Recent Blog Posts
Seeking Compensation for a Family Member’s Wrongful Death
For many people, losing a loved one is the worst thing they can contemplate. The death of a family member can be devastating, and their survivors are likely to experience a great deal of grief and sorrow, which can make dealing with burial arrangements, inheritances, and other legal issues incredibly stressful. When the death was caused by someone’s negligence, these emotional difficulties can become much worse, and a person’s untimely death can also result in a great deal of financial strain for their family.
Fortunately, the law allows a person’s survivors to pursue a wrongful death claim against the party or parties who were responsible, providing them with compensation for the damages they have suffered.
Wrongful Death Under Illinois Law
The Illinois Wrongful Death Act (740 ILCS 180/) defines wrongful death as “the death of a person caused by wrongful act, neglect, or default.” Any party which acted in a way that contributed to a person’s death, whether those actions were intentional or unintentional, may be found liable for the wrongful death. Negligent parties can include individuals, organizations, or companies.
Drug Manufacturers May Be Held Liable for Defective Generic Drugs
Modern medicine provides people with many treatments that can greatly improve their quality of life. There are drugs available on the market which provide people with important medical benefits for a wide variety of conditions. While we expect the drugs we use to be safe, this is unfortunately not always the case. Many drugs can cause serious harm to their users if they are used incorrectly, when they interact with other drugs, or when they result in unforeseen side effects.
When someone is injured after using a defective drug, they may be able to seek compensation from the drug manufacturers. A recent court ruling in Massachusetts may affect product liability cases involving generic drugs.
Liability for Generic Drugs
A product’s manufacturer is required to provide adequate instructions for the use of a product, as well as warnings about the potential dangers of using the product. In defective drug cases involving failure to warn, the user of a drug may be able to receive compensation if they can show that they were injured because a manufacturer did not provide the necessary warnings about the use of the drug.
Falls Are a Leading Cause of Construction Accident Injuries and Deaths
Construction workers often face dangers as part of their everyday jobs, due to the heavy materials and complex machinery they use. However, while injuries at a construction site can come from a variety of sources, the most common types of construction accidents involve a fall on a worker’s same level or to a lower level.
According to the Bureau of Labor Statistics, there were 991 fatalities from construction accidents in 2016, and 370 of these deaths were from falls. Fatal falls occur in a wide variety of situations, including from ladders, roofs, scaffolding, and stationary vehicles or equipment. These falls can happen for a variety of reasons, including faulty equipment, failure to follow safety procedures or use proper safety equipment, inadequate training, slippery or unstable surfaces, or unprotected holes or edges.
What Is Strict Product Liability?
When we use consumer products, we expect them to be reasonably safe. However, products often make their way through the design and manufacturing process and become available for sale even though they have some sort of defect that causes danger to people who use them. When somebody is injured by a defective product, it is important to understand the options for pursuing compensation from the parties who were liable for their injuries.
Types of Product Defects
Defective products typically fall into one of three categories:
- Design defects - A flaw in the inherent design of the product that existed prior to the beginning of the manufacturing process. For example, vehicle brakes that were not designed correctly may fail, regardless of whether the correct manufacturing processes were followed.
Common Causes of Truck Accidents in Illinois
While today’s vehicles provide more safety features to drivers and passengers than ever before, thousands of people are still injured or killed in car crashes every day across the United States. Collisions involving semi-trailer trucks are especially dangerous, due to their large size and weight. Truck accidents result in nearly 4,000 fatalities and 100,000 injuries every year, and unfortunately, many of these accidents are preventable. Drivers who have been injured in a collision with a tractor-trailer truck should understand the potential causes of these types of accidents and their options for pursuing compensation from the liable parties.
Leading Causes of Truck Crashes
Truck drivers must receive training and meet a number of requirements to receive a commercial driver’s license (CDL), and they must follow certain procedures when driving. In addition, trucking companies are required to follow specific rules and regulations designed to maintain safety on the roads. Unfortunately, drivers and their employers sometimes fail to meet these requirements, and deadly accidents can result from their negligence. Some of the common causes of these crashes include:
Temporary Partial Disability Vs. Temporary Total Disability
Work is an essential part of a person’s life, allowing them to earn an income and provide for their family. When someone is injured at work, they have the right to receive workers’ compensation to pay for their medical bills and provide for their needs when they are unable to earn an income during their recovery. If an employee’s inability to work is expected to only last for a short time, they may be eligible for either temporary partial disability (TPD) or temporary total disability (TTD), and it is important to understand what is provided in these forms of compensation.
What is Temporary Partial Disability?
If an employee’s injury has resulted in an inability to fully perform their duties, they may only be able to work on a part-time basis or perform lighter duties while they are recovering, and this may result in a reduction in their pay. During this time, the employee can receive temporary partial disability benefits of two-thirds (66 2/3%) of the difference between their normal pay and the reduced pay.
Why Teen Drivers Are More Likely to Be Involved in Car Accidents
Being involved in a car accident at any time of the year can be a very scary experience. During the winter, slippery roads and conditions that reduce visibility make car accidents more likely to occur. Even for the most experienced drivers, driving in inclement weather can be hazardous. If the driver is a teenager, then he or she must use extra precaution while on the roads, as a lack of experience behind the wheel can lead to a dangerous or even fatal collision.
Teens and Car Accidents
At any time of the year, teenagers are much more likely to be involved in car accidents than adults and more experienced drivers. Research shows that:
- For every mile that teenagers between the ages of 16 and 17 years old are on the road, they are 3.9 times more likely to be involved in a car accident than drivers over the age of 18.
How Do You Know You Can Trust Your Doctor?
When you receive medical treatment, you put a great deal of trust in your doctor. Unfortunately, there are far too many cases where individuals have been seriously injured or killed because of a misdiagnosis or other medical error by their doctors. To decrease the likelihood of medical malpractice, it is best to choose a doctor who will give you their undivided attention and listen to your questions and concerns.
How to Find the Right Doctor
Finding the doctor who will meet your specific needs can be very difficult. However, there are five basic criteria that a good doctor should meet:
- Doctors should answer questions fully. Rather than providing simple yes or no answers, doctors should provide complete explanations and ask patients to repeat instructions back to them.
Sexual Assault and Harassment in the Workplace
Sexual assault is an experience that no one wants to go through, and victims of assault will experience a great deal of emotional and physical pain. Sexual assault and harassment are a major concern in the workplace, and if an individual has experienced this type of unacceptable behavior, they should understand that they are not alone and take steps to address the situation.
What Constitutes Sexual Assault in the Workplace?
Sexual assault takes place when one person tries to engage in sexual activity without the consent of the other person. This type of assault can happen in the workplace at any time, and should always be taken seriously. If a person touches another coworker in a sexual manner, even over the clothes, this is considered sexual assault that should be reported.
Even if a worker’s actions do not constitute assault, people should not be made to feel uncomfortable or threatened in the workplace. Even seemingly harmless actions or comments can be considered sexual harassment, and if someone experiences or witnesses these types of illegal actions, they should confront the person committing the harassment or report them to management before the situation gets any worse.
Life-Changing Award for Brain-Damaged Victim
Making a difference in the lives of people is why our law firm exists. A striking example of that commitment is the recent work of Mark Masur and Pat Flaherty. Following an intense five year battle, they obtained a life-changing award for a construction worker who suffered brain damage after being struck by a train. The award will allow the worker and his family to rebuild their lives and to enjoy a secure and stable future. For us, few things compare to the satisfaction of righting wrongs and renewing the human spirit. Congratulations to Mark and Pat for standing tall. Justice is seldom easy, but it is always worth the fight.
For more information about how the attorneys of Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you receive the compensation you deserve for injuries suffered due to someone else's negligence, contact us at 630-907-0909 to schedule a free consultation.
