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Recent Blog Posts

What is Comparative Negligence in an Illinois Car Accident Case?

 Posted on December 05,2022 in Uncategorized

When it comes to car accidents, there are few instances in which the fault of the accident can be entirely blamed on one person. In many cases, the actions of all those who are involved contributed in some way to the accident, meaning there is more than one person to blame for the outcome of the accident. In some personal injury cases, it is even possible for the person seeking compensation to have contributed to the accident in some way. Some people may think this bars them from recovering any type of compensation, but that is not necessarily true.

Determining Fault for the Accident

Aside from making sure everyone’s injuries are attended to, one of the first things that must be done when attempting to claim compensation for a car accident is determining who was at fault. This can prove to be difficult because to determine whose fault the accident was, you have to piece the events of the accident together from witness statements, your own recollection of the accident, the other party’s account of what happened and the police report.

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Understanding the Construction Industry’s ‘Fatal Four’ Accidents

 Posted on November 27,2022 in Uncategorized

What comes to mind when you think of dangerous workplaces? For many people, construction sites are considered to be extremely dangerous – and they are not wrong. According to the Occupational Safety and Health Administration (OSHA), there were more than 4,600 worker fatalities in 2017. Of those fatalities, around 971 of them happened to construction workers. This means out of every five worker deaths that occurred, one of them was a construction worker. There are many reasons why construction sites are dangerous, but OSHA has pinpointed four causes of construction worker deaths.

The ‘Fatal Four’

These four causes of construction worker fatalities were determined to be responsible for nearly 60 percent of all construction worker deaths in 2017:

  1. Falls: Deaths due to falls were responsible for nearly 40 percent of deaths in 2017. OSHA’s classification of falls includes falls and jumps to lower levels and falls on the same level. Typically, falls to lower levels are more serious than falls on the same level because of injuries sustained from the impact between the person who fell and the lower-level surface.

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Warning Signs of Nursing Home Neglect or Abuse

 Posted on November 26,2022 in Uncategorized

As the average lifespan has increased, so has the elderly population in the United States. According to the United States Census Bureau, there were estimated to be nearly 50 million Americans who were age 65 or older in 2016. With the rapidly growing elderly population, more round-the-clock care is needed, which is why nursing homes are popular options for people. There are nearly 1.4 million elderly Americans in nursing homes, and unfortunately, a good portion of them will experience some sort of neglect or abuse while in an assisted living facility.

Signs of nursing home neglect can be easy to spot once you know what you are looking for. Here are a few common warning signs that your loved one might be experiencing nursing home abuse or neglect:

Emotional or Psychological Changes

While this may not the most obvious of signs, it is perhaps one of the most serious indications that your loved one is being neglected. You know your loved one best - if you notice any alarming changes in their behavior, you should be suspicious. Watch out for signs such as:

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How is Permanent Partial Disability Workers’ Compensation Calculated in Illinois?

 Posted on November 25,2022 in Uncategorized

Each year, there are an estimated 200,000 work-related accidents that occur in Illinois, according to the Illinois Workers’ Compensation Commission. Though most of these incidents do not result in a workers’ compensation claim, there are still quite a few claims filed each year. The latest information available from the Commission states that there were more than 38,000 workers’ compensation claims filed with the Commission in 2017. There are different types of workers’ compensation benefits that can be awarded to a worker, one of them being permanent partial disability (PPD) benefits that kick in when an employee is permanently injured.

What is Permanent Partial Disability?

According to the Illinois Workers’ Compensation Commission, PPD benefits can be awarded to an employee who experiences:

  • Complete or partial loss of a part of the body
  • Complete or partial loss of use of part of the body; or

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Can a Dog Owner be Liable for a Motorcycle Accident?

 Posted on November 17,2022 in Uncategorized

Approximately 4,500 people are killed each year in motorcycle accidents, according to federal safety statistics. Even a non-fatal motorcycle accident can leave a driver with serious injuries and cost thousands of dollars in medical bills and lost income. Therefore, when an accident is the result of another party’s negligence, it is important to hold him or her accountable.

Lying in Road Not an "Overt Action"

Sometimes a motorcycle accident may not be directly caused by another person, but there is still a question as to how a person’s actions may have led to the victim’s injuries. An Illinois appeals court recently addressed such a case. The central question was whether two dog owners’ alleged carelessness led to a motorcycle accident.

The plaintiff was riding his motorcycle down a road in Edgar County, Illinois. A dog, owned by the defendants, was lying in the middle of the road. The plaintiff’s bicycle struck the dog, causing serious injuries to the plaintiff.

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DUI Arrests: What to Expect When You are Presented with a Breathalyzer Test

 Posted on November 16,2022 in Uncategorized

Being pulled over, no matter the reason, is always an unnerving experience. If you are pulled over under the suspicion of driving under the influence (DUI), it is possibly one of the most serious crimes a driver can face when it comes to breaking the law behind the wheel. The crime is severe, and the consequences can be tragic, especially when the offense could have been prevented entirely by taking a cab home or calling for help.

You Must Make a Choice

If you are an Illinois driver who has been pulled over due to suspicion of operating under the influence, one of the first things you can expect to face upon arrest is a breathalyzer test. Although you are confronted by law enforcement to submit to this test, it is up to you to refuse or submit. You have the right to make a choice. It is important to note, however, that many criminal defense attorneys encourage their clients to refuse to submit to the test, due to one major advantage: By refusing, you are preventing yourself from potentially failing it, which can ultimately help you in a court of law. It is important to consult with a qualified attorney if you refuse a breathalyzer test.

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Frequently Asked Questions About Illinois Workers’ Compensation

 Posted on November 04,2022 in Uncategorized

Though some workplaces may present more obvious dangers than others, you can get injured in any workplace. According to the latest information from the Bureau of Labor Statistics, there were around 2,811,500 nonfatal workplace injuries in the United States in 2017. Being injured at work can be stressful, especially if you have to miss work because of your injury. Fortunately, programs such as workers’ compensation exist to help people in this situation. If you are injured on the job, you have the right to submit a claim for your medical expenses and lost wages. The workers’ compensation process can be confusing, so here are a few of the most frequently asked questions about Illinois workers’ compensation:

  1. What is Workers’ Compensation?: Workers’ compensation is a statewide system of benefits that applies to most employees in Illinois. Most employers are required to have workers’ compensation insurance in case one of its employees is injured while on the job. Those who are injured at work or experience an occupational disease are eligible to file a claim for workers’ compensation benefits.

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Understanding the Importance of Probable Cause in DUI Defense Cases

 Posted on October 24,2022 in Uncategorized

Police officers are tasked with protecting our communities. However, as with any person of authority, laws exist to direct how and when police officers can use their power. One of these constraints involves the concept of "probable cause." In order to pull over a motorist, a police officer must have a good reason for doing so. If you are facing charges for driving under the influence (DUI), and the officer who arrested you did not have probable cause to pull you over, your case may be dismissed.

Reasonable Suspicion of a Crime

To legally pull someone over, a police officer must have a reasonable suspicion that the person has broken the law or soon will. The term "reasonable" in this context means that most officers of average training and experience would conclude that illegal activity has occurred or is about to occur. In order for a DUI arrest to be legally warranted, it must be reinforced by probable cause. Put another way, there must be some type of evidence that justifies the belief that the driver was intoxicated.

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What Does the Right to a "Speedy Trial" Mean in Illinois?

 Posted on October 15,2022 in Uncategorized

You probably know that the United States Constitution guarantees your right to a "speedy trial" if you are accused of committing a crime. The Illinois state constitution has a similar requirement. But what exactly constitutes "speedy?"

In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.

Prosecutors Cannot Engage in "Piecemeal Litigation"

Illinois also has what is known as a "compulsory joinder" rule designed to help protect a defendant's right to a speedy trial. This means that the state must bring multiple charges arising from the same arrest or act in a single prosecution. In other words, if you are arrested and accused of two crimes, the state cannot wait for the outcome of the trial of the first charge before trying you on the second one.

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When is an Illinois Doctor Liable for Failing to get a Patient's Informed Consent?

 Posted on October 15,2022 in Uncategorized

Medical malpractice involves more than a physician's negligence. A doctor can be held liable if he or she fails to inform the patient about the "general nature" of a procedure and the patient is subsequently injured. Informed consent in this context includes explaining the "risks involved, the prospects of success, the prognosis if the procedure is not performed, and alternative treatments."

Court Reinstates Malpractice Claim Over Child Injured During Delivery

Informed consent often comes up when dealing with birth injuries. There are cases where a doctor fails to properly warn an expectant mother of the risks of natural childbirth. As a result, the child may be injured during delivery and suffer lifelong consequences.

A recent Illinois appellate court decision addresses the exact issue. In this case, a now-11-year-old child was injured during natural childbirth. Specifically, the child suffered what is known as shoulder dystocia. This is where a newborn's shoulder essentially gets stuck during delivery and requires manipulation. In some cases, dystocia causes permanent injury to the child. Sadly, that was the case here, as the child sustained a clavicle fracture and "extensive" nerve damage.

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