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Recent Blog Posts
Can I File a Personal Injury Lawsuit if I Was Harmed Due to Inadequate Security?
When a person is harmed during a robbery or attack, criminal charges are often brought against the aggressor. While this may bring the perpetrator to justice, it does little to address the injuries caused to the victim. A person hurt in an act of physical violence may suffer lacerations, broken bones, internal organ damage, traumatic brain injury, and other serious physical injuries. He or she may also experience deep emotional pain and psychological scarring. In some cases, a civil lawsuit brought against the owner of the property on which the attack occurred may enable a victim to recover compensation.
What is Considered Negligent Security?
Property owners cannot be expected to prevent every injury on their property, but they are required to keep their property free of foreseeable dangers. This includes equipping the property with adequate lighting, locks, cameras, and other security measures. The level of security that a property should have is largely determined by the property’s location and the frequency of crime in the area. For example, If a store owner knows that two customers have already been mugged in the dark parking lot outside of his store, he should have lights installed and take other steps to help prevent future muggings. If he fails to take these steps and another customer is injured as a result, the customer may have a valid personal injury claim.
The Disturbing Problem of Surgeons Leaving Surgical Equipment in Patients’ Bodies
Whether it is an appendectomy, bypass surgery, cesarean section, carotid endarterectomy, or another surgical procedure, going in for surgery can be a scary experience. While most surgeries are successful and do not involve unexpected complications, not every surgery goes according to plan. Sometimes surgical procedures result in a patient’s injury or death, and there is nothing that the surgeons could have done to prevent it. Other times, it is the surgeon’s carelessness that is directly responsible for the negative outcome. One especially alarming example of medical negligence during surgery occurs when a surgeon leaves a foreign object inside the patient’s body.
Foreign Objects Left Behind During Surgery
Surgeons, nurses, anesthesiologists, and other medical staff involved in surgical procedures must complete years of rigorous classes and training before being permitted to perform surgery. Unfortunately, these medical professionals may still make mistakes that endanger the lives of their patients. Equipment such as scalpels, scissors, forceps, clamps, and sponges, are often used during surgical procedures. Surgeons and nurses are expected to keep track of these objects and ensure that no object is still inside the patient’s body when the surgery is complete. Unfortunately, misunderstandings and miscommunications can lead to equipment being forgotten. It is estimated that surgical equipment and other objects are left inside of patients’ bodies an average of 4,500–6,000 times each year in the United States.
How Does a Wrongful Death Claim Benefit Surviving Loved Ones?
Losing a spouse, parent, child, or sibling is tragic regardless of the circumstances. However, when a person’s death is caused by the reckless or malicious actions of another party, the loss is even more heartbreaking. If you have lost a loved one in an incident involving drunk driving, medical malpractice, a defective product, nursing home neglect, or another situation involving negligence or wrongdoing, you may wonder what your legal options are. In many cases, a wrongful death claim can help hold the at-fault party accountable for the death while also recovering compensation for the losses incurred by the death.
Understanding Illinois Wrongful Death Laws
In Illinois, a wrongful death is one that is caused by wrongful act, neglect, or default. A wrongful death claim is a civil claim filed by the personal representative of the deceased person. This is often the deceased person’s spouse, parent, or adult child. Wrongful death claims can help families collect compensation for a death which was caused by intentional acts or acts of negligence. Damages are paid to the surviving spouse and next of kin. The statute of limitations for Illinois wrongful death claims is typically two years from the date of the death. However, this limit may be extended in some situations.
What If I Am Injured in an Accident But Do Not Have Health Insurance?
Living without health insurance can be a large risk to take on, but you may feel as if you have no other option. It is no secret that the United States has some of the highest medical costs in the world, with many Americans uninsured. Luckily, many companies offer health insurance to their employees so that they are not financially destitute just for going to the doctor. The level of coverage varies based on the plan offered, meaning that some medical treatments will be covered by your insurance while others may require additional out-of-pocket fees. For those without health insurance, going to the doctor may be a last resort when injuries or illnesses begin to surface. While this may be acceptable for the common cold or flu, anyone who has been involved in a vehicle collision or workplace accident should seek immediate medical attention. Such accidents can lead to serious, and potentially fatal, injuries if left untreated. The fear of ongoing medical bills may have people thinking otherwise, but luckily, there are options for those without insurance who have been injured in an accident.
Nursing Home Inattention Can Lead to Life-Threatening Sepsis
Making the decision to place your loved one in a nursing home can be a difficult, but necessary, conclusion that many children will come to as their parents advance in age. Maybe you do not have space to house your elderly parents or perhaps their conditions require medical attention around the clock. Regardless of the reasons behind the action, you are entrusting your loved one’s well-being in the hands of someone else. The staff at nursing homes are trained professionals and should be well-equipped to handle any circumstances that may arise. Unfortunately, neglect and abuse are common occurrences behind nursing home doors. Without adequate attention, your elderly parent could see his or her future taking a quick turn for the worse as a result of life-threatening conditions, including sepsis.
What Are the Illinois Liability Laws Regarding Alcohol?
Have you ever been to a bar or a party and witnessed someone having too much alcohol to drink? It is a common occurrence for individuals who are underage or who have just recently turned 21 to drink a few too many. When alcohol is involved, accidents with injuries can occur. When you are the injured party, you may be able to hold multiple parties responsible. Illinois has two laws that address the danger that overconsumption can place on others. If you have been injured on account of someone’s level of alcohol consumption, you may be able to prove that the serving party is liable.
Dram Shop Laws
Illinois law provides legal protection to those who have been injured by an intoxicated party. For instance, someone who gets pushed and injured by an intoxicated person at a bar or someone who is hit by a drunk driver may wish to press charges against the intoxicated individual and the bar itself. The person who causes the injury, aka the drunk individual, cannot use Illinois’ dram shop law to his or her benefit. This law is solely for the purpose of providing compensation to the sober, injured individual to make up for any medical costs, time away from work, and emotional distress that the accident may have caused.
Misdiagnosis Versus Missed Diagnosis: Which Applies to My Case?
Unfortunately, a high number of patients each year suffer from unexplained symptoms and inaccurate diagnoses. Patients often forget that despite the responsibility that medical professionals are given, they do make unintentional mistakes from time to time. While this may be acceptable in other professional fields, a seemingly minor mixup from a nurse, doctor, or other medical professionals can be deadly. If you have been a victim of medical malpractice, it is pertinent that you seek legal help immediately. This timeliness will allow you to make an accurate claim and receive deserved compensation to cover any impending medical bills, time lost at work, or other financial obligations.
Which Claim Can I Pursue?
All lawsuits concerning healthcare discrepancies fall under the large legal umbrella of medical malpractice. However, you and your attorney will need to pinpoint which type of issue you are dealing with. Two common cases that legal professionals handle are victims of misdiagnosis and missed diagnosis. Although the terms are similar, the details of your case will dictate which one to pursue.
Should I File a Car Accident Claim If I Am Also At Fault?
After a car crash in Rockland or elsewhere in Winnebago County, it can be difficult to think about filing a claim for compensation when you are contending with the physical and emotional consequences of your injuries. Yet you may also know how important it is to file a claim in order to obtain the compensation you need. When another party was at fault for the crash, you also may be considering whether to file a lawsuit against that at-fault driver. For most people injured in car accidents, the first step is to file an auto insurance claim. But when an auto insurance claim does not result in an adequate amount of compensation, it may be time to file a lawsuit.
Many people who have been injured in car accidents caused by another driver’s negligence want to know if they should file a claim even if they might bear some responsibility for the collision. In most cases, the answer is yes. We will explain more.
How Much Is My Medical Malpractice Claim Worth?
If you recently sought medical advice or treatment and your condition worsened, or if you underwent a surgical procedure and suffered an injury, you may be wondering whether you are eligible to file a medical malpractice lawsuit and how much your claim could be worth. Most issues pertaining to medical malpractice lawsuits, also known as medical negligence claims, are governed by Illinois statutes. While it can be difficult to say with certainty whether you have a valid medical malpractice claim and how much it could be worth until you speak with an experienced Winnebago County medical malpractice lawyer, the following are some questions you can ask yourself to help you determine whether you may be eligible to file a lawsuit and how much compensation you could be entitled to receive.
Was Your Injury the Result of a Healthcare Provider’s Negligence?
Holding a Nursing Home Responsible for Resident Abuse Through a Personal Injury Claim
It is estimated that about 1.5 million people currently live in nursing home facilities in the United States. Nursing home staff are responsible for helping residents with medical needs as well as everyday needs such as showering, going to the bathroom, and eating meals. Most importantly, it is the nursing home staff’s responsibility to keep the residents safe. It is hard to believe that anyone would intentionally harm an elderly or disabled individual. However, nursing home resident abuse is tragically not that uncommon. When a nursing home staff member abuses a resident physically, mentally, sexually, financially, or otherwise, the facility may be liable for damages.
Types of Resident Abuse
When we hear the word “abuse” physical violence such as hitting, pinching, or kicking may come to mind. However, this is just one of several forms of abuse to which residents may be subjected. Mental or psychological abuse involves a nursing home worker intentionally upsetting or frightening a resident.