Recent Blog Posts
What Damages Can I Recover in an Illinois Personal Injury Lawsuit?
A personal injury claim is a claim used to seek restitution after an injury caused by wrongdoing or negligence. Car crashes, truck accidents, slip and fall accidents, dog bites, and many other situations can lead to a personal injury claim. The party responsible for the injury may be a property owner, business, trucking company, drunk driver, or another party. Personal injury claims not only hold the liable party answerable for the harm caused by their actions, they may also provide financial relief. The amount of compensation you can get in a personal injury case varies depending on the severity of the injuries and other factors.
What Are the Long-Term Effects of a Traumatic Brain Injury?
Of the different types of injuries that a person may experience, traumatic brain injuries (TBIs) are among the most serious. Unfortunately, injuries affecting the brain are not always recognized or understood. Following an incident such as a car accident or a slip and fall, a person will likely focus on forms of bodily harm that are immediately evident, such as broken bones. They may not even realize that they suffered a brain injury until several days or weeks later, and they may not associate their symptoms with the accident where the injury occurred. For those who have been injured, it is important to understand the effects that a brain injury can have, and by doing so, they can pursue compensation for the ways the injury has impacted their life.
Can I Sue If a Fatigued Driver Caused My Injuries in a Car Accident?
Most people greatly underestimate the effect that being sleepy has on their ability to drive. According to the National Safety Council, being awake for 20 or more hours straight has the same effect on driving as being intoxicated. If you were injured in a car accident caused by a driver who was too fatigued to drive safely, it is important to know your rights. You may be able to hold the driver accountable and recover compensation through a personal injury claim.
Negligent Driving Caused by Sleep Deprivation
What Must I Prove to Get Compensation for Slip and Fall Injuries?
In a split second, a slip and fall accident can cause agonizing injuries. If you or a loved one were hurt in a slip and fall or trip and fall accident, you may be interested in seeking compensation for your damages. Medical expenses, lost wages, pain and suffering, and other damages may be recoverable through a premises liability claim. To receive compensation, however, you will need to prove that your injuries were caused by the property owner’s negligence.
Property Owner Negligence in a Slip and Fall Accident
Slip and fall accidents can lead to painful injuries that incur a massive amount of medical debt. Many slip and fall accident victims are also left unable to work or complete daily responsibilities because of their injuries. Financial compensation for these physical injuries and other losses may be available through a premises liability claim. However, the burden of proof in a slip and fall case is on the person seeking damages. This means that you and your attorney will need to demonstrate that the property owner or property occupier’s negligence caused the accident.
I Was Hit By An Uninsured Driver. Can I Still Receive Compensation?
Being the victim of any type of car accident is stressful. However, when your accident is caused by an uninsured driver, the situation becomes even more complicated. If you or a loved one were in a car accident involving an uninsured motorist, you may be unsure of what to do next. You are likely concerned about how you will pay for vehicle repair costs, medical fees, and other costs incurred by the accident, and whether or not you are fully responsible for the costs. With the help of a reputable accident attorney, you will be informed of your options as an Illinois driver.
Car Accident Liability in Illinois
Typically, the insurer of the driver who is at fault for a car accident is responsible for paying the damages resulting from the accident. Car insurance is mandatory in Illinois, however, some people choose to drive without auto insurance and in violation of the law. Others forget to renew their policy or fall behind on payments and lose coverage. If an uninsured or underinsured driver causes an accident, the people who sustained injuries and vehicle damage may assume that they are on the hook for the accident costs. However, there are options available to car accident victims that they may be unaware of.
What Are the Laws Regarding Dog Attacks in Illinois?
Dogs can be loving, loyal companions. However, dogs are also animals with sharp teeth and claws that are capable of causing severe injuries. If you or a loved one were bitten or otherwise injured by a dog, you may have questions about your legal rights. You may wonder, “Is the dog’s owner liable for my injuries?” or “Who will pay my medical bills?”. The laws regarding liability for dog attacks vary from state to state. In Illinois, there are many cases in which a dog owner is liable for damages caused in a dog attack.
Illinois is a Strict Liability State
State laws regarding injuries from dog attacks typically fall into two categories: laws based on strict liability and laws based on negligence. Some states do not hold a dog owner responsible for injuries caused in an attack if the owner did not know that the dog was dangerous. Dog owners in these so called “one-free-bite” states may avoid liability for injuries caused by their dog if their dog has never bitten someone before. However, Illinois is a strict liability state with regard to dog bites. An owner may be liable for injuries caused in a dog attack even if the dog has never bitten anyone or showed previous signs of aggression.
Filing a Wrongful Death Claim After Losing a Loved One in an Accident
Roughly 90 individuals tragically lose their lives in auto accidents every day in the U.S. If you have recently lost a loved one in a car accident, you may be interested in learning about your legal options. If your loved one’s death was caused by someone driving under the influence of alcohol (DUI) or violating other Illinois laws, the at-fault driver may face criminal charges. You also have the option of bringing a civil claim against the at-fault driver. Before proceeding with your case, it is important to have a good understanding of what is considered a wrongful death and what the legal claim process involves.
Understanding The Term “Wrongful Death”
According to Illinois law, a wrongful death is one that is caused by the wrongful, malicious, negligent, or reckless actions of another party. Wrongful death claims often accompany criminal charges for DUI or reckless driving, but criminal charges are not a prerequisite for a wrongful death claim. Many wrongful death claims involve:
Can I Sue for Injuries Caused by Falling Truck Cargo in Illinois?
While most trucks are loaded properly and driven responsibly, sometimes, truck cargo is improperly secured. Loose or falling truck cargo creates a deadly hazard for other motorists, with the possibility that the debris may strike another vehicle and cause catastrophic damage. Motorists may also get into an accident while swerving out of the way of the fallen truck freight. Cargo that is loose can shift within a trailer causing a truck to become dangerously off-balance and out of the truck driver’s control. If you or a loved one were harmed in a truck accident caused by shifting or loose cargo, you may be entitled to compensation.
Determining Who is Liable For Your Truck Accident
Liability for your accident may fall on several different parties. It is also possible that more than one party’s actions contributed to the severity of the accident. The party legally responsible for your injuries may be:
What Factors Affect the Amount of Damages Received After a Car Crash?
In Illinois, any person found “at fault” in an incident involving bodily injury or physical damage to property will be held liable to pay the other party. This is common when determining liability for car accident damages and injuries. However, this does not always mean that a court will order one party to fully cover another’s losses. Instead, some limitations can greatly affect the amount of compensation the liable party will owe, so it is important to understand what those restrictions are. If you have any questions or concerns regarding a personal injury case, speak with an attorney knowledgeable in Illinois tort laws to protect your rights to compensation.
Illinois Code of Civil Procedure
The Illinois Code of Civil Procedure clarifies how Illinois’ tort liability laws are applied in a settlement. Although a theoretical definition of tort laws suggests that one party may be at fault while the other receives compensation from the responsible party’s insurance company, real-world cases tend to entail negligence from both parties involved in an accident. This does not instantly disqualify a plaintiff from receiving compensation after an accident. Instead, he or she just has to prove that the other party was more than 50 percent at fault.
How Do I File a Claim After a Bus Accident in Illinois?
Many people understand the general process they must go through if they get into a car accident, but what if they were in a bus accident? Filing an injury claim to receive compensation from the party at fault is somewhat more complicated in cases like these. However, with a capable attorney and a thorough understanding of how public transportation liability works in Illinois, you will be able to pursue the compensation that you deserve.
Different Types of Bus Accidents
Unlike car accidents, the insurance claim process differs depending on whether you are a passenger on a bus or if a bus hits your car. If you are a passenger, you must first determine whether the bus driver or another driver was primarily responsible for the accident.
If another driver was at fault, the process is nearly identical to an ordinary car accident. You and your attorney must prove that the other driver did not drive with a reasonable degree of care. Pointing to any facts implying that the other driver was speeding, distracted, or under the influence will quickly prove that that driver is at fault.