Posted on June 06,2023 in Personal Injury

Personal injury claims are used to recover monetary damages after an injury caused by another party's negligent or unlawful actions. Car accidents, medical negligence, nursing home neglect, defective products, and farm equipment accidents are just some of the accidents that may lead to a personal injury claim. In order to win a personal injury case, the injured party must prove four elements: duty of care, breach of duty, causation, and damages.

What Does "Duty of Care" Mean?

Duty of care means that the defendant had an obligation to act in a reasonable manner so as not to cause damage or injury to another person or property. This includes taking steps to keep a premises safe, driving safely on the road, and providing proper medical care. The duty of care is based on the relationship between the parties involved. For example, when a doctor-patient relationship is established, the doctor owes a patient a duty of care. Specifically, the doctor must meet the "medical standard of care."

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 Posted on May 23,2023 in Wrongful Death

In recent years, the news has been full of stories involving fatal shootings. Sadly, this trend does not look like it is slowing anytime soon. If your loved one died from a gunshot wound, you may be looking for justice. 

The criminal justice system is tasked with penalizing perpetrators of violence. However, even if a perpetrator is convicted and put in jail, this does not offer any restitution to the victim’s family.

Another legal avenue you may want to consider is filing a wrongful death claim on behalf of your loved one. A wrongful death claim can be used to recover financial compensation for funeral and medical expenses, the loss of your loved one’s income, and other financial losses.

Filing a Wrongful Death Claim for a Murdered Loved One

Consider the following example: A young couple is enjoying a cocktail in a bar when a shooter enters the bar and opens fire. The woman is shot and severely wounded. She is transported to the hospital, where doctors try to save her life. Unfortunately, the young lady passes away a few days later.

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 Posted on May 18,2023 in Car Accidents

Personal injury claims can be used to recover financial compensation for lost wages, medical expenses, vehicle damage, and other losses caused by a car accident. However, to recover compensation, you must adequately prove that the other party caused the accident and the resulting damages. Many car accident cases become “he said, she said” situations in which both drivers blame each other for the crash.

Proving that another driver was at fault for a crash can be a complex endeavor. One tool you may find useful is accident reconstruction.

What is Accident Reconstruction?

Car accidents are complicated, multifaceted events. Countless factors may lead up to a car accident. Understanding exactly what happened to cause a car accident is rarely simple. Accident reconstruction is the process of evaluating evidence, determining the cause of an accident, and reconstructing the accident through computer models or diagrams.

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 Posted on May 11,2023 in Medical Malpractice

Medical mistakes vary in severity. Some mistakes are harmless and only result in mild frustration or wasted time. However, other medical mistakes are so catastrophic that they forever change the patient’s life. “Never events” are medical errors that are so egregious they should never happen.

If you or a loved one were the victim of a serious medical mistake causing injury or death, you have the right to pursue justice and financial compensation through a medical malpractice claim. Reach out to an experienced medical malpractice attorney to discuss your situation in detail and learn about your legal options.

What is a Never Mistake?

Never events can be broadly classified as mistakes that are preventable and result in severe or fatal harm to a patient. Doctors, surgeons, and other medical professionals have a legal duty to meet the medical standard of care. This means that they must act with a reasonable degree of proficiency. In many medical malpractice cases, it can be hard to know exactly what constitutes the standard of care. However, certain mistakes are so egregious that there is little room for debate.

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 Posted on May 03,2023 in Personal Injury

Tractors and related vehicles are essential to the agricultural industry. However, traffic accidents involving tractors can be catastrophic and even deadly. If you or a loved one were involved in a tractor accident, either as a tractor operator, a pedestrian, or another motorist, it is important to know your legal rights and options. Depending on the circumstances of the crash, you may be entitled to compensation through workers’ compensation or a personal injury claim.

Legal Rights of Injured Farm Workers

Farm workers and others in the agricultural industry are often required to operate tractors on public roads. They may need to transport the tractor from one farm to another or reach a property that is not connected to the main farm. Whatever the reason, motor vehicle collisions involving tractors often lead to serious injuries.

If you are a farm worker who was struck by a motorist while you were on a tractor, you have two main options for pursuing compensation for your medical bills and other damages. If you are an employee, were operating the tractor during work hours, and were operating the tractor as a part of your work duties, you should be covered under Illinois workers’ compensation laws. You have the right to file a workers’ compensation claim and request compensation for your medical expenses and part of your lost income while you are recovering.

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 Posted on April 28,2023 in Personal Injury

A personal injury lawsuit is a means of pursuing financial compensation for harm caused by another party’s negligence. The plaintiff, or the individual who was injured, brings the lawsuit against the party who was responsible for his or her injury, called the defendant. The defendant may be a negligent driver, an insurance company, a property owner, a business, or even a government entity.

A crucial aspect of a personal injury lawsuit is discovery. During the discovery process, the defendant and the plaintiff gather information about the facts of the case using various legal tools. The information gathered during discovery may help the parties negotiate a settlement and avoid taking the case to trial. If no settlement is reached and the case does go to trial, the information gathered during discovery will be used as evidence in court.

Information-Gathering Strategies Used in a Personal Injury Lawsuit

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 Posted on April 20,2023 in Personal Injury

Severe and catastrophic burn injuries can occur in a car accident, equipment-related accident, fire, workplace accident, farm accident, or a number of other situations. Suffering a severe burn injury is a life-changing experience. Not only are burns extremely painful, but they also often lead to permanent disfigurement. Furthermore, the psychological trauma associated with a severe burn may plague the burn victim for years or decades.

When a burn injury is caused by another party's recklessness, carelessness, intentional wrongdoing, or negligence, the victim may be able to take legal action against that party. A personal injury claim can be used to pursue monetary damages as well as justice for the terrible event.

Legal Rights of Burn Injury Victims in Illinois

Illinois law allows an injured person to file a civil claim for damages against the party who caused his or her injury. The party responsible for a severe burn may be a negligent driver, property owner, contractor at a construction site, product manufacturer, or numerous other parties.

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 Posted on April 14,2023 in Workers' Compensation

Work-related injuries can lead to physical, emotional, and financial hardship for workers and their families. In Illinois, injured workers will be eligible for workers' compensation benefits, as long as an injury occurred while they were working or arose out of their employment. Workers' comp benefits address medical expenses related to a work injury, and they also provide wage replacement for those who experience disabilities. In some cases, a person may be totally disabled, meaning that the injuries they suffered prevent them from returning to work and earning an income. In these situations, it is important to understand the total disability benefits that will be available through workers' compensation.

Temporary Total Disability (TTD)

Depending on the severity of an injury, a person may be unable to work while they are recovering. For example, a back injury may prevent a person from walking, standing in place for extended periods of time, bending over, lifting objects, or performing other work-related tasks. Especially serious injuries may even require a person to remain in bed or a seated position throughout the day, making it impossible for them to perform any work. For those who are unable to work at all during a period of recovery, TTD benefits will help cover some of the income they would have been able to earn during that time. A person may also receive these benefits if they have been approved for light-duty work by their doctor, but their employer is unable to accommodate them and provide them with a temporary position with duties that fit their limitations.

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 Posted on April 07,2023 in Car Accidents

Car accidents and truck accidents are very dramatic with regard to severity. Some accident victims are able to walk away from the crash relatively unscathed. They may have a few bumps and bruises, but the crash does not have a lasting impact on their quality of life or ability to work. For others, the accident represents one of the most significant life events they ever experience.

Crashes resulting in dismemberment or requiring surgical amputation of a limb are rare. However, they do occur. If you or a loved one suffered an amputation injury as a result of a car accident, it is crucial that you understand your legal rights and options.

Legal Options After a Car Crash Resulting in Amputation

Illinois law gives crash victims the option to bring a personal injury claim against the party who caused the accident. In many cases, the at-fault party is another driver. Distracted driving, intoxicated driving, speeding, failure to yield, and other forms of negligent driving are common causes of accidents in Illinois. The liable party could also be a commercial trucking company, manufacturer or designer of vehicle parts, or several other parties.

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 Posted on March 23,2023 in Personal Injury

Many people swear by chiropractic care, believing it can help relieve back pain and other ailments. However, chiropractic treatments can cause serious injuries if not done correctly. If you or a loved one have been injured as a result of chiropractic adjustments or other treatments, you may be wondering: Can I sue a chiropractor for an injury?

Chiropractors and the Duty of Care

Like all medical professionals, chiropractors are required to maintain a professional standard of care when providing treatment. This means that they must adhere to certain protocols, such as obtaining a full patient history, following accepted medical practices, and getting informed consent from their patients. If the chiropractor fails to meet this standard of care, then they may be considered negligent and, therefore, liable for damages.

Chiropractors can make mistakes during adjustments that seriously injure patients. For example, a chiropractor can misapply force to an area of the body that is not meant to be manipulated, causing damage or tissue tears. In extreme cases, improper chiropractic treatments can lead to pinched nerves, herniated discs, or even broken bones. Tragically, in rare cases, chiropractor malpractice is fatal. Vertebral artery dissection caused by improper chiropractic care can lead to ischemic stroke, thrombus formation, paralysis, or death.

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