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How To Avoid Slip And Fall Accidents In Winter Weather

slip and fall

Some Illinoisans, interestingly, look forward to a cold and snowy winter when the weather cools. However, slip-and-fall accidents can turn your winter wonderland into a painful nightmare.

The Centers for Disease Control and Prevent states that millions of adults slip and fall in the US annually. Approximately 3,000,000 older adults are also treated in ERs each year for slip and fall injuries. The injury rate climbs dramatically as the weather becomes colder.

Following the tips below can avoid many slip-and-fall accidents this and future winters. But if you slip and fall and another party is responsible, talking to the Schaumburg slip-and-fall lawyers at Claim Your Justice is a smart choice.

Watch For Black Ice

Black ice has its name for a good reason: It is difficult to see before you are on top of it and fall. Black ice is one of the most hazardous conditions drivers and pedestrians deal with each winter. It can cause drivers to suddenly lose control of their cars and is a significant risk to pedestrians to slip and fall.

If you walk in the winter, avoid falling on black ice by only using sidewalks that are cleared of snow and ice. Walk another way if the path has not been treated with sand or salt.

Take Smaller Steps

Falls are common when taking regular, large steps when there’s ice. When pathways are slick, walk slower and use smaller steps. Keeping your feet in constant contact with the ground can prevent falls. If there’s ice, shuffle your feet instead of picking up. If grass and snow are next to the sidewalk, walk on that.

Use A Handrail If Available

If you are walking outside in slick weather on a sidewalk or steps, use the handrail if available. Many of us still slip and fall on slippery steps, even when holding the handrail. Stairway falls can be severe and nasty and cause serious injuries, so walk carefully and slowly.

Choose Shoes With Excellent Traction

Many possible slip-and-fall incidents are avoidable if you have shoes with good grip. OSHA states any time you need to work outside in the winter, you should have shoes with excellent traction.

OSHA adds that pedestrians and workers should have boots resistant to water. Or, choose rubber overshoes with rubber on the bottoms. Just like the tires on your vehicle need good grip, the same is true with your shoes.

Last, if there is a lot of snow and ice, consider just staying home, if possible. Many trips outdoors when the weather is bad can be delayed. If you cannot avoid going out in winter weather, slow down. You can prevent many slip-and-fall accidents by taking your time.

Common Slip And Fall Injuries

These are the most common types of slip and fall injuries. If you have one of these injuries and you think someone else caused the unnatural slick condition, talk to a Schaumburg slip and fall attorney immediately:

Sprains Strains

A sprain happens when a ligament is stretched or torn in a slip-and-fall accident. For instance, you may twist your ankle when falling on black ice. Or, you could sprain your wrist when catching yourself as you hit the ground.

A strain is when a band of tissue or muscle is pulled during an accident. Strains and sprains can be mild or severe. Many heal on their own, but severe injuries require medical care.

Concussions

If your head hits the ground in the fall, there could be a severe injury. A concussion is a brain injury from a bump or blow to the head. The brain can strike the front and back of the skull, leading to extra damage. Even possibly a Traumatic Brain Injury (TBI).

Even a mild concussion is a severe injury, so go to the Emergency Room if you have:

  • Pressure in the head or headache
  • Vomiting or nausea
  • Dizziness and balance issues
  • Blurry or double vision
  • Feeling stunned or dazed
  • Coordination problems
  • Cannot recall events just before and after

Fractures

Fractures are complete or partial breaks of bones. For example, it is common to fracture the wrist or shoulder when catching yourself as you go to the ground in a slip and fall. Others may break an ankle or leg bone when they fall. Fractures can be from mild to severe.

You may have a bone fracture if you experience these symptoms:

  • Pain around the injured bone
  • Extensive swelling
  • Bruising
  • Inability to move the injured part or limb
  • Inability to move the injured part or limb
  • Inability to put weight on the injured part

How To Prevent Slip And Falls On Your Property

If you are a homeowner or business owner and want to avoid slip-and-fall accident liability, remember these safety tips:

Plan Ahead For Winter

Living in Illinois and other parts of the Midwest means knowing snow will be part of life in the winter. If you use snow removal services, be sure you have an agreement detailing when the workers should come, how much snow triggers service, and areas that will be treated. Also, make sure the snow removal service has insurance that will cover you for a personal injury claim made because of their services. Preventing slip and fall lawsuits means focusing on sidewalks and parking areas with heavy foot traffic.

Check the sidewalks and parking lots near your home or business. See areas where water tends to pool. Rerouting gutters so that they do not dump water onto sidewalks can prevent injuries. Also, repair low areas of the pavement and sidewalks, so water doesn’t collect in the winter.

Remember Indoor Areas

When ice and snow accumulate outside, guests, workers, or visitors will track moisture inside. Therefore, every entrance should be kept as dry as possible to avoid slip-and-fall incidents. Use a mop to clear wet areas and post Wet Floor signs to protect yourself from liability.

What To Do If You Slip And Fall

If you fall on ice, let your hands and arms catch you. It is critical to try and cover your head if you fall on your back. So, tuck your head in and release any objects in your hands. Protecting your head is vital to avoid a potentially severe injury.

After you hit the ground, check for injuries. If you are hurt and cannot get up, shout for help or call 911. Do not try to get up if you feel pain anywhere.

If you are okay enough to stand, get up from the ground slowly. Attempt to roll onto one side and pull yourself up slowly to the hands and knees. Crawl to something sturdy, such as a handrail or car. Us the object to support you while you stand.

If you think someone is responsible for your injures, take pictures of where the fall occurred.

When Should You See A Doctor After A Slip And Fall Accident?

Unless there is a severe head injury or broken bone, most accident victims have pain and inflammation. Doctors recommend using swelling, bruising, and pain as an indicator to go to the Emergency Room. Also, if you cannot move without pain, you need medical attention.

Other doctors say slip-and-fall victims should get medical care immediately if they cannot walk or if the pain is not controlled with pain medication and ice. If you think you broke a bone, get medical care right away. Not treating a fracture can lead to more significant injuries and, possibly, even infections.

If you hit your head on the ground, you should get medical treatment immediately. Even a ‘mild’ concussion can have serious consequences. However, head injuries also can get worse quickly, so it is always better to be safe than sorry.

If you are in a slip-and-fall accident and you think another person is liable, you should speak to a slip-and-fall attorney in Illinois. An attorney can tell you if you have a strong case. If you do, you do not need to pay the lawyer unless you have a favorable settlement or verdict.

Contact Our Schaumburg Slip And Fall Lawyers Now

People in slip-and-fall accidents can suffer wrist, arm, shoulder, back, and head injuries, soft tissue damage, broken bones, spinal disc damage, and even traumatic brain injuries. How will you pay for those expensive medical treatments if you are seriously injured after a slip and fall accident?

The Schaumburg slip and fall lawyers at Claim Your Justice can help to get the compensation you need for medical treatments, lost earnings, plus pain and suffering. Our attorneys will fight relentlessly for your rights if you have a strong case. Our attorneys have secured large settlements for slip-and-fall victims.

Claim Your Justice slip and fall attorneys also help personal injury victims in Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Schaumburg, Hanover Park, Arlington Heights, and Oak Streamwood. Please contact Claim Your Justice at 847-434-3555 for a free consultation.

Disclaimer

This information is not intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an Attorney-Client relationship. An Attorney-Client relationship is created when you sign a written agreement with our law firm. Please do not send any confidential information to us until such time as an Attorney-Client relationship has been established.

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How To Prepare Your Car or Truck For Illinois Winter Weather

winter weather

No matter how warm and sunny the weather is in Illinois, eventually, the weather turns cold, and the snow flies. The best time to prepare your car or truck for winter is before the bad weather hits. Then, when your car or truck is ready for snow and ice, you have a better chance of avoiding accidents.

Below are critical tips for winter weather accident preparation to keep you and yours safe. Contact our Palatine car accident attorneys at Claim Your Justice for legal assistance if you are in a car or truck accident with injuries.

Why Prepare Your Car or Truck For Winter?

The Federal Highway Administration reports that at least 1,000 people die on icy or snowy roads in car accidents. In addition, approximately 25% of all weather-related car accidents happen on snowy and icy streets. This means that at least 70% of all American roads are in snowy parts of the country, and 70% of our population lives in these regions.

In addition, Illinois has had approximately 287,000 winter car or truck wrecks since 2006. There are 28,000 winter car or truck accidents per year in the state, as well. That is a lot of accidents, so having your car or truck ready for winter is a smart bet.

Check Your Tires

There is no doubt about it: The most critical winter weather accident preparation tip is to check those tires. Bald tires and icy, snowy Illinois roads do not go together. Slick tires make it harder to stop and reduce your car’s stability on wet roads.

Most states have a minimum tread depth standard of 2/32”. However, tire tests show that traction falls off dramatically when your tires have less than 4/32” of the tread. Many drivers try to squeak by in winter on slick tires, but you are taking a significant risk and can suffer a serious injury. Sliding and smacking a curb at only five miles per hour can cause at least $1,500 in damage.

If your tires are marginal, you should always replace them before winter hits. Sure, everyone wants to save money. But driving around on bald tires on wet, snowy and icy Illinois roads can get you in a nasty car accident.

Consider Winter Tires

Tires are vital to driving safety. So, if your area is snowy and hilly, consider winter tires to keep you on the road and moving. Many vehicle safety systems are useless without winter tires in heavy snow and ice.

Winter tires offer superior stopping distances, added traction, and clear the way through that heavy snow and slush. In addition, a winter tire always provides the best grip when the winter weather is the worst.

Replace The Windshield Wipers

Changing your windshield wipers every 6 to 12 months is always advisable. If you notice streaks on the windows, you should replace them. Many drivers do not realize how hazardous it is to have old windshield wipers in lousy weather. Poor visibility leads to many car and truck accidents.

Replacing windshield wipers is fast and inexpensive, so put it at the top of your winter weather accident preparation checklist! Also, top off your windshield wiper fluid. Illinois roads are often covered with snow, slush, and road salt. Keep your windshield clean for the best visibility.

Prepare A Car Emergency Kit

Whether it is an accident or you are snowed in, it is always prudent to assemble an emergency kit before winter hits. Put these items in your car or truck when the weather turns cold:

  • Blanket
  • Boots and gloves
  • Food, water, and candles
  • Ice scraper
  • Small snow shovel
  • Flashlight with extra batteries
  • Flares
  • Jumper cables
  • First-aid kit
  • Sand, salt, or kitty litter for extra traction

Check The Battery

Cold Illinois winters can be tough on your car battery. First, batteries tend to die because of the extra strain the cold weather puts on them. Also, because of thicker motor oil, car engines must do more work in cold weather.

Have an automotive parts store check your car or truck battery every winter. Make sure there is not any corrosion on the positive or negative terminals. A reputable car care professional can tell you if the battery needs to be replaced.

Check The Cooling System

It is recommended to flush and refill the radiator every year. Also, check the coolant level and concentration before winter starts. The standard recommendation is 50/50 antifreeze and water.

Check The Brakes

If your brakes squeak, get them checked before the snow flies. Winter has many wet and icy days, leading to rust that can damage the brake pads and rotors. Also, salted streets are hard on car and truck brakes.

Many car experts say drivers should have the brakes checked before and after winter. We all use our brakes heavily in lousy weather, so it is always wise to ensure they are in peak condition.

Remember, you can avoid many car accidents by never slamming on the brakes on a wet road. Today’s vehicles are equipped with anti-lock brakes, so steady pressure is the way to go. Hitting the brakes too hard can cause a skid and a severe auto accident.

Carry Glycerin In The Trunk

This is for unfreezing door locks, which can be a significant problem in freezing weather. It can break off if you try to force the door open with a standard key. Glycerin is quite effective for deicing and can be found in any auto parts store.

Check The Vehicle Exterior

You should check the outside of the vehicle to ensure the headlights and other lights are working. Many automotive experts recommend cleaning the exterior light lenses annually. Replace any brake lights that are burned out.

Keep The Gas Tank Full

You should always have a full tank of gas when driving in the winter. If there is too much space in the gas tank, moisture accumulates. This will dilute the gasoline and stress your car’s motor and pumps. In addition, if the moisture freezes, it can cause severe damage. Keeping a full tank also reduces the chances of being stranded in freezing weather.

Check The Tire Pressure

It is vital to keep track of tire pressure when temperatures plunge. Tire pressure drops dramatically with air temperature. You can lose as much as 1 PSI with every 10-degree loss of temperature.

Driving around on wet roads with low tire pressure will wear the tires out faster. It can even cause tread separation in a car accident. Further, tires do not perform as predictably when they are under-inflated.

If you check tire pressure and find at least one is low, get them filled for free at a gas station. Then, when the weather warms in spring, let a pound or two of air out.

Car Accident Liability In Snow Or Black Ice

Keeping your car or truck in top condition when winter weather hits reduces your chances of an accident. However, what happens if you are in a crash in snow or on black ice? Who is to blame?

Car and truck accidents due to black ice or snow usually involve several vehicles and severe injuries. This means several crash investigations and auto insurance policies. This is why when you are injured in an accident you should call the injury attorneys at https://claimyourjustice.com This situation is where you want to have a Palatine car accident lawyer representing your interests. We know how to investigate your injury case and then negotiate with insurance companies, especially when liability is uncertain.

Everything depends on the details of the winter accident. For example, if another car slid on black ice and slammed into you at a stop light, you may get compensation from your policy’s personal injury protection. Or, your attorney may file a claim with the other driver’s policy.

Many drivers are shocked to discover they still may be liable if they are in a car accident during a blizzard. Of course, your insurance should take care of the problem if it is a single-vehicle accident. But when you slide into another car, you cannot blame the weather. We all have a legal obligation to drive safely in all conditions.

Some drivers argue they should not be liable if they lose control in the snow. However, every driver knows the risks of driving in snow and ice. Illinois law requires you to drive safely no matter what. Fortunately, having your car in tip-top shape as winter approaches reduces your odds of a fender bender or worse.

Contact Our Palatine Car Accident Lawyers Today

If you have been in a severe car accident, you could have thousands or tens of thousands of dollars of medical bills you cannot pay. Perhaps you cannot work and are disfigured or in substantial pain from the accident. How will you recover and survive financially? There is help available.

Our Palatine car accident lawyers fight tirelessly for our clients’ legal and financial rights. As a result, we regularly win impressive recoveries for car and truck accident victims in Illinois. Whether you have a back injury, head trauma, or broken bones, we can get you the compensation you need to regain your health.

Claim Your Justice attorneys also serve the communities of Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Schaumburg, Hanover Park, Arlington Heights, and Oak Streamwood and clients in Wisconsin, and Kentucky. Please contact Claim Your Justice at 847-434-3555 to receive justice in your car or truck accident case.

Disclaimer

This information is not intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an Attorney-Client relationship. An Attorney-Client relationship is created when you sign a written agreement with our law firm. Please do not send any confidential information to us until such time as an Attorney-Client relationship has been established.

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Nursing Home Injury Cases With Keith Shindler

nursing home abuse

Welcome to another edition of Facebook Live for Claim Your Justice. The purpose of these Facebook live sessions is to educate the Facebook community and our future clients about their rights. Today, we are going to talk about nursing home cases.

This is a very near and dear topic to me right now because I have an elderly relative who is in the process of moving from independent living to a nursing home. It’s a sensitive topic because things, sometimes bad things, happen when your loved one is in a nursing home. I figured it was a perfect opportunity for me to discuss this.

For any personal injury claims, make sure you reach out to Claim Your Justice, you can reach us on the web at ClaimYourJustice.com. Or you can reach us by telephone at 847-434-3555. I am lucky enough to be assisted today by Jessica Wong Barrera, she did such a wonderful job last time we invited her back. Jessica, you have some questions that we discussed that we think will be helpful to the Community. Let’s roll.


 

 

Q: Are there separate rights that apply to residents in nursing homes?

A: Yes. We generally have the same rights for injury cases when it comes to a slip and fall case, a car accident case, a wrongful death case, and so on. However, nursing homes are governed by the Illinois Nursing Home Act, and the Nursing Home Act provides a certain set of rights statutorily. So, when you have an auto accident case, it’s based on common law, negligence, duty breach of duty, proximate cause, and damages.

In every case everywhere in the United States, those are the analyses that need to be made. In Illinois, the Nursing Home Act provides certain rights that you have statutorily that you may not have if you are just at an independent care living facility. In a nursing home, you have a right to make sure you get your mail, make sure you have access to a telephone, and make sure you can get visitors. That is important.

You also have a right to see your own doctor if you have health insurance or money to pay at your expense. Those are two significant rights that are vested by the Illinois Nursing Home Act. Of course, you have a right to be free from abuse and neglect. Those terms of abuse and neglect are defined within the Illinois Nursing Home Act. That is another right you would think is a given.  However, this is because it’s by definition, and there is a push and pull between the nursing home lobby that can only do certain things and the residents who need to make sure they have an enhanced level of care.

Q: Is there a definition of what exactly a nursing home includes?

A: If you are in a facility with more than three residents who are not related, that facility will be defined as a nursing home. Now I know three seems like a small number and you’re not going to have a nursing home with such a small population of residents. Some of these nursing homes have 200 residents. There is one not too far from my house, they may have 300 residents there. By definition, it is more than three people in a facility where the staff is charged with keeping and taking care of the residents.

Q: Is there a number one reason why many residents of nursing homes are injured or otherwise harmed?

A: I think we’ve all heard scenarios where elderly people suffer bed sores, and the number one source of injuries that are suffered by residents of nursing homes would be bed sores. Now bed sores are what we call them. However, medically and from a nursing perspective, they are called pressure ulcers. It’s a painful condition. It happens frequently because the patient is not as mobile.

Sometimes they are seriously medicated, and they can’t move around as much. They’re lying in the same position for some time and the body’s reaction to that is to form a pressure ulcer. The injuries can become quite dramatic as they progress to a certain degree, and they can become infected. To answer your question, the number one type of injury would be a bedsore pressure ulcer.

Q: What types of injuries are common to nursing home residents?

A: Well, you have a person who trips and falls. Listen, I’m in my 50s, and there are times, on certain terrain, I feel like I could trip and fall. These fall-down cases are common in nursing homes. Someone may need a walker, they don’t have a walker, they try and walk, and they fall. Someone may be walking with a walker, and there’s an obstruction in the floor that shouldn’t be there which causes them to trip and fall. Or it could be that situation with a cane.

The number one injury we see is pressure ulcers. Number two is the fall-down cases. Some of the falls can be really bad, you never want to see an 80-year-old man or woman needing to undergo hip replacement surgery. That is not something you want your relative to have to go through just because they were not properly cared for. Sometimes in the fall-down cases, it could be that the resident should have had the side rails up on their bed and the nursing home perhaps forgot to raise the side rails, and the resident falls out of bed.

You can have all sorts of injuries. If a person is at the level where they need assistance going to the bathroom, and the proper lift is not available, you could have an injury where someone is going to the bathroom and falls. Other types of injuries you could have are when the proper medication is not administered. Either the wrong medication is given, the medication is not given to the patient at the recommended time, or the wrong dosage is given. You have got the bed sores, you got the fall down cases, you have got the failure to administer the proper medication. Those are probably the three that we most commonly see.

Q: Can you talk a little more about elder abuse? We’ve talked about lack of treatment, but what about elder abuse?

A: First and foremost, elder abuse is terrible. Elder abuse is common. The case I referred to just a few minutes ago was in the news recently. There is a nursing home in Texas, the family is concerned about the care that their relative is getting so they install a surveillance camera in the relative’s room. They get a call from the nursing home saying that their relative was injured and fell out of bed. Well, what they see in the video is that after he fell out of bed, he was abused by the staff while getting back into bed.

There was a lawsuit, and there was a big multi-million dollar recovery made because of the elder abuse. Part of elder abuse and this is a topic I meant to cover earlier, is that there is a staffing issue. Every day in the news we hear that there is a nationwide staffing shortage. It is a problem in nursing homes because many of the injuries that are suffered by residents are injuries that may not have happened if there was proper staffing.

Staffing shortages can look different. One example could be when they do not have enough people on staff. The second could be when they hire a staff member who is not properly qualified, not properly supervised, and not properly trained. I would consider that a staffing shortage because you do not have the right person on the job. This case in Texas was a true elder abuse case, the elderly resident or their family is paying to be in this nursing home, to get the proper care, to get the proper staffing, and they don’t get that.

Then worse, you could have a resident of the nursing home being sexually abused. There are some sick people out there. Sometimes they find their way into the wrong situations, wrong employment systems, and wrong employment roles, and you could have a relative who’s sexually abused. It’s disgusting, the nursing home is certainly responsible. With elder abuse, you could have physical abuse, sexual abuse, and you could have some type of mental abuse. Mental abuse for example where a caretaker refuses to care for the resident unless the resident acts a certain way. That’s abuse, and that can turn into malnutrition for the resident.

Q: What does the average settlement in an elder abuse case look like?

A: These cases have a wide range in terms of the value you will see. You have the basic elements of damages, you could have the additional medical bills that are required for an injury that a resident suffers, and you certainly have pain and suffering, which is a common ingredient for any personal injury case. Also, you may have a disfigurement. We talked a moment ago about the case where the person fell, broke their hip, and needed a hip replacement, they may have a limp that they didn’t have before, they may need a cane that they didn’t need before, they need may need more personal assistance that they didn’t need before. Disfigurement is a big issue.

That also connects with the loss of normal life. Before they fell and needed a hip replacement, they may have been able to walk around the nursing home themselves without any assistance, but with the replaced hip they now need to have some regular and frequent assistance. A lot of it depends on the type of injury. Then, if a person who’s in their 30s has a very serious injury, now that person is going to have to live with that serious injury for the normal life expectancy, let’s call it 72. So that’s 42 years of living with this serious injury.

Now, unfortunately, the value of these nursing home cases is sometimes reduced because a person cannot have a shortened lifespan because of their age. The nursing home may say that person had a debilitating disease, and a medical expert would say they only had three years to live, so that could reduce the value of the case. Then you also have something that could increase the value of the case, which is the history of the care provided by the facility. If you can show a pattern of neglect by the facility. If they’ve had 10 cases in the past several years, we would argue that shows they have gross negligence, which would increase the value of the case. Anything else?

Q: Is the nursing home insured, and does that have anything to do with the settlement?

A: Terrific question. I was talking to another lawyer this weekend and he settled a case where the nursing home went into Bankruptcy. For whatever reason, the nursing home was driven into bankruptcy, and there was a limited amount of money. So the payoff for that person’s client was through bankruptcy. There is generally insurance, but as we’ve talked about in previous Facebook Live sessions, sometimes insurance isn’t enough.

It’s difficult enough to find the right nursing home fit for your relative. but that’s a question you might want to put on your checklist before you admit your relative into a nursing home. Ask about financial viability. Does this facility have one location or 10 locations? It may be a bit of an odd question, but it is your relative, you need to give maximum care and attention to that relative.

If you, a family member, a friend, or anyone you know is injured in an accident. Let Claim Your Justice help those people claim their justice. You can reach us on the web at ClaimYourJustice.com or by phone at 847-434-3555. Thank you and have a successful week.

Disclaimer

This information is not intended to be legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an Attorney-Client relationship. An Attorney-Client relationship is created when you sign a written agreement with our law firm. Please do not send any confidential information to us until such time as an Attorney-Client relationship has been established.

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Things You Should Always Have In Case Of A Car Accident

car accident

There were 312,000 car accidents in Illinois in 2019 and about 858 crashes per day. Sooner or later, most Illinoisans get in a car accident, but many do not know what they should have in their vehicles when it happens. Having critical emergency supplies in the car can make a huge difference if you get into an accident.

Below are some essential items you should keep in your vehicle in case of a car accident. Also highlighted are the most important things to remember to do after an auto accident. If you are in a car accident and unsure of your rights, please contact Hoffman Estates car accident lawyers at Claim Your Justice today. In many cases, our attorneys can help obtain compensation for your medical bills, lost wages, and pain and suffering.

First Aid Kit

Even a minor auto accident can have cuts, bruises, and scrapes because of airbags, hitting a part of your body against something on the inside of your car, or broken glass. Also, first responders may not arrive at the crash scene immediately, so carrying a first aid kit in the trunk is recommended. This allows you to manage your or a passenger’s minor injuries until first responders arrive, or you can get to the ER to be checked out.

In addition to bandages, gauze, antiseptic ointment, instant cold packs, aspirin, and other first aid basics, it is wise to have a survival kit in the car, too. The survival kit should contain items that will help if you are in an accident that requires you to stay at the scene for hours or more. Some vital things to include in the survival kit are:

    • Non-perishable food
    • Bottled water
    • Tool to break glass
    • Extra clothing

Fully Charged Phone

Most of us have a cell phone, but it does not do you much good after an accident if the battery is dead. Some drivers prefer having a disposable cell phone in the trunk to use in an emergency. Another option is to have a phone charger in the car and plug your phone in every time you drive. Or use an old cell phone; even if the phone is not on your current mobile plan, you can still use it to call 911 after an accident.

Basic Toolkit

An essential car repair toolkit should include pliers, a screwdriver, an adjustable wrench, and duct tape. While they won’t help with major car repairs, these tools can help get you back on the road after a minor accident.

Jumper Cables

One of the most common road emergencies is a dead car battery. A set of jumper cables is inexpensive and does not take up a lot of space, so have a set in the trunk.

Fire Extinguisher

An overheating car can sometimes even start a fire, so having a fire extinguisher handy is important. Using the fire extinguisher when a fire starts in the engine compartment can prevent the conflagration from getting much worse.

Flashlight and Flares

Being in a car accident at night is scary and hazardous. If you are in a crash after the sun sets, carrying a flashlight and road flares is vital. A flashlight is essential in the dark, especially in rural areas with few streetlights. This tool helps you check for damage to determine if you can drive the vehicle or move it out of traffic.

Without a flashlight, there could be severe damage you cannot see, which makes it dangerous to drive. Remember to carry extra batteries and check them every quarter.

Road flares are essential for safety after accidents, especially in the dark. First, flares make the accident more visible and direct first responders to the area. Flares also help other drivers see your vehicle and avoid additional accidents.

Contact Information

If you are in an accident and unable to communicate with first responders, it is critical to have your name, medical information, and emergency contact information in the car. Having your cell phone and wallet on you in the vehicle may be sufficient. You also can keep a written list of this vital information in the glove compartment.

Things to Remember After a Car Accident

The items highlighted above in your vehicle can significantly help after a car accident. It also is important to remember to do the following after an auto accident:

Check If Anyone Is Injured

Illinois law requires you to see if anyone is injured after a car accident. If so, you need to call 911 or the local police to get medical assistance. In addition, you should never leave the scene of an accident until the police permit you.

Get Out of Danger

If it is a minor car accident and you are not hurt, move your vehicle slowly to the side of the road so it does not stop traffic. Moving the car keeps you out of danger and prevents additional accidents. Turn your blinkers on and put out road flares from your emergency kit.

Remember, you may be upset after the accident even if you are not hurt. In addition, you may not think as clearly as you usually would, so be careful around traffic. Getting as far away as possible from traffic is best to stay safe.

Contact Law Enforcement

You should always call the police to report a car accident. However, law enforcement may not always respond. Some police departments tell you to report the incident online. They may not always send a police officer to the scene if it is a minor crash.

If the police come to the scene, write down their badge number and contact details. Then, get a copy of the accident report from the officer. If the police do not come, go to the nearest police station to get a copy of the accident report.

You should always report even minor car accidents to the police. The other driver may ask you not to report it, but this leaves you open to a hit-and-run charge if they decide to change their story later.

Gather Evidence

A Hoffman Estates car accident lawyer will collect car accident evidence, but you can help by starting the process yourself. If uninjured, use your cell phone camera to photograph accident damages, vehicle positions, and the overall accident scene.

Next, take photos of the driver’s licenses of others involved in the crash and their insurance information. Also, take pictures of every driver’s license plate. Finally, get their contact information if there are witnesses to the accident. Your attorney will want to speak to witnesses as soon as possible before they start forgetting what happened.

See Your Physician

Many people feel fine after a car accident. But many injuries may not become evident for one or two days. For example, you could bang your head on the window and feel ok. But after a day, you could have headaches or memory loss. Or you could wake up the next morning and find you cannot move your head; whiplash symptoms also can take a few days to appear.

If you wait to go to your doctor, it could jeopardize an accident claim later. Also, if you file a personal injury lawsuit, the other driver’s insurance company will likely argue your injury was unrelated to the accident.

Don’t Admit Fault

Emotions often run high after a car accident, and you may say something that hurts your car accident claim. It is best not to say anything to other drivers except to exchange information. Never take responsibility for the accident, even if you are at fault. It is always best to say as little as possible to give your car accident attorney the best chance to obtain fair compensation for you.

Report The Accident to Your Insurance Company

It tempts some drivers to make a cash agreement to avoid reporting the incident to their insurance company. However, not calling your insurance provider is a risk; the other driver may not have insurance. In addition, if you have more severe injuries or property damage than you thought, you may need to tap your policy’s underinsured and uninsured motorist coverage. Reporting the incident to the insurance company as soon as possible is the safest action.

Contact Hoffman Estates Car Accident Lawyers Today

Anyone in a severe car accident probably has medical bills, rehabilitation, lost wages, and pain and suffering. You could be eligible for compensation if you have damages after a car accident.

Our Hoffman Estates car accident lawyers have fought for the rights of clients for more than 50 years. As a result, we obtain significant settlements and awards for our personal injury clients in Illinois. Our attorneys focus on personal injuries, auto accidents, slip & fall incidents, dog bites, and wrongful death.

Claim Your Justice attorneys serve Schaumburg and the greater Chicago area including the communities of Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Hanover Park, Arlington Heights, Oak Brook, and Streamwood. Please contact Claim Your Justice at 847-434-3555 for a complimentary consultation.

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Personal Injury Attorney Discusses Punitive Damages

punitive damages

Welcome to another edition of Claim Your Justice Facebook Live. Thank you for viewing today and in the future. As a reminder, we encourage any questions. You can post questions below or you can join during a live session, post a question, and we will try and answer it.

This is designed to help the Facebook community learn as much as possible about what to do when you or someone in your life is wrongfully injured in an accident, and need to make a recovery to compensate them for the damages suffered.

Today we’re going to talk about a topic called punitive damages. It’s not a frequent occurrence. However, it’s recently in the news as of yesterday with a big jury verdict out of Cook County. Which makes this a perfect opportunity to provide information to the Community about punitive damages.

I have here with me Jessica Wong Barrera from our office, she is going to ask a couple of questions. I’m going to answer those questions. It should provide the information that we’re looking to provide today. I think this provides a better format for us to exchange ideas and information. So Jessica, what’s the first question you have for me?


 

 

Q: What are punitive damages?

A: Good question. The meaning of punitive damages is built into the word punitive. It’s generally designed to punish. It’s not frequent for punitive damages to be available in a case. The concept behind punitive damages is that they’re awarded, in addition to other damages, to punish the wrongdoer. Whether it’s a driver who was under the influence of alcohol or drugs or a company that’s polluting the water around its offices and complexes. It’s designed to punish a person or entity for wrongful conduct.

Q: When can an injured person recover punitive damages?

A: So as I said, it’s not that common. We have several cases in the office where our clients were injured by drivers who were charged with driving under the influence of alcohol.  What happens in those cases, is we have client that is seriously injured as a result of these types of incidences. The person who is responsible has insurance, they could have a $50,000 policy, they could have a $25,000 policy, a $100,000 policy, they could have a $1,000,000 policy.

However, the damage that they caused to our client can exceed the amount of the insurance coverage. We’ve talked in past sessions about underinsured motorist coverage for when there is not enough insurance from the responsible party to cover all of our client’s injuries and medical bills.

What punitive damages allow you to do is go beyond the insurance policy. You could secure the insurance money, and then depending on the financial resources of the person that’s responsible for the accident, go beyond that. You could have a guy who’s driving around and has several million dollars of assets, he has only a $1,000,000 insurance policy, but we have a client with a $2,500,000 injury.

It doesn’t stop there. First of all, our client most likely won’t have underinsured motorist coverage over a million dollars. However, punitive damages allow us to take the insurance policy money and then continue to pursue a claim in court for damages beyond the insurance policy.

That’s one situation.

You do have certain elements to prove. You need to prove that it’s either fraudulent, intentional, or willful and wanton, meaning that the offender shows a complete disregard for humanity. You have to show that that action caused the damage and that we’re able to establish to a court that awarding punitive damages will provide justice and that the “public good” requires it.

The amount of punitive damages will be an amount that is designed to punish the defendant for causing the accident and discourage future people from displaying the same type of conduct.

Q: Who can punitive damages be awarded against?

A: Let’s go back to the DUI case. You have a driver, and so we would ask that the punitive damages be awarded against that person, individually. However, if the driver was driving a business vehicle under the influence of alcohol, and we could establish that the business didn’t do enough to supervise, monitor, or train that employee, then we could ask for punitive damages to be awarded against not only the individual, who in that case likely wouldn’t have additional resources to pay punitive damages but the business.

The business didn’t do what they were supposed to do by putting that driver on the road. They could have had a BAC device in the car where the driver has to blow in it to start the car. Maybe they didn’t do a proper background check to see that the driver had prior DUIs on his record. The ultimate goal is to find as many sources as possible to pursue to maximize the recovery and make sure there are enough insurance and financial resources out there to compensate our seriously injured clients.

Q: What are real-life examples of when punitive damages can be awarded?

We talked about DUI, I think we covered that sufficiently. In a previous Facebook Live session, we talked about a hotel scenario, and how could we find the owner of a business or a third party liable for the criminal acts of another. One of the examples I talked about was where a hotel worker secured the keys to a person’s room, went into that person’s room, and sexually assaulted that person.

So you have an intentional act of sexual assault or criminal sexual assault, and you want to be able to have an award that achieves justice, and the “public good” should require it, and what amount of money will both punish the defendant for not doing what they were supposed to be doing, the hotel in this situation, and discourage other hotels from failing to do what they need to do to protect their guests.

So you’ve got a DUI, you’ve got sexual assault, you could have a battery case. For example, let’s say a security guard beats a customer who may be a little intoxicated, or maybe a little out of control at a bar. Instead of security just escorting that person out of the bar, they beat the living heck out of the person.

Again, it was an intentional act and we want to discourage, we both want to punish the defendant and discourage others from having the same conduct. More recently, it was in the paper yesterday, there was a big jury verdict award in excess of $300 million against the company called Sterigenics.

Sterigenics was a company that sterilized equipment used by medical professionals. The argument is they were polluting the water around the area where the Sterigenics plant was. In this particular case, a woman brought her case and said that her breast cancer was caused by the contaminated water from this company. Horrible, this should not happen in a community. There was more than $200 million in punitive damages. This case fits nicely into the bucket of being able to punish the company for what it did and to discourage other companies from not taking the necessary actions to protect the property around them.

Q: Are there any monetary caps on punitive damages?

With regard to the monetary caps, we talked about insurance limits. However, the insurance limits don’t apply, so in Illinois, there are no caps on punitive damages. In the case we just talked about Sterigenics, they awarded a huge nine-figure number on damages. In Illinois, and most states, judges have the discretion to reduce the punitive damages awarded. So, the jury decides what they think the damages are worth.

Frequently a measure of punitive damages is the company does $1,000,000,000 a year in revenue, if you just give us 1%, that’ll be $10 million, if you give us 5% that’ll be $50 million. A lot of times the argument is made to the jury, that you take a percentage of their revenues or their profits, and you award that to the plaintiff to compensate them for their injuries and punish the defendant.

Q: Are you able to sue both the individual and the company as two separate civil cases for punitive damages?

Yes.  You would absolutely make your claim against both. The goal is to sue anyone who would be responsible for the injury. So, you would make a claim. If you have the DUI driver, driving the company vehicle, you’d make a claim against the individual in the company. Generally, we have to be realistic here, a driver who’s driving a delivery truck isn’t going to have a personal policy that’s going to cover them for the necessary number of damages that our client suffered.

Remember, we’re here to protect our client’s rights and help you Claim Your Justice. Please call us with any questions regarding personal injuries, workers’ compensation, or wrongful death, call us at 847-434-3555.

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Tips To Avoid Motorcycle Accidents In Illinois

motorcycle accidents

Many Illinois residents prefer to get around with a motorcycle in the spring and summer. After the snow melts and the weather warms, it is enjoyable to drive a motorcycle in the sun and enjoy the outdoors. However, the National Highway Traffic Safety Administration reports that more than 5,000 motorcyclists died in 2016 in traffic accidents.

Common motorcycle accident injuries include:

  • Dislocated or broken bones
  • Road rash or severe lacerations
  • Crush injuries or amputations
  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal bleeding
  • Organ damage
  • Sprains or strains

You can reduce your odds of getting in a motorcycle accident or being seriously injured. Details are provided below. If you were in a motorcycle accident and have injuries, please contact the experienced Hoffman Estates motorcycle accident attorneys at Claim Your Justice.

Illinois Motorcycle Laws

Riding safely in Illinois requires you to be aware of motorcycle laws:

  • Motorcyclists must possess a valid driver’s license to ride legally. Riding without a license is a severe violation. You need to be at least 18 and complete a written and road test to obtain your motorcycle license.
  • Register your motorcycle. The bike must be registered with the state.
  • You must follow all Illinois traffic laws when riding your motorcycle. Remember that having a license does not mean you can drive however you like. One of the most important laws is never driving after drinking alcohol or taking drugs.
  • Your motorcycle’s headlamp must always be on to increase visibility. Further, you must always have at least one hand on the handlebar.
  • Lane splitting is illegal in Illinois, and you cannot ride on one wheel.
  • Riding without a helmet is legal but highly discouraged. However, you must wear goggles or other eye protection when riding.

Motorcyclist Tips

If you are riding a motorcycle, these tips will help keep you safe:

Wear Your Helmet

Most states require at least some riders to wear a helmet. However, Illinois does not require motorcyclists to wear a helmet. As a result, many Illinois riders go without a helmet. That can be a fatal mistake.

Studies show that wearing a motorcycle helmet significantly decreases your chances of serious injury or death in an accident. The NHTSA also states that 37% of fatal motorcycle accidents could have been avoided if the driver wore a helmet. Additionally, for motorcycle passengers, CDC statistics show that 41% fewer would die if they had a helmet.

In Illinois, hundreds of motorcyclists could have lived if they had worn helmets during an accident. The Illinois Department of Transportation reports 635 fatal motorcycle accidents from 2007-2011. However, a study revealed that only 30% of riders wore helmets. So, approximately 210 motorcyclists could have lived in Illinois if they had worn helmets.

Wear Proper Motorcycle Gear

Sometimes motorcycle accidents are unavoidable. For example, one of the most common motorcycle crashes is when a car driver does not see you and pulls out. As a result, you may need to lay down your bike on the road. This can cause severe injuries, but it helps if you wear the right gear.

Motorcyclists should always wear helmets, long pants, sleeves, and boots. Ideally, your clothing should be made of leather or rugged denim. The helmet should adhere to the safety standards issued by the Department of Transportation. You also should wear leather gloves and eye protection.

Make no mistake: Wearing protective gear when riding can protect you from severe injuries, including brain damage, spine injuries, and broken bones. Also, wearing leather clothing can prevent road rash, which can also cause horrific injuries all over your body.

Have A License and Training

You must be fully licensed. It is also helpful to take a motorcycle riding course that teaches safe riding practices.

The NHTSA states that 30% of fatal motorcycle crashes involve an unlicensed rider. Therefore, if you have not ridden in years, taking a motorcycle refresher class is highly recommended to reinforce what you learned earlier.

Perform a Pre-Ride Check

It is always wise to check your bike before hitting the road. Walk around the motorcycle and inspect the critical parts. For example, the horn, lights, and turn signals should all work perfectly. Many studies show that having these parts working will prevent many accidents.

Next, check the belts, brakes, chains, and driveshaft. Always check the tread and tire pressure, too. Finally, the motorcycle should be equipped with anti-lock brakes. If you do not have them, get them installed right away. Anti-lock brakes prevent your wheels from locking during an emergency stop. They allow you to maintain control and avoid a collision or loss of control.

Maintain Your Motorcycle

Performing regular maintenance on your bike will keep you safe while riding Illinois or southern Wisconsin roads. The last thing you want to discover in an emergency is that your brakes do not work!

Never Assume Drivers Can See You

Many motorcycle crashes happen because the other driver does not see you. Motorcycles are much smaller than cars, and many drivers look for large vehicles, not motorcycles or bikes. Motorcycles also can be swallowed up in a vehicle’s blind spot easily.

Avoid many motorcycle accidents by never assuming other drivers see you. Stay out of blind spots and always wear reflective, brightly colored clothes.

Never Drink and Ride

Drinking and driving is deadly. On a motorcycle without a vehicle protecting you, it’s even more dangerous. The NHTSA reports that 28% of motorcyclists who died in 2017 were drunk. Never drink or take drugs before riding your motorcycle.

Do Not Split Lanes

Never share a lane with a car. This is dangerous for both you and the car driver. Also, it is illegal to split lanes in Illinois.

If you ever get in a motorcycle accident and decide to file a personal injury lawsuit, remember the statute of limitations is only two years. Waiting longer than two years means forfeiting your right to sue for damages.

Automobile Driver Tips

Auto drivers are often at fault for many motorcycle accidents. When you drive a car, you are responsible for looking out for motorcyclists and keeping them safe. Following these tips will help you avoid accidents with motorcyclists:

Increase Following Distances

When driving behind a motorcycle, increase your following distance. You should slow down behind the motorcycle to at least double your following space. A motorcyclist could suddenly brake or lose control, and the extra distance can help avoid a severe accident.

Never Tailgate

Tailgating can cause a rear-end crash. This is dangerous with a car, but a rear-end collision can kill a motorcyclist. This is even more true if the rider does not wear a helmet.

Know Your Position on the Road

A car, truck, or SUV is much heavier and more powerful than a motorcycle. Driving aggressively in a large vehicle is dangerous for everyone else on the road, especially motorcyclists and bikers. Be aware of your vehicle’s size and power, remembering you have a legal responsibility to motorcycle riders and other drivers to drive safely.

Obey Traffic Rules

Illinois has laws for all vehicle drivers to keep people safe. Following every road rule in Illinois will protect you, other drivers, and motorcyclists.
For example, you should always carefully check your blind spot when changing lanes; motorcyclists can hide there. Also, stop at all intersections and look both ways for motorcyclists and other drivers. Finally, always go the speed limit and maintain safe following distances.

Do Not ‘Zone Out’

After we drive for years, it is easy to become so used to driving that we almost ‘zone out’ behind the wheel. However, not paying attention to the road leads to many fatal accidents. For example, many motorcycle accidents happen because the auto driver does not see them. You are responsible for always looking out for other motorists, whether in a car or on a bike.

Be vigilant and aware of your surroundings when you get behind the wheel. This includes looking out for motorcyclists, bikers, and pedestrians. Also, never be distracted by a cell phone or anything else when driving. You can be prosecuted and sued for texting and driving, so put away your cell phone before driving.

Contact A Schaumburg Motorcycle Accident Attorney Now

You probably will have severe injuries if you were in a motorcycle accident. It can take months or years to recover from a motorcycle accident, and you will need ample funds for the best recovery possible.

Our Schaumburg, IL, motorcycle accident attorneys possess more than 50 years of combined experience obtaining favorable outcomes for personal injury clients. We have collected millions of dollars in recoveries, settlements, and verdicts for our clients in Illinois and Wisconsin. Our attorneys also represent clients in auto accidents, slip & fall incidents, dog bites, and wrongful death.

Our personal injury attorneys serve the greater Chicago area and southern Wisconsin area, including the communities of Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Hanover Park, Arlington Heights, Oak Brook, and Streamwood. Please contact Claim Your Justice today at 847-434-3555 for a complimentary consultation.

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What are the Most Common Construction Accident Injuries?

construction accident injuries

Construction Accident Injuries

We all know that construction accident injuries tend to be common because construction sites can be dangerous places, and simply working on a construction site exposes workers and sometimes the general public to injury. But many construction site injuries are preventable with some common sense, and proper safety measures.

When proper safety measures are not used, the end result can be a catastrophic injury. What causes catastrophic injuries and deaths on construction sites? Being aware of the most dangerous and common hazards can make it less likely that you are a victim of an injury at a construction site.

Electrocution

Electrocution is a common cause of construction site injury. Electrocution does not just happen to electricians—in many cases, non-electrical workers are electrocuted when areas or objects they are working on come into contact with power lines, or when digging and coming into contact with live electrical wires. By some estimates, half of all electrocution injuries at worksites happen at construction sites.

Electrocution is also a threat for construction workers because many construction sites are outside, and that exposes workers to lightning strikes as well.

OSHA has requirements for workers whose job it is to work around electricity. The rules include protections for any live wires, signage where voltage is at or exceeds 600 volts, and keeping any outdoors electrical equipment in enclosed containers.

Electrocution is often deadly, and when it is not, it can cause extreme burns, nerve damage, and brain damage, and can interrupt the heart’s rhythms to cause cardiac arrest and potentially death. The cardiac arrest from the voltage going into the body can stop oxygen to the brain, leading to long-term brain damage.

Slip and Falls From Heights

Much of construction work is done at heights, and heights inevitably make falls much more dangerous. You do not need to be working on a high rise either; even the construction of one-story buildings can lead to falls from potentially deadly heights.

OSHA reports that in 2019, about 30% of all construction-related fatalities were the result of falls. In 2016, over 10,000 construction workers were injured in fall-related injuries. This makes fall injuries from roofs, scaffolding, or ladders the most deadly cause of construction site deaths.

OSHA requires a number of safeguards for workers on construction sites to avoid falls; the height where these safety measures have to be put in place depends on whether the construction is for general industry, shipyards, general construction, or whether the construction is taking place over a dangerous area, regardless of height.

There are things that a contractor can do to make the area safer for construction workers when it comes to avoiding falls. These include:

  • Using guardrails and toe boards on open platforms or walkways, and using safety harnesses, safety nets, and railings for stairs
  • Training workers; inexperience is a large contributor to construction site falls
  • Not letting workers work alone, but rather in teams
  • Stopping or avoiding working in bad weather, such as rain and wind, which can make a dangerous area even more dangerous

Falls do not just happen from rooftops or high buildings; ladders are a leading cause of construction site injuries and deaths, as well. Often, workers will overload ladders, or use the wrong type of ladder for the work being done. Ladders may not be laying on an even surface, and again, weather can make an otherwise stable ladder unstable.

Scaffold Accidents

Scaffolds are mobile platforms where workers can stand, place objects, and perform construction work in order to access out-of-reach and tall interior and exterior areas.

Scaffolding injuries are a leading killer in construction-related accidents. There are nearly 5,000 scaffolding injuries every single year. In fact, almost 90% of deaths on scaffolds happen on construction sites.

Scaffolding requires setup—setup that, unlike ladders, requires experience. Mobile scaffolding may be improperly set up or placed in areas that are not stable enough to handle a scaffold. Often, people who are untrained to use a scaffold go onto them to access areas that they need to access. Scaffolds oftentimes must be kept free of debris. Workers with tools, dripping paint or cement, or other items around them, can easily clutter a scaffold to the point that it can lead to a slip and trip on a scaffold.

In larger projects, there may be scaffolding stacked high, on top of and above each other; this means that when something happens—even if a small item falls from a scaffold—the workers on the lower scaffolds can be hit and can easily lose their balance.

Scaffolding is also unique because unlike ladders or active construction sides, scaffolding may be placed above pedestrians and people in the street. This is one type of construction accident that can easily injure or kill an innocent bystander who has nothing to do with working on a construction project. This actually happened in 2019, when scaffolding collapsed, sending debris into the streets.

Scaffolding injuries can include much the same types of injuries you would anticipate from falls from heights. These include death, paralysis, amputations, or broken bones. If there is head trauma, a victim can easily suffer a traumatic brain injury, as well.

Pedestrians below, often clueless as to what is going on above them, can be crushed; even a lighter item falling from a distance can incur enough velocity to be deadly to passersby below the scaffolding.

Trench Collapses and Cave-ins

Trench collapses do not get a lot of publicity, mostly because unlike falls, trench collapses often happen underground, out of plain sight. Recently, two workers were killed in a trench collapse in St Paul, Minnesota, and two more workers were killed in a Texas trench collapse.

Trenches are so dangerous because above the trenches, earth and soil are usually being moved about, which can lead to a trench collapse. Victims often die, as the immediate crushing injuries or suffocation often happen before rescuers can reach workers. It can also take time for rescuers to get to injured workers, as rescuers must be mindful of causing a bigger collapse while trying to execute the rescue.

Trenches are not just for underground projects or to construct tunnels; everyday construction projects often require some degree of trenching, be it for plumbing or basements, or underground parking areas.

Machinery Accidents

Any time large machinery is involved, there is the risk of serious injury. The risks can be crushing injuries, where large construction vehicles run over other workers or where large pieces of machinery, like cranes, topple over. When they fall, they often bring debris, concrete, and other heavy materials down with them.

Workers can easily be crushed by falling debris and equipment.

Operators of equipment can be trapped inside them when the equipment topples over or tips. Workers can easily be burned, should the machinery catch fire, as many are fueled by gasoline.

Also like our cars, heavy equipment needs servicing and maintenance. Many companies do not perform or negligently perform this work, making machinery malfunction a major cause of injuries to workers’ heads, backs, and limbs. Machinery does not operate on its own, and that means that when it injures someone, there is usually a human operator or a company that failed to service the equipment, that can be held at fault for the accident.

Failure to Prove or Use Proper Protective Equipment

On top of all of these catastrophic injuries, are the regular, routine dangers of working on a construction site. Many of these kinds of dangers can be lessened by the use of basic construction safety equipment.

Many sites will expose workers to hazardous materials, chemicals that should not be breathed in, fumes, smoke, or just particulate matter in the air that can be damaging to the lungs.

Protective gear like gloves, safety glasses, and helmets not only protect workers from objects or impact but can save workers from injury and diseases that can arise from exposure to toxic chemicals or fumes that are often present at construction sites.

Hearing loss can be a slow injury that develops over time when proper ear protective gear is not worn. Feet can be easily crushed from even a moderate weighted object falling on them, if proper protective equipment for workers’ feet is not used. Proper foot gear can also provide traction, lessening the chance of slip and fall injuries.

Vests, hazmat suits, and other protection for the body can avoid chemical spills, burns, and some impacts to the torso area.

This all seems obvious, but many employers do not bother providing workers with equipment that fits or do not provide proper training on using protective equipment. Some employers will use and reuse equipment, to the point it does not provide the protection that it is supposed to be providing.

Contact Our Schaumburg Construction Accident Attorneys

Call our Schaumburg construction accident attorneys at Claim Your Justice to schedule a free consultation at 847-434-3555 to help you if you or anybody you know has been injured at, or while working in, a construction site.

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Liability For The Criminal Acts Of Another

liability

Good afternoon. Welcome to another edition of Claim Your Justice Facebook Live. The last time we had a Facebook Live session, we discussed the liability that may exist for the victims of the tragic Highland Park Fourth of July 4TH shooting. During this session, we’re going to continue to explore when and who may be responsible for the criminal acts of a third person.

There was recently a case that happened down south, I think it may have been Texas, where a cable company worker murdered a customer of the cable company. Sounds terrible. What had happened was, as reported, the worker had done some installation work at this customer’s house, then went back a day later, and committed this murder.

I don’t know if there was an additional robbery or not, but this poor elderly woman was murdered at the hands of this criminal. The family of the decedent sued the cable company arguing different factors that we’ll talk about in a second. The cable company’s immediate response was law school 101, we are not responsible for the criminal acts of a third person. That’s generally true. It’s been a defense for hundreds of years from the common law era, dating back to England. It’s still defense

Today, hundreds of years later. However, there are exceptions. In this case that we’re talking about in Texas, the jury found that the cable company was liable for the criminal acts of this installer.


 

 

 

 

As I understand it, it came out at trial that the installer who committed this murder had a previous criminal history, which in and of itself is not bad. Not a reason not to hire the person. However, if the person has a violent criminal history, you don’t put them in contact, face to face with the customer. Maybe you make them a call center worker or an engineer in the technical support department. There were also facts as I understand it, that the person who was charged with this murder had previous complaints about unusual activity at customers’ houses.

It was determined that the company didn’t do enough to protect its customers, didn’t do significant background checks, and perhaps didn’t do significant oversight and supervision of the worker. Nor did they properly investigate previous complaints about this employee, and thus they may have put this person in the wrong position with customer contact.

There was a big jury verdict against the cable company, which I’m sure will be appealed. The purpose of this conversation today is to let you know that sometimes, even when you think there may not be a case, you should ask. You should call Claim Your Justice. Let us answer your questions about the potential case for you. There are several factors we’re going to talk about, the best way to reach out is by calling 847-434-3555.

Can A Business Be Held Liable For The Acts Of An Employee?

So, the question becomes when is it foreseeable that a business can be held liable for the criminal acts of another? Let’s talk about a common setting, let’s say you travel, you may travel for work, you may travel for pleasure, you may travel for a family celebration. You’re in a hotel, and some creepy employee of the hotel acquires the master key, and he breaks into your room and commits a sexual criminal act, and you want to sue the hotel. You are going to sue the hotel and say, you’re responsible because you didn’t protect me. There is a special relationship as a business invitee into the hotel, that you need to protect me.

Sure enough, the first thing that the hotel is going to say is “we’re not responsible for the criminal acts of another”. However, maybe they hired this person with a criminal record, or maybe the hotel did not do a proper criminal background check. Was it foreseeable based on previous complaints from other hotel guests, that this person was surveilling rooms? Enter a room maybe once before?

I understand the labor market out there is tight, but that is no excuse. Was there proper security? Did the hotel properly secure access to the keys to only those supervisors or employees who needed access to the keys? Why would a maintenance worker perhaps that’s off shift, get access to a key? Did the hotel have proper security cameras in place so that this can be monitored? Were there proper locks on the hotel doors, so that even if a hotel worker had a key, the guest could flip the latch? I’ve stayed in hotels before where the latch does not work. If the business doesn’t have sufficient safety measures and considers what may be foreseeable, there certainly may be a case against them.

It’s a very fine line, many of these violations are traumatic, you’re talking rapes, you’re talking robberies, other violent offenses, and possible murders. So, the question is not automatically answered, it’s a blurry issue to decide. Facts need to be developed; evidence needs to be preserved. That’s why, G-d forbid, if something like this happens to your family members, it’s important to call Claim Your Justice right away, so that we can investigate the case, file any necessary preservation motions with the courts to secure evidence, and make sure that if someone’s going to be responsible for your loss, we get to the bottom of it as soon as possible, to preserve the evidence rather than wait six months, one year, year and a half later, when it never works.

Lawsuits Against Law Enforcement

During the recent shooting in Uvalde, Texas, I saw in the news that there is going to be a multibillion-dollar lawsuit filed. I can imagine that the police department and the police officers are going to be a target of that. In addition to gun manufacturers, the company that installed the locks on the school, and whoever else may potentially hold liability. I think there were 17 children and two adults killed in that murder, a violation by one criminal teenager. It’s on video what he did. The question is, was every necessary, reasonable security measure taken by the school? The issue turns back to, when can another person or a company be held liable for the criminal acts of a third person.

You could imagine that if a person walks down the street, and smacks another person as you see on videos regularly these days, you can’t sue the police department for not monitoring that particular street. However, if it happened on a metro transit system, did they have proper security guards staffed at the time? Studies have been conducted by consultants that say you need five security guards on this particular train platform, and maybe they only had one, or maybe the training was insufficient for the security.

Contact Our Personal Injury And Wrongful Death Attorneys

Just because something happens and you think there may not be a liability, I encourage you to call Claim Your Justice at 847-434-3555.

Whenever something happens to you, a family member, or someone you know, involving a work injury, a truck injury, wrongful death, or medical malpractice, reach out, there’s no fee unless we win your case. Thank you for tuning in to another session of Claim Your Justice Facebook Live.

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How to Help Your Personal Injury Lawyer Win Your Case

personal injury

When you have a personal injury case, you should be looking for an attorney who can help you in every way possible. That is a good idea, and yes, some attorneys can help you more than others can. Claim Your Justice has the attorneys you are looking for. There are things that you can do to help your personal injury attorney.

What Can You Do To Help Your Personal Injury Case?

You may not be an attorney, and you may have no legal training or knowledge. That’s OK; nobody expects you to walk into court and conduct your own personal injury trial. But there are some common sense things that you can do to help your personal injury attorney win your case or get the result that you want.

Take Pictures and Gather Evidence

Your personal injury attorney (or any experts they may hire) will do most of the necessary investigation for your case, and collect most of the evidence that you will need to win your case. But there are also things you can do, especially at the time of the accident, that can help.

Taking pictures and videos of the accident scene can be a huge help in winning your case. If possible, and if you physically can, take pictures and videos of everything related to the accident, and the scene surrounding the accident, no matter what kind of accident it is.

For example, if you are in a car accident, do not just take a picture of the cars—take a picture of skid marks on the road, or parts of the car that may have fallen off and are lying on the roadway, and pictures of the inside of your car, as well.

These pictures not only tell the story of what happened to you, but if there is a dispute about what happened, these photos may have clues to help your attorney or an expert win your case.

Collecting evidence includes contact information for potential witnesses if you can gather this information. Giving your attorneys the names and contact information of witnesses who have seen your accident, observed your pain or your disability, and can testify as to what you have gone through can go a long way to winning your personal injury case and maximizing your recovery.

Save Evidence – We know what you are thinking, you are the victim-what evidence do you have? But often, accident victims do have crucial evidence, evidence that is often, accidentally, thrown away or destroyed.

Examples of evidence that an injury victim may accidentally destroy include:

  • Shoes and clothes from the day of your accident, which could have debris, blood, tears, or other information that may be evidence in your case
  • Electronic data, like emails, videos, or pictures from the accident, or which detail your injuries of the accident itself
  • Damage to cars by repairing your car before the insurance company or your injury lawyers have the chance to investigate it
  • Products that may have caused you injury

Saving these items, and anything related to your accident or injuries, and giving them to your attorneys can go a long way toward helping your injury attorney win your case.

Additionally, throwing away this kind of evidence can have negative consequences for your case—the court can sanction you, and the last thing you want is to be accused of destroying valuable evidence by the defendant. Sometimes this is referred to as spoilation of evidence.

Get Medical Treatment – Many people do not seek out the medical treatment that they need or follow their prescribed course of treatment. Getting medical treatment does not just help you, it helps your attorney and helps your case.

Why don’t victims get the medical treatment that they may need? Some may feel like they cannot afford medical treatment. Maybe they are “too busy,” or in denial about the severity of injuries. Some may be afraid of taking medicine or undergoing recommended procedures.

Failing to get medical treatment is one of the biggest mistakes a victim can make. Aside from the consequences to your own health, your attorney has no way to tell a jury, a defendant, or the insurance company what you have gone through, and the severity of your injuries, when you have not gone to the doctors you were supposed to or when you are not following your doctors’ recommendations.

Update Your Lawyer About Your Treatment

During the course of your treatment and depending on the severity and type of your injury, you may visit many different doctors. Even if you do not visit multiple doctors, you may go to immediate care facilities, therapists, or diagnostic centers to take scans or X-rays.

You would be surprised how many victims go to multiple doctors, but they never tell their lawyers. Every time you go for therapy, for a scan, or a test, you should let your injury attorney know, so your attorney knows where to get those records.

Keep a Log or Journal of Your Experiences

During the course of recovering from your injuries, you may have good days and bad days. You may find that you have so many painful events and feelings, both physical and mental, that it may be hard to recall them all later on. This is especially true if you recover or heal a bit more as time goes on—it can be easy to forget or just minimize or overlook effects, feelings, or things that happen in your life, which will really paint a picture to the jury or to the defendant, of just how badly your injuries affected you.

Do not leave these important details about your case to your memory; you can help your injury attorney (and yourself) tell your story later on if you keep a journal or a log of all of your pain, difficulties, frustrations, sadness, and disabilities and give it to your attorneys. We sometimes refer to these as “day in the life” journals.

Communicate With Your Lawyer

Yes, many injury victims who choose the wrong personal injury attorney complain that their attorney never calls them or communicates with them. But a good personal injury attorney wants to hear from you and get updates about how you are doing.

You should update your lawyers on your progress periodically. Often, lawyers do not have needed information because the only way they can get that information is from you, the client, and clients may not be diligent in calling every now and then to give their attorney updates on their lives.

Let your lawyers know things like hearing something from a witness, if you are in an especially great amount of pain, or if there is a medical bill collector calling you.

If you have a question, like whether to sell the car that was involved in your accident, whether you should post something on social media, or what your upcoming deposition will be like, you should reach out and speak to your lawyers.

Get Requested Documents

During the course of what is known as discovery, the other side (the defendant) is entitled to ask you to produce documents.

These may be documents that show your injuries, your medical expenses, your lost wages, or any other part of your case or injury. Your lawyer will let you know what the other side wants you to produce, and what you legally need to produce.

Some of the documents your lawyer will already have and will produce for you, but for some, your attorney will need you to produce the necessary records or documents.

There are time limits to produce these documents and you can be a huge help to your attorney by getting documents to him or her as quickly as possible. Remember that some documents you may need to request from others, like bank statements, or medical bills, so as soon as your attorney asks you for a document, it is good to begin working on getting it.

Avoid Social Media Posting

No, you do not need advanced approval from your personal injury attorney before you post anything on social media. But you can help your attorney incredibly, by being mindful of what you post online.

Just a single picture or video can portray the wrong image for you, and the defendant and its insurance company will see those images and what you write with them. If you have any doubt as to whether it is a good idea to post something, ask your attorney.

Be Honest

This sounds obvious, but you should never lie or stretch the truth to your attorney. Your attorney cannot help you overcome the “negative” parts of your case or anticipate defenses the other side may bring up if you are not honest about what those negative things are.

Your attorney cannot win your case if they are surprised at something the other side says, which you knew to be true, but did not say it to your lawyer.

There is likely nothing you will say to your injury attorney that they have not heard of or dealt with in prior cases. Be honest with your attorney about everything, including the facts of the case, your pain, and your medical treatment, so that your attorney knows exactly how to manage your case and what to expect in trial.

Contact Our Schaumburg Personal Injury Lawyers

Call our Schaumburg personal injury attorney at Claim Your Justice to schedule a free consultation at 847-434-3555 to see how you and your attorney can help each other get the best result possible in your personal injury case.

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Liability In The Event Of A Mass Shooting

mass shootings

Good afternoon. My name is Keith Shindler. Thank you for taking some time out of your day to listen to our Facebook Live session. The purpose of the Facebook Live sessions is to help our clients, in any situation, learn how to Claim Your Justice.

You can reach us at 847-434-3555, or visit us on the internet at our website claimyourjustice.com. Feel free to send us an email if you have any questions that you’d like to submit to us. You could also reach out to us through Facebook.

Today, I want to talk about a very difficult subject. On July 4th, more than a month ago, we had a terrible incident in Highland Park, Illinois, during an Independence Day Parade, where a mass shooting occurred. Seven people were tragically killed, many others were physically injured, and many beyond that were psychologically and mentally injured.


 

 

Who Is Liable For A Mass Shooting?

My part of the job, in addition to being very sad about all of the events that occurred and all the people that are negatively affected, is how can I help someone Claim Your Justice? The question arises, and it’s a difficult and sensitive subject, but who may be liable to pay for the people’s damages that suffered psychological injuries, need counseling, as a result, have some PTSD or other type of diagnosis, who’s going to pay for medical bills, pain, suffering, and disfigurement.

Of those that were tragically physically injured, some have undergone many surgeries. Most of us know the story of the young boy that is paralyzed as a result. Of course, those sadly and tragically taken from us were killed. You would generally think the first reaction is that no one is responsible for the criminal acts of a third person because generally, those criminal acts are not foreseeable.

We’ll talk in two weeks about a recent event that happened where someone was sued for a repairman entering a customer’s house, an 83-year-old customer’s house, and killing her, and why that person was responsible. Some of the same legal analysis applies. Anyone who’s going to be named or targeted as a defendant in a civil case will say, I’m not responsible for the criminal acts of this mass murder, and therefore, I’m not financially liable for any of the injuries that you’re claiming whether it’s wrongful death, a survival action, medical bills, disfigurement, future medical bills, pain and suffering, lost wages.

First Of All, Who Could Potential Targets Be For Liability?

Well, the number one potential target could be the person or company that sold the weapon to this alleged mass murderer. If there’s a civil action brought, the gun companies are going to say there is a liability statute that protects them from these types of actions.

However, that has been pierced a couple of times, and I’m sure it’ll be challenged again in this particular incident. You also have potential liability for the people who were promoting the event. Why? Because they may have been responsible for providing security.

Then the question becomes, what is the level of security that they should have provided? I don’t think it’s foreseeable that the event promoter should have had people on the roofs of the local buildings looking out for potential terrorists or mass murderers, but it’s arguable, right?

You could also have the owners of the buildings where this may have occurred if they didn’t properly secure their building, of course, the owners of the buildings are going to argue they’re not responsible. Again, criminal conduct is not foreseeable. Don’t hang it on us. I would understand that argument. But the fact of the matter is I’m developing theories that may work to help clients recover monetary damages for their losses.

If the event promoter hired a separate security company says that if the event promoter is Company A, and they say we put on events, we don’t provide security, they hire a security Company B to provide security, then similar arguments may be applied to those companies to say, hey, security company, what did you secure, it wasn’t so secure.

Are There Claims Against Law Enforcement?

Sadly, there may be some liability claims against law enforcement, if there were incidences where allegedly law enforcement should have known that this person was a danger to society and should have arrested the person. I don’t know that that applies in this case, I’m not sure that it does, but it’s potential targeting of defendants in these civil cases.

Are The Parents of The Shooter Liable?

There may be claims of liability made against the parents of this person, the liability theory would argue, hey, parents or relatives, did you know that this event was being planned? Did you have reasons to know that this event was being planned? If so, you should have notified the police. Again, I don’t think that that applies here. All of these are allegations, we’re just talking about possible potential theories of liability.

Can An Employer Be Liable?

Let’s say that the shooter was an employee of a company, and he was doing some type of work in the area while clocked in and committed this offense. Well, you would target the employer to say, you hired this employee, you may have had reason to know he was a danger. You let him work in an area that was populated with people enjoying and celebrating the patriotism of our country, Fourth of July, the employers will say I had no foreseeability.

Can A Hotel Or Motel Be Liable For The Actions Of A Guest?

Many years ago in Las Vegas, a Las Vegas hotel was sued. I believe the claim there was that the person who was the shooter was in his room for a certain number of days, didn’t come out, and the maid may have gone in, I don’t remember the exact arguments there, but certainly, those arguments were asserted.

Can A Mental Health Professional Be Liable For A Mass Shooter’s Actions?

You may have a cause of action against a mental health care provider that if a person who was accused of a mass shooting was under the care of a mental health professional, there may be an argument like the mental health care professional, I know that the sanctity of the privilege between the doctor and the patient is sacrosanct. However, sometimes that can be pierced if there’s knowledge of imminent harm or a threat of harm.

Can A Straw Purchaser Be Liable?

Lastly, you have something called a straw purchaser where a person who wants to use a gun and should not be using the gun and cannot legally buy the gun themselves, ask a third party person to buy the gun for them. Well, that straw purchaser certainly may be on the hook for that.

Recap On Mass Shooter Liability

So, these are very sensitive subjects. I felt a little uncomfortable bringing this up and having a conversation about it. I wanted everyone to know that you have got to be thinking about potential ways to recover money because injuries happen to innocent people. Sometimes innocent people are not able to collect the monetary compensation that they should to properly value their injury.

Contact Our Schaumburg Personal Injury And Wrongful Death Attorneys

I’m giving you some ideas on how we would evaluate cases like this. If you, a family member, or anyone you know is injured in a car or truck, any type of work-related accident, slip and fall, reach out to Claim Your Justice. Call 847-434-3555.

Let us explain your rights. We’ll explain how the representation works. There’s no fee for our services until we win your case. Thank you for taking time today to listen and have a great rest of your week.