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wheaton personal injury lawyerThere are many uncertainties that we deal with every day. However, if life has proven one thing, it is this: no one can foresee when a personal injury may befall them. Whether it be getting into a car accident, slipping and falling and injuring your back and neck, or a loved one suffering a wrongful death, we do not know if or when life will throw us a curveball. While that may be true, it is also true knowing how to hit the curveball will help if you are ever faced with one. 

The same goes for personal injuries. While you may not expect one to occur, it is better to be prepared than not. When tasked with pursuing compensation for damages related to suffering a personal injury, there are many mistakes people make that, in an instant, can significantly reduce their chances of obtaining a favorable outcome in their personal injury case. In this blog, we will delve deeper into some of the common mistakes people make when pursuing their claim. If you have suffered a personal injury, contact a knowledgeable attorney who will help ensure your rights remain protected while always keeping your best interests at the forefront of all decisions. 

Avoid These Common Mistakes When Pursuing a Personal Injury Claim 

Suffering a personal injury can be an extremely burdensome thing. To maximize your chances of recovering financial compensation, avoid making these common mistakes:

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Wheaton car accident lawyerThe holidays have arrived, and with them comes the hustle and bustle of roadways and shopping centers all over Illinois. Unfortunately, during this busy time of year, it is not uncommon for motor vehicles and pedestrians to come into close contact. Whether it be someone crossing the parking lot of a shopping center weaving in and out of cars or someone simply failing to use a crosswalk, this time of year may see an uptick in car accidents caused by pedestrians. 

In the battle of right-of-way between humans and cars, humans do not always automatically have the right-of-way. In some situations, pedestrians can be responsible for causing a car accident. Drivers and pedestrians alike have to apply reasonable care on roadways. When reasonable care is not met, accidents and injuries can happen. If you have been involved in a car accident where you believe a pedestrian is responsible, consult with an experienced car accident attorney who will work with you to defend your rights and pursue the most favorable outcome on your behalf. 

When Can a Pedestrian Be At-Fault for a Car Accident? 

Common instances of when a pedestrian is responsible for a car accident is if they jet out in front of a car quickly and the car has no time to stop before hitting them. In these cases, the driver may be able to sue the pedestrian. Damages may involve medical bills, vehicle damage, and pain and suffering. Moreover, if a car is forced to swerve to avoid hitting someone and ends up hitting a car, the pedestrian may still be liable for causing the accident. Other situations where a pedestrian may be at fault for a car accident include the following:

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wheaton workers' compensation lawyerWork injuries can have a burdensome effect on your life, career, and well-being. Luckily, you are likely eligible for workers' compensation if you are injured on the job. Workers' compensation can be a lifesaver when dealing with the aftermath of an injury since it allows the injured to pursue compensation for their injury. This compensation may be used for medical and rehabilitation costs, lost wages, a reduction in earning capacity, and more. If you live in Illinois and were injured on the job, consider yourself fortunate, as Illinois requires employers to provide workers' compensation insurance for nearly all employees. 

Workers' compensation can be tricky, particularly if you are without a knowledgeable workers' compensation attorney. Without a capable attorney, making simple but costly mistakes is easy. If you have been injured on the job and wish to pursue workers' compensation and do not wish to make any errors while filing your claim, contact an attorney to help make the process as seamless as possible. 

Common Mistakes When Filing Your Claim

Illinois law states that you must notify your employer within 45 days when you are injured on the job. This notice can come either orally or in writing. Once you have done this, it is time to file your claim, referred to as an application of adjustment claim. This claim will be filed through the Workers' Compensation Commission of Illinois. Common mistakes when filing your claim include the following:

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wheaton truck crash lawyerWhether it be an 18-wheeler, commercial truck, or cement truck, the results can be devastating when a truck strikes a smaller vehicle. Injuries resulting from truck accidents can be profoundly severe, and, in many cases, the injuries may be lifelong. Such injuries can leave families devastated and wanting answers. Aside from the physical injuries in such accidents, the financial toll can also be devastating. 

If you have been injured in a truck accident, you may be at a loss for what to do next. Suppose you have found yourself in this unfortunate situation. In that case, it is critical you contact an experienced attorney who is familiar with truck accidents and the resulting personal devastation that often follows. A knowledgeable attorney will work to protect your rights and pursue the compensation that you may be entitled to. 

Common Causes of Truck Accidents in Texas

According to the Federal Motor Carrier Safety Administration, in 2020 alone, there were over 415,000 accidents in the United States involving large trucks. Of the 415,000 accidents, 54 percent of them took place either in rural areas or interstate highways. Driver error is the leading cause of truck-involved accidents. These errors may include the following: 

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wheaton wrongful death lawyerLosing a family member can be one of the most challenging things anyone will ever have to go through. This is even more true if they died due to someone else’s negligence. However, what hurts most about wrongful death cases is that the person did not have to die. Instead, the negligence of another caused their untimely death. This can be excruciatingly painful to have to accept.

In Illinois, the Wrongful Death Act paves the way for family members to seek justice after their loved one’s death. In addition, the law allows for wrongful death claims to seek compensation if they can prove someone else’s carelessness caused their loved one’s death. If you believe your loved one suffered a wrongful death, contact an experienced attorney with knowledge of Illinois law who is prepared to fight aggressively for the compensation your family may be entitled to. 

What Are the Elements of a Wrongful Death Claim? 

A wrongful death claim may involve an event such as a car accident, medical misconduct, or even an intentional crime. With a wrongful death claim, the plaintiff must prove that:

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wheaton car accident lawyerOver the past century, automobiles have become an essential form of travel that millions of Americans rely on daily. Whether going to work or school, it is nearly impossible to imagine a life without the option of car travel. Unfortunately, however, with car travel comes car accidents. Regardless of how careful a driver you are, car accidents can happen at the most inopportune times and when you least expect it.

Another driver’s negligence may cause some accidents, and others may be caused by bad weather or car malfunction. No matter what caused your car accident, how you react after the accident can either positively or negatively affect your ability to recover compensation for car damage, physical injuries, and other losses. If you have been involved in a car accident, consider contacting a knowledgeable car accident attorney who can inform you of your rights and can work to pursue a positive outcome in your case. 

What Should I Do After a Car Accident Takes Place?

According to the National Highway Traffic Safety Administration, during the first quarter of 2022, the prevalence of car accidents in Illinois increased from 24 percent compared to the first quarter of 2021. With cases on the rise, it is more important than ever to be prepared in case you are ever involved in a car accident. After the accident itself takes place, there are several things you should do. First, remember that the moments after a car accident can be a whirlwind of fear, anger, and confusion, making it difficult to think clearly. 

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illinois workers compensation lawyerNo matter the scenario, suffering an injury at work is often a frightful experience. You came to work to do your job, and now, you find yourself injured for whatever reason. What are the next steps? Can you pursue compensation?

Fortunately, the answer is yes in most cases. You can pursue compensation for work-related injuries through workers' compensation. Unfortunately, the workers' compensation process can be notoriously difficult for many reasons. However, do not let the challenging reputation of workers' compensation stop you from pursuing the money you may be entitled to. If you or a loved one has suffered an injury at work, do not hesitate to contact a workers' compensation attorney who will work with you every step in pursuing the funds you may be entitled to.

Filing a Workers' Compensation Claim in Illinois 

Under Illinois law, after becoming injured, you must notify your employer of your work-related injury within 45 days, either in writing or orally. All workers' compensation claims are different; most cases follow a general pattern that looks like the following: 

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Can I Seek Damages for a Catastrophic Injury? 

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wheaton personality lawyerIf the past has taught us anything, it is that life is precious and can change instantly, sometimes for good and sometimes for bad. Serious injuries can befall us anytime, even when we least expect it. Whether an injury occurs during a car accident, truck accident, or slip-and-fall accident, suffering a catastrophic injury is a terrifying experience that may very well impact the rest of one’s life. 

If you or someone you love has suffered from a catastrophic injury, you should contact an experienced personal injury attorney who has previously dealt with similar cases. Hiring an attorney can result in compensation to make up for lost wages, medical bills, pain and suffering, rehabilitation costs, property damage, and more. While receiving compensation will not undo your injury, it may greatly help you and your family cope with expenses that can rapidly accumulate after such an injury. 

What Constitutes a Catastrophic Injury?

A catastrophic injury is often defined as an injury that results in severe and possibly permeant damage to whoever sustained the injury. This includes various disabilities or disfigurements. Examples of catastrophic injuries include:

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Bloomingdale Personal Injury LawyerAn unexpected fall, car crash, work injury, or another type of accident can change someone's life in the blink of an eye.  In addition to the physical pain and suffering that an individual may experience, there are also the financial burdens that come along with an accident. From medical bills to lost wages, the costs can quickly add up.

When it comes to filing a personal injury lawsuit, one of the key elements is proving damages. This includes both economic and non-economic damages, which can be difficult to quantify. In this article, we will take a closer look at how pain and suffering damages are calculated in a personal injury case.

What Are Pain and Suffering Damages?

Pain and suffering damages are a type of non-economic damage that may be awarded in a personal injury case. They are intended to compensate an individual for the physical and emotional anguish that they have experienced as a result of their injuries.

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Bloomingdale Car Crash Injury LawyerBeing hurt in a car accident can incur overwhelming costs, including vehicle repair costs, medical expenses, and lost income. Fortunately, car accident victims may be able to recoup some of their financial losses through a personal injury claim. 

If you or a loved one were involved in a serious accident, you may wonder how much compensation you could potentially receive. There is no way to predict the exact value of a car accident injury claim because there are so many different factors that affect the final payout. However, understanding the main elements of a car accident injury claim and the types of damages frequently awarded to car accident victims can help. 

Types of Damages in a Car Crash Injury Claim 

Money cannot take away the pain and trauma car accident victims experience. However,  a successful personal injury claim can help cover the financial losses associated with a car accident, including: 

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Bloomingdale Personal Injury AttorneyWork-related injuries can happen in any profession. Construction jobs and other professions involving manual labor are typically thought of as the most dangerous types of jobs. However, even someone working at a computer in an office chair may suffer a work injury.

Many work-related injuries are caused by sudden accidents. However, some injuries occur over time. These are called cumulative trauma injuries or repetitive stress injuries. Examples of cumulative trauma injuries include carpal tunnel syndrome, tendonitis, and bursitis.

Cumulative trauma injuries often happen to workers who perform the same type of motion over and over again during their shifts. For example, someone who types all day may develop carpal tunnel syndrome. Or someone who works on an assembly line and twists his or her body the same way to reach for tools may suffer from tendonitis.

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Bloomingdale Personal Injury LawyerOur eyes are some of the most important organs in our body. They allow us to see and experience the world around us. When they are damaged, it can be a deeply traumatizing experience. Individuals who suffer vision loss because of another party's careless, irresponsible, or malicious actions may be able to take legal action against that party. 

If you or someone you love has suffered vision loss or blindness in an accident, you may be able to pursue justice and financial compensation for damages through a personal injury lawsuit. In this blog post, we will discuss the basics of personal injury law in cases involving vision loss or blindness. For guidance specific to your particular situation, contact an experienced personal injury lawyer who can help you navigate these complex legal waters.

Vision Loss Caused by Negligence or Wrongdoing 

Illinois law allows people to pursue compensation for damages caused by another party's negligent or wrongful actions. Vision loss may stem from an: 

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DuPage County personal injury lawyerWhile slip-and-fall injuries may not sound exceedingly serious, these events can have detrimental legal consequences if the injury was caused by the negligence or irresponsibility of a property owner. For example, in Illinois, the Premises Liability Act states that property owners are obliged to both proprietors and guests to keep them safe from all foreseeable hazards. Furthermore, property owners must be held accountable for ensuring their property is hazard-free. 

Suffering from an injury, regardless of circumstance, can be a scary and overwhelming time for anyone. If you or someone you love injured themselves due to what you believe to be another party's negligence, consider contacting an experienced personal injury attorney familiar with Illinois Premises Liability Act. Pursuing legal action may result in you receiving compensation for your injury.

Who Can Be Held Liable for a Premises Liability Injury? 

When it comes to slip-and-fall cases, numerous parties may be held at fault in the aftermath of an injury. These parties can include business owners, landholders, leaseholders, private residence owners, government property operators, and more. However, in some instances, liability is not so cut-and-dry, primarily when an injury occurs on a property where the person responsible is a leaseholder and not the actual property owner. In cases like this, a lawyer generally examines the contract between the leaseholder and property owner to determine who is responsible for the property. 

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Wheaton personal injury lawyerYou are driving down a picturesque road in DuPage County when suddenly you are struck head-on by another vehicle. Waking up in the emergency room, the doctor informs you that you have suffered a spinal cord injury and may never walk again. Your very existence has been upended instantly, with life as you knew it irrevocably shattered. 

Catastrophic injuries from a car accident involving the neck and spinal cord are amongst the most severe injuries someone can experience. During this turbulent and frightening period in your life, it is vital to remember that since you are suffering from a personal injury, you may be entitled to financial compensation if another party's negligence caused your accident. This compensation may be related to your pain and suffering, medical bills relating to your accident, and lost wages because of the accident. 

Four Types of Injuries That Qualify as Catastrophic

According to the Illinois Department of Transportation, more than ten people every hour, on average, are injured in car accidents, with three people per day dying from their injuries. However, death is not always the result of a catastrophic injury from a car accident. So, you may wonder, what else constitutes this type of injury? 

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Wheaton workers' compensation lawyerWhen someone falls and breaks their arm, the extent of the injury is usually apparent immediately. An x-ray can further assess the damage. From there, the patient undergoes surgery, rehabilitation, and other medical treatments needed to heal the broken arm. 

Unfortunately, head injuries are much more elusive.  The brain is a complex organ, and even doctors have difficulty assessing the full extent of an injury. That’s why it’s important to seek immediate medical attention after sustaining any kind of blow to the head, even if you don’t feel like you’re injured. Head injuries and brain injuries can also cause a wide range of symptoms, including many that are difficult if not impossible to prove with a CT scan, X-ray, or similar diagnostic test.

If you suffered a head or brain injury at work while conducting work duties, you may be entitled to financial reimbursement through workers' compensation. However, the process of getting the compensation you need may be challenging.

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Taking Legal Action After a Major Shoulder Injury

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Wheaton injury lawyerMost people do not think about how often they use their shoulders until an injury limits their use. Everything from driving a car to household chores like dusting requires the use of our shoulders. When an individual suffers a shoulder injury such as a torn rotator cuff, it can impact nearly every aspect of their lives.

Rotator cuff injuries are usually the result of sudden force to the upper body. Car accidents, falls, and work-related accidents are some of the most common causes of rotator cuff injuries. If another party's reckless or irresponsible actions cause someone to suffer a rotator cuff injury, that party may be required to pay monetary compensation.

Liability for a Serious Shoulder Injury

A rotator cuff injury can cause a great deal of pain and may limit the range of motion in the shoulder. In some cases, surgery may be required to repair the damage. The victim may need months or years of physical therapy. The cost of medical treatment, lost wages, and other damages can be significant.

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When Is a Business Liable for an Assault?

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DuPage County negligent security attorneyBeing the victim of a robbery, assault, battery, sexual assault, or another violent crime is something that can change your life forever. The immediate physical injuries resulting from the attack are often just the beginning. Many people suffer from lingering psychological, emotional, and personal consequences for years or decades after the attack. They have trouble working or even completing everyday tasks like running errands. Many are consumed by fear and anxiety.

When a business's failure to provide adequate security leads to an avoidable attack, the business may be liable for damages.  If you were injured in a violent attack, you may be able to seek financial reimbursement for your medical bills, pain and suffering, and more through a personal injury lawsuit. To learn more about when a business may be held liable for an assault, contact a personal injury attorney.

Negligent Security Resulting in Avoidable Injury

Bars, restaurants, apartment complexes, concert venues, and other businesses have a legal duty to provide reasonable security. Some examples of negligent security include:

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T-Bone Accident Injury Claims in Illinois

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Wheaton car crash lawyerSide-impact crashes or “T-bone” accidents often occur at intersections. One driver may run a red light or stop sign and collide with the vehicle traveling in the perpendicular direction. Alternatively, a driver may lose control on a multiple-lane highway and cause a side impact collision.  The results of T-bone accidents can be catastrophic. The vehicle may become pinned against a guardrail or flip over. Vehicle occupants can be trapped inside the car and unable to get out.

If you or a loved one were injured in a T-bone accident, you may be able to take legal action against the at-fault party and recover compensation.

Liability for a T-bone Collision

Many T-bone accidents are caused by negligent driving such as:

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Wheaton reduced earning capacity lawyerWork accidents and injuries happen every day in the United States. Some are as minor as a skinned knee or bruise. Other work injuries lead to long-term or permanent impairment. In Illinois, workers’ compensation is required. Employers with one or more employees must carry workers’ compensation insurance which is used to reimburse injured employees for lost wages and medical bills.

If you were hurt in a work-related incident, it is important to know your rights. If your injuries have reduced your ability to work or forced you to take a lesser-paying position, you may be entitled to compensation for lost earning capacity.

Diminished Earning Capacity Caused by Serious Injury

Whether your profession involves physical labor, computer skills, or other abilities, a work injury can reduce your ability to perform your job. Many people who suffer serious work injuries cannot return to their previous line of work. Employers may be unable or unwilling to provide the accommodations and injured worker needs to perform his or her job adequately. Some injured workers must make a significant career change while others are forced to reduce the number of hours they work or take on fewer responsibilities. These changes can have a direct financial impact on the injured worker and his or her family.

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Illinois personal injury lawyersIllinois law allows people to file an injury claim or lawsuit against a party if that party’s actions caused them harm. Through a personal injury claim, individuals hurt in a car crash, commercial truck wreck, construction accident, slip and fall, or other incidents may be able to recover financial compensation for their damages.

Bringing a winning injury claim and recovering monetary damages is no easy task. Insurance companies will fight tooth and nail to avoid paying injured parties what they need and deserve. You will need a powerful claim backed by persuasive evidence to be successful.

Types of Evidence in a Personal Injury Case

Personal injury claims allow injured parties to seek financial restitution and justice after an injury. The types of evidence you will need to win your case depends on the unique circumstances of the accident that led to your injury.

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