motor vehicle accidents

Motor vehicle accidents are the most common cause of personal injury.  This may range from minor to serious or permanent injury, or even death.  You may be entitled to recover money damages if the accident is deemed the fault of the other driver or drivers.

Recovery involves investigating the circumstances surrounding the accident, the conduct of all drivers involved, the nature and extent of the injury(ies) suffered, as well as the availability of insurance coverage.  (See FAQs).

To evaluate the liability and damages you may have incurred, and to protect your rights for recovery, contact us today at (312) 726-1692 for a free consultation.


Uninsured and Underinsured Insurance Coverage

Recovery under an uninsured/underinsured policy is limited to the amount of coverage you purchased.  Always review your policy at each renewal date or at the time of purchase to determine the terms and the amount of coverage available to you.  Uninsured and underinsured coverage does protect you against a negligent defendant who fails to have liability insurance coverage or has insufficient coverage to fully compensate you for your injuries.  If you are involved in an accident with an uninsured but negligent individual, a claim would be made on your behalf under your own uninsured motorist coverage. Your allowable recovery would be up to the limits of the policy that you purchased.


If you did purchase underinsured coverage, an additional claim can be made under your own policy if your damages exceed the limits of the other party’s insurance liability coverage or their liability coverage is less than your underinsured motorist coverage. An attorney familiar with these issues is important in order to obtain the maximum amount of recovery that may be available to you.

Dram shop

Persons injured by intoxicated persons can recover monetary damages from the establishment(s) sold or gave liquor to the intoxicated person.  Under Illinois law, this is known as the Dram Shop Act and provides that:

"every person who is injured within this State, in person or property, by any intoxicated person has a right of action in his or her own name, severally or jointly, against any person, licensed under the laws of this State or of any other state to sell alcoholic liquor, who by selling or giving alcoholic liquor within or without the territorial limits of this State, causes the intoxication of such person…"

Illinois law further sets a cap as to the amount recoverable and is adjusted annually in accordance with the consumer price index. The liability limits are adjusted each year, and are as follows for injuries sustained in the years 2015, 2016 and 2017.

2016

  • For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2016, the judgment or recovery under the Liquor Control Act of 1934 for injury to the person or property of any person shall not exceed $65,990.23 for each person incurring damages; and
  • For causes of action under the Liquor Control Act of 1934 for either loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2016, the judgment or recovery shall not exceed $80,654.73

2017

  • For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2017, the judgment or recovery under the Liquor Control Act of 1934 for injury to the person or property of any person shall not exceed $67,356.23 for each person incurring damages; and
  • For causes of action under the Liquor Control Act of 1934 for either loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2017, the judgment or recovery shall not exceed $82,234.28.

2018

  • For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2018, the judgment or recovery under the Liquor Control Act of 1934 for injury to the person or property of any person shall not exceed $68,777.44 for each person incurring damages; and
  • For causes of action under the Liquor Control Act of 1934 for either loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2018, the judgment or recovery shall not exceed $84,061.32

medical malpractice

Medical malpractice, more commonly referred to as medical negligence, is a term used to describe negligence by a healthcare provider who does not comply with the standard of practice and care for the relevant procedure. This may include a misdiagnosis, or failure to provide appropriate treatment, or even a delay of treatment.  The standard of care required in medical negligence cases often depends on the state in which the malpractice occurred as well as the area of medicine. It is highly recommended that you consult a medical malpractice attorney that is qualified, experienced, and successful to determine if you have a meritorious case.  A healthcare provider includes doctors, nurses, hospitals and/or nursing home facilities, technicians, dentists, or any other person or entity that provides medical care.

Medical malpractice cases are complex and costly which require committed and experienced litigation lawyers.  Sandman, Levy and Petrich, LLC have handled numerous medical malpractice claims, successfully, as a result of their commitment and experience (See Settlements and Verdicts).

The different types of medical negligence may include, but are not limited to:

  • Anesthesia Malpractice
  • Birth injury
  • Brain injury
  • Cerebral Palsy
  • Delay in diagnosis
  • Disfigurement
  • Failure to diagnose
  • Malfunctioning medical devices
  • Medication errors
  • Misdiagnosis
  • Nursing Home Neglect and/or Abuse
  • Plastic surgery disfigurement
  • Prescription drugs and pharmaceutical errors
  • Spinal cord injuries
  • Surgical Negligence
  • Wrong diagnosis
  • Wrong site surgery

If you believe that you or a loved one received medical care by a healthcare provider or entity, contact us immediately at (312) 726-1692 for a free consultation as there are time limits within which to file a claim for a medical malpractice.

nursing home abuse and neglect

The peace of mind people feel when they believe a family member in need of around-the-clock care is safe and comfortable in a caring place vanishes in an instant when they learn that their loved one’s nursing home experience is, in reality, a nightmare. Sadly and most unfortunately, negligence and outright abuse in nursing homes are all too common.  While many states (see Illinois Nursing Home Care Act) and federal regulations have been established to protect individuals in a nursing home setting, gross and negligent violations occur every single day, tragically compromising the health, well-being and dignity of our loved ones.

What Types Of Nursing Home Cases Do We Handle?

Nursing home abuse and negligence come in many different forms.  We represent and have represented injured nursing home residents, whether individually or on behalf of the families, for the wrongful abuse, neglect and often tragic death, in the following types of cases that may involve one or more of the following:

  • Bed Sores, Pressure Sores, Decubitus Ulcers
  • Burns
  • Choking
  • Clogged Breathing Tubes
  • Falls
  • Malnutrition or Dehydration
  • Medication Errors
  • Physical or Sexual Assault or Abuse
  • Physical or Chemical Restraints
  • Sepsis

Sandman, Levy and Petrich, LLC has successfully handled numerous nursing home negligence cases (See Settlements and Verdicts).

If you believe that you or a loved one may be the victim of nursing home neglect or abuse in Illinois, take immediate action and contact us at (312) 726-1692 for a free consultation as there are time limits within which to file a claim.

premises liability

If you have been injured while lawfully on the land or premises of another, the law holds landowners and landlords accountable if the property where you were injured was in a negligent or unsafe condition. This may include a defective surface, a slippery substance, inadequate lighting or security, or even the failure to maintain stairs, railings and the like. Premises liability injuries most commonly occur in parking lots, grocery stores, shopping malls and restaurants. However, you can also be injured in someone’s home or apartment.

Not all injuries incurred on another’s premises are the fault of the landowner or landlord. Premises liability actions are complex and only after a thorough assessment of the facts and circumstances surrounding your accident, will we be able to determine whether you are entitled to compensation.

Contact us today at (312) 726-1692 for a free consultation.

product liability

We are all consumers of many products and as such, we have reasonable expectations that a product will work and perform in a safe manner in which it was designed.  These products may range from vehicles to toys, tools to household products, or even industrial equipment.  Defects can occur without notice and the consequences of a defective product can be devastating. The legal term for these defects is called product liability.

The term “product liability” refers to a type of legal case that seeks a remedy for a person who was severely injured or killed as a result of a defective manufactured product. These types of liability cases involve very complex litigation. The nature of a product liability claim is dependent on many factors in addition to the cause of the defect.  A defective product can harm a consumer in various aspects of one’s daily life, including at home and at work.

Product defects can surface in different facets such as defects in design, defects in the manufacturing of the product or even where a manufacturer fails to warn of the associated dangers in the product’s use.  Likewise, liability in these cases can rest on numerous different parties from the supply chain up to the original manufacturer. A knowledgeable attorney will obtain all of this information in addition to the retention of experts to determine the appropriate type of claim that should be pursued such as negligence, strict liability, breach of warranty or fraud.

If you have been injured by a defective product or defective industrial equipment, you may be entitled to compensation. Sandman, Levy and Petrich, LLC are experienced attorneys in representing people who have been injured by a defective product.  We strive to ensure that an injured consumer receives not only fair treatment under the law but obtain the maximum compensation for their injuries.  Contact us at (312) 726-1692.

worker's compensation

Illinois law requires that employers provide worker’s compensation insurance for their employees. Should you become injured while in the course of employment, you are entitled to worker’s compensation benefits.

Please note that if your employer is engaged in “carriage by land, water, or aerial service and loading or unloading in connection therewith” with two or fewer employees, your employer may be exempt from the state’s worker’s compensation act.

Disability benefits provided – payments are made for temporary total disability (TTD) in an amount determined by a percentage of your wage, subject to a weekly maximum payment amount. Payments for permanent total disability (PTD) are based upon a percentage of your wage and are subject to weekly minimum and maximum payment amounts. This type of disability may continue for life. As to permanent partial disability (PPD), these payments are based upon a percentage of your wage, subject to a weekly maximum payment amount.

Awards are paid in addition to TTD. These awards are not reduced or offset by TTD benefits.

Death benefits provided – death benefits are payable to an employee’s surviving spouse, or spouse and children. Payment under this benefit is based upon a percentage of the employee’s wages and is subject to a cap.

Attorneys’ fees – these are limited to 20% by statute.

Sandman, Levy and Petrich, LLC has an experienced worker’s compensation department that specializes in work-related injuries. For a free consultation, please contact David Petrich at (312) 726-1692.