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How To Avoid Spring Cleaning Injuries

Spring cleaning

We may want to do spring cleaning as the weather warms and the sun comes out in Illinois. This is a fantastic way to get your home in order, but you could be injured if you are not careful.

It is estimated that 21 million people visit ERs in the US annually related to spring cleaning and home improvements, but you can avoid being one of them if you take precautions. Follow the tips below to prevent spring cleaning injuries, and contact our personal injury lawyers in Schaumburg at SJ Injury Law if you have questions about a case.

Types Of Spring-Cleaning Injuries

It is essential to use care when doing spring cleaning. That way, you will do a good job and avoid the following common injuries:

Back Injuries

Cleaning is repetitive. Moving furniture, sweeping, dusting, and moving boxes in and out of storage use the same groups of muscles and joints over and over. Consider slowing down and stretching the first 10 times you are not used to heavy spring cleaning.

Shoulder Injuries

Yanking out weeks and other tasks that require pulling can make your shoulders burn and strain. If that happens, your body is telling you to slow down and take it easy. Take a rest and try it again later, or ask for someone to help you.

Falls

Spring cleaning involves a risk of falling. Having someone hold the ladder or watch you do not fall. If the task involves being high on a ladder for a long time, consider having a professional do it.

Stretch

Before you start cleaning, bending, and going up and down the ladder, stretch and warm up your arms, legs, shoulders, and back. This only takes a few minutes and can ward off injuries, especially neck and back injuries. Hold your stretches slowly for 20 to 30 seconds for each exercise.

Don’t Rush

It is easy to become overwhelmed when cleaning your house in the spring. There are gutters to clean, closets to clear out, floors to scrub, and so much more. However, the most common reason people are hurt during spring cleaning is they rush. Spring cleaning properly takes time, so take a breath and go to work methodically.

Instead of pushing through when your back is tired from cleaning for two hours, take a break and sit down. It is better to get the work done without being injured! Also, consider enlisting your partner or children to help you.

Use Care When Moving Furniture

Back strains and sprains are common during spring cleaning. This injury often happens when we move furniture. Use the correct lifting technique, which means bending at the knees and not the back when moving large pieces.

If the piece feels as if it is too heavy and you need someone to help, just wait. Then, you can simply clean around that piece of furniture until someone can assist you. You will be able to work longer if you do not injure yourself lifting a heavy piece of furniture without assistance.

Check For Ventilation

Spring cleaning often means using chemical cleaners for spotless floors, counters, and cabinets. But open windows and doors to let in the fresh air.

It is essential to be careful when you clean with bleach and ammonia. This mixture creates chloramine gas and is dangerous to the respiratory system, nose, and eyes. Getting too much of it at once can lead to severe injury or death. If you are sensitive to chemicals, always wear goggles and rubber gloves.

Also, some cleaning authorities recommend avoiding cleaning products without harsh chemicals. Instead, consider using natural cleaning products such as white vinegar, baking soda, and hydrogen peroxide. These are better for your health and the environment. They also can usually do just as good of a job as harsher cleaners.

Declutter

Making good spring cleaning progress is hard when your home is cluttered. So, take a few minutes to declutter the room you want to clean. This allows you to throw out things you no longer want or need. You also will feel better about your home when it is cleared of clutter and things you no longer need.

Use Care With Large Buckets

According to the US Consumer Product Safety Commission, if you have small children in the house, be aware that large buckets holding five gallons or more are a serious drowning risk. Small children are always curious when they come upon the water. It is easy for a toddler to fall over into the bucket headfirst and be unable to get out. There are cases where a small child has drowned in a bucket with just a few inches of water.

So, never leave large buckets with water unattended when toddlers are in the home. Empty them as soon as you are finished cleaning. Moving them out of the way when finished cleaning also prevents people from tripping on them.

Wear Protective Gear

Ensure you have the appropriate protective gear to stay safe during spring cleaning. This may include sunscreen, gloves, eye protection, long pants, and tough shoes. These measures are even more important when using chemicals and fertilizers in the yard.

It also is recommended to avoid using harsh chemicals and to water things down as much as possible. Using mild soap and water is usually best.

Reduce Tripping Risks

Decluttering is a natural part of spring cleaning. Packing up various items that must be moved or thrown away may be convenient. However, putting piles of things on the floor increases the risk of trips and falls. Keep landing areas and stairs free of clutter.

Do Not Carry Too Much At Once

A busy spring-cleaning day may mean going up and down steps often. Ensure you have one hand free to grab the railing if you fall. Also, be sure you can see the path in front of you when carrying a large load. Getting the job done may take another trip or two, but you will avoid a nasty fall.

Use A Mop

When you need to clean the floor, it may be tempting to get on your hands and knees to get things clean. But you can seriously sprain or strain your back. So instead, invest in a good mop for cleaning floors; a mop is also the best choice for cleaning the bathtub.

Rent A Dumpster

If you have a lot of unwanted items in the house, consider purchasing a rental dumpster to get rid of them. One of these dumpsters will easily fit in your driveway, so you have easy access to the container during your whole spring cleaning day.

Use Ladders Carefully

You may need to use a ladder to clean windows or the tops of cabinets. But be careful! Stay within a reasonable distance when you are on the ladder to avoid a serious fall. Experts say a good rule of thumb is your lower belly should not extend beyond either side of the ladder. It also is safer if there is someone to hold the base of the ladder. Also, ensure none of the ladder rungs or wet and that you have on rubber-soled shoes.

Do Not Forget The Chimney

If you have a fireplace, it is essential to have the chimney inspected by a professional every year. If too much soot builds up in the chimney, it is a fire hazard. There also is a severe risk of carbon monoxide poisoning. This work is usually done in the fall before fire season but can also be done in the spring.

Watch Out For Wet Surfaces

This is an essential tip for every time you clean in the house. We all know slipping on a wet tile or wood floor is accessible. Make sure to stay away from wet floors until they are completely dry.

Also, it is common for other family members to slip on the floor because they did not know it was wet. So, alert other people that spring cleaning is underway. If you have small children, you may need to block access to that room until the floor is dry.

Listen To Your Body

You do not do a thorough spring cleaning every day. So, take a break if you notice something in your arm, shoulder, or back starts to hurt as you clean. It will probably be quite sore later if you feel it during work. It is better to listen to what your body says and take a break as needed. If it prevents injury, there is nothing wrong with making your spring cleaning a multi-day affair.

Contact Personal Injury Lawyers In Schaumburg Today

Spring cleaning is always a busy time and having the house clean feels fantastic. If you follow these tips, you can usually avoid injuries that can happen with spring cleaning, However, if you were injured recently, you could be entitled to compensation if another party’s negligence caused your injuries. The most common personal injuries are in the workplace, car, or in a retail establishment. If that happened to you, our Schaumburg personal injury lawyers at SJ Injury Law can help, so contact our attorneys near Chicago now at (847) 434-3555.

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Beware Of Driving Hazards Spring Weather Brings

Spring weather

Spring often brings sunnier, warmer weather, but there are driving challenges to be aware of. Keep reading to learn about spring weather driving hazards to avoid car accidents. However, if you have been in a car accident because of someone’s negligence, our Schaumburg car accident lawyers at SJ Injury Law can help.

Daylight Savings Time

Government data reveals more car accidents happen when daylight savings time (DST) is in effect. This data shows that deadly car accidents increase by 6% after daylight savings time goes into effect. The ‘spring forward’ change affects when the light is in the sky and how people sleep. Some drivers may be sleepier than they realize in the first few days after DST takes effect.

Fortunately, it is easy to avoid this problem. Ensure you get a lot of rest in the two or three days before and after a time change in your area. It is only one hour’s difference, but it may have more of an effect on your body than you think.

Ice

It is spring in Schaumburg, and flowers are poking out of the soil, so there should not be any ice, right? However, there still can be ice on the roads. The temperature may be well above freezing during the day, but rain in the streets can freeze at night. This may cause black ice, which is hard to see and extremely slick. Assume in the early morning that the roads are slippery and slow down if there is any moisture in the streets.

Flooded Roads

Flooded roads often occur in the Illinois spring. The melting snow and heavy rain can flood almost any street in your area. The smartest way to drive on a flooded road is not to do it at all. Instead, look for a better route if you see a flooded road. There probably are safer routes. If not, stay home.

Many drivers need to realize how powerful and dangerous standing water is. There may be only a few inches of water, but it can quickly make you lose control.

Shoulders

Use caution when driving on road shoulders in the spring. There could be ground erosion, and the spring rains and floods can make the surface softer. There have been cases of cars left on the shoulder sinking into the ground, causing thousands in damage. If you need to park on the shoulder in the spring, keep it as short as possible.

Spring Rains

Rain is a regular visitor in Illinois in the spring, so be aware showers can cause difficult driving situations. Staying safe in the spring rain means slowing down, turning on your headlights, and putting more space between you and other vehicles. Also, always remember just a bit of moisture and oil on the road can make the pavement almost as slick as ice.

Underinflated Tires

During the cold winter months in Schaumburg, your tires can slowly lose pressure. Science tells us for every 10-degree decrease in temperature, car tires may lose one or two pounds of pressure. Drivers unaware of this issue could drive with underinflated tires in the spring and summer. Underinflated tires increase gas usage, and tire wear and make the vehicle more challenging to control in an emergency.

Avoid this problem by checking your tire pressure at the beginning of the spring. If the tires are low, most gas stations have an air compressor to top off your tires.

Animals

There is more animal activity in the spring. For many animals, it is mating season; for others, they are waking from weeks or months of inactivity. Animals are most active at dusk and dawn, so watch out for animals darting onto the roadway.

Pedestrians

As the temperature warms, you may notice more pedestrians and bicyclists. Always slow down when you see a pedestrian and be careful around crosswalks. If the pedestrian has the green signal at the crosswalk, they have the right of way. That means yielding to pedestrians and bicyclists.

Motorcycles

Motorcycles are hard to see because of their size and speed. If you are injured in a motorcycle accident call (847) 434-3555. In a spring rain, seeing them can be even more difficult. So, take a second look in front of you and in your blind spots. Motorcyclists have the same right to the road you do. If you are behind a motorcycle, stay at least four seconds back to avoid an accident. Remember, a minor fender bender can be deadly if the other driver is on a motorcycle.

Potholes

Illinois is notorious for big potholes in the spring. The combination of salt, sand, snowplows, and alternating warm and cold weather is brutal on the roads. The best way to avoid issues with potholes is to avoid them. However, if you cannot avoid an upcoming hole, slow down, then just before you hit the pothole, take your foot off the brakes. This will reduce the speed when you hit the hole, and the suspension will reduce the impact.

Hail

Driving in hail is not just bad for your car’s paint and body. It also is dangerous because of the combination of moisture and ice on the road. If there is any sign of hail, you should pull over in a covered area until it passes. Also, people tend to drive distracted in a hailstorm, so staying off the roads at that time is best.

Large Puddles

Major spring rains can leave big puddles on the roads. If you see one on your drive, it is best to avoid it; you never know how deep it is. Even on a road you know, heavy rain can create new potholes, deepen current holes, and even damage whole sections of asphalt. Even driving through a small amount of water on the road can affect your brakes, so use caution and avoid if possible.

Be Aware Of Severe Weather

There are a lot of heavy storms in the spring in the Midwest. This part of the country sees about 24 significant tornadoes yearly, and spring is primetime for twisters. So pay attention to the weather on the radio before driving and stay home if storms are approaching.

If you see a funnel cloud when you are driving, it is a dangerous situation. Drive away from it at a right angle. But if you are already in high winds, get your car out of traffic. Stay in the vehicle and keep your seatbelt fastened. Get below the windows as best you can, and cover your head. Seeking shelter under an overpass is not a good idea, so always stay in your vehicle until the tornado passes.

Get Your Vehicle Ready For Spring

Now that you know how to stay safe when driving this spring, you should ensure your car is ready for the road. Getting your vehicle ready for warmer weather is another way to be proactive about keeping your vehicle and family safe:

Give The Car A Complete Wash

Roads treated with salt all winter do more than make the car dirty. Salt is corrosive and will make it rust if it stays on the car too long. Look for a car wash that does under-spraying to remove salt from beneath the vehicle.

Watch For Rust

Do you see any signs of rust on your car after the past winter? It is always best to deal with it immediately. Search for tiny brown specks and stains. Also, watch for bubbles in the paint or a moist floorboard.

Small rust spots on the paint surface can be sanded down to the metal then primed and painted. However, taking the car to a body shop is best if you find a larger rust spot.

Put On New Wiper Blades

Ice and snow in winter are hard on your wiper blades. You may notice during a spring rain that your blades are smearing the rain on the windshield, not wiping it. So, replace the wiper blades every spring to ensure they are in the best condition. Then, when the first big storm hits, you will have a clear windshield, which is safer and reduces eyestrain.

Check Your Headlights

Driving in the spring in Schaumburg often means driving in hard rain when you cannot see as well. Good headlights are vital so you can see and others can see you. You should check the headlights, backup, taillights, brake, and parking lights. Many oil change facilities can change these for you while replacing the oil.

Check Tire Treads

Cold, ice, and snow can wear out your tires and cause them to deflate slowly. Check your tires for the correct pressure, tread, and alignment every spring. This also is a good time to check your spare.

Do A Brake Check

Winter is tough on your brakes. Between the ice, snow, and sudden slowdowns during heavy Illinois traffic, you should check your brakes to ensure they are safe. Check the rotors, pads, and brake fluid, or have your automotive professional do it.

Contact A Schaumburg Car Accident Lawyer Today

Were you in a car crash near Wintrust Field, Woodfield Mall, or another site in Schaumburg? Accidents can happen anytime: spring, summer, fall, or winter. You might be entitled to compensation if the other driver was negligent. Our Schaumburg car accident lawyers at SJ Injury Law can help, so contact our Schaumburg personal injury lawyers now at (847) 434-3555.

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Employer Responsibility for Employee Criminal Acts

criminal act

Hello, this is Keith Shindler, back with another session of Facebook Live. Today, we’re joined by Jessica Wong-Barrera. The purpose of these Facebook Lives is to bring to the Facebook community useful information that’s going to help our viewers recover the maximum compensation when they’re injured as a result of someone’s negligence. Sometimes it could also be intentional, but generally, these injuries are the result of negligent conduct.

Today, we’re going to talk about something that was in the news maybe a month ago. What happened, sadly, was a seven-year-old girl was playing on her driveway very innocently. She was allegedly kidnapped by a person who was driving for one of the largest parcel delivery companies in the world. And then sadly, they found that little girl murdered. The question becomes can the family seek justice? If they come to me, I’m going to help them Claim Their Justice.

This is a criminal act of a third party and generally, the law is, and this law goes hundreds of years back, an employer is not responsible for the criminal acts of one of its employees. It could also be an independent contractor. So we’re going to explore a little bit of that today. Remember, if you have any questions that we can help you with regarding serious personal injury cases, reach out to us at 847-434-3555. You could also get us on the internet at ClaimYourJustice.com or reach us through Facebook here.

What is the theory of liability that you would assert on behalf of a client who is trying to hold an employer liable for the criminal act of one of its employees or independent contractors?

There are several theories, one of them could be negligent hiring, one of them can be negligent training, and another could be negligent supervision. These are all legal arguments that are designed to avoid the defenses that an employer would assert in saying “I’m not responsible for the criminal act”

What is negligent hiring?

Negligent hiring. Staying with this example, we see that the employer hired this person or agreed to otherwise contract with this person, and the employer failed to do a criminal background check. Had the employer done a criminal background check, they would have seen that this particular person, hypothetically, had two prior violent felony convictions, or was recently released from prison for a violent felony. We would argue it was negligent hiring in making that person an employee or independent contractor.

Society and I included, all want to give people who served their time a second chance, no problem with that. You have to balance that against the type of activity that that person is performing. So negligent hiring would be failing to do a background check. If you fail to do a background check, you can’t argue that it wasn’t foreseeable, that you didn’t think this person could commit another violent act.

A background check would have shown, hypothetically, that there were two prior violent felonies. If you’re going to hire that person, they may need a little more supervision than just letting them perform the services and duties and job description the same way someone else would with no criminal background. That would be negligent hiring.

Okay, Can you tell us about negligent supervision and negligent training?

Yes, negligent supervision would be that if you have a person that you want to give a chance to, as you should to a person who may have a criminal background, you should supervise that person, you should maybe do a little extra supervision. It could be that the employer has to install a camera in this particular case in the car, or you have to have the person work in a team of two that would otherwise normally be only a team of one doing the job.

You have to provide supervision. If you as an employer want to avoid liability for an accusation as serious as this, then you need to make sure you’re able to protect yourself from the foreseeability argument. In court I’ll say Claim Your Justice is representing this person that was injured by a criminal act of your employee, it was foreseeable what your employee did to my client, and you should have supervised it better, so it will be negligent supervision. What’s next?

Well as you know, this is a very, very sad story. We feel for the young girl’s family. You were talking about the employee and the independent contractor, I thought you said you could only try and hold the employer responsible if the person that committed the criminal act was an employee?

Okay, so we’re talking about the difference between employees and independent contractors. Another defense employers used to use regularly is that we’re only responsible for employees because we provide the tools, the hours, the place for employment, and many other variables.

However, the law has extended to independent contractors to say you need to make sure if you’re having an independent contractor work for you, you do the same type of training, supervision, and hiring checks that you would do if it was your employee.

It’s not going to be an escape hatch for the employer or the person who hired the independent contractor to avoid a theory of liability for the criminal act of a third party. Anything else on your list of questions you want to discuss y’all we have?

If someone else comes to us at CYJ with the same scenario, would we be able to help them?

Yes. That’s why we want to keep educating the Facebook community so that people are aware of their options. Don’t think you’re down and out without a case. Call us it doesn’t take long for me to analyze whether there’s a theory of liability to pursue, and you as the person who’s injured, don’t want to wait, call right away.

We hope you’ve enjoyed the information, and learned from some of the information provided today. Remember, you can reach me or Jessica at Claim Your Justice at 847-434-3555 or ClaimYourJustice.com. Have a nice rest of your week. Bye.

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What Are The Most Common Causes Of Traumatic Brain Injuries?

brain injuries

The CDC reports that traumatic brain injuries (TBIs) are a significant cause of death and disability in the United States. There were an estimated 64,000 TBI-related fatalities in the US in 2020, and many thousands more were permanently injured. When someone’s negligence causes the TBI, it may be possible to obtain substantial compensation in a lawsuit.

This article will teach you the most common causes of traumatic brain injuries. If you or a loved one need legal assistance, the Schaumburg personal injury lawyers at Claim Your Justice can help with your TBI case.

Construction Accidents

Construction workers are at one of the highest risks for traumatic brain injury. This is because construction sites are more hazardous than many workplaces, such as offices and retail stores. There is a lot of heavy machinery and workplaces at heights. As a result, the construction area environment lends itself more readily to severe injuries, including head trauma. Common causes of TBIs at construction sites include:

  • Falls: Falls from height were responsible for at least 50% of all job-related TBIs last year. The CDC states that common causes of falls and TBIs at construction sites are falls from roofs, ladders, and scaffolds.
  • Vehicle accidents: Traveling to and from a construction site puts you at a higher risk of accidents. There also is vehicle traffic on site, a common cause of traumatic brain injuries. Construction zones also contain many obstructions and large objects that make it harder to spot danger.
  • Object strike: Construction materials are often being moved around on construction sites. For example, metal beams and other building materials must be moved. These activities put workers at higher risk of injury.

Workers at construction sites can reduce their chances of injury by using fall protection protocol, always wearing a hard hat, and being aware of one’s surroundings.

Falls

The CDC reports that falls due to tripping and slipping accidents can often cause traumatic brain injuries. It is estimated that more than 1 million Americans are admitted to ERs every year because of significant injuries from slip-and-fall accidents.

TBIs are one of the severest types of injuries in falls. TBIs in falls can range from mild to severe and may cause severe disability for the accident victim. Some of the reasons slip-and-fall accidents lead to severe injuries such as TBIs are:

  • Slippery floors
  • Uneven sidewalks and other walking surfaces
  • Debris and clutter
  • Poor lighting
  • Ice and snow
  • Stairway accidents
  • Loose electrical wires and cords

Auto Accidents

Motor vehicle crashes cause many traumatic brain injuries annually. During a crash, you will probably be subjected to severe, sudden, and violent movements. This can slam your head into the steering wheel, windshield, dashboard, or window. Also, the sudden movements can slam the brain into the inside of the skull, also causing injury.

A direct blow to your head in a car accident can bruise the brain and damage the delicate internal blood vessels and tissue. Note that your head trauma will differ depending on where the vehicle was struck. For example, if your car is T-boned on the right side, the left side of your head may slam into the driver’s side window. Most cars now have side-impact airbags, but these violent collisions still frequently cause TBIs.

Note that the skull is only about 1/4” thick, so a violent impact in a car accident can cause a severe and catastrophic head injury. If it happens, you will need ample compensation for your recovery.

Medical Malpractice

Medical errors can lead to traumatic brain injuries. One of the most common is an anesthesia error. These mistakes can cause a brain injury in these situations:

  • Dosage error: The anesthesiologist may provide too much anesthesia to the patient, who may stop breathing or go into cardiac arrest. Both problems can interrupt blood flow to the brain, which can cause severe brain damage. A common issue with dosage errors is damage to the area of the brain that controls vision, potentially leading to blindness.
  • Failure to monitor the patient: When a patient is under anesthesia, they must be carefully monitored. If not, there can be irreversible brain damage.
  • Failure to administer oxygen: If the patient receives the incorrect oxygen concentration, there can be brain damage.
    Other medical errors may lead to traumatic brain injuries, as well:
  • Medication errors: Giving a patient the wrong or incorrect amount of medication can cause seizures, an allergic reaction, or a heart problem that can reduce blood flow to the brain.
  • Surgical mistakes: A mistake during surgery can affect oxygen flow. But errors during a brain procedure can cause scarring, blood clots, and other damage.
  • Failure to diagnose: If the doctor does not diagnose a serious condition and it worsens, it can lead to a severe medical error. Sometimes, these mistakes can cause brain damage.

Some possible brain injuries from medical mistakes may affect your memory, thinking, communicating, balancing and sensation, and emotions. Some patients never recover full brain function in a medical malpractice case.

Assault

The last case type of traumatic brain injury is assault or physical violence. There is always a chance of a head injury when there is assault or violence. For example, a crime victim could suffer a head injury in an assault, carjacking, mugging, fighting, choking, and more. In addition, some evidence indicates that women and children domestic violence victims may be at a higher risk of traumatic brain injuries.

Additional causes of TBIs in assault and violence cases are:

  • Blows to the head: A kick or punch to the head can cause a brain injury. You also could be shoved to the ground and slam your head on the pavement. Other blows to the head that may trigger a TBI are being shot with a gun, hit with a club or bat, or slammed against a wall.
  • Coup and contrecoup injuries: These injuries cause brain bruises when violent shaking occurs in some assault cases. For example, shaken baby syndrome can cause coup and contrecoup injuries on the front and back of the brain.
  • Anoxia: This injury happens when oxygen flow is reduced to the brain. This often occurs in a violent encounter when a person is choked or smothered.

How Can My Lawyer Help If I Have A Traumatic Brain Injury?

If you suffer a traumatic brain injury because of someone’s negligence, a Claim Your Justice attorney can help you pursue compensation. You may be eligible for funds for your medical bills, lost earnings, pain and suffering, and mental anguish. In addition, your Claim Your Justice injury attorney will investigate the incident to determine if another party was liable for the injury.

Your lawyer will also oversee all correspondence with the defense, keep track of your damages and expenses, and negotiate with the insurance company for a fair settlement. The attorney may take the case to court if the claims adjuster does not offer the compensation you deserve. Then, your TBI case will be decided by the judge or jury.

If the insurance company makes a settlement offer, your attorney will inform you whether it is a fair offer. If it is not, the attorney will pursue the case in court.

How Much Money Can You Get In A TBI Settlement?

Every traumatic brain injury differs, but these cases often have a high settlement value. Some online legal sources report that the average brain injury case results in excess of $100,000 in settlement. However, some TBI cases can be settled for hundreds of thousands or millions of dollars.

The medical expenses to treat a TBI can be financially devastating. You may need surgery, imaging tests, medications, physical therapy, and months or years of rehabilitation. Your personal injury lawyer will review your medical bills and medical records to obtain a settlement that reflects your past and future medical needs.

Next, a severe brain injury can leave you unable to work in your chosen profession. Or, you may be unable to work at all. Compensation for lost earning capacity can compensate you for being unable to make a living for months or years into the future.

Pain and suffering are often one of the most significant parts of a brain injury settlement. It is common for TBI victims to suffer chronic pain and terrible headaches. No matter how much pain you have from your brain injury, you should be entitled to ample compensation for your physical and mental suffering. Details that you provide to your personal injury attorney of the pain you experience will help in maximizing the value of your case.

Reduced quality of life is another area you may deserve compensation for in a TBI case. Having a brain injury can leave you immobile or unable to communicate. Perhaps you can no longer enjoy your previous hobbies or the job you trained for.

If you lost a loved one to a traumatic brain injury, you also could be entitled to compensation in a wrongful death lawsuit. For instance, you could receive compensation for loss of companionship, lost earning capacity, funeral expenses, and the deceased’s suffering during death.

Contact Our Schaumburg Personal Injury Lawyer Now

Did you or a loved one suffer a traumatic brain injury in the Schaumburg region? Did the accident and injury happen near I-290 or IL-53 in any other area in Chicago? Our personal injury lawyers know how complex and difficult traumatic brain injuries can be. You could be entitled to substantial compensation if someone’s negligence caused the accident. Contact Claim Your Justice now at 847-434-3555.

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Safety Tips To Avoid Big Truck Accidents

truck accidents

Truck accidents in Illinois are common and often devastating. When a passenger vehicle is hit by a commercial truck, the car could be pulverized, and your injuries may be severe.

Fortunately, many truck crashes can be avoided if you drive defensively. If you want to avoid big truck wrecks, follow the tips below. However, our Rolling Meadows truck accident lawyers at Claim Your Justice are ready to help if you were seriously injured in a truck accident.

Give The Big Rig A Lot Of Room

Tractor trailers need much more room to slow down and stop. They also need more space to turn safely. Tire blowouts often happen. So, driving close to a truck when you do not need to can lead to more accidents. Give the big rig a lot of room and get by them as quickly as possible without violating the law. Here are some pointers:

Leave a minimum of four seconds of stopping time between your car and the truck in front of you. Give the truck more room if it is turning. Some of the largest rigs take two lanes when making a left or right turn. Your vehicle could be damaged or crushed if it is too close.

Avoid passing a truck on the right side; you could be trapped between the truck, curb, or shoulder. Also, truckers expect you to pass on the left, so do what they expect so you stay safe.

Why are turns so hazardous for trucks and vehicles near them? First, passenger vehicle drivers should know that trucks are much taller and have a higher center of gravity. This means it is much easier for the truck to roll over during a turn. You do not want your car beside a truck that rolls over. Also, we must think about the cargo the trailer is carrying. Heavy and even hazardous materials in the rig could seriously injure or kill you during a turn and rollover.

Also, many trailers have a display sign or sticker on the back warning drivers not to pass them on the right. This is because most big rigs have a 55-foot turning radius, which means they must veer left before making a right turn. This creates a multi-lane turn zone that could hit other vehicles. In addition, if the truck did not make wide turns, it would almost certainly veer off the road or clip what is on a corner and overturn during turns. So, you should always give trucks room when they are turning.

Never Stay In Their Blind Spots

Tractor trailers have much larger blind spots than your car. They are much longer than passenger vehicles, so there are significant blind spots around the rig. The blind places you should stay away from are:

  • 20 feet in front of the big rig
  • 30 feet behind the truck
  • Two car widths on the right side
  • The driver’s side of the truck from the driver’s seat to halfway of the trailer length

You sometimes need to be in the truck’s blind spots. However, try to stay there for as little time as possible. You also should not tailgate the truck because the driver cannot see you. Plus, you cannot see around the truck and may be unable to stop if there is traffic ahead.

Pass Quickly, But Legally

Big rigs cannot stop nearly as fast as your car. So, when you need to pass the truck, you should do so quickly and safely without breaking the speed limit. You can pass safely by only passing on the left side where the driver expects. Also, never pass when going up or down a large hill.

Do Not Drive Distracted

Driving distracted kills thousands of Americans annually. It is never wise to drive distracted, but it is even more hazardous when near a truck. Some of the distractions you should avoid when driving include:

  • Phone calls and texts from cell phones and smart tablets
  • Things rolling in or around inside the car
  • Scenery and signs outside the vehicle
  • Passengers, pets, and children
  • Drinks and food
  • Putting on makeup
  • Thinking about frustrations and problems

Use Your Turn Signals

Using turn signals to tell other drivers your intentions is always safest. However, using signals near trucks is even more critical. One of the most effective ways to avoid a truck crash is to use a turn signal, so the trucker knows what you will do.

A common cause of truck accidents is when a passenger vehicle moves over in front of a truck and suddenly turns without using a turn signal. The problem is the truck takes much longer to slow down than your car. As a result, the truck could slam into the rear of your vehicle at high speed, leaving you with severe or even fatal injuries. Worse, you may not be able to argue negligence against the truck driver.

Trucks have what is called ‘brake lag’ in the automotive industry. Tractor-trailers have air brakes, not hydraulic brakes. Air brakes take longer to work than hydraulic brakes.

You may have heard a whooshing noise when air escapes a truck’s brake system as it slows next to you in traffic. This is because when the trucker first taps the brakes, air must build up in the system and spread the length of the vehicle before it starts to slow. This adds significant time and distance.

Move Over When A Truck Is Stopped

When a truck driver has a mechanical difficulty or blow out, they may pull over onto the highway shoulder. You should never pass close to a truck at high speed. Try and move over one lane for a stopped vehicle.

Yield To A Truck That Is Changing Lanes

Trucks move slower than our cars most of the time. So, it is tempting to get around them, such as when they switch lanes. But you should yield to a semi that is changing lanes to avoid any chance of an accident.

What If The Trucker Is To Blame For An Accident?

Following the tips mentioned above will reduce your odds of getting in a deadly truck crash. However, there are still many accidents where the truck’s brakes were the cause of the accident. Trucking companies sometimes do not correctly maintain their rigs’ brakes, and this causes serious accidents.

Trucking companies ensure that truck brakes and other systems are well maintained. If they do not do so, you could be entitled to compensation for your accident injuries. The lawyers at Claim Your Justice will help evaluate your case.

How To Get A Larger Truck Accident Settlement

The tips mentioned here will help you avoid tractor-trailer accidents, but what if you were already in one? How can you get more money for your settlement? Keep the following ideas in mind:

Always Hire An Experienced Truck Accident Lawyer

The first step after a truck accident is receiving medical attention for your injuries. Next, call a truck accident attorney as soon as possible. Of course, the trucker’s insurance company will hope you do not call a lawyer. That is why you should not be surprised if you get a quick phone call from the insurance company a few hours after the accident.

The insurance company is not interested in your well-being, no matter what they say. They really want to get you to take a fast settlement before hiring an attorney. The insurance company knows they will pay a higher amount of compensation when a personal injury attorney is involved.

Let Your Attorney Talk To The Insurance Company

After you sign with a personal injury attorney, do not communicate with the trucking company or their insurance provider. If you receive phone calls or emails, refer them to your attorney. The trucking and insurance companies will try to twist anything you say to use against your claim. All it takes is to say, ‘I wasn’t injured’ after the crash to cause trouble for your claim. Plus, the insurance company will probably try to record anything you talk to them about. Always have your attorney speak to the insurance provider while you focus on a quick and complete recovery.

Know Your Claim’s Worth and Value

Every truck accident claim is different, but you should have a rough idea of what your claim is worth. The first step is collecting all your medical bills and lost earnings statements. These documents give you an idea of your economic damages in the case. If you still need to finish medical treatments, you will need to wait until those treatments are completed for the case to move forward to a conclusion. When you have all of your medical bills and lost earnings statements, you know roughly the economic value of the case. Claim Your Justice will help you evaluate the value of your pain and suffering.

Contact Our Rolling Meadows Truck Accident Attorney Today

When you are seriously injured in a truck accident in Rolling Meadows near Woodfield Mall or The Sculpture Park, you may be entitled to a substantial settlement for your injuries if the trucker was negligent. Our Rolling Meadows truck accident lawyers at Claim Your Justice can help, so contact our Rolling Meadows truck accident lawyers at 847-434-3555.

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What Are The Most Common Serious Back Injuries?

back injuries

Imagine you are driving in Hoffman Estates near NOW Arena or Paul Douglas Preserve. Someone slams into your car and you have a severe back injury.

Anyone who has a back injury in an accident knows how painful and debilitating it can be. You could have difficulty walking, standing, driving, sleeping, and more. In addition, you might be entitled to compensation if someone’s negligence caused your back injury. Whatever back injury you have, a serious back injury lawyer in Hoffman Estates can help you Claim Your Justice.

Common Serious Back Injuries

Some accident-related back injuries are much more severe than others. Whatever your back injury is, you should seek immediate medical attention after the accident for a diagnosis and treatment.

Bulging Or Herniated Disc

A common serious back injury after an accident is a bulging or herniated disc. This happens when a disc between the vertebrae is damaged because of excessive force. A spinal disc is sometimes described as a small, thin jelly donut with a soft inside and a hard outside.

A herniated disc means the inside of the disc pushes out through the tough exterior. This may inflame nearby nerves and cause arm and leg numbness and tingling, and even muscle weakness.

However, some people with injured discs do not have debilitating symptoms. Therefore, back surgery is not always required for a herniated disc. Instead, your physician will review treatment options, including medication, epidural shots, rest, and physical therapy.

Spinal Cord Injury

This is the most severe accident-related back injury. When there is damage to the spinal cord or nerves, there may be long-term damage, including loss of sensation and strength or even paralysis. People who have spinal cord injuries are often plagued by infections, too.

This grave injury will require months or years of rehabilitation and care. So, if someone was negligent in the accident, you should work with an attorney to get appropriate compensation.

Fractured Vertebra

A fractured vertebra is also sometimes called a compression fracture. This is a gap or crack in the vertebra. This condition can happen from a car accident.

Lumbar Spine Injury

Your lumbar spine is your lower back and just above the sacrum – the lowest spine area. The lumbar spine includes the largest vertebrae. A severe car accident can damage the muscles in your lumbar spine, causing pain, swelling, and reduced range of motion. The vertebrae are referred to as L1 through L5.

Thoracic Spine Injury

This is the spine in the middle and upper back. It is located between your neck and lumbar spine, offering support to your ribcage. Thoracic spine injuries are severe in car accidents. A high-speed car crash may fracture the thoracic spine and lead to permanent nerve damage. The vertebrae are referred to as T1 through T12.

Cervical Spine Injury

This area of the spine is at the neck level and just below the neck. Cervical spine injuries are severe in car accidents. A high-speed car crash may fracture the cervical spine and lead to permanent nerve damage and upper extremity pain and limitation of movement. The vertebrae are referred to as C1 through C7.

Facet Joint Injuries

Facet joints are located between many vertebrae. The nerve roots pass through the facet joints to different body areas. For example, the back’s facet joints allow you to twist or bend in different directions without injuring the spine. However, when facet joints are damaged, they pinch the nerves and cause pain.

Issues with facet joints can happen from back trauma. There may be muscle spasms in the back and pain on the outside of your back. The pain can radiate up and down the spine.

What Should You Do About Back Pain After A Car Accident?

Back injuries often happen in car accidents. The violence of a collision can damage your vertebrae, tendons, ligaments, and nerves. Therefore, it is critical to be checked by a doctor immediately. Even if you do not go to the ER directly, set an appointment with a back specialist the same day. Prompt medical treatment for your back injury will get you on the road to recovery faster. In addition, your doctor will determine if there are regular daily activities you should avoid or work restrictions not to aggravate the injury.

For example, carrying your child up the stairs could worsen your back injury. Aggravating the issue can cause a longer recovery and even worsen the damage.

Your physician could order an MRI or x-ray to look for vertebra or disc damage. Your doctor may perform a discography or other type of study to find the problem bone or disc if there is a problem.

Delayed Back Injury Pain

Back pain does not always present acute symptoms. After an accident, your body may flood with endorphins, which mask back pain temporarily. A severe back injury is an excellent example of a car accident injury that may take time to manifest.

After an accident, be aware of any pain or discomfort in your back or spine. Also, note if you have tingling in your hands, feet, arms, or legs. After a severe car accident, it is a good idea to go to the doctor to be examined. If you delay treatment and wind up with a severe back injury, the insurance company will argue your injury is related to something else.

What Is The Value Of A Back Injury Claim?

Every back injury is different, so it is difficult to say what your case may be worth. Some sources say the average settlement value for a back injury in a car accident is between $10,000 and $100,000. Other sources have data that if there is back surgery, the average settlement exceeds $200,000.

Between $10,000 and $50,000 is typical for a back strain or sprain. However, you should have a back injury lawyer in Hoffman Estates review your accident claim for more information.

Compensation for your back injury claim usually includes your economic (medical bills, lost wages) and non-economic damages (pain and suffering and permanent disfigurement).

Economic damage is sometimes referred to as special damages and includes:

  • Past and future medical expenses

Your back injury medical bills will vary based on the injury severity. Some treatments necessary for back injuries are disc surgery, steroid injections, MRIs, physical therapy, and massages. You may also need long-term medical care for a severe back injury with nerve damage or paralysis.

  • Lost income and reduced earning capacity

You are entitled to money for your lost earnings in your back injury claim. Also, you should receive compensation for lost wages in the future. Lost income is usually determined by showing your pay stubs, W-2s, and related financial information. You also should show how much work time you missed and the vacation and sick time used.

Proving your lost future income from your back injury requires economic experts who can show what your earnings should have been without the back injury.

Non-economic damages are often called general damage and include non-monetary damages related to your back injury. These damages are subjective and include compensation for:

  • Pain and suffering

The insurance company may use a pain multiplier to figure out how much to award for your pain and suffering from a back injury. This means the economic compensation for lost wages and medical bills is multiplied by a number between 1.5 and 5. So, for example, if your monetary damages are $20,000 and the multiplier is 3 for pain and suffering, you could receive $80,000.

Having an attorney help, you value pain and suffering is vital to your health and future. Unfortunately, most non-attorneys do not understand what pain and suffering in a back injury case are worth. Back injuries can be excruciating, so be sure you get sufficient compensation for what you are experiencing.

  • Emotional distress

Emotional distress damages may be added if you suffer mentally from your back injury. For example, you may be depressed from the pain and inability to do things you enjoy.

  • Loss of consortium

Sometimes a back injury is so severe, such as paralysis, your loved ones do not enjoy a routine loving relationship with you. This may include the loss of the ability to have sexual relations with a partner.

What Is The Difference Between Whiplash And Back Injuries?

Spinal injuries and whiplash have many of the same symptoms. However, whiplash is in a different category because it is an injury to the neck.

Auto accident victims with extreme neck bending forward and backward bending suffer a whiplash injury. This is a common injury in rear-end crashes. Whiplash causes damage to your neck nerves, discs, tendons, and muscles.

While whiplash is not as severe as other back-related injuries, it can be excruciating and limiting to your activities. See a doctor immediately if you have neck pain after a car accident.

Talk To Our Back Injury Lawyer In Hoffman Estates Now

You may have the most pain if you were recently hurt in a car accident and suffered a severe back injury, you may have the most pain. Being unable to move comfortably, walk, run, and do daily activities can be unbearable.

Our Hoffman Estates back injury lawyers know what it is like to have your life limited by a severe back injury. If someone was negligent in the accident, we could obtain money for your damages and pain.

Claim Your Justice attorneys handle back injury cases in  Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Schaumburg, Hanover Park, and throughout Chicagoland. Please contact Claim Your Justice at 847-434-3555 for more information about your 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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Are There Limits To Illinois Wrongful Death Awards?

wrongful death

If you lost a loved one because of someone’s negligence, you know how devastating it is emotionally. Your loved one’s death also can wreak havoc on your finances and future. How will you pay the mortgage, car, and your child’s college education?

Fortunately, you have legal options if someone’s negligent action caused the death of someone close to you. You can file a wrongful death lawsuit in Illinois to receive compensation for your losses. Learn about wrongful death in Illinois below, then contact our Schaumburg wrongful death attorney for legal representation and assistance.

Are There Caps On Wrongful Death Damages In Illinois?

No. There are no caps for damages in Illinois for wrongful death. In 2005, the state of Illinois passed a law that limited noneconomic damages for medical malpractice lawsuits for wrongful death and personal injury. However, fortunately for the residents of Illinois, the law was overturned a few years later because the Illinois Supreme Court found it violated the state Constitution.

The Illinois Supreme Court found that decisions for damages on civil lawsuits should be made only by judges and juries. Today, there are no limits on wrongful death awards or personal injury lawsuits in Illinois.

What Happens When I File A Wrongful Death Lawsuit?

A wrongful death case begins with your attorney filing a wrongful death claim. This is accomplished by filing an insurance claim against the persons or companies responsible for the accident that caused the wrongful death.  Many times a lawsuit will be filed right away in order to preserve evidence as to how the accident happened.  If an insurance claim is filed first, the insurance provider will initiate an accident investigation.

Based on the outcome of the investigation, the insurance company may want more information or begin to discuss a financial settlement. They also may present you with a proposed settlement.

In this process, it is recommended to speak to a skilled Schaumburg wrongful death attorney as early as possible. Your attorney knows how to maximize the compensation you receive by accurately valuing your loved one’s future lost income, pain and suffering, and more. They also know how to attach value to your mental suffering, anguish, and loss of support and can prove it.

Most insurance companies offer a low settlement amount at first. However, you should be represented by an attorney during these negotiations because the insurance company will take you more seriously.

What Are The Most Common Wrongful Death Accidents In Illinois?

If you lost your loved one in any of the following Illinois accidents, you should consider filing a wrongful death lawsuit:

  • Auto Accidents

Car and truck accidents in Illinois are the most common type of wrongful death action. This is because so many Illinoisans drive every day. Car accidents are the third-leading cause of death among all ages in Illinois. Whether your loved one was driving near Woodfield Mall, Wintrust Field, or elsewhere in Schaumburg, many severe and fatal car accidents happen daily in this community and across Illinois.

Driver’s negligence causes most Schaumburg car accidents. It could be speeding, reckless driving, running a stop light, or failure to yield. You could receive compensation for your losses if any of these are proven.

  • Medical Malpractice

Did you lose a loved one in Schaumburg at a local hospital? Unfortunately, while most doctors at these facilities are skilled, they sometimes make medical errors. These errors  can happen if medical professionals cut corners, fail to follow standard medical procedures, or miss a diagnosis.

The most common medical malpractice cases are misdiagnosis and failure to diagnose. There also are surgical errors and medication mistakes that cause unnecessary deaths.

  • Tractor-Trailer Accidents

Tractor-trailer accidents are in their own category of wrongful death actions because of their size and the violence of the collisions. In addition, big rigs are much more likely to cause fatalities than other vehicles.

The reasons truck accidents happen also are different. Many truck accidents happen because of driver fatigue, distracted driving, mechanical problems, aggressive driving, and oversized loads.

  • Pedestrian Accidents

Pedestrian accidents often result in death because the person is unprotected when struck by the vehicle. Driver negligence causes most pedestrian accidents. However, the Illinois or Schaumburg local government may be liable if there was a problem with the road or lack of proper signs.

  • Workplace Accidents

Occupations in Illinois with higher risk, such as construction and manual labor, have higher job-related fatalities. However, wrongful death can happen in an office, such as at a corporate center. Work-related accidents also occur when people are overworked and get in fatal accidents on the way home.

  • Defective Products

The manufacturer, designer, or retailer could be liable if your loved one died because of a defective product. Product liability is the biggest reason companies spend a lot of time testing products over and over to ensure their safety. Common sources of defective product wrongful death lawsuits are pharmaceuticals, unsafe products, toxic foods, toys, and defective motor vehicles.

What Do You Have To Prove In A Wrongful Death Lawsuit?

To succeed in your wrongful death lawsuit, your Schaumburg wrongful death attorney must prove:

  • Your loved one died.
  • Another person’s negligence caused the death of your loved one.
  • You suffered financial and emotional losses because of the death.

You have the best chance of receiving compensation by hiring a wrongful death attorney.

Compensation In Wrongful Death Lawsuits

No amount of money can bring your loved one back to life. However, a wrongful death lawsuit will help you Claim Your Justice and reduces the financial burdens of a sudden death. If you are successful with your lawsuit, you may be entitled to the following compensation:

  • Medical bills
  • Funeral and burial expenses
  • Loss of inheritance
  • Loss of guidance from a parent
  • Loss of companionship of a spouse
  • Mental suffering, sorrow, and grief of the surviving family
  • Pain and suffering of the deceased

You may receive this compensation from a trial verdict or a wrongful death settlement before the trial.

Illinois Wrongful Death Statute Of Limitations

Another critical point to remember with wrongful death in Illinois is the statute of limitations. You have only two years from the date of death to file a lawsuit. It is vital to contact an attorney as soon as possible to have the case filed on time. If you miss the deadline, the court will dismiss your case.  However, there are rare exceptions.

Schaumburg, Illinois Wrongful Death FAQ

Some of the most common wrongful death questions we receive are below.

  • Can I afford to hire a wrongful death attorney?

At Claim Your Justice, we do not think that a lack of money should prevent you from obtaining justice after losing your loved one to someone’s negligent act. Our Schaumburg wrongful death lawyers offer a free consultation. Also, we represent our clients on a contingency fee basis. You do not pay our fees unless we win your case.

  • Who can file a wrongful death lawsuit in Illinois?

The surviving spouse, children, siblings, and parents can file the lawsuit. Your attorney will determine who can receive compensation in your case and design the lawsuit with this in mind.

  • Can my wrongful death award be taxed?

IRS Publication 4345 states that wrongful death damages are physical damages and cannot be taxed. However, the funds may be subjected to the estate tax if the estate goes over the statutory limitation. Also, if you are awarded punitive damages, this could be taxed by the federal and state governments.

  • How long with the wrongful death claim take?

It depends on the type of accident and other case factors. Some cases can be resolved in a few months, and others take years. Some reasons these actions take longer include questions about liability, the amount of insurance available, and the insurance company lowballing the value of the decedent’s life.

  • Is a wrongful death settlement in the public record?

Usually, a wrongful death settlement is not public record. Settlements are generally kept between the parties of the lawsuit. In a wrongful death action, the settlement amount is known by the defendant’s insurance company and those who recover compensation for the death. All trial records will be available for public review if the case goes to court.

  • How do I receive wrongful death compensation?

A settlement or verdict award is usually paid as a lump sum. A structured settlement is also a possibility.  A structured settlement works like an annuity. The money is invested with interest and paid to the heirs, monthly or annually. Your attorney can arrange to have a structured settlement setup if you want a monthly income or if the recipients of the proceeds re under the age of 18.  

Speak To A Schaumburg Wrongful Death Attorney Now

Losing a loved one in an accident is one of the most agonizing things you can go through in life. During this emotionally devastating time, you might not want to think about taking legal action. However, if someone caused the accident, holding them accountable and receiving compensation for your losses is essential. Our Schaumburg wrongful death attorney can help you.

Claim Your Justice attorneys are proud to work with clients in Chicago, Hoffman Estates, Mount Prospect, Rolling Meadows, Grove Village, Schaumburg, Hanover Park, and Oak Streamwood. Please contact Claim Your Justice at 847-434-3555 to discuss your wrongful death 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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Personal Injury Attorney Discusses Restaurant Injuries

restaurant injuries

Personal Injury Attorney Keith Shindler Discusses Being Injured at a Restaurant

Hello and welcome to another edition of Claim Your Justice on Facebook Live. The purpose of these sessions is to educate the Facebook community on what to do when an unfortunate personal injury happens. If you or a loved one is injured in an accident, and you don’t know what to do, our job is to help you Claim Your Justice. You can reach us online at claimyourjustice.com and you can call us at 847-434-3555.

 

 

 

 

Today, we’re going to talk about a client of ours that was injured. On a beautiful Sunday, she and her family went to a restaurant to have a nice meal. They ordered some tea, and the waitress came over with tea. You know what happens, right? The waitress was busy trying to juggle a lot of things at once, loses track, and spilled boiling water all over our client’s leg.

Unfortunately, for the client, it immediately created a lot of pain and left a burn on two parts of her leg, one on the top of the thigh and a worse burn on the back of the calf. The question that this client asked was, do I have a claim against the restaurant? My answer is yes, you have a claim against the restaurant.

Let me tell you the first thing the client did that was right. The first thing the client did was they called an ambulance. The one thing the client didn’t do that I would have suggested they do differently was they did not take pictures of the scene. Many times in these situations, clients don’t take a picture and it’s hard to develop the scene and paint the best picture for the jury.

Then the client asked okay, now that I know that calling the ambulance was right, what are you going to be able to do for me in pursuit of this personal injury claim? The first thing we’re able to do is to recover the client’s medical bills. Now in this particular case, the client went to the emergency room, was released after about five or six hours, then was in so much pain that they had to go back to the emergency room the next day. So, the client is going to have substantial medical bills.

There’s also treatment with a burn specialist that needs to be performed over the next four to six weeks to make sure that the burn is properly treated and doesn’t get infected. The client is going to recover their medical bills. The client is also missing work because they can’t go to their job while they’re in this pain and have a wrap around their calf and their thigh that they need to change a couple of times a day. So, they’re also going to be able to recover their lost wages.

Now, because there’s a scar, and there are frequently not scars in personal injury cases, but because in this event there is a scar, the client is going to be able to add a component to their damage claim through our office of something called permanent disfigurement. In this particular case, it’s a burn, there is going to be a burn mark there for many years, and a slight burn mark forever.

That being said, the biggest component of this personal injury claim is pain and suffering. It’s an elusive term because pain and suffering certainly means something different to me than it will mean to the insurance company and the owners of the restaurant. It certainly means something different to me than it does to the client because the client is suffering the pain. So that’s it, we got the medical bills, we got the lost wages, we got the permanent disfigurement, we got the pain and suffering in this case.

The client asked me next, what do I do if anyone from the restaurant calls me? Well, that’s an easy one. If anyone contacts you when you’re injured and pursuing a claim against that party that contacts you, the best advice, the only advice, it’s a must-follow rule, is do not talk to the person calling you. It will never help you. There is never anything you are going to say that is going to help you. It is only for the benefit of their pocket, not your pocket.

What you can do is say “Thanks for the call. What’s your phone number? What’s your name? What’s the claim number? I’m going to have my lawyer call you”. You then call us at Claim Your Justice personal injury lawyers, you give us that information and we’ll handle that for you.

Now the next question is with regards to the restaurant because the concern from the client is “Oh my gosh, I don’t want to sue the waitress. She was so nice. I understand she didn’t do it on purpose. Are you going to sue the waitress?”

No, I’m not going to be taking the waitress to court for two reasons. Number one is purely economic reasons. The waitress is not going to have the money to compensate my client for their injuries. That’s number one. Number two is the employee is just the agent of the restaurant. The restaurant is the one that’s responsible for this claim.

Don’t ever worry about personally offending anyone, when it comes to your personal injury claim. Even if we were going to sue the waitress, it’s not for my client to worry about because they need to worry about getting better and the future pain they will have because of the injuries.  It’s not going to ruin anyone’s life, no one is going to jail over this. With regards to the restaurant, one of the things the client asked is what else can you do from a legal perspective so early in the case?

One technique is we will send out something called a preservation letter, the preservation letter is a formal letter that lays out to the recipient of the letter, what our claim is, and what our expectations are. We expect that if there’s any video, camera surveillance, or any pictures that the waitress or the manager took, we want those preserved. We don’t want those to be destroyed, erased, or thrown in the garbage.

It’s important early at the onset of an injury case to call Claim Your Justice, and then we get to work right away. Part of our task is locating and preserving evidence, and getting this preservation letter out. Sure they could ignore it, but for the most part, if they got a preservation letter, and then we can prove that they disregarded the demand of the preservation letter and destroyed evidence, there could be something at trial called a Spoilation case. Spoilation claim for destroying evidence.

Well, I wanted to point out for you these everyday things that happen to people in everyday life, and discuss how to help you Claim Your Justice. If anything happens to you, your family, friends, or loved ones, please call Claim Your Justice at 847-434-3555 or reach us here at claimyourjustice.com

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Most Common Causes Of Train Accidents

train accidents

Train travel is considered safe in the United States, but railway accidents still occur in Illinois and other states. For example, in Chicago, there are still train accidents in the Chicago Transit Authority System and Metra Rail, including a recent one near Downers Grove Station. Also, there are thousands injured in train accidents in the US annually.

If you have been injured in an Illinois train accident or lost a loved one, you could be eligible for compensation in a personal injury lawsuit. The Arlington Heights train accident lawyers at Claim Your Justice are ready to assist you.

Train Accident Statistics

  • Operation Lifesaver reports thousand of accidents throughout the years. Some with deaths.
  • Trains kill hundreds of people annually.
  • People in cars hit by a train are 40 times more likely to die than if they were hit by a car.
  • More than 50% of train accidents happen at rural crossings with no warning signals.

What Causes Train Accidents?

There are several reasons railway accidents happen in Illinois:

  • Operator error: Human error is a significant factor in train accidents. This can happen because of inadequate training, reckless behavior, lack of experience, or drug and alcohol abuse. In addition, many train accidents happen because the engineer is speeding, under the influence, or both. It is illegal for train engineers to use alcohol or drugs when they are working.
  • Train track issues: Train track owners are liable for keeping tracks in good condition. But over the years, trains can become broken and worn, leading to derailments. Keeping tracks in good condition requires maintenance every few months, But, not every railroad company meets its obligations.
  • No warning signals: Many railroad crossings lack warning signals and signs. This is a significant problem in rural parts of Illinois, where municipalities lack funding to pay for signs. Without a train warning signal, you may not know a train is coming until the last moment. Remember that many rural areas do not require training warning signals, so use plenty of caution when crossing the tracks.
  • Speeding: Train operators going too fast for conditions is extremely dangerous. In 2015, a New York-bound Amtrak train derailed in Philadelphia. The investigation showed the train was going over 100 MPH when it left the tracks, killing eight and injuring 200.
  • Obstructed view: Companies responsible for maintaining train track crossings must keep; the crossing clear of vegetation, so there is a clear line of sight. If vegetation is overgrown, it can make it difficult to see.
  • Stalled cars: Many train crashes happen because a vehicle is stuck on the tracks.
  • Distractions: Some train accidents happen because the engineer or vehicle driver is distracted by cell phones.
  • Faulty train equipment: A defective train or component cause many accidents. For instance, if the train has a brake failure, it may only be able to stop after a crash at a train crossing.
  • Signal defects: Many train crossings have signals installed, but they need to be fixed. A non-functional train signal can be as bad as nothing at all.

A study found that many accidents were because of derailments. This means 94% of train accidents are caused by trains leaving the tracks. Broken welds and rails are likely causes of many derailments. In addition, track geometry and bearing failure are common causes of trains leaving their tracks.

Train Length

A common issue in many train accidents is the train’s length. The length and weight are critical to understanding the safety issues that could be in play in the incident. While moving people and goods are vital to American commerce, it also is essential that trains are not too long for safety reasons.

The US has no limits on how long a train can be. A train with 180 cars can be over two miles long! That means the train could take miles to come to a complete stop. Your personal injury attorney will review the train length that injured you. The attorney may argue that railroad negligence and cost-cutting caused your injuries.

How Long it Takes A Train To Stop

The average freight train is 1.5 miles long. If it moves at 55 MPH, it may take more than one mile to stop. Every train is different, and your train accident attorney must investigate the train’s length, weight, speed, and incline.

It is critical to remember that it usually takes more than a mile for a train to come to a total stop. So, at a train crossing, be aware of this fact and never attempt to beat a train across the tracks. The train will probably approach faster than you think, and if the train has to stop, it will take a long time.

Common Train Accident Injuries

The weight and size of a moving train mean an impact on a car or person is usually catastrophic. Also, the passengers and crew on the train could be hurt, but those injuries are generally less severe. Some severe train accident injuries are:

  • Spinal cord damage
  • Amputations
  • Traumatic brain injuries
  • Fractured neck
  • Blindness
  • Organ damage
  • Head trauma

Many accident victims also suffer broken ribs, whiplash, broken bones, shoulder injuries, and burns. The injuries are often severe, so you should hire an experienced personal injury attorney to obtain the most compensation.

Why Human Error Is A Common Cause Of Train Accidents

As explained earlier, human error causes many train accidents. For example, engineers and conductors without training or experience can make fatal mistakes that injure or kill pedestrians, crew, passengers, and vehicle drivers.

Many human error accidents may also be due to engineers working too many hours without a break. For example, fatigue can cause an engineer or conductor to forget to throw a switch to put the train onto the right track.

Human error in train accidents also can be because of negligence, with the fault being the company or train employee. Many railway company rules can put workers at risk of making mistakes and cutting corners to save money.

In January 2020, Norfolk Southern eliminated many, meaning one person now had to do the job of others. Having enough staff can lead to overwork once people are exhausted and make mistakes.

Further, freight and passenger trains often share tracks. This makes derailments and wrong-way crashes more common.

How To Prevent A Train Accident

Freight trains weigh hundreds of thousands of pounds. If you are hit by one, your chances of death or severe injury are almost certain. While many train accidents are caused by the railway, you can often prevent being a train accident victim by doing the following:

  • Watch for train signals and signs close to a train crossing.
  • Assume a train could come down the tracks at any time. Even if the track is clear, assume a train is about to come. Then, get across and away from the tracks fast.
  • Whether driving, walking, or biking, you should only cross train tracks at legal crossing areas. Never walk next to the tracks; many people need to realize that trains can go over 80 MPH in some cases. A train can be on top of you in an instant.
  • Look left and right before crossing train tracks.
  • Do not stop your car over railroad tracks. If it stalls, exit immediately and call 911. Never try to push the car off the tracks.
  • Refrain from boarding a train that is moving. You could slip and be run over.

Who Is Liable For A Train Crash?

The police and government must investigate the train crash to determine who was at fault. The Department of Transportation Act of 1966 states that the Federal Railroad Administration oversees railroad safety regulations.

Commuter train lines and railroad companies are obligated to maintain a high level of safety for all of us. Therefore, they also must install a black box on every locomotive to record information if there is an accident.

The railroad is obligated to operate safely, but they sometimes fail to meet its obligations. However, there can be many reasons a train accident happened, so you should hire an Arlington Heights train accident attorney to investigate.

Contact Arlington Heights Train Accident Lawyers Now

If you were injured in a train accident, it isn’t easy to know what to do and where to turn. Train accident injuries can be severe and cost much money to treat. Plus, being unable to work and experiencing pain and suffering can cause stress.

Our Arlington Heights train accident lawyers can help you get the compensation you deserve for your injuries and losses. Our lawyers will fight for your rights if you have broken bones, internal injuries, or a concussion.

Claim Your Justice attorneys also serve clients injured by trains in Chicago, Hoffman Estates, Mount Prospect, Rolling Meadows, Elk Grove Village, Schaumburg, Hanover Park, and Oak Streamwood. Please contact Claim Your Justice at 847-434-3555 to be compensated for your train crash injuries.

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Illinois Attorney Discusses Public Transportation Injuries

public transportation injuries

Public Transportation Personal Injury Cases

Hello Jessica. Welcome to another installment of Claim Your Justice Facebook Live. It’s Tuesday, there’s snow on the ground. Today the topic we’re going to discuss is public transportation accidents.

What happens when someone is involved in an accident while on a bus or a train and they’re injured? Remember, you can always reach Claim Your Justice at 847-434-3555. You can also reach us online at claimyourjustice.com.

I brought up the snow because it just seems when it’s snowing and colder, fewer people are walking and they end up hopping on the bus, or taking the train, therefore leading to a higher frequency of accidents happening on public transportation. Trains are more packed with people, buses are more crowded with passengers.

Accidents happen all the time in that setting. I’m happy to be joined today again by Jessica Wong Barrera. She is going to help facilitate this, she will ask questions on the topic, and I will provide answers. If you have any further questions, please feel free to reach out to us.

Q: What is the statute of limitations for most personal injury cases and Illinois?

A: Interestingly enough a lot of people seem to know this. That’s the piece of law that everyone seems to know. You have two years to file a lawsuit. So the general statute of limitations that apply to most cases is two years from the date of the accident. It’s two years from the date of the medical malpractice, and two years from the date of the slip and fall.

You look at that date, you add two years to it, and you better file a lawsuit by that day if you’re injured because if you don’t, you’re prohibited from filing a future lawsuit. Now there is an exception that applies if you’re injured while a minor. So under the age of 18. We can talk about that with any clients, in particular if they have a specific question about that issue.

Q: What is different about the statute of limitations when dealing with an accident on a bus or train?

A: The transportation entities, the CTA, Metra, pace, and RTA (Regional Transportation Authority), have a unique statute of limitations that applies to accidents that they’re responsible for and that is one year. So it’s 50% less time that you have to file a lawsuit.

We all know how fast one year goes by whether we’re watching our kid get one year older, or watching our legal assistant get to one year of working for us, it goes by very fast. If there is an accident that happens and you’re injured, remember, it’s not two years because you’re like I’m in a car accident. A car hit us. Nope. You’re on a bus, you’re trying to hook the bus into a liability. It’s one year.

Q: Tell us a little bit about what the common carrier doctrine is concerning the standard of care when evaluating personal injury claims against the CTA, pace bus, or metra.

A: We’ve talked in the past about breach of duty. When you’re driving a friend around in your car, you have a duty to operate your car safely. That’s your duty. That’s your standard of care. When you go through a stop sign at a busy intersection you have now breached your duty to operate that car safely. When it comes to buses and trains, they are known as common carriers.

The basic easy way to remember is that you paid for their service. The law imposes upon them a higher duty, which is called a common carrier. The common carrier standard of care says they owe you a higher standard of care than the passenger example that I gave you before. Because they owe you that higher standard of care, it requires them to make sure that they are operating their vehicle in such a manner that is ensuring your safety while you are a passenger on that vehicle.

A friend driving around with you as their passenger is not necessarily ensuring your safety, but with a common carrier, because they undertook the transportation of you for a fare, they have a higher standard. Meaning it’s easier generally to hook liability onto a bus or train operator when an accident happened because of this higher standard of care.

Q: Besides the fact that the passenger is paying for the ride, is there another reason for the higher standard of care?

A: Yes, when you’re driving, and you’re in control of your car, you’re ensuring your safety. So you make sure you stop at a stop sign and don’t go through a red light, you don’t do 90 and a 35 mph zone, and so on.

You, as the driver in that example, are in charge of your safety. When you’re on a bus, you’re trusting the bus driver to make sure that he or she operates that bus safely. That’s the whole premise behind the common carrier.

Q: Is there anything else we should know about the passenger, common carrier relationship?

A: Yes, there are cases of this type of issue frequently, but basically, it’s not just while you’re on the bus or train. There is a duty that when you get on the bus, the bus driver has to maintain the proper standard of care. If they’re going to stop in a crosswalk and load the bus, if there’s a giant pothole that they know is there, or some other foreign object, and the bus stops right there expecting you as a prospective passenger to walk over that defect in the ground, you can claim that they didn’t practice the highest level of safety of care for you.

Also, when exiting the bus, there’s lots of traffic in the city, and sometimes the buses don’t stop in the exact position that they want to stop. You may exit the bus and trip and fall right into a light pole or something. Because of those extra pieces, it’s not just while you’re on the bus, but also while getting off the bus or getting on the bus.

The standard is until the person is completely outside of the control of the driver, the responsibility still exists. There have been cases where somebody gets on the bus and they’re highly intoxicated. The bus driver is at the end of the route, they let the person off the bus, and something terrible happens to that drunk person as they get off the bus, the bus leaves the drunk person, and the drunk person walks across the street right into oncoming traffic.

Well, they may try to bring a case against the CTA to say hey, you breached your standard of care because you didn’t maintain the standard of care until he got into a safe environment. Well, the intoxication issue is another wrinkle in these types of cases. If the bus driver knew that the person was intoxicated, and the bus driver knew that there was a chance when the passenger got off the bus, some further harm can come to them. There could potentially be a liability against the bus driver and the CTA for that type of accident.

Q: What does the CTA or similar entities regularly assert in these cases?

A: We talked about premise liability cases. Say someone is shopping at a store, they walk out of the store and they trip and fall over a painted speed bump that’s there to control traffic in front of the store. The injured person now is going to sue the store. The store is going to say sorry, that was an open and obvious condition and therefore we’re not responsible.

Well, that same open and obvious condition can be asserted and is frequently asserted by bus drivers, and the CTA, for the example I gave, someone gets off the bus, they’re exiting the bus and they could certainly avoid stepping into this pothole but they step right into it. It’s open and obvious.

Another example is we hear in the news about passengers on trains getting mugged, or just getting attacked. You want to sue the operator with the claim that they didn’t make sure you were safe. The operator of the train or bus will come back and say; “we are not responsible for the criminal acts of third parties.”

That’s very common in a bus and it’s also a frequent defense in hotel cases we’ve talked about before where someone breaks into a hotel room and assaults a guest in the hotel, they’re going to sue the hotel and the hotel is going say; “We’re not responsible for criminal acts of the third party.” God forbid anything like that happens, call Claim Your Justice, we can help you with that.

Great, remember, if you have any questions about your injury case, if you want to pursue a personal injury case, or if you have a family member or friend who needs personal injury counsel, refer them to Claim Your Justice. Our goal is to help Claim Your Justice. Thanks for tuning in. Call us at 847-434-3555.