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What Qualifies As A Catastrophic Injury In Illinois?

car crash

A catastrophic injury stands out due to its severe and long-lasting impact on the victim’s life. Our personal injury lawyer in Schaumburg can help you with your catastrophic injury case. Unlike more common personal injuries, catastrophic injuries typically result in long-term, permanent disability or disfigurement.

These injuries disrupt the victim’s ability to lead a normal life, often preventing them from returning to work, performing daily activities, or maintaining the same quality of life as before the injury. The legal framework in Illinois recognizes the gravity of these injuries and provides avenues for victims to seek compensation that reflects the extensive and significant nature of their damages.

Characteristics of Catastrophic Injuries

Catastrophic injuries share certain characteristics that set them apart from less severe injuries. These include the extent of medical treatment required, which often involves multiple surgeries, lengthy hospital stays, and ongoing rehabilitation services. The prognosis for catastrophic injuries is usually dire, with many victims facing a future of permanent disability or the need for lifelong medical care and assistance. The financial burden associated with such injuries is substantial, not only due to medical expenses but also because of lost earnings and the potential need for modifications to the victim’s home and lifestyle to accommodate their disability.

Types of Catastrophic Injuries Recognized in Illinois

Several types of injuries are commonly recognized as catastrophic due to their profound impact on the victim’s life. These include traumatic brain injuries (TBI), which can result in cognitive impairments, physical disabilities, and emotional and behavioral changes. Spinal cord injuries, leading to partial or complete paralysis, are another category of catastrophic injury, drastically altering the victim’s mobility and independence.

Severe burns, amputations, and injuries resulting in significant disfigurement also fall under the umbrella of catastrophic injuries, each bringing its own set of challenges and long-term impacts on the victim’s life. Contact SJ Injury Law Firm for the representation you and your family need.

Legal Recourse for Victims of Catastrophic Injuries in Illinois

Victims of catastrophic injuries in Illinois have legal avenues available to seek compensation for their extensive damages. Personal injury claims in Illinois allow victims to pursue damages for past and future medical expenses, lost wages, pain and suffering, disfigurement, and loss of enjoyment of life, among others. Given the severe nature of catastrophic injuries, these claims often involve substantial compensation amounts to cover the extensive medical care and lifelong support required.

Victims need to work with legal professionals who understand the complexities of catastrophic injury cases and can effectively advocate for the full extent of compensation needed to address their long-term needs. SJ Injury Law Firm understands and has experience with catastrophic injury claims.

The Role of Negligence in Catastrophic Injury Cases

For a catastrophic injury claim to be successful in Illinois, the victim must typically prove that another party’s negligence directly caused their injury. This involves demonstrating that the responsible party failed to act reasonably, leading to the accident and subsequent injuries. Establishing negligence is crucial in catastrophic injury cases, as the extent of the damages requires a clear link to the responsible party’s actions or inactions. This process often involves thorough investigations, expert testimonies, and detailed evidence gathering to build a compelling case for the victim’s entitlement to compensation.

Navigating the Future after a Catastrophic Injury

For those affected by catastrophic injuries in Illinois, the path forward involves not only adjusting to a new way of life but also navigating the legal landscape to secure the resources needed for their ongoing care and support. The legal system in Illinois provides a framework for victims to seek justice and compensation, but the complexity of catastrophic injury cases necessitates experienced legal guidance. Victims can focus on their recovery and rehabilitation with the right support, knowing that their legal rights are being vigorously defended.

The Necessity of Legal Representation

The legal system, with its myriad of laws and procedural nuances, presents a formidable challenge to individuals without specialized legal knowledge. SJ Injury Law Firm acts as a navigator, guiding clients through this intricate environment. Their understanding of the law ensures that legal filings are accurate, deadlines are met, and the proper procedures are followed, significantly reducing the risk of costly errors.

Advocacy for Your Rights

In legal disputes, having someone to advocate for your interests is invaluable. An attorney serves as a steadfast representative committed to defending your rights. Whether negotiating settlements or arguing your case in court, they provide a voice that counters opposing parties, ensuring your side of the story is heard and considered.

Maximizing Compensation

Determining the full extent of compensation you’re entitled to can be complex. Attorneys are adept at evaluating all aspects of your claim, including current and future losses. Their negotiation skills are crucial in discussions with insurance companies and opposing counsel, aiming to secure a settlement that adequately covers your damages.

Countering Insurance Strategies

Insurance companies often employ tactics designed to minimize their payout. An attorney can recognize and counter these strategies, ensuring your claim is taken seriously. Their experience with such negotiations equips them to protect your interests and pursue a fair settlement.

Access to Resources

Attorneys have access to a network of resources that can strengthen your case. This includes expert witnesses, private investigators, and medical professionals who can provide crucial evidence and testimony. These resources can be pivotal in building a compelling argument for your claim.

Peace of Mind

Dealing with legal issues can be stressful, particularly when you’re also coping with personal, financial, or health-related concerns. SJ Injury Law Firm takes on the burden of managing your case, allowing you to focus on recovery. Knowing that a professional is handling your legal matters provides peace of mind during challenging times.

In essence, securing legal representation is critical for navigating the complexities of the legal system, advocating for your rights, and ensuring that you receive fair compensation. An attorney offers legal guidance and stands as a pillar of support, leveraging their resources and skills to advocate for your best interests.

A Final Word About Catastrophic Injuries

Catastrophic injuries represent some of the most challenging cases within the Illinois legal system due to their profound impact on the victim’s life and the extensive compensation required to address their needs. Understanding the nature of these injuries, the types of damages that can be pursued, and the importance of establishing negligence is crucial for victims and their families as they seek to navigate the aftermath of such life-altering events.

Take the First Step Towards Justice With Our Schaumburg Personal Injury Lawyer

If you’re facing the aftermath of an injury and feeling overwhelmed by the legal challenges ahead, it’s time to reach out to a team that stands by your side, ready to fight for your rights. At SJ Injury Law Firm we’re committed to guiding you through every step of your legal journey, ensuring that your voice is heard and your rights are protected. With our free consultation offer, you can discuss your case without any obligation, providing you with clarity and direction during this critical time.

Don’t navigate this complex legal landscape alone. Call our Schaumburg personal injury lawyer at (847) 434-3555 to receive your free accident consultation. Let SJ Injury Law Firm be your ally in claiming the justice your case rightfully deserves.

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Steps To Take If You’re Injured In A Train Accident

train accident

When injured in a train accident in Illinois, the immediate aftermath of the crash can be chaotic and overwhelming. The first and most critical step is to ensure your safety and the safety of those around you. If possible, move away from the wreckage to a secure location to prevent further harm. Once in a safe area, assess your injuries and seek medical attention, even if you believe your injuries are minor. Adrenaline can often mask pain, and some injuries, particularly internal ones, may not be immediately apparent.

Seek Medical Attention

After ensuring personal safety, the next crucial step is to seek professional medical evaluation and treatment. Documenting your injuries through medical records is vital, as these records serve as a cornerstone of any future legal claim for compensation. Inform healthcare providers about the accident and ensure all injuries, symptoms, and treatments are thoroughly recorded. This documentation will be essential in establishing the link between the train accident and your injuries, a critical aspect under Illinois personal injury laws.

Report the Crash / Call 911

It is imperative to report the train accident to the relevant authorities. This might involve local law enforcement and potentially the Illinois Commerce Commission, which oversees railway safety and operations in Illinois. Reporting fulfills any legal obligation and creates an official record of the incident, contributing to the evidence needed for any legal proceedings. When providing your account, stick to the facts and avoid speculating about the causes or assigning blame, as these statements could be used in future legal contexts.

Gather Evidence

In the wake of the accident, contact SJ Injury Law Firm and we will start compiling evidence. This can include taking photographs of the accident scene, your injuries, and any relevant environmental conditions. Additionally, we will gather contact information from witnesses and other victims, as their accounts may support your claim. This evidence can be instrumental in constructing a robust case under Illinois personal injury laws, which require clear proof of negligence and causation to secure compensation.

Consult Our Personal Injury Law Firm

Engaging with a knowledgeable and experienced personal injury attorney is a critical step for those injured in train accidents in Illinois. An SJ Injury Law Firm personal injury attorney will provide crucial guidance on navigating the complexities of personal injury claims, especially given the intricate regulations governing railway operations and liability. They can also manage communications with insurance companies and other parties, protecting your interests and ensuring that your rights are upheld throughout the legal process.

Understanding Compensation and Personal Injury Laws in Illinois

Illinois personal injury laws operate under a modified comparative negligence system, meaning that compensation can be reduced by an individual’s percentage of fault in the accident. Determining liability can be complex in the context of train accidents, often involving multiple parties such as the train operator, railway company, or even equipment manufacturers. Our skilled Hoffman Estates train accident lawyer can help identify all potential sources of liability and advocate for the maximum compensation possible for your injuries, lost wages, and other damages.

The Path to Recovery and Resolution

The journey to recovery after a train accident can be long and challenging. Beyond the immediate physical injuries, victims may face psychological trauma, financial burdens from medical bills, and lost income. Navigating the legal landscape to secure compensation that adequately reflects the extent of your damages is essential. With the proper steps and legal support, individuals can work towards physical and emotional recovery and financial stability in the wake of such a life-altering event.

The Importance of Legal Representation

Navigating Legal Complexities

Legal proceedings and the laws governing personal injury cases are intricate, often involving complex statutes, regulations, and procedural rules. An SJ Injury Law Firm attorney can demystify these complexities, guiding you through the legal process while ensuring compliance with all necessary legal standards and deadlines. Their understanding of the legal system enables them to effectively manage your case, from filing claims within statutory deadlines to presenting evidence in compliance with legal protocols.

Advocating for Your Rights

In the aftermath of an incident that leads to a legal case, having an advocate on your side is invaluable. Our personal injury attorneys are trained to vigorously represent your interests, ensuring your rights are protected throughout legal proceedings. Whether it’s in negotiations with insurance companies or in court, an attorney speaks on your behalf, countering any attempts to undermine your claim and working to secure a favorable outcome.

Maximizing Compensation

Determining the full extent of compensation you’re entitled to can be challenging. Attorneys possess the skills to accurately assess the value of your claim, taking into account not only immediate damages but also long-term impacts such as ongoing medical expenses, loss of earnings, and emotional distress. Their negotiation skills are crucial in securing compensation that fully reflects the breadth of your losses, ensuring that you’re not left financially burdened by the aftermath of the incident.

Counteracting Insurance Company Tactics

Insurance companies often employ strategies to minimize payouts, from disputing liability to undervaluing claims. Our train accident attorney can effectively counter these tactics, advocating for your best interests. Their experience with insurance companies equips them to navigate these negotiations, ensuring that your claim is taken seriously and that you receive a fair settlement.

Access to Resources and Expertise

Attorneys have access to a network of resources that can strengthen your case, from expert witnesses in medical and accident reconstruction fields to investigators who can uncover critical evidence. This access can be pivotal in building a compelling case, providing the detailed evidence and expert testimonies needed to support your claim.

Providing Peace of Mind

Facing a legal battle can be daunting, especially when recovering from physical or emotional trauma. Our SJ Injury Law Firm personal injury attorney can alleviate this burden by handling all aspects of your case, from paperwork to court appearances. This support allows you to focus on recovery, knowing that your case is in capable hands.

For residents of Illinois, understanding the steps to take following a train accident is crucial for ensuring personal safety, securing appropriate medical care, and laying the groundwork for any legal action. By following these guidelines and seeking professional legal assistance, individuals can navigate the aftermath of a train accident more effectively, working towards the compensation and recovery they deserve.

SJ Injury Law: Let Us Help You Claim Your Justice!

If you’ve been affected by an injury and are grappling with the challenges it brings, it’s time to turn to a team that understands your needs and is ready to champion your cause. At SJ Injury Law Firm, we’re dedicated to providing personalized legal support to help you navigate through this difficult time. Don’t let the complexity of legal proceedings or the pressure from insurance companies deter you from seeking the justice and compensation you deserve.

Take the first step towards regaining control of your life by reaching out to us. Call our Hoffman Estates train accident lawyer at SJ Injury Law Firm at (847) 434-3555 to receive your free train accident consultation. Let SJ Injury Law Firm be your ally in this journey toward recovery and resolution.

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Protective Gear To Minimize Risk In Motorcycle Accidents

protective motorcycle gear

Motorcycling, while offering a sense of freedom and excitement, comes with serious, inherent risks. As an Illinois motorcycle accident lawyer, SJ Injury Law has seen firsthand how the right protective gear can significantly affect the outcomes of accidents. This report will inform you about the essential protective gear that can help minimize injuries in the event of a motorcycle accident.

Helmet: The First Line of Defense

In Illinois, riders over the age of 18 are not legally required to wear a helmet, according to 625 ILCS 5/11-1404. However, wearing a helmet is arguably a motorcyclist’s most critical decision. Helmets are proven to dramatically reduce the risk of head injuries, which are among the most severe and life-altering injuries in motorcycle accidents. A full-face helmet provides the best protection, covering the entire head and face. Helmets should meet U.S. Department of Transportation (DOT) and/or Snell Memorial Foundation standards for maximum safety.

Jacket and Pants: Protecting the Body

Motorcycle jackets and pants, preferably made from leather or reinforced synthetic materials, offer significant protection against abrasions and cuts. Many also come with built-in armor or padding at critical points like elbows, shoulders, hips, and knees, providing extra protection against impacts. Choosing gear that fits snugly but allows for comfortable movement while riding is very important for rider safety.

Gloves: Essential for Hand Protection

Hands are often the first point of contact in an accident. Thus, wearing gloves is essential for motorcyclists. Gloves should be made of durable material and cover the entire hand, including the fingers, palms, and wrists. Many motorcycle gloves also incorporate armor and padding, especially on the knuckles and palms.

Boots: Safeguarding Your Feet and Ankles

Motorcycle boots protect against a variety of injuries. They should be sturdy enough to protect against abrasions and impacts, with a non-slip sole for grip. High-top designs provide better protection as they cover the ankles, particularly vulnerable to crashes.

Eye Protection: Keeping Your Vision Clear

While Illinois law requires riders to have some form of eye protection if their bike does not have a windshield (625 ILCS 5/12-611), the type of eye protection used can vary. Goggles or a full-face helmet with a visor are the best options. They protect against wind, dust, debris, and insects, all of which can impair a rider’s vision and lead to accidents.

The Motorcycle Accident Injury Lawsuit Process in Illinois

Navigating a motorcycle accident injury lawsuit in Illinois involves a series of complex legal steps. Each phase of this process can be intricate, often requiring the experience and guidance of SJ Injury Law’s experienced attorney. Here’s a breakdown of the process and why legal representation is crucial at every stage.

1. Initial Consultation and Case Evaluation – The process begins with an initial consultation with one of our attorneys, who will evaluate the details of your case. This step involves analyzing the accident circumstances, injuries sustained, and potential legal strategies. An attorney’s experience is crucial here to determine the feasibility of your claim, the applicable laws, and the likelihood of a successful outcome.

2. Investigation and Gathering Evidence – A thorough investigation is essential. Your SJ Injury Law attorneys will gather evidence such as accident reports, witness statements, medical records, and possibly expert testimonies. This step is critical in building a strong case, as the collected evidence will form the basis of your claim. Our attorney’s experience gathering evidence and knowing what is legally admissible in Illinois courts is invaluable.

3. Filing the Lawsuit – Filing a lawsuit involves drafting and submitting numerous legal documents. SJ Injury Law attorneys ensure that your lawsuit is filed correctly and within Illinois’ statute of limitations for personal injury claims, which is generally two years from the date of the accident (735 ILCS 5/13-202). Mistakes in filing can be costly, possibly jeopardizing the entire case.

4. Dealing with Insurance Companies – Insurance negotiations can be complex and challenging. Our attorneys advocate on your behalf, ensuring that the insurance companies do not undervalue or deny your claim. They possess the negotiation skills and legal knowledge to argue for fair compensation, especially in understanding the nuances of Illinois motorcycle insurance law.

5. Pre-Trial Preparations – If the case proceeds to trial, pre-trial preparations begin. This includes discovery, where both sides exchange evidence and depositions. Your SJ Injury Law attorney is crucial in this phase to manage these legal procedures effectively, prepare legal strategies, and ensure that your case is presented compellingly.

6. Trial – During the trial, having an attorney is indispensable. They will present your case, cross-examine witnesses, and argue on your behalf. Our legal experience is critical in persuading the jury or judge of the defendant’s liability and the extent of your damages.

7. Settlement or Judgment Collection – If the case is settled or a judgment is awarded in your favor, SJ Injury Law assists in the settlement process or collection of the judgment. They ensure that the agreement is fair and that you receive the full compensation you are entitled to.

Each stage in Illinois’s motorcycle accident injury lawsuit process presents its own challenges and requires specific legal experience. An attorney navigates these complexities and provides invaluable support and guidance throughout the process, advocating for your valuable legal rights and working towards the best possible outcome for your injury case.

As an Illinois motorcycle accident lawyer, I cannot overstate the importance of wearing appropriate protective gear. Each piece is crucial in minimizing the risk of severe injury in a traffic accident. While Illinois law does not mandate all forms of protective gear, such as helmets for riders over 18, the choice to gear up can be life-saving. Remember, the best way to enjoy the freedom of motorcycling is by prioritizing your safety on the road.

Call Our Schaumburg Motorcycle Accident Lawyer

At SJ Injury Law, we understand the unique risks motorcyclists face on Illinois roads. If you’ve been involved in a motorcycle accident, our legal team is ready to help you through the complex motorcycle accident injury claims process. SJ Injury Law is committed to fighting for your valuable rights and securing the financial compensation your case deserves. Don’t face this challenging time alone. Contact our Schaumburg motorcycle accident lawyer at SJ Injury Law at (847) 434-3555 to receive your free motorcycle accident consultation. Let us put our experience to work for you so you can focus on your recovery.

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What Dogs Are Most Likely To Bite?

dog bite

As Illinois personal injury attorneys, we have handled many cases related to dog bites. Understanding which dogs are more likely to bite is a matter of public safety and has legal implications under Illinois law. This blog post aims to provide insight into canine behavior and breed tendencies concerning biting incidents, alongside an overview of relevant Illinois statutes governing liability in dog bite cases.

Understanding Illinois Dog Bite Law

In Illinois, dog bite cases are governed by the Animal Control Act (510 ILCS 5/). This statute holds the dog owner or custodian liable if their dog bites a person without provocation and the person is conducting themselves peaceably in a place they are lawfully allowed to be. This law employs a strict liability approach, meaning the victim does not need to prove the owner’s negligence. Dog owners must understand this liability, underscoring the importance of responsible pet ownership and training.

Canine Behavior and Bite Tendencies

While any dog can bite under certain circumstances, studies and statistical analyses suggest that certain breeds exhibit a higher propensity for biting. It’s important to note that a dog’s tendency to bite is often influenced by various factors, including breeding, training, socialization, health, and the environment in which it is raised. Breeds often cited for higher bite incidents include Pit Bulls, Rottweilers, German Shepherds, and some terrier breeds. However, it’s crucial to understand that breed alone doesn’t determine a dog’s likelihood to bite; individual behavior plays a significant role.

Risk Factors for Dog Bites

Beyond breed, other factors contribute to the likelihood of a dog bite. These include lack of socialization, poor training, a history of aggression, the dog’s health status, and the context in which the dog interacts with people. Dogs that are scared, in pain, or protecting their territory or offspring are more likely to bite. Additionally, situations where a dog feels trapped or unable to escape can increase bite risk.

Legal Responsibility and Prevention

As a personal injury attorney, I have advised clients on the prevention and legal ramifications of dog bites. Prevention is key and includes responsible pet ownership, such as proper training, socialization, regular veterinary care, and understanding of dog body language. Legally, owners are advised to familiarize themselves with local ordinances in addition to state laws, as some Illinois municipalities have specific regulations regarding certain breeds or require additional insurance coverage.

The Dog Bite Injury Lawsuit Process in Illinois

In Illinois, the dog bite lawsuit process involves several critical steps, each necessitating a skilled attorney. From the initial filing to potential settlement or trial, a lawyer’s guidance is crucial for navigating the complexities of Illinois law, ensuring proper representation, and advocating for the victim’s rights and interests.

1. Initial Consultation and Case Evaluation – The first step after a dog bite incident is to consult SJ Injury Law. An attorney’s role here is to evaluate the case, assess the injuries and circumstances, and determine the feasibility of a claim under Illinois law (Animal Control Act – 510 ILCS 5). We will gather essential information, offer legal advice, and outline the possible outcomes of pursuing a claim or lawsuit.

2. Investigation and Evidence Gathering – A thorough investigation is crucial for building a solid case. SJ Injury Law will collect evidence, including medical records, photographs of injuries, witness statements, and any available information about the dog and its owner. We will also investigate the dog’s history and determine if there were previous incidents of aggression or bites, which can significantly strengthen the case.

3. Filing the Lawsuit – Once the evidence is gathered, we will make a claim or file a lawsuit on behalf of the victim. This involves drafting and submitting legal documents to the appropriate court. Our experienced attorneys ensures that the lawsuit is filed within the statute of limitations (generally two years in Illinois for personal injury claims) and adheres to all procedural requirements.

4. Negotiating with Insurance Companies – Most dog bite cases involve negotiations with insurance companies. Our attorney’s role is to handle these negotiations on behalf of the victim, aiming to secure a fair settlement that covers medical expenses, lost wages, pain and suffering, and other damages. SJ Injury Law’s experience in dealing with insurance adjusters and understanding of the law is invaluable in preventing lowball offers and ensuring adequate compensation.

5. Preparing for and Going to Trial – The injury case may go to trial if a settlement is not reached. Our attorneys prepare the case for court, including gathering additional evidence, prepping witnesses, and developing a compelling argument. During the trial, we present the case, cross-examine witnesses, and work to persuade the jury of the defendant’s liability and the extent of our client’s damages.

6. Post-Trial and Appeals – Even after a verdict is reached, the role of your attorney may continue. We can assist with post-trial motions or appeals if necessary. If the verdict is in the victim’s favor, the attorney helps collect the judgment, ensuring the victim receives the compensation awarded.

Experienced Legal Representation Is Key To Maximum Compensation

Each step in the Illinois dog bite lawsuit process is intricate and requires legal experience. SJ Injury Law provides the necessary legal knowledge and skills and offers support and guidance through what can be a challenging and emotional experience for the victim. Their representation is key in navigating the legal system, advocating for the victim’s rights, and striving for the best possible outcome.

Understanding which dogs are more likely to bite, coupled with knowledge of Illinois dog bite law, is essential for both dog owners and the general public. While certain breeds are statistically more likely to bite, individual dog behavior, training, and the owner’s responsibility are critical in preventing such incidents. In the unfortunate event of a dog bite, Illinois law provides clear guidelines on liability, emphasizing the importance of responsible dog ownership. Consulting with our experienced Illinois personal injury attorney can clarify legal options and rights for those affected by a dog bite.

Call SJ Injury Law’s Schaumburg Dog Bite Lawyers For Legal Justice!

If you or a loved one suffered a dog bite, understanding your valuable legal rights is crucial. At SJ Injury Law, we help you navigate the complexities of Illinois dog bite laws to help you get the justice and compensation you deserve. Our experienced team is committed to providing exceptional legal representation. Don’t let uncertainty overtake you – take the first step towards recovery. Contact our Schaumburg dog bite lawyers at SJ INJURY LAW at (847) 434-3555 to receive your free injury consultation. Let us be your advocate during this difficult time.

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What Is Comparative Negligence In An Illinois Car Accident?

comparative negligence

In Illinois, thousands of collisions occur on its roads yearly, ranging from minor fender benders to more serious, life-altering incidents. In the wake of these accidents, a crucial aspect that comes to the forefront is the determination of fault, which directly impacts the amount of money that parties involved may receive. This is where the concept of comparative negligence becomes particularly significant.

Comparative negligence is a legal doctrine used to apportion fault among the parties involved in an accident. Unlike a black-and-white scenario where one party is entirely at fault, comparative negligence acknowledges that one or more parties may share the responsibility for an accident to varying degrees. This doctrine is central to personal injury law in Illinois, playing a pivotal role in many car accident cases and a doctrine our attorneys are very skilled at.

The Basics of Comparative Negligence

Comparative negligence is about measuring the degree of fault in an accident and adjusting liability for the accident accordingly. It’s a more nuanced approach than the traditional contributory negligence system, which denies any compensation to a plaintiff if they are found to have any degree of fault. In contrast, comparative negligence allows for a more balanced and fair assessment by allocating a percentage of fault to each party involved.

In Illinois, the doctrine of comparative negligence is particularly relevant in car accident cases. When an accident occurs, both parties may have contributed to the incident in some way. For example, one driver might have been speeding, while the other might have failed to signal a turn. In such cases, an insurance adjuster will argue for a certain percentage of fault attributable to each driver, while we will argue for a more favorable percentage of fault. This percentage then directly influences the amount of money each party can receive.

One of the key legal principles underpinning comparative negligence is the idea of fair compensation based on actual fault. This principle ensures that a party who is less at fault can still recover damages, reduced by their percentage of fault. For instance, if a driver is deemed 30% responsible for an accident, they can still recover 70% of the damages from the other party.

Understanding comparative negligence is not just a legal theory; it’s about knowing how responsibility is shared in real-world scenarios. It affects how damages are calculated, how insurance claims are handled, and how legal strategies are developed. For anyone involved in a car accident in Illinois, grasping these basics is the first step towards navigating the legal mechanism effectively and ensuring a fair outcome.

Illinois’ Comparative Negligence Law

The state of Illinois has a specific set of laws governing comparative negligence, which play a crucial role in how car accident cases are adjudicated. These laws are not only foundational to understanding how fault and compensation are determined but also highlight the state’s approach to handling multi-party accidents.

Under Illinois law, comparative negligence is governed by the Illinois Compiled Statutes (735 ILCS 5/2-1116). This statute lays out the framework for how fault is determined and how it affects the ability of a plaintiff to recover damages. According to this law, a plaintiff can recover damages as long as they are less than 50% responsible for the accident. However, the amount of compensation they are entitled to receive is reduced by their percentage of fault. This nuanced approach allows for a fairer distribution of responsibility and compensation, particularly in complex cases where multiple factors contribute to the accident.

The interpretation of comparative negligence in Illinois law is geared towards a more equitable system of justice in personal injury cases. Instead of the all-or-nothing approach of contributory negligence, where a plaintiff with any degree of fault could be barred from recovering damages, Illinois law recognizes that accidents often involve shared fault. By assigning a percentage of fault to each party, the law acknowledges the complexity of real-world accidents and provides a more balanced way to determine compensation.

The application of this law in Illinois court cases varies depending on the specifics of each case. For instance, in a car accident case where one driver ran a red light, but the other was speeding, a court might find the first driver 70% at fault for failing to observe the traffic signal and the second driver 30% at fault for speeding. In such a scenario, if the speeding driver filed a lawsuit for damages, their compensation would be reduced by 30%, reflecting their share of the responsibility for the accident.

These examples from Illinois court cases demonstrate the practical implications of comparative negligence law. They show how courts weigh various factors, such as the actions of each driver leading up to the accident, to arrive at a fair assessment of fault. By understanding these nuances of Illinois law, our lawyers can help those individuals involved in car accidents can better navigate their legal rights and responsibilities, and lawyers can develop more effective strategies for representing their clients. This understanding is essential for anyone seeking to claim damages or defend themselves in a car accident case in Illinois.

Impact of Comparative Negligence on Accident Claims

The concept of comparative negligence has an important impact on how car accident claims are handled in Illinois. This section delves into the nuances of this impact, focusing on the process of determining fault percentage, its effect on money recovered, and the role insurance companies play in these determinations.

The Detailed Dynamics of Comparative Negligence in Claims

Comparative negligence fundamentally alters the landscape of car accident claims by introducing a proportional fault system. Instead of a binary determination where one party is at fault and the other is not, comparative negligence requires a meticulous analysis of each party’s actions leading up to the accident. This analysis results in assigning a fault percentage to each involved party, which directly influences the outcome of the claim.

Process of Determining Fault Percentage

In Illinois, the process of determining fault percentage is intricate and fact-specific. It begins with a thorough investigation of the accident, which may involve police reports, witness statements, traffic camera footage, and expert testimony. Attorneys for each party present evidence and arguments to establish the degree of fault. In court, this process may involve testimony from accident reconstruction experts, who analyze the evidence to determine how the accident occurred and each driver’s actions.

The court or the insurance adjuster then weighs this evidence to assign a fault percentage to each party. For example, suppose one driver was texting while the other made an illegal turn. In that case, the court or adjuster might assign 40% fault to the texting driver and 60% to the driver who turned illegally, based on how significantly each action contributed to the accident.

Compensation and the Percentage of Fault

The assigned fault percentage has a direct impact on your recovery. In Illinois, a party’s recovery is reduced by their percentage of fault. Continuing with the above example, if the texting driver suffered an injury valued at $100,000, their recovery would be reduced by 40% (their fault percentage), entitling them to only $60,000. This method ensures that compensation is aligned with the degree of responsibility and liability, encouraging drivers to adhere to safe driving practices.

Legal Procedures and Evidence

Navigating the aftermath of a car accident in Illinois requires an understanding of the necessary legal steps and the importance of evidence this is why you should contact our attorneys. This section outlines these critical steps and highlights the role of legal representation in effectively managing the complexities of comparative negligence.

Steps to Take Following an Illinois Car Accident

The moments following a car accident in Illinois are pivotal. Firstly, ensuring the safety of all involved and seeking medical attention is paramount. Once immediate safety concerns are addressed, it’s crucial to report the accident to law enforcement, as an official police report is a valuable piece of evidence. Documenting the scene with photos and gathering contact information from any witnesses also becomes essential. These initial steps lay the groundwork for any future legal claims.

Gathering and Presenting Evidence

The evidence collected following an accident is the cornerstone of any claim involving comparative negligence. This evidence can include police reports, photographs of the accident scene, medical records related to injuries sustained, and witness statements. These pieces of evidence collectively help to construct a narrative of how the accident occurred and the extent of the damages suffered.

In the context of comparative negligence, evidence must be presented in a way that accurately reflects each party’s degree of fault. This can involve complex legal arguments and a thorough understanding of Illinois traffic laws. The goal is to paint a clear picture of the circumstances leading up to the accident, supported by tangible proof, including photos of the cars at the time of the accident.

The Role of Legal Representation

Given the complexities of comparative negligence, securing experienced legal representation is often crucial. Our skilled attorneys can navigate the intricacies of Illinois law, ensuring that evidence is presented effectively, and legal rights are protected. They play a critical role in arguing the degree of fault, negotiating with insurance companies, and, if necessary, representing the client’s interests in court.

Importance of Documentation and Witness Statements

Documentation and witness statements are invaluable in comparative negligence cases. Detailed records and unbiased third-party accounts provide a more comprehensive understanding of the accident, which is vital in determining fault. Properly documented evidence can significantly influence the outcome of a claim, either in negotiations with insurance companies or in a courtroom setting.

As individuals navigate the aftermath of an accident, it’s important to remember the steps to take, the significance of evidence, and the value of legal representation. These elements are crucial in ensuring that one’s rights and interests are adequately protected.

Speak To Our Schaumburg Car Accident Lawyer Now

At SJ Injury Law, our team of skilled personal injury attorneys has years of experience helping clients get the money they deserve after a negligent driver causes an accident. We are tenacious, courageous, persuasive advocates who can break down complex legal issues in a simple, approachable way.

If you were seriously injured in an Illinois auto accident, don’t waste time. You should never allow the negligent party to escape their liability. For more information, contact our car accident lawyer in Schaumburg at (847) 434-3555. Our attorneys have years of traffic collision injury and death claims experience and we will fight for you!

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How To Prove Your Wrongful Death Case In Illinois?

wrongful death

Wrongful death in Illinois, as in many jurisdictions, is a legal concept that arises when the negligent, reckless, or intentional actions of another cause a person’s death. Under Illinois law, a wrongful death is one where the deceased could have pursued a personal injury lawsuit had they survived.

This definition of wrongful death encompasses a range of scenarios, from medical malpractice to fatal car accidents and even intentional acts like homicide. The cornerstone of a wrongful death claim in Illinois is that the death has not only caused emotional grief, but has also led to measurable damages, such as loss of income, loss of support and funeral expenses. There is also another claim in these cases for loss of companionship.

The legal criteria for a wrongful death claim in Illinois are specific and must be rigorously adhered to for a successful lawsuit:

  1. There must be a demonstrable death of a person. This fact sets the stage for the claim.
  2. The death must have been caused either by a wrongful act, negligence, or default of another person or entity. This means that there needs to be a direct causal link between the actions (or inactions) of the defendant or defendants and the death of the individual.
  3. If the deceased had survived, they must have been entitled to bring an action to recover damages.
  4. There must be surviving beneficiaries or dependents who have suffered a pecuniary loss due to the death.

These criteria establish the framework for evaluating wrongful death claims in Illinois courts.

The significance of wrongful death cases in the Illinois legal system cannot be understated. These cases serve multiple purposes:

  1. they provide a mechanism for the deceased’s family to seek justice and compensation, they hold individuals or entities accountable for their actions, and they act as a deterrent against negligent or harmful behaviors.

In a broader sense, wrongful death claims reflect the value that the legal system places on human life and the importance of societal responsibility. Each case not only seeks to redress the losses suffered by the deceased’s loved ones but also reinforces legal and ethical standards for behavior and care in various aspects of life, from healthcare and driving to manufacturing and property management.

Legal Standards and Requirements for Proving Wrongful Death in Illinois

In Illinois, the legal framework for proving wrongful death is anchored in several critical standards that align with broader principles of tort law. These standards include duty of care, breach of duty, causation, and damages, each playing a pivotal role in adjudicating these claims. Understanding these standards is essential for anyone navigating a wrongful death lawsuit in Illinois.

Duty of Care and Breach of Duty

The concept of ‘duty of care’ is fundamental in wrongful death cases. It refers to the legal obligation of individuals or entities to act with a reasonable level of care towards others. In Illinois, proving a wrongful death claim necessitates establishing that the defendant owed a duty of care to the deceased.

For instance, doctors have a duty of care to their patients, drivers have a duty to operate their vehicles safely, and manufacturers have a duty to produce safe products. Once this duty is established, the plaintiff must demonstrate a breach of this duty. A breach occurs when the defendant fails to meet the standard of care expected in the given circumstances, whether through negligence, recklessness, or intentional actions.

Causation

Establishing causation is another critical component. It involves proving that the breach of duty directly caused the deceased’s death. This element often requires showing a clear and unbroken chain of events from the defendant’s actions to the fatal outcome. Causation can often be the most challenging aspect to prove, especially in cases involving medical malpractice or product liability, where multiple factors could contribute to the death.

Damages

In wrongful death cases, damages refer to the losses suffered due to the death. These can include economic losses like funeral expenses, loss of the deceased’s future income, and loss of benefits. Non-economic damages encompass pain and suffering, loss of companionship, and loss of consortium. In Illinois, the measure of damages is based on the pecuniary/monetary injuries resulting from the death, including the money, benefits, goods, and services the deceased might have provided.

Regarding the burden of proof, in Illinois, as in most states, the plaintiff is responsible for proving their case by a preponderance of the evidence. This standard is less stringent than ‘beyond a reasonable doubt’ used in criminal cases and essentially means that it is more likely than not that the defendant’s action or inaction caused the death.

Illinois shares many similarities with other states in its approach to wrongful death cases, but there are nuances. For instance, some states may cap certain types of damages in wrongful death lawsuits, which Illinois does not cap damages. Additionally, the statute of limitations for filing a wrongful death claim in Illinois might differ from other states. Such variations underscore the importance of understanding state-specific legal landscapes when dealing with wrongful death cases.

Challenges in Wrongful Death Litigation in Illinois

Wrongful death litigation in Illinois, while providing a path for justice and compensation, is has challenges that can make proving such claims an arduous process. These challenges arise from the complexities of the legal system, the nuances of individual cases, and the stringent requirements for proving fault and damages. Understanding these challenges is crucial for anyone involved in wrongful death litigation in Illinois.

Proving Negligence

One of the primary hurdles in wrongful death claims is the need to establish negligence. This involves demonstrating that the defendant failed to exercise reasonable care, leading to the death. However, proving negligence can be complex and intricate. For example, medical malpractice cases require showing that a healthcare provider’s actions deviate from the standard of care typically expected in the medical community. This often necessitates expert testimony, which can be complex and costly. In cases involving accidents, such as car crashes, an in-depth investigation into the circumstances surrounding the incident is required, often relying on accident reconstruction experts and forensic evidence.

Dealing with Corporate Defendants

When the defendant in a wrongful death case is a corporation, such as a manufacturing company or a medical facility, the legal battle becomes even more challenging. Corporations often have substantial resources, including legal teams and financial assets, to defend against wrongful death claims. They might use these resources to prolong litigation, complicate the discovery process, or mount a robust defense strategy that challenges every aspect of the plaintiff’s case. This disparity in resources can make it difficult and prohibitive for individuals or families, often grieving and under financial strain, to sustain a prolonged legal battle.

Issues with Collecting Evidence

Gathering sufficient and important evidence is another significant challenge in wrongful death cases. Evidence can include medical records, eyewitness testimony, surveillance footage, accident reports, and more. However, accessing this evidence can be difficult, especially when dealing with privacy laws, uncooperative witnesses, or lost or destroyed records. Additionally, the evidence must not only be collected, but also presented in a manner that effectively supports the claim, which requires legal expertise and strategic planning.

The Illinois legal system has mechanisms in place to address these challenges, but navigating them requires knowledge and persistence. Courts in Illinois adhere to established procedures that ensure fairness in the litigation process, such as discovery rules that allow both parties to obtain evidence from each other. Additionally, Illinois law permits the use of expert testimony to clarify complex issues like medical negligence or product liability, which is essential in presenting a compelling case.

Despite these legal provisions, the challenges in wrongful death litigation in Illinois highlight the importance of skilled legal representation. Attorneys specializing in wrongful death cases can provide invaluable assistance in overcoming these hurdles. They can marshal the necessary resources, navigate the complexities of the legal system, and present a compelling case to ensure that the victim’s family receives the justice and compensation they deserve.

Role of Legal Representation in Wrongful Death Cases in Illinois

The role of legal representation in wrongful death cases in Illinois is pivotal and often a determining factor in the outcome of these complex legal battles. An experienced attorney brings not only a deep understanding of the law, but also the ability to navigate the intricacies of the legal process, making their involvement crucial for those seeking justice in a wrongful death claim.

Importance of Legal Representation

In Illinois, the complexities of wrongful death litigation demand specialized legal knowledge. Our attorneys at Claim Your Justice are skilled in this area can accurately interpret the nuances of state laws and apply them effectively to the specific circumstances of a case. Our attorneys also play a critical role in handling the procedural aspects of the lawsuit, ensuring compliance with filing deadlines, court requirements, and legal protocols.

Moreover, the attorneys at Claim Your Justice will assess the value of the claim, including quantifying non-economic damages like loss of companionship, which can be particularly challenging for laypersons. Legal representation becomes even more essential when facing well-resourced defendants, such as corporations, where there is a significant imbalance in legal firepower.

Navigating the Legal Complexities

Attorneys adept in wrongful death cases are experienced in tackling the various challenges these cases present. They have strategies for effectively proving negligence and causation, two of the most complex aspects of these cases. For instance, they know how to gather and preserve crucial evidence, whether it involves subpoenaing records, interviewing witnesses, or working with forensic experts.

Claim Your Justice understands how to present this evidence compellingly in court, crafting arguments that resonate with judges and juries. Furthermore, experienced lawyers are adept at negotiating with insurance companies and defendants for fair settlements, and they’re prepared to take a case to trial if necessary.

Impactful Case Studies

There are numerous instances in Illinois where legal expertise has significantly impacted the outcomes of wrongful death cases. One such example involves a medical malpractice wrongful death lawsuit. In this case, the plaintiff’s attorney was able to successfully argue that a surgeon’s negligence during a routine procedure directly led to the patient’s death.

The lawyer presented expert medical testimony that clarified complex medical procedures and standards of care, which were crucial in proving the surgeon’s breach of duty. The result was a substantial settlement for the deceased’s family, which might not have been possible without the attorney’s specialized knowledge and experience.

In another instance, a wrongful death claim was filed against a large corporation following a fatal workplace accident. The company had a strong legal team and initially offered a minimal settlement. However, the family’s attorney conducted a thorough investigation, uncovering evidence of the company’s failure to adhere to safety regulations.

By leveraging this evidence and demonstrating the company’s negligence, the attorney was able to secure a significantly larger settlement for the family, highlighting the value of having robust legal representation.

These examples underscore the transformative role that legal representation can play in wrongful death cases in Illinois. Claim Your Justice attorneys not only provide the legal acumen necessary to navigate these complex cases but also offer emotional support and guidance to families during difficult times. Their expertise and dedication can make a significant difference in achieving a fair and just outcome, affirming the critical importance of legal representation in wrongful death cases in Illinois.

While the journey through a wrongful death lawsuit in Illinois can be fraught with challenges, the right legal support and guidance can lead to a successful resolution, bringing a sense of justice and closure to the bereaved family.

Speak To Our Schaumburg Wrongful Death Lawyer Now

Filing a wrongful death claim can feel difficult after losing a loved one, but it is important to seek compensation if the deceased’s death resulted from someone else’s negligence or intentionally wrongful act. It’s time to Claim Your Justice™ and a wrongful death lawyer at our Schaumburg law firm can speak with you today about your options.

You should never allow the negligent party to escape their liability. For more information, contact our wrongful death lawyer in Schaumburg at (847) 434-3555. Our attorneys have years of wrongful death claims experience and we will fight for you.

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How Serious Must An Injury Be To Be Deemed Permanent?

personal injury

All types of accidents can cause serious injuries. However, some accidents cause injuries that are so severe that they are permanent. It is important to understand under Illinois law what it means when an injury is deemed permanent. After all, if the injury is permanent, it has an impact on the potential compensation you could receive, and also your ability to earn a living. Learn about permanent injuries below, and speak to a Chicago personal injury attorney at SJ Injury Law if you have questions or need legal assistance.

What Is A Permanent Injury?

A permanent injury leaves you with a permanent disability, meaning that your abilities or movements have limits they did not have before the accident. If you were permanently injured in a car or other type of accident and another party caused it, you should be compensated for your permanent injury. You also may be compensated for a permanent injury that happened at work. A severe injury that will stay with you permanently dramatically alters your life, so you will need to make many adjustments going forward. Possible examples of total permanent injuries are:

  • Amputation or loss of use of the hands, feet, legs, arms, or eyes
  • Hearing loss
  • Disfigurement
  • Scaring 
  • Severe brain injury
  • Paralysis
  • Severe burns
  • Injury leading to death

Other serious injuries are permanent but partial, such as loss of fingers, thumb, toes, arm, hand, leg, or foot. All of these injuries – both total and partial – are serious, but some are worth more than others in a personal injury lawsuit. The severity of your injury depends on your physician’s diagnosis and if they think you can return to work. Whether you can go back to your job or not affects how much compensation you will receive.

Obtaining Compensation For Your Permanent Injury

When you are seriously injured, you may be entitled to compensation for your injuries. There are a few common accident scenarios that affect how you receive compensation:

Job-Related Injury

If your injury happened at work, the Illinois Workers’ Compensation Act states that you are probably eligible for workers’ compensation. After a work-related injury, you have 45 days to tell your employer about the injury.

Depending on the severity of the permanent injury, workers’ compensation will be calculated based on the number of weeks. If you have a permanent, partial disability, your company will compensate you for at least 2/3 of your weekly pay for every week you cannot work. If you have a permanent total disability, you will receive more. As your company’s employee, you are deemed partially disabled if you can eventually go back to work and fully disabled if you cannot go back to work in the same or similar job.

Personal Injury

If your permanent injury happened in a car accident, the at-fault driver is liable for compensating you, assuming this driver has enough insurance coverage. Illinois is a comparative negligent state for auto accidents, so the percentage of compensation can vary if you are partially at fault. Just like any claim in a traffic accident, the liable party may have to pay for your medical expenses, lost earnings, property damage, and pain and suffering and permanent disfigurement.

Medical Malpractice

If your permanent injury arises because of a medical error, you will need to file a medical malpractice claim. Your doctor’s medical care must meet a minimum standard of care and should not cause you a permanent disability. But if the physician breaches the standard of care, you could receive compensation in a lawsuit.

How Do You Prove A Permanent Injury?

Proving that your personal injury is permanent means having an attorney adept at navigating the many legal and medical complexities. Your attorney will help not only in collecting critical evidence, but also will adroitly communicate how the injury affects your life. Maybe even using a “day in the life” video.  SJ Injury Law is well-equipped to design a compelling case and advocate for fair compensation for a permanent injury.

The process involves obtaining all significant medical evidence to show how your injury is permanent. Medical records, testimony from expert witnesses, medical imaging, and detailed statements from your doctors are vital elements to back up a permanent injury claim.

Another key aspect of proving the lasting nature of your injury relies on the concept of maximum medical improvement (MMI). Your doctor will determine when your injury and condition have reached MMI and will not get any better. When the doctor determines your degree of impairment, they will rely on the AMA Guide of the Evaluation of Permanent Impairment. Permanent injuries can be partial or total, and it is permanent if it is not 100% healed when you get to MMI.

How Much Is A Permanent Injury In A Personal Injury Claim Worth?

Every case is different, and only an experienced personal injury attorney can give you an idea of what your injury could be worth. The costliest part of economic damages in a permanent injury personal injury claim is medical bills. You could get compensation for your doctor and hospital visits, physical therapy, treatment plans, assistive devices, ambulance trips, prescriptions, and assistive devices. 

Unfortunately, medical expenses for a permanent injury could cost you for years. Compensation for your future medical costs is critical, and determining that amount is a vital part of what your attorney does.

Lost income is another important consideration that you have with a permanent injury. Many people with a permanent disability struggle to earn a living. Even if they can return to work, they may have to do a job that pays less than before. Your attorney will rely on salary or wage records from your company to show how much you have and will lose. Not being able to work also means losing health insurance and retirement benefits.

You also may be eligible for pain and suffering damages for your permanent injury. Your injury could cause you physical discomfort forever. Also, you probably will have mental anguish and emotional stress from knowing your body will never fully recover. These things should be considered when determining a fair figure for non-economic damages.

Speak To Our Chicago Personal Injury Attorney Today

Suffering a permanent injury in an accident is one of the worst things to happen to people. If it happens to you and another party caused the accident, you should receive compensation for your losses. To learn if you have a valid personal injury claim, please contact our Chicago personal injury attorney at SJ Injury Law at (847) 434-3555. During the initial consultation, one of our experienced personal injury lawyers will advise about potential legal options.

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How To Avoid Slip And Fall Accidents In Winter

slip and fall

With winter approaching in Chicago, now is the time to increase our awareness of slip and fall accidents. These are potentially severe mishaps that can cause life-changing injuries and disability. Learn below about how to avoid dangerous slip and fall accidents. If you have been injured in one of these accidents, our Chicago slip and fall lawyer at SJ Injury Law can review your case to determine your eligibility for compensation.

What Are Slip And Fall Accidents?

Slip and fall accidents in the United States send over 1,000,000 people to the Emergency Room annually. Property owners should know if people fall on their premises because of a hazardous condition, they could be sued for damages.

This is why it is so important to photograph where the slip and fall accident happened. Slipping and injuring yourself in your home is not legally actionable. After all, you are responsible for keeping your home safe. But, if you fell in a store because of a puddle on the floor, that is another story.

In some instances, you also could have a claim if you slip and fall on ice, snow, or water on the sidewalk. It depends on the circumstances and where the accident happened. There also are other types of slip and fall accidents that you could experience in Chicago:

  • Spillages
  • Tripping hazards
  • Poor lighting
  • Missing or broken handrails
  • Broken steps
  • Broken pavement
  • Potholes

If you were injured in a slip and fall accident in any of these situations, our Chicago slip and fall attorney can review the case for you today.

Premises Liability Laws In Illinois

The Illinois Premises Liability Act lays out legal principles that hold owners and tenants liable if someone is injured on their property. A premises liability claim may be filed if a person is injured because of a property owner’s negligence to keep a property safe. Keeping a property safe involves keeping the property in good condition inside and out. It also generally means maintaining parking lots, sidewalks, and similar outdoor areas free of ice and snow in winter to avoid slip and fall accidents.

Use Care When Ice And Snow Is Present

Snowfall in Chicago can be beautiful as you walk through Cricket Hill, Busse Woods, or Horner Park and other popular spots. However, whether walking in a parking lot, crossing the street, or on a sidewalk, take more precautions when walking on snow, ice, or water. Do not try to run or walk too fast on slick surfaces. Instead, choose where you tread carefully and do so slowly to maintain balance.

Next, testing the surface with one foot to see how slippery it is can also avoid a slip and fall accident. Black ice can be almost impossible to see, so step carefully when going where it could be present.

Even after you walk into a public space, such as Millennium Park or Grant Park, continue to be careful where you step. Hard floors and carpeting can be slippery from melted ice or snow being tracked inside. Water also can form on hard floors, creating a severe slipping hazard.

Choose The Correct Footwear

Wearing non-slip shoes is another critical safety tip this winter. Wearing shoes with leather soles or high heels is hazardous because of the slipping hazard. Instead, choose sturdy shoes or boots featuring a neoprene composite or rubber sole. These options will enhance stability as you go through snow and ice this winter. Your feet also will stay warm and dry.

Non-slip shoes are even better if you only walk in areas cleared of snow and ice. If you try a shortcut and walk on an uncleared sidewalk, you could take a fall. Try to stick to walking routes that have been shoveled and salted.

Look For Handrails

Another way to avoid a slip and fall mishap in the ice and snow is to always look for a handrail, wall, or stationary object for additional support. You can lessen the fall risk by keeping your hands free of objects while walking on slick surfaces. That way, if you start to fall, you can catch yourself before hitting the ground.

What Damages Can You Get In A Slip And Fall Claim?

If you were hurt in a slip and fall and someone else was liable for the condition that caused your injuries, you could be eligible for compensation. First, you could receive economic damages, usually money for medical bills, rehabilitation, and lost earnings. Your attorney will help you to gather proof of your injuries, medical expenses, and lost wage information to present to the at-fault party’s insurance company. You could be entitled to past lost wages and future lost earnings as you continue to move toward a full recovery.

Second, you can get compensation for non-economic losses, which include pain and suffering. Many severe slip and fall injuries could lead to weeks or months of pain and discomfort, so you should be compensated. Pain and suffering damages are subjective, so the amount you may receive will vary based on the seriousness of your injuries and case facts and circumstances. You also could receive money for disability, emotional suffering, and loss of quality of life.

Our SJ Injury Law slip and fall lawyer will advocate for the highest possible pain and suffering compensation. If the insurance company does not offer a fair amount of compensation in settlement negotiations, we can take the case to a jury trial.

In limited cases, you may be eligible for punitive damages. If the property owner was particularly negligent or reckless in causing you harm, the court could order them to pay additional damages to punish them.

Speak To Our Chicago Slip And Fall Accident Lawyer Today

Remembering the above tips can be critical to avoiding many Chicago slip and fall accidents. However, a slip and fall serious injury can happen if a property owner is negligent. If you were injured on someone else’s property recently, speak to our Chicago slip and fall accident lawyer at SJ Injury Law at (847) 434-3555 today. Our attorneys have many years of experience obtaining compensation for slip and fall accident victims. We could assist you with obtaining critical compensation to ensure a full recovery.

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Things You Should Have In Your Car As Winter Approaches

winter safety

Our Arlington Heights personal injury attorneys at SJ Injury Law are all too familiar with the severe auto accidents in our region. These accidents tend to increase in number and severity as winter takes hold. The tips in this article about items to have in your car this winter can help if an accident occurs. If you believe another party caused your car accident, call our Arlington Heights car accident attorney today for legal advice. Just call (847) 434-3555 for an appointment. 

Why Prepare Your Car For Winter?

When ice, snow, and cold weather move into the Chicago area, the prudent driver is prepared for hazardous driving conditions and potential breakdowns. The following items can be helpful if you are driving in slick weather this winter. If you get into an accident, make sure you call an ambulance if there are serious injuries. Then, talk to our Arlington Heights personal injury attorney at SJ Injury Law. You could be entitled to compensation for your injuries.

Ice Scraper

A sturdy ice scraper in your car is necessary to keep the windshield and windows clear of snow and ice. When using your scraper, do not merely clean the windshield; driving with obscured vision out of the side and rear windows is dangerous. Ensure all windows are clear of ice and snow for the most visibility.

Remember, if you have limited visibility and get into an accident, you could be found partially at fault. Even if the other driver may have caused the accident, the Illinois comparative negligence laws can come into play when you did something to contribute to the accident.

Jumper Cables

Cold, Chicago weather is tough on everyone and everything, including your car battery. If your car battery is old, cold temperatures could be enough to leave it dead when needed. Keep jumper cables in the trunk to jump-start your vehicle if needed. If you do not know how to jump your car, call AAA or a mechanic to help.

Also, take your vehicle to a car parts store or mechanic every fall to have the battery checked. You can avoid being stranded in cold weather if you just replace that battery before it fails.

Phone Charger

Sometimes our cell phone is not charged when we need it most. If you are stuck in the snow and cold this winter, you will want to ensure that your cell phone has plenty of power. You can keep extra batteries in your car, or put a small ‘brick’ charger in your trunk. One of these phone chargers can hold anywhere from one to four charges, but make sure that you check it every month and keep it fully charged.

Flashlight And Batteries

The last thing you want is to be stuck in the snow at night without a flashlight. Yes, you can use your cell phone light, but having a larger flashlight and extra batteries in the trunk is better. Having a flashlight is also essential to ensure you are visible to other drivers if you need to walk for help.

Blanket

Have any old blankets in your home? You should stick one in your trunk right away. If you get stuck in the snow, you could run out of gas and be unable to keep the heat running. If that happens, you will get cold quickly in chilly weather. You also can use the blanket to wrap yourself to stay warm if you need to walk for assistance.

Kitty Litter

When Mother Nature dumps ice and snow on the Chicago region, it is wise to have some inexpensive traction in the trunk. Keep a small container of kitty litter in the vehicle to get added traction when needed. Just sprinkle a few handfuls of kitty litter behind the wheels to get you unstuck.

Food And Water

If stranded in the snow, you could have to wait a while for assistance. If the weather is severe enough, the wait could be hours or even a day or more. Keeping non-perishable food and water in the vehicle will be helpful in this situation. For example, you could keep bottled water and granola bars in the trunk.

First Aid Kit

You hope you will not need it, but you could need a first aid kit if you are in an accident and first responders are unavailable. Your kit should have bandages, pain reliever, gauze, disinfectant, and scissors.

Additional Tips For Winter Driving

There are other things to remember to keep you and your family safe when driving this winter:

Full Gas Tank

Imagine being stuck in snowy weather with the temperature plunging toward zero. At this time, you do not want to worry about running out of gas. You should ensure your gas tank is nearly complete every time you leave home in the winter.

Snow Tires

If you are in a part of the region with a lot of snow and ice in the winter, having snow tires on your vehicle can benefit you. Snow tires provide additional traction over all-season tires in wintry weather.

If you cannot or do not want to purchase snow tires, just ensure your all-season tires have plenty of tread. Few things are more dangerous than driving on slippery roads with bald tires. It is never a good idea to save money by driving on old tires.

New Wipers

You should start every winter with a new set of wiper blades. These inexpensive but essential tools can help you avoid a car accident. After all, being able to see the road is the most important thing when driving your car. Most oil change shops will do it if you have difficulty putting blades on.

How Can You Avoid Winter Car Accidents?

The items mentioned in this article can help if you are stuck or in an accident. But how about staying out of the accident to begin with? Here are some tips to avoid accidents this winter:

Eliminate All Driving Distractions

Anything that distracts you from driving increases the chances of an accident. Cell phones, radio, conversations with other passengers, and eating and drinking are all things to avoid when driving, especially in bad weather. When driving in ice and snow, stay focused on your driving to prevent accidents. All it takes is to glance at your text messages; you can be in an accident on slick roads.

Be Gentle With The Brakes

A common cause of winter accidents is when drivers apply the brakes too much. Even with anti-lock brakes in virtually every American vehicle, you can still lose control in bad weather with a heavy brake foot. Any abrupt movement on slick roads can cause weight to transfer and can lead to a loss of control.

You can reduce the chances of skidding or sliding by using light force on the brake pedal. If you have a manual transmission, avoid harsh downshifts so you do not skid.

Check Your Tire Levels

Air in your tires contracts in cold weather, so it is common for tires to lose pressure in the winter. Underinflated tires can reduce vehicle control, so check your tire pressure weekly. When your tires are at their recommended pressures, your vehicle will handle best and offer superior traction.

Leave More Space Behind Other Vehicles

In normal weather, leaving about three seconds between you and the next vehicle is a good rule of thumb. But when the roads are slippery, you should increase the following distances to approximately six seconds. This will allow you more time to slow down or change direction if the car in front slows suddenly.

If another driver is tailgating you, you should go into another lane, not slam on your brakes in frustration. The key to safe winter driving is to take things slow and easy.

Do Not Use Cruise Control

Cruise control is often helpful on long highway drives but should not be used when driving in ice or snow. If your vehicle skids when cruise control is on, the vehicle may continue to accelerate as the car slides. This is hazardous, so you should only use cruise control on dry roads.

Maintain A Safe Speed

Driving at or under the speed limit makes many winter car accidents easily avoidable. The moment you see wet, snowy, or icy weather, immediately decrease your speed and drive more cautiously. Even better: Get off the roads until the roads are clear and dry again.

Speak To An Arlington Heights Personal Injury Attorney Now

If you keep the abovementioned items in your vehicle and follow our safe driving tips, you will be better prepared in winter weather. However, if you suffered a severe auto accident injury in Illinois despite your best efforts this winter, you need immediate legal assistance. 

You should never allow the negligent party to escape their liability. After all, they caused your damages, so they should pay and make you whole. For more information, contact our Arlington Heights personal injury attorney at SJ Injury Law at (847) 434-3555. Our attorneys have years of serious personal injury claim experience and will fight for your legal rights.  

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How Are Permanent Brain Injuries Proven?

brain injury

There are few injuries worse than a permanent brain injury. Whether caused by a car accident, truck crash, or medical mistake a permanent brain injury can make living life normally almost impossible. 

If you can prove that another party caused the brain injury, you could receive compensation in a personal injury lawsuit. But receiving compensation means proving that you or your loved one has a permanent brain injury and another party caused it. In this article, learn more about permanent brain injuries, and contact our experienced Schaumburg personal injury attorney for additional information and a consultation about your case.

What Is A Permanent Brain Injury?

A permanent brain injury, sometimes called a traumatic brain injury (TBI), is an injury that usually occurs from a violent jolt or blow to the head. In personal injury cases handled by our Schaumburg personal injury attorneys, permanent brain injuries often occur in motor vehicle, truck and motorcycle accidents, slip and fall accidents, sports collisions, explosive blasts, and medical malpractice cases. Severe brain injuries can cause many long-term or permanent problems that are costly.

If you or your relative have suffered a permanent brain injury, you could have expensive long-term care and rehabilitation requirements. When another person caused the accident and resulting injuries, one of our personal injury attorneys will work to prove negligence and hold the other party accountable.

How To Prove A Permanent Brain Injury

Whether our SJ Injury Law attorneys are negotiating a settlement with the at-fault insurance company or presenting the case to the jury, proving a permanent brain injury means starting at the beginning. Your attorney will need to show what happened in the accident that caused the injury and how and why. The attorney also will show how the accident caused your brain injury and how it affects your daily life.

For example, if you suffered a permanent brain injury in a car accident, documentation related to the mishap will be needed for legal proof. The police report can be vital because it may indicate how the crash happened, where the vehicles were located, how fast they were going, and their direction.

Our Schaumburg personal injury attorneys typically hire accident reconstruction experts to investigate the accident details and prove how it happened. The accident reconstruction experts may testify in court about the accident, how it happened, and who caused it. This testimony might prove that another driver did not yield and hit you head-on, causing your head to slam into the side window, which caused the brain injury.

Permanent Brain Injury Symptoms

There are many signs apparent when people have suffered a permanent brain injury. Some common symptoms are listed below, and your attorney will use your symptoms to prove you have a brain injury. But remember that only a doctor can diagnose that you have a brain injury:

  • Dizziness and headaches
  • Drowsiness and fatigue
  • Mood swings that are out of character
  • Loss of coordination
  • Loss of consciousness
  • Difficulty speaking or understanding speech
  • Convulsions or seizures
  • Nausea or vomiting
  • Brain fog

It is essential to your case that your doctor document possible brain injury symptoms. This is why you should always seek medical treatment after any serious accident. In many cases, a seriously injured party may not get the medical attention they need. By the time they go to the ER, their injury has worsened, and their prognosis declines. Also, waiting to see a medical professional for a brain injury can limit your options when negotiating a settlement or filing a personal injury lawsuit.

Documentation And Medical Experts

The next part of proving a permanent brain injury is to rely on medical documents and experts to make the case. Your treating doctor, neurologist, and other medical professionals may be called to testify to prove your injury and how it is related to the accident. 

There are many ways that your doctors can diagnose your permanent brain injury. Documents and medical testimony are essential to prove that a brain injury occurred. Your medical professionals may discuss the tests they used to diagnose you, how you responded, and how the injury affects you.

Your doctors also could use the Glasgow Coma Scale to measure various types of functioning. They include the ability to speak, open your eyes, and move. A doctor can rate the responses you give and provide a score. The lower your score, the more serious the injury, and the more compensation you might be entitled to in a personal injury lawsuit.

Your personal injury attorney will rely heavily on your doctors’ testimony to prove your permanent brain injury. Insurance companies know that TBI claims can be costly. They may attempt to reject your injury claim and say you do not have a severe brain injury. The other party’s insurance company may also bring in its medical experts to suggest you are not as injured as you claim.

By asking your doctor, neurologist, and other medical professionals to testify, your attorney will try to prove your injuries are severe and related to the accident. This testimony on your behalf can make or break the value of the case.

Medical Tests That Can Prove A Permanent Brain Injury

Your attorney may also call one of your medical professionals to discuss imaging and tests that show the severity of your brain injuries. These tests could include a:

  • A CT scan uses X-rays to take a total picture of the brain. This test can show bleeding, bruised brain tissue, and other damage that may limit or even endanger your life.
  • MRI uses large magnets and radio waves to make images that are even more detailed than a CT scan.
  • Intracranial pressure monitoring uses a probe inside the skull to check the degree of brain swelling, which can be due to a permanent brain injury.

How A Permanent Brain Injury Is Rated

After your doctors discover your permanent brain injury, they will rate its severity. The range is from mild to severe, and the compensation you receive in a lawsuit can rise, the more serious the injury is:

Mild Brain Injury

A mild TBI usually causes short-term brain damage and is more treatable than other types. If you have a mild brain injury, you probably were not unconscious or out for a limited time. A mild TBI can lead to short-term memory loss that often lasts less than 24 hours.

Moderate Brain Injury

A moderate TBI leads to more brain damage than a mild brain injury. If you suffer a moderate TBI, you may have been unconscious for at least 30 minutes and up to 24 hours. You could have temporary memory loss that lasts up to seven days.

Severe Brain Injury

A severe TBI most damages the brain and can be permanent or fatal. If you or your loved one has a severe brain injury, you probably were unconscious for more than a day and your memory loss could be over a week.

Proving Negligence

It is one thing to prove that you have a permanent brain injury, but it is another to prove that someone else caused it. To win your personal injury case, a preponderance of the evidence must show that another person or entity caused the accident. Your attorney will use his skills and experience to prove negligence, which has four parts:

Duty of Care

Duty of care refers to our legal duty to avoid harming others. All people have a duty of care to obey the law and behave reasonably using ordinary care. If someone violates the law or engages in behavior that others know is dangerous, they have breached their duty of care.

Breach In Duty

A breach in the duty of care refers to the action or lack of action that broke the rules. For instance, if another party ran a red light in Chicago and slammed into your vehicle, they breached their duty of care to drive safely. Your attorney may rely on eyewitness testimony, traffic video, or black box data to prove the accident occurred.

Proximate Cause Of Injury

This means that your injuries are related to the breach of duty of care. If you suffered a brain injury after a car accident, your attorney will try to prove the link between the breach and your damages.

Damages

To obtain compensation in a brain injury lawsuit, it is not enough to prove that you are injured, and someone else caused it. You also must have suffered damages. Many personal injury lawsuits include medical bills, lost wages, loss of enjoyment of life, pain and suffering, and more. Someone with a permanent brain injury may have significant economic and non-economic damages. Your attorney will fight hard to prove the amount of damages you suffered to maximize your potential compensation.

Speak To A Schaumburg Personal Injury Lawyer

You may face years of medical bills and rehabilitation if you or a loved one suffers a brain injury. Plus, you or your loved one may never be the same again. However, a legal novice should not attempt to prove the brain injury and someone’s negligence. If you suffered a brain injury because of another party’s intentional or negligent act, you should fight for justice today by retaining a lawyer. Contact our Schaumburg personal injury attorney at SJ Injury Law at (847) 434-3555 to learn if your case could result in compensation.