Posted on November 20, 2020 in Wrongful Death

A wrongful death claim is a legal action that an individual may choose to take after the loss of a loved one. Medical malpractice, car accidents, construction site accidents, workplace accidents, and other incidents involving negligence or wrongdoing may lead to a wrongful death claim. If you have recently lost a spouse, parent, child, or another relative, you may be interested in exploring your legal options. Read on to learn about wrongful death laws in Illinois and what you should do if you believe your loved one’s death qualifies as a “wrongful death.”

Definition of a Wrongful Death
The death of someone you love is always heartbreaking, so you may be wondering, “When is someone’s death considered wrongful?” Illinois law states that a wrongful death is one that meets two criteria:

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 Posted on November 20, 2020 in Medical Malpractice

One of the most important responsibilities a physician has is to recognize the signs and symptoms of an illness and accurately diagnose the medical condition from which a patient suffers. The sooner a patient receives a diagnosis, the sooner he or she can start treatment. In most cases, illnesses and diseases that are diagnosed early in the disease’s progression are easier to treat than diseases that have already considerably advanced. Misdiagnosis and delayed diagnosis can lead to preventable patient suffering, worsened medical conditions, and even patient death. If you or a loved one were misdiagnosed or did not receive a timely diagnosis, you may have a valid medical malpractice claim.

Misdiagnosis or Delayed Diagnosis Can Lead to Unnecessary Patient Suffering
The human body is immeasurably complex. Doctors cannot always know with 100 percent certainty the cause of a patient’s symptoms. However, physicians and other medical professionals are expected to meet a certain degree of accuracy regarding patient diagnoses. If you or a loved one were misdiagnosed with the wrong medical condition, you may be unsure of whether the misdiagnosis was caused by medical negligence. Misdiagnosis can cause significant suffering. You or your loved one may have undergone pointless medical treatments and endured unnecessary pain and suffering. Because the true cause of the symptoms was not identified, the disease may have worsened considerably during the time between the misdiagnosis and the correct diagnosis.

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 Posted on November 20, 2020 in Medical Malpractice

Birth injuries occur when an infant is injured during pregnancy, labor, or delivery. Some birth injuries are unavoidable, but others are the direct result of negligence or error on the part of a doctor, nurse, technician, or another medical worker. If your child was injured or passed away during the birthing process, you may be unsure of who is to blame. You may suspect that medical mistakes played a role in your child’s injury, but do not have proof to verify this. In situations like these, an experienced medical malpractice attorney is needed to evaluate medical records, consult with medical experts, and launch a full investigation into the circumstances of the injury.

Medical Mistakes Can Lead to Debilitating Injuries to Infants
Birth injuries can cause an infant to experience unnecessary suffering and ongoing medical complications. An injured baby may need specialized care well into childhood or even adulthood. Parents of injured children may become overwhelmed with medical expenses and other costs related to the injury. If the birth injury was preventable, the parents may be entitled to compensation for these costs through a medical malpractice claim. Birth injuries that may possibly be the result of medical negligence include:

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 Posted on November 20, 2020 in Nursing Home Abuse

Nursing home residents have the same rights as any other patient at a medical facility. They are also afforded specific rights under the Illinois Nursing Home Care Act as well as other state and federal legislation. Residents have the right to wear their own clothes and use their own personal property, enjoy a reasonable level of privacy, practice their chosen religion, and much more. Sadly, one of the most important rights afforded to nursing home residents is also one of the most commonly violated. Although nursing home residents have a legal right to be free of unnecessary restraints, overuse of physical and chemical restraints persists throughout Illinois and the United States.

What Is a Restraint?
Restraints are anything used to limit a resident’s movement or independence. Physical restraints include items like arm and leg restraints, ties, vests, and hand mitts. Everyday items can also be used as restraints. For example, bed sheets may be tucked in tightly in order to keep a resident from getting out of bed. Wheelchair wheel locks may be used to stop a resident from moving about the facility. Chemical restraints are substances used to sedate a resident. Medications such as antipsychotic drugs and benzodiazepines are sometimes administered to nursing home residents “off label” to keep them calm.

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 Posted on November 20, 2020 in Personal Injury

The human brain can be thought of as an advanced, lightning-fast supercomputer. Our brains control everything from speech, to movements, to memories. Traumatic brain injuries (TBI) can result from car accidents, slip and fall accidents, physical violence, and other incidents during which the brain is damaged. TBIs range in severity from minor concussions to injuries causing severe permanent neurological damage. It is estimated that nearly 14 million people currently suffer from a disability caused by a traumatic brain injury (TBI) in the United States. The financial costs and reduced quality of life associated with many TBIs can be overwhelming. That is why it is important to consult an experienced personal injury attorney for help in exploring your legal options if you or your loved one has suffered a TBI.

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 Posted on November 20, 2020 in Personal Injury

If you ask most children what their favorite part of the school day is, they will likely respond with an exuberant, “Recess!” Playing on a playground can be a great way for children to have fun and exercise. Unfortunately, playground accidents can result in traumatic brain injuries, broken bones, and other serious injuries. If your child was hurt in a playground accident at school, daycare, or a public park, you may be wondering what your legal options are. Depending on the circumstances of the injury, you may be entitled to compensation for your child’s medical expenses, pain and suffering, and more.

Who Is Liable for a Child’s Injuries After a Playground Accident?
Most children experience multiple skinned knees, cuts and bruises, and other injuries before reaching adulthood. While many child injuries are simply a part of growing up, other injuries are the direct result of negligence. Some playground accidents occur because the playground equipment was not properly installed. Others occur because the equipment was broken, rusted, or otherwise defective. Playground accidents may also happen when the adults responsible for supervising the children are negligent. Because school employees and daycare staff are acting in loco parentis or “in the place of parents,” they have a legal obligation and duty to protect children from foreseeable dangers. If your child’s injury was due to dangerous playground equipment or negligent supervision, you may have a valid personal injury claim. The school or daycare facility may be liable for damages. Responsibility may also lie with the government agency that owns or maintains the playground. It is also possible that the liable party is the company that designed, manufactured, or installed the playground equipment.

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 Posted on November 20, 2020 in Car Accidents

When we think of car accidents, we do not usually consider crashes that happen in parking lots. Although many parking lot accidents occur at low speeds, these collisions can still cause serious injuries or even death. If you or a loved suffered an injury after a parking lot accident, you may wonder if you are entitled to compensation for your injuries. In many cases, a personal injury claim can help a parking lot accident victim recover compensation for vehicle repair costs, medical bills, missed work, and other damages.

Who Is At Fault for a Car Accident in a Parking Lot?
Parking lots can be hectic places. Individuals who are in a hurry may drive while distracted by their cell phones, disregard right-of-way rules, or drive across parking spaces instead of staying in the appropriate lanes. Drivers who are exiting parking spaces should always yield to cars driving through the feeder lanes and drivers exiting feeder lanes must yield to motorists in the thoroughfare lanes. Drivers should be vigilant for pedestrians at all times. When a motorist ignores right-of-way rules, drives too fast, or fails to check his or her surroundings before moving, he or she may strike a pedestrian or another vehicle. If a motorist’s inattention, recklessness, or negligence causes a parking lot accident, he or she may be liable for the damages incurred in the accident.

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 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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