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Recent Blog Posts
What is Comparative Fault and How Does It Apply to a Personal Injury Claim?
While the basic concepts of personal injury law are generally the same, the details vary from state to state. However, these variances can make a significant impact on an injured person’s potential recovery. The amount of compensation you may receive through a personal injury lawsuit can be affected by many different factors, including the injured person’s own negligence at the time of their injury. If a plaintiff is partially at fault for the accident that caused their injuries in Illinois, the legal doctrine of comparative fault will apply.
Comparative Negligence for Accidents Caused by Shared Fault
Blame for any type of accident is rarely black and white. A car accident may occur because of a combination of factors. Weather conditions, road conditions, the speed at which the vehicles were traveling, distracted driving, and many other issues may affect the severity of an accident victim’s injuries. Illinois follows a legal doctrine called modified comparative negligence in personal injury claims involving shared fault. An injured person who is partially at fault for his or her own injuries may still be entitled to damages as long as he or she is not more at fault than the defendant. If an injured plaintiff is 50 percent or less at fault, he or she may still be able to recover damages. However, the amount of compensation he or she may recover is reduced by his or her percentage of fault. For example, a plaintiff who is found to be 10 percent at fault for an accident which causes $100,000 in damages may be able to recover $90,000.
Is Shoulder Dystocia Caused by Medical Malpractice?
The birth of a child can bring on a range of intense emotions. On one hand, anticipating the arrival of a new child is exciting and joyous. On the other hand, thinking about the sheer number of things that could potentially go wrong during labor and delivery can be terrifying. If you or a family member recently gave birth and the baby suffered a birth injury caused by shoulder dystocia, you may be left with several questions. Is shoulder dystocia preventable? Was my child’s birth injury caused by a medical mistake? Do I have a medical malpractice claim? The answers to these questions depend on your unique circumstances, however, there are situations in which shoulder dystocia is the result of medical malpractice.
What Causes Shoulder Dystocia?
Shoulder dystocia occurs during vaginal delivery when the baby is lodged against the mother’s pelvis. Carrying twins or multiples, macrosomia, maternal diabetes, medications used to induce labor, and the use of assistive tools such as forceps or vacuum extractors may increase the chances of shoulder dystocia. One or both of the baby’s shoulders may pin the baby inside the birth canal and prevent the baby from being delivered normally. Often, doctors can adjust the baby’s position and guide him or her though the birth canal unharmed. However, shoulder dystocia can also lead to serious birth injuries or even fetal death. Postpartum hemorrhage, uterine rupture, damage to the baby’s brachial plexus nerves, fractures, and asphyxia may all be caused by shoulder dystocia. A baby who experiences shoulder dystocia may even develop cerebral palsy, Erb’s palsy, Klumpke’s palsy, or other medical conditions that result in lifelong disabilities.
Suing for Damages After Suffering a Burn Injury
Burns are often terribly painful and can lead to lifelong, disfiguring scars. If you or a loved one suffered a burn injury because of another party’s negligent or irresponsible actions, you may be interested in bringing a lawsuit against the negligent party. A personal injury claim is a legal action that you can take to both hold the negligent party accountable and pursue compensation for your damages. You could be entitled to compensation for economic damages like medical bills and lost income as well as the non-economic damages incurred by your burn injury.
Bringing a Successful Burn Injury Claim
If you are like many people, you may not be sure what it takes to win a personal injury claim and successfully recover compensation for your damages. Most personal injury claims are founded upon an allegation of negligence. There are four major elements in a burn injury claim based on negligence.
How Do I Prove That I Was the Victim of Medical Malpractice?
No one expects doctors to be perfect, but they are held to a very high standard when it comes to patient care. Doctors or other medical professionals who make a mistake that leads to a patient's injury or death may face a medical malpractice claim. Whether you or a loved one were a victim of a birth injury, surgical mistake, or hospital error, you probably have questions about whether your situation constitutes medical malpractice. You may also be unsure of what it takes to bring a successful malpractice claim. Read on to learn about what actions may be considered medical malpractice and the main elements needed to win a medical malpractice claim.
Understanding When Malpractice Has Occurred
Few would argue against the idea that doctors, surgeons, nurses, and other medical workers have some of the hardest jobs in the world. Understandably, they sometimes make mistakes. Minor mistakes that do not result in significant patient harm are not examples of medical malpractice. However, when a medical professional makes an egregious mistake that the average medical worker would never make, and a patient is injured or killed as a result, that professional may face a civil claim for damages.
Was Your Truck Accident Caused by Inadequate Maintenance?
Truck accidents often lead to catastrophic consequences. If you were injured or your loved one was killed in a truck accident, you may be desperate for answers. You may have questions about how the truck accident occurred, who is legally responsible for the accident, and how you will pay for the massive costs incurred by the accident. Truck accident liability is often complex. The liable party may be the truck driver himself or herself, the trucking company, or a number of other parties. In some cases, a truck accident stems from inadequate truck maintenance and the party responsible for compensating the truck accident victims is the party who failed to properly maintain the truck.
Accidents Caused by Failure to Properly Maintain a Commercial Truck
We often assume that truck accidents are caused by driver error, however, there are many cases in which a truck driver is not the liable party in a truck accident claim. If the truck malfunctioned, improper truck maintenance could be to blame your accident. Truck companies have a legal duty to ensure that their trucks are regularly inspected and maintained. Inadequate truck maintenance can lead to dangerous defects, including:
C-Section Mistakes Can Seriously Harm Infants and Mothers
A Cesarean section or c-section is a surgical procedure that removes an infant from the mother’s womb. Some c-sections are planned while others are last-minute and necessitated by an unexpected medical complication. If you underwent a planned or emergency c-section and you or your child were injured, you may wonder if the injury was caused by a medical mistake. You may also want to know if the doctor or hospital is liable for the harm caused. In some cases, maternal injuries or birth injuries related to a c-section are caused by medical malpractice.
Delayed C-Section and Failure to Perform a C-Section
Cesarean sections carry certain risks, so many doctors advise women to avoid having a c-section unless it is necessary to protect her health or the health of her unborn child. However, there are some situations in which a traditional vaginal birth is much riskier than delivering via c-section. A doctor may recommend a c-section if there are complications such as:
What Are My Legal Options if My Loved One Was Killed by a Drunk Driver?
Drunk driving takes the lives of over 10,000 Americans each year. If your loved one was killed in a car accident involving a driver under the influence of alcohol, you may be interested in learning about your legal options. While no legal remedy can ever truly make up for your tragic loss, a wrongful death claim may enable you to recover compensation for the financial harm caused by your loved one’s death.
Compensation in a Wrongful Death Claim
Drunk drivers who cause fatal auto accidents can face significant criminal consequences. Surviving loved ones of those killed in drunk driving accidents also have the option of bringing a civil claim against the drunk driver. Through a wrongful death claim, you may be able to receive financial compensation for:
- The loss of your loved one’s financial support
Is Cerebral Palsy Always a Result of Medical Malpractice?
Cerebral palsy (CP) is a complex medical condition that experts are still learning more and more about every day. The most common symptom of cerebral palsy is trouble with movement and coordination. Some sufferers also experience difficulty with swallowing, speaking, hearing, and vision. Cognitive impairment is present in approximately one third of sufferers. CP can cause a range of symptoms, from relatively mild to severely disabling. If your child has developed cerebral palsy, you may have questions about how and why your child developed this life-changing condition.
What Causes Cerebral Palsy?
Cerebral palsy occurs when part of the brain is damaged or develops abnormally. Congenital cerebral palsy is CP that a child is born with, while acquired cerebral palsy is caused by brain damage during the beginning of the child’s life. CP can be caused by brain damage that occurs before the child is born, during labor and delivery, or shortly after birth. Trauma, reduced blood flow to the child’s brain, or even infections like viral encephalitis may cause a child to develop CP. There is still much about cerebral palsy that is unknown.
How Can A Personal Injury Attorney Help Me If I Was Injured in a Distracted Driving Accident?
Have you ever taken the time to look around at the other drivers while stuck in traffic? If so, you probably noticed that many of them were looking down at their smartphone. Whether it is electronic devices like cell phones, GPS units, and radios, or human distractions like children arguing in the backseat, distractions while driving are everywhere. Distracted driving has become a tremendous cause for concern in Illinois and throughout the United States. It is difficult to know for certain how many car accidents are caused by distracted drivers, but the Centers for Disease Control and Prevention (CDC) estimates that more than 1,000 people are hurt in distracted driving accidents every day in the U.S. If you or a loved one were involved in a car accident and you suspect distracted driving was a contributing factor, a personal injury attorney may help you recover compensation for your injuries..
When Are Punitive Damages Available in an Illinois Injury Case?
Damages are the financial and nonfinancial losses incurred as the result of an injury or death caused by another party’s negligence or wrongful act. “Compensatory damages” refers to the compensation an injured person receives for things like medical bills and lost wages. However, it is possible for a claimant in a personal injury case to receive “punitive damages” as well. Punitive damages, or exemplary damages, are above and beyond the compensation an injured person would typically receive and are only awarded in certain circumstances.
Illinois Law Regarding Punitive Damages
Punitive damages are intended to punish a defendant for actions that are exceptionally negligent or wrongful. The additional compensation awarded to the injured party serves as a deterrent against similar actions in the future. Illinois law states that punitive damages are awarded when a defendant's behavior was with “evil motive” or careless disregard for the risk of harm to others. The plaintiff in an injury claim must show that the defendant’s actions were sufficiently malicious or reckless to warrant punitive damages by “clear and convincing evidence." This burden of proof is much harder to satisfy than the “preponderance of the evidence” standard. Consequently, successfully recovering punitive damages after being injured by another party’s behavior will require the plaintiff to build a robust, evidence-based case.
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