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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.

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How To Document A Slip & Fall Accident Properly

slip and fall

Slip and fall accidents occur frequently in Illinois. If you are injured in a slip and fall accident, you could be overwhelmed with pain and unable to work, function, or enjoy your life. If another party’s negligence resulted in a condition that caused your slip and fall accident, documenting the incident will be critical to potentially receiving compensation. 

This article teaches how to document your slip and fall accident for a potential claim or lawsuit. If you have legal questions, our experienced Hoffman Estates slip & fall accident lawyer at SJ Injury Law can answer them.

Premises Liability Overview

An Illinois slip and fall accident is under premises liability law. Premise liability is a critical legal concept in personal injury law, alleging that the injury you sustained was caused by a defective or hazardous condition on another person’s property – such as a home or business. If the property owner or manager knew or should have known of the defective condition, they could be held liable for your injuries in a premises liability claim. The following elements must be proven in Illinois to win a premises liability case:

A Dangerous Condition Existed On The Property

Your slip and fall personal injury case hinges on showing a hazardous condition on the property when the injury happened. This could be a wet or oily floor, a loose rug or floorboard, rotting steps, or another defective condition.

The Owner Knew Or Should Have Known About The Condition

This element might be proven by showing evidence that the owner had a good reason to be aware of the dangerous condition. For example, if a spill in the store and a worker reported it to the manager, this is enough evidence to show the owner was aware of the hazard.

The Owner Did Not Take Reasonable Care To Fix The Hazard

If the owner was or should have been aware of the defective condition, but did not take action to fix or warn others, the owner may be liable for the injured person’s damages. Using the example above, if the owner knew there was a hazardous spill in the store for 20 minutes and took no action, he did not take reasonable care to remedy the situation.

Someone Was Injured Because Of The Owner’s Failure

Last, you need to show that you suffered injuries and losses related to the hazardous conditions on the property. For example, if you broke your wrist when you fell, you can show that you have medical bills, pain, suffering, and lost work time.

What Are Common Causes Of Illinois Slip & Fall Accidents?

Unless you have an underlying health condition, most people do not simply fall for no reason. Most slip and fall incidents happen because of a safety hazard on another person’s or business’s property. Common causes of slip and fall incidents in Illinois are:

  • Slippery and wet floors
  • Uneven sidewalks and parking lots
  • Poor lighting in apartment buildings and businesses
  • Damaged steps and handrails
  • Objects falling off of shelves
  • Icy or wet sidewalks

Common Types Of Slip & Fall Injuries

Many slip and fall injuries can be severe and debilitating. They include:

  • Soft tissue injuries to the hands, feet, back, or neck
  • Shoulder injuries
  • Bulging or herniated spinal discs
  • Fractures
  • Concussion and other traumatic brain injuries

Illinois Slip & Fall Laws

Several state laws and rules will affect your claim or lawsuit in an Illinois slip and fall case. They are:

Comparative Negligence Rule

slip and fall

If you want to make a claim after a slip and fall on someone’s property, be ready for the insurance company to claim you were at least partially at fault. If the property owner or their insurance company can pin some of the blame on you, your compensation could be reduced by your percentage of fault.

Suppose you were hurt in a grocery store accident where you stepped into a puddle of oil. You suffered a back injury and fractured ankle; your total damages were $25,000. However, the grocery store had placed a wet floor sign three feet from the oil spill. The insurance company argues that you were partially responsible, and the jury agrees and says you were 25% at fault. Thus, your compensation could be reduced by $6,250, or 25% of the $25,000. Furthermore, if you are found to be more than 50% at fault in the accident, you cannot recover damages in the case.

This is how shared fault works in Illinois personal injury claims. Even if the case does not go to trial, the state’s comparative negligence claim may come into play. During settlement talks, the insurance company’s offer could reflect any partial liability you have for the incident. Your attorney, on the other hand, will argue for as little blame on you as possible to maximize your payout.

Statute Of Limitations

Be aware of the state’s statute of limitations for filing a personal injury lawsuit, which in Illinois is two years from the date of the injury. If you believe the property owner or manager is liable for your damages, you must initiate the lawsuit within two years of the incident. If you do not, you will be barred from ever bringing a lawsuit.  Your attorney will want ample time to prepare the slip and fall lawsuit, so you should retain an attorney as soon as possible.

The Importance Of Documenting The Slip & Fall  Accident

No one will take your word for it if you are injured in a slip and fall incident. You will need strong evidence to receive compensation in a claim or lawsuit. Essential steps to document your slip and fall incident include the following elements:

Get Medical Treatment Immediately

Not only is it vital to be evaluated by a doctor promptly to ensure your health and well-being. One of the most critical steps in documenting a slip and fall injury is getting medical treatment immediately. As well as treating your slip and fall injuries, your doctor will document the fact that you were injured in the incident. This will be critical evidence if you file a personal injury claim or lawsuit later. You could receive compensation for your medical bills from doctors, dentists, chiropractors, ER doctors, and more.

Even if you think you are not seriously injured after the slip and fall, you still should seek immediate medical attention. If the injury worsens after a few days, you will have the injury documented on your medical record to receive potential compensation. One of the first things your slip & fall accident lawyer in Hoffman Estates will do is obtain your medical records for medical proof of your injuries.

Report The Slip & Fall  Accident

If you fall at a business like a grocery store, you should report the injury promptly to the manager. File an accident report with the company, and if the police arrive, ask for a copy of their report.

If the accident happened at work, report the slip and fall to the HR department or your manager. Reporting the accident promptly is essential for receiving workers’ compensation benefits for your injury.

Take Photo And Videos

Photographic and video evidence are essential documentation for your slip and fall personal injury case. For instance, if you fell in the baking aisle on an oil spill in the grocery store, get a wide shot of the accident scene showing the hazard. This wide-angle shot will show there were no warning signs for the spill. Make sure you take cell phone video and pictures before they clean the area. Then, take photos of your injuries, bandages, back or neck brace, and other signs of injury.

Keep A Slip & Fall  Case File

Save every document related to the slip and fall case. The case file should include medical bills, other out-of-pocket expenses related to your injury, and any correspondence from your doctors or insurance company about the injuries. Also, write down or take a video of what happened the day you fell and precisely what happened. Next, list any accident witnesses, including their names and contact information.

Keep Your Clothing And Shoes

Many slip and fall injury victims do not realize they should retain the clothing and shoes they wore the day of the injury. Do not wash or clean them up; any dirt, damage, or blood on the clothing could be substantial evidence for your claim.

Remember that specific critical evidence could disappear fast after the accident. For example, the grocery store will quickly clean up any spill that caused your injury, so getting ample video and photos of the accident scene could be vital to your claim later. Any documentation and evidence you collect, turn it over to your attorney during the initial consultation.

Contact Our Hoffman Estates Slip & Fall Accident Lawyer Today

Slip and fall accidents can cause debilitating pain and injuries, and you should not suffer out-of-pocket costs if someone else is responsible. Our Hoffman Estates slip & fall accident lawyer at SJ Injury Law could help you receive compensation for medical bills, pain and suffering, and more.

Call us today at (847) 434-3555 for a confidential consultation. Remember, the big insurance companies rarely give you what you deserve immediately after a slip and fall accident. You need an aggressive, experienced litigator to get you the most compensation, and SJ Injury Law is ready to fight for you.

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What Are Settlement Amounts For Back Injuries In Illinois?

back injuries

Back and spine personal injury claims may not get a lot of headlines, but they can be among the most painful and debilitating injuries. Living and working generally with a severe back or spine injury can be challenging, whether the back injury occurred in a car accident, slip and fall, or workplace accident. 

If you suffered a severe back or spine injury in an accident in Illinois, the at-fault party has to pay for your economic and non-economic damages. Learn about back injury settlements in this article, and then our back injury lawyer in Schaumburg at SJ Injury Law can review your case.

What Are Common Back Injuries After An Accident?

Back injuries after accidents are common and take many forms. Common back injuries you could experience after an accident include the following:

Soft Tissue Damage

Soft tissue injuries, including whiplash, might not sound significant, but the pain and disability can be intense. Soft tissue back injuries refer to damage to the back’s tendons, muscles, ligaments, and other connective tissue. These injuries can happen during a fall, a violent auto or truck collision, and any incident where stress strains, sprains, and pulls soft tissue in the upper middle or lower back.

A common issue with soft tissue back injuries is they can be challenging to see on X-rays or MRIs, so insurance companies may not take it as seriously as other back injuries. Your personal injury attorney will work closely with your doctor to obtain evidence proving the severity of your soft tissue back injury.

Herniated Disc

A herniated or ruptured disc can happen in many accidents where a high level of force compresses a spinal disc, leading to the disc slipping out of place, cracking, or rupturing. The herniated disc is not painful; the problem arises when the damaged disc presses on nearby nerves. In that case, the injury can cause severe pain and disability. If the herniated disc does not receive prompt treatment, the injury can lead to additional complications, including numbness or even nerve damage affecting the extremities.

Fracture

A fracture can happen to one or more vertebrae in an accident. One of the most common injuries is a compression fracture, when the force of the injury crushes the bones together, causing a stress fracture. Surgery may be needed to fix more severe vertebrae fractures.

Spinal Cord Injuries

In the most severe back injuries, there may be spinal cord damage. A spinal cord injury can occur when the cord is bruised, lacerated, or even cut in the accident. Damage to the spinal cord can affect the nerves, damage motor function, and lead to partial or total paralysis.

Degenerative Disc Disease

As we age, the wear and tear of the years can cause back discs to deteriorate. While you may or may not experience pain and symptoms, a traumatic injury, such as a slip and fall or car accident, can cause degeneration to create painful symptoms, such as back pain and tingling in the hands and feet.

Secondary Complications

There are many possible secondary complications associated with severe back injuries. Most involve damage to the spinal cord, which can cause complications with respiration, the bowels, the urinary tract, and the cardiovascular system. You also could experience muscle problems, sexual performance difficulties, and anxiety and depression related to your condition.

Also, clinical studies show a frequent link between back injuries and head trauma. Someone with a severe back injury is more likely to have a traumatic brain injury (TBI)).

It is estimated that 1/3 of accident victims with spinal cord or cervical spine injuries have moderate or severe head injuries.

back injuries

What Causes Many Serious Back Injuries?

Most moderate to severe back injuries in Illinois are related to auto accidents. While seat belt restraints help limit specific serious injuries, the neck and back are still subject to tremendous accident forces that can create serious injuries.

In frontal-impact car accidents, the head and body are thrown violently forward and can accelerate at various speeds, damaging the cervical spine. Herniation and spinal disc tears in the neck often happen, including the C5 and C6 vertebrae. Severe spinal cord injuries can occur in the neck and upper back in frontal crashes when the seatbelt stops much of the motion of the torso, but the head still moves forward.

A high-speed car crash can also cause a spinal fracture in the lumbar or thoracic spine when the spine bends against the seatbelt. This is called a Chance fracture, where the spine is crushed together, and the back of the spine fractures, potentially damaging the spinal cord.

In a rear-end crash, the vehicle shoots forward, pushing the motorist’s lower body into the seat. The torso goes back and up until it is stopped by the lap belt, which can damage your thoracic discs and vertebrae. Then, the neck snaps back, leading to severe whiplash and possibly damaging neck vertebrae, ligaments, discs, and even the spinal cord. The lap gelt can also damage the lumbar spine region

A side-impact car accident usually causes more severe injuries to those on the side of the impact. In a side-impact crash, the seatbelt will restrain the lower body, but the torso, neck, and head can whip to the side, leading to neck, back, and head injuries.

If you are in a motorcycle accident, the thoracic and cervical spine are the most commonly injured back area. The body may bend naturally in the midsection during impact, potentially leading to a severe or even fatal spinal cord injury.

Typical Back Injury Settlements In Illinois

Online data suggests that up to 95% of personal injury lawsuits are resolved with a settlement and do not go to trial. If you have a back injury from an accident, you may wonder what the size of your settlement could be. Back injury settlement amounts can vary tremendously based on the severity and type of injury. For example, straining your back and being unable to work for a month will usually lead to a lower settlement than rupturing or herniating a disc and being out of work for months. Other factors that will influence the size of the settlement are:

  • How the back injury affects your quality of life. For instance, if you cannot lift your children and play with them, it adversely affects your ability to enjoy life.
  • Was there a permanent disability, such as being unable to walk without pain?
  • Did the back injury cause long-term or permanent pain and suffering?
  • Did the back injury prevent you from going back to work?

Some research indicates that minor back injury settlements can range between $25,000 and $50,000. However, the settlement could be into the many millions.

Auto accidents are one of the most common reasons for back injuries. A Bureau of Justice Statistics study found that car accident personal injury claims often settle within 14 months. The national average for car accident settlements is $834,000, and the median is $285,000. However, it is essential to remember that every back injury personal injury case is different, and the amount of your settlement depends on many individual case factors.

If you have a spinal cord injury from the accident, this situation is much more severe, and you could receive a much higher settlement. A spinal cord injury victim will likely have annual care costs exceeding $100,000, and the initial treatments in the first year can exceed $1 million. If another party caused the accident that damaged your spinal cord, your personal injury attorney in Schaumburg will fight for as much compensation as possible.

Why You Should Hire A Back and Spine Injury Lawyer

Even a relatively minor back injury can severely impact your quality of life and ability to earn a living. Hurting your back can affect how you move and engage in many basic life activities, such as getting out of bed, getting dressed, walking, exercising, bending over, bathing, and much more. Even cooking meals can bring immense physical challenges with a severe back injury.

No matter how much pain you have, it is common for the liable party’s insurance company to soft-peddle your injury and give less than you deserve for your pain, suffering, medical bills, and lost earnings. Without sufficient compensation, you could have a lifetime of debt and financial difficulty because you cannot earn a proper living with a back injury.

A back injury lawyer in Schaumburg knows every insurance adjuster trick and will fight for every dime of compensation so you can recover as much as possible. The attorney will investigate the accident thoroughly and prove that the other person was responsible, and also will thoroughly document your injuries with the help of your doctor. If the insurance company refuses to offer a fair settlement after your lawyer’s best efforts, they can take the case to trial.

Contact Our Back and Spine Injury Lawyers In Schaumburg

Did you suffer a back injury in a recent Illinois accident because of someone’s negligence? You could be entitled to compensation to help you recover physically and financially, and our back injury lawyer in Schaumburg at SJ Injury Law could be of assistance, so call today for a consultation at (847) 434-3555.

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Steps To Take After A Serious Construction Accident

construction accident

You might not know what to do or who to call when a construction accident occurs. But time is vital when you are hurt in a construction accident, so knowing what to do is the difference between winning and losing your case.  If you were in a construction accident recently, learn about the necessary steps to take in this article and other related accident information. These steps are essential for filing a workers’ compensation or third-party personal injury lawsuit claim. Then our Schaumburg construction accident lawyer at SJ Injury Law can answer your questions about the next steps.

What Are The Most Common Construction Accidents In Illinois?

There is plenty of construction all around Chicago and Illinois. Unfortunately, construction accidents are all too common, with these types happening most often:

Falls

Scaffolding and working from heights are often needed on the job. Because you could be tens or hundreds of feet in the air, falls from scaffolding are usually severe and often fatal. It is estimated that scaffolding falls comprise 25% of all deadly falls at construction sites.

Slips And Falls

Many construction sites are full of equipment, construction materials, and debris. When there are too many things on site, it is easy for workers to slip, trip, or fall. Pedestrians passing by can slip on materials left carelessly on the job site.

Electrocutions

There are many severe and fatal electrocution accidents on construction sites every year. Electrocutions could be because of direct contact with a power source, an equipment malfunction, or even a lightning strike. These injuries can cause severe burns, muscle pain, unconsciousness, and sometimes death.

Falling Objects

Falling object accidents are another common cause of construction site accidents. You can be severely or fatally injured by falling debris, objects, materials, or equipment. Also, falling items can severely injure construction workers and passers-by if companies do not properly secure the job site.

Crush Injuries

Construction sites frequently have moving vehicles and equipment, and construction workers can be wedged between or crushed between equipment or objects. Crush injuries are devastating and fatal because the incident can cause shattered bones, organ damage, nerve damage, brain damage, and more. Crush injuries can happen on job sites when the employer does not tell workers about dangerous conditions or fails to train them about how to stay safe around machinery.

Fires And Explosions

Many construction workers can be injured, or killed on site by fires and explosions. These job sites often have gases, chemicals, and many flammable materials that can harm workers. Fires and explosions also may happen when a piece of equipment sparks. These injuries can include severe burns that are extremely painful and sometimes fatal.

Trench Collapses

Some construction workers are injured in trench collapses. These accidents happen when workers work in deep trenches to install, maintain or inspect electrical cables, or pipelines. If the trench is improperly constructed and or not properly marked with warnings, there can be a fatal cave-in. Also, sometimes passers-by fall into trenches, and the long fall can cause a fatal injury.

Overexertion

Companies also must ensure that workers are given sufficient breaks on long, hot days to stay nourished and hydrated. If construction workers work too long and hard, they can become weak and dehydrated, leading to dangerous health conditions. Or, their weak state can make them inattentive on the job, leading to severe accidents.

If you are injured in a construction accident, time is of the essence. So, ensure that you follow these steps:

Get Medical Attention

The most important step after any construction accident is to get immediate medical attention. Call 911 immediately so you or the injured party can get the medical help they need. Construction accidents can be severe; only trained medical personnel should assist or move the injured person. Not moving the injured party is essential if you suspect a serious back or neck injury.

You need to have a doctor check the severity of your injuries no matter how minor you think they are. Some injuries, especially to the head, back, and neck, might not be painful initially. This is not the time to be brave, tough it out and wait a few days to see if you feel better. You need to visit a doctor immediately, get treatment, and have everything recorded in your medical record. These steps ensure your health and the ability to file a workers’ comp claim or third-party lawsuit later.

Report The Construction Accident

The next step is to report the accident to your employer. Some workers may not want to report the accident because they are afraid of losing their job or immigration status. There could be fear that the company will retaliate against an injured worker for reporting an accident and safety-related violations.

It is always in your interest to report the accident to your manager or whoever oversees the project. Reporting the accident ensures that the accident will be fully documented, which is essential for your case and for preventing future injuries. Remember to note who you reported the accident to and when. This will be important for filing a legal claim later.

Collect Contact Details

Gather as much evidence as possible from the construction accident scene, including contact information from witnesses. You or another worker should write down the contact information for each person who saw the accident, which you can give to your lawyer later. Your attorney can get the witnesses’ versions of what happened.

Take Photos

You should also take photos of the construction accident scene. Or have a coworker do it. If the accident happened because of unsafe work conditions, take pictures of the area and any defective equipment. You also should have someone take pictures of your injuries, including damage to your construction hat, clothing, or related property.

Talk To An Attorney

If you are hurt on the job, you must probably file a workers’ compensation claim with your employer. However, you could receive a better case outcome if you have an attorney handle your case. Most attorneys working on such cases do not charge upfront legal fees; they only get paid if you receive benefits.

Workers’ Compensation Laws In Illinois

If you were hurt in a construction accident at work, you may be eligible for workers’ compensation. The state’s workers’ compensation insurance system pays benefits for job-related injuries, regardless of fault for medical costs. It covers most state employees and starts from when you start the job. To receive workers’ compensation benefits, you need to do the following after a job-related construction injury:

  • Get prompt medical attention.
  • Work with your doctors so you can heal and get back to work. You can lose your benefits if you do not attempt to get better or do things that worsen the injury.
  • Tell your doctors that the treatments are for a job-related construction accident.
  • Give your employer the contact information for your doctor.

Illinois has several types of workers’ compensation benefits. What you receive and how long depends on the severity of the construction accident:

  • Medical care to treat your injuries.
  • Temporary total disability for when you cannot work and are recovering.
  • Temporary partial disability when you are working but doing lighter work or working fewer hours.
  • Permanent partial disability when you sustained a permanent disability but can still do other work.
  • Permanent total disability when you are permanently unable to do any work.
  • Survival benefits for the family if you died because of a workplace accident.

If you file for workers’ comp after an accident, there is a three-day waiting period before receiving benefits. So, if you are hurt, you will get benefits beginning on the fourth day.

What Does A Construction Accident Lawyer Do?

After a serious construction accident in the Schaumburg area, the last thing you should do is take on the insurance companies alone. Retaining an experienced injury attorney is essential to maximizing your physical and emotional recovery. Some of the critical tasks your attorney will handle are:

  • Analyze your construction accident case
  • Handle insurance negotiations for a favorable settlement
  • File all legal paperwork and claims
  • Respond to legal motions
  • Keep the case on track
  • Communicate vital case details to you
  • Negotiate with the defendant
  • Answer all of your legal questions

If your accident case involves workers’ compensation, your attorney also can ensure that you get the most benefits possible. Many injured parties who handle their own workers’ comp claim wind up with less money than they could have with an attorney’s help.

Last, your attorney can file a third-party personal lawsuit in the construction accident case if your injuries were caused by someone other than your employer. For instance, if you were hurt at work in a construction accident, your attorney could file suit against the maker of a defective piece of equipment or a negligent maintenance company.

Contact Our Schaumburg Construction Accident Lawyer For Legal Assistance

If you were hurt in a construction accident, you should speak to an experienced injury attorney as soon as possible to safeguard your rights. Because construction injuries may involve workers’ compensation, there are deadlines in the statutes that must be closely observed. Contact our Schaumburg construction accident lawyer at SJ Injury Law to help keep everything on track. Call (847) 434-3555.

 

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Why You Should Retain SJ Injury Attorneys For Your Case

personal injury

If you were recently hurt in an Illinois accident you could have head trauma, broken bones, cuts and scrapes, and other serious injuries. You could be unable to work and have trouble walking without pain. You should hire SJ Illinois injury attorneys to represent you when you are seriously hurt after an accident caused by someone’s negligence. In this article, learn how a skilled Illinois injury attorney is a valuable investment. If you have legal questions, our SJ Injury Law attorneys can answer them today.

You Have Serious Injuries

The most important reason to hire a top injury attorney in Illinois is if you have serious injuries from an accident. Severe injuries could require tens or hundreds of thousands in medical care, months or years of lost work time, and tremendous pain and suffering. Few people have the financial resources to shoulder a long injury recovery. Nor do they have the medical or legal experience to understand the economic and health road ahead.

Your personal injury attorney has access to medical and economic experts who can ensure you get the money and care you need for a full recovery. Getting an experienced injury attorney is essential to getting your life back on track.

Insurance Companies Represent Their Shareholders First

After an accident, you will probably be confused, shaken, and uncertain about where to turn. Assuming another party caused your accident, speaking to their insurance company might seem natural. After all, if they caused the car accident or other type of incident, it seems logical their insurance company will cover your bills.

However, always remember that the defendant’s insurance company is looking out for themselves and their shareholders. After an accident, they will look for ways to pay you as little as possible or to deny coverage, if possible. All insurance companies have teams of aggressive attorneys who will try to shortchange you.

To fight against ruthless insurance companies, you should retain an experienced injury attorney to level the playing field. Our SJ Injury attorneys will represent your rights and interests and counter the effects of the insurance company attorneys, so you get the most money possible and the money that you deserve.

For example, a common way insurance companies will try to lowball you is pain and suffering for a soft tissue injury, such as whiplash. Whiplash injuries do not typically show up on X-rays, so to insurance adjusters, there is a chance that the injured party is exaggerating their pain. However, it is well known that whiplash can be extremely painful, making it difficult to work or enjoy life. Our attorneys know how to persuasively argue for a plaintiff with soft tissue injuries so you can get more for your claim.

Your Injuries Could Be Much Worse Than You Think

Suppose you were crossing the street in a crosswalk in Chicago, and a car hits you at 5 MPH, knocking you to the ground. You get up, brush yourself off, and do not think you are injured. You jot down the name and contact details of the driver but do not go to the hospital.

The next day, your back causes you severe pain, and it is hard to get out of bed. It is common for injuries to feel worse the next day after the adrenaline rush from the accident fades.

When you have serious injuries that could cost you a lot in medical bills and lost work time, having a personal injury attorney is strongly recommended. They have the skills, experience, and legal know-how to get you more money in a settlement. Your injuries could last longer than you think and take longer to heal, and your attorney will know this and ask for more money.

Illinois Has A Modified Comparative Negligence Rule

Illinois is a modified comparative negligence state, meaning you can obtain compensation when you are partially to blame for the accident. However, you must be less at fault than the defendant and cannot be more than 50% responsible. You cannot recover compensation if you are more than 50% at fault. If you can receive compensation under this rule, your payout will be reduced according to your percentage of fault.

Illinois’s modified comparative negligence law makes it even more important to have a top Illinois injury attorney representing you. It can be assumed that the insurance company for the at-fault party will try to blame you at least partially for the accident. Your SJ Injury attorney will ensure that the blame for the incident goes where it belongs.

You Gain Objectivity

Being severely injured in an accident can throw anyone off balance for weeks or months. This can be one of the most traumatizing events of anyone’s life, so it helps to have a personal injury attorney who is objective and on your side. Your attorney can deal with other attorneys, insurance adjusters, law enforcement, and other stakeholders, so you can recover the money you deserve.

Proving Liability Is Difficult

Because of the state’s comparative negligence rule, more than one party could be at fault for the accident. With both sides often fighting over who was more to blame, proving liability can be harder than you think. In a situation with contested liability, it is best to have an injury attorney who knows the finer details of Illinois personal injury laws.

Understands The Lawsuit Process

Successfully navigating the Illinois personal injury lawsuit process can be confusing even for an experienced person. But when you combine not knowing the law with being injured, you could make mistakes in the legal process that damage your claim. All it takes is one missed legal deadline to throw your case into doubt. Your attorney knows the system and will ensure everything with your case is in order. Also, your attorney probably knows the area’s courts, which can help to expedite the claim process.

We Only Get Paid If You Do

If you want to motivate someone to work hard, ensure they only get paid if they get the desired result. Most personal injury attorneys are paid by contingency agreement, meaning they are paid a percentage of what you get in a settlement or judgment. If you do not get paid, neither do your attorneys.

Because of this financial arrangement, you can assume that your attorney will work tirelessly to get you the largest financial settlement or award possible. After all, the attorney’s law firm gets paid more if you get more. However, ensure you understand your attorney’s fee structure before signing up with them.

Getting The Best Medical Care

When you are hurt because of someone’s negligence, it is critical to seek prompt medical attention. With severe injuries after an accident, you could need to see a variety of medical specialists. Your injury attorney has an extensive network of medical professionals and can help you get the doctor you need. You will get an accurate diagnosis and receive the best treatment to ensure the quickest recovery.

Trial Experience

Many personal injury cases end with a settlement because both sides want to avoid the expense and uncertainty of a trial. However, some insurance companies may want to pay less than you request. In that case, the case will go to trial and your attorney’s trial experience could be critical. You always have the best chance in a personal injury lawsuit if a trial lawyer is representing you.

Victims With Attorneys Get Bigger Settlements

Injured parties are not usually capable of getting the best case outcome because they do not know the value of their case. Nor are they trained negotiators. But injured parties who retain legal help for their case usually get bigger settlements. One study by the Insurance Research Council says that personal injury settlements are 40% larger when the claimant has an attorney.

Should You Ever Handle Your Own Case?

Sometimes. There are occasions where you may not need an injury attorney. For example, if you are in a low-speed fender bender with no injuries or minor injuries, there may not be enough money at stake to hire an attorney. In this case, filing an insurance claim with your insurer or the other party may be all needed to resolve the matter.

You can also handle the case yourself if you are an experienced negotiator. You will need to negotiate effectively with an insurance adjuster who will try to pay you as little as possible. But most people who are not trained negotiators will wind up with less money than they could have if they hired a lawyer. Remember that most personal injury lawyers offer a complimentary consultation, so you can have the case reviewed to determine if legal representation is necessary.

Contact Our SJ Law Injury Attorneys For Legal Assistance

After an accident caused by another party, you will probably be confused, stressed, and uncertain about what to do. It is easy to make a mistake in the days after the accident without legal representation. That is when you should retain an Illinois personal injury attorney. Our SJ Law Injury attorneys will work tirelessly to get you the compensation you need to recover, so please call (847) 434-3555.