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IL injury lawyerAlmost all motor vehicle accidents are a result of someone’s negligence. In most cases, it is the negligence of one of the drivers involved. However, that is not always the case. The state of Illinois is notorious for its poorly maintained and dangerous roadways. The hazards found on these roads put those occupying the road at risk of being involved in a collision, including drivers, passengers, and workers. If you or someone you love has sustained injuries due to an accident caused by road hazards, you may be interested in filing a personal injury claim and holding the appropriate parties responsible.

What Kind of Hazards Can Lead to Dangerous Road Conditions?

Vehicle accidents due to road conditions often result from common issues, some of which include:

  • Construction equipment or materials
  • Potholes
  • Uneven roadways
  • Fallen trees or branches
  • Cargo or debris that fell off a vehicle
  • Broken traffic lights
  • Poor road design

Streets in disrepair may feature hazards such as uneven lanes and narrow shoulders. Hazards of this nature can lead to drivers losing control of their vehicle and causing an accident, putting themselves and others sharing the road at risk of injury or even death.

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IL injury lawyerPrescription medications are fairly common in households throughout the country. It is in the nature of most people to trust their doctor’s opinions in terms of their health, including what medications they may need to take. Unfortunately, mistakes involving the prescription and administration of medications do happen and they can result in severe injuries for the patient. Pharmaceutical errors are often linked to medical malpractice and patients who have been harmed by such negligence should be able to hold negligent parties accountable.

How Do Medication Errors Happen?

Errors related to prescription medications are typically associated with human error in some form. While some issues may arise from lack of attentiveness, others may be a result of poor communication. Whatever the true root of the error is, administering and prescribing medication incorrectly can potentially lead to very serious consequences.

It is possible for patients to be given the wrong medication or the wrong dosage of a medication. In some cases, doctors make miscalculations in terms of dosage, which puts the patient at risk of overdose. Medication errors of this sort may also be caused simply by human error when writing or reading the correct amount of medication.

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IL injury lawyerIn the state of Illinois, entities in charge of maintaining a property are expected to uphold high standards to protect those who visit and occupy the structure. When structures like balconies or porches are not properly maintained, constructed, and inspected, innocent lives may be at risk of sustaining very serious injuries. If you or a loved one have been harmed due to a structural collapse, it is possible that your injuries are a result of negligence.

Causes and Injuries Related to Structural Collapses

Structural collapses are almost always preventable and often a result of negligence. Structural collapses are frequently caused by negligence in instances involving faulty construction, foundation defects, building code violations, preventable fires and explosions, inadequate building maintenance, poor design, and insufficient building inspections.

When liable parties fail to keep up with regular maintenance or fail to properly design and construct structures such as balconies and porches, victims can suffer severe industries. While the severity of such injuries often varies depending on the structure’s distance from the ground and the way in which the structure collapsed, there are common injuries that arise from such accidents. For example, commonly seen injuries that arise from a balcony collapse include:

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IL injury lawyerAs young adults begin taking part in dangerous activities such as underage drinking, many parents may believe the safer route is to allow their minor teenager and their friends to drink at their homes. However, these parents, along with other parties who willingly provide alcohol to minors, should understand the persisting risks of underage drinking. In the event of serious injury or death, Illinois law allows for the adult who provided the alcohol or drugs to be held responsible.

Drug or Alcohol Impaired Minor Responsibility Act

In 2004, Illinois passed a law that placed significant responsibility onto individuals who supply alcohol and drugs to minors. Specifically, under the Drug or Alcohol Impaired Minor Responsibility Act, when an intoxicated individual under the age of 18 seriously harms another person or property or is harmed themselves as a result of the alcohol consumption, the adult who provided the minor with the drugs or alcohol may be held liable. In regard to this act, the adult is considered the social host.

Many people may be familiar with dram shop laws that exist throughout the country and place responsibility on alcohol sellers, such as bars or liquor stores. On the other hand, any person who supplies alcoholic beverages to underage guests who go on to injure a third party while intoxicated may be imposed with social host liability.

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IL injury lawyerOvermedication results when elderly patients take unneeded or excessive quantities of medication. When staff intentionally overmedicate their residents, it is considered elder abuse, whereas accidental overmedication may point to nursing home neglect. Nursing home staff may purposely overmedicate their residents to better control those who are more difficult and stubborn. If you believe your loved one may be a victim of overmedication at their nursing home, it is important to act quickly to avoid further injury and hold the proper parties accountable.

What Does Overmedication Look Like in Nursing Homes?

Lethargy, isolation, confusion, and excessive sleeping are just a few of the signs that someone may notice if their loved one is a victim of overmedication. Additionally, excessive quantities of medication can lead to depression, injury, and even death. When the overmedication is chronic, not only may the resident develop an addiction, but acute medical conditions may also.

There are several manners in which nursing staff may overmedicate their residents. If a staff member administers medication and neglects to monitor how the drug will interact with the resident’s other medications, this may be considered overmedication. Additionally, if there is no prescription for the medication, administering the drug can be considered overmedication.

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IL injury lawyerIndividuals occupy, patronize, and utilize public properties and facilities every day. They rarely stop to consider who maintains these properties and how that maintenance, or lack thereof, could possibly affect them. Holding property owners accountable for the condition of their property and how that condition may affect their guests is an aspect of premises liability. Guests and tenants who are injured by a property owner’s negligence should be aware of their rights and what damages they may be eligible to recover

Causes and Consequences of Inadequate Maintenance

When property owners neglect to put the time and effort into maintaining their site and its surroundings, guests of the property or business can sustain unnecessary injuries. Unfortunately, it is common for these maintenance issues to not be addressed until it is too late. This sort of premises liability can occur in numerous environments including the workplace, common areas such as shopping centers and apartment complexes, stores, roadways, and public transit.

Types of maintenance issues that could lead to guest injury include insufficient security, spills or fallen merchandise, uneven or broken stairs or sidewalks, overgrown or improperly maintained trees, and cluttered aisles and hallways. In addition, a property feature that is often overlooked is the property’s lighting. Unfortunately, a lack of proper lighting can lead to more opportunities for violent crimes and should be monitored on a regular basis.

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IL injury lawyerWe trust our doctors and pharmacists to provide us with safe medications that are meant to help us emotionally, psychologically, and/or physically. Unfortunately, these medications do not always meet this standard and instead can result in harmful side effects that could result in long-term consequences. Victims who suffer injuries from pharmaceutical drug defects can work with a product liability attorney to better understand the risks of consuming such drugs and who should be held responsible.

Causes and Consequences of Defective Drugs

The sale of over-the-counter and prescription medication in the United States is regulated by the Federal Drug Administration (FDA). However, FDA-approved drugs can still end up being defective, as evidenced by the thousands of drugs that have been recalled in recent years.

If consumption of a medication results in negative side effects, including severe side effects that outweigh the potential benefits of the medication, the drug is considered defective. There are multiple manners in which a pharmaceutical drug-related defect can transpire. A drug may result in dangerous and unexpected side effects if it was not adequately tested or if it was manufactured incorrectly. Additionally, drug defects also include drugs that are improperly or insufficiently labeled and fail to include necessary warnings.

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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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Kane County truck accident lawyerAlthough 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).

2. Since Trucks Cause More Damage, They Also Carry More Insurance

Auto insurance is determined by state requirements, as well as specifics about the driver and the vehicle. Insurance policies for commercial semi-trucks tend to have higher minimum liability coverage limits than passenger vehicle policies, meaning that injury victims may be able to recover greater compensation. The required insurance coverage for a truck can also vary based on a number of factors, including:

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IL accident lawyerCar 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.

How Is an Injury Settlement or Award Affected by Comparative Negligence?

If you are found to be partly at fault for a collision, the amount of damages that you may recover is reduced by your percentage of fault. For example, if you were found to be 20 percent at fault for a crash but the other driver is 80 percent at fault, you can still recover 80 percent of your damages.

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IL accident lawyerApartment 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:

  • Failing to install working smoke detectors or ensure the property has adequate fire escapes
  • Inadequate security measures such as broken locks
  • Poor lighting
  • Broken stairs
  • Missing handrails
  • Broken or dangerous balconies
  • Building code violations
  • Not removing snow and ice from the property per the lease agreement
  • Parking lot defects
  • Electrical hazards
  • Unsafe elevators or escalators
  • Dangerous conditions in the swimming pool are
  • Plumbing issues or leaks

When Is a Landlord Liable for a Tenant’s Injury in Illinois?

Obviously, landlords and apartment complexes cannot prevent every injury that occurs on the property. The four main components in a successful premises liability case include:

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IL accident lawyerIf 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.

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IL injury lawyerWhen 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.

What Kind of Damages Can Be Recovered in a Malpractice Case?

In many cases, medical malpractice can leave you with severe and/or lasting effects. In some cases, you may have difficulty getting through day-to-day life or you may be in constant pain. Depending on the circumstances surrounding your case, you may be able for damages such as:

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IL injury lawyerThere 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.

2. You did not inform your employer of your injury on time.

Like many other things, there are statutes of limitation that you must obey. For workers’ compensation claims, the Illinois Workers’ Compensation Commission (IWCC) states that you should inform your employer of your injury as soon as possible, but in no case later than 45 days after the day that you were injured.

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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 lawyerThousands 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.

Burn Injuries and Their Complications

All of the reports of injury that were received for these products were due to burns sustained by victims, some of which needed medical attention. Most of us have been burnt in some form over the years, however, burns can become extremely painful and even life-threatening in some situations. Burns are typically classified by degrees depending on how severe they are. A first-degree burn only touches the top layer of skin, while third-degree burns reach all the way to the lowest layer of fat beneath your skin.

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IL injury lawyerIt 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:

  • Asthma
  • Reproductive diseases
  • HIV
  • Dermatitis
  • Hearing loss
  • Post-traumatic stress disorder

Recovering Compensation For Your Illness

In most cases, claims for an occupational disease must be filed within two years of the last day of exposure to the thing causing the disease. In certain cases, such as those involving the inhalation of silica or asbestos dust, claims must be filed within three years. Diseases relating to exposure to radiation have up to 25 years to be filed. If the claim is filed within the appropriate amount of time, benefits can be collected. These benefits would be the same as if they were being paid out for a work injury. Benefits for an occupational illness or disease can include:

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IL motorcycle lawyerTraffic 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.
  • You should also wear other safety gear, as well. Other than a helmet, you should always dress appropriately when you ride. You should always wear long pants and long sleeves when you are riding. This provides a bit more protection for your bare skin against the asphalt. You should also wear boots that have a small heel and cover your ankles to protect your feet and increase your stability.
  • Check your bike when you take it out of storage. If you are taking your bike out of winter storage, there are various maintenance measures that you should take before you head out. You should make sure all of your lights and signals work properly, your hydraulics and coolant fluid levels are correct, and that your tires are in good condition and inflated properly.
  • Always follow all traffic laws and rules. Although it may be obvious, you should be sure to follow all traffic laws. Other drivers on the road expect you to follow the rules of the road and may not anticipate other actions that break the rules. Never weave in and out of traffic or lanes, as this can be dangerous.
  • Never ride when you are not 100 percent alert and focused. Even though it is illegal to drive a vehicle when you are under the influence, people still do it. However, this can be deadly if you are riding a motorcycle while intoxicated. According to the NHTSA, around 37 percent of people who died in motorcycle accidents in 2019 had alcohol in their system at the time of the accident.

Injured in a Motorcycle Accident? Our Kane County Motorcycle Accident Injury Attorneys Can Help

If you or a loved one has been injured in a motorcycle accident, you should speak with a skilled Aurora, IL motorcycle accident injury lawyer as soon as you can. Our team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. has more than 100 years of combined experience helping clients who have suffered effects of traffic accidents, including those involving motorcycles. Our skilled attorneys will do everything in their power to settle your case without having to go to trial but will be tenacious in pursuing compensation if it comes to that. Call our office today at 630-907-0909 to schedule a free consultation to get started on your case.

 

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IL accident lawyerIn comparison to the world around us, humans are rather frail and breakable creatures. There are countless ways you can become injured, but one of the most common ways is by being in a car accident. Millions of car accidents occur every year and produce an array of injuries, from mild injuries to more severe injuries that need immediate attention. Even if a car accident does not look severe, it has the potential to produce serious injuries. In some cases, injuries may not manifest right away. It can take a few days or weeks for some symptoms and injuries to show up, but you still have a right to hold the other person responsible for those injuries. If you have recently been in a car accident, here are a couple of common symptoms and injuries that can appear a short time after the accident:

  • Headaches: One of the most common symptoms that can appear after a car accident is headaches. Headaches can be minor inconveniences or it can be a sign that something more serious is wrong. In some cases, persistent or severe headaches could mean a brain injury or neck injury.
  • Neck pain or stiffness: It is also common for those who have been in a car accident to complain about a stiff neck or pain in the neck and/or shoulders. This is often the result of whiplash, which is an injury that occurs to the neck when a person’s head is forcefully thrown back and forth. In rare cases, neck pain could also be a sign of a spinal cord injury.
  • Abdominal pain: If you experience unexplained pain in your abdomen after a car accident, there could be a serious injury inside of you. Abdominal pain is often a sign of internal bleeding or other soft tissue damage. If left untreated, internal bleeding could cause other issues and eventually, death.

Our Aurora, IL Car Accident Injury Lawyers Are Here to Help

It is not uncommon for symptoms to take a bit of time to manifest or appear completely after a car accident. If you are experiencing any type of unusual symptoms after your car accident, you should seek medical attention immediately and then contact the skilled team at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. Our Kane County car accident injury attorneys will examine your case and help you fight for the compensation you need. To begin discussing your case, call our office today at 630-907-0909 to schedule a free consultation.

 

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IL injury lawyerPeople who are injured on the job or because of work they have performed will usually be eligible for workers’ compensation benefits. Workers’ comp will cover the costs of medical treatment for an injury, and a person may also be able to receive disability benefits if their injury has caused them to be temporarily unable to work or has permanently affected their ability to earn an income. While workers’ compensation covers all injuries that occur during or arise out of a person’s employment, there are some cases where employers or insurance companies attempt to deny a workers’ comp claim based on a person’s pre-existing condition. In these cases, injured workers will want to understand their rights and determine how they can receive the benefits they deserve.

Workers’ Comp Coverage for Aggravation of Pre-Existing Conditions

When a person suffers an injury while at work, they are entitled to receive workers’ compensation benefits if the injury arose out of their employment. In some cases, workers’ comp claims may be denied on the basis that a person had a pre-existing condition, and an employer or their insurer may claim that the injury did not occur because of the work that a person performed, but was solely caused by their existing medical conditions.

Workers should understand that even if they had a pre-existing condition, they will be eligible for workers’ compensation benefits if they suffered a new injury while working. These injuries may include the aggravation of any existing medical issues. For example, a person with degenerative disc disease may experience a worsening of this condition after lifting heavy objects at work. Even though they already had a known medical condition, an injury that required additional medical treatment or affected a person’s ability to work will be covered by workers’ comp.

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