Friday, August 15, 2014

Struck at the Stadium - Chicago Blackhawk Fan Injured



Struck at the Stadium - Chicago Blackhawk Fan Injured



When you have been the victim of careless behavior and suffer injury, the law provides recourse for you by allowing lawsuits for personal injury. A recent post published in the Chicago Sun Times illustrates the use of personal injury litigation when a party believes that another is responsible. The post discusses the matter of Patricia Higgins, a Chicago Blackhawks fan who received an injury after attending Game 1 of the 2013 Stanley Cup Finals. She had attended the game with her daughter, sitting in section 115. Although there was a safety net in front of her area, the doctor from Burr Ridge was struck in the face by a wayward puck.

As a result, Dr. Higgins had a 1 ½-inch gash that went from the bridge of her nose to her right eyebrow. The injury required her to receive stitches. At the time of the incident, Dr. Higgins suffered a concussion, and asserted that she still was experiencing flashes of light in her vision was unable to smell or taste. A month after the injury, a Park Ridge businessman, who also attended the match, presented the puck to Dr. Higgins. She is claiming in her lawsuit that the United Center, the stadium where the Blackhawks play, was careless and negligent in the installation and maintenance of the nets. She also stated that the United Center should have maintained and inspected the safety nets so that they could have prevented potential injuries to spectators. The doctor alleges that due to her injuries, she has “sustained injuries, suffered pain, lost wages and medical bills, and will continue to suffer such damages in the future.”

The Statute of Limitations in Personal Injury Law

 When reading about the case, a primary question may be, some may wonder why Dr. Higgins is bringing a personal injury claim a year after the injury occurred. Her legal representative can do so because there is a statute of limitations for claims involving personal injury. The statute of limitation is a period of time in which a legal party can bring forward a claim. Once the statute of limitations expires, it is very difficult to bring forward a claim without some type of mitigating factor, and even in that case, it may still be a task to do so. 

 In the state of Illinois, people can find information regarding personal injury matters in the Code of Civil Procedure (735 ILCS 5/13-202). Section 13-202 states that to bring a claim for personal injury, a party must file their claim within two years. Thus, if you bring a claim after the two-year period, your claim will most likely be denied. However, even in that case, it is still in your best interest to speak with an attorney, as an attorney is more familiar with the law and there may be other avenues through which you can bring forward a claim. For example, Illinois law establishes (Sec. 13-202.2) that for personal injury based on childhood sexual abuse, a party can bring a claim within 20 years of the trauma.

If you have questions regarding personal injury litigation in the greater Chicago area, you should contact Allegretti & Associates. We have a solid reputation in the field of personal injury law, and can help you recover the compensation that you deserve.



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