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Winnebago County truck accident lawyersBeing involved in a serious truck accident can leave an individual injured, in pain, and with a massive financial burden. If you were injured in a truck accident or your loved one was killed in a fatal truck crash, you may be able to hold the at-fault party accountable for the damages incurred by your truck accident through a personal injury claim. However, to do so, you will need to prove that the actions taken by the truck driver, trucking company, or other negligent party caused your injuries. There are many different types of evidence that a personal injury attorney may use to prove the elements needed to secure compensation for you.

Event Data Recorders

Many modern vehicles, including most commercial trucks, are equipped with technology that records vehicle information. An event data recorder (EDR) or accident data recorder is similar to the “black box” of an airplane. The majority of commercial trucks have such a device. EDRs record information about how and where a vehicle was driven. Information about speed, acceleration, braking, steering, and more may be gathered from an EDR. This data can be extremely useful in a truck accident claim. However, many EDRs only store vehicle information for a certain period of time. Gathering this data before it is deleted or recorded over is crucial.

Dash Cameras and Red-Light Cameras

More and more drivers are installing dash cameras on their vehicles. If you or the other drivers involved in the truck accident have a dash camera, this footage may be a valuable source of information about the circumstances of the accident. Even if the vehicles directly involved in the accident are not equipped with dash cameras, it is possible that eyewitnesses to the accident may have captured part of the accident on their dash cameras. Red-light cameras are another potential source of information about the accident. However, obtaining camera footage and other types of evidence is often difficult – especially if the evidence vindicates your claim. Your attorney may use a “subpoena duces tecum” or other strategies in order to compel parties to surrender evidence in your truck accident claim.

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Rockford personal injury attorneysIf you or a loved one were recently injured in a slip and fall or trip and fall accident, you may wonder what legal remedies you have at your disposal. A slip and fall injury claim may help you recover financial compensation for medical bills, lost wages from missed work, and other damages. However, a successful personal injury claim is only possible if certain elements are present. To know whether or not you have a valid injury claim and may be entitled to compensation, you must consider the circumstances of the accident, and whether a party’s negligence contributed to the fall accident.

Property Owners Have a Legal Obligation to Maintain a Safe Premises

According to Illinois premises liability laws, property owners or occupiers must keep their properties reasonably safe for individuals who are lawfully visiting the property. This responsibility extends to the owners of properties such as:

  • Grocery stores
  • Shopping malls
  • Parking lots
  • Bars and nightclubs
  • Restaurants
  • Apartment buildings
  • Residential properties

Property owners who allow an unsafe condition to exist on the property and do not warn people about the hazardous condition may be liable for any injuries caused by the unsafe condition. The property owner or occupier may be required to compensate the injured person for his or her damages.

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Rockford personal injury attorneysMost people would agree that traffic can be a major source of frustration and anger. However, part of being a good driver is not letting negative emotions lead to unsafe driving. “Road rage” can lead to severe or even deadly car accidents. If you or a loved one were injured in a car accident caused by road rage, you may be entitled to financial compensation for your damages.

Some Sources Say Road Rage is on the Rise

“Road rage” or intense anger behind the wheel can be caused by countless situations. Being tailgated, driving behind someone traveling well below the speed limit, running late, and many other factors can increase a person’s frustration and cause them to experience road rage. Some instances of road rage turn into physical altercations. Other times, an angry driver may intentionally drive in a dangerous manner or even try to run another driver off the road. One study from the National Highway Traffic Safety Administration found that aggressive driving increased by a factor of 500 percent within a single decade. Other studies have showed that a significant percentage of drivers admit to dangerous behaviors such as intentionally tailgating other vehicles.

Seeking Damages Though a Personal Injury Claim

If another driver’s unsafe driving has led to an accident in which you or a loved one were harmed, you may be curious about your legal options. One option is to pursue financial compensation through a personal injury claim. Bringing a claim against the at-fault driver may enable you to recover compensation for your damages or costs. 

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Winnebago County medical malpractice lawyersGoing to the emergency room is rarely a pleasant experience. A person may go to the ER because they are having chest pain and are worried that the pain is the first sign of a heart attack. They may also visit the ER after having a severe allergic reaction. Abdominal pain, broken bones, lacerations, migraine headaches, fevers, and other medical concerns may also lead someone to visit the emergency room. Unfortunately, some ER patients go to the facility seeking answers and relief but end up being victims of harmful medical mistakes.

Emergency Room Errors Can Lead to Preventable Suffering and Death

Emergency room doctors, nurses, and other staff have the important task of evaluating patients’ symptoms and determining the necessary course of action. When an ER worker makes a mistake that leads to a patient’s injury or death, the medical worker or the medical facility may be liable for damages. Often, emergency room malpractice claims arise because of delayed diagnosis or misdiagnosis. Consider the following example: A patient visits the emergency room because he or she is having severe abdominal pain. Staff assure him that his symptoms are caused by a simple case of indigestion when in actuality, the patient is suffering from appendicitis. The patient goes home and suffers a ruptured appendix. In a situation such as this, the emergency room staff’s failure to accurately diagnose appendicitis may lead to an emergency room malpractice claim.

Other examples of emergency room errors that could lead to medical malpractice claims include:

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Rockford personal injury attorneysWhen we think about restaurants, bars, and nightclubs, we typically envision friends getting together to have a few drinks, eat a meal, dance, and enjoy themselves. Unfortunately, sometimes a night out turns into a nightmare. If you or a loved one was the victim of assault or battery at a bar, nightclub, or other commercial establishment, you may have questions about liability. Even if the police were called and the person who attacked you is facing criminal charges, you may still be left with serious expenses related to your injuries. In some cases, the establishment in which someone was physically attacked is liable for the costs suffered by the victim. However, bars and other establishments are only liable for injuries from an attack in certain situations.

Physical Attacks Can Lead to Considerable Damages

Whether you were injured in a fight or you were simply a bystander who was injured while other people were fighting, injuries from a bar fight can be severe. You may have sustained deep lacerations, broken bones, traumatic brain injury, or other injuries that required emergency medical care. Now you are left with medical bills and other financial concerns. You may be unable to work and earn an income while your injuries are healing. In situations such as these, a premises liability claim against the establishment may allow you to recover financial compensation.

Commercial Establishments Have a Legal Duty to Customers

Premises liability laws deal with the legal responsibilities that property owners have to the individuals who lawfully visit their properties. Commercial property owners and occupiers have a legal duty of care to their customers to keep the premises reasonably safe. Of course, understanding what constitutes “reasonably safe” can be quite difficult. Typically, a bar or other commercial property is legally responsible for injuries sustained by a customer when the establishment knew or should have known about a dangerous situation and did not take steps to protect customers from the foreseeable danger. For example, if patrons are routinely injured in fights caused by the bartenders overserving alcoholic drinks, it could be argued that the establishment should have taken steps to prevent future fights from occurring. The establishment may also be liable if it broke state or local laws and this unlawful conduct led to your injuries.

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Rockford medical malpractice lawyersHave you ever stopped to consider how often you use your arms? Most people use their arms to drive, eat, work, clean, and perform countless other tasks. When an injury causes someone to experience reduced functioning in one or both arms, this can have a major impact on his or her life. Erb’s palsy is a condition typically caused by difficulties during a child’s birth that results in partial or complete paralysis of the arm. Sometimes, surgery and other medical interventions can remedy the paralysis and loss of sensation. In other cases, an infant who suffers from Erb’s palsy is left with impaired functioning and disfigurement for the rest of his or her life.

How Does Erb’s Palsy Occur?

Erb’s palsy is typically caused by damage to a network of nerves in the neck and shoulders called the brachial plexus. In the majority of cases, the nerve damage is caused by a complication during birth called shoulder dystocia. When an infant suffers shoulder dystocia, one or both of the infant’s shoulder’s become stuck in the birth canal. There are four main categories of Erb’s palsy:

  • Neuropraxia: Neuropraxia occurs when the infant’s nerves are unnaturally pulled or stretched. The nerve damage does not typically cause long-term complications and may heal in as little as three months.
  • Neuroma: When the nerves are stretched so far that nerve fibers break, this damage may not be able to heal on its own.
  • Rupture: Extreme tension on the nerves can cause them to be torn in half. Nerve damage such as this typically requires surgery and can lead to severe impairment.
  • Avulsions: When the nerve is torn completely away from the spinal cord, the infant could suffer from difficulty breathing and long-term paralysis of several parts of the body.   

When is a Doctor Liable for an Infant Suffering from Erb’s Palsy?

If your baby suffers from Erb’s palsy, you may wonder if the birth injury could have been prevented. You may suspect that some type of medical mistake during the birth process is to blame for your child’s injury. Erb’s palsy can happen for a number of different reasons. Sometimes, failure to account for risk factors such as maternal obesity or diabetes, misuse of assistive tools like forceps or a vacuum, and other forms of medical negligence are the root cause of Erb’s palsy.

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Rockland personal injury attorneysWhile the basic concepts of personal injury law are generally the same, the details vary from state to state. However, these variances can make a significant impact on an injured person’s potential recovery. The amount of compensation you may receive through a personal injury lawsuit can be affected by many different factors, including the injured person’s own negligence at the time of their injury. If a plaintiff is partially at fault for the accident that caused their injuries in Illinois, the legal doctrine of comparative fault will apply.

Comparative Negligence for Accidents Caused by Shared Fault

Blame for any type of accident is rarely black and white. A car accident may occur because of a combination of factors. Weather conditions, road conditions, the speed at which the vehicles were traveling, distracted driving, and many other issues may affect the severity of an accident victim’s injuries. Illinois follows a legal doctrine called modified comparative negligence in personal injury claims involving shared fault. An injured person who is partially at fault for his or her own injuries may still be entitled to damages as long as he or she is not more at fault than the defendant. If an injured plaintiff is 50 percent or less at fault, he or she may still be able to recover damages. However, the amount of compensation he or she may recover is reduced by his or her percentage of fault. For example, a plaintiff who is found to be 10 percent at fault for an accident which causes $100,000 in damages may be able to recover $90,000.

Comparative negligence or comparative fault does not only apply to car accident cases. It may also influence other types of personal injury cases. For example, in a slip and fall accident claim, an injured person may act in a way that increased the chances of being hurt in a slip and fall accident. For example, if the injured person was looking down at their cell phone at the time of the slip and fall accident, the defense may argue that the plaintiff’s injuries would not have been as severe if he or she was paying closer attention.

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Rockford medical malpractice lawyersThe birth of a child can bring on a range of intense emotions. On one hand, anticipating the arrival of a new child is exciting and joyous. On the other hand, thinking about the sheer number of things that could potentially go wrong during labor and delivery can be terrifying. If you or a family member recently gave birth and the baby suffered a birth injury caused by shoulder dystocia, you may be left with several questions. Is shoulder dystocia preventable? Was my child’s birth injury caused by a medical mistake? Do I have a medical malpractice claim? The answers to these questions depend on your unique circumstances, however, there are situations in which shoulder dystocia is the result of medical malpractice.

What Causes Shoulder Dystocia?

Shoulder dystocia occurs during vaginal delivery when the baby is lodged against the mother’s pelvis. Carrying twins or multiples, macrosomia, maternal diabetes, medications used to induce labor, and the use of assistive tools such as forceps or vacuum extractors may increase the chances of shoulder dystocia. One or both of the baby’s shoulders may pin the baby inside the birth canal and prevent the baby from being delivered normally. Often, doctors can adjust the baby’s position and guide him or her though the birth canal unharmed. However, shoulder dystocia can also lead to serious birth injuries or even fetal death. Postpartum hemorrhage, uterine rupture, damage to the baby’s brachial plexus nerves, fractures, and asphyxia may all be caused by shoulder dystocia. A baby who experiences shoulder dystocia may even develop cerebral palsy, Erb’s palsy, Klumpke’s palsy, or other medical conditions that result in lifelong disabilities.

When is a Physician Responsible for Birth Injured Caused by Shoulder Dystocia?

If your baby suffered a birth injury because of shoulder dystocia, you may question if the injures could have been prevented or mitigated by higher quality medical care. The standard used to determine if a birth injury is the result of negligent medical care is the “medical standard of care.” This refers to the type of care that a reasonably proficient medical professional of the same training and expertise would have provided in similar circumstances.

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Rockford personal injury attorneysBurns are often terribly painful and can lead to lifelong, disfiguring scars. If you or a loved one suffered a burn injury because of another party’s negligent or irresponsible actions, you may be interested in bringing a lawsuit against the negligent party. A personal injury claim is a legal action that you can take to both hold the negligent party accountable and pursue compensation for your damages. You could be entitled to compensation for economic damages like medical bills and lost income as well as the non-economic damages incurred by your burn injury.

Bringing a Successful Burn Injury Claim

If you are like many people, you may not be sure what it takes to win a personal injury claim and successfully recover compensation for your damages. Most personal injury claims are founded upon an allegation of negligence. There are four major elements in a burn injury claim based on negligence.

  • The defendant, or the person or organization against who you are bringing the claim, owed you a legal duty. For example, product manufacturers have a legal duty to meet certain standards when it comes to flammability and overall product safety. Motorists have a legal duty to drive lawfully and responsibly. Landlords have a legal duty to ensure their properties are equipped with smoke detectors and fire escapes.
  • The defendant breached the duty. This breach of duty may have involved negligent or careless actions as well as negligent inaction.
  • Your burn injuries were caused by the defendant’s breach of duty. Establishing the causal connection between your injuries and the defendant’s actions is crucial to winning your claim.
  • You suffered damages, or financial harm, as a result of your burn injuries.

Types of Damages You May Be Entitled to Collect

Burns are not only some of the most painful injuries a person may sustain but they are also often one of the most costly injuries. Your burn injuries may have required extensive medical treatment including wound care, surgery, skin grafts, and more. The costs associated with these treatments may be considerable. Through your injury claim, you may be entitled to compensation for your past and future medical expenses caused by your burns. You may also be entitled to compensation for your lost wages caused by missed work and any impairment to your earning capacity. Recoverable non-economic damages may include physical pain, mental suffering, reduced enjoyment of life, disfigurement, and more.

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Illinois medical malpractice attorneysNo one expects doctors to be perfect, but they are held to a very high standard when it comes to patient care. Doctors or other medical professionals who make a mistake that leads to a patient's injury or death may face a medical malpractice claim. Whether you or a loved one were a victim of a birth injury, surgical mistake, or hospital error, you probably have questions about whether your situation constitutes medical malpractice. You may also be unsure of what it takes to bring a successful malpractice claim. Read on to learn about what actions may be considered medical malpractice and the main elements needed to win a medical malpractice claim.

Understanding When Malpractice Has Occurred

Few would argue against the idea that doctors, surgeons, nurses, and other medical workers have some of the hardest jobs in the world. Understandably, they sometimes make mistakes. Minor mistakes that do not result in significant patient harm are not examples of medical malpractice. However, when a medical professional makes an egregious mistake that the average medical worker would never make, and a patient is injured or killed as a result, that professional may face a civil claim for damages.

To prove medical malpractice, you and your lawyer will need to demonstrate that:

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Rockford personal injury attorneys Truck accidents often lead to catastrophic consequences. If you were injured or your loved one was killed in a truck accident, you may be desperate for answers. You may have questions about how the truck accident occurred, who is legally responsible for the accident, and how you will pay for the massive costs incurred by the accident. Truck accident liability is often complex. The liable party may be the truck driver himself or herself, the trucking company, or a number of other parties. In some cases, a truck accident stems from inadequate truck maintenance and the party responsible for compensating the truck accident victims is the party who failed to properly maintain the truck.

Accidents Caused by Failure to Properly Maintain a Commercial Truck

We often assume that truck accidents are caused by driver error, however, there are many cases in which a truck driver is not the liable party in a truck accident claim. If the truck malfunctioned, improper truck maintenance could be to blame your accident. Truck companies have a legal duty to ensure that their trucks are regularly inspected and maintained. Inadequate truck maintenance can lead to dangerous defects, including:

  • Tire blowouts
  • Bald tires
  • Brake failure
  • Steering system failure
  • Broken tail lights or headlights
  • Trailer detachment
  • Defective securement devices

Proving a Truck Accident Was Caused by Poor Maintenance

Through a truck accident injury claim, you may be entitled to compensation for the costs caused by you truck accident. You may be compensated for your past medical bills as well as the future medical costs you will encounter because of your injuries. You may also be compensated for your property damage, lost income from missed work, future lost income, and reduced earning capacity. Damages in a truck accident injury claim may also include intangible losses such as your mental anguish and pain and suffering. A wrongful death claim may enable you to hold a negligent trucking company accountable for your loved one’s death and recover compensation for your loved one’s lost income, medical expenses, funeral and burial costs, and more.

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Rockford birth injury attorneysA Cesarean section or c-section is a surgical procedure that removes an infant from the mother’s womb. Some c-sections are planned while others are last-minute and necessitated by an unexpected medical complication. If you underwent a planned or emergency c-section and you or your child were injured, you may wonder if the injury was caused by a medical mistake. You may also want to know if the doctor or hospital is liable for the harm caused. In some cases, maternal injuries or birth injuries related to a c-section are caused by medical malpractice.

Delayed C-Section and Failure to Perform a C-Section

Cesarean sections carry certain risks, so many doctors advise women to avoid having a c-section unless it is necessary to protect her health or the health of her unborn child. However, there are some situations in which a traditional vaginal birth is much riskier than delivering via c-section. A doctor may recommend a c-section if there are complications such as:

  • Abnormal progress during labor
  • Fetal distress
  • Placental abruption, placenta previa, or placental insufficiency
  • Uterine rupture
  • Pre-eclampsia/eclampsia
  • The baby is in breech position
  • Umbilical cord prolapse

An important part of any doctor’s job is to recognize the signs of medical complications and take the appropriate action. If a doctor fails to notice signs of fetal distress or other red flags that indicate that a c-section is necessary, the doctor c-section operation may be delayed or the doctor may continue with a traditional delivery. Delayed c-sections and failure to perform a necessary c-section can cause the baby to be deprived of oxygen. This may lead to severe birth injuries including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy. In some cases, failure to perform a timely c-section results in the infant’s death.

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Winnebago County wrongful death attorneysDrunk driving takes the lives of over 10,000 Americans each year. If your loved one was killed in a car accident involving a driver under the influence of alcohol, you may be interested in learning about your legal options. While no legal remedy can ever truly make up for your tragic loss, a wrongful death claim may enable you to recover compensation for the financial harm caused by your loved one’s death.

Compensation in a Wrongful Death Claim

Drunk drivers who cause fatal auto accidents can face significant criminal consequences. Surviving loved ones of those killed in drunk driving accidents also have the option of bringing a civil claim against the drunk driver. Through a wrongful death claim, you may be able to receive financial compensation for:

  • The loss of your loved one’s financial support
  • The loss of your loved one’s household services, including homemaking and caring for children
  • The medical bills incurred between your loved one’s accident and his or her death
  • The loss of your loved one’s companionship
  • The loss of parental guidance experienced by minor children of the deceased person
  • Mental suffering and grief experienced by surviving family members
  • Funeral and burial expenses

Wrongful death claims involving fatal drunk driving accidents may also include an award of punitive damages. Unlike damages intended to compensate a victim’s family for financial losses, punitive damages are intended to penalize the drunk driver for his or her actions.

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Rockford personal injury attorneysCerebral palsy (CP) is a complex medical condition that experts are still learning more and more about every day. The most common symptom of cerebral palsy is trouble with movement and coordination. Some sufferers also experience difficulty with swallowing, speaking, hearing, and vision. Cognitive impairment is present in approximately one third of sufferers. CP can cause a range of symptoms, from relatively mild to severely disabling. If your child has developed cerebral palsy, you may have questions about how and why your child developed this life-changing condition.

What Causes Cerebral Palsy?

Cerebral palsy occurs when part of the brain is damaged or develops abnormally. Congenital cerebral palsy is CP that a child is born with, while acquired cerebral palsy is caused by brain damage during the beginning of the child’s life. CP can be caused by brain damage that occurs before the child is born, during labor and delivery, or shortly after birth. Trauma, reduced blood flow to the child’s brain, or even infections like viral encephalitis may cause a child to develop CP. There is still much about cerebral palsy that is unknown.

Could My Child’s CP Have Been Prevented?

Parents of children with CP often wonder if there is anything that could have been done to prevent their child from developing CP. In some cases, there is nothing that doctors, surgeons, or other medical professionals could have done to stop the brain damage or brain abnormalities that lead to the child’s cerebral palsy. In other cases, cerebral palsy is a direct result of a medical error. Medical mistakes that most commonly lead to cerebral palsy include:

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Winnebago County distracted driving accident attorneysHave you ever taken the time to look around at the other drivers while stuck in traffic? If so, you probably noticed that many of them were looking down at their smartphone. Whether it is electronic devices like cell phones, GPS units, and radios, or human distractions like children arguing in the backseat, distractions while driving are everywhere. Distracted driving has become a tremendous cause for concern in Illinois and throughout the United States. It is difficult to know for certain how many car accidents are caused by distracted drivers, but the Centers for Disease Control and Prevention (CDC) estimates that more than 1,000 people are hurt in distracted driving accidents every day in the U.S. If you or a loved one were involved in a car accident and you suspect distracted driving was a contributing factor, a personal injury attorney may help you recover compensation for your injuries..  

Establishing the Driver’s Negligence and Recovering Compensation

Car accidents involving distracted driving can often become “he said-she said” situations. Proving that the other driver’s irresponsible behavior caused your damages and recovering adequate compensation for those damages can be quite challenging. This is why many individuals hurt in distracted driving accidents get legal support from an experienced car accident injury attorney.

There are four main elements in a successful personal injury claim:

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Winnebago County personal injury attorneysDamages are the financial and nonfinancial losses incurred as the result of an injury or death caused by another party’s negligence or wrongful act. “Compensatory damages” refers to the compensation an injured person receives for things like medical bills and lost wages. However, it is possible for a claimant in a personal injury case to receive “punitive damages” as well. Punitive damages, or exemplary damages, are above and beyond the compensation an injured person would typically receive and are only awarded in certain circumstances.

Illinois Law Regarding Punitive Damages

Punitive damages are intended to punish a defendant for actions that are exceptionally negligent or wrongful. The additional compensation awarded to the injured party serves as a deterrent against similar actions in the future. Illinois law states that punitive damages are awarded when a defendant's behavior was with “evil motive” or careless disregard for the risk of harm to others. The plaintiff in an injury claim must show that the defendant’s actions were sufficiently malicious or reckless to warrant punitive damages by “clear and convincing evidence." This burden of proof is much harder to satisfy than the “preponderance of the evidence” standard. Consequently, successfully recovering punitive damages after being injured by another party’s behavior will require the plaintiff to build a robust, evidence-based case.

Types of Injury Cases in Which Punitive Damages May Be Awarded

Illinois plaintiffs may pursue punitive damages for cases involving:

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Winnebago County personal injury attorneysPersonal injury claims enable individuals hurt by the negligent or unlawful actions of another party to recover damages, or compensation, for the losses they have sustained because of their injuries. These claims are often associated with medical malpractice, car accidents, premises liability including slip and fall accidents, and defective products. If you have decided to file a personal injury claim and pursue compensation for your medical expenses, pain and suffering, or other losses, you may have questions about how the amount of compensation you may receive will be calculated.  

Calculating the Monetary Value of Economic Damages

Medical costs are often a top motivator for personal injury claims. The amount of reimbursement you will receive for medical expenses will depend on:

  • The severity of your injuries
  • The cost of the medical treatment you have already received
  • The estimated cost of the medical treatment you will need in the future
  • The amount of time you will likely need to recover from your injuries
  • Whether there are any permanent or ongoing consequences of your injuries

You may also receive compensation for your lost wages caused by missed work. Loss of income is calculated by adding together the money you would have earned or would have likely earned if you were able to work. Lost income typically includes wages and any commissions, bonuses, or tips you would have likely received as well as compensation for the loss of your work benefits. 

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Rockford car accident injury attorneysAlthough we rarely think about it, getting into a car is one of the most dangerous things we do on a regular basis. It is estimated that approximately 6 million car accidents occur in the U.S. every year, resulting in 3 million injuries. Car accident victims may be other drivers, pedestrians, cyclists, or passengers. If you have been injured in a car accident and you were not the driver, you may have questions about your legal options. You may be left with expensive medical bills and other financial losses caused by your injuries. In many cases, a personal injury claim can help injured passengers obtain financial compensation for losses such as these.

Determining Fault for Your Car Accident

Before you can recover compensation for a car accident, the liable or at-fault party must be determined. In many car accidents, there is more than one party who is considered to be at fault. For example, one driver may have been speeding while the other driver was texting and driving or otherwise distracted. However, a passenger cannot be held liable for a car accident because he or she was not in control of a vehicle. If more than one party is liable for a car accident, you may need to file multiple claims in order to recover enough compensation to cover the full extent of your damages.

Personal Injury Claims When a Friend or Loved One Is At Fault

Many injured passengers find themselves in tricky situation because the liable party is someone that they are close to. If you were involved in a car accident and the at-fault party was your family member, friend, co-worker, or someone else with whom you have a relationship, you may be hesitant to bring an injury claim and pursue compensation. However, it is important to note that when you bring a personal injury claim for injuries suffered in a car accident, you are not usually expecting the driver to pay for your losses personally. The payments will most likely be made by his or her car insurance company.

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Rockford medical malpractice lawyersAbout a third of all babies are delivered via cesarean section or “c-section.” In some cases, a mother chooses to have a c-section birth instead of a vaginal birth. Other times, an emergency c-section is needed to prevent the baby from suffering asphyxia or other harm. If you or your baby were injured and you suspect that medical negligence contributed to the injury, contact a medical malpractice attorney for help investigating the medical staff’s actions. You may be entitled to financial compensation for your damages.

Delayed C-Sections Put Babies Lives at Risk  

When a woman goes into labor, doctors and nurses must be vigilant for signs that labor is not progressing normally. Abnormalities with the infant’s heart rate is often the first sign that he or she is in distress. An emergency c-section may be needed if the baby’s head is too big to fit through the mother’s pelvis, placental abruption or uterine rupture occurs, there is a prolapsed umbilical cord, or there are other problems that make vaginal birth too risky.

If there are indications that an emergency c-section is the safer option, doctors must quickly make the decision to perform a c-section and begin the procedure. The time between the decision to deliver a baby via c-section and the actual delivery is called the “decision delivery interval” (DDI). If a medical professional waits too long to decide to perform a c-section or the DDI is too great, the infant can suffer severe, life-threatening medical complications.

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Winnebago County defective medical device attorneysMedical advances in the last several decades have enabled people to live longer, healthier lives. Surgical tools and other medical devices have made it possible for many medical procedures to become less invasive, less risky, and require less recovery time. Unfortunately, defects in the way medical devices are designed or manufactured can make the products dangerous or even life-threatening to patients. If you were harmed by a faulty medical device, the fault may not lie with the medical facility or doctor who used the device. The fault may instead lie with the device designer, manufacturer, or seller.

Understanding the Difference Between Product Liability and Medical Malpractice

If a medical procedure or medical device caused you injury, you might assume that the injury falls under the umbrella of medical malpractice. However, a medical malpractice claim is appropriate when a medical professional or medical facility makes errors that cause injury to a patient. If a defect or flaw with the medical device itself was the cause of your injury, the issue may fall under product liability laws. 

Defective medical devices may cause pain, discomfort, or infection. Implanted devices may migrate from their original location, disintegrate, or stop working as intended. Often, product liability claims involve medical devices that have been recalled by the Federal Drug Administration because they have been found to present an unreasonable risk of harm to patients.

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