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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 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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