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Rockford personal injury attorneysHead injuries are tricky. Sometimes a person falls and bumps their head and all they are left with is a small bruise or mild headache. However, sometimes life-threatening brain injuries can be caused by just a simple accident. Slipping on a wet floor can cause someone to fall backwards and hit the back of their head which causes a brain bleed. A fall from an electric scooter onto concrete could also cause a serious brain injury.

Brain injuries can happen for almost any reason. When these injuries are caused by negligence, the injured person or his or her loved ones may be able to receive compensation for their damages.

When Are Damages Awarded?

If an injury-causing accident was the result of another party’s reckless or negligent behavior, the injured person may consider filing a personal injury lawsuit. In order to bring a successful civil suit, the injured person and his or her attorney will need to prove several things. Firstly, they must show that the negligent party had a duty to the person harmed and that this duty was not upheld. For example, anyone driving a motor vehicle has a duty to obey traffic laws. A drunk driver who causes an accident is not fulfilling this duty. Next, they must prove that the negligent party’s action was the cause of the harm. Lastly, they must prove that the victim suffered calculable damages.

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b2ap3_thumbnail_emergency-room-mistakes-malpractice.jpgShockingly, studies show that medical errors are now considered the third leading cause of death in the United States. It is estimated that between 250,000 and 440,000 people in the U.S. lose their lives every year because of medical mistakes. One place where medical errors often occur is the emergency room. If you have ever had to visit an emergency room, you probably already know that they can be chaotic environments. People go to an emergency room for a variety of ailments, some life-threatening and some not. If you or a loved one suffered because of a mistake an ER doctor or technician made, you may have grounds for a successful personal injury claim.

Mistakes Made in the Emergency Room Can Be Deadly

Emergency room errors are appallingly common. In fact, some sources report that about 5-10% of all ER visits involve mistakes. Because there are approximately 100 million ER visits in the United States each year, this means 5-10 million emergency room errors are committed every year. Of course, not every mistake is life-threatening or even harmful, but many of these mistakes have the ability to kill a patient. Emergency room doctors and nurses cannot always immediately know what is wrong with a patient or how to treat him or her. However, when emergency room mistakes are egregious or caused by medical negligence, the mistake may become an issue of medical malpractice.

Most Common Errors Made in the ER

When it comes to emergency medicine, even the smallest mistake can cause significant damage. The most common types of medical mistakes that occur in American emergency rooms include:

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Rockford defective products attorneysParents usually trust that the toys and other child or infant products their young ones enjoy are safe. While this is generally the case, sometimes defective or malfunctioning children’s products can make it into the hands of the most vulnerable among us. In fact, the Center for Injury Research and Policy at Nationwide Children’s Hospital estimates that a child suffers a toy-related injury every three minutes in the United States. In 2014 alone, 251,000 children needed emergency room treatment for toy-related injuries. If you have a child who was injured by a toy, you may be able to receive compensation for your damages.

Assigning Blame for Defective Toys

Defective and dangerous toys are often recalled. However, it can be hard to know exactly who is to blame when a defective toy injures a child. It is possible that responsibility in a toy-related product liability lawsuit lies with the manufacturer of the toy or its components, the company that that sold the toy; the company that assembled the toy, or another party. Toy deficiencies often involve a manufacturing defect which damages an entire product line or a flawed toy design which was unsafe to begin with. If poor manufacturing or unsafe design can be shown to be the cause of injuries, then the toy manufacturer or designer may be held liable for damages. Lack of adequate warnings can also cause injuries. If it can be proved that practical instructions or warnings would have reduced or prevented the injuries your child sustained, you may have a valid personal injury case. However, if the danger that the toy posed was generally known, you may have a harder time making a successful injury claim.

Injuries Caused By Faulty Children’s Toys

There are many ways in which a child can be injured by a defective toy. These include but are not limited to:

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Winnebago County nursing home injury attorneysPlacing a loved one in a nursing home or assisted living facility can be an incredibly difficult thing to do. Most people make this decision because they do not have the ability to provide the round-the-clock care that their loved one requires – especially if they have a career or family of their own to care for. We trust that nursing home staff will provide competent medical care and treat our loved ones with dignity and respect, but tragically, this does not always happen. If you have a loved one in a nursing home, make sure you are vigilant for signs of neglect and abuse.

Staffing Issues Can Lead to Neglect

Many nursing homes are understaffed. Others have high staff turnover which means that staff often do not have time to form personal relationships with residents. Inadequate training can also be a major problem which leads to poor care in a nursing home. When staff are not properly trained or are overworked, they can make serious mistakes which endanger residents. Nursing home residents with compromised immune systems, ongoing medical issues, and elderly residents are most at risk of dying from neglect.

Signs That Your Loved One is Not Being Properly Cared For

Often, nursing home residents suffer from cognitive decline in addition to physical conditions. Residents with dementia or Alzheimer’s disease may not be able to understand or remember that they are being mistreated. In situations like this, it is up to the loved ones to look for red flags that something is not right. Signs that your loved one may be neglected in a nursing home include:

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Winnebago County personal injury attorneysMost people never expect to suffer an injury while they are enjoying a nice meal in a restaurant. Fortunately, restaurant patrons in Illinois who have been injured due to negligence are often able to recover compensation for damages. Read on to learn about premises liability suits for injuries that occur in restaurants and what you should do if you were injured due to another party’s carelessness.

Slip and Fall Injuries Sustained at Restaurants

There are several different ways that a person could be injured while out to eat. One of the most common injuries sustained by restaurant patrons is a slip and fall injury. For example, when staff neglect to clean up spills, they create an environmental hazard that could cause a customer to slip and fall. Sometimes falls result in nothing but a bruise or two. However, if the injured person hit their head or spine when they fell, the resulting physical damage could be much worse.

Slip and fall accidents are especially concerning for elderly or disabled individuals. A fall which would only result in minor injuries to a healthy person could result in broken bones or worse in an elderly, sick, or disabled person. Poor lighting, uneven surfaces, icy walkways, and broken stairs contribute to falls as well.

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Winnebago County truck accident lawyersMany people feel uneasy driving behind a large semi-truck or other vehicles carrying cargo. Looking past the steering wheel and seeing large crates or other objects strapped the vehicle in front of you can be unnerving to say the least. Unfortunately, these fears are not completely irrational. While most truck cargo is loaded and strapped down securely, loose cargo can and does sometimes fall out of trucks. The debris can easily hit another vehicle or cause an accident. Sadly, people have been seriously injured and killed due to improperly loaded or loose truck cargo.

Trucks with Unsecure Cargo Are in Violation of Federal Law

The Federal Motor Carrier Safety Administration (FMCSA) mandates that truck cargo is to be properly secured by using equipment like wedges and/or tie-downs so that it does not shift during transportation. The use of inflatable bags and similar materials as filler or padding between pieces of cargo or between the cargo and the trailer walls may be necessary to prevent cargo from moving within the truck and causing problems. Cargo that is not adequately secured can shift during transportation and easily throw an 18-wheeler off balance. This can result in a jack-knife accident or other serious collision. Loose cargo that falls into the road can also be a deadly hazard.

Transportation companies who do not take appropriate measures to secure cargo are not only in violation of the law, but also put the driver of the truck and other motorists’ lives in danger. Companies who fail to uphold proper loading procedures can be held liable for accidents, injuries, and deaths caused by the loose cargo.

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Winnebago County personal injury attorneysBeing involved in a car crash can be terrifying. After the accident, an injured person may be left unable to work or enjoy their life and burdened with costly medical bills. If you have been injured by a person who was driving under the influence, you may have an opportunity to recover compensation for your damages through a personal injury suit.

While insurance companies may offer some compensation for a car accident that was not your fault, insurance settlements are often too small to cover all of the damages the injured person endured. Suing the other driver or their insurance company is one way to help cover the costs of missed work, ongoing medical care, and other damages. There are certain steps anyone should take after being injured in an accident. If you plan to pursue compensation, it is even more important that you follow these procedures.

Always Go to the Hospital After an Injury-Causing Accident

Often, a person injured in a car accident does not immediately realize the extent of his or her injuries. Adrenaline and fear can mask the pain and cause an injured driver to underestimate the seriousness of the situation. Unfortunately, without formal medical records describing the injuries caused by the accident, it can be difficult to bring a successful personal injury suit.

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Winnebago County personal injury lawyersMany working parents send their children to daycare, before and after school programs, summer camps or another type of childcare. These programs can be wonderful tools for working parents or for parents who want their children to have some extra socialization and education. Unfortunately, not every childcare organization meets the expectations parents have regarding health and safety. Some daycares are not kept to a high standard of cleanliness and others are staffed by undertrained or underqualified employees. If your child suffered an injury or illness because of negligence on the part of a daycare or childcare facility, you may be able to seek compensation for medical bills and other damages through a personal injury suit. 

Always Get Injuries Evaluated by a Medical Professional 

As with any injury claim, the person bringing the claim, called the claimant, and his or her legal team must prove that the injury caused damages. The best way to show proof of this is with medical reports and bills. Bringing a successful personal injury suit without an official medical report can be nearly impossible. Do not hesitate to talk your child to the doctor or emergency room if he or she is injured at while under the supervision of a daycare or childcare facility. You may also be able to seek compensation for your child’s pain and suffering in addition to medical bills.  

Daycare Center Duty of Care 

Not every injury that occurs at a daycare is the result of negligence. Sometimes children simply get hurt when they are playing. However, it is the duty of the daycare facility to minimize the chances of injury as much as possible. In the law, the term “due care” is used to refer to the degree of care that a reasonable person would exercise to prevent foreseeable harm. The question of liability or blame for a child’s injury usually comes down to whether or not the daycare facility or staff failed their duty of providing appropriate care.

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Winnebago County personal injury attorneysSpring is slowing arriving in Northern Illinois, and many motorcyclists cannot wait to jump on their bikes and ride. But, what happens if you are injured in a motorcycle accident or your loved one was killed while riding a motorcycle? Not only is a motorcycle accident a terrifying ordeal to experience, it also can result in unexpected medical bills, lost wages from missed work, and ongoing expenses like physical therapy and rehabilitation. Fortunately, you may be able to receive financial compensation for your motorcycle injuries through a personal injury lawsuit.

Assigning Liability in a Motorcycle Crash

In most motorcycle accident cases, it is important to determine who was liable for the accident. In some cases, it is easy to tell who is to blame. For example, if you were riding your motorcycle and you were hit by a motorist who was driving under the influence of alcohol or drugs, he or she will most likely be held liable for the accident. The question of liability usually comes down to whether or not a party was negligent. An individual is negligent when he or she acts in a careless or dangerous manner and causes damage to another person. In personal injury suits, the burden of proof is on the claimant to prove that the defendant acted negligently and caused the injury.

Damages in a Traffic Accident involving a Motorcycle

The word “damages” is used to describe the harm, both economic and noneconomic, that an accident causes an injured party. Generally, the more substantial the injury, the higher the amount of compensable injury damages there are. Damages in a motorcycle injury case often include the claimant’s:

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Winnebago County personal injury attorneysThe birth of a baby is one of the most joyous occasions a person can experience. Sadly, not every birth is without complication. Some birth injuries are mild, such as a small bruise or cut, while other birth injuries can have life-altering consequences for both the child and his or her parents. Some birth injuries happen due to no one’s fault or intention. Others are caused by medical negligence. When a doctor or other medical staff makes a careless mistake, they can cause permanent disability or death to a vulnerable infant. A medical malpractice lawsuit can help hold negligent medical staff accountable as well as provide compensation for damages.

Doctors Have a Duty of Care to Patients

Medical negligence occurs when a medical professional fails to uphold his or her “duty of care” to his or her patient. Duty of care refers to the responsibility a doctor has to provide reasonably competent medical care to his or her patients. When a medical professional makes a poor decision which most medical professionals in his or her line of work and experience level would not have made, this may be a breach of duty of care. If a tragic event occurred during a birth, but the doctors and nurses made competent decisions while handling the crisis, this is likely not an example of medical negligence.

Common Birth Injuries Caused by Medical Negligence

The most common birth injuries which can be caused by medical negligence include:

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Winnebago County medical malpractice lawyersWhen most of us visit a doctor or other medical professional to address a health concern, we trust that he or she knows what they are doing and will be able to help. Understandably, doctors do not always immediately know what aliment is causing their patient to suffer. However, doctors, nurses and other health care professionals have a duty to treat patients to the best of their ability. When a negligent medical professional misdiagnoses a patient and the resultant medical treatment (or lack of treatment) causes the patient harm, a medical malpractice suit may be appropriate.

Diagnostic Errors Are One of the Most Common Causes for Medical Malpractice Claims

The law does not expect doctors to be perfect. Many times, a patient suffers from a complex array of conditions which may be challenging to identify and treat. Doctors and other medical professionals are not held legally responsible for every diagnostic error they make. However, when carelessness or negligence causes a patient harm, doctors should be held accountable. A successful medical malpractice suit includes the following elements:

  • An established doctor-patient relationship;
  • The doctor or other health care worker was negligent; and
  • The negligent party’s actions caused actual injury to the patient.

Understanding When a Doctor is Negligent

Negligence can be tricky to understand in the context of a medical malpractice suit. A misdiagnosis or delayed diagnosis itself may be a mistake on the part of the health worker, but not necessarily evidence of negligence. Generally, a medical professional is negligent when he or she not provide treatment in a reasonably skilled and competent way. When deciding if a medical professional was negligent or not, courts may invite other similarly trained or experienced professionals to weigh in on the matters. If most medical professionals of similar expertise would have made a different decision than the medical professional accused of malpractice made, it is likely he or she will be considered negligent.

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Winnebago County product liability attorneysThis week, college basketball player Zion Williamson suffered a knee injury during one of the most important basketball games of the season. The Duke Blue Devils star was moving across the court when he appeared to lose his footing and injure himself. A closer inspection shows that Williamson did not simply misstep; his shoe had actually ripped apart. When he put his foot down, the 18-year-old basketball star hurt his knee and later limped off the court in pain. Although the injury was described as a “mild knee sprain” by Duke coach Mike Krzyzewski, the injury brings up many concerns regarding the products we use and trust every day. A freak injury has the potential to ruin the career of an aspiring professional athlete. If that injury was caused by a defective or flawed product, a personal injury lawsuit may be appropriate.

Understanding the Purpose of Personal Injury Lawsuits

Unfortunately, personal injury suits have gotten an undeserved bad reputation. Personal injury suits are important for helping victims of negligence gain compensation for damages, but they also help hold companies accountable for the products they manufacture. Part of the reason we are able to trust the products we buy to be safe and work the way they are intended to is due to pressure from potential injury suits. Product liability suits can be brought against the manufacturer, distributor, or designer of a product.

A Serious Injury Can Reduce a Person’s Future Employability

After Williamson’s injury, the Nike company addressed the incident, saying, “We are obviously concerned and want to wish Zion a speedy recovery." Nike also added that “The quality and performance of our products are of utmost importance.” Although the injury caused by the shoe breaking was mild in this case, a more serious injury would have greater possible legal consequences.

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Winnebago County personal injury attorneysSmartphones have revolutionized the way we communicate with each other and get information about the world. Smartphones are so wonderful that some people have trouble putting them down, even while driving. The statistics about texting and diving are grim: over 1,000 people are injured every day in auto accidents caused by distracted drivers. If you were injured or someone you love was killed due to the inattention of another driver, you may have a valid personal injury or wrongful death claim.

Texting While Driving Is Reckless and Irresponsible

Texting and driving is one of the most dangerous types of distracted driving because it integrates visual, manual, and cognitive distractions. Trying to text or otherwise use a cell phone while driving means that a driver takes his hands, eyes, and mind off the road. Someone who is texting and driving is essentially driving blind. If a driver is traveling at 55 mph and looks away from the road for only five seconds, he or she has already traveled the length of a football field.

 Because of the great danger it poses to other drivers and pedestrians, Illinois bans texting and driving by law. Illinois motorists may still talk on the phone while driving, but only using Bluetooth technology or a hands-free device. Recently, Illinois imposed even stricter penalties for distracted drivers which will start in July 2019. Those caught texting while driving will now face more serious penalties for violating the law including possibly having their driver’s license suspended.

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Rockford personal injury attorneyPerhaps more so than any other legal action, personal injury lawsuits are shrouded in misunderstanding. People hear television commercials about getting compensation for an injury and incorrectly assume that personal injury lawsuits are designed to “cheat” the system and make an easy buck. The purpose of personal injury lawsuits is to compensate a person for injuries sustained due to another party’s negligence.

If you are ever hurt by a drunk driver, defective product, unsafe environment, dog bite, incompetent medical professional, or another act of negligence, you may be out thousands of dollars. Medical bills and ongoing physical therapy can easily bankrupt a person, and insurance companies are notorious for only covering a minimum of costs. Missed work can result in even more financial hardship. Injury suits provide an avenue for injured people to recover some of these costs as well as be compensated for pain and suffering. Read on to learn about how personal injury cases are often misunderstood and how you can pursue compensation for your injuries.

Falsehoods Regarding McDonald’s Hot Coffee Case Damaged Public Perception of Personal Injury Suits

Back in 1992, a 79-year-old woman bought coffee at the McDonald’s drive-thru and spilled it on her lap. She sued McDonald’s and was awarded millions. If this story sounds familiar, it is because the McDonald’s hot coffee lawsuit unfairly became the poster child of frivolous lawsuits in the 1990s. However, the real story of this lawsuit was nearly completely unknown to the public thanks to biases and irresponsible journalism. The liquid which the elderly woman spilled was not simply “hot coffee,” It was coffee heated to the outrageously high temperature of 190 degrees – a temperature hot enough to cause third-degree burns in three to seven seconds. When the woman spilled her coffee, it soaked into her pants and continued burning her. She suffered third degree burns on her legs and genitals which were so horrific, she went into shock. The woman’s burns were so severe, she required multiple skin grafts and extensive medical care. 

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Rockford personal injury attorneysNews reports of fatal drunk driving accidents are sadly common. Poor road conditions and winter weather only increase the risk of alcohol-related traffic accidents. On average, approximately 30 people in the U.S. die as the result of drunk driving accidents each day. This adds up to over 10,000 lost lives per year. Monetary damages from accidents involving a drunk driver are estimated to be more than $44 billion annually. If you have been injured or a loved one has been killed in a car accident involving an intoxicated driver, you may be able to receive compensation.

Winter Weather and Poor Road Conditions Add to Danger of Intoxicated Drivers

Driving while under the influence of alcohol or other drugs is always a reckless move, but it is especially dangerous during winter road conditions. Icy roads can lead to rear-end collisions when a driver fails to stop their vehicle in time. Multiple car pile-ups may be more likely to occur during adverse weather as well. The combination of an intoxicated driver and slippery roads can also increase the likelihood of a pedestrian being struck and killed.

Negligent Drivers Can Be Held Liable for Damages

Everyone who gets behind the wheel of a car has an obligation to everyone else around him or her to drive with care and attention. When a driver chooses to operate a motor vehicle with a blood alcohol level above the legal limit or while otherwise intoxicated, he or she is not fulfilling his duty to act with reasonable care.

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Winnebago County personal injury attorneysElectric scooters can be a fun and efficient way to get around town. From New York to Chicago to Los Angeles, more and more people are using electric scooters for transportation. Unfortunately, these vehicles are not without risk. Because the rider stands on top of the scooter, it can be easy to fall off. Keeping your balance on a scooter may also be harder than it looks, especially in crowded or obstacle-filled streets. Until recently, there was almost formal data regarding electric scooter safety. Now, a new study shows that scooter injuries are quite common and can range in severity from bruises to serious head injuries.

Research Suggests Scooter Falls Are on the Rise

The study, which was recently published in the journal JAMA Network Open, analyzed data from 249 patients who visited the emergency room for scooter-related injuries in the Los Angeles area. Although scooters are thought of as nearly risk-free, injuries resulting from scooter falls or crashes are being more prevalent. Of the patients studied, about 40 percent suffered head injuries and roughly a third had broken bones. A noteworthy number of scooter-related injuries occurred in patients younger than 18. Simply falling off the scooter accounted for over 80 percent of the injuries studied while about 11 percent of injured scooter riders ran into an obstacle. Although most electric scooters only reach speeds of about 15 miles per hour, falling off a scooter, colliding with an obstacle, or being struck by a car while riding a scooter can cause serious injuries or even death. Dr. Joann Elmore, professor of medicine at UCLA and senior author of the study, says that scooter riders are underestimating the potential danger of these vehicles.  

Lawsuits Arising from Scooter Injuries

Some people who were involved in scooter-related injuries have filed lawsuits in order to recover compensation for medical bills or missed work. As with any personal injury lawsuit, the issue of negligence is the central concern when it comes to electric scooter lawsuits. Claimants must prove that their injury was caused by negligence in order to collect reimbursement through a civil suit of this kind. For example, if negligent design led to the injuries, the designer of the scooter may be held liable. Likewise, a scooter with faulty parts may have been manufactured carelessly which would make the manufacturer responsible for any injuries sustained. Assigning blame for defective products can be an intricate and demanding task. This is why it is critical for any person pursuing a defective product personal injury suit to speak with a qualified personal injury attorney.

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Winnebago County product liability attorneysWhen consumers take a medication, they understandably assume the medication will do more good than harm. Medications often contain powerful ingredients which can be dangerous or even deadly if managed improperly. Pharmaceutical companies must therefore be held to a high standard of quality and precision when it comes to manufacturing medications. Drug makers who sell medications they know to be defective must be held accountable. If you or someone you love has suffered because of a defective product, you should know that a defective product liability claim is one avenue for collecting compensation.  

FDA Continues Recalls of Several Popular Medications

Prinston Pharmaceuticals has decided to recall a blood pressure medication called “irbesartan” after it was discovered that the medication contained high levels of a cancer-causing ingredient. The medication is designed to block the effects of a hormone responsible for narrowing blood vessels. Chemical testing revealed that the medication contained unacceptable levels of nitrosodiethylamine, or NDEA, which is a probable carcinogen.

Unfortunately, this is not an isolated incident. This most recent recall is only one of several recalls linked to a pharmaceutical factory in China involving blood pressure medication. The U.S. Food and Drug Administration (FDA) has paused all new drug shipments from this factory. Another factory in India has also been linked to several medication recalls. In July 2018, the FDA issued a recall of several pharmaceutical drugs containing a component called “valsartan” due to the increased risk of cancer. Consumers of the recalled drugs are encouraged to speak with their doctor about alternative treatments.

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Winnebago County wrongful death lawyersA wrongful death suit is a beneficial legal tool which family members of a deceased person can use to collect compensation. Illinois law explains, "Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages." If you have lost a loved one due to the negligence of another party, read on to learn about wrongful death claims in Illinois.

Who Can File a Wrongful Death Claim?

In Illinois, only the personal representative a deceased person can file a wrongful death claim. The personal representative represents the deceased person’s estate. He or she can be a close relative of the individual who passed away such as a spouse, parent, or adult child. If the deceased person, or decedent, did not appoint a personal representative before he or she passed away, the court is authorized to make this decision.

Is a Wrongful Death Claim a Criminal Matter?

Many people misunderstand the difference between a criminal case and a wrongful death claim. Wrongful death suits are civil claims, meaning they do not take place in criminal court. Wrongful death lawsuits only address liability in terms of financial damages. Criminal cases are brought by the state or federal government, not by a personal representative. Often, wrongful death cases occur along with criminal cases, but a criminal prosecution is not necessary in order to pursue a wrongful death claim in civil court.

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Rockford medical malpractice lawyersWhen a person goes to the hospital to get surgery for an illness or injury, they assume the doctors, nurses, and surgeons taking care of them will do their job with caution and attentiveness. Unfortunately, this is not always the case. A recent study from Johns Hopkins shows that over 250,000 individuals die every year in the U.S from medical errors. Other studies suggest that the number of individuals killed by medical mistakes is closer to 440,000. One medical error which occurs startlingly often is the unintended retention of foreign objects (URFOs) during surgical procedures.

Surgical Items Left Inside Patients Bodies

Alarmingly, it is not unheard of for patients to discover that a surgeon or other medical professional left a piece of medical equipment inside their body. Leaving surgical instruments in a person’s body after invasive procedures can cause serious illness and even death. The type of object left in the person’s body and the length of time it was retained are the main factors that determine the severity of this error.

In some cases, retained objects are discovered immediately after a surgical procedure through an X-ray or during a follow-up. Other times, the foreign objects left in a patient’s body are only identified after the patient seeks medical attention for unexplained pain. The most common objects which are left inside patients include:

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Rockford personal injury attorneyA slip and fall accident can devastate a person’s life in mere seconds. If you have been injured after falling and the fall was a result of another party’s negligence, you may be considering seeking compensation through an injury lawsuit. The success or failure of a personal injury claim almost completely relies upon the question of liability. To win a personal injury case, a claimant and his or her legal team must prove that another party is liable, or legally responsible, for his or her injuries.

Elements of a Premises Liability Injury Lawsuit

If you are considering pursuing financial compensation for injuries through a lawsuit, identify the potentially liable parties. In many slip and fall cases, responsibility lies with the property owner. For example, a shop owner who knowingly exposes customers to danger via unmarked spills or broken stairs may be legally responsible for any injuries caused by these conditions. Property owners have a duty to maintain the property in a way that minimizes the threat of injuries. Property owners who ignore potential dangers are considered negligent.

Not every slip and fall accident is the result of negligence, however. Sometimes a sequence of unlucky circumstances can lead to a freak injury-causing accident. Therefore, in order to bring a successful injury claim, the claimant must prove that negligence led to the dangerous situation which caused the injury.

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