidavit of Merit” in the state of Illinois for malpractice cases. By working with your attorney they are going to help you fill out this document that states you (as the plaintiff) or your attorney have contacted a medical professional on the following items below.
The Right to File a Complaint
The Right to Their Own Clothing and Personal Property
The Right to Choose Their Own Doctor
The Right to Be Informed of Potential Effects of Medical Treatment and the Right to Refusal
The Right to Examine Their Medical Records
The Right to Have Their Appointed Caregiver Examine Their Medical Records
The Right to Manage Their Own Finances
The Right to Be Free of Physical Restraints
The Right to Freedom of Communication
The Right to Freedom of Religion
If you would like to learn more about Nursing Home Neglect click here to see more information and how our team at Heller Trakhtman & Associates can help you during this difficult time for your loved one.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[What to Do if You Get in a Truck Accident in Illinois]]>https://www.thellerlaw.com/?p=463022023-02-09T14:29:12Z2022-10-14T12:46:52Zroughly 500,000 truck accidents in the United States, and Illinois happens to have many truck drivers using the highways every day. There have been 4,000 people that have died last year due to large truck accidents in the United states.
Illinois has been averaging around 20,000 – 30,000 truck accidents a year. By understanding what to do with this scary situation is what this article is geared towards. If you’re looking for a truck accident lawyer our team at Heller, Trakhtman & Associates have you covered.
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What to do after a truck accident?
If you have been in a truck accident the first thing you must do is check for injuries, then you should go over and make sure everyone else is okay and hasn’t been hurt. If someone has been injured you should immediately call an ambulance. After checking the previous steps your next action is to contact the local law enforcement to then report what happened.
Here are the materials you will need to exchange with the other driver to report the incident properly. These following items will make the jobs of the law enforcement easier along with the insurance companies.
Drivers name
Driver’s license
License plate
Truck’s DOT number
Truck drivers insurance
Make and model of the truck
What the truck was hauling
After all information has been collected make sure to take pictures of the scene. These photos will help the insurance companies and possibly lawsuit cases by detailing exactly what happened. So make sure you capture the following items below:
Vehicle damage
Roadside debris
Property damage
Different types of truck accidents
In the state of Illinois there are many different ways of getting into an accident with a truck. Here are some of the common types of accidents you may come across, rear end, head on collisions, collisions at intersections, and left hand turn accidents.
Should I talk with my lawyer after a truck accident?
Yes, after being in a truck accident in the state of Illinois it is important to reach out to your lawyer to help you with the next steps that need to be taken. Your lawyer will then start investigating the accident and come to a conclusion to who was at fault. After these actions your lawyer can help move you in the right direction and assist you if need be.
Where to find a truck accident attorney?
Illinois is filled with many different law firms that will take your case but our team here at Heller, Trakhtman & Associates in Deerfield, IL will benefit your case with over 75 years of experience. Contact us today and let us help you get the compensation you deserve in your truck accident lawsuit!
If you would like to learn more about truck accidents in the state of Illinois click here. ]]>On Behalf of Heller Trakhtman & Associates<![CDATA[What Are Common Causes of Wrongful Death]]>https://www.thellerlaw.com/?p=463032023-02-08T21:00:40Z2022-09-30T12:52:23ZWhat is Wrongful Death Defined as?
Before we get into the potential causes of wrongful death, it’s helpful to define terms. Complicating this a little further is that every state defines wrongful death a little differently. In Illinois, where our law offices are locations, wrongful death occurs when someone dies due to a wrongful act, neglect or default.
A simpler way to think of it is to imagine if the person had survived, would they have been able to file a personal injury lawsuit. If that answer is yes, then a wrongful death suit can typically be filed on their behalf.
Potential Causes For a Wrongful Death in Illinois
Vehicle Accidents—When a death is caused by an accident and the at-fault driver involved was impaired, distracted, or being aggressive, the victim would have a potential wrongful death case.
Read More: When Should You Hire an Attorney After a Car Accident?
Work-Related Accidents—If a worker was exposed to an unsafe work environment and that environment results in their death, then that’s a wrongful death case. This is even true if on-the-job exposure results in death years after the fact such as with mesothelioma from asbestos exposure.
Medical Malpractice—When someone dies due to a lack of proper care or a mistake while in the care of a doctor or medical facility, a wrongful death case is an option here as well.
Defects in Products—A wrongful death case can typically be pursued when a product defect results in death. This does rely on proving the defect and not misuse. An example could be a seatbelt in a car failing during an accident or the use of a household appliance that resulted in electrocution.
Criminal Acts—Criminal acts are handled in criminal court, and a wrongful death case is a civil court case. However, in many cases, especially where a death is involved, both a criminal and a civil case can be brought forward against the defendant. Typically, the cases do not affect each other.
If you think a loved one was the victim of a wrongful death in the Chicago area, then we encourage you to reach out to Heller, Trakhtman and Associates as soon as possible. We are located in Deerfield, IL, and we serve all of the Chicago area. Even if you are pursuing a criminal case already, you should reach out to a wrongful death attorney like us to ensure that you are pursuing all legal avenues. Reach out to us for a free consultation today! Does Fault Matter in a Personal Injury Case in Illinois?
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[When Do You Need a Medical Malpractice Attorney?]]>https://www.thellerlaw.com/?p=463042023-02-09T14:28:29Z2022-09-20T13:01:03ZShould You Seek an Attorney For Medical Malpractice?
Medical malpractice is increasingly common, and there are often cases where a judgment was warranted but the patient never sought compensation or damages. In the medical field, mistakes are going to happen, just as they would in any other field.
However, when it comes to medicine, these mistakes can cause lasting damage, and often the impacts may be unclear at the time that the mistake happened. You don’t pursue medical malpractice to punish anyone, but rather to protect yourself and ensure that you are not paying for someone else’s mistake, or at least not paying any more than you have to.
The medical field is filled with large corporations. Make no mistake, you are the little guy or gal in this situation. When something does go wrong, these corporations may talk fast in hopes that you ignore the issue or even settle for less than you should be entitled to. If you are the victim of medical malpractice, get a skilled medical malpractice lawyer such as those at Heller, Trakhtman & Associates.
Read More: Does Fault Matter in a Personal Injury Case in Illinois?
Common Reasons People Seek a Medical Malpractice Attorney
There are a few circumstances under which you should consider seeking the help of a medical malpractice attorney. Here are the common medical mistakes that people seek damages for:
Infection at the Hospital—If you are in a hospital or a doctor’s care and you catch an infection, this may be the result of medical malpractice. Many people expect to get sick when they spend too much time in a medical setting. However, you shouldn’t be subjected to potentially lethal infections when you are seeking medical help.
Improper Anesthsia —There is no doubt that anesthesia is a difficult thing to administer properly, but getting it administered improperly can be horrifying.
Wrong Prescriptions—This happens all the time, especially when you are in a hospital’s care. They administer your prescriptions for you, sometimes even intravenously.
Injured During Surgery—Surgeries come with a risk, but some risks shouldn’t be your concern. Doctors could operate in the wrong area, leave things behind, or do things without care.
Bad Daignosis —An improper diagnosis can give rise to further complications and extended pain and suffering.
Patient Uninformed—The police have their Miranda rights, and doctors have something similar too. Except under very specific circumstances, if you were not properly informed of risks or the consequences of medical action, you could be entitled to a medical malpractice settlement.
Medical Malpractice Lawyer Near Chicago
Heller, Trakhtman & Associates has a long history and many years of experience serving the Chicago area. We have helped numerous victims of medical malpractice get the benefits and compensation that they deserve. Not sure if you need a lawyer? Not sure if medical malpractice has taken place? Please reach out to us for a free consultation today!
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[When Should You Hire an Attorney After a Car Accident]]>https://www.thellerlaw.com/?p=463052023-02-09T14:28:14Z2022-08-31T13:07:32ZWhat to do First After a Car Accident
The first thing is first. Do not be calling your lawyer while there are still shards of glass flying through the air. Stay calm and ensure that you or someone calls the police. Getting the police involved right away will ensure that the accident site is investigated, reports are made, and avoid secondary accidents—which can often be worse than the accident that started it.
How to Protect Yourself Legally After an Accident
It’s not always easy, but there are some things that you will want to keep in mind immediately following an accident. Do not discuss the accident with anyone. Record as much evidence as you can. Make sure you get medical care, even if you don’t think you were hurt. Often the shock of an accident and the adrenaline that follows can mask pain and damage.
Feel free to contact a family member to help you through this and make sure you reach out to your insurance agent—do not reach out to the other driver’s insurance agent. You just want to let them know there was an accident. Do not speak on the details of the accident including possible causes.
Read More: Does Fault Matter in a Personal Injury Case in Illinois?
When to Contact a Lawyer
Once you leave the scene of the accident, ensure that you continue your medical treatment if necessary, and document everything including lost time for work, appointments, or any other way that the accident may have affected your daily life. Do not get your car fixed yet either. Your vehicle is going to be a huge source of evidence, and fixing it can inadvertently destroy key evidence in your case. This is when you will want to speak with a personal injury lawyer too such as Heller, Trakhtman & Associates.
Personal Injury Attorney in Chicago
For decades now Heller, Trakhtman & Associates has served the Chicago metro area and even Southeastern Wisconsin from our Deerfield, IL location. We are experts in all things related to personal injury including personal injuries that could follow an auto accident. If you were just in an auto accident, contact us right away for a free consultation!
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.]]>On Behalf of Heller Trakhtman & Associates<![CDATA[Does Fault Matter in a Personal Injury Case in Illinois]]>https://www.thellerlaw.com/?p=463062023-02-09T14:25:24Z2022-08-15T13:12:55ZWhat is a Modified Comparative Negligence State?
Most states use what’s called modified comparative negligence, Illinois included. In total, 34 states use this modified comparative negligence to determine damages including neighboring states like Wisconsin, Iowa, and Indiana.
Here’s how it works. In these states, your damages are reduced by your percentage of fault. However, if you are determined to be more than 50% at fault, then you receive no damages at all. In these states, it is important that you are able to establish fault at or below that 50% threshold.
What is a Pure Comparative Negligence State?
It is worth taking a look at how some other states handle it. In all, 13 states use pure comparative negligence. It works just like modified comparative negligence. However, there is no 50% threshold. In other words. Even if you are 99% at fault, you can still receive damages. Illinois neighbors Missouri and Kentucky use this in their personal injury law.
What is a Contributory Negligence State?
This is the extreme other side of personal injury fault. In these states, you can not win any damages if you have any fault, even if it’s a 1% fault. It’s a good thing only four states and the District of Columbia use this in their personal injury law.
Finding a Personal Injury Lawyer in Illinois
Luckily, the personal injury laws in Illinois are favorable. Though it isn’t as favorable as some of our neighboring states that use pure comparative negligence in determining damages, with modified comparative negligence you can still get a favorable outcome even if you are partially at fault. Ensuring that you have a good lawyer handling your case will give you the best chance of having a favorable outcome.
You can count on Heller, Trakhtman & Associates in the Chicago area. We have over 75 years of combined experience right here in Chicago. We serve Cook County, Lake County, and even Southeastern Wisconsin and you can reach out to us today for a free consultation.
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.]]>