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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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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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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 accident lawyerOf all the different types of car accidents, rear-end collisions often seem like the least serious, especially when compared to high-speed head-on collisions or T-bone accidents. In many cases, being rear-ended will result in damage to a vehicle while leaving a driver or their passengers unscathed. However, these collisions are rarely harmless, and in some cases, they can lead to serious injuries that can affect a person’s long-term health. Victims of rear-end collisions will want to get legal help from an attorney to determine how they can receive financial compensation to address their damages.

Potential Injuries in Rear-End Collisions

When a car or truck is struck from the rear, people inside the vehicle can suffer a strong jolt, and this can result in injuries such as:

  • Whiplash - A person’s head may snap back and forth suddenly due to the impact of another vehicle. This can cause damage to the vertebrae in the neck, and the neck’s muscles, ligaments, and tendons may also be injured. In more minor cases, this may cause a person to experience stiffness in the neck and loss of range of motion, but more serious whiplash injuries can lead to symptoms such as dizziness, blurred vision, headaches, or tingling or numbness in the arms, hands, or other extremities. These symptoms can persist for months or years after the initial injury occurred.
  • Traumatic brain injuries - If a collision causes a driver or passenger to strike their head on a headrest, the dashboard, or other objects in the vehicle, this can result in brain trauma. In mild cases, a person may experience headaches, temporary memory loss, confusion, or issues with balance and coordination. In moderate or severe cases, a person may experience permanent memory loss, speech disorders, personality changes, mood disorders, sensory issues, sleep disorders, or seizures. In many cases, symptoms of a brain injury may not appear until days or weeks after an accident.
  • Broken bones - A driver may suffer fractures in their arms if a collision took place while they had their hands on the steering wheel, or a vehicle’s occupants may suffer other types of fractures due to the impact. Depending on the location and severity of the fracture, a person may suffer temporary or permanent loss of function in the parts of their body that were affected.
  • Sprains or dislocations - The forces applied to a person’s body in a collision may cause unnatural motion of their limbs, which may lead to dislocated or sprained joints. In addition to receiving emergency medical treatment, a person may require ongoing treatment and physical therapy before they can regain full function in the parts of the body that were injured.

Contact Our Kane County Rear-End Accident Attorneys

Usually, rear-end collisions are caused by the negligence of the driver who struck another vehicle from behind. A driver may be at fault if they were speeding, tailgating, talking on a cell phone, or acting in other ways that put you at risk of injury. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you demonstrate fault for a rear-end accident, and we will work to make sure you receive the financial compensation you need and deserve. Contact our Aurora rear-end collision lawyers at 630-907-0909 to arrange your free consultation.

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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 have a long-lasting or permanent impact on a person’s life, and in some cases, they can affect a person’s ability to work. Fortunately, those who suffer these types of injuries while on the job have the right to receive workers’ compensation that will cover the costs of their immediate and ongoing medical care and provide disability benefits to address their loss of income. For those who have suffered injuries that will permanently affect their health and well-being and their ability to work, different types of permanent disability benefits are available. Permanent partial disability (PPD) benefits will cover situations where a person is able to return to work, but their injuries have limited the income they are able to earn or have permanently damaged parts of their body.

Types of Permanent Partial Disability Benefits

A worker may suffer a permanent partial disability (PPD) if they completely lost a part of their body through amputation, completely or partially lost the use of one or more parts of their body, or lost partial use of their entire body. Being unable to perform activities or work-related tasks that a person could do previously is considered a loss of use. PPD benefits will usually be calculated using the person’s average weekly wage (AWW) that they earned during the 52 weeks before their injury.

Before a person can receive PPD benefits, they must reach a condition of “maximum medical improvement” (MMI) in which any further treatment would not impact their ability to work. At this point, they may be eligible for one of the following types of benefits:

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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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