Recent Blog Posts
Is It Hard to Prove Wrongful Death in Illinois?
Wrongful death cases are devastating, not to mention challenging and emotionally draining. Losing a loved one is a difficult experience to endure as it is, but when your friend or family member passes away due to someone else's negligent behavior, the loss is compounded by the understanding that this did not need to happen this way.
Amid the shock and the grief that stems from the death of a loved one, many family members are unsure about what they should do next or where they should turn. Many wonder if a wrongful death case is worth pursuing, as people often assume that wrongful death cases are too hard to prove. While they are difficult, they are not impossible.
What is a Wrongful Death Case?
Before pursuing a wrongful death case, it is important to understand what a wrongful death entails. In Illinois, a wrongful death is classified as the death of an individual as the result of another person's negligence. If one party conducts himself or herself in a negligent manner and their actions cause the death of another party, then the party acting negligently may be proven to be at fault for the deceased party's death.
What is Considered Negligence on the Road in Illinois?
As much as we may all want to be able to trust other drivers on the road, it is in our best interests to be proactive and alert when operating a motor vehicle. Even if you have full faith in your own driving abilities, you never know how another driver may act on the road.
Sometimes, people choose to drive recklessly and disobey roadway laws, placing not only themselves in harm’s way but other people as well. This type of behavior is known as negligence.
The Definition of Negligence
Negligence can be thought of as behavior in which a person does not conduct his- or herself in a reasonable manner and subsequently harms another party. If someone fails to drive in accordance with the law, their actions are considered negligent because they owe it to fellow drivers to conduct themselves in a safe manner, yet they failed to uphold that responsibility as a driver.
Examples of Negligent Behavior on the Road
What Is Joint and Several Liability?
When a victim of negligence first walks into a law office, their first questions are often who can I sue? And what is my case worth?
Of course, the answers hinge on a variety of factors. Simply attributing fault and assigning value to a specific claim can be complex undertakings. Furthermore, a variety of legal doctrines, often varying by state, influence how a case may proceed. In the State of Illinois, a good starting point for understanding liability in the personal injury context is the concept of joint and several liability.
What Is Joint Liability and Several Liability?
Joint and several liability may be pertinent when more than one party is at fault for the plaintiff’s injuries.
For example, in product liability claims, more than one party is often at fault. The producer may have negligent designed the product, a manufacturer may have negligently assembled the product, and a retailer may have negligently marketed the product.
I Was Injured at a Swimming Pool, Can I Sue the Property Owner?
Swimming pools are associated with honest fun and relaxation. However, people frequently return from their swim with more than a tan. Americans all across the country are seriously injured in swimming pools every single year. In fact, more than 2,000 children are admitted into emergency rooms annually because of submersion injuries alone. Those that survive face a litany of challenges. Besides a long physical recovery, they may face medical debt, job loss, and mental trauma. Thankfully, victims have rights. If their injuries were caused by negligence or wrongdoing, they can take legal action against those responsible. A successful suit could bring a financial windfall, compensating the victim for their losses. Swimming pool lawsuits can take many different forms.
Swimming Pool Negligence and Premises Liability
Swimming pool owners owe a duty of care to everyone who enters their property. They are required to create a safe environment, keep the pool free from hazards, and take the necessary precautions to ensure the safety of all swimmers.
Four Common Mistakes after a Car Accident
The journey back to normal after a serious car accident is long and arduous, no matter the circumstances. However, the difficulty of your recovery is, to a degree, determined by the choices you make in the crash’s aftermath.
Unfortunately, accident victims frequently make poor decisions that do far more harm than good. If you are in a car crash, here are four common mistakes to avoid:
Not Calling the Police
The first thing you should do after a serious car accident is call 911. Law enforcement can help get the scene under control and make sure the injured receive medical care.
Additionally, police officers are important finders of fact. They take pictures, talk to witnesses, document their observations, and determine fault. All of this information can prove valuable if you pursue an insurance claim or legal action against the at-fault party.
Understanding Jackknife Truck Accidents
A runaway semi-truck is one of the scariest sights on the road, but it is made even scarier if the truck begins to jackknife.
The term “jackknife” describes the phenomenon of a runaway truck folding at the joint that connects the rig to the trailer. The end shape, with the rig and trailer facing opposite directions, vaguely resembles a type of foldable utility knife sometimes called a “jackknife.”
A jackknifing truck has a unique capacity for roadway destruction. When a jackknife occurs, it becomes almost impossible for the driver to maneuver or direct the vehicle in anyway. The truck is sent careening down the road, its trailer swinging violently like a giant pendulum, smashing anything that crosses its path.
Unfortunately, thousands of people are injured or killed by jackknifing trucks every year. According to the National Center for Statistics and Analysis, jackknifes account for 10 percent of all truck-related occupant fatalities.
Who is Legally Responsible for a Crash Caused by Unsecured Truck Cargo?
More than 70 percent of goods transported across the country are moved by large commercial trucks. Unfortunately, semi-trucks, flatbeds, and other cargo-carrying trucks can also present a deadly threat to motorists and passengers. If you or a loved one were hurt in an accident caused by loose or fallen truck cargo, it is important to understand your legal options. You may be able to hold the at-fault party accountable through a truck accident injury claim. You may also be entitled to monetary damages. However, to recover damages, you will need to know who is at fault.
Accidents Caused by Improper Loading and Securement of Truck Cargo
Though rare, truck cargo can sometimes spill out of the truck and onto the road. Objects may strike a vehicle and injure an occupant directly or cause the driver to lose control of the vehicle and crash. Accidents may also occur because motorists are trying to avoid the fallen truck cargo on the road.
Can I File a Premises Liability Claim If I Was Attacked in a Bar, Club, or Restaurant?
For many people, going out to eat or visiting the local bar are some of the best ways to unwind after a stressful workday. Unfortunately, what should be a fun, relaxing evening can turn into a nightmare in an instant. If you or a loved one were the victim of assault, battery, or robbery, at a commercial establishment, you know just how quickly physical violence can escalate.
Often, physical attacks at businesses like bars and restaurants are caused or contributed to by inadequate security measures. Because businesses owe a legal duty of care to customers, these businesses may be held accountable through a premises liability claim.
Seeking Justice and Compensation Through the Civil Court System
When someone injures another person in a bar, nightclub, restaurant, or another type of business, they may be subject to criminal penalties. Criminal penalties like fines and jail time may punish the wrongdoer and deter further criminal activity. However, they do nothing to compensate the victim for his or her injuries. Acts of physical violence can lead to severe injuries – both physical and psychological. An attack victim may need extensive medical treatment, including ongoing medical care like counseling or physical therapy. Medical bills and other costs resulting from the attack can quickly add up. A premises liability claim is a civil claim that may help an attack victim recover financial compensation for medical expenses and other damages.
Millions of Recalled Vehicles Remain Unrepaired
When a manufacturer designs and produces a product that eventually makes its way to the public, the public trusts that the product has gone through rigorous safety testing and that stringent quality controls are in place during the manufacturing process. That is not always the case and many products end up being recalled. Vehicles are one of the most common products recalled each year. Unfortunately, for a variety of reasons, millions of recalled vehicles are never repaired but are still on the roads, creating a dangerous situation for both the vehicle’s driver and everyone they share the roads with.
Vehicle Recalls
A vehicle can be recalled in a number of different ways. Sometimes, the vehicle manufacturer discovers the defect – either on their own or through warranty claims filed or complaints from customers and/or vehicle dealers – and voluntarily issues the recall in order to repair the issue. In other cases, the National Highway Traffic Safety Administration (NHTSA) receives complaints from consumers and will conduct an investigation that eventually results in the recall.
Impact of Concussions on Illinois Accident Victims
Friday, September 17, 2021, is National Concussion Awareness Day. Concussions are one of the most common types of injuries a person can suffer in an accident. Even what appears to be a minor blow or bump to the head can result in a concussion. Unfortunately, concussions and other traumatic brain injuries can leave the victim with long-term and, in some cases, even permanent damage.
Concussion Facts
Any type of accident can result in a concussion, including sporting and recreational activities, vehicle accidents, and slip and fall accidents. Whenever there is a blow to the head or any sudden movements that causes the head to jerk back and forth, there is a risk of the brain getting jerked or bounced around in the skull. This movement can cause the chemicals in the brain to change and damage brain cells. This damage can have a significant impact on the victim’s personality and physical and cognitive abilities.