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Law Offices of David W. Clark, P.C.

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IL injury lawyerWorkers’ compensation insurance is required for all Illinois employers - and for good reason. Workers’ compensation or “workers’ comp” insurance covers an injured worker’s medical expenses and part of his or her lost income in the event of a work-related injury. In Illinois, workers’ compensation is “no-fault” which means that a worker does not have to prove that another party was at fault for his or her injuries. The worker does, however, need to show that the injury was related to work and occurred during the course of employment.

When we think of workers’ compensation injuries, we usually picture broken bones, lacerations, spine injuries, or other bodily harm. However, not all work injuries are visible on the outside. Some employees suffer psychological injuries such as anxiety and post-traumatic stress disorder because of their work. Are workers suffering from psychological problems eligible for workers’ compensation?

Mental Health Conditions and Workers’ Compensation in Illinois

PTSD and other mental health conditions can be just as debilitating as physical injuries. A person suffering from PTSD may be unable to complete work tasks or even lead a normal life. Nightmares, insomnia, flashbacks, hyper-vigilance, memory problems, and difficulty concentrating are just some of the symptoms PTSD sufferers may experience. Fortunately, individuals who suffer from mental health conditions like PTSD may be entitled to workers’ compensation if they can prove that the psychological problems are a result of their job.

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IL injury lawyerCar accidents, work accidents, falls, and other unexpected accidents happen to millions of people every day. While most accident victims walk away unscathed or with minor injuries, others are left with injuries that affect the rest of their lives.

Spine injuries are some of the most concerning accident injuries a person can suffer. The spinal cord is responsible for transferring information from the brain to the rest of the body. When the spine is injured, a person may be left fully or partially paralyzed.

Loss of Functioning Caused by Spine Damage

Most of us take our ability to walk, talk, and use our arms for granted. If you or a loved one has suffered paralysis after a car accident or other traumatic event, you know just how precious the gift of movement really is. Many paralysis victims can no longer work in their chosen profession, complete household chores, drive a car, or maintain the same level of independence they once could. Many are also left with massive medical bills and ongoing medical expenses. Fortunately, there may be a way to recoup financial compensation for damages suffered in an accident.

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Posted on in Personal Injury

IL injury lawyerCompared to traumatic brain injuries and spinal cord injuries, a fractured wrist may seem like no big deal. However, a fractured wrist can have a serious, long-term impact on your ability to work and quality of life. Medical bills can pile up quickly and become expensive, especially if you are experiencing loss of income related to the injury. At the Law Offices of David W. Clark, P.C., wrist fractures are taken seriously, as they should be. If you have suffered a wrist injury as the result of an accident, it is best to contact a lawyer promptly so they can preserve any necessary evidence should you find that you want to pursue compensation.

How Might a Wrist Fracture Impact My Life?

People rely on their wrists more than one might think. From simple daily tasks like dressing and setting the table to work-related tasks like lifting boxes or typing, having a fractured wrist can have a serious negative impact on your life. In some cases, wrist fractures take months to heal. In other cases, a person’s wrist never heals properly. Here are some ways a wrist fracture can affect your life:

  • Loss of income - Whether your collar is blue or white, you probably need your wrists to do your job. For those who work with their hands, such as auto mechanics, construction workers, and some healthcare workers, having a fractured wrist can take you out of the workforce for quite some time. For others, simple tasks like typing can become extremely difficult. You may not be able to perform your job as efficiently as you used to before the wrist fracture.
  • Hiring helpers - If you have responsibilities at home that you can no longer fulfill, such as childcare or housework, you may need to pay another person to perform these duties. If a stay-at-home parent can no longer lift their toddler or prepare meals, they may need to hire a full-time nanny. Sometimes, it may even be necessary to hire an aid to help you with basic tasks such as dressing and bathing - this is especially true for elderly persons who have fractured their wrists. All of this can become quite costly.
  • Permanent damage - Some wrist fractures may never fully heal. When surgery is needed to correct a wrist fracture, the risk of permanent nerve damage or mobility loss goes up. You may never be able to use your wrist like you used to, possibly resulting in the loss of a career.

Call a DuPage County Accident Attorney

If you suffered a wrist fracture as the result of an accident, you should contact an attorney as soon as possible after the accident. Even if you do not think your injury is a big deal, you may later come to find that it has a major impact on your quality of life and earning potential. Calling a Wheaton injury lawyer right after the accident allows them to collect evidence that could be lost if you wait too long to let an attorney investigate. Call 630-665-5678 today for a free consultation. The Law Offices of David W. Clark, P.C., will take your case seriously and fight to recover compensation for you.

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IL injury attorneyA majority of litigation related to car accidents is between strangers who were in different vehicles. A driver you do not know runs a red light and hits your car, so you sue. But what if you were a passenger of the driver who caused the accident? You still have the right to recover compensation for your injuries. If you were hurt by a careless driver while riding in their vehicle, you should contact an attorney as soon as you can after the accident. The crash scene needs to be investigated and any physical evidence needs to be promptly documented before it can be discarded or destroyed.

What Stops Injured Passengers of Careless Drivers from Seeking Compensation?

Legally speaking, nothing. If you were injured by a negligent driver, you have every legal right to recover compensation from them regardless of whether you were their passenger or a stranger in another vehicle. The main reason many injured passengers of negligent drivers never seek compensation is because they have a relationship with the driver. Odds are, if you were riding in a car driven by someone else, the driver is your friend or even relative. Most people are reluctant to contact a lawyer and seek compensation from their friend or family member.

It is important to remember that when you recover monetary damages from a driver, the driver is rarely the one who has to pay - it is their insurance company. Assuming the driver had insurance that complies with Illinois insurance coverage requirements, their insurance company will be the one compensating you for your injuries. Additionally, if the driver you were riding with caused an accident, their insurance company is going to find out about it anyway. If it was a single-vehicle accident, the driver will need to file a claim. If another vehicle was involved, that driver is going to file a claim. You should not be concerned that seeking compensation will harm your friend or family member.

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IL job injuryWhen an employee is injured while on the clock while performing their job duties, they usually have a clear-cut case for workers’ compensation. But what about employees who are injured on company property or while on work-related travel, but not actively performing their job duties? The good news is that in some cases, employees may be entitled to receive workers’ compensation for injuries that happened “off the clock.” If you were injured on company premises, or while traveling for work, contacting an attorney is a smart move. Workers’ compensation claims for off-the-clock injuries are often wrongfully denied - involving an experienced attorney from the start gives you the best chance of receiving the workers’ compensation you deserve.

When Can I Get Workers’ Compensation if I Was Hurt on Company Premises?

Just because you were not actively working when you were injured does not mean you are not eligible for workers’ compensation. You may be eligible for workers’ compensation if you were injured:

  • In employee parking - If your employer maintains a parking area at your workplace and you are injured while entering or leaving, you may be eligible for workers’ compensation. Common causes of injuries in employee parking areas include falls due to holes in the pavement or other tripping hazards and even some car accidents. However, if you parked in an area that your employer does not control, such as a public parking garage, you will not be eligible for workers’ compensation.
  • While on break - If an unsafe condition in a break room or cafeteria caused your injury, you may be eligible for workers’ compensation even though you were not technically working. For example, if a break room appliance was leaking and you slipped and fell in the puddle, you are probably covered.
  • On the premises before or after your shift - If you were injured while entering or leaving your workplace, you may be covered even if you were not on the clock. In large workplaces, such as factories or hospitals, employees are sometimes injured while walking through the facility on the way to or from their particular workstation. For example, a factory worker may be injured when machinery placed dangerously close to a walkway catches his sleeve.

Can I Get Workers’ Compensation if I Was Hurt During Business Travel?

In many cases, yes. Workers’ compensation covers a range of injuries that occur during business travel. Because you would not have been traveling in the first place if your employer had not sent you, you could receive workers’ compensation even if you were not actively engaged in a work-related activity while traveling. This can include injuries that occurred while traveling, in your hotel room, or in some cases, during an excursion such as local sightseeing.

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Posted on in Slip and Fall

IL injury lawyerSlip and falls are a fairly common type of accident that may result in a negligence claim. Injuries from slip and fall accidents can be severe and have a major impact on your life. Proving that the owner or tenant of the place where you fell was negligent is necessary to recover damages, but can be difficult in some circumstances. If you were hurt in a slip and fall, it is very important that you contact a qualified attorney as soon as possible after the accident so that evidence can be preserved.

What Must be Proven in a Slip and Fall Case?

You and your attorney will need to prove that the person in charge of maintaining the property was careless. This involves proving that this person knew about the dangerous condition that led to your injury and failed to act. Often, the dangerous condition that caused your fall was temporary - such as the classic example of a spilled liquid on the floor. This is why timing is so important. The person responsible for the premises often cleans up the spill or otherwise remedies the dangerous condition very quickly after an accident.

Additionally, you and your attorney will need to prove that the responsible person knew (or should have known) about the dangerous condition. If you cannot prove that the responsible party was aware (or should have been) of the danger, you may not be able to recover. For example, a grocery store manager may argue that she and her staff were not aware of a spill that happened shortly before you slipped on it.

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IL injury lawyerWe usually hear about amusement park injuries when a catastrophic accident occurs on a roller coaster or other thrill ride. However, most amusement park injuries do not make the news. If you or a loved one were hurt in a slip and fall accident, swimming pool accident, or another accident caused by unsafe conditions at an amusement park, it is important to explore your legal options. You may be facing steep medical bills and other financial consequences because of your injuries. A premises liability claim against the amusement park may allow you to recover compensation.

Injuries at a Fair, Carnival, or Amusement Park

For many, visiting a carnival, amusement park, or other outdoor festivities is the best part of summer. However, an unexpected accident can turn a fun outing into a trip to the emergency room. The owners and managers of amusement parks, water parks, and carnivals are expected to keep the premises in a reasonably safe condition. When an unsafe condition causes a patron to be injured, the facility may be liable for damages.

Examples of unsafe conditions that could lead to an amusement park injury include:

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IL accident lawyerBeing involved in an injury-causing car crash is traumatic regardless of the circumstances. However, accidents involving more than two vehicles are often especially chaotic. In a multiple-vehicle collision, it can be hard to understand how the accident started and what each driver’s role in the accident was. This can make car accident injury claims even more difficult to navigate.

Many pile-up accident victims have questions about who is legally at fault for the crash. They also worry that they may be blamed for causing or contributing to the crash if their vehicle struck another vehicle during the hectic accident. If you or a loved one were in a chain-reaction car crash, pile-up, or a crash involving three or more vehicles, it is highly recommended that you contact a skilled car accident lawyer for help. Your lawyer can investigate the cause of the crash, protect your rights, and help you pursue compensation for your damages.

Disputes Over Liability in a Multiple-Car Accident

Many car accidents involving multiple vehicles become cases of he-said, she-said. Drivers may underestimate or outright deny their contributions to the accidents. Determining liability or fault for a car crash involving multiple vehicles is often a complicated process that involves the expertise of several different professionals. Accident reconstructionists often work closely with car accident lawyers in cases such as these. The car accident reconstruction expert may use evidence from the crash site, vehicle damage, and a deep understanding of physics to reconstruct how the accident unfolded. In some car accident injury cases, accident reconstructionists act as expert witnesses who provide sworn testimony about what they believe happened during the crash.

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IL injury lawyerWhether a work injury is caused by repetitive motion, a sudden workplace accident, exposure to disease-causing substances, or other circumstances, the results can be life-changing. Many people who suffer a work-related illness or injury are unable to work and earn an income while they recover. They are also faced with considerable medical costs. Workers’ compensation is intended to cover expenses resulting from a work injury. However, some workers’ compensation claims are denied. If your workers’ compensation claim was denied, read on to learn about your legal options.

Reasons for Workers’ Compensation Claim Denials

Injured workers must follow certain procedures to be entitled to compensation through their employer’s workers’ compensation insurance. For example, workers must report the injury and submit the correct paperwork within a certain time fame. Independent contractors and people who are self-employed are not eligible for workers’ compensation. Workers may also be denied compensation if the injury does not warrant medical treatment or time off work.

However, not every workers’ compensation claim denial is justified. If an insurance company or employer denies an injured worker’s claim, the worker has the option to appeal the denial with the Illinois Workers’ Compensation Commission (IWCC).

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IL injury lawyerWhether you have lost a spouse, sibling, parent, child, or other loved one, an unexpected death in the family can be devastating. This devastation is compounded when the person’s death was due to an avoidable accident. In Illinois, individuals who have lost loved ones may be able to file a civil legal action called a “wrongful death claim.” Taking legal action cannot bring back your loved one. It may, however, act as a means of holding the at-fault party accountable. It may also allow you to recover financial compensation for medical and funeral expenses and other damages.

What Is a “Wrongful Death?”

According to the Illinois Wrongful Death Act, an individual has the right to pursue damages when the following conditions are present.

The person’s death was caused by neglect, default, or wrongful act. A party is considered negligent when the party had a duty of care, the party failed to uphold the duty, and the person died as a result. Wrongful death claims may be based on an allegation of negligent action or negligent inaction. For example, a trucking company has a duty to ensure that trucks are do not have mechanical problems that could cause an accident. If the trucking company failed to perform maintenance on a truck and the truck caused a fatal accident, the trucking company may be liable for damages. Similarly, a property owner who does not comply with fire codes may be liable if someone dies in a fire.

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IL injury lawyerBack injuries, neck injuries, and spine injuries can be excruciating and debilitating. When a person suffers a back injury resulting from another party’s recklessness or negligence, the injured person may be entitled to damages. They may recover compensation for the financial losses they suffered due to the injury, such as medical bills and non-financial losses like their lost quality of life. However, successfully recovering money for a back injury can be challenging. To do so, you and your attorney will need to prove several elements.

Do I Have a Valid Back Injury Lawsuit?

A personal injury lawsuit is used to pursue financial restitution after an injury. The liable party may be a business like a restaurant or retail store, an individual such as a negligent driver, or even a government entity like a city. Most of the time, the party who is ultimately responsible for paying the damages is an insurance company.

There are four main components in any personal injury case based on negligence:

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IL accident lawyerIf you have ever been involved in a motor vehicle accident, you know how stressful and frightening the situation can be. This fear and frustration is only amplified when the perpetrator flees the scene and the accident becomes a hit-and-run. Whether the assailant is found or not, it is possible for you to recover damages with the help of a DuPage County car accident attorney.

What Is a Hit-and-Run Car Accident?

A driver leaving the scene immediately after hitting another vehicle, piece of property, or a person has just committed a hit-and-run. Every state has laws and consequences against committing this crime.

In Illinois, there are rules that must be followed after any car accident. For instance, all individuals involved in a car accident resulting in injury or property damages must first stop their vehicle as close to the scene as safely as possible and provide all necessary personal information (i.e., name, address, driver’s license). If the rules are not followed and the driver at fault does not remain at the scene, they could face a range of consequences from a small fine to a prison sentence.

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IL accident lawyerDeveloping an injury at your job can be very unpleasant. Severe, one time injuries - such as a fall or crash - gain a lot of media attention, however, the most common of workplace injuries arise from small everyday tasks and motions. This type of workplace injury is called a repetitive stress injury. If you have developed a repetitive stress injury, a DuPage County personal injury attorney can help you fight for your workers’ compensation.

What Is an RSI?

RSIs also go by other names such as repetitive motion injuries or overuse injuries. RSIs form a large umbrella over injuries like carpal tunnel syndrome, tendonitis, and rotator cuff syndrome. Because it takes a long time for injuries like these to become noticeably bothersome, it is vital to pay attention to them from the beginning. A key factor of receiving workers compensation for such injuries is that you can prove that it was directly caused from the job.

Unfortunately, RSIs are very common and often go untreated. With the delayed symptoms of these injuries, it is likely the employee will not notice their pain or weakness until much later on. For instance, working at a computer and sitting at a desk chair all day can lead to various nerve issues in your hands and severe posture issues overall.

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IL accident lawyerProperty owners have a responsibility to keep their property in a reasonably safe condition by law. Of course, knowing what constitutes “reasonably safe” can be extremely difficult. If you or a loved one were recently injured in an apartment complex, restaurant, bar, retail store, or even a residential property, you may be interested in filing a premises liability claim and recovering compensation.

A successful premises liability claim may provide financial compensation for medical expenses, lost income from missed work, pain and suffering, and more. However, it can be hard to know if you have a valid claim. Read on to learn about Illinois’s premises liability laws and what you should do if you or a loved one were hurt on someone else’s property.

Illinois Premises Liability Laws

Head injuries, spine injuries, broken bones, burns, and countless other injuries may be caused by unsafe conditions on a commercial or residential property. In Illinois, a property owner’s duty or legal obligation to visitors varies. Commercial property owners owe the highest duty to invitees. Patrons at a business such as a nightclub or grocery store would fall under the category of invitees. Licensees are people who enter a property for social reasons. Property owners are required to keep properties free from unreasonably hazards for invitees and licensees. Property owners have lowest duty of care toward trespassers.

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IL accident lawyerEach year, millions of people get into car accidents. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6.7 million traffic accidents that occurred across the country in 2019. Of those, more than 33,000 crashes involved at least one fatality. Being in a traffic accident can be a scary situation, resulting in extensive injuries and extreme damages. Luckily, filing a personal injury claim can help you regain some of the compensation that you deserve for your injuries.

Avoid These Mistakes During Your Personal Injury Case

If you have been injured in a car accident, filing a personal injury claim is often your best chance at obtaining the compensation that you need for your damages. Sometimes, personal injury cases can take a few months, if not longer, to be completed. During that time, it is important that you do not make any mistakes that could jeopardize your personal injury claim. If you have been injured in an accident, here are a few mistakes that you should try to avoid making:

  • Not calling the police to the scene of your accident. Sometimes, if the accident does not seem serious or if nobody has suffered obvious injuries, people may not want to call police to the scene of their accident. However, this is a mistake. When you call police to the scene, they are required to make a report. That police report can provide vital evidence in a personal injury claim for a car accident.
  • Not seeking medical care after the accident. Even if it does not seem as if you suffered any injuries from your incident, it is always a good idea to seek medical care after any type of accident. If you do not seek immediate medical care, it may be argued that your injuries were not as serious as you allege or that you are not even injured at all.
  • Not filing your case as soon as possible. For personal injury cases, most of the time there is a two-year statute of limitations on filing a claim. After those two years, your case would not be heard in court. Time is of the essence in personal injury cases. Filing your case as soon as possible increases the chances that your case will go smoothly.
  • Posting contradictory or misleading information on social media. In today’s world, nearly everyone uses social media. It can feel like second nature to post about how your recovery is going on Facebook, but doing so could paint an incorrect picture of what your injuries are and how serious they are. The best thing to do after filing a personal injury claim is to simply stay off of social media for the time being.

Speak with a DuPage County Personal Injury Attorney

Filing a personal injury claim can be a long, stressful and sometimes confusing process, but that is why you should have help from a skilled Wheaton, IL personal injury lawyer. At the Law Offices of David W. Clark, P.C., we can help guide you throughout the personal injury claim process to help you avoid making irreversible mistakes. To get started discussing your case, call our office today at 630-665-5678 to schedule a free consultation.

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IL accident lawyerFor many Americans, driving is a daily task that is pretty much unavoidable. Many people in the United States live in areas that do not have very good public transportation systems, forcing them to spend more time commuting in their own vehicles. Driving can be a frustrating task, but most people can manage the stresses that come with it. However, some people may become so angry and frustrated that they lash out, usually toward other drivers on the road. In some cases, road rage can be the cause of a car accident that can leave other drivers with serious injuries. Fortunately, many victims of road rage are able to file a personal injury claim to help recoup some of the losses experienced as a result.

What Is Road Rage?

In general, road rage is defined as angry or aggressive behaviors exhibited by drivers when they are behind the wheel of a vehicle. Even though it may sound extreme, road rage is not an uncommon occurrence. According to the American Automobile Association (AAA), one survey found that 80 percent of drivers had exhibited aggressive or aggravated driving behaviors at least once in the year prior. Road rage can include a range of behavior, such as:

  • Tailgating or following other drivers too closely
  • Yelling at other drivers
  • Honking or making angry gestures toward other drivers
  • Blocking other people from changing lanes
  • Cutting off another driver in traffic
  • Intentionally and purposefully ramming your vehicle into another car
  • Getting out of your vehicle to confront another driver

Proving Road Rage

Just like in any other case, you must be able to prove that the other driver was negligent when they were in the accident. Evidence for road rage accidents may include things such as:

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IL job lawyerAny type of injury that a person sustains has the possibility of temporarily affecting their life and their ability to work. However, some injuries can be more serious than others and can leave a person dealing with the effects of the injury for life. There are various types of benefits that are paid out by the Illinois Workers’ Compensation Commission (IWCC), both for injuries that are temporary and injuries that will last much longer. If an injury leaves a permanent scar or disfigures a person, they may be eligible for permanent partial disability (PPD) benefits from their employer. Disfigurement cases are notoriously subjective; what one person considers to be “disfigured,” another one may not. Having a skilled workers’ compensation lawyer on your side can be extremely beneficial to your case.

What Qualifies as Disfigurement?

Many different types of businesses see scarring and/or disfigurement injuries, however, manufacturing and other industrial jobs can be particularly prone to more serious injuries that may cause permanent scars or disfigurement. According to the Illinois Supreme Court, disfigurement comes into place when a healed scar “impairs or injures the beauty, symmetry or appearance of a person or thing; that which renders unsightly, misshapen or imperfect or deforms in some manner.”

If a person claims disfigurement, the scary must be both permanent and serious. However, these types of cases are very much subject to opinion. The location of the scar also matters. In general, Illinois allows for disfigurement claims to be paid out to individuals who suffer a serious and permanent scar to their head, neck, face, arm, hand, chest above the breast line or leg below the knee.

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IL injury lawyerEven though summer does not technically start until near the end of June, June typically marks the beginning of the summer season. The temperatures are rising and the sun is shining full blast most days, which can be fun for beach goers and other outdoor enthusiasts, but stressful and sometimes even deadly for some workers. According to the Occupational Safety and Health Administration (OSHA), overexposure to heat is a real concern for many U.S. workers. Overexposure to heat can lead to serious illness or even death, causing dozens of worker deaths each year. Your employer has a responsibility to protect you from heat exposure in your workplace. If you have suffered a heat illness while at work, you may be eligible to claim compensation.

Occupations That Face Heat Exposure

There are various occupations from many different industries that have a daily risk of overexposure to heat. Both indoor and outdoor occupations have the potential to cause heat exposure that can lead to serious injury. Some of the occupations that are most likely to expose employees to excessive heat include:

Indoor Occupations

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IL accident lawyerFollowing a car accident, most people’s concerns are focused on their immediate injuries, the ones they can feel and see. Next, they are focused on the injuries of the people around them. As time goes on and everyone heals, very few people focus on how the accident is affecting their emotional well being. A car accident is a scary experience, even if it is just a small rear-end collision. When circumstances are more serious, the accident can be traumatic and can leave a lasting effect on your mental state, which can develop into an issue that affects your everyday life. In some cases, you may be able to claim compensation for a mental illness or injury developed after a car accident.

What Is PTSD?

After a car accident, it is completely normal to experience some sort of anxiety or fear about the situation. However, most people will get better as the weeks go on. If they do not get better, there might be something more going on, possibly something such as post-traumatic stress disorder (PTSD). Classic symptoms of PTSD include:

  • Recurrent nightmares
  • Flashbacks to the event
  • Avoiding things that remind the victim of the accident
  • Always being on edge or being easily startled
  • Aggressive or angry outbursts

There are also other symptoms that could appear as a result of PTSD. These symptoms include:

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IL job injury lawyerAny kind of accident carries the possibility of changing your life forever. In some cases, an injury may be so severe that it takes years to heal. At times, an injury could even become permanent and chronic, condemning you will live with it for the rest of your life. It is not uncommon for an injured worker to no longer be able to perform the work they once did. Many times, this can cause them to earn less than what they used to earn, which can place unfair financial stress on their family. If you were injured at work and have lost wage earning capacity, you may be able to claim those losses in a workers’ compensation claim.

What Is Lost Earning Capacity?

Many people use the term “lost earning capacity” and “lost income” interchangeably or to mean the same thing. However, they actually mean two different things. Lost wages or income refer to the money that you have lost between the time you were injured and the present. Lost earning capacity refers to a partial or total loss of the amount of income you earned prior to becoming injured.

Lost earning capacity can be difficult to calculate because there are many different factors that go into that calculation. These factors can include:

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