Recent Blog Posts
When to Consider Seeking Guardianship of an Aging Adult
Seeking guardianship over an adult loved one is not a decision to be made lightly. There are quite a few factors that you should consider before taking this rather drastic step. However, becoming a guardian for an aging adult is sometimes a necessary step to keep them safe and financially stable. As people age, a variety of medical conditions such as Alzheimer's or dementia can prevent them from making reasonable decisions about their life or make it impossible for them to responsibly manage their property and finances. While it may at times be a difficult step - legally and emotionally - it may be the best way to protect a loved one.
A guardianship attorney may be able to help you decide whether filing for guardianship is an appropriate step, and guide you through the court proceedings if it is.
What Are the Two Types of Guardianships in Kane County?
First, you should know that there are two types of guardianships - guardianship of the person, and guardianship of the estate. Guardianship of the person allows the guardian to make decisions such where the person under guardianship (the “ward”) will live. This type of guardianship is often sought when an elderly person can no longer safely live at home, but will not voluntarily go to a care facility.
What Should I Do If I Was Misdiagnosed With Cancer in Illinois?
According to the CDC, over 1.6 million people learn that they have cancer every year. As the second most common cause of death in the United States, cancer claims the lives of far too many people on an annual basis. However, not everyone who is diagnosed with cancer actually has cancerous cells in their body. Additionally, not everyone who has cancer is diagnosed with cancer upon seeking medical attention for their health concerns. Anywhere from 10 to 20 percent of people who receive a cancer diagnosis eventually learn that they were wrongfully diagnosed.
Whether they were told that they had cancer when they did not or they received a different diagnosis despite having cancer, a misdiagnosis of cancer in any capacity can greatly affect the lives of those who have been misdiagnosed. You may be wondering how there could be any confusion about someone’s medical status, but the reason behind a cancer misdiagnosis often comes down to medical malpractice.
What Should I Do If I Suspect Nursing Home Negligence?
The goal of finding a nursing home for your older friends or family members is to provide them with the opportunity to receive care when living alone is no longer an option for them. Many nursing homes are presented as being both credible and safe for the elderly.
As a concept, a nursing home sounds like a lovely place of residence where residents will be protected, assisted, and cared for on a regular basis. Unfortunately, not all nursing homes provide the competent care residents deserve.
Occasionally, residents of nursing homes are subjected to negligence on behalf of those who are supposed to keep them safe. If you suspect that your loved one was injured or killed by nursing home negligence, there are a few key steps that we suggest you take immediately upon becoming aware of the circumstances.
What Counts as Nursing Home Negligence?
In Illinois, nursing home negligence is defined as the abuse or neglect of a resident who is residing in a long-term care facility.
What is the Statute of Limitations For Medical Malpractice Lawsuits in Illinois?
Patients should be able to enter offices, clinics, and hospitals with full confidence that they can trust their healthcare provider. However, the unfortunate truth is that not all medical procedures are conducted safely, and every so often, instances of medical malpractice take place.
Medical malpractice is a form of negligence that happens at the hands of medical professionals, such as nurses, doctors, physicians, clinicians, dentists, and ophthalmologists, among other professions. Examples of medical malpractice may include being prescribed the wrong medication, not receiving the proper dose of anesthesia prior to surgery, or failing to diagnose a patient with a disease like cancer.
Even though medical malpractice can cause serious and irreparable damage, negligence of this nature can be very difficult to prove. However, knowing that information should not deter you from pursuing justice and seeking appropriate compensation for your experience. It all starts with hiring an experienced attorney and understanding the statute of limitations.
Can I File a Workers’ Compensation Claim for Psychological Injuries in Illinois?
No matter which industry you work in or the job title that you hold, all types of employment come with their own set of stressors and complications. Ideally, your job will not cause you to experience unbearable stress or other related mental health concerns.
However, some employees find themselves wondering what their legal rights are in the midst of heightened stress that makes them concerned for their mental health. If you are interested in learning about whether or not you can file a workers’ compensation claim for post traumatic stress disorder (PTSD), anxiety disorders, or other mental illnesses in Illinois, keep reading.
What Is a Workers’ Compensation Claim?
A workers’ compensation claim refers to a legal demand presented by an employee who sustained an injury, developed a disability, or was otherwise harmed because of their job. Illinois employers are required to carry workers' compensation insurance.
What Aurora Residents Should Know about Temporary Partial Disability Payments (TPD)
Returning to work after suffering a serious workplace injury is a cause for celebration; it is a sign that things are getting back to normal.
However, returning workers often do not work regular hours right away, and their job duties are often less than what they were pre-injury. Such “modified jobs” allow workers to ease back into full employment, but they also create financial hardship. Workers that come back in a limited capacity usually make less money than they did pre-injury.
Thankfully, there is a solution called Temporary Partial Disability (TPD). TPD is intended to help close the gap between the reduced wages the worker receives in a reduced capacity, and the wages he was making pre-injury working in a full capacity.
TPD payments are calculated using a formula. The returning worker will receive 2/3 (66%) of the difference between the income he earns in a reduced capacity and the net wages he was making pre-injury.
Understanding Evidence in Kane County Truck Accident Cases
Truck accident victims are often left with debilitating physical injuries, not to mention medical debt, job loss, and mental trauma.
Recovering compensation for these losses is often a long and arduous process. Thankfully, victims have rights under Illinois Law. If the accident was caused by negligence or wrongdoing, they can file a personal injury claim against those responsible. A successful claim may result in financial compensation for losses resulting from the accident.
The thrust of every claim is, of course, the evidence. The evidence presented will determine who is at fault and how much money the plaintiff is owed if the court rules in their favor.
Critical Forms of Evidence in Truck Accident Cases
Police Report - After a truck crash, law enforcement will arrive at the scene to take a report, make observations, and talk to witnesses. The truck driver may share crucial information about the accident, not appreciating the ramifications of his words. His or her statement may be admitted into evidence and could play a major role in the court’s verdict.
Uterine Ruptures Can Injure Both Mother and Baby
Despite advances in medical technology, thousands of mothers and babies are injured during childbirth every single year.
Uterine ruptures are one of the most common, and most serious, birth injuries. The term describes the tearing of the uterine wall during childbirth. Severe complications often follow uterine rupture. The mother may experience severe bleeding, which can cause the baby to suffocate in the womb. In rare cases, uterine rupture is fatal to both the mother and the baby.
Even if both parties survive, they may be left with permanent disabilities. The Mother could suffer permanent damage to her uterus, rendering her unable to sustain future pregnancies; babies are often left with impaired cognitive function, a product of oxygen deprivation.
What Causes Uterine Ruptures?
Women with prior c-sections are most at risk for uterine rupture. The scar tissue along the surgical site is left weaker than the surrounding area. During childbirth, the pressure of the baby moving through the birth canal can cause this tissue to fray and eventually tear.
What Is Vicarious Liability in an Illinois Auto Accident Claim?
A serious injury has tremendous consequences far beyond bodily harm. You may be unable to work, burdened by medical debt, and troubled by psychological trauma.
Overcoming these obstacles is incredibly challenging. If a person’s injuries are the result of negligence or wrongdoing, they can file a personal injury claim against those responsible to pursue compensation for the harm they suffered.
There is, for example, significant confusion regarding who can be sued. It is often assumed that only the person directly responsible for an accident is liable, but in reality, many different parties could be responsible because of the doctrine of vicarious liability.
Car Accidents
Vicarious liability is sometimes a factor in car accident claims. If the car involved in the accident is not owned by the person driving it, another party may be liable for damages caused in an accident. For example, if an employee causes an accident while performing work duties, the employer may be legally responsible. An underage driver is an additional example. In this scenario, the plaintiff could potentially bring a claim against the child’s parents.
Navigating the Workers’ Compensation Appeals Process
Suffering a serious workplace injury can disrupt your life on multiple fronts. Besides debilitating physical injuries, you may be left unable to work and with a mountain of medical debt. It may be difficult to simply pay the rent and put food on the table. However, your situation becomes much more perilous if your workers’ compensation claim is denied. Unfortunately, employers and insurance companies devise crafty ways to avoid their responsibilities to injured workers. For example, they may claim that the injury is not work-related or not serious enough to prevent the claimant from working. Thankfully, injured workers can appeal denied claims to pursue the benefits they so desperately need and deserve.
Workers' Compensation Arbitration
When an injured worker believes they were wrongly denied workers compensation benefits or that the size of their benefits package was too small given their injuries, they may file a claim with the Illinois Workers Compensation Commission.
