Category Archives: Personal Injury

IL injury lawyerThe statistics regarding sexual abuse are shocking: The Rape, Abuse & Incest National Network (RAINN) reports that someone is sexually assaulted every 68 seconds in the United States. Sadly, many victims of sexual assault, rape, and sexual abuse are children. If you were sexually assaulted or abused by a caretaker, teacher, religious authority, or another individual, you should know that you have options for holding the liable person or organization accountable.

Understanding the Difference Between Civil and Criminal Sex Abuse Cases

When most people think about taking legal action against a sex predator, they assume that the action is being taken in criminal court. However, this is not the only legal route available in sex abuse cases. Through a civil lawsuit, a victim of sexual abuse or sexual assault may hold the perpetrator responsible and pursue financial compensation for the damages he or she suffered because of the abuse. Criminal charges are brought by the state but a civil claim is brought by the actual victim. The standard of proof is lower in civil cases than it is in criminal cases. This means that it is possible to file a successful civil suit even if the perpetrator was not criminally convicted of the offense. Often, sex abuse civil cases are brought against the organization such as a church or religious organization, school, daycare, summer camp, medical facility, or business instead of the individual perpetrator or perpetrators.

Why Should I File a Sex Abuse Claim?

You may wonder if filing a claim is even worth the mental and emotional stress it may cause you. Understandably, it can be extremely painful to think about past abuse. However, filing a sex abuse claim can accomplish two important goals. First and foremost, it is a way to hold the responsible party accountable for the abuse you endured. The more sex abuse survivors that come forward, the harder it is for perpetrators to hide in secrecy. Secondly, filing a civil claim may allow you to collect financial compensation for your damages. There is no amount of money that could make up for something as heinous as sexual abuse. However, compensation can help alleviate the financial burden created by the abuse. You may be compensated for medical bills, including mental health care, as well as pain and suffering, loss of qualify of life, and more.

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IL injury lawyerOne 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.

Who Can I Hold Accountable in a Lawsuit for Sexual Abuse?

When recovering damages for sexual abuse or assault, the obvious person you will likely target is the perpetrator themselves. However, there are also other individuals and entities that you may be able to hold accountable. These can include:

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IL injury lawyerFor most people, the death of a loved one is among the worst things that could happen to them. While all deaths are tragic, a situation can be especially difficult if a person was killed because someone else acted negligently, recklessly, irresponsibly, or with the intent to cause harm. In these types of cases, family members will not only struggle with the grief that comes from having a loved one taken away too soon, but they may also experience financial difficulties that affect their ability to provide for themselves. Fortunately, by working with an attorney, a person’s family members can pursue compensation through a wrongful death lawsuit.

Wrongful Death Damages

A deceased person’s surviving family members or the personal representative of their estate can pursue a wrongful death lawsuit. The damages recovered through this type of lawsuit are for the exclusive benefit of the deceased person’s surviving spouse and next of kin. These damages may include:

  • Lost income - If the deceased person earned income that was used to provide for their family’s ongoing expenses, their family members may receive compensation that addresses the loss of this income. In addition to the wages or salary that the person would have earned, damages may also address other forms of compensation, such as health insurance coverage or retirement benefits.
  • Medical expenses - Prior to their death, a person may have needed extensive medical care, including emergency treatment, hospitalization, or surgery, and this may have resulted in large medical bills for their family. Compensation in a wrongful death lawsuit can ensure that all of these expenses will be fully paid.
  • Pain and suffering - The deceased person may have experienced a great deal of physical and emotional pain before their death, and compensation may address this trauma. Family members may also receive compensation for their own grief, sorrow, and emotional trauma or mental anguish.
  • Loss of society or companionship - A deceased person’s loved ones may be compensated for the loss of the relationship they would have had with their loved one throughout the rest of their natural life, and damages may address the love and support the deceased person would have offered to their spouse or the instruction and guidance they would have provided for their children.
  • Funeral expenses - A family or the estate of the deceased person may be compensated for all reasonable expenses related to their funeral and the disposition of their remains, including the costs of a coffin or cremation urn, a cemetery lot, and a gravestone or other burial monument.
  • Punitive damages - If the defendant caused the person’s death through knowingly reckless, malicious, or intentional actions, these types of damages may be ordered as a method of punishment.

Contact Our Aurora Wrongful Death Attorneys

At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you pursue a wrongful death lawsuit and recover compensation for all of the ways you have been affected by your loved one’s death. To arrange a free consultation, contact our Kane County wrongful death lawyers today by calling 630-907-0909.

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IL truck accident lawyerThere are a variety of ways that negligence by truck drivers or trucking companies can lead to dangerous truck accidents. While some collisions are caused by a driver’s negligent operation of a truck, such as by speeding or driving while drowsy, others may occur because of the way cargo was loaded or secured. In these cases, multiple parties may be liable for injuries suffered by the drivers or passengers of other vehicles, and these parties may include a driver who did not ensure that cargo was properly secured on their truck, the trucking company that employed the driver, a company that was responsible for loading cargo on a truck, or the manufacturer of defective cargo securement devices.

Cargo-Related Safety Issues That Can Cause Truck Accidents

There are multiple ways that improper loading of cargo can lead to accidents and injuries, including:

  • Unbalanced cargo - Items should be properly distributed throughout a truck’s cargo area. If cargo is not loaded properly, the truck’s weight distribution may place too much pressure on one axle, which can affect the traction of the tires or lead to other issues that make it more difficult for the driver to control their vehicle.
  • Shifting cargo - Items that are not tied down properly or secured within a truck’s cargo area may move around during transit. This can throw off the vehicle’s balance and cause a driver to lose control, especially when traveling at high speeds.
  • Overloading - Trucks have strict weight limits, but in some cases, trucking companies may disobey these limits in hopes of delivering more items in a single trip. Trucks with heavier loads will take longer to slow down and stop, and this may result in rear-end collisions. Overloaded trucks may also be top-heavy, increasing the risks of rollover accidents.
  • Falling cargo - If cargo is not properly secured, or if straps or other devices break during transit, items may fall from the truck. Cargo that lands on another vehicle can seriously injure drivers or passengers, or items that fall into the road can create dangerous obstacles, and collisions may occur when other vehicles swerve or slow down suddenly.

Contact Our Aurora, IL Truck Accident Attorneys

If you have been injured in a motor vehicle collision involving a tractor-trailer truck, the attorneys of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can determine whether your injury was caused by cargo that was not properly loaded or secured. We will investigate the circumstances of your accident, identify all liable parties, and help you take legal action to recover financial compensation. Contact our Kane County truck crash lawyers at 630-907-0909 to schedule a complimentary consultation today.

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IL injury lawyerSerious injuries can occur in multiple different types of situations, ranging from car accidents to construction accidents or slip-and-fall accidents, and much more. While many injuries are evident at the time that an accident took place, others may not always be immediately obvious. Traumatic brain injuries (TBIs) often fall into the latter category, and the symptoms of these injuries may not become evident until days, weeks, or even months after the original incident. However, brain injuries can affect a person’s health and well-being for years, and in some cases, they can even lead to permanent impairment. Victims of these types of injuries should be sure to understand how they have been affected and how they can pursue compensation that will address the harm they have suffered.

Long-Term Brain Injury Symptoms

Concussions or other brain injuries that are classified as mild will usually only have short-term effects, and a victim will often recover within a few weeks. The effects of moderate or severe TBIs, on the other hand, may persist for years to come or even the rest of a person’s life. The long-term issues that a victim may experience include:

  • Motor deficits - A person may have difficulty controlling their muscles or performing fine motor skills. They can also suffer issues with dizziness, balance, and coordination, which can affect their mobility and make it difficult or impossible to perform daily tasks at work or at home. In serious cases, a person may suffer partial or complete paralysis in parts of their body.
  • Pain - Victims may suffer from chronic headaches and migraines, and in some cases, the pain increases over time.
  • Sleep disorders - Many TBI victims experience extreme fatigue, and this issue may be compounded by insomnia or other issues that cause them to be unable to get enough sleep.
  • Sensory problems - Some victims have difficulty processing information from their senses of sight, hearing, touch, smell, and taste, leading to sensitivity to bright lights, loud noises, or strong smells. A person may also experience issues such as blurred vision, double vision, difficulty judging distances, or partial or complete blindness, as well as loss of hearing or a ringing in the ears.
  • Cognitive issues - A person may experience memory loss, confusion, delays in processing thoughts or information, or difficulty focusing and concentrating. Victims may also find themselves easily distracted, or they may struggle with complex functions such as planning and taking appropriate actions.
  • Emotional and behavioral effects - Victims may struggle with depression, anxiety, irritability, and mood swings. They may also experience a lack of motivation or decreased inhibitions.
  • Speech and language problems - Some victims have difficulty understanding spoken or written words, or they may struggle with slurred speech or be unable to express their thoughts clearly.
  • Seizures - A person may experience post-traumatic epilepsy, putting them at risk of seizures that can affect their life and health for years to come.

Contact Our Aurora Brain Injury Lawyers

If you or a member of your family have suffered brain injuries in a car accident or another situation where someone else was at fault, the lawyers of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you take legal action to recover financial compensation. We will work to make sure you will have the resources you need to address immediate and ongoing medical treatment, disabilities that may affect your ability to earn an income, and your physical and emotional pain and suffering. Contact our Kane County traumatic brain injury attorneys at 630-907-0909 to set up a complimentary consultation.

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