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How Is Wrongful Death Proven In Illinois?

wrongful death

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, our wrongful death lawyer in Schaumburg at 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, but res ipsa loquitur allows 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 Schaumburg at 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

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, our Rolling Meadows car accident attorney can 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

A rear-end crash happens 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 a comparative negligence law for 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, our Rolling Meadows car accident attorneys may help you receive compensation for your injuries, so call (847) 434-3555.

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How To Recognize And Avoid Aggressive Dogs

dog bites

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?

back injury

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?

train accidents

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.

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What Causes Most Car Accidents In Illinois?

car accident

The National Highway Traffic Safety Administration (NHTSA) reports that auto accidents are a leading cause of fatalities in the US. Sadly, serious motor vehicle accidents are also common in Illinois. Illinois has some of the busiest interstate highways in the US, and Illinois saw 295,604 auto accidents in 2021 alone and 1,341 fatalities.

This article contains essential information about the causes of Illinois car accidents. If you were recently seriously injured in a car accident caused by another person, call NOW our Rolling Meadows car accident attorneys at SJ Injury Law for legal help.

Key Illinois Car Accident Data From 2019

The Illinois Department of Transportation released a report recently for 2019 about car accidents in the state. Some of the key findings are:

  • There were 312,988 motor vehicle accidents in Illinois in 2019, and 20.4% resulted in injuries (63,834), while there were 938 fatalities.
  • Crashes involving pedestrians were 1.5% of all 2019 crashes in Illinois.
  • Crashes involving cyclists were less than 1% of all crashes.
  • 89,133 people were injured in Illinois auto accidents in 2019, and 9,685 had significant, incapacitating injuries.
  • The most crashes in 2019 occurred on Fridays – 45,230 – and the days with the least were Sundays – 31,608.
  • 138 motorcyclists died in motor vehicle accidents in 2019.
  • Speed-related crashes were 33.4% of all accidents and 39.2% of fatal accidents.
  • Crashes involving commercial trucks were 3.8% of all motor vehicle accidents and 10.7% of fatal accidents.
  • Crashes involving deer were 5.2% of all 2019 crashes.
  • 80% of fatal motor vehicle accidents occurred on dry roads.
  • 49.7% of fatal accidents happened in the daytime.

Driver Fatigue

Drowsy driving is one of the most common causes of Illinois car accidents. Being tired behind the wheel can lead to impaired reaction time, judgment, and situational awareness, all of which increase the chances of an accident. Fatalities from drowsy drivers led to 633 fatal crashes in Illinois in 2020 alone.

Speeding

Speeding is another common reason for severe and fatal accidents in Illinois. Drivers who travel above the speed limit are much more likely to be in serious accidents. When cars are traveling too fast, it takes longer to stop, leading to deadlier and more devastating crashes.

Impaired Driving

Drunk driving has been pinpointed as one of Illinois’s top causes of fatal auto accidents. This means driving a motor vehicle in the state with a BAC of .08% or higher, but impaired driving also can be caused by drugs with equally deadly effects. Also, the NHTSA reports that approximately 50% of fatal auto accidents in the state involve alcohol. In Illinois, there were 1,194 fatal car accidents because of impaired driving.

Distracted Driving

Distracted driving is also a serious cause of accidents in Illinois. This refers to any activity that takes one attention from driving and includes texting and driving, talking on a cell phone, eating, drinking, changing the radio, and talking to passengers. Distracted driving can be just as dangerous as DUI and has been identified as a severe risk in Illinois for years.

The NHTSA reports that distracted driving from cell phones was a factor in almost 30,000 accidents with injuries nationally. The situation is even grimmer in Illinois, with 20% of fatal accidents related to driver distractions.

Hazardous Road Conditions

Dangerous conditions on Illinois roads are also a significant cause of accidents. Many roads in the region are not maintained as well as they could be, leading to obstructions and obstacles. These accidents also happen often in construction zones in the Chicago region.

Common Types Of Car Accidents In Illinois

It is also essential to know the most common types of car accidents in the state. By understanding the types of accidents that happen the most, it might be possible to avoid many incidents:

Rear End Crashes

Rear-end collisions are the most common auto accident in the US, with more than 40% of annual crashes caused by this type. A rear-end crash happens when a vehicle hits the car in front of it. These types of crashes are more likely to involve multiple vehicles when the car in front strikes the one in front of it. Many rear-end crashes can be avoided by avoiding distracted driving, including texting and driving.

Head-On Crashes

Head-on crashes are prevalent in rural areas of Illinois on two-lane roads. Some drivers try to pass traffic and misjudge the speed at which oncoming traffic travels. Head-on crashes caused 10.2% of all fatal auto accidents in the US in 2016.

A head-on crash happens when the front of one car slams into the other’s front end. This kind of crash also occurs when a driver enters a one-way street in the wrong direction. Most of these accidents are severe because of the combined speed of the involved vehicles.

T-Bone Collisions

At busy Chicago intersections, one car may not stop when it should, which causes a T-bone collision. Side impact crashes are common across the country and can be deadly because the doors of vehicles do not have as much ability to absorb impact as the vehicle’s front and rear.

Sideswipes

Sideswipe accidents happen when two cars going in the opposite or same direction contact each other. For example, one car may rub against the side of a vehicle that is parked on the side of the road, or a moving car in the next lane. Sideswipe accidents also are common between a moving car and stationary objects, such as trees or telephone poles.

Turning Accidents

Left-turn accidents are common in Chicago when the turning vehicle must yield to oncoming traffic. This maneuver requires the driver to judge the oncoming vehicle’s speed, and accidents often result.

Right-turn accidents are less frequent, but can happen between pedestrians and vehicles, especially at unusual intersections. These Chicago intersections include Stony Island, South Chicago, 79th Street, Irving Park, Milwaukee, and Cicero. In addition, when the right turn is not at a standard 90-degree angle, confusion can lead to crashes.

Illinois Car Accident FAQ

You may have many questions if you have been in a car accident in Illinois. Below are some of the most common car accident questions we receive:

When Should You Contact A Car Accident Attorney?

If you are in an accident with injuries, it is wise to contact us at SJ Injury Law as soon as possible. We will investigate the accident and determine if you have a claim.

Should I Go To The Doctor After A Car Accident?

It is always smart to be checked by a doctor after a car accident. It can take a few hours or even days for your injuries to become apparent. If you wait, the insurance company may argue that your injuries are unrelated to the accident. One goal of SJ Injury Law is that you receive all the medical treatment necessary for your injuries.

What If The Other Driver Does Not Have Insurance?

In Illinois, drivers are required to have insurance for underinsured or uninsured motorists. If the other driver is uninsured, your attorney can help you file a claim with your insurance company.

What If I Was Partially At Fault For The Car Accident?

Illinois is a comparative negligence state, so you can still file a claim against the other driver if you were less than 50% liable for the accident. However, you are barred from a financial recovery if you are more than 50% responsible.

What Is The Statute Of Limitations For Filing A Car Accident Lawsuit?

In Illinois, you have two years from the accident date to file a lawsuit for personal injuries. The limit is five years for a property damage lawsuit. If a person younger than 18 years old is injured, special rules apply. Call SJ Injury Law at (847) 434-3555 to protect your rights.

When Are You Required To File A Crash Report In Illinois?

The law requires a driver to file a crash report for a death, bodily injury, or a minimum of $1,500 of property damage if all drivers were insured. The minimum is $500 for property damage if only one driver is insured.

What Are The Minimum Auto Insurance Requirements In Illinois?

In Illinois, you must have liability insurance to drive a motor vehicle in these amounts: $25,000 for a single person’s injury or death, $50,000 for more than one individual’s injury or death, and $20,000 for property damages.

Who Can Be Held Responsible For My Injuries?

Any individual, company, or governmental entity that was negligent and caused you harm in a car accident can be held responsible. In most cases, the negligent driver is liable for the harm caused, but their employer could also be responsible if the driver was working during the accident.

Can I Sue Someone Personally For My Car Accident Injuries In Illinois?

Most car accident claims and lawsuits are settled with the insurance company representing the liable driver. This benefits many accidents because the case can be concluded faster with an insurance settlement than a civil lawsuit against the responsible driver. However, lawsuits are possible if you have serious injuries or the insurance company offers a minimal settlement. Your car accident attorney at SJ Injury Law will review the case to determine if filing a personal lawsuit is in your best interest.

Contact Our Rolling Meadows Car Accident Attorneys Today

If you were hurt in a car accident in Illinois, you could be saddled with medical bills and out of work. However, when another party causes the accident, our attorneys can help. Please contact our Rolling Meadows car accident attorneys at SJ Injury Law at (847) 434-3555.

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Conditions That Contribute To Motorcycle Accidents

motorcycle accidents

Motorcyclists deal with many hazards when on the roads in the Schaumburg region and throughout Chicagoland. Because motorcycles have a much smaller profile than cars, you have a much higher chance of being in an accident because of the conditions and factors outlined below. If you were in an accident recently with injuries, our motorcycle accident lawyers in Schaumburg at SJ Injury Law can help.

Bad Weather

Bad weather in Illinois can be a problem for all drivers, but even worse for motorcyclists. You should use extra caution when operating your bike in bad weather and slow down accordingly. Other drivers could lose control in wet weather, so always drive defensively on your motorcycle and pay attention to other drivers’ actions.

Failure To See The Motorcycle

The most significant reason motorcycle accidents happen is other drivers simply fail to see the motorcycle. The best advice to motorcyclists is to assume other drivers cannot see them and behave accordingly. Unfortunately, about 70% of motorcycle accidents occur at intersections because other drivers do not see the biker. This is also a frequent occurrence on the highway when people change lanes or just stop in traffic. You can make yourself more visible on the road by wearing bright-colored clothing, using your headlight and turn signals, and never sitting in another driver’s blind spot.

Uneven Roads

Car drivers may barely notice when a road is uneven, covered in gravel, or even railroad tracks. But motorcyclists need to be on alert for these road hazards because it is easy to lose control. If you are hurt because of a road hazard, your Schaumburg motorcycle accident lawyer can see if the state or local government that maintains the road can be liable.

Cars Making Left Turns

One of the most common causes of motorcycle accidents is drivers making left turns. It is much harder to see an oncoming motorcycle than a car, so some drivers turn into the motorcyclist’s path. Cars that make left turns can easily hit a motorcyclist on a straight road or in an intersection. These accidents often happen because of driver distraction, poor visibility, and speeding.

You can help to avoid these accidents by using caution when seeing an oncoming vehicle slowing down to make a turn. Be prepared to stop suddenly if the other driver does not see you. Also, ensure that your headlight is always illuminated.

Head-On Accidents

Almost 60% of motorcycle accidents happen because of head-on crashes. These tragedies can occur when either driver is going too fast and cannot slow down or avoid the crash. Many of these incidents happen because the other driver does not see the motorcyclist, so wear bright colors and always use your headlight.

Reckless Driving

Reckless driving is one of the most common conditions that leads to motorcycle accidents. If another driver was reckless in one of the following ways and caused an accident, you could receive compensation in a personal injury lawsuit. Even if you were partially at fault, Illinois’ comparative negligence law means you can still collect compensation if you were less than 51% at fault:

  • Speeding: All motorcycle crashes’ severity is greater when someone is speeding.
  • Alcohol or drug use: If another driver is under the influence of drugs or alcohol, accidents are more likely, and if you were on your motorcycle at the time, you could have severe injuries.
  • Not wearing a helmet: You are not required to wear a helmet on your motorcycle in Illinois, but you should. The National Highway Traffic Safety Administration states that helmets are 37% effective in avoiding motorcycle rider fatalities in accidents.

Taking Curves Too Fast

This is a common issue that new motorcyclists have: taking curves too fast. Slowing the motorcycle enough so you can safely navigate turns is critical. If you take the turn too quickly, you can lose control, leave the road, or even drift into oncoming traffic.

Lane Sharing

Some motorcyclists like to share lanes, but it is hazardous without staggering the riders. There is a high risk of a crash involving more than one biker if one has to swerve to avoid a road obstacle. Also, riding side by side increases the chances of hitting each other. Providing more staggered space when lane sharing reduces the chances of serious accidents.

Faulty Equipment

Every motorcyclist is responsible for ensuring their bike is in good mechanical condition. However, some motorcyclists let their brakes or tires wear too much, leading to a higher chance of accidents. That said, sometimes motorcycle accidents happen because of a part failure, which could be the basis of a product liability lawsuit or claim against a mechanical shop.

What To Do If You Are Hurt In A Motorcycle Accident

You can always be cautious on your motorcycle, but sometimes motorcycle accidents are unavoidable. After such an incident, the first thing to do is to check yourself and others for injuries. Motorcycle accident injuries can be severe but could be unnoticeable at first, so it is always wise to call 911 and get medical attention.

If another driver was liable for the accident, there are several things you should do to ensure you get the most compensation:

  • Take photos and videos of the vehicles, damages, positions, and injuries.
  • Get a copy of the police report when you can get it.
  • Obtain witness statements immediately, as well as their contact information.
  • Obtain insurance information for all involved drivers.
  • Finally, have a doctor look you over immediately and note your accident injuries and get the medical treatment you deserve.

What Do Motorcycle Accident Cases Settle For?

Every motorcycle accident in Illinois is different; one settlement can be more than another. However, there are common factors your motorcycle accident attorney will review to determine the potential settlement value. They will look at your financial, physical, and emotional damages from the crash to understand what it could settle for. Major factors that influence the settlement value are:

  • Your motorcycle insurance policy.
  • The at-fault driver’s insurance policy.
  • The extent of the damage to your motorcycle.
  • How much your medical bills and future medical costs are. If you have serious injuries that require months of recovery, the settlement will be higher.
  • What your level of pain and suffering is. Serious injuries involve considerable pain and suffering, and that is worth more.

The best way to estimate a case’s value is to have a motorcycle accident attorney review it at no charge. If you use an online accident settlement calculator, it could seriously underestimate what the case is worth. Each case has too many variables for an online calculator to offer a fair estimate.

How Long Will It Take To Settle My Motorcycle Accident Claim?

The timeline to settle an accident claim varies widely. Your attorney will need to collect a lot of evidence to prove the other party was liable, and that takes time. Also, if you have serious injuries, it may take months for you to reach maximum medical recovery. Therefore, recovering as much as possible before starting settlement negotiations is always best.

If you settle with the insurance company too soon, you risk getting too little money for your injuries and future medical expenses. Most motorcycle accident cases end in settlement, but your attorney will take the case to court if necessary to get the best result.

Who Can You Sue After A Motorcycle Accident?

After the accident, your attorney will determine who was at fault. All drivers on the road owe a duty of care to other drivers, motorcyclists, and pedestrians. This means they must drive as a reasonable person would to ensure others on the road are safe. If a driver breaches their duty of care and hits you, they are liable for your damages. Potentially liable parties in motorcycle accidents include:

  • You: If you rode your bike in a way that caused or contributed to the accident, you can be held partially or entirely liable. However, it is possible to receive compensation in some accidents even if you were partly responsible.
  • The other driver: If another driver drove negligently, they can be held responsible.
  • The bike manufacturer: If there was a fault in the bike or part that contributed to the accident, the manufacturer could be liable.
  • Government agency: Sometimes accidents are caused by government employees or because of poor road conditions, lack of signs, and improper road design. Suing a government entity has unique requirements and necessitates the help of a personal injury attorney.

What About Suing The Other Driver?

In most motorcycle accident cases, the matter is closed once the liable driver’s insurance company offers a settlement amount you agree with. After you sign the settlement agreement, there is no turning back, so make sure you are happy with the amount you receive in the agreement. If you want more money, you should file a lawsuit. They will inform you if there is a chance to take the case to litigation and get more money.

Contact Our Motorcycle Accident Lawyers In Schaumburg

Were you hit by a car on your motorcycle? You could have serious injuries and be out of work for months, so talk to an attorney to find out if you have a case. Our motorcycle accident lawyers in Schaumburg at SJ Injury Law can review your case, so call (847) 434-3555.

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How To Help Your Attorney Win Your Slip And Fall Case

slip and fall

Slip and fall accidents happen often, especially when the weather is wet or icy in Schaumburg and the greater Chicago area. When you go on errands or to work, slipping and falling is not at the top of your mind, but it can happen, and sometimes it is not your fault.

If you are injured in a slip-and-fall accident, it is not enough to say that the property owner caused it. Instead, you must prove that the property owner did not act reasonably and that failure led to your injuries. Learn more about how to win a slip and fall case in this post, then speak to our Schaumburg slip and fall lawyer at SJ Injury Law to file a claim.

Illinois Premises Liability Act

The Illinois Premises Liability Act describes property owners’ legal duties to invitees and licensees. Under this law, the property owner can be liable for a slippery surface and similar dangerous conditions on their property if they knew or should have known of the hazardous condition.

Also, the property owners are liable if they should have known the unsafe condition presented a risk of harm. Further, the property owners could be sued for damages if they did not exercise reasonable care to protect invitees from the condition.

For instance, suppose a grocery store customer knocks over a bottle of olive oil onto the floor. The grocery store has a legal responsibility to clean up the spill or otherwise “rope off” the spill area to prevent a customer from slipping and falling. Or, if a homeowner did not clear the ice in front of their house and the ice was the result on an unnatural accumulation, and you fell, you could file a claim against them or their homeowner’s insurance policy.

What Is A Slip And Fall Accident?

Slip and fall accidents are estimated to send over one million Americans to Emergency Rooms annually. Property owners and property operators know they are responsible for keeping their properties and sidewalks safe for consumers, guests, and passersby. You can file a personal injury lawsuit to recover damages when they do not meet their obligations.

However, where you slipped and fell makes a big difference. For example, slipping and falling in your house will probably not allow you to claim that someone else caused your injury. But, you could have a case if you are seriously injured and falling on a slippery floor at the bank or on a wet floor in a grocery store. In either situation, you were theoretically injured on their property, and if the business did not keep a safe environment and you were injured.

How To Prove A Slip And Fall Case

You can pursue a premises liability claim in Illinois when you fall on someone’s property and get seriously hurt. For you to prove that the property owner is responsible for your injuries, the following must be proven:

  • Duty of care: The property owner had a duty of care to you. For example, if you were a business invitee at the grocery store, the store has a duty of care to ensure the property is safe and free of obvious hazards, such as a wet floor.
  • Breach of duty: After you establish the owner had a duty of care, you must prove they breached their duty and were negligent. For example, if there was a wet floor at the grocery store’s entrance and there was no Wet Floor sign, this could be a breach of duty.
  • Causation: After you prove the owner was negligent, your attorney must show their negligence caused your injuries.

How To Help Your Attorney Win The Case

You have the burden of proof in your slip and fall case, and there are things you can do to assist your attorney. You can help your lawyer prove hazard and fault by being completely honest about the circumstances surrounding the incident. ALSO, TAKE PICTURES OF WHERE YOU FELL.

Proving Hazard And Fault

Under Illinois law, you must prove that the condition that injured you was hazardous. Although, it might seem obvious to you that the wet floor at the convenience store was a hazard, convincing a judge or jury is another matter. A condition under the law is considered hazardous if it poses a potential risk of harm to you. For instance, a potentially dangerous condition could be a wet floor, uneven sidewalk, broken stairs, missing handrail on stairs, or an icy walkway. You also have to provide evidence that the hazard caused your injuries.

When you have shown that the situation was hazardous and led to your injuries, some issues could come up in the case to determine fault. Your attorney would need to know if there were any acts of yours that could have prevented you from noticing the wet floor. For example, were you talking to a friend or texting on your phone?

Next, were you legally allowed to be at the property when you slipped and fell, or were you a trespasser? For example, if you were at a place of business during business hours, you were allowed to be there. But if you were there after hours or without the owner’s permission, this could cause problems in your case.

Also, were there any signs that warned you of a hazardous condition? For example, was there a Wet Floor sign at the spot where the floor was slick, and you fell? Would a ‘reasonable person’ have acted in the same way you did in that situation?

All of these points regarding hazard and fault matter in your slip and fall case because you must be less than 51% at fault to recover compensation. This is the modified comparative negligence rule that is followed in Illinois. In addition, the property owner’s insurance company will likely look for a way to hold you at least partially at fault for the accident. So, remember to be honest with your lawyer about your role in the incident. The truth will come out eventually, so if there is a chance you were partially at fault, tell your attorney right away so they are prepared when that comes up.

Should You Sue For A Slip And Fall Injury?

Occasionally, the injuries suffered from slips and falls cause serious injuries. So, you should always consider whether the owner of the property or the store where you were injured was obligated to keep you safe. Some of the potentially responsible parties in a Schaumburg slip and fall accident might be:

  • The local, state, or federal government
  • A retail store chain
  • The owner of an apartment building
  • Shop owners and their workers
  • Someone who owns private property, such as a home

The premises injury attorneys at SJ Injury Law can review your slip and fall case to determine if someone else might be liable. Remember, if someone had a duty to keep you safe, you could hold them responsible for your injuries and losses.

How Long Do You Have To File A Slip And Fall Claim?

In Illinois, you have two years from the date of the injury to file a personal injury claim. However, this time can pass quickly, so you should speak to a premises liability attorney about your claim today.  Call 847-434-3555 now.

How Much Can You Get For A Slip And Fall Case?

Every slip-and-fall case is different, but many slip-and-fall cases in Illinois settle for between $15,000 and $45,000. How much you receive largely depends on your degree of injury, your time out of work and pain and suffering.

You would probably get a smaller settlement if you suffer a strained back from your slip and fall that keeps you out of work for a week. However, if the slip and fall cause you to slip a disc and your back that requires surgery, you can expect a larger settlement for your medical bills, lost earnings, and pain and suffering.

Contact Our Schaumburg Slip And Fall Lawyer Today

Any time you were injured in a slip and fall on someone else’s property, have an attorney review the case. A slip-and-fall lawyer can help you get the best settlement if someone was negligent. First, your attorney will investigate the case to determine potentially liable parties, then they will send a demand letter to attempt to settle the case.

The property owner’s insurance company may not initially offer much money to settle the case. But your attorney will negotiate with them after determining what your claim is worth. Your attorney can take the case to trial if the insurance company does not offer a fair settlement. Most personal injury claims result in a settlement to avoid the cost and time of going to court, but if necessary, your lawyer can take the insurance company to court and win.,

Were you injured in a slip-and-fall accident? An attorney can help you determine if another party may be liable for your injuries. Speak to our Schaumburg slip and fall lawyer at SJ Injury Law at (847) 434-3555.

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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What Happens To Injured Passengers In Motorcycle Accidents?

motorcycle accident

Welcome to another edition of SJ Injury Law Facebook Live. Thank you for joining today. The purpose of our Facebook Live sessions is to educate the Facebook community, these videos are kept on file both on Facebook and other social media sites so that people can view them and get any information they could need to help them when they’re seriously injured in a car accident, truck accident, or today, we are talking about motorcycle accidents. You can reach us at claimyourjustice.com or 847-434-3555.


Last week, we talked about motorcycle accidents. General injuries and mechanics regarding motorcycle accidents. Today we’re going to be talking about when a passenger is seriously injured when riding a motorcycle. In the next session we do, we’re going to be talking about what happens when there are a group of motorcyclists riding and one or more of those motorcyclists are involved in an accident. Remember, loud pipes save lives.

Often motorcyclists have passengers. When the accident happens, and the passenger is seriously injured, what claims can the passenger make?

The passenger on a motorcycle has similar rights to a passenger in a car. They can pursue a claim for personal injuries, generally serious injuries when involved in a motorcycle accident. They can recover their medical bills, and their pain and suffering, which is the biggest component generally.

Disfigurement, which frequently happens in a motorcycle accident, a scar, or G-d forbid a lost limb, are examples of permanent disfigurement. They can make those types of claims. The claims can be made, generally, against whoever’s responsible. We had a case where a young lady was riding on the back of a motorcycle, the motorcyclist lost control of the motorcycle, and the woman skidded along the pavement. As gross as it sounds, she lost her left buttock. The word is avulsed. Those types of accidents happen.

Who can those personal injury claims be asserted against?

Sometimes it goes directly against the motorcyclist who’s operating the motorcycle, sometimes it’s against the car or truck that struck or pulled out in front of the motorcyclist. Oftentimes, you have a combination, where you have maybe the motorcycle driver is partially responsible, and the driver of the car or truck is also partially responsible.

There will sometimes be some tension because it could be the passenger’s boyfriend or girlfriend who’s driving the motorcycle, or it could be some other type of relationship. So sometimes there is a concern about pursuing that person. My advice is always to look to the future. In the future, you’re going look back and say, should I have made that claim? You’re going to want to get the compensation that you deserve for your injuries

Can a claim be made against the passenger’s uninsured motorist carrier?

That’s a great question. The general thinking would be;

“Hey, I’m not in my car. Therefore, I shouldn’t be able to maintain a claim against my own car insurance, uninsured motorist portion of the policy.”

I would encourage you to let go of that negative thinking and let us do our work to show you how we can wrap that uninsured motorist carrier into coverage for the accident, and it would apply when the person responsible doesn’t have insurance. That driver is uninsured, and if you look at the language of most policies, it would provide coverage to the passenger.

You’ve discussed underinsured motorist cases. Can you please explain that again and whether it would apply?

Sure. Let’s talk about the underinsured motorist. An underinsured motorist means that there is a claim for liability. There’s an initial insurance policy limit to attack, which is called third-party coverage, and that policy limit is not sufficient to compensate my client for their injury, pain and suffering, medical bills, disfigurement, wage loss, and things like that.

What happens is that the person who’s injured is now considered underinsured, as the name implies. As we talked about a moment ago with an uninsured motorist, you would be able to attack your underinsured motorist coverage limits for the amount that you’re underinsured in your particular type of injury. Again, we’re talking motorcycles, many of these injuries are very serious.

Contact Our Schaumburg Motorcycle Accident Lawyer

Thank you for listening. Remember, for any serious injuries suffered with an auto accident, truck accident, motorcycle accident, worker’s compensation, or slip & fall, contact us at ClaimYourJustice.com You can reach Jessica, you reach me, and you can reach us at 847-434-3555. Until our next session, have a successful week, and be safe out there. Thank you.

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Schaumburg Personal Injury Attorney Discusses Motorcycle Accidents & Injuries

motorcycle accidents

Motorcycle Accidents & Injuries

Welcome to another edition of Claim Your Justice Facebook Live. Today we’re going to be talking about motorcycle accidents, and the injuries that result from those motorcycle accidents. You can reach us online at claimyourjustice.com, over the phone at 847-434-3555, or on Facebook.


The weather is starting to shift from cold and rainy to warm and sunny. What happens when it gets a little warmer, a little sunny? Lots of motorcycles come out. This topic is perfect for our discussion today because there are going to be more motorcycles out on the road.

Drivers on the roads aren’t going to be used to seeing the motorcycles because they’ve all been hibernating for the winter. The spring months, namely the end of April and early parts of May are when the highest frequency of motorcycle accidents occur, and people are seriously injured.

I love motorcycles, I have friends, family, coworkers, and neighbors who are avid motorcycle drivers. So this is a topic that is very near and dear to me. I’ve had several cases where people have been injured on motorcycles, some not so serious, some very serious, so I take this matter very personally. I want to make sure the community out there knows what to do in the event of a motorcycle-related injury.

Can you explain what loud pipes save lives means?

It’s not a childhood rhyme or riddle. It’s something that a client told me many years ago. I believe in loud pipes save lives.  The motorcycle exhaust system is designed to have something, I think, called baffles on it. That loud noise you hear when a motorcycle passes by is coming from the exhaust system and it’s intended to let other drivers know that a motorcycle is out there. I know some people may think that loud pipes are annoying, but I think the motorcycle community out there should practice “loud pipes save lives” because they do.

How many motorcycle accident fatalities are there per year?

Sadly, it’s a growing number each year. The last year that data was compiled was 2021 and it was more than 6,000. Think about that. Someone goes out in the morning, they breathe in the fresh air. They can’t wait to get on the motorcycle. They go out and their family gets a tragic call that their relative, friend, or family member died in a motorcycle accident. More than 6,000 of those calls were made just in 2021, and the number keeps growing. Especially with gas prices going up and motorcycles becoming more practical.

What steps do we need to take when an injured motorcyclist hires us to be their lawyer?

Once a client contacts us about themselves or a family member who has been seriously injured in a motorcycle accident, we first want to make sure the client is going to get all the medical treatment that they deserve. Sometimes there is so much medical treatment involved, the person needs to be retrained on how to walk, or someone may be paralyzed and confined to a wheelchair. We need to make sure they are taken care of at the hospital, and that they go through rehab.

My primary goal with any client who’s injured seriously in a case like this is to make sure they get the medical treatment that they deserve. If the person is on public assistance there may be some challenges to the extent of the medical services that they’re entitled to. My job is to step in and say, wait for a second, this person is seriously injured and we’ve got to get them help.

Goal number two is I want to secure the motorcycle. So what does that mean? The motorcycle accident happens, the client is taken to the hospital, and the motorcycle is left sitting on the ground for a tow truck to load on a flatbed. The tow truck will take it to the body shop or the tow yard, and leave it there.

I want that motorcycle, I want it for two reasons. Reason number one is you may want to get it tested. Perhaps the cycle malfunctioned because it was out of use over the fall and winter months, they take it out for the first time and perhaps the mechanic didn’t tighten up what they need to tighten up. I want to be able to investigate that because I want to see if I have another target defendant. The second reason is, well we’ve all heard the expression that a picture says 1000 words, and it’s true. However, if I have the motorcycle, and I can see the mangled damage or even some blood spatter from the incident on the motorcycle, I can show that motorcycle to a jury in a potential jury trial.

A picture may be worth 1000 words but the motorcycle could be worth millions of dollars in extra value because the jury could see the devastation that the client may have suffered.

What are the fact patterns you most often see in motorcycle crashes?

I see a lot of intersection cases. A motorcycle accident case we’re representing a client on now was using a left turn pocket, turning onto a street. He’s going southbound and wants to go eastbound, and a driver coming out of westbound traffic on the street is turning eastbound and doesn’t even pay attention. Runs right into our client. Maybe the motorcycle was harder to see, I don’t know. Fortunately, our client was wearing a GoPro.

Another accident I see is a driver in a car or truck switching lanes and there is a motorcycle in that lane they’re switching into and the driver doesn’t pay attention. Maybe they are distracted, maybe the motorcycle was in the blind spot, etc. So that’s another type of frequent situation.

We also have cases where a driver is going too fast and the motorcyclist either slows down or their speed isn’t what the driver of the vehicle thinks, and they run into them from the rear putting the motorcycle down bad. Those are the three most common fact patterns we see. During the next session, I want to talk about the rights of a passenger who’s on a motorcycle when the motorcycle is involved in an accident. We’ve had a couple of cases like that and there are extra additional rights that the passenger will have. Stay tuned for that.

Contact Our Schaumburg Motorcycle Accident Lawyer

Remember, SJ Injury Law is here to protect you, your family, and your friends. Anytime you’re seriously injured in a car, truck, motorcycle accident, workers’ compensation, slip and fall, construction, or any type of incident where you think you’re seriously injured. Contact us at 847-434-3555 or online at claimyourjustice.com. We look forward to the next SJ Injury Law live session. Thank you for your time.