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Aurora personal injury attorneyIn any Illinois personal injury case—a car accident, a workplace mishap, or a bicyclist or motorcyclist injury crash—there is one person who is repeatedly made a focal point of the injured victim’s case: the “reasonable person.” The victim’s entire case for compensation often rests on what this “reasonable person” would have done in the same situation. If a judge or jury believes the allegedly negligent defendant acted in the same manner as the reasonable person would have acted, then the injury victim’s case will fail. Conversely, if the defendant is determined to have behaved in a manner at odds with the how the reasonable person would have behaved, then the defendant will be found to have acted negligently and may be held responsible for the injured plaintiff’s losses.

Characteristics of the Reasonable Person

The reasonable person in personal injury cases is fictitious—he or she does not actually exist. Nonetheless, there are several characteristics about the reasonable person that are worth noting:

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Kane County personal injury attorneyNo one should be above the law. Yet, in the minds of some, this is exactly what a group representing firefighters and municipalities are trying to accomplish by introducing a bill that would reinstate the so-called “public duty rule.” The law, which dates back to the 1800s, broadly protected paramedics and firefighters from lawsuits while on the job, even when those actions stemmed from willful or wanton negligence. Essentially, no form of conduct – even conduct that intentionally or recklessly endangered the public – was considered reprehensible under the law.

Public Duty Rule Unnecessary and Unlawful

Under any other circumstance, the public has the right to expect that they will be protected from harm or injury caused by negligence, recklessness, or maliciousness. Drunk drivers receive criminal penalties and may be taken to court for damages. Negligent physicians, nurses, anesthesiologists, and hospitals may be subject to malpractice lawsuits and, in some circumstances, could lose their license to practice medicine. Even business owners are expected to provide reasonable protections to their patrons; failure to do so makes them subject to a premises liability lawsuit.

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Kane County personal injury attorneyThe winter holiday season is fast approaching. This is a time when millions of Americans are expected to travel to various destinations. A significant portion of the population finds traveling by personal vehicle the most beneficial to their situation. In previous years, AAA estimated that 98.4 million drivers were on the road throughout the end of the year holidays, traveling over 50 miles each direction. The staggering number of vehicles on the road is not only impressive, but it also increases the likelihood of motor vehicle accidents due to negligent drivers.

What Constitutes Negligence?

When another driver’s actions or inactions lead to an accident which causes injuries to you or your loved ones, you are entitled to collect compensation. A lapse in attention or judgment while behind the wheel by the other driver may constitute negligence, leaving him or her responsible for the subsequent damages. Negligent driving may include:

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Kane County personal injury attorneyAn estimated 30 million Americans have experienced a loss of hearing. Another 22.5 million have suffered a loss in vision. Some of these cases are due to genetics, diseases, age, or other conditions that may be specific to the person. However, there are other instances in which the loss of sight or hearing was caused by the negligent actions of another. If you or someone you love has experienced visual or auditory losses and believe negligence may have been the cause, the following information can help you better understand your legal rights, including your right to pursue compensation.

Hearing Loss and Negligence

Loss of hearing, whether partial or complete, can greatly change the way a person interacts and communicates with the world around them. For example, if someone experiences a partial loss of hearing, they may be less apt to hear a noise that might indicate a potential danger (i.e. an approaching car, etc.). If they suffer from complete loss of hearing, they may need to learn a whole new way to communicate, such as learning sign language and/or learning how to read lips.

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