Wrongful death cases are often emotionally gut-wrenching affairs, as pursuing justice for your loved one in the wake of their death can be difficult, especially as you try to juggle the emotional aspect of things with the legal side of things. If a wrongful death has happened to someone close to you, you may be wondering whether you are eligible in Illinois to pursue a wrongful death case on their behalf. If this sounds like your situation, contact a lawyer to see whether pursuing a case is an option available to you.

Here is Who Can Pursue Wrongful Death Cases

• Surviving spouse or domestic partner – In Illinois, the surviving spouse or domestic partner of the deceased is the primary party entitled to file a wrongful death lawsuit. The law recognizes the unique bond between spouses, thus allowing them to seek compensation for the loss of financial support and companionship resulting from their loved one’s death.
• Children – If the deceased does not have a surviving spouse or domestic partner, the right to pursue a wrongful death claim. This may include biological children, adopted children, and stepchildren. Children can seek compensation for the loss of parental guidance, support, and affect caused by the wrongful death.
• Parents – In the absence of a surviving spouse, domestic partner, or children, the parents of the deceased can pursue a wrongful death claim. This provision recognizes the profound emotional and financial impact that the loss of a child can have on parents. Parents may seek compensation for the loss of love, companionship, and financial support they would have received from their child.
• Personal representative of the estate – If none of the above parties are available or eligible to file a wrongful death lawsuit, the personal representative of the deceased’s estate can bring forth the claim. The personal representative acts on behalf of the estate and the beneficiaries, pursuing compensation for damages suffered by the estate as a result of the wrongful death.

Contact a Will County, IL, Personal Injury Lawyer

Ultimately, a wrongful death case provides a means for seeking justice and compensation for the loss of a loved one. Whether it is the surviving spouse, children, parents, or the personal representative of the estate, the law ensures that eligible parties have the chance to pursue a wrongful death claim and hold responsible parties accountable. If this is something you are interested in, contact the skilled Joliet, IL, personal injury attorneys with Schwartz Injury Law. Call 708-888-2160 for a free consultation.

If you have been injured in a car accident and are pursuing a personal injury case, it is natural to wonder about the likelihood of winning. While every case is unique and outcomes can never be guaranteed, providing insights into the factors that can influence the outcome of a car accident injury case is crucial for those injured in a car accident. If you are suffering from injuries sustained during a car collision, contact a lawyer in Illinois. You and your attorney will sit down, examine the case’s particulars, and formulate a plan to move forward with a strong injury case that may eventually compensate you for your injuries.

Factors Influencing the Outcome of a Car Accident Case

Several factors can influence the outcome of a car accident case. First and foremost, liability must be established. For example, if you and your lawyer can prove that the other party was negligent and their negligence directly caused your injuries, it will significantly strengthen your case. The strength of the evidence, including police reports, witness testimony, and medical records, also plays a crucial role. The severity of your injuries and their impact on your life, such as medical expenses, lost wages, and pain and suffering, are significant factors in determining the potential compensation.

Winning a Personal Injury Case

So, what exactly does it mean to “win” a personal injury case? Firstly, it often involves obtaining compensation to help cover the negative effects of the accident. For example, you may decide to use the compensation to help pay for medical costs, ongoing medical treatment, rehab costs, and lost wages. This compensation can help alleviate the financial burden and provide a sense of security during recovery.

Truck accidents are some of the most devastating motor vehicle accidents that can occur on our roads. The size and speed of a truck can utterly obliterate most things in its path, such as regular-sized cars and more, making trucks among the most dangerous vehicles on the road. When pursuing a truck accident case, it is crucial to avoid common mistakes that can risk your chances of receiving fair compensation. If you were injured in a truck accident, contact an aggressive lawyer in Illinois to ensure that you know and understand your rights as you move forward with your case.

Do Not Delay Medical Treatment and Documentation

One of the most critical mistakes to avoid is delaying medical treatment and failing to document your injuries. Seeking immediate medical attention after a truck accident is crucial for not only your physical well-being but the strength of your case as well. Delaying treatment may lead to doubts about the severity of your injuries or allow insurance companies to argue that your injuries were not caused by the truck accident. Furthermore, it is crucial to keep thorough records of all medical treatments, prescriptions, and related expenses to demonstrate the negative impact the accident had on your physical and emotional health.

Obtain as Much Relevant Evidence as Possible 

Failing to gather sufficient evidence can dramatically weaken your truck accident case. It is imperative to collect evidence at the truck accident scene, including pictures, witness statements, and any available nearby surveillance footage. Additionally, obtaining a copy of the police report and documenting any conversations with insurance adjusters can also be of great importance. If you fail to gather evidence, you may lose critical information, making it challenging to establish liability and prove the extent of damages. 

Catastrophic injuries are not a typical injury. For an injury to meet the criteria of being catastrophic, it needs to have a profound impact on the life of the injured person. Sometimes, the impact of an injury can be so profound, such as with a spinal cord injury, that individuals are unable to recover fully. However, this is not always the case. With the proper support and resources, there are indeed catastrophic injuries that you can slowly but surely recover from. 

A critical factor in determining whether someone recovers from a catastrophic injury or not is whether they hire a lawyer. This is because your Illinois lawyer will help you maximize your compensation. And by maximizing your compensation, you help ensure you have the resources necessary to recover as fully as possible from your catastrophic injury. 

Key Factors in Recovering from Your Catastrophic Injury

These essential factors are crucial in your recovery, including:

Losing a loved one due to another person’s negligence or wrongful actions is among the most devastating experiences someone can go through. In such cases, the surviving family members may wonder if they are entitled to automatic compensation through a wrongful death claim. Compensation in wrongful death cases is not automatic. If you need legal assistance in pursuing a wrongful death claim, contact an experienced lawyer to provide you guidance moving forward.

Establishing Liability

The first step in an Illinois wrongful death case is establishing liability. This involves proving that the negligence of someone else caused the death. It is crucial to gather as much relevant evidence as you can, like accident reports, witness statements, and professional opinions, to support the claim. Once liability is established, compensation may be pursued through a wrongful death lawsuit. 

Compensation for Economic Losses

Wrongful death compensation aims to provide financial support for the economic losses suffered by the surviving family members. This may include medical bills, funeral bills, loss of income, and future financial contributions that the deceased would have made to the family. The court considers many factors, such as the earning capacity of the deceased individual, their age, and life expectancy, to determine the appropriate compensation for these economic losses. 

Rollover car accidents are among the most dangerous types of crashes, often resulting in catastrophic injuries and death. For many people, rollover accidents are something that only happens in the movies and are thought to be no real threat in real life. However, this is not the case. 

If you were injured in a rollover accident, contact a qualified Illinois lawyer today to begin your pursuit of compensation. Legal professionals are ready to assist you and help you obtain compensation at this time when you need it most. The statute of limitations for personal injury cases in Illinois is two years. Do not wait to bring forth a claim, as missing the two-year deadline will likely result in losing your chance to pursue compensation. 

Vehicle Design and Stability

One of the primary factors contributing to rollover accidents is the design and stability of the vehicle involved. Vehicles like SUVs and vans, have a higher center of gravity, making them far more prone to tipping over. Additionally, factors like the quality of vehicle suspension, tire grip, and overall vehicle weight distribution can influence a vehicle’s stability. Poor design or manufacturing defects in these areas can increase the risk of a rollover accident. 

Pedestrian accidents are a significant concern worldwide, resulting in severe injuries and fatalities. Understanding the causes of these accidents is important for those who have been injured and are now seeking compensation. If you were a pedestrian involved in an accident and you suffered injuries, contact an attorney to learn more about your legal options. 

Five Reasons Why Pedestrian Accidents Occur

1. Negligent or distracted driving – Taking your eyes off the road is never a good idea, especially when driving near pedestrians. Drivers who engage in activities such as texting, talking on the phone, eating, or adjusting the radio are more likely to be involved in accidents. Failing to pay attention to the road and surrounding environment can result in collisions with pedestrians. 

2. Failing to yield – Although pedestrians enjoy the right of way at many crosswalks and intersections, some drivers fail to follow pedestrian signals, which can cause accidents. This may occur due to a lack of awareness or disregard for traffic laws. 

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Seatbelts are crucial safety devices designed to protect vehicle occupants in the event of a car accident. However, what happens if you are injured in an Illinois car accident while not wearing a seatbelt? If this has happened to you, understanding the legal implications now is important, as it may impact your ability to seek compensation for your injuries. Contact a lawyer today to pursue the compensation you may be entitled to as a result of your injury. 

Contributory Negligence and Comparative Fault

Illinois follows the principle of comparative fault, which means that the court assigns a percentage of fault to each party involved in an accident. If you were injured while not wearing a seatbelt, the court might determine that you were partially responsible for your injuries. This is because failing to wear a seatbelt is considered contributory negligence. The degree of fault assigned to you will reduce the amount of compensation you can recover from the other party involved in the accident. 

Impact on Compensation

Illinois operates under a modified comparative fault rule. If you are found to be less than 50 percent at fault for the accident, you can still recover damages. However, the compensation you receive will be reduced by the percentage of fault assigned to you. For example, if the court determines that you were 20 percent at fault for not wearing a seatbelt and your damages were assessed at $100,000, you would only be entitled to $80,000. 

Trucks that are loaded improperly pose a significant risk on our roads, leading to devastating car accidents with potentially fatal consequences. If you were in an accident with an improperly loaded truck, contact an experienced attorney to ensure you understand the legal implications of the situation and can have a legal professional in your corner advocating for your rights and interests. 

Understanding the Risks

Properly loading a truck is crucial for maintaining stability, maneuverability, and safety. When a truck is improperly loaded, several risks arise, including:

1. Shifting cargo – Improperly secured cargo can shift during transport, affecting the truck’s balance and stability. This can lead to the driver losing control, causing accidents such as rollovers. 

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More electric vehicles are hitting the road in Illinois and first responders want to be prepared. Firefighters are finding out that it can take three hours or longer to put out an electric car fire. By 2025 one in ten cars will be electric. Part of the problem is that thousands of gallons of water are needed when an electric car erupts into flames. If you or your loved one suffered catastrophic injuries as a result of an electric car fire, you should try to seek the help of an Illinois personal injury attorney.

Who Can Be Responsible for My Injuries?

Under Illinois law, if things meant to keep you safe do not work, you and your family should get a lawyer to help you get compensation for what happened. Most cars use batteries called lithium-ion. They are different from the old batteries with lead. These new batteries are stronger and can be charged quickly. Inside the battery, there are a lot of tiny parts called cells. If these parts break, the battery can get very hot and start a fire. Firefighters usually cannot put out these fires easily, because they need a lot of water and special tools.

Sustaining a catastrophic injury is a life-altering event. You may never be able to return to the job you had and the lifestyle you enjoyed. You may need extensive medical follow-up care including a stay in a rehabilitation facility or long-term physical and occupational therapy. Your daily needs have changed. You may require help with things you used to do independently without a second thought, such as getting dressed or cooking dinner. A catastrophic injury is likely to lead to major changes in the way you live. The expenses associated with care for a catastrophic injury can be astronomical. Aside from the cost of healthcare and medical equipment, you are likely losing income due to an inability to work. You are likely worried about how you will afford to meet your needs while you are not working or have been forced to take a lower-paid position. You may be able to recover these costs and more by filing a personal injury lawsuit against the party responsible for your injuries. 

Types of Compensation for Catastrophic Injuries 

There are many categories of compensable damages associated with an accident that leads to a major injury. You may be able to recover compensation for: 

• Medical costs - Compensable medical costs include your hospital visit, any follow-up care ordered, surgeries you need, medical equipment you may need at home, and the cost of a home health aid. 

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Minor car accidents happen all the time. In most cases, there is little damage to the cars and no serious bodily harm. Serious car accidents are slightly more unusual. Serious car accidents occur when someone has suffered a grave or catastrophic injury. In these cases, it is highly likely that the driver who caused the accident was doing something quite careless, if not reckless or illegal. When you have been involved in a serious car accident, you likely have a lot of expenses to worry about. You may be missing work while medical bills pile up. The medical bills involved in these major accidents can be very high because you are likely to need intensive medical interventions. Many who have suffered a catastrophic injury will continue to need medical care for the rest of their lives. If you were seriously injured in a car accident, it is important to speak to an attorney as soon as you are able to. You may be able to recover most or all of your expenses related to the accident. 

Common Causes of Severe Motor Vehicle Accidents 

While simple mistakes can lead to major car accidents, there are a few very common causes of the most severe crashes. They include: 

• Drunk driving - Drunk drivers are known for causing very serious accidents. This is partially because intoxicated drivers are often unable to react in time to take any action to mitigate the severity of the crash. They are likely to hit other vehicles at full driving speed instead of breaking or swerving. 

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Driving a commercial truck takes skill and focus. Truck drivers must obtain a special license before they can begin performing the job. It is important for truck drivers to be sober while they are operating a massive vehicle capable of causing extreme harm to those around it. Making a single careless mistake while driving a commercial truck can cause devastation if the truck hits other vehicles or lands on a populated sidewalk. When a truck driver is under the influence of an illicit substance, they are far more likely to make a careless mistake. If you have recently been injured in a truck accident, drugs or alcohol could have been a factor in your crash. An attorney may be able to recover the results of the truck driver’s drug and alcohol screening in order to gain evidence that substances likely led to the accident. 

What You Should Know About Substance Use and Truck Drivers

One study showed that almost 30% of truck drivers use illicit substances. Among these drivers, amphetamines were the most commonly used substance. Amphetamines can come in many forms, from prescription pills used to treat ADHD to methamphetamine sold on the street. What is alarming about this fact is that these drugs are commonly used as a performance enhancing substance. People using these drugs may not feel tired even if they are in reality significantly sleep deprived. Cocaine is another commonly used drug among truck drivers. 

Fires can be incredibly dangerous. Fire can engulf a residential building in mere minutes, leaving the people inside precious little time to get out. When a fire alarm works properly, it can alert a building’s occupants very quickly after a fire breaks out, buying anyone inside more time to get to safety. Unfortunately, fire alarms do not always go off when they are meant to. There can be several reasons a fire alarm may fail. There is a possibility that the fire alarm itself was dangerously defective in some way. There are a number of types of defects caused by the manufacturer’s, seller’s, or installer’s negligence. If the fault in your detector originated with an error made by the manufacturer or seller, you likely have a claim in products liability. If the error was caused by improper maintenance, you may have a claim in premises liability.  If you or your children were injured or a close family member passed away because a smoke alarm failed to go off, you may be entitled to compensation and should contact an attorney promptly. 

3 Types of Fire Alarm Defects Caused by Negligence 

If you had a fire in your home or another structure you were present in and the fire alarm never went off or went off far too late, it is very likely that another party’s negligence led to your injuries. Common defects in fire alarms and forms of negligent maintenance include: 

With summer now in full swing, more people are looking to swimming pools and water parks as a way to cool off and enjoy the hot weather. Swimming can be excellent fun for children and adults, and also a great workout for those seeking more exercise. However, there is danger associated with swimming pools. Accidents can happen in the blink of an eye when there is water involved. Sadly, children are very commonly injured in and around swimming pools. Of course, adults can suffer injuries around a swimming pool as well. Pools that are well-maintained, well-enclosed so that children cannot wander in, and guarded by a lifeguard are less likely to cause injury to those around the pool. If you or your child has been injured at a pool other than your own private pool, you may be entitled to compensation. An attorney can help you determine whether you may have a premises liability claim. 

Types of Swimming Pool Injuries 

There are a few very common types of swimming pool injuries personal injury lawyers often see. Common types of swimming pool injuries include: 

The number of people who enjoy riding motorcycles has grown immensely over the past couple of decades. It is estimated that there are approximately 8.6 million registered motorcycles in the United States, more than double what there were just 20 years ago. Although riding can be an enjoyable pastime, it is also one of the most dangerous, with a high risk of accidents and an even higher risk of catastrophic injuries and death in those crashes.

Motorcycle accidents often occur due to a combination of factors, such as high speeds, lack of protective barriers, and the vulnerability of the motorcyclist. The resulting injuries can be devastating, affecting not only the physical well-being of the victims but also their emotional, financial, and social aspects of life.

Traumatic Brain Injuries

One of the most common catastrophic injuries in motorcycle accidents is traumatic brain injury (TBI). The head is particularly vulnerable in these accidents, and even with the use of helmets, the force of impact can cause severe brain damage. TBIs can lead to a wide range of symptoms, including cognitive impairments, memory loss, mood swings, and even permanent disabilities. Rehabilitation and long-term care may be necessary to manage the effects of a TBI.

In the trucking industry, drivers are often pressured to meet tight delivery deadlines, resulting in long hours of continuous driving with minimal rest time. These practices increase the risk of driver fatigue, which has been identified as one of the leading causes of truck accidents. Since commercial trucks are so much larger and heavier than other types of vehicles, accidents are likely to result in serious injuries to other drivers and passengers. Because of these risks, it is important to understand the dangers of truck driver fatigue and the options for people who have been injured due to truck driver and trucking company negligence.

How Fatigue Can Affect Truck Drivers

Drowsy driving is often compared to drunk or intoxicated driving. Fatigue can have many of the same effects on a driver as alcohol or drug use, and it can significantly increase the chances of a dangerous truck accident. The effects of fatigue include:

• Reduced attention span and slower reaction times - Fatigue can make it more difficult for truck drivers to stay alert and be able to react to changing conditions on the road. A truck driver who is tired or drowsy may drift in and out of consciousness, and they may also experience delayed reaction times and impaired judgment. Fatigue may cause a driver to fail to recognize dangerous situations, or they may make poor decisions when operating a truck, leading to avoidable crashes.

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Chronic pain impacts every aspect of a person’s life. It is not only the physical pain that causes suffering, but also the stress, sleeplessness, unease, and despair caused by being in constant pain.  

If you or a loved one have suffered chronic pain because of your car accident injuries, you may be able to file a personal injury claim and recover financial compensation for your damages.

Monetary damages cannot take away your pain, but the compensation may cover the cost of pain-relieving medication and medical treatment, lost income from missed work, and other expenses. Bringing a successful personal injury claim can also provide a sense of justice and closure regarding the accident.

Few would argue that construction workers have a crucial role in society. Unfortunatley, although government regulations have been established to increase safety and reduce the chances of a construction accident, construction work is still one of the most dangerous industries. In fact, the Bureau of Labor Statistics reports that one out of every five workplace deaths occurs in the construction industry.

Trench collapse can be especially dangerous, resulting in catastrophic injuries and deaths. If you were injured or a loved one was killed in a construction site trench collapse, you may be able to take legal action and recover financial compensation.

Trench Collapse Caused by Third-Party Negligence

In March of this year, two individuals were charged with first degree manslaughter after a trench collapsed on an employee and killed him. According to reports, there were no safety devices being used to hold the trench in place and prevent collapse. The trench had already collapsed twice on the day of the fatal accident, but actions were not taken to prevent another collapse.

For many motorcyclists, riding a motorcycle is not just a means of transportation. It is something that they look forward to all winter. Warmer weather in the Chicago area means that motorcyclists can finally get back to doing what they love most.

Sadly, severe and fatal injuries are not uncommon in motorcycle accidents. The motorcycle driver is not protected by the vehicle, and the small, slender nature of a motorcycle makes it harder to see by other drivers.

If your loved one passed away in a motorcycle crash, you have the right to file a wrongful death claim on his or her behalf. However, you will need ample evidence and a strong case to successfully recover compensation through a wrongful death settlement or award.