Posted on July 22, 2022 in Car Accident

There are nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”

Comparative Negligence Laws in Illinois

The state of Illinois uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to as “contributory fault.” This means that Illinois courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages.

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 Posted on July 18, 2022 in Brain Injury

Head injuries are unlike other types of personal injury in that even a seemingly minor accident can have life-altering consequences. When a victim’s head is struck or moved in a violent or sudden manner, the brain may bump against the skull, causing severe injury. Brain injuries are often caused by car, truck, and motorcycle accidents, but they can also be caused by falls, workplace accidents, and more.

Regardless of how a brain injury occurs, the effects can be dramatic. Some who suffer brain injuries are unable to work or enjoy their lives in the way they did before the injury. In many cases, brain injuries incur substantial medical costs, including emergency room visits and ongoing doctor visits and tests. If you were injured as a result of another party’s negligence or carelessness, you might be able to receive compensation for your damages.

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 Posted on June 29, 2022 in Wrongful Death

The sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party is held accountable. The unexpected medical, funeral, and other associated costs can take a financial toll on even the most economically stable families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. It is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

Personal injury claims, including wrongful death suits, have a set limit within the state of Illinois during which you can file against a defendant. After the allotted time passes without a claim, no new litigation is applicable. Each state determines its statutes, and in Illinois, the statute of limitation for most wrongful death actions is two years from the date of the person’s death. If the death was caused by “violent intentional conduct,” the statute of limitations is five years from the date of the death. If the legal process begins before the limit passes, the suit may continue.

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 Posted on June 22, 2022 in Brain Injury

According to the Centers for Disease Control and Prevention, car accidents are the second leading cause of traumatic brain injury (TBI) hospitalizations, accounting for about 20 percent of these serious injuries. The force of a collision makes concussions and other brain injuries unfortunately common, and the effects can be long-lasting or even permanent. If you or a loved one has suffered a TBI in a car crash, an attorney can help you make the case for all possible compensation.

What is a Traumatic Brain Injury?

A TBI is an injury to the brain that results from a forceful blow to the head. The best-known example of a traumatic brain injury is a concussion, but depending on the force of the impact, TBIs can be much more serious. For a brain injury to be considered traumatic, it must affect regular brain functions in the short or long term, or both.

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 Posted on June 15, 2022 in Car Accident

Our nation’s roads have often proven dangerous for bicyclists in recent years. Each year, more than 900 bike riders are killed in tragic accidents, and with gas prices on the rise, bicycle traffic is only expected to increase this summer.

Bicyclists typically have fewer physical protections than motor vehicle occupants, and accidents involving a high-speed collision with a car or truck can have especially severe consequences. However, bicyclists do have legal rights in Illinois, including the right to pursue compensation if they are injured due to another person’s negligence.

Driver Negligence in Bicycle Accidents

In many serious bike crashes, fault lies primarily or entirely with the driver of a motor vehicle that collided with the bicyclist. Some driver behaviors that can constitute negligence include:

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 Posted on May 26, 2022 in Car Accident

Accidents caused by drunk drivers injure and kill thousands of people every year. In many cases, the injuries from these accidents take months or even years to recover from, and some people will never fully recover. Under Illinois law, when you are injured because of someone else’s negligence, you may have a right to be compensated for your injuries, economic losses, and pain and suffering.

Blood Alcohol Level and Negligence

Anyone found to have a blood-alcohol level (BAC) of .08 or higher is legally intoxicated in Illinois. This means that a driver cannot defend against claims for damages by claiming he or she was not impaired. But, even if someone has a BAC of less than .08 they may still have been driving impaired and legally responsible for the accident.

Personal injury law requires that a person making a claim for damages be able to prove four things:

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 Posted on May 23, 2022 in Medical Malpractice

Medical malpractice is, unfortunately, not uncommon in the United States. According to leading medical experts, medical errors have become the third-leading cause of death in the U.S., right behind heart disease and cancer. Medical mistakes cause somewhere around 250,000 deaths each year - yet many of them are preventable. Medical malpractice can cause injuries that lead to lifelong disabilities or even death, though malpractice claims can be tricky to prove. Understanding how you must prove the negligence of a doctor is crucial to a successful medical malpractice lawsuit.

Three Elements of Medical Negligence

There are three things that you must prove when it comes to medical negligence in Illinois. First, you must prove that the standard of care that your physician owed to you was violated. Second, you must prove that an injury resulted from that violation, and third, you must prove that your injury had damaging consequences on your health. All three elements must be proven in order for your case to be considered legitimate.

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 Posted on May 19, 2022 in Car Accident

Every year, thousands of people are severely injured or even killed in car accidents. Sometimes the cause of the injuries seems obvious. However, in some instances, a defect or malfunction in your car may have made your injuries worse than they otherwise would have been.

Discovering Automobile Defects

While some vehicles become notorious for their defects, other more routine defects pass through unknown to most people. For example, some SUVs are well known to have a higher risk of rollover rates or roof-crush injuries. It is much lesser-known, however, that there are thousands of components in a car that may not be working properly which could make injuries in a car accident much worse.

In many cases, such defects will not be discovered unless a crash reconstruction expert examines the evidence. The expert may find that a seatbelt or airbag failed to work as designed. It may become clear that your injuries were actually made worse caused by something inside your own car.

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 Posted on April 28, 2022 in Medical Malpractice

You may be surprised to learn that medical errors are the third leading cause of death in the United States. One Johns Hopkins study estimates that 250,000 and 440,000 people pass away every year due to medical mistakes across the country. When you or a loved one has an unexpected medical emergency, you may drive to the emergency room to get the medical care you need. Although the majority of hospital emergency rooms safely provide the life-saving care that patients need without error, emergency room mistakes do happen.

ER Errors Can Be Devastating to the Victim

When someone experiences a drastic change in their health, they might be inclined to go to the emergency room. Because emergency room doctors and other medical staff are often dealing with high-stakes, time-sensitive medical emergencies, they must use extreme caution and focus when attending to patients. Unfortunately, studies show that as many as 5-10 percent of all emergency room visits involve mistakes. Some of these mistakes will not make a notable difference in the patient’s condition, but others can be the difference between whether the patient lives or dies. Some of the most common emergency room mistakes include:

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 Posted on April 21, 2022 in Car Accident

With warmer weather quickly approaching, many riders are gearing up for rallies, runs, and good old-fashioned cruises. Sadly, the upcoming riding season also means headlines will soon feature motorcycle crashes. The “lucky” ones will suffer injuries that will one day heal. Others will suffer serious and life-altering injuries. Still others will experience a devastating crash – one that marks the end of their last ride.

What is most devastating about these crashes is that many will be the fault of another driver – someone who acted in a negligent way and then cost a family or rider a life, a limb, mobility, money, or employment. In such situations, the victim may be owed compensation. The following explains further and provides you with some key details on protecting your rights.

Negligence is a Common Factor in Motorcycle Accidents

Despite all the campaigns to “look twice and save a life,” the failure to register or “see” a motorcyclist is one of the most common factors in motorcycle crashes. Another major issue and contributing factor in motorcycle accidents is a driver’s failure to yield when the motorcyclist has the right of way. An intersection where the motorcyclist is turning left is the most common situation in which this occurs, but it can also happen when the motorcycle is on a straightaway and the other driver must enter the motorcyclist’s path to merge into traffic. All it takes is a moment of inattention by a driver for a tragic accident to take place.

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