Frequently Asked Questions About Personal Injury and Litigation in Illinois

Answers from experienced attorneys in Chicago

The law office of Douglas W. Graham provides answers to common questions about personal injury law, employment discrimination and civil litigation. Please keep in mind that these answers are provided for general information purposes only — and are no substitute for legal advice. We hope you find these answers informative and contact us with any questions you may have about your case.

Motorcycle Accidents

Probate Litigation (Will Contests)

Contact the experienced injury and litigation Chicago firm of Douglas W. Graham

Call (773) 309-4806 or contact us online to schedule a free initial consultation. If you have further questions, we would be happy to provide the answers you seek. Douglas W. Graham will personally return your call as soon as he can if he happens to be unavailable. Our firm does not get paid unless we win your case. We are also able to make a contingency fee arrangement for you in certain cases, so you will owe no money up front to begin your case. If you cannot come into our Chicago office, we can make home and hospital visits. We serve clients throughout Chicago and surrounding areas within Cook County.

I wasn’t wearing a helmet when I had my accident. Can I still recover for my injuries?

Yes, you can still recover for your motorcycle accident injuries. Under Illinois law, you are not required to wear a helmet while riding your motorcycle and your failure to do so can't be used against you in court.

What kind of damages can I be compensated for in a motorcycle accident?

You are entitled to be reimbursed for all your medical costs such as doctor treatments and physical therapy. You may also be compensated for pain and suffering. You may receive compensation for non-medical expenses such as the repair costs for your motorcycle as well as reimbursement for time lost at work while recovering from your accident.

In addition, if warranted in your particular case, you may receive punitive damages.

If I’m at fault for the accident, can I still collect damages for my injuries?

It depends on how much at fault you are for the accident. Illinois is a comparative negligence state. This means that you are held liable for whatever percentage you are at fault for the accident. You will have to pay for that share of fault yourself. However, if you are found to be 51 percent or more at fault in an accident, you will not recover any damages in filing a claim.

My mother left me out of her will. Can I contest it?

Not if the only ground for contesting the will is that you think it is unfair that your mother didn’t leave you anything under her will. The purpose of a will contest proceeding is to determine whether the writing produced is the will of the decedent. Generally, proper grounds for invalidating a will include undue influence, lack of capacity, fraud or forgery, or any other ground that shows the will does not contain the decedent’s wishes regarding the disposition of his or her property.

What individual do I sue in a will contest?

You are not really suing specific individuals in a will contest proceeding. You are contesting the validity of the will itself. However, the representatives and heirs named in the will you are contesting will be parties to the will contest proceeding.

My father was illiterate. I don’t believe he wrote or understood the will. Can I contest it?

Maybe. One of the legal grounds for contesting a will is that the testator (the maker of the will) was ignorant of the contents of the will. For example, someone else prepared the will but the testator was not given an opportunity to read it. Or, as in your father’s case, the testator is unable to read and the contents of the will were never explained to the testator. Assuming someone else actually wrote the will, you would have to prove that the content of your father’s will was never read to him or explained to him.