Legal Question in Personal Injury in Illinois
injury compensation
I own a townhome and pay an association fee with lawn care and snow removal. I live in the chicago area and was hit with a icy storm. The next day I had to shoval my drive to exit my drive and not damage my car. I suffered a mild heart attack and didn;t know it I just was out of breath with chest pains. They still didn't do anything for my drive during a 4 day stretch. I experienced light chest pains and shortness of breath I am a self-employed truck driver so I had a check -up appt. with my doctor so I felt no rush but ended up going in early and getting hospitalized resulting in a heart proceedure do I have any recourse in this matter?
3 Answers from Attorneys
Re: injury compensation
Hello. Based upon the information that you posted it appears that the association owed you a duty to remove snow from the driveway that you use. Clearly you suffered damaged in the form of a heart attack as a result of the association breaching that duty. If you file a lawsuit, the association's defense will probably be that it was unnecessary for you to do the work yourself and that the snow removal service would have come out if you had called. In other words, the association may argue that you voluntarily assumed the risk of doing the work yourself. That will be the issue in the case should you file a lawsuit. I think it is worth looking into. Will be happy to discuss this matter with you further and in more detail.
Re: injury compensation
I hope that you are making a good recovery.
You may have two causes of action. The first is against the association if they were negliegent in how timely snow removal was to be performed. However, many associations contract to third parties for snow removal of the driveway area, so if that is the case, there may be a case against the third party, who is usually required to have insurance.
Feel free to contact me. Since you are still recovereing from the heart attack, I would be happy to meet with you at a place convenient to you.
Re: injury compensation
I hope that you are making a good recovery.
You may have two causes of action. The first is against the association if they were negliegent in how timely snow removal was to be performed. However, many associations contract to third parties for snow removal of the driveway area, so if that is the case, there may be a case against the third party, who is usually required to have insurance.
Feel free to contact me. Since you are still recovereing from the heart attack, I would be happy to meet with you at a place convenient to you.
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