Rockford IL Lawyers - Do I Have a Wrongful Death Case?

The death of a family member is not something that anybody wants to face, but when it is a due to somebody else’s negligence or carelessness, it is even harder to handle. In cases like those, the survivors of the victim must look closely at what happened to determine if there is potential for a wrongful death lawsuit. Not all cases will qualify for a lawsuit, so you will want to learn what to look for before approaching an attorney.

Types of Wrongful Death Cases

Personal Injury Attorneys take a variety of wrongful death cases, but not all of them specialize in the type of case you have. Car accidents are one of the most common causes of a wrongful death  lawsuit, but you also have medical malpractice, workplace accidents, and product liability that are quite common. Other types of cases that are not as common include children’s deaths, police misconduct, and nursing home deaths. What you need to do is identify what type of case you have and contact a lawyer who specializes in that area.

Who is Responsible?

In order for there to be a valid wrongful death case, somebody else is responsible for the death. Who is responsible for the accident can include government agencies, individual people, or business corporations; it all depends on what type of case you have. For example, if your husband is using a defective ladder, falls off the ladder, and is killed because of those injuries the manufacturer of the ladder they could be held responsible for his death. Alternatively, if your husband is not using the ladder correctly the manufacturer is not responsible for his death.

With these types of lawsuits, all you need to do is prove that the group responsible was negligent in their actions, which resulted in the person’s death. Something else to keep in mind is that in some cases more than one party is responsible. In that case, both parties will need to be named in the wrongful death lawsuit.

Who Can Bring Forth a Wrongful Death Lawsuit?

In most wrongful death cases, any relative that would inherit something from the deceased under the state’s probate laws can rightfully file the lawsuit. Some states will also allow domestic partners to file the lawsuit. The surviving spouse is the most common filer in these lawsuits, but that doesn’t mean they are the only people eligible to collect from the lawsuit because more than one person can qualify as a survivor. For example, parents who are financially dependent on adult children are survivors in the lawsuit, but so are any children who live with the victim for more than six months out of the year. Any qualified survivor is able to collect monetary damages, but the amount can vary.

These are just the basic factors that you need to know when filing a wrongful death lawsuit. Other rules and restrictions can apply, so be sure to check with a Personal Injury Attorney who specializes in wrong deaths.

Rockford IL Lawyers - Top Questions to Ask When Hiring a Personal Injury Attorney

Hiring an attorney isn’t the easiest thing to do because you want to ensure that you hire only the best. Personal Injury Attorneys are harder to find because you need to find one that specializes in a specific area, such as wrongful death or medical malpractice. What you need to do is learn the top questions to ask any Personal Injury Attorney to help narrow down your choices.

Asking Personal Injury Attorneys specific questions will aid you in making your final decision because you will understand more about that specific attorney and their processes. As an additional bonus asking certain questions will help, give you piece of mind based on their answers. You never want to hire a lawyer just because you can afford them; you want to be satisfied with the knowledge that they will represent you to the best of their ability.

Question #1

Do you offer free consolations? – Most Personal Injury Lawyers will offer the initial consultation at no charge to you. If an attorney doesn’t offer a free consultation, you should continue looking for one that does. Always ask this question on the phone before meeting with the attorney.

Question #2

Do you work on a contingency basis? - If so, how much will you charge if we are successful? – Most Personal Injury Attorneys work on a contingency basis, which means you are only responsible for paying a fee if you win your case. The fee is often a percentage of your settlement.

Question #3

Will I be responsible for any legal fees or case expenses if I lose my case? - Most lawyers will charge you for any expenses, such as filing fees, incurred during the preparation and handling of your case, regardless of winning or losing the case. You will also want to get an estimate of any fees that you will be responsible for.

Question #4

What fields do you specialize in? How much experience do you have in your field? – Personal injuries are not limited to auto accidents. You will want to find a lawyer who has experience in your type of case. For example, spinal injuries are a specialty in personal injury because of the special knowledge needed to prove the case. When it comes to experience, you want to find out how long they have practiced law, but also if they have any kind of trial experience. Never hesitate to ask for referrals and be sure to check them out!

Question #5

Who will I talk to when I have questions regarding my case? – Most people do not want to talk to a paralegal when they have questions involving their case, especially if they have to pay for it. Find out beforehand who you can expect to talk to. Lawyers are not always available so speaking to an assistant is normal. What you want to find out is how often you will be able to talk to your attorney compared to their assistant.

Rockford IL Personal Injury Lawyer, David J. Balzer

Rockford IL Personal Injury Lawyer, David J. Balzer, concentrates his practice of law on litigation, with an emphasis on Personal Injury and Medical Malpractice. He prides himself on providing excellent representation to his clients, aggressively and professionally pursuing their claims to a successful end. He is an experienced litigation attorney, committed to the pursuit of justice through the legal system. His clients appreciate his knowledge of the law, determination, excellent communication skills, stringent attention to detail, personal demeanor, and deep ties to the community.

Attorney Balzer received his law degree from Northern Illinois University School of Law. During law school he maintained concurrent clerkships with Schirger, Monteleone, and Hampilos, P.C. and for the Honorable Joseph G. McGraw, circuit judge for the 17th Judicial Circuit. Additionally, while still in law school, the Illinois Supreme Court granted Mr. Balzer permission to practice law as a domestic violence victim advocate at Rockford’s Zeke Giorgi Legal Clinic.

Attorney Balzer received his undergraduate degree from Marquette University in Milwaukee, Wisconsin. He earned a B.A. in economics and minored in Theology. Prior to attending law school, he owned and operated a construction company in the Rockford area. Since law school, Attorney Balzer’s focus has been upon providing justice to tort victims and their families through excellent and diligent representation.

Rockford IL Personal Injury Attorney, David F. Monteleone

David Monteleone, Rockford IL Personal Injury Attorney, concentrates his practice of law on litigation, with a special focus on personal injury, medical malpractice, and dental malpractice. Attorney Monteleone’s educational and professional background uniquely qualifies as one of the leading litigation attorneys in the area.  His reputation in the community is that of an aggressive and diligent attorney whose understanding and grasp of the law is well established and unparalleled.  He has devoted his career to representing tort victims and taking on defendants who put profits over people. He is a skilled attorney with many years of experience who consistently meets and exceeds his clients’ expectations. His successful track record is extensive, with many litigation victories at both the trial and appellate levels. Many of his cases settle prior to trial due to his excellent trial preparation and his determination to achieve the best result for his clients. If trial becomes necessary, he and his law firm do not back down, having earned a reputation as excellent trial advocates over the years. Above all, Mr. Monteleone prides himself on putting his clients’ well-being first.

Mr. Monteleone received his Juris Doctor degree from the University of San Diego in 1991. He sat for and passed the California Bar Exam, and he maintains his California law license. He returned to Illinois, passed the Illinois Bar Exam, and began representing personal injury and wrongful death tort victims. His advocacy of tort victims extends to the appellate court system, successfully arguing and litigating cases in the Illinois Appellate and Supreme Court. Interestingly, Attorney Monteleone is also Dr. Monteleone. In 1988, he graduated from the University of Iowa College of Dentistry. After passing state and national board examinations, he opted to change careers paths and enrolled in law school. He continues to maintain his dental license and his medical background uniquely qualifies him for the representation of clients who have either been hurt by a medical professional and/or have required medical care as the result of another’s negligence. Very few attorneys can match Attorney Monteleone’s medical-legal credentials. And none can surpass his dedication to representing tort victims or his determination to bring injury-causing defendants to justice.

Attorney Monteleone also attended the University of Illinois at Champaign-Urbana prior to dental school. He maintains strong ties to the community and prides himself on making the area a safer and more just place to live. He is a member of the Illinois Trial Lawyers Association, Illinois State Bar Association, American Association for Justice, and the Winnebago County Bar Association.

Rockford IL Lawyers - Choosing a Personal Injury Law Firm

If you or a loved one has been injured due to negligence by someone else, you might want to seek the advice of a personal injury lawyer. Unfortunately, many times people who expect others to do the right thing find themselves being taken advantage of because people fail to take responsibility for their actions. Even trying to settle with an insurance company can be tricky. Hiring a Rockford IL Personal Injury Law Firm will ensure that you are being treated fairly and that your legal rights are not being violated.

One of the biggest advantages to hiring a personal injury lawyer to represent you is that they know what needs to be done. Your lawyer will look over all the details of your case and then confer with you on what should be done next. Part of your case will involve talking with the insurance company. Many cases can often be settled directly with the insurance company, but sometimes a case must be taken to court. With these different scenarios, it is important that you choose the right lawyer for your case.

One mistake that people make when hiring a personal injury lawyer is thinking that they are all the same, but not all lawyers specialize in the same areas. Medical malpractice and workers’ compensation classes are two specialized areas of personal injury law, so you want a lawyer who specializes in those areas. There are also lawyers who specialize in specific injuries, such as burns or spinal cord injuries. Other firms will specialize in car accidents or even injuries due to using defective products. When choosing the right Rockford IL Personal Injury Law Firm you will want to find one that has the knowledge and experience to represent your case. Before making a decision on who you will hire ask if they have any experience with your kind of injury.

Something else that you want to look at when choosing a lawyer is how much the lawyer is going to charge. In normal cases, lawyers usually charge some type of retainer, but in most personal injury cases, lawyers often work on a contingency basis. How this works is that if you win your case they will receive a percentage of the settlement, but if they lose you won’t have to pay an attorney fee. If you lose your case, you might still be responsible for specific costs, such as the cost of filing the lawsuit, although this rarely happens. The normal percentage for personal injury cases is between one-third and 40% of the settlement, but workers’ compensation cases are often lower due to the tighter regulations. Before making your decision you will want to find out the percentage that they charge if you do win and any costs you will be responsible for if you lose.

One thing that you want to avoid doing when deciding on a lawyer is hiring because of their advertising techniques. Lawyers that have full-page ads in the phone book or even on television often share advertising costs with other firms, the best personal injury law firms usually rely on referrals. Many times your best bet in trying to find a lawyer is to talk to a lawyer you trust so they can refer you to somebody who is experienced in handling your type of case.

Rockford IL Lawyers - Do You Have A Medical Malpractice Case?

While you might think that medical malpractice is a rare occurrence, it actually happens more often than you would think. Before you start looking for some Rockford IL Lawyers to handle your medical malpractice case you might want to be sure that you have one. Many people often don’t understand that there is a difference between medical malpractice and not being satisfied with your medical provider.

If you are upset with your medical provider because the level of care wasn’t what you expected, or if you are not happy with their diagnosis or treatment methods, that doesn’t mean you have a medical malpractice case. In order to have a medical malpractice case there has to be some kind of negligence on the part of the provider. What Rockford IL Lawyers are looking for is an act or a failure to act by your doctor that goes against the standard of care. For example, a doctor gives you the wrong treatment for a diagnosed disease that leaves you with extensive injuries.

In order for your injuries to qualify your case for medical malpractice, they must meet certain requirements. Injuries must be long lasting and serious, but they must also be demonstrable to qualify your case as medical malpractice. What this means is that if you suffer headaches as a side effect from a medical treatment and are tired of the headaches, your case won’t qualify as medical malpractice. On the other hand, if those headaches are constantly occurring and are debilitating, then you probably have a strong case for medical malpractice, all that is left is demonstrating that the headaches are occurring. The reason that you need to be able to demonstrate your injury is physical evidence, which is vital to any case. Hearing about the injury and what it does to you is a lot different from showing the injury and how it affects your daily life.

The most important aspect to any medical malpractice case is your medical records. Before you consult with an attorney, you will want to obtain a copy of your medical records. Sometimes getting a copy of your medical records can be difficult because of your provider. What you need to remember is that you have a legal right to these records, so if needed, your attorney can help you obtain a copy. Providing your attorney with a copy of your medical records can help them determine if you have a valid case or not, so be sure to bring everything that you can with you to your consultation appointment.

Consulting with a lawyer about the chances of your case is important because medical malpractice cases are some of the hardest to prove. With this kind of case you and your lawyer will be going up against some powerful people, doctors are always backed up by their insurance companies, so you can expect some of the best lawyers to be defending them. This is why it is so important to know you have a solid medical malpractice case, with the physical evidence needed to back up your claims.