Although commercial airlines very rarely experience aviation disasters, smaller private planes crash much more often. Around 300 people die every year in private plane crashes, and there are well over 1,000 non-fatal accidents every year in America alone. While the chances of being injured or killed in a plane crash are still very small, the impact of such a catastrophic accident can change the course of many people’s lives forever. Victims of plane crashes or their families may even have cause to sue for personal injury. 

What Causes Private Plane Crashes? 

Private plane crashes pose additional challenges to investigators, victims, and the families of victims who are waiting to hear what caused such a tragedy. Small private aircrafts do not usually have the “black box” that tracks speed, altitude, and other flight information on commercial aircraft, making details about crashes difficult to determine. 

However, over many years, data has been collected about common causes of private plane crashes. These include, but are not limited to: 

Roughly 350,000 Americans rely on an insulin pump to provide life-sustaining care. When an insulin pump fails, the results can be catastrophic. Patients who rely on an insulin pump may become gravely ill or even die if the pump fails to deliver the right amount of insulin at the right time. Patients may also suffer harm if they were given an insulin pump, but were not adequately instructed on how to use it safely. If you or a loved one was harmed by a defective insulin pump, contact an attorney to find out what type of compensation you may be entitled to. 

When is a Manufacturer Liable for Injuries or Deaths Caused by an Insulin Pump? 

Diabetic patients who use insulin pumps trust their lives and health to these devices. In Illinois, medical manufacturers are held to the standard of “strict liability.” This means that a patient, or the family of a patient harmed by a defective medical device does not need to prove that the manufacturer was careless in making the device. Instead, one only needs to show that the medical device was unreasonably dangerous. 

What Are the Two Ways An Insulin Pump Can Be “Unreasonably Dangerous?”

The first way is if the device itself malfunctions. A defective insulin pump may deliver too much or too little insulin, or it may stop working entirely. An important component may be too easily damaged and cause the pump to stop working. 

If you have been injured due to the actions of another person or party, it is understandable that you would want to hold that party accountable, not only for the purposes of recovering financial compensation, but also for achieving a sense of justice. You may even feel that the other party should be punished for their actions. In Illinois, it is sometimes possible to pursue such a punishment in the form of punitive damages. However, the situations in which punitive damages may be included in a personal injury claim are limited, and it is important to understand whether and how they may apply to your case.

When Are Punitive Damages Available?

In most Illinois personal injury cases, the damages recovered by the injury victim fall entirely within the category of compensatory damages. These are damages that are intended to compensate the victim directly for some sort of loss—whether a financial loss like medical expenses or lost wages, or a personal loss like pain and suffering, disfigurement, or loss of companionship.

Unlike compensatory damages, punitive damages are not connected to any specific loss on the part of the victim. Instead, they are meant as punishment for the liable party. As such, they are not available when a person was injured due to an act of simple negligence; they are only available when the liable party acted with “evil motive” or “reckless and outrageous” and “conscious indifference.” When deciding whether to award punitive damages, the court will look for clear and convincing evidence of these factors.

Earlier this month, there was a scare in Park Ridge, Illinois, when a Metra train struck a car that was stuck on the tracks. Fortunately, no injuries have been reported in this instance, but it is certainly possible for people to suffer serious injuries when a commuter train collides with a passenger vehicle. If you are injured in such an accident, or any accident involving public transportation, you can benefit from a knowledgeable personal injury lawyer who can work through the complications of the case and help you get the compensation you need.

Liability in Public Transportation Accidents

Perhaps the most complicated aspect of an accident involving public transportation is determining which parties are at fault. For example, in a railroad crossing accident between a passenger car and a Metra train, the driver of the car could be partially at fault if they disregarded a railroad crossing sign or signal. However, if there was no clear signage or the crossing signal was not working properly, some fault could lie with a local government entity.

Operators of public transportation vehicles like trains and buses may also be liable for injuries suffered by passengers and drivers of other vehicles. Illinois legal doctrine considers these public transportation vehicles to be “common carriers,” which means operators have the highest duty of care to ensure the safety of their passengers, and they can be held responsible for many different types of injuries a passenger may suffer. If the operation of a vehicle causes injuries to non-passengers, the standard of negligence is similar to that of any other accident between motor vehicles.

If you have been seriously injured due to someone else’s negligence, the thought of spending the next several months or more in a legal battle can be overwhelming. It may come as welcome news that most personal injury claims are settled out of court with the at-fault party and their insurance provider, and when a settlement is possible, it can save you significant time and stress. However, it is sometimes necessary to elevate a claim to a lawsuit and pursue compensation through litigation. An experienced personal injury attorney can help you understand whether this is likely in your case, as well as represent you throughout the legal process in pursuit of a fair outcome.

Personal Injury Settlements

It is almost always beneficial to attempt a personal injury settlement before taking your case to trial. Your attorney can help you determine the appropriate amount of damages to pursue, and draft a demand letter to deliver to the other party. Your lawyer can then represent you throughout settlement negotiations, leveraging testimony and evidence of negligence to encourage the other party to come to a fair agreement.

Compared to a trial, a personal injury settlement is more predictable in that you and your attorney will always know where negotiations stand, and before signing an agreement you will know exactly how much compensation that agreement entails. Settlements also tend to take less time than trials, allowing you to obtain financial relief sooner and saving you from the stress of extensive litigation.