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What is the Role of Presumed Negligence in a Personal Injury Lawsuit?
The vast majority of personal injury lawsuits involve the concept of negligence. When a negligent party’s carelessness causes another person to be injured or killed, the negligent party is liable for the damages caused by the injury or death. Proving that the defendant acted negligently is often the most complicated and challenging part of a personal injury lawsuit.
In some cases, however, a defendant in a personal injury case is automatically presumed to have been negligent. The legal concept of "negligence per se" can help if another person’s recklessness injured you or a loved one. A knowledgeable Illinois lawyer from Mannarino & Brasfield, A Division of Schwartz Injury Law can help you establish negligence and liability and then work to help you get the full compensation you deserve.
Main Elements of a Negligence Claim
Typically, there are four elements to establishing negligence in a personal injury case. First, you and your lawyer must prove that the defendant owed you a "duty of care." Duty of care simply means that the defendant was obligated to act in a way that would not put the plaintiff at an unreasonable risk of harm. For example, a property owner who invites guests onto his property has a duty to maintain reasonably safe premises that do not include environmental hazards like broken stairs.
Is Failure to Diagnose Preeclampsia Medical Malpractice? | Illinois
Although some expectant mothers experience minor issues such as morning sickness and heartburn, some develop severe conditions that endanger both mother and child. Preeclampsia, also called toxemia, is such a condition. Failing to diagnose and treat preeclampsia promptly can lead to devastating consequences. Although this condition is somewhat rare, any obstetrician or midwife should be well aware of its symptoms and potential risks.
If you, your spouse, or your child suffered harm because your healthcare provider failed to diagnose preeclampsia, you could be entitled to compensation through a medical malpractice or wrongful death claim. A trusted Illinois birth injuries attorney from Mannarino & Brasfield, A Division of Schwartz Injury Law can assess your situation, gather supporting evidence, and fight to help you obtain all eligible damages.
Who Is Liable for Paying Me After a Multiple Vehicle Crash?
Car accidents can cause significant vehicle damage and catastrophic injuries. When someone else is responsible for causing one, they are likely responsible for paying your damages. Many crashes involve only two vehicles, making it somewhat easier to establish fault. Unfortunately, multiple cars can collide in a chain reaction, increasing the severity of injuries and complicating liability.
If you are injured in a multiple-vehicle crash, who is responsible for paying you? Are these claims complicated? The knowledgeable attorneys at Mannarino & Brasfield, A Division of Schwartz Injury Law can give you answers during your free consultation.
How Is Fault Determined in Multiple-Vehicle Pileups?
Fault must be determined to allow you the opportunity to file one or more car accident insurance claims. In Illinois, you are likely eligible for compensation if you are less than 51 percent responsible for causing your crash. However, your total recovery is reduced by your percentage of fault.
Male or Childhood Breast Cancer Misdiagnosis: Can I Sue?
When you hear of someone having breast cancer, you probably automatically assume it is a woman. Did you know that men and children can also develop breast cancer? Although rare, physicians should be aware of these possibilities to allow for prompt diagnosis and treatment. Unfortunately, breast cancer in these uncommon groups is often misdiagnosed.
You may be entitled to compensation through a medical malpractice claim if you suffer harm due to a breast cancer misdiagnosis. These cases are often complex, but the knowledgeable attorneys from Mannarino & Brasfield, A Division of Schwartz Injury Law thrive on complicated cases and know how to get you the compensation you deserve.
How Does Breast Cancer Affect Men and Children?
Childhood or male breast cancer is often not caught at earlier stages because these patients do not usually undergo routine screening mammograms as women do. This rare cancer typically affects men who are at least 60 years old, with symptoms including:
What Are Never Events, and What Should I Do If I Face One?
Anyone can make a mistake, even doctors. However, some mistakes are so shocking that they should never happen. Termed "never events" in 2001, these medical errors are usually avoidable. Victims can face severe consequences, and the at-fault medical professionals should pay for their negligence.
What is a never event? What options do you have if one happens to you? The stalwart attorneys at Mannarino & Brasfield, A Division of Schwartz Injury Law can help you get the maximum available compensation through a medical malpractice or wrongful death claim and hold the responsible parties accountable.
What is a Never Event?
These adverse medical events are typically preventable, clearly measurable, and cause significant harm or even death. The National Quality Forum maintains a list of never events, categorized by type. These include:
Can I Sue If My Child’s Catastrophic Injury Leads to Death?
Catastrophic injuries, like spinal cord damage, severe burns, and traumatic brain injuries, often leave victims fighting for their lives. They may experience significant pain during medical treatment, only to eventually lose their fight, dying as a result of their injuries. Although you do not want to see anyone in that situation, it is more devastating when it is your young child.
If someone else caused your child’s catastrophic injuries, you may be entitled to compensation through a wrongful death action. How do you know if you are eligible? What damages could you receive? The compassionate attorneys from Mannarino & Brasfield, A Division of Schwartz Injury Law invite you to discuss your concerns with us during your free consultation.
What Happens if Someone Gets an Infection in a Nursing Home? | IL
The Illinois Nursing Home Care Act obligates nursing homes and other long-term care facilities to meet multiple care standards to safeguard patients. Cleanliness, assistance with personal hygiene, and prompt medical treatment are among the many responsibilities these facilities have. Most nursing home patients are elderly and have a higher susceptibility to infections.
Proper medical care to treat infections that arise usually prevents severe consequences. Untreated infections are capable of causing life-threatening conditions that may require surgical intervention, additional treatment, and around-the-clock monitoring. If your parent’s condition worsened due to nursing home neglect, a dedicated lawyer from Mannarino & Brasfield, A Division of Schwartz Injury Law can hold the responsible parties accountable and help you get a settlement amount that covers all your parent’s damages.
Can I Sue the Government for My Catastrophic Injury in IL?
A traffic light pole that was apparently rusted recently fell at the intersection of Morgan and Washington in Chicago’s West Loop. Although no one was injured in that incident, the government agency responsible for maintaining that pole would likely have been liable if someone had been hit when it fell.
Suppose you sustained a catastrophic spinal cord injury because a defective traffic light fell on you as you were walking through an intersection. Would you be able to get compensation through a personal injury claim? What kinds of damages would you be eligible to receive? Call for your free consultation with an experienced attorney from Mannarino & Brasfield, A Division of Schwartz Injury Law to discuss your case.
Why Are Spinal Cord Injuries Considered Catastrophic?
Catastrophic injuries are more severe than others, with the physical wounds frequently producing long-term consequences that can permanently impact the victim’s quality of life. If you have spinal cord damage, you may be temporarily or permanently paralyzed. In some cases, you might retain some limited functions while others are impaired. This disability can affect you financially, mentally, and emotionally. You may have to adjust to a new way of life.
Can Pedestrians Be At Fault for Car Accidents? | IL
Whether walking for exercise, pleasure, or simply to get to their destinations, pedestrians are a common sight in Rockford, IL. When you hear about a pedestrian accident, you probably assume a careless driver was at fault. But did you know that pedestrians may share the blame or be fully responsible for these collisions?
Pedestrians are extremely vulnerable to any kind of motor vehicle collision, often sustaining severe or catastrophic injuries. Fatalities are not uncommon. If you were involved in a pedestrian accident, you may be entitled to compensation, and the skilled attorneys at Mannarino & Brasfield, A Division of Schwartz Injury Law can help to maximize your settlement.
How Is Fault Determined in Pedestrian Accidents?
Illinois drivers have several traffic laws to follow, and they are also legally obligated to use reasonable care to avoid harming others. Pedestrians must also follow Illinois laws. Although motorists should usually yield the right of way, pedestrians must yield to cars in some situations.
Is Falling on Stadium Bleachers a Premises Liability Case?
When you go shopping or to a restaurant, a public park, a neighbor’s home, or a football game, you rightly expect the property to be safe. However, accidents can happen anytime, anywhere. Suppose you fall on the bleachers at a football game. You may be eligible for compensation through a premises liability claim.
How do you know if your fall qualifies? Who is responsible for paying your damages? Do you need evidence, and if so, how can you prove what happened? A knowledgeable personal injury attorney from Mannarino & Brasfield, A Division of Schwartz Injury Law will discuss your case and can answer those questions during your free consultation.
What Is Premises Liability?
Someone is always responsible for keeping properties safe, whether it is a property owner, business, organization, or government agency. "Premises" can refer to outdoor spaces, businesses, buildings, and other structures, while "liability" translates roughly to "responsibility." For football stadium bleachers, the responsible party might be a government agency for public schools, a private school board of trustees, the stadium owner, or the football team.
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