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Recent Blog Posts
How Can I Get Compensation for My Motorcycle Accident Injury?
Spring is slowing arriving in Northern Illinois, and many motorcyclists cannot wait to jump on their bikes and ride. But, what happens if you are injured in a motorcycle accident or your loved one was killed while riding a motorcycle? Not only is a motorcycle accident a terrifying ordeal to experience, it also can result in unexpected medical bills, lost wages from missed work, and ongoing expenses like physical therapy and rehabilitation. Fortunately, you may be able to receive financial compensation for your motorcycle injuries through a personal injury lawsuit.
Assigning Liability in a Motorcycle Crash
In most motorcycle accident cases, it is important to determine who was liable for the accident. In some cases, it is easy to tell who is to blame. For example, if you were riding your motorcycle and you were hit by a motorist who was driving under the influence of alcohol or drugs, he or she will most likely be held liable for the accident. The question of liability usually comes down to whether or not a party was negligent. An individual is negligent when he or she acts in a careless or dangerous manner and causes damage to another person. In personal injury suits, the burden of proof is on the claimant to prove that the defendant acted negligently and caused the injury.
Understanding Birth Injury Lawsuits
The birth of a baby is one of the most joyous occasions a person can experience. Sadly, not every birth is without complication. Some birth injuries are mild, such as a small bruise or cut, while other birth injuries can have life-altering consequences for both the child and his or her parents. Some birth injuries happen due to no one’s fault or intention. Others are caused by medical negligence. When a doctor or other medical staff makes a careless mistake, they can cause permanent disability or death to a vulnerable infant. A medical malpractice lawsuit can help hold negligent medical staff accountable as well as provide compensation for damages.
Doctors Have a Duty of Care to Patients
Medical negligence occurs when a medical professional fails to uphold his or her “duty of care” to his or her patient. Duty of care refers to the responsibility a doctor has to provide reasonably competent medical care to his or her patients. When a medical professional makes a poor decision which most medical professionals in his or her line of work and experience level would not have made, this may be a breach of duty of care. If a tragic event occurred during a birth, but the doctors and nurses made competent decisions while handling the crisis, this is likely not an example of medical negligence.
Misdiagnosis or Delayed Diagnosis May Be Grounds for a Medical Malpractice Suit
When most of us visit a doctor or other medical professional to address a health concern, we trust that he or she knows what they are doing and will be able to help. Understandably, doctors do not always immediately know what aliment is causing their patient to suffer. However, doctors, nurses and other health care professionals have a duty to treat patients to the best of their ability. When a negligent medical professional misdiagnoses a patient and the resultant medical treatment (or lack of treatment) causes the patient harm, a medical malpractice suit may be appropriate.
Diagnostic Errors Are One of the Most Common Causes for Medical Malpractice Claims
The law does not expect doctors to be perfect. Many times, a patient suffers from a complex array of conditions which may be challenging to identify and treat. Doctors and other medical professionals are not held legally responsible for every diagnostic error they make. However, when carelessness or negligence causes a patient harm, doctors should be held accountable. A successful medical malpractice suit includes the following elements:
College Player’s Injury May Have Been Caused by A Defective Sneaker
This week, college basketball player Zion Williamson suffered a knee injury during one of the most important basketball games of the season. The Duke Blue Devils star was moving across the court when he appeared to lose his footing and injure himself. A closer inspection shows that Williamson did not simply misstep; his shoe had actually ripped apart. When he put his foot down, the 18-year-old basketball star hurt his knee and later limped off the court in pain. Although the injury was described as a “mild knee sprain” by Duke coach Mike Krzyzewski, the injury brings up many concerns regarding the products we use and trust every day. A freak injury has the potential to ruin the career of an aspiring professional athlete. If that injury was caused by a defective or flawed product, a personal injury lawsuit may be appropriate.
Understanding the Purpose of Personal Injury Lawsuits
Can I Receive Compensation If I Was Hit by Somebody Texting and Driving?
Smartphones have revolutionized the way we communicate with each other and get information about the world. Smartphones are so wonderful that some people have trouble putting them down, even while driving. The statistics about texting and diving are grim: over 1,000 people are injured every day in auto accidents caused by distracted drivers. If you were injured or someone you love was killed due to the inattention of another driver, you may have a valid personal injury or wrongful death claim.
Texting While Driving Is Reckless and Irresponsible
Texting and driving is one of the most dangerous types of distracted driving because it integrates visual, manual, and cognitive distractions. Trying to text or otherwise use a cell phone while driving means that a driver takes his hands, eyes, and mind off the road. Someone who is texting and driving is essentially driving blind. If a driver is traveling at 55 mph and looks away from the road for only five seconds, he or she has already traveled the length of a football field.
Personal Injury Lawsuits Get a Bad Reputation Due to Misunderstandings and Misinformation
Perhaps more so than any other legal action, personal injury lawsuits are shrouded in misunderstanding. People hear television commercials about getting compensation for an injury and incorrectly assume that personal injury lawsuits are designed to “cheat” the system and make an easy buck. The purpose of personal injury lawsuits is to compensate a person for injuries sustained due to another party’s negligence.
If you are ever hurt by a drunk driver, defective product, unsafe environment, dog bite, incompetent medical professional, or another act of negligence, you may be out thousands of dollars. Medical bills and ongoing physical therapy can easily bankrupt a person, and insurance companies are notorious for only covering a minimum of costs. Missed work can result in even more financial hardship. Injury suits provide an avenue for injured people to recover some of these costs as well as be compensated for pain and suffering. Read on to learn about how personal injury cases are often misunderstood and how you can pursue compensation for your injuries.
Icy Conditions Increases Risk of Drunk Driving Accidents
News reports of fatal drunk driving accidents are sadly common. Poor road conditions and winter weather only increase the risk of alcohol-related traffic accidents. On average, approximately 30 people in the U.S. die as the result of drunk driving accidents each day. This adds up to over 10,000 lost lives per year. Monetary damages from accidents involving a drunk driver are estimated to be more than $44 billion annually. If you have been injured or a loved one has been killed in a car accident involving an intoxicated driver, you may be able to receive compensation.
Winter Weather and Poor Road Conditions Add to Danger of Intoxicated Drivers
Driving while under the influence of alcohol or other drugs is always a reckless move, but it is especially dangerous during winter road conditions. Icy roads can lead to rear-end collisions when a driver fails to stop their vehicle in time. Multiple car pile-ups may be more likely to occur during adverse weather as well. The combination of an intoxicated driver and slippery roads can also increase the likelihood of a pedestrian being struck and killed.
Study Explores Electric Scooter Injuries
Electric scooters can be a fun and efficient way to get around town. From New York to Chicago to Los Angeles, more and more people are using electric scooters for transportation. Unfortunately, these vehicles are not without risk. Because the rider stands on top of the scooter, it can be easy to fall off. Keeping your balance on a scooter may also be harder than it looks, especially in crowded or obstacle-filled streets. Until recently, there was almost formal data regarding electric scooter safety. Now, a new study shows that scooter injuries are quite common and can range in severity from bruises to serious head injuries.
Research Suggests Scooter Falls Are on the Rise
The study, which was recently published in the journal JAMA Network Open, analyzed data from 249 patients who visited the emergency room for scooter-related injuries in the Los Angeles area. Although scooters are thought of as nearly risk-free, injuries resulting from scooter falls or crashes are being more prevalent. Of the patients studied, about 40 percent suffered head injuries and roughly a third had broken bones. A noteworthy number of scooter-related injuries occurred in patients younger than 18. Simply falling off the scooter accounted for over 80 percent of the injuries studied while about 11 percent of injured scooter riders ran into an obstacle. Although most electric scooters only reach speeds of about 15 miles per hour, falling off a scooter, colliding with an obstacle, or being struck by a car while riding a scooter can cause serious injuries or even death. Dr. Joann Elmore, professor of medicine at UCLA and senior author of the study, says that scooter riders are underestimating the potential danger of these vehicles.
Blood Pressure Medication Recalled Over Cancer Concerns
When consumers take a medication, they understandably assume the medication will do more good than harm. Medications often contain powerful ingredients which can be dangerous or even deadly if managed improperly. Pharmaceutical companies must therefore be held to a high standard of quality and precision when it comes to manufacturing medications. Drug makers who sell medications they know to be defective must be held accountable. If you or someone you love has suffered because of a defective product, you should know that a defective product liability claim is one avenue for collecting compensation.
FDA Continues Recalls of Several Popular Medications
Prinston Pharmaceuticals has decided to recall a blood pressure medication called “irbesartan” after it was discovered that the medication contained high levels of a cancer-causing ingredient. The medication is designed to block the effects of a hormone responsible for narrowing blood vessels. Chemical testing revealed that the medication contained unacceptable levels of nitrosodiethylamine, or NDEA, which is a probable carcinogen.
Frequently Asked Questions About Wrongful Death Lawsuits in Illinois
A wrongful death suit is a beneficial legal tool which family members of a deceased person can use to collect compensation. Illinois law explains, "Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages." If you have lost a loved one due to the negligence of another party, read on to learn about wrongful death claims in Illinois.
Who Can File a Wrongful Death Claim?
In Illinois, only the personal representative a deceased person can file a wrongful death claim. The personal representative represents the deceased person’s estate. He or she can be a close relative of the individual who passed away such as a spouse, parent, or adult child. If the deceased person, or decedent, did not appoint a personal representative before he or she passed away, the court is authorized to make this decision.
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