In the best-case scenario, a worker who suffers a job-related injury notifies their employer and files their workers’ compensation claim. The claim is then approved and the employee is  allowed to take the time needed to recover from their injury, receiving their weekly benefits and having their medical expenses covered 100 percent by their employer. Unfortunately, as an Illinois workers’ compensation lawyer can attest, this process rarely goes that smoothly. This is often due to the fact that employers and insurance companies do all they can to deny injured employees the benefits they are entitled to under Illinois law.

Denying Claims Based on Surveillance

Workers’ compensation insurance companies are notorious for denying legitimate job injury claims so they can protect their profits. They will do all they can to “prove” that the worker is not really injured. They often insist that an injured worker be examined by a doctor on their payroll who may downplay the actual diagnosis the injured worker has been given by their own physicians.

Another common way that insurance companies try to prove a worker is faking or playing up their injury is by putting the worker under surveillance to try to catch the worker engaging in some kind of activity they are not supposed to be able to because of their injuries.

Pursuing a personal injury claim for a vehicle accident can be a long and drawn-out process. Rarely does the at-fault party’s insurance company initially agree to all the injured party’s losses and the financial amount of those losses. One of the most complex accident cases is truck accidents, especially since there is often more than one party who is liable for those damages.

There is also the issue of the amount of damages that the insurance company ends up paying out. The massive weight and size of commercial trucks results in many more catastrophic crashes, leaving those injured with devastating injuries. Insurance companies use all kinds of tactics to get out of paying for all those losses.

These and other factors can make it difficult for injured parties and their families to obtain the financial compensation they deserve without having an attorney advocating for them. Anyone who has been injured in a truck accident should speak with an Illinois personal injury attorney before they speak to the trucking company’s insurance company or anyone else associated with the crash.

While many people may think of summer as the best season for motorcycle riding, motorcycle enthusiasts know that riding in autumn is just as – if not more – exhilarating. However, along with all that fun comes the substantial dangers and high risk of crashing that riding brings. The injuries sustained in motorcycle accidents are often catastrophic, leaving injured riders with long-term or permanent disabilities. If you or a loved one has sustained any of the following injuries in a crash, an Illinois motorcycle accident lawyer can help you get the financial compensation you deserve.

Brain Injuries

Tragically, brain and head injuries are one of the most common injuries riders sustain in crashes. The force of the impact of the rider’s head smashing into the ground or other hard surfaces can leave them with serious brain damage. It is not uncommon for people who suffer brain injuries to suffer from memory loss, cognitive impairments, and mood swings.

Unlike most states in the country, Illinois does not have a mandatory helmet law for either motorcycle operators or their passengers. If the rider was not wearing a helmet, the potential for severe or fatal brain injuries is even higher.

About 4,000 surgical mistakes happen every year in the U.S., many of which seriously injure patients. Such mistakes can include operating on the wrong patient or forgetting surgical instruments inside of a patient. Additionally, medical errors often lead to fatalities. If a surgical error results in personal injury, you have the right to seek compensation for medical malpractice.

What is Medical Malpractice and Negligence?

Medical malpractice happens when doctors, nurses, hospitals, and clinics cause injury to a patient because they were negligent.

Negligence in medicine means that a doctor or nurse, for example, did not give the proper care or attention they should have. Negligence is when a medical professional carelessness leads to a patient suffering harm.

Online shopping has become an integral part of everyday life for most people. While it offers convenience, it also raises concerns about product quality and safety. Understanding your rights and legal options of product liability is crucial if you have experienced harm because of a defective product purchased online in Illinois.

Illinois Product Liability Laws in E-Commerce

Illinois product liability laws provide consumer protection for online purchases, just as they do for traditional brick-and-mortar retail transactions. Whether you buy a product in-store or online, if it caused injury or damage due to defects, you have legal recourse. You can feel reassured that your rights are protected across platforms.

Establishing Liability in E-Commerce Product Cases

Defective Product Categories

E-commerce purchases span various products, from electronics to clothing and more. Defects can arise from design flaws, manufacturing errors, or inadequate warnings.

Most people know to seek prompt medical attention after a car accident, even if they do not think they have been badly hurt. Often, people who are experiencing little pain during their initial ER or urgent care visit get a clean bill of health. Then, a few days later, they begin experiencing severe pain in their head, neck, back, or abdomen. People who experience these delayed injuries, as they are called, may not initially link the pain they are experiencing to the car accident they had several days ago. However, it is very likely that any new pain or loss of mobility within a week or so of a car accident is related to the car accident. Some injuries are not readily apparent the day of the accident for a number of reasons. Harms like whiplash or even some head injuries may take several days to reveal themselves. If you start experiencing new symptoms days after your accident, it is important to return to the doctor for further evaluation. You should also contact an attorney as soon as you are able to. Cases involving delayed injury can be somewhat complex. 

Why are Some Injuries Delayed After a Motor Vehicle Crash? 

Some injuries are obvious at the scene of the car accident. Things like lacerations and badly broken bones are often apparent to onlookers. Other injuries may not be so readily apparent. One reason for this is that most people experience an adrenaline rush in the immediate aftermath of the accident. Adrenaline is a natural pain reliever that may prevent you from experiencing pain associated with your injuries until it has worn off. 

Other injuries result in inflammation that builds over time. Consider the example of a bruise. You may not see a bruise after hitting your head on a corner, but one may appear the next day. 

Commercial truck accidents can have devastating consequences, and they are likely to result in severe injuries and property damage for people in other vehicles involved in a collision. While there are various factors that can contribute to these accidents, mechanical failures are some of the most common reasons why truck drivers may lose control of their vehicles and collide with other cars and trucks. When the mechanical components of a commercial truck fail, devastating accidents can occur due to the massive size and weight of these vehicles.

Types of Mechanical Failures That Can Lead to Truck Accidents

Commercial trucks are complex vehicles with numerous components working together to ensure safe operation. However, due to the large weight of trucks and the amount of time they remain in operation on a constant basis, a great deal of stress is placed on these components. If a truck is not serviced regularly, and if parts are not repaired or replaced when necessary, vital components can break down and cause a driver to lose control of the vehicle.

Some common types of mechanical failures that can contribute to commercial truck accidents include:

By far, the most common cause of car accidents is careless driving. In most cases, if you have been involved in an accident it is fair to guess that at least one party was careless in causing it. However, there are some car accidents that are caused not by human error, but by the failure of an auto product to work properly. Not even the best and most careful driver in the world could avoid a car accident after an essential component of their vehicle fails. In some cases it is relatively clear that an auto issue contributed to the crash. Issues like tire blowouts are often readily apparent to the naked eye. However, some auto issues are less readily apparent. You may be able to see that another driver flew through a red light before hitting you, but it may take further investigation to determine whether an issue like brake failure caused the accident. In some cases like these, the manufacturer, seller, or installer, of a defective auto part can be held liable. If you suspect that an auto product failure contributed to your accident, it is best to speak with an attorney who can guide any further investigation. 

Types of Auto Product Failures that Lead to Accidents 

Most defective auto parts cases fall into one of a few categories, such as: 

• Brake failure - A driver who has no safe way of stopping their vehicle is very likely to hit other vehicles. Especially if the brake failure occurs around an intersection, the driver may not be able to alert other drivers of their predicament in time to avoid a wreck. 

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Children love swimming pools. This is something every parent knows. While young children may be afraid of pools in their early years, this fear is generally overcome once a child learns how to swim. Unfortunately, even if your child is an incredibly strong swimmer for their age, defective pool drain covers may still pose an extreme hazard to them. Not many parents are aware of the dangers posed by pool drains. The major risk is that the suction will cause a child to become stuck on the bottom of the pool, unable to surface. Modern pool drains come with safety features that are meant to guard against this risk. However, this safety feature may not work on broken or old pool drain covers. Depending on the situation, if your child is injured by a pool drain, you may have a claim either in products liability or in premises liability. It is important to speak with a lawyer as soon as possible regarding any potential claim you may have. 

How Pool Drains Pose a Drowning Risk to Children

Even if you supervise your children carefully when they are swimming, it may not be enough. Even if the area your child is swimming in has a lifeguard, this is not a guarantee of safety. When a pool drain cover is broken and defective or if the pool owner has never installed these safety features, it can create powerful suction between a child’s body and the drain. Due to the amount of force involved in this suction, it could take several full-grown adults to pry the child from the bottom of the pool. 

The pool drain is generally placed in the deep end. Older children may enjoy throwing weights to the bottom of the deep end and diving down to retrieve them. This can bring children closer to the pool drain, where they could become trapped. 

Few people even want to consider the possibility that their elderly loved one has been sexually abused while living in a nursing home. However, sexual abuse in nursing homes is not unheard of. It is likely more common than most people think. Many nursing home residents are not able to communicate what is happening to them in a direct fashion due to the effects of aging that led them to reside a nursing home. The vulnerability of these patients sadly makes them easier to take advantage of. There are signs you may notice when you visit your loved one - new discomfort when sitting, bruising around the thighs, PTSD symptoms, or unexplained fear of a particular person or place - that can indicate that your loved one may have been harmed in this way. If you suspect that your loved one may have been sexually abused in their nursing home, it can be very helpful to enlist the help of an attorney to pursue compensation and better care for your loved one. 

Types of Sexual Abuse in Nursing Homes

Forms of sexual abuse nursing home residents may face include: 

• Unwanted touching of breasts or genitals,

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Workplace injuries can happen in the blink of an eye, and dealing with the aftermath is often complicated. Many workers in Illinois find it challenging to report these injuries due to several barriers. This article aims to shed light on these challenges and provide practical advice for navigating them.

Understanding the Importance of Reporting a Workplace Injury

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment. In Illinois, timely workplace injury reporting is crucial for claiming these benefits. Workers have 45 days to report an accidental injury and 90 days to report a radiation exposure injury.

Identifying the Challenges in Reporting a Workplace Injury

Several obstacles can prevent workers from reporting injuries. Fear of retaliation from employers, lack of knowledge about the process, language barriers, and ignorance about worker rights are some common challenges that Illinois workers face.

Falls in nursing homes are a prevalent and serious issue, affecting a significant proportion of the elderly population each year. This blog post aims to shed light on the signs to watch for after such an incident and the potential legal implications, providing valuable information for families and caregivers of nursing home residents.

Understanding the Risk Factors for Falls in Nursing Homes

Falls often occur due to a combination of individual and environmental factors. Age-related changes, chronic health conditions, medication side effects, and mobility problems can increase an individual's risk. On the environmental side, hazards such as poor lighting, wet floors, or inadequate assistive devices can contribute to falls.

Signs to Watch for After a Fall in a Nursing Home

After a fall, it is crucial to look for signs of injury or distress. Physical signs could include bruising, cuts, fractures, and changes in mobility or functionality. Psychological signs may involve changes in behavior, withdrawal, fear of standing or walking, or signs of depression or anxiety. Additionally, a sudden increase in medication, worsening health, or new diagnoses could indicate complications following a fall. Noticing administrative changes, like alterations in staffing or procedures, or reluctance to discuss the incident can also be telling.

Nursing home residents must be supervised for their own safety. When a vulnerable nursing home resident wanders off into an unsafe area of the facility or leaves the facility, it is a potentially deadly matter. A wandering resident may become lost or disoriented, leading to injury and even death. Eloping from a nursing home facility puts residents at risk of being severely injured in an accident, becoming victims of crime, or dying of exposure.

Nursing Homes Should Take Measures to Prevent Wandering and Elopement

Nursing home facilities and other long-term care facilities have a legal obligation to keep the residents safe. It is the responsibility of nursing home staff to provide a safe and secure environment for residents. This includes taking measures to prevent wandering or elopement, such as providing adequate supervision, installing locked doors and gates, using door alarms, and keeping a close eye on residents with cognitive decline or dementia.

Failure to Provide Supervision Can Lead To Nursing Home Injury Claims

When a nursing home fails to adequately supervise its residents and a resident is injured or killed as a result, the nursing home may be held liable for damages. A nursing home injury lawyer can help victims and their families pursue a legal claim for compensation. The damages may include medical bills, pain and suffering, loss of income, and funeral expenses.

Personal injury claims are civil legal claims used to pursue financial compensation for losses caused by an injury. Many personal injury claims follow a serious car accident or commercial truck accident. However, slip and fall accidents, dog bites, construction site accidents, and product liability accidents may also lead to personal injury claims. In Illinois, certain damages may be available to successful plaintiffs in a personal injury claim.

Compensatory Damages in an Illinois Personal Injury Case

Compensatory damages refer to economic losses suffered from an injury. This includes any out-of-pocket expenses, such as medical bills and lost wages. In addition to financial losses, compensatory damages may also cover the physical pain and emotional suffering associated with an injury. Compensatory damages are meant to make a plaintiff “whole” after an accident by reimbursing them for actual economic losses suffered due to an injury.

Punitive Damages in an Illinois Personal Injury Case

In some cases, plaintiffs may be entitled to punitive damages. Punitive damages are a special form of compensation awarded by the court to punish and deter bad behavior. These kinds of damages are typically only available in cases where the defendant’s conduct was especially reckless or intentional. For instance, if a drunk driver causes an accident resulting in a catastrophic injury, they may face punitive damages. Punitive damages can often amount to large sums of money.

Staying at the accident scene is not only the ethical thing to do after a crash but it is also required by Illinois law. Unfortunately, people who cause an accident sometimes speed away in hopes of avoiding accountability for their actions. Even more unfortunately, some of these hit-and-run drivers get away with it. 

If you were injured in a hit-and-run car accident, you may be lost, confused, and unsure of what to do. You may wonder whether you can file an insurance claim considering the other driver is nowhere to be found, and you do not have their contact information. In this blog, we will discuss your legal options for recovering compensation for medical bills and other damages caused in a hit-and-run accident.

Uninsured and Underinsured Motorist Coverage

The police are not always able to catch hit-and-run drivers. However, you may still be able to file an insurance claim and pursue financial compensation even if the at-fault driver is never apprehended.

Originally Published July 28, 2021 ---------- Updated May 19, 2023

Earlier this year, the Chicago Board of Education Inspector General reported that nearly 500 sexual abuse allegations were brought against Chicago public school employees in 2022. Sadly, this number reflects only a portion of the sexual abuse reports brought against teachers, religious authorities, childcare workers, medical providers, and other individuals in positions of authority.

Anyone who has experienced sexual abuse can attest to the fact that it changes your life forever. The psychological impact of the abuse lasts long after any physical injuries heal.

It is widely accepted that the construction industry is one of the most dangerous fields to work in. Construction workers are regularly exposed to dangers that can lead to severe and fatal injuries. Struck-by accidents are one of the “fatal four” types of accidents listed by the Occupational Safety and Health Administration (OSHA).

Construction workers who are hit by falling debris, equipment, tools, or other objects often suffer catastrophic injuries that require them to miss work and endure months or years of recovery. Others are unable to survive the extent of their injuries.

If you were injured or your family member was killed in a struck-by accident on a construction site, make sure you understand your legal rights.

Working in an office environment does not make one immune to work-related injuries. Some of the most common injuries sustained by office workers are those that occur due to repeated strain on certain body parts over time. 

Carpal tunnel syndrome is a condition caused by compression of the median nerve. Typing on a computer is one of the most common ways that a person develops carpal tunnel syndrome. However, mechanics, cashiers, musicians, factory workers, and virtually any other worker who frequently uses his or her hands may develop this medical condition. Symptoms include pain, weakness, numbness, tingling, and reduced functionality in the hand and arm.

If you have developed carpal tunnel syndrome because of your job, you may be entitled to workers’ compensation benefits.

Car accidents are a leading cause of death and injury among young adults. There are many different reasons why young adults tend to be prone to getting into car accidents. Today, we are going to unpack the reasons why this is. Remember, if you have gotten into a car accident, strongly consider hiring an experienced personal injury attorney to ensure you can pursue the compensation you may be entitled to.

Reasons Why Young Adults Get into Car Accidents

Some of the most common reasons young adults get into accidents include the following:

• Distracted driving – Distracted driving is one of the leading causes of car accidents among young adults. Distractions can include texting, talking on the phone, eating or drinking, applying makeup, or adjusting the radio or GPS. It only takes a few seconds of distraction to cause a severe accident.
• Speeding – Speeding is another prevalent cause of car accidents among young people. Young drivers may feel invincible and underestimate the dangers of speeding. Driving too fast can make it difficult to control the vehicle, particularly on curves or in inclement weather.
• Impaired driving – Drinking and driving is a significant problem among young adults. Alcohol can significantly impair judgment, reaction time, and vision, making it impossible to drive in a safe manner. In addition to alcohol, other drugs, like prescription drugs and marijuana, can impair driving ability and increase the risk of an accident.
• Inexperience – Inexperienced drivers are a significant factor in many car accidents involving young adults. New drivers may not possess the skills or experience needed to handle unexpected situations on the road. They may also be unfamiliar with the rules of the road and may struggle to drive in certain weather conditions, like rain or snow.
• Risk-taking behavior – Young people may be more likely to engage in risk-taking behavior while driving, such as driving aggressively, tailgating, or weaving in and out of traffic. They may also be more likely to drive without wearing a seatbelt or to drive with too many people in the car.

Contact a Kane County Car Accident Attorney

It is imperative for young drivers to be aware of these risks while out on the road, as failing to do so can result in devastating consequences. However, if you have been in an accident, do not hesitate to contact the skilled Aurora, IL car accident lawyers with Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. Call 630-907-0909 for a free consultation.

Truck accidents can be devastating, often resulting in serious injuries and fatalities. There are many reasons why truck accidents occur, some of which are more common than others. Therefore, you must contact a personal injury attorney if you have been involved in a truck accident. Your attorney will work with you as you pursue the compensation you may be entitled to while protecting your rights and interests.

Why Do Truck Accidents Happen?

Here are the five most common reasons why truck accidents occur, including:

1. Driver error – Driver error is the most common cause of truck accidents. This can include things like distracted driving, fatigue, speeding, and driving under the influence of drugs or alcohol. In addition, truck drivers are often under pressure to meet tight deadlines, leading to fatigue and pressure to take shortcuts, leading to driver error.
2. Equipment failure – Equipment failure is another common cause of truck accidents. This can include issues with brakes, tires, or other mechanical problems. Trucking companies are responsible for maintaining their vehicles and ensuring they operate safely on the road. Failure to do so can result in serious accidents.
3. Improper loading – Improper cargo loading is another common cause of truck accidents. If cargo is not loaded properly, it can shift during transit, causing the truck to become unbalanced and difficult to control. Again, this can result in accidents, especially when the truck is traveling at high speeds.
4. Weather conditions – Weather conditions can also contribute to truck accidents. Rain, snow, and ice can make roads slick and challenging to navigate, especially for large commercial trucks. Drivers must adjust their driving habits to account for these conditions and take extra precautions to avoid accidents.
5. Bad road conditions – This can create a whole slew of problems while also contributing to truck accidents. Potholes, construction, and debris on the road can make it difficult for trucks to maintain control, leading to accidents. Local governments are responsible for maintaining the roads and ensuring they are safe for all drivers.

Contact a Kane County Personal Injury Attorney

If you have been involved in a truck accident, seeking legal counsel right away is crucial to protect your rights. An experienced truck accident attorney can help determine the cause of the accident and help you pursue the compensation you may be entitled to. Contact the skilled Aurora, IL personal injury lawyers with Kinnally Flaherty Krentz Loran Hodge & Masur P.C. for additional information. Call 630-907-0909 for a free consultation.