Recent Blog Posts
5 Major Differences Between Car and Truck Accidents
Although the number of car accidents far exceeds the number of truck accidents, the latter undoubtedly cause more serious damage. This is due to the fact that trucks weigh 20 to 30 times more than the average car. Here are 5 major differences between car and truck accidents that may affect your personal injury claim.
1. Commercial Vehicles Are Subject to Additional Federal Laws
Since they often travel between states, large commercial vehicles must adhere to not only state and local regulations, but also federal laws. These federal laws are generally in place to regulate the amount of driving allowed within a specific period of time, as well as how much cargo they can hold. Additionally, truck companies and their drivers are required to register with both the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT).
Can I File an Injury Claim for a Shared Fault Car Crash?
Car accidents are often caused by a “perfect storm” of events. One driver may be busy changing the radio station or checking text messages while the other is traveling above the speed limit. It might be raining. The road may be filled with potholes. Countless issues can lead up to a serious collision. When someone is hurt in a car accident involving shared fault, can they still recover compensation? Who is responsible for medical bills, car repair costs, and other damages?
You Can Still Get Compensation If You Were Partially at Fault
Personal injury laws vary from state to state. In some states, an injured person may not recover monetary damages if their actions contributed to the injury-causing even in any way. Fortunately, Illinois personal injury lawsuits are subject to a legal doctrine called modified comparative negligence or modified comparative fault. This doctrine allows an injured person to recover financial compensation as long as their share of fault is less than 51 percent. In other words, an injured person is able to pursue damages as long as their actions did not contribute to the injury more than the other parties’ actions. Consequentially, you may be able to recover financial compensation for car accident injuries even if your own behavior contributed to the crash.
Can I Sue an Apartment Complex or Landlord for Injuries I Suffered on the Property?
Apartment living certainly has its advantages. However, one major disadvantage of living in an apartment or rental house is that the tenant has little control over the property’s upkeep. When a landlord fails to keep a rental property in a reasonably safe condition and a tenant is harmed as a result, the tenant may be able to sue the property owner for damages. The tenant may be entitled to compensation for medical bills, lost wages caused by missed work, pain and suffering, and more.
Injuries Caused by Negligent Landlords
Whether a landlord is an individual or a company, the landlord owes tenants a legal “duty of care.” The landlord has an obligation to keep the premises free of obvious hazards that could cause injury. If a landlord fails to uphold this duty and a tenant is injured or killed as a result, the landlord may be liable for damages. Some common examples of unsafe conditions include:
Who Pays for Medical Bills and Other Costs from a Construction Accident Injury?
If you or a loved one were hurt in a construction accident, you may be facing steep medical bills that place a significant financial strain on your family. The cost of doctor’s visits, imaging tests, surgery, medication, and other medical needs can exacerbate the financial burden created by being out of work.
Depending on the circumstances of a construction accident, an injured worker may be entitled to compensation for medical bills, lost income, and other costs resulting from the accident. Some injured workers are also entitled to compensation for non-financial harm including their physical pain and emotional suffering.
Determining the Liable Party in a Construction Accident
Construction sites are full of potentially deadly hazards. Although a number of laws regulate construction site safety, accidents still occur. When a worker is injured in a fall accident, machinery accident, trench collapse, explosion, or another type of construction accident, the results can be life-changing.
What You Need to Know About Medical Malpractice in Illinois
When you are sick or injured, you go to the doctor or a hospital to receive medical care. When that medical care injures us further or makes us even sicker, it can be frustrating and stressful. Unfortunately, medical malpractice is not all that uncommon in the United States. According to data from the National Practitioner Database, there have been more than 58,000 instances of medical malpractice payments or adverse actions taking place since the beginning of 2020. If you have been a victim of medical malpractice, there are likely various questions that you have relating to your case. Here are some of the most common questions and their answers.
Is There a Time Limit to File a Claim for Medical Malpractice?
With nearly any case that you file with the court, there is such a thing called the “statute of limitations.” This is simply just a law that states how long a person can wait before they are no longer able to file a lawsuit and have it heard in court. In Illinois, most people must bring a case in court within two years of the medical malpractice incident. However, in some cases, the statute of limitations may be extended to four years.
Reasons Why Your Illinois Workers’ Compensation Claim May Have Been Denied
There are a variety of ways you could get injured on the job, from slipping on a wet floor to accidentally amputating a finger in a piece of machinery. No matter the injury, you should have peace of mind knowing that you are covered by workers’ compensation insurance, which most Illinois employers are required to carry. It can be frustrating when you receive a denial for your workers’ compensation benefits in the mail. If you have been denied your right to workers’ compensation, there are a number of potential reasons why. An Illinois workers’ compensation attorney can help you determine the cause of your denial.
1. Your accident did not occur at work.
Usually, the only type of injuries that are covered under Illinois workers’ compensation are injuries that are sustained from accidents that occurred at work. However, you may still be able to claim workers’ compensation if you were performing work for your employer, even if you were not present at your employer’s location at the time.
Understanding Sexual Abuse Lawsuits in Illinois
One of the most traumatic and damaging things to experience for anyone, regardless of age, is sexual abuse. Unfortunately, sexual abuse is also one of the most prevalent forms of domestic violence in the United States. According to the Rape, Abuse & Incest National Network (RAINN), more than 400,000 people are victims of sexual abuse or violence each year. In 2016 alone, more than 57,000 instances of confirmed or suspected sexual abuse toward children were reported by Child Protective Services across the country. Filing a lawsuit against a perpetrator or others who are responsible for allowing sexual abuse to take place can help you regain certain expenses and hold your perpetrator accountable.
Is There a Time Limit to File a Sexual Abuse Lawsuit?
In recent years, the statute of limitations for instances of sexual abuse or sexual violence in Illinois has been updated. Prior to 2019, victims of sexual abuse only had up to 10 years to bring criminal charges against a perpetrator and only if the offense was reported to law enforcement within three years of it happening. However, much research has been done over the years, especially in the past decade, about how sexual abuse affects humans. In some cases, it can take years for a person to even come to terms with the sexual abuse that they were a victim of, let alone file a lawsuit for it. Now, there is no statute of limitations for bringing criminal charges against a person for major sex crimes. There is also no time limit for child victims of sexual assault or abuse to bring civil lawsuits against their perpetrators. However, if a person was over the age of 18 at the time of the offense, they only have 20 years to bring a lawsuit.
IKEA Recalls Nearly 160K Units of Dinnerware Due to Risk of Burns
Thousands of products are recalled for safety concerns each year. In some cases, companies preemptively realize the fault before consumers are injured. In other cases, defects in a product can cause injuries or even death before the company is made aware of the defect. Either way, the company could be held liable for injuries caused by their product, especially if the injury was caused by something that was not the consumer’s fault. This seems to be the case in the recent recall issued by IKEA, a Swedish furniture and home goods manufacturer. IKEA recently recalled thousands of cups, bowls, and plates that were reported to have caused injuries across North America.
Dinnerware Is Prone to Shattering
According to the Consumer Product Safety Commission (CPSC), IKEA recalled around 159,000 units of the “HEROISK” and “TALRIKA” model cups, plates, and bowls from North America last week, with around 11,400 of those units being recalled from Canada. The recall was a result of reports of the dinnerware becoming brittle over time and cracking or breaking. Some of the incidents resulted in burns from hot food or liquids, but only one of the incidents reported was from the U.S. There has been speculation that the material the dinnerware was made out of could be the reason for the brittleness. According to the CPSC, the units were made from PLA, which is polylactic acid or polylactide, a material made out of renewable resources.
Am I Able to Claim Compensation for an Illness or Disease I Develop From Work?
It is common knowledge that nearly all employers in Illinois are required to carry worker’s compensation insurance. Workers’ compensation exists to support employees who become injured during the course of their employment. Workers’ compensation allows injured workers to claim benefits for injuries such as broken limbs or even death. What some people may not realize is that many illnesses or diseases that are developed by employees through their line of work can also be eligible for compensation under the Illinois Workers’ Occupational Diseases Act.
Understanding Qualifying Diseases
The most difficult part about a claim for an occupational disease is proving that the situation is actually work-related. The Act does not list any specific diseases that qualify for compensation, but states that any disease that arises, “out of an in the course of the employment,” or any condition that, “has become aggravated and rendered disabling as a result of the exposure of the employment,” is a qualifying disease for reasons of the Act. However, the Act also states that the illness or disease must be one that arises from a risk that is normally or in most cases specific to or increased by the work and, “not common to the general public.” Some common diseases or illnesses that could be included are:
How to Practice Safe Riding on a Motorcycle in Illinois
Traffic accidents notoriously rise during the summer months, perhaps due to more people on the road. Even though motorcycle fatalities technically decreased in 2019, the number of motorcyclists who were injured increased by about 2.4 percent, according to the National Highway Traffic Safety Administration (NHTSA). Many people who have motorcycles begin to get back out onto the road when the weather gets warmer, but motorcyclists face a unique set of challenges on the road. The best way to prevent motorcycle accidents from happening is by protecting yourself and practicing safe motorcycle riding habits. Here are a few things to keep in mind the next time you go for a ride:
- The most important piece of safety equipment you can own is a helmet. Studies have shown that motorcyclists who do not wear helmets are much more likely to suffer severe head injuries or even death. Any helmet you wear should have a Department of Transportation sticker on the back, so you know that it meets federal safety standards and is providing the most protection.
