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Illinois Laws Archives

DISCOVERY RULE PROVIDES NEW AVENUE FOR JUSTICE FOR VICTIMS IN WRONGFUL DEATH ACT AND SURVIVAL ACT CASES

The Illinois Supreme Court has now provided a new avenue for victims in wrongful death act and survival act cases: the discovery rule. Pursuant to 735 ILCS 5/13-212(a), the discovery rule establishes that, within a four-year statute of repose, any claim of malpractice against a physician or hospital must be filed within two years of the date on which the claimant knew or through the use of reasonable diligence should have known of the existence of the injury or death for which damages have been sought. In Moon v. Rhode, the Illinois Supreme Court found that it was an issue of fact in wrongful death and survival actions predicated upon medical malpractice as to when the individual knew of the injury and its negligent cause. The discovery rule can now extend the wrongful death act and survival act statute of limitations beyond the two-year anniversary of death. 

NEW LAW CLARIFIES "RIGHT OF WAY" PROTECTIONS AFFORDED TO BICYCLISTS

The longstanding question as to whether bicyclists are entitled to the same "right of way" protections as motor vehicles on public roadways in Illinois has finally been answered. On January 1, 2017, a new law went into effect that clarifies that bicyclists are entitled to all of the same rights in "right-of-way" traffic situations as the drivers of motor vehicles.

Can I Recover for My Injuries if I Was Partially At Fault?

If you were involved in a slip/trip-and-fall, car accident or other incident where you might be partially at fault, Illinois laws say you may still be able to receive fair compensation for your injuries. Since the details of every case are different, please contact an attorney at Law Offices of Mathys & Schneid to discuss your case and learn about your recovery options.

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