Posted on August 14, 2018 in Premises Liability

Domesticated animals can behave in unpredictable ways that may cause injuries. A malicious attack, such as a dog bite, can leave lasting physical and emotional damage. More benign actions can also result in injuries, such as an excited dog jumping on someone and knocking him or her over. Guests who are hurt because of the actions of someone’s pet can seek personal injury compensation from the pet owner. Illinois law holds a pet owner strictly liable for injuries unless the victim is at fault for the animal's reaction.

Strict Liability

According to Illinois law, an animal owner is liable for injuries that the animal causes to others as long as:

• The animal attacked or attempted to attack the victim;

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 Posted on June 15, 2018 in Construction Accidents

A large truck is one of the most dangerous pieces of equipment that you will commonly find at a construction site. The Bureau of Labor Statistics reports that there were 962 fatalities at road construction sites from 2003 to 2010. Among those:

• 443 were caused by a worker being struck by a vehicle or mobile equipment;
• 143 were caused by a vehicle backing up; and
• 84 were caused by a dump truck backing up.

In many cases, workers who are injured by a vehicle that is backing up can petition for workers’ compensation benefits. However, there are scenarios where a third party may be responsible for the incident, which allows the victim to file a personal injury lawsuit.

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 Posted on April 13, 2018 in Motor Vehicle Accidents

Motor vehicle accidents involving intoxicated drivers can cause serious injuries and death. The victim in a drunk driving crash can sue the driver for personal injury compensation and the loss of a loved one. There is a third-party liability in Illinois that can extend to businesses that serve alcohol to drunk drivers. Illinois’ dram shop law allows a victim to receive additional injury compensation by filing a lawsuit against an alcohol vendor that is deemed partially responsible for a drunk driving incident.

Proving Liability

Illinois’ dram shop law applies to restaurants, clubs, retailers, and hospitality businesses. In most cases, an individual serving alcohol at a social gathering is not liable. For a successful lawsuit against a third-party alcohol vendor, the victim must prove that:

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 Posted on February 14, 2018 in Personal Injury

The initial conversations you have with an insurance company after an injury can determine how much the company will cover your health expenses. The goal of an insurance adjuster is to get you to admit fault or downplay your injuries so that the company can save money. That is why the insurance company may contact you immediately after a vehicle accident or other injury when you are least prepared to talk to them. There are several reasons why you should not conduct a recorded interview with an insurance adjuster without consulting your personal injury attorney:

1. Delayed Symptoms: If an insurance adjuster calls you the day of your accident, you may honestly answer that you do not feel injured. However, you may not notice some of your injuries until a couple of days after the incident. Once the adjuster has your statement on record, the insurance company can use it against you when determining your claim.

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 Posted on December 15, 2017 in Motor Vehicle Accidents

Being involved in a car accident can become a nightmare if you have a child with you in the vehicle. Your immediate concern will be to check for any visible injuries on your child, followed by medical attention. As with adults, some injuries that children suffer in car accidents take longer to develop or notice. However, children are different from adults because they are not adept at explaining their problems. As a parent, you must carefully watch your children for symptoms of longer-lasting trauma or injuries resulting from the car accident.

Head Injuries

Concussions are serious injuries but harder to identify than scrapes or broken bones. Symptoms of an internal head injury may manifest in your child’s behavior, such as:

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 Posted on October 13, 2017 in Premises Liability

An Aurora, Ill., woman recently received a $4.5 million judgment as a result of a personal injury lawsuit filed against Wells Fargo. The injury took place in 2012, when the woman was walking into a Wells Fargo mortgage retail office in Aurora. A metal door closer unit detached and hit her in the head, causing immediate injury and long-term disability. The judgment included:

• $1.25 million for her disability;
• $1.25 million for her pain and suffering;
• $1 million for emotional distress; and
• More than $500,000 for medical expenses.

The judgment is reportedly the largest ever awarded for a personal injury lawsuit in DuPage County that was not a medical malpractice case. The jury needed only two hours to reach its decision in the case. Before the trial, Wells Fargo had attempted to settle with the plaintiff by offering $125,000.

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 Posted on September 12, 2017 in Construction Accidents

Exposure to hazardous substances is a serious risk that some construction workers face on the job. The immediate danger is most apparent when disastrous events occur, such as explosions. However, chemical exposure can cause medical conditions that may become life-threatening over time. Construction workers must be aware of the long-term hazards of working with toxic substances.

Types of Hazards

Construction projects may use materials that are toxic to workers who come in contact with them. Builders have stopped using some of the most hazardous materials, such as asbestos. However, workers may still need to remove dangerous materials if they are renovating an older building. Workers can also become ill due to exposure to more common substances, such as:

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 Posted on July 24, 2017 in Personal Injury

Obtaining compensation in a personal injury case relies upon proving the defendant’s negligence. Illinois law defines negligence as failing to act in a manner that a reasonably careful person would or acting in a manner that a reasonably careful person would not. However, both sides can be negligent in a personal injury case. The idea of shared blame is often called comparative fault. If a jury decides that a plaintiff's negligence partially caused his or her injuries, it may award reduced damages or no damages at all.

Comparative Fault

A jury in a personal injury case must first determine whether the defendant is at fault for the plaintiff's injury. If the jury rules in favor of the plaintiff, it moves on to determining how much compensation is owed and whether there was comparative fault by the plaintiff. Illinois law instructs the jury to quantify the plaintiff’s share of the responsibility for the injuries in terms of a percentage:

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 Posted on May 26, 2017 in Premises Liability

Summer is swimming pool season for both recreational swimmers and personal injury attorneys. There are numerous potential safety hazards at swimming pools that can cause injuries. In the most serious cases, the victim may drown. If property negligence causes injury, premises liability laws allow victims to pursue damages from the person or entity responsible. However, success in a swimming pool personal injury case depends on the circumstances of the injury and who owns the pool.

Liability

When seeking compensation for a swimming pool injury, you must determine who is liable for your injury. Depending on the responsible party, you may have a greater burden in proving negligence:

• If another person's actions cause your injury, that person is the liable party. Your claim may succeed if you prove the person acted recklessly or intended harm.

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 Posted on March 15, 2017 in Catastrophic Injuries

Suffering a catastrophic injury to your spine is a life-altering event. The immediate treatment and long-term effects can take a physical and mental toll on you. It may be hard to put a monetary value on how much a spinal injury will cost you, but you should have an idea if you are seeking legal compensation from the party at fault for the injury.

Immediate Cost

The initial medical fees often are the most expensive part of a spinal injury. Treatment can require surgery, prolonged hospital stays, rehabilitation and use of medical equipment such as wheelchairs. A study found that the average first-year cost for a patient who loses any level of motor function is more that $300,000. The first-year cost escalates, depending on the severity of the injury, including:

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