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A parent must care for and protect their child. However, what happens when a child is injured or dies due to the negligence of a doctor? We trust doctors to know what is in the best interest of our health, so it can be a difficult time when a child is endangered from a trust we put in a practitioner or hospital. When negligence is involved, it is possible to sue a medical professional for malpractice to collect compensation for pain and suffering.
Doctors agree to administer a certain standard of care across the board, but when those standards are not met, it is the patient that suffers. It is understood that doctors may not get a diagnosis or care right the first time, but it is when omission or negligence is involved that a patient may have a case for medical malpractice.
For an able-bodied person full-time in the workforce, becoming disabled may be an uncomfortable thought. Although many disabled people live happy and healthy lives, becoming disabled is an adjustment. In some cases, a newly disabled person may need modifications to their home, lifestyle, and working conditions. Luckily if an accident or incident that caused a permanent disability occurred at work, employees have certain protections under workers’ compensation.
When an employer in Illinois starts a business, they are most likely required to have a workers' compensation insurance for their employees. No matter how small a business is, or how many employees they have, it is required by law. This insurance protects workers in the event of an injury that prevents them from working long or short term. When a claim is accepted, workers’ compensation covers lost wages from time away from work and medical expenses.
Although auto insurance is required by law, when you consistently make on-time payments, you expect your insurance company to assist you after an accident. However, even though you may pay an insurance company, your claim is not guaranteed to be accepted. After a car accident, many things can give a person involved fear and uncertainty, and having a claim denied can provide additional stress during this tough time.
The requirements for filing a claim can be met as soon as the car accident happens. After the accident, calling 911 and filing a police report will be crucial to filing a claim with your insurance company. This acts as an official report about the accident. When filing a claim, you will also need the contact information from the other parties involved. You can call your insurance company as soon as being on the side of the road, waiting for police assistance. If you are insured, your insurance company may be able to assist right away if you are not able to use your car after an accident.
A child’s only responsibility is to grow up and become a successful adult. However, sometimes a traumatic experience can happen to a child that disrupts that development. Any kind of trauma will affect a person for life, but when a child is sexually abused, it can have lasting psychological and emotional effects. When children are endangered, their abusers should be held accountable.
Before they reach the age of 18, 25% of girls and 16% of boys are sexually abused. According to the Crimes Against Children Research Center, young girls are the largest targets to sexual abuse and men are the most likely perpetrators. Victims of child sexual abuse are more likely to come from low-income households and may have been victims of other crimes as well. Ninety percent of child sexual abuse is done by a person that a child trusts. Sexual abuse often comes from an adult that a child knows well, such as a family friend or acquaintance. The next likely perpetrators are family, then strangers.
It is the responsibility of companies to maintain a standard of safety in the products for consumers. However, sometimes products make it to the market that are unsafe. While there are bad products that may not work or live up to expectations, but when it comes to a product liability lawsuit, it must be proven that a product caused harm in order to have a case.
Derived from Tort Law, as a product or material gets created and put on shelves for consumers, there is a chain of liability. If the negligence of a company leads to the harm of another person, then that manufacturer may be held responsible. There are three basic claims a person can make with a harmful defective product, design defect, manufacturing defect, or inadequate warnings.
Defective Design: When the design of a product is defective, then the whole consumer good is dangerous. This happens when designed products are not adequately tested for safety. While the product may serve the purpose it was created for, it is too dangerous to continue using. From 2006 to 2008, the magnetic toy sets from Mega Brands were recalled because of small pieces which were easily consumed by children. On top of a choking hazard, the magnets were also strong enough that if consumed, the magnets of the opposite charge would attract and cause further internal injuries. One child died, and 27 were injured due to the defective design of the toys.
After experiencing a work-related injury that prevents you from working, your next concerns may be how you are going to pay for medical bills and support yourself. Most workers in Illinois have the right workers’ compensation, and if you suffer from an accident or have developed a disease from working conditions, you may be entitled to the benefits.
If a person is injured during their line of work and the injury is more than a basic first aid kit could handle, they may be eligible for benefits. Workers’ compensation protects workers by providing compensation for work-related injuries or illnesses. Examples of this may include falling from a ladder on a construction site, developing carpal tunnel from an office job, or being diagnosed with cancer after working with hazardous materials at work. Workers’ Compensation provides medical care after the fact and the replacement of lost wages.
Driving gets us to where we need to be, but that does not stop the world around us. According to the National Highway Traffic Safety Administration, over 3,000 people died as result of car accidents involving distracted driving in 2017. There are many distractions that a driver can face while on the road, and most are preventable.
Distracted driving is anything that diverts your attention from focusing on operating a car. This includes changing the radio station and speaking to others in the car, which may come naturally to us. However, one of the most dangerous instances of distracted driving has to do with mobile devices. Because of this, it is illegal in Illinois to use a cell phone while operating a car. This includes the use of tablets or personal digital assistants. No matter if you are talking on the phone, or using it to check the time, you are breaking the law. Exceptions include pulling over to the shoulder, using a “hands-free” device, or if it is an emergency.
As people age, they are often more respected due to their life experience. However, elders can often face abuse from family, caretakers, or nursing homes. Any person can be subject to abuse, but The National Institute on Aging estimates that thousands of people over the age of 60 are taken advantage of every year.
Taking care of an aging loved one is not a commitment everyone can make. Older people require specialized care, and you may not have enough time to meet their needs. Nursing homes are a great alternative for elders who need assisted care. Someone can be there around the clock to help with basic tasks or administer medicine, and nursing homes can combat loneliness by creating a social environment. Unfortunately, there is also a dark side to nursing homes where vulnerable people are abused.
It is possible or any elder to face abuse in a nursing home, but the most likely victims are people who rely on assistance for basic life skills such as getting dressed, bathing, or taking medication. A person who has an illness such as dementia or Alzheimer may also be subject to abuse, or people who do not have friends or family to check the system. Older women are more likely to be abused, but older men face abuse in nursing homes as well.
The brain is an organ and can experience pain and dysfunction like any other. When a person’s mental state is compromised due to work conditions, it should be taken as seriously as an external injury or other internal failure. However, mental illnesses caused by work are difficult to prove when it comes to workers’ compensation and are often questioned because there is no physical ailment.
In the event of an accident at work, or possibly a stressful environment that causes mental illness, workers’ compensation exists to protect workers. Most employers are required to have workers’ compensation insurance in case their employees get hurt as a result of their employment. If an employee is permanently or temporarily unable to return to work, workers’ compensation would cover the cost of medical care as well as any lost wages.
When looking to file a workers’ compensation claim for a mental illness, you and your attorney must be able to prove that the issue arose because of working conditions or circumstances. This can either be either in your office or work environment or in public on behalf of the company. For example, you could not claim workers’ compensation for getting into a car accident to or from work. That would more likely be a personal injury lawsuit against another party in the accident. However, if you were driving to conduct business on behalf of the company, such as a meeting with a client, you may be able to collect workers’ compensation.
When a person gets injured on the property of another person or company, the owners may be held liable for the accident. This type of personal injury case is often the result of poor maintenance or unsafe property. When going after a property owner after an injury on their premises, it is important to be able to prove that the owner was negligent. In regard to property, if a person does not reasonably maintain their home or land, or give proper warning, they can be found negligent and liable. The landowner also must have known about the hazard, and actively refused to take action.
In Illinois, there are laws that address people who visit a property and rights they are given. A person who is invited by the property owner, such as friends or family, are entitled to a safe environment when visiting the property. Landowners must keep their property reasonably safe for these guests. A person who has implied permission of entering a property, such as a salesman or delivery driver, has less protection because even if the owner is aware of a hazard, the licensee will likely not face it. If a person is trespassing, they have the least amount of protection if they are injured on a person’s premise. The only exception may be a child if, for example, if they wander onto a property that has a pool that is unsecured and gets injured or drowns.
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2114 Deerpath Road, Aurora, IL 60506 630-907-0909
