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Recent Blog Posts
How Can EDR Data and Camera Footage Support a Truck Accident Claim?
Being involved in a serious truck accident can leave an individual injured, in pain, and with a massive financial burden. If you were injured in a truck accident or your loved one was killed in a fatal truck crash, you may be able to hold the at-fault party accountable for the damages incurred by your truck accident through a personal injury claim. However, to do so, you will need to prove that the actions taken by the truck driver, trucking company, or other negligent party caused your injuries. There are many different types of evidence that a personal injury attorney may use to prove the elements needed to secure compensation for you.
Event Data Recorders
Many modern vehicles, including most commercial trucks, are equipped with technology that records vehicle information. An event data recorder (EDR) or accident data recorder is similar to the “black box” of an airplane. The majority of commercial trucks have such a device. EDRs record information about how and where a vehicle was driven. Information about speed, acceleration, braking, steering, and more may be gathered from an EDR. This data can be extremely useful in a truck accident claim. However, many EDRs only store vehicle information for a certain period of time. Gathering this data before it is deleted or recorded over is crucial.
Do I Have a Valid Slip and Fall Injury Claim?
If you or a loved one were recently injured in a slip and fall or trip and fall accident, you may wonder what legal remedies you have at your disposal. A slip and fall injury claim may help you recover financial compensation for medical bills, lost wages from missed work, and other damages. However, a successful personal injury claim is only possible if certain elements are present. To know whether or not you have a valid injury claim and may be entitled to compensation, you must consider the circumstances of the accident, and whether a party’s negligence contributed to the fall accident.
Property Owners Have a Legal Obligation to Maintain a Safe Premises
According to Illinois premises liability laws, property owners or occupiers must keep their properties reasonably safe for individuals who are lawfully visiting the property. This responsibility extends to the owners of properties such as:
Can I Sue Another Driver for an Accident Caused by Road Rage?
Most people would agree that traffic can be a major source of frustration and anger. However, part of being a good driver is not letting negative emotions lead to unsafe driving. “Road rage” can lead to severe or even deadly car accidents. If you or a loved one were injured in a car accident caused by road rage, you may be entitled to financial compensation for your damages.
Some Sources Say Road Rage is on the Rise
“Road rage” or intense anger behind the wheel can be caused by countless situations. Being tailgated, driving behind someone traveling well below the speed limit, running late, and many other factors can increase a person’s frustration and cause them to experience road rage. Some instances of road rage turn into physical altercations. Other times, an angry driver may intentionally drive in a dangerous manner or even try to run another driver off the road. One study from the National Highway Traffic Safety Administration found that aggressive driving increased by a factor of 500 percent within a single decade. Other studies have showed that a significant percentage of drivers admit to dangerous behaviors such as intentionally tailgating other vehicles.
I Was Harmed by an Emergency Room Mistake. Do I Have a Medical Malpractice Claim?
Going to the emergency room is rarely a pleasant experience. A person may go to the ER because they are having chest pain and are worried that the pain is the first sign of a heart attack. They may also visit the ER after having a severe allergic reaction. Abdominal pain, broken bones, lacerations, migraine headaches, fevers, and other medical concerns may also lead someone to visit the emergency room. Unfortunately, some ER patients go to the facility seeking answers and relief but end up being victims of harmful medical mistakes.
Emergency Room Errors Can Lead to Preventable Suffering and Death
Emergency room doctors, nurses, and other staff have the important task of evaluating patients’ symptoms and determining the necessary course of action. When an ER worker makes a mistake that leads to a patient’s injury or death, the medical worker or the medical facility may be liable for damages. Often, emergency room malpractice claims arise because of delayed diagnosis or misdiagnosis. Consider the following example: A patient visits the emergency room because he or she is having severe abdominal pain. Staff assure him that his symptoms are caused by a simple case of indigestion when in actuality, the patient is suffering from appendicitis. The patient goes home and suffers a ruptured appendix. In a situation such as this, the emergency room staff’s failure to accurately diagnose appendicitis may lead to an emergency room malpractice claim.
When is a Bar or Nightclub Liable for Injuries Caused in a Fight?
When we think about restaurants, bars, and nightclubs, we typically envision friends getting together to have a few drinks, eat a meal, dance, and enjoy themselves. Unfortunately, sometimes a night out turns into a nightmare. If you or a loved one was the victim of assault or battery at a bar, nightclub, or other commercial establishment, you may have questions about liability. Even if the police were called and the person who attacked you is facing criminal charges, you may still be left with serious expenses related to your injuries. In some cases, the establishment in which someone was physically attacked is liable for the costs suffered by the victim. However, bars and other establishments are only liable for injuries from an attack in certain situations.
Physical Attacks Can Lead to Considerable Damages
Can Medical Malpractice During Childbirth Cause Erb’s Palsy?
Have you ever stopped to consider how often you use your arms? Most people use their arms to drive, eat, work, clean, and perform countless other tasks. When an injury causes someone to experience reduced functioning in one or both arms, this can have a major impact on his or her life. Erb’s palsy is a condition typically caused by difficulties during a child’s birth that results in partial or complete paralysis of the arm. Sometimes, surgery and other medical interventions can remedy the paralysis and loss of sensation. In other cases, an infant who suffers from Erb’s palsy is left with impaired functioning and disfigurement for the rest of his or her life.
How Does Erb’s Palsy Occur?
Erb’s palsy is typically caused by damage to a network of nerves in the neck and shoulders called the brachial plexus. In the majority of cases, the nerve damage is caused by a complication during birth called shoulder dystocia. When an infant suffers shoulder dystocia, one or both of the infant’s shoulder’s become stuck in the birth canal. There are four main categories of Erb’s palsy:
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.
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