Kolb Law

Injury Law

What you need to know about your injury case

Thousands of people in Illinois lose their right to fair compensation for injuries each year because they fail to hire an attorney. Many people are under the false impression that an insurance company has their best interests in mind. Wrong. An insurance company is in the business of making a profit for their shareholders, not paying claims for injuries caused by their clients.

There are hundreds of lawyers in Illinois being handsomely paid by the insurance companies to fight your claim for fair and adequate compensation for the negligent acts of the insurance company clients. If you have been injured or lost a loved one due to the negligence or carelessness of another, you have the right to receive compensation. If you decide to take them on alone, you will most certainly fail to obtain the full amount of benefits to which the law states you are entitled.

What do you need to know? First, there are time limits which will bar your case no matter how good it is. For some cases, the time limit is two years but for others, you may have as little as six months to put the defendant on notice or you will be barred from recovery. Don't let the insurance company stall you with delays. They are working to bar your claim. Second, you are not required to provide a written or recorded statement to the insurance carrier or their attorneys or investigators. They are not requesting the statement to help your case. They are looking for information from you to help them defeat your claim from the very moment they learn of the accident. Do not help them beat you!

Thirdly, the insurance company is confident that you have no idea of the benefits and value to which you are actually entitled. They will offer you a pittance along with a smile and the suggestion that they are doing everything they can to assist you in your difficult situation. Do not believe them. Statistics clearly indicate that a lawyer can often times recover two or three times as much as the insurance company will offer to pay you if you do not have experienced legal counsel.

Finally, you should contact an experienced litigator as soon as possible in order to begin the development of your case against the insurance company and their client. You need counsel who is experienced in gathering all of the documents, witness statements, and medical records necessary to prepare your case. The sooner the investigation begins the better chance you have of prevailing in the end.

At the Law Offices of David A. Kolb. P.C. you will work with one lawyer from start to finish. An experienced litigation attorney who personally has successfully tried, mediated, arbitrated and settled cases for over 25 years. To schedule a free in-office consultation to discuss your injury case contact the Law Offices of David A. Kolb, P.C. today.

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Contingency Fees Explained ~ No Fees Unless You Win

How do you hire an attorney if you have no money or are injured and cannot work? All negligence cases for injuries are handled by the Law Offices of David A. Kolb, P.C. strictly on a contingency basis. That simply means that you pay for professional legal services ONLY if we are successful in obtaining compensation for you. If we don't recover any money for you, then you do not owe us any money for all of the hours we put into the case. If we do recover money for you, you will pay us based on a pre-agreed percentage of the amount recovered. Simple, easy.

A contingency payment arraignment allows everyone access to the court system to seek fair compensation due for the negligent acts of others without regard to financial status. You do not need to go against the insurance company and their high priced attorneys alone. You can have the benefit of quality, experienced counsel.

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What is the Value of My Injury Case?

There is no quality attorney who can guarantee you a particular value for your injury case. This is because several factors play into determining the value of an injury case. First, the type of injury is one of many significant factors in determining potential value of a case. The death of an individual is worth far more than a fractured finger. The value of a case depends on the nature and extent of injury as well as the amount of permanent disability.

Second, the amount of the compensatory damages plays a factor in determining value. Compensatory damages include (1) medical bills incurred in treating your injuries, (2) lost income due to the injury, (3) pain and suffering for the physical distress and discomfort as well as the mental and emotional trauma, (4) permanency or "loss of normal life"; as well as other factors such as shortened life expectancy, disfigurement, loss of consortium, and future medical costs. In some limited cases, punitive damages may also be available.

Third, fault plays a significant role in evaluating the value of a case. If someone other than you is 100% at fault for the injuries you sustained, then you would be entitled to receive money for all of your compensatory damages. If you are entirely at fault for the injuries, then you are not entitled to any compensation. Most of the time, there is a division of fault.

In the event you are partially at fault for the injury, you may still be entitled to recover although the amount of the recovery may be limited. In Illinois comparative fault is the rule. If you are 51% or more at fault, you will recover nothing. If you are less than 50% at fault, your recovery will be reduced by the percentage of fault attributable to you.

The value of your case can be affected by a number of factors which require the careful consideration and preparation of an experienced injury lawyer. To better understand the issues regarding the value of your specific situation, contact the Law Offices of David A. Kolb. P.C. to schedule a free in-office consultation to discuss your injury case with an experienced injury attorney today.

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Car, Truck, Motorcycle Accident and Collisions

No matter how careful a driver you are, someday, you may be involved in a vehicular collision through no fault of your own. First, turn off you vehicle and provide aid to the injured in your vehicle and the other vehicle.

You should exchange insurance information with the other drivers involved in the accident but you should never admit fault for any actions. Provide only the information required such as your name and address and insurance company information. Do not discuss the cause or facts of the accident with anyone at the scene.

You should contact the police and see to it that an accident report is completed. Be sure to get a copy of the incident or Accident Report number so a copy can be obtained at a later date.

See your doctor or go to the emergency room if you have any doubt about your physical condition or that of any of the occupants of your vehicle. Follow-up with all required treatments and testing.

Following any accident involving an automobile, motorcycle or truck, it is important to seek a competent, experienced litigation attorney as soon as possible in order to protect your rights and interests. Early investigation is very important to a successful resolution.

If you or someone you love has been the victim of a motor vehicle accident, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss the matter. Like all other negligence cases handled by our office, a motor vehicle negligence case is handled on a contingency fee basis which means that there will be no charge for professional legal services unless we are successful in obtaining compensation for you.

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Uninsured Motorists

Being involved in a motor vehicle accident is an emotionally traumatic event. But the event is further exacerbated when you make the discovery that the driver responsible for the accident was uninsured or didn't have enough insurance. While this is a very frustrating situation within which to find yourself, it is not without hope.

In Illinois, every driver, yourself included, is required to carry uninsured and underinsured motorist insurance coverage. This is coverage provided by your own policy which is in place to protect you in the event you sustain damages or injuries as a result of the acts of uninsured or underinsured drivers. You can make a claim against your own insurance policy in order to be fairly compensated for your injuries. Your insurance company is not in a hurry to make payments to you for this type of claim. Quality legal representation is a must.

Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss the steps required to make an uninsured or an under insured driver claim. Like all other negligence cases handled by our office, an uninsured or an underinsured motorist case is handled on a contingency fee basis which means that there will be no charge for professional legal services unless we are successful in obtaining compensation for you.

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Falls or Premises Liability

You van be compensated for any injury that occurs on the property of another due to that person or company's negligence or lack of diligence. For example, if you are struck by falling merchandise in a store, fall due to an unnatural accumulation of debris or ice, or trip down a flight of stairs in an apartment building where the banister was faulty, you may be entitled to compensation for your damages. In short, any time you sustain an injury on the property of another and the injury is due to the negligence of the owner of the property, you may be entitled to compensation.

To maximize the value of your claim, it is important that you retain the services of an experienced attorney who has frequently handled this type of case. We can help you avoid the obstacles and risks associated with premises cases and help you to obtain the most favorable outcome possible.

Contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss your premises liability or fall case. Like all other negligence cases handled by our office, a fall or premises liability case is handled on a contingency fee basis which means that there will be no charge for professional legal services unless we are successful in obtaining compensation for you.

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Other Types of Injury Cases

At the Law Offices of David A. Kolb, P.C., we are experienced with the handling of a number of other types of injury cases including:

  • Child Injuries
  • Dog Bite/ Animal Attack Cases
  • Bicycle Accidents
  • Swimming Pool Accidents
  • Boating Accidents
  • Personal Watercraft Accidents
  • Snow Mobile Accidents
  • Drunk Driver Accidents
  • Electrocutions
  • Falls from Ladders
  • Pedestrian Accidents
  • Defective Product Litigation
  • Work Place Accidents
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Nursing Home Abuse and Negligence (Elder Abuse)

The Baby Boom Generation is the largest demographic group in the history of the United States. Comprising the largest single segment of the population, this group changed nearly every component of the American lifestyle. Today, the Boomers are nearing retirement age and are producing a record number of new retirees every year. With the rise in the number of retired individuals comes an increase in the nursing home population. Unfortunately that also means an increase in the rate of nursing home negligence.

Nothing is more devastating for someone than to learn that a frail parent or family member has been abused or neglected by the very medical professionals who were entrusted to care for and protect them. Yet, every year, thousands of cases of nursing home abuse or neglect are reported. The most frail and vulnerable residents are bedridden and require constant care yet many are abused or neglected by the staff of the nursing home which the family expected to take care of their needs.

The injury or death of a resident of a nursing home is inexcusable and the state legislature has crafted The Nursing Home Care Act which permits injured nursing home residents or their family members to seek financial compensation for the injuries or death caused by the nursing home or its staff. If you or a loved one has been neglected or abused in any of the following manner, you may be entitled to compensation from the nursing home:

  • Suffered a Fall Resulting in Injury
  • Developed Gangrene
  • Unexplained Weight Loss
  • Victim of Mental Abuse
  • Lack of Supervision
  • Suffered Malnutrition or Dehydration
  • Endured Painful Bed Sores or Decubitus Ulcers
  • Been Coerced, Neglected, Abandoned, Poorly Treated
  • Prescribed the Wrong Medication, Under or Over Medicated
  • Suffered a Physical or Sexual Assault from a staff member or another resident

Hiring an attorney experienced in the handling of cases involving nursing homes is an absolute necessity. David A. Kolb has years of experience in the preparation of nursing home negligence cases for mediation, arbitration and trial throughout northern Illinois. If you or someone you love has been the victim of nursing home negligence or abuse, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss the matter.

Like all other negligence cases handled by our office, a nursing home negligence case is handled on a contingency fee basis which means that there will be no charge for professional legal services unless we are successful in obtaining compensation for you. Additionally, there are provisions under the Nursing Home Care Act which may obligate the negligent nursing home to pay part or all of your attorneys fees if you win the case. Contact our office for a consultation.

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Wrongful Death

A wrongful death case is filed by the surviving heirs of a person who died as a result of the negligence of another. Often this type of case is filed by the spouse, or children of a person who died prematurely as a result of the conduct of others. The basis for a wrongful death case is similar to other types of injury cases. Automobile or other vehicle collisions resulting in death form a basis for a wrongful death suit. Similarly, nursing home negligence, premises liability, falls and any other type of tort case can form sufficient basis for a wrongful death case.

The damages which may be recovered are similar to the compensatory damages for any injury case, but also include loss of companionship, as well as compensation for sorrow and grief of the survivors. Like any tort or personal injury case, strict time limits exist and failure to act promptly could forever bar your right to make a fair recovery.

If you or someone you love has died as a result of the negligence of others, contact the Law Offices of David A. Kolb, P.C. to schedule a free in-office consultation to discuss the matter. Like all other negligence cases handled by our office, a wrongful death case is handled on a contingency fee basis which means that there will be no charge for professional legal services unless we are successful in obtaining compensation for you.

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For a lawyer with 25 years of experience in the courtroom, contact The Law Offices of David A. Kolb; an attorney who serves clients in Joliet, Plainfield, Bolingbrook, Romeoville, Shorewood and surrounding communities with a practice concentrating on cases involving all injuries, Automobile Accidents, Falls, Nursing Home Negligence, Abuse and Neglect and Wrongful Death.

David A. Kolb, P.C. | Attorney & Counselor at Law
2295 Essington Road | Suite 103 | Joliet, IL 60435
(tel) 815-254-1700 | (fax) 815-254-1766
dak@kolb-law.net
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