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IL nursing home abuse lawyerMany elders resist the recommendation to move to a nursing home. Family members may have good intentions, but moving to a nursing home facility is intimidating. It is also hard for someone to admit that they cannot take care of themselves like they used to. There is a negative connotation around nursing homes which, too, makes people apprehensive. Elders and family members alike may have concerns regarding the kind of care being administered. Like a person living at home, residents of nursing homes have rights and when those rights are denied, the facilities can be held negligent.

The elder population is growing rapidly. The World Health Organization estimates that by 2050, the population of people over the age of 60 years old will double. Today, 1 in every 6 people in the same age group have experienced some form of elder abuse. Family members are not excluded from elder abuse, but there is a high rate of abuse in nursing homes. In 2018, two out of three staff members in long-term living for elders admits to having committed abuse that year.

The Federal Nursing Home Reform Law of 1987 created standards for nursing homes. These rules protect the rights of elders and give ground to cases of negligence.

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IL injury lawyerWhen a serious injury or death occurs, holding the responsible party accountable is important. If a person slips at a grocery store or gets into a car accident, they may be able to file a personal injury lawsuit to financially compensate for medical bills and suffering. When an injury happens at work, or because of work conditions, however, employees cannot sue their employer. This is when workers’ compensation insurance comes in.

Workers’ compensation insurance is a requirement for most employers in Illinois no matter their revenue or company size. This insurance protects employees if they get hurt because of work, and offers benefits such as medical bills and lost wage coverage. For employers that do not have coverage, there is up to a $500 a day fine for each day of noncompliance - with a minimum penalty of $10,000. For employers that knowingly do not have insurance, the Workers’ Compensation Commission may issue a stop-work order until obtained coverage can be proven.

When an employee is injured, workers’ compensation steps in instead of a lawsuit. It protects both workers and employees this way. Workers are eligible for benefits to assist with care after an injury and employees can avoid a costly lawsuit. However, if an employee does not have the required workers’ compensation insurance, they can be sued if an employee is injured during a time of no coverage. Benefits paid by workers’ compensation insurance have certain limits, but if an employee is eligible to sue their employer for an injury, there are no limits with what they can ask for.

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IL injury lawyerWhen we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.

Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.

The standards for cosmetic companies has increased over time. There was a time where ingredients like lead were commonly used in makeup. Now, the heavy metal is widely known as a poison that could kill a person with enough exposure. It is the company’s responsibility to protect consumers from harmful ingredients. When known toxins are included, and consumers are not warned about the risk, their personal care item could eventually cause death.

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IL accident lawyerGetting injured at home would not likely result in a personal injury case. However, if a person got hurt in the home of someone else, or another public or private property, they may have a case if there was negligence on the land owner’s part. A premise accident is when a property owner has legal responsibility for an accident that happens due to neglecting to provide a safe environment.

Negligence when it comes to premise accidents has to do with a lack of action on the part of the property owner. For invited parties, property owners must keep a standard of care in maintaining safety. An accident can happen anywhere, but it does not necessarily mean someone is liable. These circumstances involving negligence are considered premise accidents.

  • Slipping on ice: A safe property in the summer can turn into a danger zone come winter. Snow and rain will freeze to surfaces during the coldest times of the year. Even a person wearing snow boots may succumb to the icy footing. It is a property owner’s responsibility to make sure it is reasonably safe to walk on the property. Salt or sand can help create a more secure footing on stairs and other outdoor spaces. Slipping on ice can lead to a variety of injuries after a fall.
  • Getting bit by an animal: We love our pets, but they may get defensive when faced with a new situation or person. If a person was not causing a treat to a family pet, then the owner may be liable for the animal’s behavior. Getting bit by a dog can lead to several health problems including infection. Especially if the dog has a history of violent behavior, the owner will be held liable.
  • Drowning in a pool: Swimming pools are a great addition to a home or a fun place for the whole family during the summer. However, they do pose risks if not supervised or maintained. If there is damage to the pool’s structure and someone slips and drowns, the pool owner may be liable for not fixing the issue. Pools should be marked with no diving signs when appropriate to avoid confusion as well. A person may dive in shallow water, and if the water debt was not made clear, the accident could have been avoided.

Contact a Kane County Premise Accident Attorney

If you have been involved in one of the above scenarios, or have been otherwise injured due to the negligence of a property owner, contact an experienced Aurora premise accident attorney. Call our office at 630-907-0909 to schedule a free consultation.

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IL accident lawyerCar accidents, no matter how small can have lasting effects on the people involved. A fender bender may make a more anxious driver, or a serious accident can cause traumatic injuries or death. No matter who is at fault of the accident, there are standard procedures one should take. These things will not only prevent further devastation, but they may also help with an insurance claim of personal injury case.

The very first step after getting into a car accident may depend on the severity of the situation. If after an accident, you are in immediate danger, get to safety if possible, and then call 911. If the accident happened and you are not in direct traffic and the car is safe to remain in, calling 911 should be the first step. Even for minor accidents where no one is hurt, calling the police is still recommended. An insurance company will want an accident report when you file a claim, and it is documentation that the accident happened.

While waiting for a police officer to arrive at the scene, collect insurance information from the other driver. When you file a claim, the insurance companies will decide which side pays damages. For the person who caused the accident, their insurance company would likely pay. Examples of this would be if the driver was texting and driving, driving while intoxicated, or driving recklessly.

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IL injury lawyerEven with insurance, sometimes basic medical care can be expensive. When someone experiences a catastrophic injury, the financial expenses and rehabilitation can be hard to manage by an injured person and their family. When a person goes through an accident or becomes ill, because of work, their medical expenses can be covered through workers’ compensation insurance.

Most employers in Illinois are required to purchase workers’ compensation insurance for their business or company. Even small businesses with a few employees must be compliant. This insurance protects employees if they are hurt and cannot return to work. Coverage can begin as early as three days after an employee could not come back to work because of an injury. Along with coverage for medical expenses, workers’ compensation will also provide financial support for an employee.

The kinds of injuries that will likely receive workers' compensation benefits after are burns, broken bones, paralyzation, brain damage, repetitive strain, lung diseases, and amputation.

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IL injury lawyerAbuse as a negative effect on others no matter their age. However, due to children still learning and developing, sexual abuse especially can have long term effects on victims. Children cannot consent to sexual acts. In Illinois, if the offender has power over the minor, the age of consent is 18-years-old. The assault of a consenting adult is still a crime, but when the victim is a child, more is at stake.

More than four children die every day in the United States because of abuse. The majority of these children are under the age of three. When it comes to sexual abuse, one in three girls and one in five boys will be subject to sexual abuse before the age of 18. Incidents of strangers abusing children are more isolated, and 90% of all child sexual abuse is done by a known person to a child. The most likely offenders are family members.

There are many symptoms a person can face after being sexually abused as a child. Some of these effects can be seen right away, but others may manifest later in life and continue to impact a child victim. An adult who faced sexual abuse as a child may face these things in their life after the fact.

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IL malpractice attorneyDuring some personal injury cases, it is quick to know when someone is negligent. A drunk driver would be breaking the law or a tired truck driver would be going over their hours. However, medical care is more subjective, and negligence may not be learned until later on. Unfortunately, sometimes this means that people with early stages of deadly progressive diseases are not diagnosed until it is too late. When is it too late to report medical malpractice?

Doctors and other medical professionals are supposed to operate under a medical standard of care. Although there is no concrete definition for this standard of care, it is used to compare a doctor’s actions regarding a situation where malpractice is claimed. For example, in a courtroom it is defined by expert testimony, and how the doctor's actions compare to a reasonably competent doctor with the same resources. Best practices and medical standards may develop over time with medical advances and knowledge.

A doctor making a mistake may not necessarily mean they are negligent. Illnesses can have many symptoms that overlap, making it hard to get a concrete diagnosis. The important part is that the doctor’s actions did not cause harm. For example, if a doctor diagnosed a patient and started treatment, but a test came to show it was something else and the doctor switched treatment, they likely would not be found to be negligent. If the doctor purposely ignored the test results, and the patient fell severely ill without the correct treatment, it may be malpractice.

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IL accident liabilityIn work environments where there are everyday dangers present, safety standards are important to uphold by employers. When things slip through the cracks, and an employee gets severely injured, they are able to file for workers’ compensation. When shortcuts are made by employers, employees and their families are the ones that suffer.

After a work-related accident or injury, most employees have the right to file for workers’ compensation if they cannot immediately return to work. Workers’ compensation insurance is required for all employers no matter the size of their company. The benefits included after filing for workers’ compensation include reimbursement for lost wages and medical expenses having to do with the work injury.

If an accident is caused by the employee, they are still eligible for the benefits. Workers’ compensation is there to protect workers, and also prevents lawsuits between employee and employee regarding work conditions. Accidents can be prevented when employees and employers follow safety standards. These are some of the top violated Occupational Safety and Health Administration (OSHA) standards.

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IL truck accident lawyerTruck accidents are one of the most dangerous auto accidents a person can be involved in. This is because commercial trucks can weigh up to 80,000 pounds, which can easily cause devastation. People in passenger cars and motorcycles are the most at risk during a truck accident. During 2017, nearly 5,000 people were killed in truck accidents, and only 18% of those deaths were occupants of a truck.

When someone is involved in a truck accident more questions arise than answers. Many variables can contribute to any auto accident, but what makes truck accidents unique is that a company is behind a truck instead of another private party. A truck driver on the road is at work, and are required to follow rules like any other workplace. When these rules are broken by either the truck driver or the supporting company, the consequences are large. A victim of a truck accident may have these questions following the incident.

Do I Need an Attorney?

It is not a requirement for an accident victim to have a lawyer, but if they are seeking compensation, they will be the best resource for a successful settlement. The most important part of any personal injury case is proving negligence. If a driver was overtired or the company was not properly maintaining their fleet, a skilled attorney will know to collect this evidence for a case. Unlike a private party, a trucking company likely has a team of lawyers for this reason, so going at it alone will not likely end in the plaintiff’s favor.

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IL defective product lawyerCompanies design products not only for profit but for our benefit. However, sometimes these products fail and cause harm or death to consumers. A product can harm a person because of a manufacturing defect, a poor design, or from an inadequate warning. A defective product may not necessarily cause serious harm or death, but when consumers suffer it is the responsibility of companies to be held liable after the fact.

The important part about a product liability case is proving that something was wrong with the product and that an injury occurred. How a product is used when the injury occurred is also important. For example, if a consumer was tampering with the electronics of a product, they would not likely have a liability claim of they were electrocuted and hospitalized. Getting compensation after a faulty product affects a person's life can cover medical expenses and time away from work. If someone dies from a fault product then their family may be eligible for compensation instead. The following are deaths caused by negligent defects.

Cars are one of the most dangerous things an average person operates. When they are manufactured or designed poorly, the consequences can be worse than a car accident. From Fiat Chrysler, 1.5 million vehicles were put on the road that had a dangerous design regarding the fuel tank. Months after the recall began, a 17-year-old boy died in a car fire caused by a manufacturing defect. In Grand Cherokee and Jeep Liberty SUVs, the fuel tank was located behind the axel. Seventy-five people have died due to fires caused by the tank being ruptured, and leaking fuel upon impact.

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IL nursing home abuse lawyerIn an ideal world, we could take care of our loved ones as they get older. However, the children of elderly parents often have children of their own, and lives to maintain. Some elderly people require around the clock care, and unless a loved one volunteers to be a caregiver, they are left in the care of others. We trust healthcare providers to care for loved ones as they end their lives, but what happens when nursing home neglect is suspected?

Elders can be vulnerable due to their mental or physical abilities. The World Health Organization estimates 1 in 6 elders face some form of abuse. Even family members can participate in elder abuse, but a shocking 2 out of 3 elder focused healthcare workers admit to having abused a person in their care. Abuse can contribute to a faster deterioration of health, so family members need to recognize the signs of various nursing home neglect.

Physical Abuse: Causing physical harm to a patient comes in many forms. This can be violent harm, such as hitting, or negligent harm like refusing care. A healthcare professional may lash out at a patient out of frustration or rage and cause injuries. Take note of any unexplained cuts, sprains, or bruising. If a loved one breaks a bone, question the staff about how it occurred. It could be as innocent as a fall, or they could be suffering abuse.

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IL injury lawyerPremise accidents can happen anywhere. From a friends’ home to the grocery store, if a person is injured while on the property of another, they can file for a personal injury claim. The most common premise accidents are slips and falls, but a person may also have a case after a dog bite, fire, or swimming pool injury. There are many reasons why a person may fall, but the key to a personal injury lawsuit is proving negligence.

What Is Negligence?

Although a property owner may not purposely cause harm to a person, if an accident could have been prevented, they may be considered negligent. Negligence is having the opportunity to fix an issue, such as a broken stair, but not following through. If a property owner is aware of an issue, they have the minimum obligation to put a warning up. For example, a wet floor sign is considered an adequate warning if surfaces are slippery inside a store after a rainstorm. If a person falls due to a medical condition, such as fainting, they would not likely be able to sue the property owner because there was no negligence involved on their part.

According to the Centers for Disease Control and Prevention, 20% of all falls lead to serious injuries. Even tripping over an exposed wire could lead to a broken bone or head injury. That being said, most falls do not end with an injury that requires hospitalization. However, the ones that do can cause stress like not being able to go to work and getting expensive medical bills. This can negatively affect not only the individual victim but their family too.

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IL injury lawyerAfter any serious accident is a time of uncertainty. Luckily after an accident that happened at work, there are protections to alleviate some of the anxiety a serious injury can cause. It is a person’s legal right to file for workers’ compensation after a work accident, and certain benefits will be available based on the severity of the injury.

With a personal injury case, such as a car accident, to receive compensation for damages a person must sue the other involved party. With a workers’ compensation laws, an employee cannot sue an employer for an injury obtained while on the job. Instead, the employee will file for workers’ compensation. All employers are required to have workers' compensation insurance if an employee gets hurt. Workers’ compensation provides benefits such as pay for missed wages and medical care after a workplace injury.

If a workplace injury can be taken care of with a basic first aid kit, then it will not qualify for workers’ compensation. Filing for workers’ compensation means that an employee cannot work for a short or long time due to an injury, or has been developed an occupational disease. When a worker cannot return to their job, their benefits are categorized by the following:

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IL truck accident lawyerFor people who do not own a car or have limited access to public transportation, getting around can be challenging. Rideshare companies such as Uber and Lyft created a more reliable and transparent service available at our fingertips. Taxis are more prevalent in large cities, but with rideshare companies, a car will come right to you, and the distribution is growing rapidly. Rideshare companies allow drivers flexible income, but what happens when one of those drivers gets into an accident?

In most states, not having car liability insurance is against the law, but it is a requirement for all rideshare drivers. A personal insurance plan may not cover work as a driver, so Uber provides their drivers with additional coverage. This additional coverage only applies when a driver is actively working and the app is on - otherwise the driver’s insurance will cover them. If a driver’s coverage does not cover driving for rideshare, then Uber provides the following when a driver is waiting for a request:

  • $25,000 in property damage
  • $50,000 in bodily injury per person
  • $100,000 in bodily injury

When a driver is en route or has a passenger in the car, Uber will offer up to $1 million in third-party liability coverage.

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IL truck accident lawyerNo one expects to get into an accident with a truck. If anything, most drivers are extra cautious around such vehicles that can weigh up to 80,000 pounds in the United States. According to the Federal Motor Carrier Safety Administration, nearly 5,000 trucks were involved in fatal accidents in 2017. No matter the safety precautions other drivers take, they can still fall victim to poorly maintained fleets or exhausted drivers.

When it comes to truck accidents, it is drivers in passenger cars that are most at risk. Trucks are large and heavy, so while they could crush a small car, they keep the truck driver relatively safer. An accident with a truck can result in life-altering injuries for anyone involved. This can prevent a victim from returning to work and racking up medical bills, creating many uncertainties. Luckily, contacting a personal injury attorney can assist you after an accident to receive compensation for the accident.

After a truck accident, a lawyer would most likely recommend filing a personal injury lawsuit. This is when a person has suffered, whether physically or emotionally, because of the negligence of the other party. It is the responsibility of the plaintiff and their lawyer to prove that the defending party was at fault. A lawyer will pull information such as the police report and federal regulations to compare to the accident and investigate if a third party could have been at fault.

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IL malpracticeA parent must care for and protect their child. However, what happens when a child is injured or dies due to the negligence of a doctor? We trust doctors to know what is in the best interest of our health, so it can be a difficult time when a child is endangered from a trust we put in a practitioner or hospital. When negligence is involved, it is possible to sue a medical professional for malpractice to collect compensation for pain and suffering.

What is Medical Malpractice?

Doctors agree to administer a certain standard of care across the board, but when those standards are not met, it is the patient that suffers. It is understood that doctors may not get a diagnosis or care right the first time, but it is when omission or negligence is involved that a patient may have a case for medical malpractice.

Medical malpractice can affect child can before they are even born. Not performing necessary tests or taking special care for high-risk pregnancies is dangerous for a child and their mother. When being born, a doctor can cause defects due to not acting appropriately to circumstances or using tools incorrectly. If a baby is under stress during natural birth, it is the responsibility of the doctor to know when to perform an emergency C-Section. Being left in the womb may restrict the child’s oxygen which can lead to brain damage. Not treating a birth injury right away is also negligent and can cause life long injuries or defects.

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IL injury lawyerFor an able-bodied person full-time in the workforce, becoming disabled may be an uncomfortable thought. Although many disabled people live happy and healthy lives, becoming disabled is an adjustment. In some cases, a newly disabled person may need modifications to their home, lifestyle, and working conditions. Luckily if an accident or incident that caused a permanent disability occurred at work, employees have certain protections under workers’ compensation.

What Is Workers’ Compensation?

When an employer in Illinois starts a business, they are most likely required to have a workers' compensation insurance for their employees. No matter how small a business is, or how many employees they have, it is required by law. This insurance protects workers in the event of an injury that prevents them from working long or short term. When a claim is accepted, workers’ compensation covers lost wages from time away from work and medical expenses.

When a person is injured and cannot return to work, it is determined if they have a permanent or temporary disability. This is after the said employee has a medical evaluation and a doctor determines the prognosis of an injury. A temporary disability is something that a worker can either fully recover from, or recover enough to return to work in eventual time. A good example of temporary disability is a broken leg. When a person is deemed permanently disabled, they will not be able to recover from the injury, and may not be able to return to the workforce.

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IL accident attorneyAlthough auto insurance is required by law, when you consistently make on-time payments, you expect your insurance company to assist you after an accident. However, even though you may pay an insurance company, your claim is not guaranteed to be accepted. After a car accident, many things can give a person involved fear and uncertainty, and having a claim denied can provide additional stress during this tough time.

What Is The Process for Filing a Claim?

The requirements for filing a claim can be met as soon as the car accident happens. After the accident, calling 911 and filing a police report will be crucial to filing a claim with your insurance company. This acts as an official report about the accident. When filing a claim, you will also need the contact information from the other parties involved. You can call your insurance company as soon as being on the side of the road, waiting for police assistance. If you are insured, your insurance company may be able to assist right away if you are not able to use your car after an accident.

After a claim is filed, then a claim specialist is assigned to your specific case to review. When a claim is denied, there is often the uncertainty of how to proceed. Here are common reasons why an insurance claim is denied after a car accident.

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IL injury lawyerA child’s only responsibility is to grow up and become a successful adult. However, sometimes a traumatic experience can happen to a child that disrupts that development. Any kind of trauma will affect a person for life, but when a child is sexually abused, it can have lasting psychological and emotional effects. When children are endangered, their abusers should be held accountable.

Before they reach the age of 18, 25% of girls and 16% of boys are sexually abused. According to the Crimes Against Children Research Center, young girls are the largest targets to sexual abuse and men are the most likely perpetrators. Victims of child sexual abuse are more likely to come from low-income households and may have been victims of other crimes as well. Ninety percent of child sexual abuse is done by a person that a child trusts. Sexual abuse often comes from an adult that a child knows well, such as a family friend or acquaintance. The next likely perpetrators are family, then strangers.

The sexual abuse of a child can take many forms and constitutes as any sexual relations with a child. The age of consent in Illinois is 18 years old. Children cannot consent to sexual acts or manipulation. Sexual abuse is often thought of as intercourse, but it can also include:

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