Posted on November 20, 2020 in Medical Malpractice

Doctors, nurses, and other medical professionals have a tremendous responsibility, both legally and ethically. Even a seemingly minor medical error could put the well-being of their patients at risk. A patient harmed by medical negligence may require expensive medical treatment to correct the damage caused by the mistake and may also be unable to work. If you or your loved one has recently been the victim of a medical error in Illinois, you may wonder whether or not you have a valid medical malpractice claim.

Proving Medical Negligence Led to Your Injuries
No medical professional can ever fully guarantee the outcome of a medical procedure or medication regimen. Human bodies are vastly complex and vary significantly depending on our genetics, past medical history, lifestyle, and other factors. However, healthcare professionals do have a legal obligation to provide reasonably skilled medical services. When a surgeon, doctor, nurse, technician, or hospital worker makes a mistake that results in harm to a patient, the patient may be entitled to compensation through a medical malpractice lawsuit. The party liable for the patient’s damages may be the medical professional himself or herself or it may be the medical facility at which the mistake occurred. The four main elements of a successful medical malpractice claim include:

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 Posted on November 20, 2020 in Wrongful Death

In 2017 alone, nearly 1,000 people lost their lives in fatal auto accidents in Illinois. Approximately one-third of these collisions involved a driver who was under the influence of alcohol or drugs. Throughout the United States, drunk driving is estimated to cause one death every 50 minutes. Losing a loved one because of the reckless actions of an intoxicated driver is a gut-wrenching experience to endure. If you have lost someone you love in a drunk driving (DUI) accident, a wrongful death claim may enable you to recover compensation while holding the responsible party accountable for your tragic loss.

Illinois Wrongful Death Claims
Although no amount of money could ever make up for the death of a spouse, parent, sibling, child, or another relative, a wrongful death claim can help mitigate the negative financial consequences of losing a loved one. Illinois law describes a “wrongful death” as one caused by a wrongful act, neglect, or default. Wrongful death claims are brought by a personal representative of the deceased person, often a spouse, adult child, or parent, and damages are paid for the benefit of the deceased person’s surviving spouse and next of kin.

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 Posted on November 20, 2020 in Truck Accidents

If you are like many people, you may feel a bit uneasy when traveling behind a semi-truck that is carrying cargo. Although most truck freight is secured tightly and does not represent a risk to other motorists, sometimes truck cargo can fall off of the truck and cause devastating accidents. Unsecured truckloads can also shift within a trailer or flatbed truck and cause the truck to become off-balance and out of control. This, too, can cause horrific collisions. If you or a loved one were involved in a serious truck accident caused by loose or unsecured cargo, another party may be legally responsible for your losses.

Determining Liability in a Trucking Accident
Imagine the following scenario: A flatbed truck carrying large metal boxes of cargo is traveling down the highway when one of the boxes falls from the truck and onto the road below. You and several other motorists swerve wildly to avoid hitting the box. In the chaos that ensues, you are involved in a major auto accident. You subsequently suffer a traumatic brain injury (TBI), broken bones, and organ damage that all require costly medical care. You are also unable to work for several months after the accident. In a situation such as this, who pays for these costs? Determining liability for a truck accident can be a very complex process. The fault for the accident may lie with the truck driver, trucking company, cargo loader, manufacturer of securement devices, or another party. The fault may also be shared among several different parties.

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 Posted on November 20, 2020 in Nursing Home Abuse

Moving a parent, grandparent, or any relative into a nursing home is never an easy task. If you have an elderly or disabled loved one who is staying in a nursing home, you may be worried about the quality of care he or she is receiving. Although many nursing home workers are kind, caring, proficient caregivers, some nursing home staff expose residents to unlawful neglect or even abuse. Research shows that many nursing homes are dangerously understaffed or employ workers who do not have adequate training. This is why it is essential for anyone with a loved one in a nursing home to be vigilant for recognizing signs of nursing home neglect and abuse.

Unexplained Injuries and Preventable Medical Conditions
Most nursing home residents need assistance with daily living tasks like eating meals, showering, and using the restroom as well as managing their medical conditions. Poor hygiene, malnutrition, and dehydration are often red flags of nursing home neglect. Some residents suffer from severe physical disabilities or cognitive incapacitation that make them completely reliant on nursing home staff. Decubitus ulcers or bedsores are an especially serious concern for residents who have reduced mobility. Workers at these long-term care facilities should periodically reposition residents who cannot move about on their own so that bedsores do not develop. If a resident does develop bedsores, it should be immediately addressed so that the wound does not become infected. Frequent bedsores or bedsores that are not adequately treated can be a sign that a resident is being neglected. Unexplained injuries like bruises, scrapes, and fractures may also be a sign of neglect or abuse.

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 Posted on November 20, 2020 in Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving took the lives of nearly 3,000 people in 2018. Anything that takes a driver’s attention away from operating his or her vehicle safely is considered a form of distracted driving. This may include texting or other cell phone use, eating and drinking while driving, adjusting the radio or GPS system, and much more. If you were hurt in a car accident caused by a distracted driver, you may be left with overwhelming financial losses. Fortunately, a personal injury claim may help you recover compensation.

Distracted Driving Is Against the Law
The act of texting and driving has been against the law in Illinois for over a decade. However, this has not stopped people from using their cell phones behind the wheel. Many drivers have admitted to texting, browsing the Internet, updating social media, and even watching videos while operating a vehicle. Recently, a new law went into effect in Illinois that allows the Secretary of State to revoke or suspend an individual’s driver’s license if he or she causes an accident resulting in bodily injury while using an electronic device. Although using a cell phone while driving is still a major concern, this is not the only type of distracted driving that results in serious auto accidents. Talking to passengers, reaching for an object that has fallen on the vehicle’s floor, attending to children in the backseat, and countless other acts may constitute distracted driving. If a motorist violates Illinois traffic laws or drives in a reckless or negligent manner, he or she may be liable for any damages caused in an accident.

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 Posted on November 20, 2020 in Car Accidents

Determining liability in a car accident injury case is rarely straightforward. There are often a number of different factors that contribute to a serious auto accident. If you have recently been hurt in a collision and your actions may have contributed to or worsened the accident, you probably have questions about how shared fault will affect your ability to recover compensation. You may wonder whether or not a successful personal injury lawsuit is even possible. Fortunately, Illinois law allows an injured person to recover damages through a personal injury claim even if he or she is partly to blame for these injuries.

Illinois Modified Comparative Negligence Law
The laws regulating personal injury claims vary from state to state. Illinois follows a doctrine called “modified comparative negligence” when it comes to shared liability for personal injuries. According to this law, an injured person who is hurt by the negligent or wrongful actions of another party may bring a claim for damages as long as he or she is not more than 50 percent responsible for his or her injuries. In situations in which the injured person is 51 percent or more at fault, he or she is barred from recovering damages. For example, consider a scenario in which a driver was injured in an accident caused by falling truck cargo. The driver was speeding at the time of the accident which may have made the accident worse than it would have been otherwise. However, as long as the court determines that the driver’s share of fault was 50 percent or less, he or she may still recover compensation.

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 Posted on November 17, 2020 in Personal Injury

Injury to the delicate nerves of the spinal cord can result in life-changing consequences. If you or a loved one were hurt in an accident and you suffered monoplegia, hemiplegia, paraplegia, or quadriplegia, you may consider bringing legal action against the at-fault party. A personal injury claim may allow you to receive compensation for the costs, or damages, associated with your paralysis injury. You may also be entitled to financial compensation for the non-economic and intangible losses resulting from your injury.

Paralysis Injuries Suffered in an Accident or Act of Violence

When the spine is damaged, nerve signals may no longer be able to travel throughout the body. Paralysis can involve the partial or total loss of motor function in one or more regions of the body. Sometimes paralysis is temporary and other times it is permanent. Paralysis may be caused by car accidents, slip-and-fall accidents, workplace accidents, construction accidents, intentional physical attacks, and more. Paralysis can lead to:

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 Posted on November 11, 2020 in Personal Injury

According to the National Safety Council (NSC), falling is the third leading cause of accidental injury-related death overall and the top cause of injury-related death for those over 65. Falling can result in severe injuries including fractures, traumatic brain injury (TBI), back and spine injuries, and more. If you or a loved one recently suffered a fall, you may have questions about who is liable for the incident. You may be interested in exploring your legal options and pursuing compensation for the damages or costs incurred by the fall accident. Read on to learn about slip and fall injury claims in Illinois and what you can do to get started on a claim today.

Elements of a Personal Injury Claim Based on Negligence

Liability for a slip and fall or trip and fall often hinges on negligence. To establish that the defendant was negligent and win your injury claim, you and your attorney will need to demonstrate four main elements:

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 Posted on May 15, 2020 in Personal Injury

If you are somebody you care about has been injured or become ill due to a defective product, you may need to file a lawsuit in order to recover compensation for damages. In these cases, it is important to understand how “strict liability laws” apply, and whether or not a company or manufacturer’s negligence bears any weight on the outcome of a case.

What is strict liability, and how does it apply to defective product cases?

When it comes to personal injury law, “strict liability” revolves around the idea that a defendant can be held liable for any personal injuries or damages to a plaintiff regardless of whether or not they are at fault. Strict liability differs from typical injury claims in which negligence must be present on the part of a defendant in order for them to be held liable for damages to a plaintiff.

In most kinds of personal injury cases, (i.e. a car accident or slip and fall case), the defendant must have done something (or failed to do something) that amounted to negligence in order to be held liable for damages. Strict liability will not examine whether or not the actions of the defendant fell below any certain standard to constitute negligence.

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 Posted on May 14, 2020 in Personal Injury

If you sustained an injury that was caused by another person's negligent actions, you will likely need to file a claim with their insurance carrier to secure compensation for your losses. Depending on the situation, this could involve car insurance carriers, homeowners’ insurance, or a business insurance company. Regardless of what type of claim, you need to understand how an insurance carrier will value a personal injury claim in Illinois.

What factors go into valuing a personal injury claim?

It is important to point out that insurance carriers want to pay the lowest potential settlement for any claim made against the policy. They will do what they can to limit their liability, and this often means that they will use tactics that may not seem fair to an injury victim. This can include making low settlement offers that they know will not cover all the expenses or even trying to say that the victim was partially responsible for their own injuries.

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