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traumatic brain injury lawyerNavigating life after experiencing a traumatic brain injury (TBI) can be both frightening and frustrating. You may be left wondering how to pay for treatment or rehabilitation and where you can find help filing a personal injury claim. Experiencing a TBI could significantly impact your, or a loved one’s, life, and it is important to reach out to a skilled attorney to help you determine if you are entitled to monetary compensation. 

Causes of a Traumatic Brain Injury

Car accidents, a slip-and-fall accident or an act of violence can all lead to a TBI. Due to the severity of this type of brain or spinal cord injury, it is critical that those affected look for dangerous complications that can occur. Symptoms to watch out for include:

  • Loss of consciousness 

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Bloomingdale Personal Injury LawyerMost car crashes are the culmination of numerous different factors. Speeding, winter weather, driver fatigue, inadequate vehicle maintenance, and countless other circumstances can create the perfect storm of events during an accident. This can make it very difficult for police, attorneys, insurance companies, and car accident victims to know who is ultimately at fault for the wreck.

If you or a loved one were recently hurt in a car accident, you may be able to hold the at-fault party accountable for your damages through a personal injury claim. Accident reconstruction, or the process of recreating what happened during the crash, may be a crucial component of a successful claim.

Understanding How and Why an Accident Happened

Car accidents happen in a split second. Many victims find themselves suddenly injured in a wrecked vehicle without understanding how they even got there. Accident reconstruction helps piece together what happened before, during, and after a crash.

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DuPage County Workers' Compensation Claim LawyerImagine the following scenario: You are using a ladder to shelve items at work when you fall and injure your back. The painful injuries keep you out of work for several months. You file a workers’ compensation claim only to be denied by the insurance company due to a pre-existing back problem.

These types of situations can be extremely frustrating to deal with. Many employees are unaware of their rights when it comes to workers’ compensation claims. They do not realize that having a pre-existing medical problem does not disqualify a worker from receiving compensation through their employer’s workers’ compensation insurer. This is why it is always important to work with a workers’ compensation lawyer who can ensure those rights are not violated.

When a Work Injury Causes Aggravation of Pre-Existing Injuries

Falling at work can cause broken bones, back and spine injuries, traumatic brain injuries, internal organ damage, and other debilitating injuries. In addition to being extremely painful, these injuries may prevent the injured person from being able to complete work assignments for weeks, months, or even years. Some fall-related work accidents result in permanent disability.

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Bloomingdale Personal Injury AttorneyLiving in an apartment comes with benefits and drawbacks. On the one hand, apartment dwellers often avoid chores like lawn care or shoveling snow. On the other hand, people who live in an apartment are often at the mercy of their landlord when it comes to repairs and upkeep. Fortunately, renters have rights. When a landlord’s negligence causes a tenant to be injured, the tenant may be able to seek financial restitution through a personal injury claim. If you were hurt in a slip and fall accident in a rental property or apartment building, you may be entitled to compensation.

Landlord Negligence Can Take Many Forms

Whether a rental property is owned by a single individual or a company, the property owner has certain legal duties. Landlords and property owners are expected to keep the property in a reasonably safe condition. If a property owner does not fulfill this responsibility and a tenant is injured or killed, the property owner may be liable for damages.

Examples of landlord negligence that can lead to serious injuries include:

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Wheaton Personal Injury AttorneyBeing hurt in an accident of some kind often results in financial hardship. Fortunately, Illinois law allows injured people to file personal injury claims and seek financial compensation for damages. Personal injury claims may follow a car accident, commercial truck accident, an injury on someone else’s property, or another instance involving negligence or wrongdoing. Financial awards through personal injury claims can help injured people put their lives back together after an injurious accident. However, the amount of compensation that an injured person may receive varies dramatically from case to case. Read on to learn about five factors that can influence your potential payout.

Severity of Your Injuries

Typically, the worse the person’s injuries, the more medical treatment he or she will need to recover. The severity of your injuries is a major factor in how much compensation you can get. The need for surgery, rehabilitative care, medical devices, and expensive medical procedures will increase the total medical costs following the accident. Consequently, this can increase the amount of money you receive in a personal injury settlement or award. The amount of compensation you may recover for your pain and suffering is also directly linked to the severity of your injuries and the effect the injuries have on your quality of life and ability to work.

Long-Term Impact of Your Injuries

The long-term impact of your injuries is also an important factor in a personal injury case. For example, if you suffered catastrophic injuries that reduce or eliminate your ability to work, you may recover compensation for your lost earning capacity.

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Bloomingdale Personal Injury LawyerIf you or a family member were recently injured in a car crash, you may be seeking information about your rights. Car accidents can leave injured victims under mountains of medical debt and vehicle repair costs. Typically, the at-fault driver’s car insurance company is responsible for covering those costs. However, it is not always easy to determine which driver is at fault. Multiple parties may contribute to a serious wreck.

Fortunately, Illinois law allows injured people to recover financial compensation for their losses even if they were somewhat to blame for the crash. Read on to learn more about Illinois comparative negligence laws and how you can pursue compensation after a shared fault car accident.

Liability in a DuPage County Car Accident Case

The at-fault party is responsible for paying damages in a car accident case. However, liability, or legal responsibility, for the accident may fall to more than one party. Sometimes, two different drivers share liability for the accident. For example, if one driver was speeding and the other driver ran a red light, both drivers’ actions may have contributed to the crash. An injured driver may also share liability with an entity such as a manufacturing company. For example, a driver who was texting and driving may need to slam on the brakes when the car in front of them stops. If the car’s braking system contained manufacturing defects, the manufacturing company may be partially to blame.

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DuPage County Worker's Compensation LawyerAnyone who lives in the Chicago region can tell you that winters are bitter cold. Freezing winters often bring about increased risk of injury – especially injuries from slipping and falling on ice. If you were hurt in a workplace slip and fall accident on ice or snow, you may wonder if you qualify for workers’ compensation. Unfortunately, the answer is not straightforward. Many different factors can influence a worker’s entitlement to compensation, including where and when the accident occurred and the circumstances that caused the injury.

Snow and Ice Injuries

Winter weather can create icy patches that are practically invisible. Slipping and falling on an icy or snowy patch of pavement can lead to traumatic brain injuries, spine injuries, and other serious injuries. The injured person may be out of work for weeks or months. They may need extensive, costly medical care. In some cases, an individual injured in a slip and fall on ice may be entitled to workers’ compensation. However, multiple factors affect an injured worker’s ability to recover compensation through worker’s comp, including:

  • The location of the slip and fall – To qualify for workers’ comp, the injury must occur at work. If the employer owns the walkway or parking lot on which the slip and fall occurred, the employee may qualify for compensation. However, if the employee was hurt on a public sidewalk, he or she may not qualify for workers’ compensation.

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DuPage County Personal Injury LawyerBeing involved in a car accident, slip and fall accident, or work accident can lead to immediate, severe injuries. However, some injuries are more insidious. The injured person believes he or she is only mildly injured until delayed, persistent symptoms develop. Concussions are one of the most common types of traumatic brain injuries suffered in accidents. Usually, concussion symptoms disappear within a couple of weeks. However, some people suffer long-term, debilitating concussion symptoms for months or even years. This is referred to as “post-concussion syndrome” and being diagnosed with the condition can impact your personal injury claim.

Signs You May Suffer From Post-Concussion Syndrome

Concussion symptoms vary considerably. Some people suffer little more than a headache and mild nausea. Others are incapacitated by severe symptoms that affect them physically, cognitively, and emotionally. Post-concussion syndrome may cause:

  • Trouble concentrating and remembering things

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Bloomingdale Workers' Compensation LawyerOnline shopping and delivery were already increasing in popularity long before the COVID-19 pandemic. The need to stay indoors and buy items through the internet only accelerated this trend. If you work for Amazon, you know just how popular online shopping has become – especially during the holiday season. This means increased demand and increased workloads for Amazon employees.

Unfortunately, Amazon workers are injured at a rate much higher than that of similar companies. If you or a loved one were injured while working for Amazon, you may be entitled to financial compensation through workers’ compensation.

Workers’ Comp for Injured Amazon Workers

Injuries can happen at any job. However, statistics show that Amazon employees are at an increased risk of injury. In fact, Amazon warehouse employees are twice as likely to be injured while working as employees at Walmart. Slip and fall accidents, equipment accidents, and stuck-by accidents are just some of the ways warehouse workers can be injured. Some news outlets have accused Amazon of downplaying the frequency of warehouse injuries. It has also been suggested that Amazon employees are encouraged not to report work-related injuries.

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Bloomingdale Personal Injury AttorneyBeing involved in a car accident can turn your world upside down. One second you are traveling down the road and the next you are left injured and in pain. Dealing with the financial aftermath of a car crash can be overwhelming under the best of circumstances, let alone when recovering from serious injuries. If you or a loved one were hurt in a car crash caused by another party, consider working with a personal injury lawyer experienced in car accident cases. A skilled attorney will guide you through the process of seeking compensation for your damages, ensuring that your rights are protected throughout the process.

Building an Aggressive Claim for Financial Recovery

As anyone who has ever filed an insurance claim can tell you, insurance companies do not make it easy to collect compensation after an accident. A personal injury’s initial focus in a car accident case is to build a persuasive claim reinforced by strong evidence.

The attorney may gather evidence such as:

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DuPage County Workers' Compensation LawyerIn Illinois, employers are required to carry workers’ compensation insurance. This insurance covers medical expenses and part of a worker’s lost income in the event of a work-related injury or illness. Workers classified as independent contractors are not covered under Illinois’s workers’ compensation laws. If you are an independent contractor and you were hurt at work, you may feel as if you have no options. However, if you have been misclassified as an independent contractor when you actually function as an employee, you may be entitled to workers’ compensation.

Understanding the Difference Between an Employee and an Independent Contractor

Businesses and other employers often have a variety of different labor needs. Consequently, many employers employ both employees and independent contractors. Independent contractors are workers who perform work for the employer but are not directly under the employer’s control. They sign an agreement with the employer that establishes their business relationship but does not establish employment. Employees are usually confined to a specific work schedule whereas contractors have much more flexibility. Typically, contractors perform work outside of the typical work performed by employees of the company. Contractors are usually involved in an independently established trade or profession. Employers sometimes misclassify workers in order to avoid paying payroll taxes, workers’ compensation, and other expenses associated with hiring employees.

If you are unsure of whether you may have been misclassified as an independent contractor when you meet the criteria for an employee, ask yourself the following questions:

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DuPage County Personal Injury AttorneyCar crashes subject occupants’ bodies to strong forces. Even a low-speed car crash can lead to broken bones, traumatic brain injuries, spine injuries, and other serious injuries. A personal injury claim is one way to pursue financial compensation for damages caused in a collision. Through a personal injury claim, you may be able to recover monetary compensation for your medical bills, lost wages caused by missed work, and more. However, to successfully recover compensation, you must demonstrate that the car crash caused your injuries. This can be especially difficult to accomplish when a car accident victim has medical issues that predate the collision.

Whether you have a bad back, an old knee injury, or another medical concern, you may have questions about how pre-existing medical concerns can impact your car accident injury claim.

Car Crashes Can Aggravate Existing Medical Problems

A car accident can place unnatural forces on our bodies that cause significant damage. Sometimes, this causes existing medical issues to be much worse. Back pain that used to be a minor inconvenience may be debilitating after a collision. Aggravation of a pre-existing health issue or injury in a car accident can leave a car accident victim unable to work, take care of their house,  or fulfill other responsibilities. Many accident victims are left suffering in pain and unsure of their rights.

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IL injury lawyerBeing the victim of a violent crime is one of the most life-changing experiences someone can go through. Assault, battery, rape, sexual assault, robbery, and other violent crimes often leave their victims scarred both physically and mentally. Sadly, some victims do not survive their injuries.

If you were injured or your loved one was killed in a violent attack, you may be able to seek justice through the civil courts. You may be able to file a personal injury claim and recover financial compensation for your damages.

Premises Liability Claims for Inadequate Security Leading to an Attack

When most people think about legal options after an injury-causing attack, they limit their thoughts to the criminal justice system. The person who attacked you or your loved one may face criminal penalties for their actions. However, criminal penalties like imprisonment do not provide the victim with restitution. Many victims of violence are left with significant financial harm in the form of medical bills and lost income. A civil claim called a premises liability claim against the property owner may allow a victim to recover compensation for this financial harm.

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IL accident lawyerThe National Safety Administration reports that approximately 4.5 million people suffered injuries in car accidents in the year 2019 alone. Car crashes, truck crashes, motorcycle crashes, and other auto accidents cause billions of dollars in lost wages, medical bills, and other losses each year.

The financial impact of a car accident can be enough to nearly bankrupt a victim and their family. However, the consequences of a severe car accident are not only financial. Many traffic accident victims are left facing a post-accident future that differs dramatically from their life before the accident. The psychological impact of disfigurement and scarring can be just as devastating as other damages resulting from a wreck.

Understanding the Impact of Disfigurement After an Accident

For some car accident victims, injuries heal completely within a few weeks, months, or years. Other crash victims are left with permanent disfigurement that significantly impacts their everyday lives. Disfigurement may be caused by:

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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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