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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 experiencedSchaumburg personal injury attorneyfor additional information and a consultation about your case.

What Is A Permanent Brain Injury?

A permanent brain injury, sometimes called atraumatic 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 attorneystypically 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 candiagnose 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 theGlasgow 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 attorneywill 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 carerefers 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 Lawat (847) 434-3555 to learn if your case could result in compensation.

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How To Document A Slip & Fall Accident Properly

Man in a neck brace filling out a slip and fall accident report form, emphasizing the importance of documentation for legal claims.

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 experiencedHoffman Estates slip & fall accident lawyerat 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

Man in a neck brace filling out a slip and fall accident report form, emphasizing the importance of documentation for legal claims.

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 lawsuitwithin 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 lawyerat SJ Injury Law could help you receive compensation for medical bills, pain and suffering, and more.

Call us today at (847) 434-3555for 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?

Older couple, woman supporting man with back pain, illustrating emotional and physical challenges of back injuries related to accidents in Illinois.

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 ourback injury lawyer in Schaumburgat 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 that1/3 of accident victimswith spinal cord or cervical spine injuries have moderate or severe head injuries.

Older couple, woman supporting man with back pain, illustrating emotional and physical challenges of back injuries related to accidents in Illinois.

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 lawsuitsare 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 haveannual 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 ourback injury lawyer in Schaumburgat 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 site with a yellow hard hat on a stone slab, heavy machinery in the background, emphasizing safety in the context of construction accidents and legal representation for injuries.

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 atSJ 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

Person with a hand injury consulting with an attorney in an office setting, discussing legal representation for a personal injury case.

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.

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How Is Wrongful Death Proven In Illinois?

Doctor holding stethoscope pointing to "Wrongful Death" text, emphasizing legal aspects of wrongful death claims in Illinois.

Illinois, like all states, has laws for wrongful death accident claims. This article discusses critical aspects of the Illinois wrongful death laws, including how wrongful death is proven. For questions about a wrongful death case, ourwrongful death lawyer in Schaumburgat SJ Injury Law can help. 

Illinois Wrongful Death Definition

Under state law, wrongful death happens when someone dies because of another person’s ‘wrongful act, neglect, or default.’ A wrongful death lawsuit could be filed where the person who died could have brought a personal injury lawsuit if they had lived. Thus, you can think about a wrongful death claim as a variation of a personal injury lawsuit. The injured party cannot pursue their claim in court, so a family member has to step in and file the claim on their behalf.

Some states let the deceased’s family members file the claim. In Illinois, the claim must be filed by the estate’s personal or special representative. If the person who passed away died without a personal representative in their will, the court can name one. The personal representative must pursue the wrongful death lawsuit and handle other critical tasks related to the deceased’s estate.

What Must Be Proven In A Wrongful Death Claim?

Most wrongful death claims in Illinois are resolved outside of court. However, if you cannot reach a fair settlement with the defendant and the case goes to court, four elements must be proven:

Duty

First, you must prove that the defendant owed a duty of care to the deceased. A duty is typically owed to all foreseeable individuals who could be injured by the defendant’s failure to act as a reasonable person would in the same situation. Also, if the defendant’s conduct led to a zone of danger, they are liable for injuries in that zone. For instance, a driver owes a duty of care to other drivers to not violate traffic laws and drink and drive. If the driver got drunk and killed someone, they violated their duty of care.

Breach

After showing the defendant owed a duty to the person who died, you must establish that the defendant breached their duty. It is not always simple to prove how the breach occurred, butres ipsa loquiturallows the plaintiff to prove that the defendant breached their duty if you can prove the following:

  • The incident that caused the death is of the sort that does not happen unless there is a negligent act.
  • The incident that caused the death was because of something within the defendant’s control or dominion.
  • The defendant did not cause their own fatal injuries.

Causation

After showing duty and breach, you must show the link between the defendant’s actions or inactions and the death. First, you must show actual causation, which means the death would not have happened except for the wrongful act. Second, you have to show proximate causation. This means that the death was in the realm of possible harms that could have occurred because of the person’s negligent conduct.

Damages

Finally, you must prove that the defendant’s negligence led to damages for you in addition to the person’s death. Justice in a wrongful death lawsuit is represented by financial awards, offering evidence for your damages is vital. Damages that you could receive include:  

  • Economic: These include money for medical expenses, funeral bills, lost earnings, and lost future earning potential.
  • Non-economic: These are awarded for pain and suffering, emotional distress and trauma, and loss of companionship and consortium.  These damages may be hard to quantify, but the more evidence you show of how the death affected survivors, the higher value the case has.

What Damages Can Be Received In A Wrongful Death Claim?

If the wrongful death claim is successful, the court will provide damages to the survivors or estate. In Illinois, financial damages are provided to the surviving spouse and family according to their dependency level on the deceased person.

Damages in an Illinois wrongful death lawsuit are supposed to compensate the person’s family for the financial losses related to the death and non-economic damages. Some of the damages you could receive in the case are:

  • Loss of financial support that the person would have provided, including lost benefits and wages.
  • The person would have lost companionship, society, and intimate relationship with their spouse or domestic partner.
  • The deceased party would have given surviving children a loss of moral training, education, and instruction.
  • The family’s sorrow, grief, and mental suffering.

Statute Of Limitations For A Wrongful Death Lawsuit

A wrongful death lawsuit must be filed within a specific time. The statute for most wrongful death lawsuits in Illinois is two years from the date of death. However, if the person passed because of ‘violent intentional conduct,’ the claim must be filed within five years. Also, a wrongful death lawsuit may be filed one year after the criminal case (if any) is resolved if the person who caused the death was charged with one of these crimes:

  • Drug-induced homicide
  • Involuntary manslaughter
  • Reckless homicide
  • First or second-degree murder
  • Voluntary manslaughter of an unborn child

What If You Do Not Know Who To Sue?

Sometimes it is unclear who the correct defendant is in a wrongful death claim. This can happen when filing suit against a business; many corporate franchises and companies could use various names in public that are different from their corporate names.

If you sue the incorrect entity or person, and the statute of limitations lapses, you cannot amend the complaint to add the proper entity, even if you sued the incorrect entity incorrectly. To avoid this problem, speak to a wrongful death attorney as soon as possible. They can go over any relevant documents and investigate to find every defendant who could be liable for the person’s death. Suing the correct person or entity is critical to the success of your claim. 

How Do You Know If You Have A Wrongful Death Claim?

Before working with an attorney, you need to know if you have a possible wrongful death claim. To decide if you have a potential case, consider two questions:

  • Did your loved one die because of another individual’s negligent or intentional act?
  • Did you suffer emotional or financial damages resulting from the death?

If you can answer ‘yes’ to these questions, you could have a claim, and you should call a wrongful death attorney today. Your attorney will inform you of the types of evidence you will need to prove your claim. They also will tell you the potential damages you could receive in a settlement or verdict award. Before you contact an attorney, it can help to collect evidence, such as pictures, witness statements, and police reports. That way, the attorney will have a better idea of what happened.

How To Prove A Wrongful Death Claim

The success of your Illinois wrongful death claim depends on convincing evidence. Depending on the details of the accident and subsequent injuries, the following evidence could be critical to proving the claim:

Safety Records

Did your loved one pass away in a workplace accident? Your attorney can review the firm’s safety and training records. A review of these records could show that the company did not adhere to proper training and safety methods, contributing to the accident. This would establish negligence by proving that the company did not fully train employees. It also shows the employer owed your loved one a duty of care.

Video Footage

If available, videos and photos could be used to show the accident and how it happened. For example, a red-light video could show how the defendant ran a red light and hit your loved one in a crosswalk. Your attorney can usually obtain video footage as evidence, whether from a red-light camera or surveillance video from a nearby business.

Police Report

You can work with your attorney to obtain law enforcement’s report about the accident. The report should contain important accident details, including how it happened and, potentially, who was at fault. The report could also contain contact information for witnesses. This evidence could show your attorney how the accident occurred and what led to the person’s death.

Eyewitness Testimony

Witnesses also can prove a wrongful death occurred by describing what they saw and heard when the person passed away. They also may testify about how your loved one passed away, such as the severity of injuries they suffered.

Medical Records

Your attorney must show that the deceased’s injuries are related to the defendant’s negligence. This can be done with their medical records, which indicate the nature and extent of the deceased’s injuries.

Autopsy Report

This report could show in a medical malpractice case if a medical error caused the person’s death. The autopsy report could have critical information, such as body photos, a detailed examination of the body, factors that caused the death, and tissue sample descriptions.

Contact Our Wrongful Death Lawyer In Schaumburg

The loss may seem overwhelming if you lost a loved one recently because of someone’s negligence. You may be able to file a wrongful death lawsuit to obtain damages. Contact our wrongful death lawyer in Schaumburgat SJ Injury Law for help at (847) 434-3555.

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What To Do If You’re In A Multi-Car Accident

Multi-car accident scene on highway with numerous damaged vehicles, emergency responders, and bystanders, illustrating the chaos and severity of multi-car collisions related to personal injury law.

Any car accident with injuries is upsetting and stressful, but a multi-car accident can be even more challenging. Many cars could be involved, severe injuries, multiple insurance policies, and a long list of attorneys and investigators. Anyone in a multi-car accident should not attempt to negotiate a settlement themselves. Instead, if you have been injured in a multi-car accident in the Chicago area, ourRolling Meadows car accident attorneycan represent you.  

What Are The Most Common Multi-Car Accidents?

Multi-car accidents occur in many ways. The following are the most common scenarios where these accidents happen:

Head-On

When a car going in the opposite direction slams into your vehicle, that is a head-on collision. Sometimes the negligent driver will slam into another car head-on, bounce off, and then hit more vehicles. Head-on crashes are less common than others but are one of the deadliest.

Rear-End

Arear-end crashhappens when a driver hits another from behind, usually in stopped traffic or at a red light. The rear-end crash can cause a chain reaction of several vehicles hitting each other.

In a rear-end, multi-vehicle crash, the fault usually lies with the first driver who hit another driver from behind. However, there are occasions where the driver in front is at fault, such as if they slam on their brakes suddenly for no reason or were following too closely.

Pile-Up

A pile-up crash involves three or more vehicles, frequently crashing together or lying on top of one another. Multi-vehicle pileups may happen in bad weather, such as fog. Drivers on the highway in the fog may not see each other when traffic slows, causing many cars to hit and pinball off of each other.

Establishing fault in a pile-up collision is complicated, and your case will be aided by retaining a personal injury attorney quickly. Your attorney may rely on eyewitness accounts, dash cameras, security camera footage, and other evidence to establish fault.

Side Impact

Side-impact crashes occur when a car hits the side of one or more other cars. These multi-vehicle crashes often happen because of failure to yield at a red light or stop sign.

What Must Be Proven To Receive Compensation In A Multi-Car Accident Claim?

While anyone hurt in a multi-vehicle accident in Rolling Meadows deserves money for their losses, only those who prove another party was responsible are eligible for compensation. To prevail in multi-vehicle accident litigation, you must prove the following elements:

There Was A Duty Of Care

First, as the plaintiff, you must prove that the other party owed you a duty of care. For instance, in a multi-car accident at an intersection, the duty of care could be that another driver owed you a duty of care not to run the red light.

The Duty Was Breached

Second, you must prove that the defendant breached their duty of care. In the example above, the breach would be the driver who ran the red light and hit your and other vehicles. The breach could be proven in many ways, such as red-light camera video, tire marks on the road, and eyewitness testimony.

In most accidents, breaching the duty of care constitutes negligence, the failure to exercise the same duty of care that another person typically would in the same situation. In the red-light example, another prudent driver in the same situation would likely have stopped at the red light, as the law requires.

Causation

Next, you must prove that the defendant’s negligence was the cause of your injuries. So, if the defendant ran the red light, hit your driver’s side door, and broke your arm, you must show that that negligent action caused the injury.

Damages

Last, you must show that the driver’s negligence caused damages. If you broke your arm, have $10,000 in medical expenses and $5,000 in lost wages, those are two elements of damages that you can be reimbursed for in a claim or lawsuit.  In addition, you are entitled to pain and suffering, disfigurement and lost wages.  

What To Do After A Multi-Vehicle Accident

After any car accident with injuries, there are essential steps to follow. In a multi-vehicle accident, you should do the following:

  • Check the injuries of everyone and call 911 if necessary.
  • Call law enforcement and request they come to the scene and complete a report.
  • Take photos and video of the crash scene and involved vehicles before they are moved by law enforcement. Your attorney will collect evidence later, but gathering this information after the accident could help with your case.
  • Move to an area safe from traffic so there is not another accident.
  • Get prompt medical attention to ensure your health and to provide strong evidence that your injuries are related to the accident. 
  • Call your auto insurance company and report the multi-vehicle accident.
  • Speak to a car accident attorney to determine who may be at fault.

What Causes Most Multi-Car Accidents?

There are many reasons that multi-vehicle accidents happen. Your attorney and their crash investigators may look for one or more of the following as a cause of the accident:

Bad Weather

Approximately six million car accidents happen in the US annually, and 20% are because of bad weather. Even if bad weather, such as rain, fog, or snow, causes an accident, one or more drivers could still be liable. For example, a driver who speeds on a snowy road in Chicago and hits another vehicle could be found at fault.

Alcohol Consumption

Drinking alcohol causes many car accidents, with about 30% of traffic-related deaths between 2004 and 2018 attributed to drunk driving. Consuming alcohol affects reflexes and decision-making, so you should always refrain from driving. Anyone drunk in a multi-car accident can face both criminal and civil consequences.

Time Of Day

The most dangerous time to drive is in the evening, with about 50% of deadly crashes happening in the dark. There are often more cars on the roads in the evening after work, and reduced visibility also could be a factor.

Reckless Driving

People who drive recklessly make hazardous decisions when they are driving that affect others’ safety. For example, a driver who wants to pass on a two-lane road may do so on a curve in limited visibility, which may cause a severe multi-vehicle crash.

Not every form of reckless driving is because someone is impatient or aggressive. Did you know that distracted driving is also reckless driving? Over 3,100 people died in car accidents in 2020 because of reckless driving.

Comparative Negligence In Illinois

Illinois has acomparative negligence lawfor determining fault after auto accidents. This means you can recover damages in a car accident only if you are less than 50% liable for damages or injuries. 

In a multi-vehicle accident, more than one driver could be at fault, so many investigators and insurance companies could be involved in determining who is responsible for how much of the accident. During insurance negotiations, the insurance company for the at-fault driver will make a settlement offer based on what they think their insured’s negligence is.

How Fault Is Determined In A Multi-Vehicle Accident

Determining fault when more than two vehicles are involved requires thoroughly examining all crash evidence. If more than one person is blamed for what happened, their insurance providers will typically be financially responsible for the injured party’s losses.

Police responding to the accident scene often initiate the process of determining fault. The police could interview eyewitnesses, drivers, and passengers. They also may check dash cam videos and phone footage anyone involved shares. Some Chicago-area intersections have camera footage that helps determine fault.

As evidence is collected, law enforcement uses the information to see how the accident unfolded until they may decide how the accident happened. Insurance companies for the involved drivers will also review the crash evidence to determine liability. 

The multi-vehicle crash case is assigned to insurance adjusters who study the evidence to decide liability. If it is determined that a driver is liable, their insurance will usually pay for them based on the policy terms and other factors. If an at-fault driver does not have insurance, they may have to cover the losses out of pocket.

Why Is Assigning Blame For A Multi-Car Accident Important?

Determining who is to blame for the multi-vehicle crash matters because Illinois has a comparative negligence system for its car accident laws. In most situations, the at-fault driver’s auto insurance is financially liable for your damages and injuries. In some two-car accidents, determining fault may be easier than when many more vehicles were involved.

For example, understanding who was initially at fault can become a highly complex puzzle in a classic multi-car pileup on an interstate in the fog. Only insurance companies, personal injury attorneys, law enforcement, and other stakeholders can make the complex determinations required to assign blame in these complex accidents. 

Ensure that an experienced personal injury attorney represents you after you are involved in a multi-vehicle accident. That is the best way to ensure that your rights are protected and that you receive the compensation you deserve.

Contact Our Rolling Meadows Car Accident Attorneys

After a multi-car accident, you will probably be confused, stressed, and uncertain about who to blame. That is when you should retain a personal injury attorney. At SJ Injury Law, ourRolling Meadows car accident attorneysmay help you receive compensation for your injuries, so call (847) 434-3555.

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How To Recognize And Avoid Aggressive Dogs

Beware of dog sign partially obscured by green ferns, emphasizing dog bite risks relevant to personal injury law in Illinois.

People in the Streamwood area love their dogs, but unfortunately, some dogs are aggressive and bite humans. This is a common issue in the US, with approximately 4.7 million people bitten by dogs annually. If a dog has injured you, you could have legal options, so speak to our dog bite lawyers in Streamwood today for a consultation.

Dog Bite Laws In Illinois

In Illinois, dog owners are held strictly liable for injuries their dogs cause others. This means that you do not need to prove negligence by the dog owner to recover damages in a dog bite claim. This rule usually only applies when the injured person was not trespassing or provoking the animal.

On the other hand, suing someone successful in a car accident in Illinois requires you to prove another party was negligent. Illinois law also states that the dog owner is liable for damages caused when their dog chases, injures, or kills someone’s farm animals.

If someone’s dog in Illinois injures you, you have only two years from the date of injury to file a claim. The amount of time is different if the victim is under the age of 18 when they are bitten. Either way, acting quickly after the incident is essential to ensure your legal rights are protected.

Why Do Dogs Bite?

Most dogs do not bite because they are mean. Instead, many dogs bite out of fear, not aggression. Dogs feeling unsure, threatened, or challenged could bite in self-defense. Also, dogs that have not been spayed or neutered could be aggressive related to the sex drive.

Avoiding Aggressive Dogs

While you can often file a lawsuit if you are bitten by a dog in Illinois, it is best to avoid the situation. But how do you know that a dog may be aggressive and bite?

According to the ASPCA, ‘aggression’ in animals refers to many behaviors that happen for many reasons in many circumstances. Most wild animals are aggressive when they guard their territory or offspring. Animals that live in groups, such as dogs, may be aggressive to maintain peace and deal with situations they see as threatening.

When we say that a dog is aggressive, this can mean many things that often start with a warning and can turn into an attack. If a dog intends to act aggressively, there are usually several signs, including:

  • Standing rigid and still
  • Making a deep, threatening bark
  • Lunging at someone without making contact
  • Mouthing your hand but without applying pressure
  • Punching the person with their nose
  • Showing teeth
  • Growling
  • Blocking your path
  • Demanding attention
  • Avoiding eye contact
  • Guarding resources
  • Mouthing other dogs or people’s legs
  • Snapping
  • Making quick bites
  • Snarling
  • Biting with enough pressure to cause a bruise or wound

Dogs do not always go in the above sequence and could show several behaviors at once. In many cases, the dog owner does not recognize a warning sign before an attack happens, so they may view their dog as becoming suddenly aggressive. However, most dogs show signs just before they attack, so it is essential for both dog owners and the public to recognize the signs.

Types Of Dog Aggression

There are many kinds of dog aggression. The type of aggression depends on the motivation for the behavior, the context, and the target of the aggression. Some of the most common types of dog aggression are:

  • Territorial: Aggression that the dog directs towards a person or animal in their territory, which is often the owner’s property or home.
  • Possessive: Also called resource guarding, this is when the animal thinks an animal or dog will take away their toy or food.
  • Protective or maternal: Aggression toward an animal or person, often by a female protecting its offspring.
  • Pain-related: Aggression toward an animal or person is because of pain or discomfort.
  • Predatory: Aggression that may be directed toward a person or animal. It is usually because of a desire to kill, capture, or hunt. This aggression may be silent, and the bite could be severe.
  • Sexual: Aggression toward another dog related to mating behavior.
  • Fear: Aggression due to a dog that is afraid, which can happen if the dog feels trapped or cornered.

How To Not Approach A Dog You Do Not Know

When you see a dog you do not know, some actions and behaviors could make them more likely to act aggressively. Make sure you do not do the following:

  • Running towards a dog you do not know.
  • Getting on eye level with the dog and smiling. A dog that does not know you could think you are baring your teeth.
  • Sneaking up on a dog or startling him when he is asleep.
  • Ignoring a warning sign that the dog may act aggressively. If you see a dog bear its teeth or lunge at you, it is best to get away.
  • Touching a dog inappropriately. Dogs usually do not want their tails, ears, or feet pulled. Also, some do not want to be put on their backs; this is a submissive behavior, and the dog could lash out.

What To Do If A Dog Acts Aggressively

If you are in public and a dog acts aggressively towards you, do not panic. Instead, try the following tips:

  • Stay calm and still, and do not run. Most dogs can outrun people, so if you are alone, just back away slowly without turning your back.
  • Do not look the dog in the eye; this is a challenge and can make a dog act aggressively.
  • Do not smile because the dog could see this as baring your teeth.
  • Use a soft, soothing voice, and do not speak loudly.
  • If the dog bites, do not pull back. This will make the dog bite harder. Instead, stay calm and try to put something between you and the animal, such as a jacket, backpack, or purse.

If you are bitten, wash the wound with soap and water. When the bite is serious, such as deep or bleeding, call 911. After you are treated at the hospital, follow up with your regular doctor. Next, confirm if the dog has had its rabies vaccine and report the incident to the police. Then call SJ Injury Law at (847) 434-3555.

You also should talk to a personal injury attorney regarding your medical bills, lost earnings, and pain and suffering from the incident. The state of Illinois allows dog bite victims to sue the dog owner in some circumstances for their losses.

Are Some Dog Breeds More Aggressive?

Some dog breeds are believed to be more aggressive than others, if we rely on biting and aggression statistics. There are many reasons this can be the case. First, many dog breeds originally served certain functions for people. For example, some breeds were bred for their protective and guarding instincts. Others may have been raised to fight or guard property. While many dogs in these breeds are not used for such purposes today, they still have the DNA of their ancestors. So, some breeds can be more aggressive than others.

However, making assumptions about a dog based only on the breed is unwise. Different dogs have varying levels of temperament and may have different ways of interacting with other animals and people. Learning about dog breeds before you commit and buy or adopt a dog is essential, but the dog breed is not the only factor that makes a dog aggressive.

How To Treat Dog Aggression

If you have an aggressive dog, it is wise to work with a professional dog trainer to modify its behavior. Behavior modification will help the dog understand how to deal better with a stressful event, such as barking or lunging when it sees another dog. In this case, you could teach your dog to act differently by praising him when he sits calmly until the other dog is out of sight.

While behavior modification training can help to reduce aggression in dogs, it may not work entirely. For instance, a dog that is aggressive around children may not ever be able to be trusted unsupervised. In this case, the solution is to be sure the animal is never in contact with children alone.

Whatever the aggressive behavior is, getting help from a dog trainer sooner than later is best. It helps to address the aggression issue quickly so another person or dog is not hurt. Some ways to avoid aggression in your dog are:

  • Socialize your dog as early as possible. Dogs learn from other animals how to behave well. Training your dog with other dogs early on will help him learn how to act in acceptable ways.
  • Provide your dog will discipline and love. Loving your dog is not just about giving them bones and scratches. You also should train the dog, offer guidance, and correct them for undesirable behaviors. Talk to a professional dog trainer if you need help training your dog.

Contact Our Dog Bite Lawyers In Streamwood

If you or a loved one were bitten by a dog in the Chicago area, you do not have to put up with it and pay your own medical bills. You could be entitled to compensation. Contact our dog bite lawyers in Streamwood at SJ Injury Law. We can assist with your case, so call (847) 434-3555.

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What Are The Most Serious Back Injuries?

Man experiencing back pain, holding lower back, illustrating the impact of serious back injuries related to accidents and negligence.

We all know injuring your back can be a huge problem. Even a minor back injury can make working and living an everyday life difficult. But a severe back injury from an accident, such as a herniated disc or spinal cord injury, can have a negative impact for years or even the rest of your life. If you injured your back in an accident caused by someone’s negligence, call (847) 434-3555 NOW to talk to our back injury lawyer in Schaumburg at SJ Injury Law for legal advice.

The Difference Between Minor And Major Back Injuries

There are all kinds of back injuries, and most adults have had back pain here and there. In most cases, these injuries are relatively minor and heal with time. Common causes of minor back injuries are:

  • Twisting the spine too far while in motion
  • Minor falls
  • Tripping
  • Sprains or strains from physical activity
  • Lifting heavy objects
  • Yardwork
  • Improper workout form
  • Walking or standing too long

Most minor back injuries last a few days or weeks and usually heal with rest. Most low back pain is of this variety. However, major back injuries can cause months or years of disability and could be permanent. Serious back injuries are often caused by:

  • Auto accidents
  • Severe falls
  • Blows to the back or head
  • Penetrating wounds

If you have back pain or disability for 12 weeks or longer, this is categorized as a major back injury. While you might think the injury is minor, severe pain may continue even after treatment, which suggests a severe injury.

What Are The Signs Of A Major Back Injury?

The back is highly complex, and many things can be injured that cause varying degrees of pain. The back consists of many bones, muscles, ligaments, and tissues that can be damaged from an injury or overuse. While many injuries heal with time, you should get immediate medical assistance in these cases:

  • The pain begins after an accident, such as an auto accident or slip and fall.
  • The pain lingers or gets worse for more than four or six weeks.
  • Discomfort does not go away with time or gets worse.
  • Causes enough pain to wake you at night.
  • Swelling around the spine.
  • Severe pain that gets worse with movement.
  • Does not get better with rest and over-the-counter pain relievers.
  • Causes numbness in the groin or upper thighs.
  • Loss of bowel or bladder control.
  • Loss of strength in limbs.

If you are unsure how severe your back injury is, it is smart to be seen by a doctor. Also, if the injury was in a car accident, you should see a doctor immediately; car accidents have some of the worst back injuries and could be more severe than you think.

The Most Serious Back Injuries

If you have one of the serious back injuries listed below and someone’s negligence caused it, you should call SJ Injury Law NOW at (847) 434-3555 to talk to our Schaumburg back injury attorney. Back injury recovery is expensive, and you should not bear the cost alone:

Spine Fractures

Just like other bones in your body, bones can fracture when the spine is struck with a lot of force. Spine fractures are prevalent in car accidents, work accidents, and severe falls. In an auto accident, for example, you might fracture your spine when the upper body moves forward while the seatbelt holds the bottom half.

Herniated Discs

Between your vertebrae are soft, spongy discs that provide a cushion between the bones. If your spine experiences a high level of force, such as hitting a barrier in a car accident, the discs can slip or even rupture.

A herniated disc alone does not cause pain. However, it may press against spinal nerves, leading to often debilitating pain. Other possible symptoms of a herniated disc include numbness and weakness in the legs and feet or in the arms and hands.

Spinal Cord Injury

The spinal cord runs from the bottom of the skull to the lower back and provides a pathway for signals between the body and the brain. Car accidents can cause injury to the spinal cord, including bruises and tears. This is the most severe back injury and may cause nerve injury or paralysis. Because of the severity, any spinal cord injury needs treatment immediately. If you think you have a spinal cord injury after an accident, do not move and have someone call 911 right away then call SJ Injury Law at (847) 434-3555.

Spondylolisthesis

Spondylolisthesis means the vertebrae themselves slip out of position in an accident. Like a herniated disc, you can have this condition without pain. But slipped vertebrae may pressure spinal nerves, leading to severe pain, stiffness, and difficulty walking, bending over, or standing.

How Is A Major Back Injury Diagnosed?

Major back injuries, such as whiplash, are often easier to diagnose than minor ones. This is usually because the cause of a significant back injury is easier to see in diagnostic imaging tests. A doctor’s visit for a severe back injury usually includes a physical examination that checks your range of movement and degree of pain. If you have bowel or bladder control issues, tell your doctor during the exam.

The doctor may perform several tests to diagnose a severe back injury, including X-rays, CT scans, MRIs, and bone scans. If the injury was caused by a recent accident, tell your doctor; this information will be critical if you file a personal injury claim or lawsuit later.

What Damages Can You Receive In A Serious Back Injury Lawsuit?

Serious back injuries can be life-changing and expensive, so contact a skilled back injury attorney if someone else caused your injury. For instance, if you have a spinal cord injury from an accident causing paraplegia, you face more than $2 million in lifetime costs for treatment if you are 25, or more than $1.5 million if you are 50. Most people cannot afford that expense without funds from a personal injury lawsuit. If your attorney proves that another party’s negligence caused your back injury, you could receive:

Economic Damages

Economic damages for a severe back injury mean tangible and calculable losses related to the injury. The damages compensate you for your monetary losses and attempt to return you to your previous state before the accident. Some of the potential economic damages you may be entitled to are:

  • Current and future medical costs
  • Bills related to rehabilitation, prescription drugs, and other out-of-pocket medical costs
  • Lost earnings
  • Lost ability to earn a living

Non-Economic Damages

Non-economic damages attempt to pay you for the pain and suffering you endured because of the back injury. These damages are harder to calculate, and you need the assistance of a back injury attorney to get the most money from the insurance company for pain and suffering. Some of the economic damages you could receive include for:

  • Pain and suffering
  • Mental anguish
  • Loss of companionship
  • Loss of consortium
  • Mental trauma

Common Back Injury Lawsuit Questions

You may have questions about filing a claim or lawsuit if you have a severe back injury. Here are some common questions about this type of injury:

Do I Need An Attorney For A Serious Back Injury Claim?

Almost always. Back injuries can be more severe than you think, and few non-attorneys understand what a serious back injury claim is worth. Therefore, if you attempt to negotiate your settlement, there is a strong possibility you will receive far less than you could if an attorney negotiates for you. Call SJ Injury Law at (847) 434-3555 NOW!

What Is The Typical Back Injury Claim Worth?

All back injury claims are different because injuries are of varying severity, and everyone’s bodies are slightly different. However, research conducted by After Car Accidents found a wide range of back injury settlements. Many settlements for these injuries ranged between $20,000 and $75,000.

But more severe injuries, such as herniated discs and spinal cord injuries, could be between $100,000 and $500,000 or more. Also, the Bureau of Justice Statistics reports the average car accident settlement nationally, with a severe spine injury is $834,000, and the median is $285,000.

What Factors Affect My Severe Back Injury Settlement?

No lawyer can guarantee what your back injury case will settle for because of the many factors involved. For instance, a back injury settlement that did not require surgery will be worth less than one that needed several operations. Some factors that influence the size of the settlement are the severity of the injury; injections and/or surgeries required; length of the treatment plan; ability to work after the accident; whether you have a permanent disability, and if the other party is 100% liable.

How Can I Afford A Back Injury Attorney?

At SJ Injury Law in Shaumburg, our attorneys are compensated by contingency arrangements. If we accept your case, we will be paid a percentage of your settlement or award after a favorable verdict. Our attorneys are not compensated if your case does not result in compensation. Thus, we are interested in obtaining the best financial settlement or award for you.

Contact Our Back Injury Lawyer In Schaumburg Today

If you injured your back in an accident another person caused, you could have months of recovery ahead of you. You should not have to pay for it yourself; our personal injury attorneys can help. Please contact our back injury lawyers in Schaumburg at SJ Injury Law at (847) 434-3555.

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Who Is Liable For Train Accidents In Illinois?

Aerial view of a train derailment scene with wrecked train cars, debris scattered on the ground, and emergency response vehicles nearby, illustrating the severity and potential liability of train accidents in Illinois.

Train accidents can be among the most severe in the Hoffman Estates area. Some train accidents can injure dozens or hundreds of people; damages in a derailment could reach tens or hundreds of millions of dollars. If an accident at a railroad crossing involves a vehicle, the damages, and injuries can also be severe.

Many individuals or entities could be liable for train accidents, including those described in this article. If you were injured in a train accident recently, you could benefit from a legal consultation with our train accident attorneys in Hoffman Estates at SJ Injury Law.

What Are Common Causes Of Illinois Train Accidents?

Trains are often assumed to be the safest way to travel, but accidents occur every day nationwide. There are several kinds of train accidents that happen, and the damages depend on the size of the train and other factors:

  • Train derailments
  • Train-on-train crashes
  • Train-motor vehicle crashes
  • Train-bicycle crashes
  • Train-pedestrian crashes
  • Train-semi crashes

Many train accidents happen at railroad crossings. In 2021, there were a total of 893 railroad-related deaths, and 26% happened at railroad crossings.

Why Do Train Accidents Happen?

Train accidents happen for many reasons. The most common ones are:

Engineer Error

Human error is a major factor in many train accidents, whether it is an incident at a railroad crossing, derailment, or something else. Human error may be caused by lack of training, inexperience, reckless behavior, or a combination. For example, the engineer could be intoxicated and run the train too fast, leading to a derailment or hitting another train.

Railroad Track Problems

Railroads typically own the tracks and are required to keep them in good repair. But over the years, tracks wear out from use, leading to derailments and related problems.

No Warning Signals

There are still some railroad crossings in Illinois that lack warning signals. This is common in rural parts of the state where the local government lacks the funds to install warning signals. When a crossing lacks warning lights, drivers, pedestrians, and bicyclists may not know a train is coming before it is on top of them.

Warning Signal Malfunction

While many railroad crossings in Illinois have warning signals, they might not be adequately maintained, or a broken part could not work correctly. Whatever the reason, a defective warning signal is as bad as not having one at all.

No Warning Signal

Some railroad crossings in Illinois do not have warning signals, they might need one.

Obstructed View

Railroad companies and other entities are supposed to keep railroad crossings clear of brush, trees, and bushes that obstruct the line of sight. When trees and other vegetation are overgrown, it can make it impossible to see a train coming before it is too late.

Stalled Cars

Many train-car accidents happen because the vehicle stalls on the track because of mechanical problems or running out of gas.

Distractions

Other train crashes happen because the engineer or car driver is distracted by a cell phone or something else. Just a moment’s inattention can cause a disastrous train accident.

Broken Equipment

Train accidents also happen because of defective components, such as brake failure.

How To Prevent Railroad Crossing Accidents

While the public cannot do anything to prevent train derailments and related accidents, there are steps we can take to avoid railroad crossing accidents. They include:

  • Always assume at a railroad crossing that a train can come anytime.
  • Look both ways before going across a railroad crossing.
  • Remember that trains take thousands of feet to stop, so never try to beat the train across the tracks.
  • Do not stop your car on the top of a railroad track and if the vehicle stalls, exit it immediately and get to a safe location.
  • Always watch for train signals and warnings when you approach a crossing.
  • Never try to get on a train that is moving.

Who May Be Liable For A Train Accident In Illinois

Several parties could be liable for the incident depending on the nature of the train accident. These include the railroad, train operator, train manufacturer or part manufacturer, train or track maintenance workers, or a government organization that owns the railroad.

Determining who is liable for the train accident is challenging and requires an in-depth investigation by a train accident attorney. Once liability is established, you may be eligible for some or all of these damages in a personal injury lawsuit:

  • Past and future medical costs
  • Emotional trauma
  • Pain and suffering
  • Lost earnings
  • Property damage

A common reason that people file train claims is when they are a passenger on a commuter train. Suppose you are getting on the train, then slip, fall, and injure your back. In this situation, you must show that the train led to your fall, whether it was a loose handrail, faulty tracks, or something else.

Or, if you are injured at a railroad crossing, you may be able to file a claim against the railroad owner. In the United States, railroad companies usually own the railroad lines. So, crossing warning signals and related equipment must be correctly maintained by the railroad that owns the line. If thy malfunction and an injury result, you may be able to file a lawsuit. However, if you are hurt by a passing train because you did not exercise enough caution, the railroad owner may try to deny liability.

It is essential for your attorney to identify all potentially liable parties for the train accident or train-related injury. This will increase the chances of receiving as much compensation as possible for your injuries. If there was more than one negligent party, you may be able to obtain more compensation if the claim or lawsuit succeeds.

What If You Work For The Railroad?

US Congress passed the Federal Employer’s Liability Act (FELA) in 1908. The law was passed because of the many railroad employees who were killed on the job in the early 20th century. Because of this law, railroad workers can sue their company for their injuries and damages. For railroad workers to obtain compensation, they must show they were hurt because their employer or another employee was negligent or equipment malfunctioned.

Amtrak Accidents

It is not unusual for train accidents to involve wrongful death claims with massive medical bills, lost earnings to family, funeral and burial costs, property damage, etc. Some severe train accidents involve Amtrak, which, like other railroads, is liable for claims like most government organizations.

However, Amtrak’s liability has been capped by Congress at approximately $295 million as of 2017. While this sounds like a high cap, the cap could be reached in severe accidents, such as in a commuter train derailment. That is why it is important to retain a train accident attorney immediately when the incident occurs, so you can get the compensation you deserve.

What Should You Do If You Are Hurt In A Train Accident?

If you are injured in a train accident, you should try to document the accident, if possible. For example, suppose your car is hit at a railroad crossing in Hoffman Estates. In that case, you can take photos of the crash scene, including the position of your vehicle, damages, any vegetation obstructing the track, and more. If you are injured and cannot collect evidence, your personal injury attorney will obtain evidence from the scene and any eyewitnesses.

As with any personal injury, you should get prompt medical attention. Seeing a doctor immediately is crucial in getting compensation in a claim. The sooner the injuries are documented, the better the case will be. Also, follow your doctor’s medical instructions and attend all follow-up appointments. Not following their instructions can reduce your money.

Class Action vs. Multidistrict Litigation

When multiple parties are hurt in a train accident, the case could be a class action or multidistrict litigation case. A class action lawsuit involves many people joining in one lawsuit, and one plaintiff represents all plaintiffs in the courtroom. While people can opt out of a class action and take legal action separately, those who do not opt-out may be bound to the outcome of the class action.

On the other hand, a multidistrict litigation case usually features several plaintiffs that were hurt in the same incident but live in different parts of the state or country. This is a common situation in train accidents, where commuter train passengers could be from all over. A multidistrict case is different from a class action because every plaintiff is a separate suit, but the claims are consolidated so that a single judge hears every pre-trial motion.

Class action or multidistrict litigation can be advantageous after a serious train accident because plaintiffs can join to share their resources, including subpoenas and discovery. This also allows courts to increase efficiency with limited resources, allowing a single judge to listen to the train accident evidence and make rulings more quickly.

Contact Our Train Accident Attorney In Hoffman Estates

If you were injured in a train accident in the Hoffman Estates area, it is essential to retain legal representation quickly. These cases are often complicated, and there could be multiple liable parties. Contact our train accident attorneys in Hoffman Estates at SJ Injury Law at (847) 434-3555.