
Recent Blog Posts
Who Can File a Wrongful Death Lawsuit In Illinois?
Wrongful death is defined as a death that occurred due to the negligent or wrongful actions of another party. Wrongful death lawsuits may follow a death caused by a drunk driver accident, workplace accident, construction accident, assault, medical malpractice, and more. Through a wrongful death claim, a surviving loved one may receive compensation for the expenses and losses incurred by the death. This may include compensation for medical bills, funeral and burial expenses, mental anguish, and the loss of companionship. If you have recently lost a loved one, you may wonder who is entitled to bring a wrongful death claim in Illinois.
Determining Whether a Successful Wrongful Death Claim Is Possible
Not every unexpected death qualifies as wrongful death. The Illinois Wrongful Death Act states that a party may be liable to an action for damages if:
Suing a Negligent Childcare Facility For Injuries to a Child
If you are a parent, you know just how difficult it can be to leave your child in someone else’s care. Whether you are dropping your child off at school, a babysitter’s house, or a daycare facility, you may worry about the level of supervision and care your child is receiving. While many childcare organizations provide safe, loving environments for children, some childcare staff do not take their responsibilities seriously. Children can be seriously injured or even killed due to unsafe conditions and lack of supervision. If your child has been hurt while at daycare, you may be eligible for compensation through a personal injury lawsuit.
When Is a Childcare Facility Liable for Child Injuries?
Children who are playing often trip, fall down, bump their heads, or sustain other minor injuries. Some injuries are not preventable, but daycares should be organized so that there is as little risk of injury as possible. This includes installing child-proof locks on cupboards, keeping hazardous material such as cleaning agents out of children’s reach, and ensuring that small children are not left alone. The building itself should also be properly maintained so that issues like loose floorboards, wobbly handrails, broken playground equipment, or other hazards do not present a danger to children. Lastly, the facility should ensure that the staff hired to care for children are properly trained, do not have a history of violence or abuse, and can fulfill their jobs properly. If a childcare facility’s failure to maintain a safe environment for children leads to a child’s injuries, it is possible that the facility will be considered liable.
Seeking Compensation for a Wrongful Death Caused by a Distracted Truck Driver
By now, most people have heard about the dangers of distracted driving. Unfortunately, despite dozens of public awareness campaigns and increased consequences for distracted drivers, cell phone use and other forms of distracted driving continue to be a major problem. The Centers for Disease Control and Prevention estimates that accidents caused by distracted driving take the lives of nine people every day in the U.S. If you have lost a loved one in a car crash involving a distracted truck driver, you may be eligible for compensation.
Fatal Traffic Accidents Caused by Truck Driver Negligence
Motorists of all kinds should keep their eyes and attention on the road while driving, but for drivers of semi-trucks and tractor-trailers, careful attention to the road is even more crucial. A fully-loaded 18-wheeler can weigh up to 80,000 lbs and takes 40 percent longer to stop than a medium-sized car. Truck drivers taking their eyes off of the road for even just a few seconds can cause devastating accidents. In January of this year, two adults and a one-year-old child were killed on I-65 when a semi-truck collided with a line of slowing vehicles. The truck driver told police that at the time of the accident, he was looking down to put his coffee cup away. Another fatal truck accident that occurred last April involved a truck driver who was allegedly watching pornography on his cell phone at the time of the crash. The parents of an 18-year-old boy killed in the accident have filed a lawsuit against the company that owned the truck.
When is a Doctor or Hospital Legally Responsible for a Child Developing Cerebral Palsy?
Cerebral palsy is a disorder caused by the atypical development of a child’s brain often stemming from brain injury or infection. Children with cerebral palsy typically experience loss of muscle control, reduced muscle tone, impaired movement, lack of balance and coordination, involuntary movements, eye problems, and other serious symptoms. Research into the many causes of cerebral palsy is still ongoing, but in some cases, cerebral palsy is a direct result of a doctor or other medical professional’s negligence during the child’s birth. If your child has cerebral palsy, you may question whether or not medical malpractice played a role in your child’s development of this disorder.
Understanding the Medical Standard of Care
Common Mistakes Made After an Auto Accident
Understandably, many people are in a state of shock after being hurt in a serious traffic accident. They may not realize that the actions they take immediately after being in an auto accident can mean the difference between receiving full compensation for the expenses incurred by their injuries and being saddled with burdensome medical bills and other costs related to the accident. If you or a loved one are ever involved in an accident, make sure to avoid these common mistakes.
- Not Calling the Police: There are many reasons that a person involved in a car wreck may not call law enforcement to the scene of an accident. Perhaps the driver has had a negative interaction with a police officer in the past or does not realize how much a formal police report will benefit him or her if he or she ends up filing a personal injury claim. In some situations, a driver does not call the police because another driver involved in the accident suggests or outright demands that the police remain uninvolved. Do not let another driver convince you not to call law enforcement. Even if you do not plan on filing a claim, calling the police and getting a police report after an accident is essential.
What Qualifies as a Wrongful Death?
The unexpected loss of a loved one can be an absolutely heartbreaking event to endure. In addition to the emotional anguish surviving loved ones feel, there are often significant financial consequences caused by an unexpected death. For example, a mother whose husband passes away does not only lose her spouse, but she also loses his income and possibly benefits such as healthcare coverage for their children. No amount of money could ever fully compensate a grieving family for the death of a loved one. However, through a wrongful death lawsuit, some surviving loved ones are able to receive the financial relief they desperately need. If you have recently lost a loved one, you may be unsure as to whether or not this death constitutes a “wrongful death.” Read on to learn about Illinois laws regarding wrongful death and how you may be able to pursue compensation through a wrongful death claim.
Falsified Log Books May Cause Truck Accidents by Sleepy Drivers
No one would argue whether being a truck driver is a very tough job. Truck drivers are expected to drive for hours and hours each day and must meet strict delivery deadlines. This can often cause drivers to skip out on necessary sleep in order to meet these expectations. Sleep deprivation can significantly decrease a truck driver’s ability to safely maneuver through traffic. Many fatal truck accidents have been caused by truck drivers who fell asleep at the wheel or were too fatigued to react in time to prevent an accident. If you have been injured in a traffic accident caused by a fatigued truck driver, you may be eligible for compensation.
Laws Dictating Truck Drivers’ Sleep Schedules
In order to prevent accidents caused by sleepy truck drivers, a number of laws have been enacted that require drivers to take rest breaks. For example, according to the Federal Motor Carrier Safety Administration, truck drivers may drive for a maximum of 11 hours after being off duty for 10 consecutive hours. If they were off duty for only eight consecutive hours, then they are permitted to drive for a maximum of 10 hours. Truck drivers must keep a logbook that identifies the hours that they have been on the road and when they have stopped to rest. Unfortunately, some truck drivers falsify these records in order to get their driving assignments completed sooner. An experienced lawyer can analyze the truck driver’s logbook, receipts, delivery logs, and other information to find inconsistencies that show that the driver was lying.
When is a Doctor or Medical Facility Liable for an Infant’s Death?
The birth of a child should be one of the greatest days of a person’s life. However, when something goes wrong during the birth and the infant passes away, it can become the worst day of the parents’ lives. Losing a child under any circumstances is heartbreaking, but when that death could have been prevented, the heartbreak is even more excruciating. If medical negligence contributed to the death of an infant, the parents may bring a medical malpractice claim against the medical staff or the facility itself.
Who Is at Fault for the Death?
Sadly, sometimes a baby dies during or shortly after birth and there is nothing that could have been done to save him or her. Not every infant death is the result of medical negligence or wrongdoing. Medical negligence occurs when a doctor or other medical professional does not fulfill his or her “duty of care.” Medical staff members have a legal obligation to provide competent medical attention that meets the “medical standard of care.” This standard of care is defined as the level of care that a reasonably skilled medical professional of similar education and training would have provided in similar circumstances. For example, consider a scenario in which an infant passes away because the delivering doctor failed to address the fact that the umbilical cord was wrapped around the baby’s neck. If a reasonably competent doctor of similar training would have noticed the problem with the umbilical cord and taken different steps to save the infant’s life, this may mean medical negligence has occurred.
Drug and Alcohol Use Contribute to Many Serious Truck Accidents
There is no doubt that the trucking industry is a vital part of our American way of life. Just under 70 percent of all goods in the U.S are delivered via semi-trucks. However, these trucks also present a grave danger when they are not operated properly. A fully-loaded semi-truck, tractor-trailer, or eighteen-wheeler can weigh up to a staggering 80,000 lbs. When a large truck is involved in a motor vehicle accident, the damage can be catastrophic. One contributor to major truck accidents is truck driver drug and alcohol use. If you or a loved one were involved in a major truck accident and the truck driver was under the influence of alcohol or drugs, you may be eligible for compensation.
Study Shows Alcohol and Drug Use is High Among Truck Drivers
A study published in “Occupational and Environmental Medicine” analyzed the level of drug and alcohol use among truck drivers across the globe. Half of the truck drivers who participated in the study admitted to using alcohol while on the road, and 30 percent admitted to using amphetamines to stay awake on long hauls. The study also analyzed data gathered from drug and alcohol tests. The U.S. had the highest frequency of positive alcohol tests among all of the truck drivers tested. Approximately 12.5 percent of U.S. truck drivers who were tested for alcohol tested positive.
Common Birth Injuries That Can Be Caused by Medical Negligence
Giving birth to a child is one of the most miraculous experiences that a person can have. Sadly, some births do not go as planned. Research shows that about seven out of every 1000 births results in a birth injury. Some of these birth injuries are unavoidable. Others, however, are the result of negligence or wrongdoing by a doctor, nurse, or another medical professional. When medical malpractice causes an infant to be seriously injured, the results can be devastating.
Babies With Certain Risk Factors Are Most Likely to Be Injured During Birth
Infants are more likely to be injured during birth when medical devices such as a vacuum extractor or forceps are used. Some of these injuries are only superficial cuts and bruises but others, such as intracranial hemorrhages, can cause serious, long-term damage. Babies are also more likely to suffer injury if they: