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Winnebago County car accident attorney burn injury

Burns are some of the most painful and debilitating injuries a person can experience. Although minor burns heal quickly and do not leave lasting damage, severe burns, especially third-degree and fourth-degree burns, can cause permanent disfiguration and nerve damage. The pain experienced by a severe burn victim is incomparable to anything else. If you or a loved one suffered a major burn injury due to the carelessness or wrongdoing of another party, you may choose to file a personal injury claim. Through an injury claim, compensation for your economic and noneconomic damages may be available.

Determining Fault for Your Injuries

In order to bring a personal injury claim and recover damages, you and your attorney will need to prove that the defendant caused your injuries. Many burn injury cases are the result of an individual or entity’s negligence. A serious burn injury can be the result of an electrical accident, house or apartment fire, construction accident, restaurant accident, car crash, or a number of other incidents. Determining who is liable for a burn-causing accident is often challenging. An experienced personal injury attorney can help you collect evidence, gather witness testimony, and consult with experts who can testify to the defendant’s role in causing your burn injuries.

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Winnebago County personal injury attorneysThanks to its inclusion in TV procedural dramas, movies, and other dramatic depictions, there is a good chance that you are familiar with the phrase “beyond a reasonable doubt” as it pertains to legal matters. While the concept predates American law, it has become a cornerstone principle in criminal courtrooms around the country, providing a basis for protecting the rights of the accused. Thanks to the ubiquitous nature of entertainment, it is easy to assume that the same standard applies in any type of court proceeding. Reasonable doubt, however, plays no specific role in civil court or personal injury claims, as the standard used in such cases is much different and much easier to attain. In civil court, a claimant must only show that his or her version of the event in question is more likely than not based on the “preponderance of the evidence.”

Burden of Proof on the Claimant

As you might expect, the party that files a car accident, slip and fall, or another personal injury claim has the burden of proof. This means that, in order to collect compensation as requested in the claim, he or she must present a case that shows several distinct elements.

Specifically, the claimant must demonstrate and support with evidence that:

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Rockford personal injury attorneysThe vast majority of personal injury lawsuits involve the concept of negligence. When a negligent party’s carelessness causes another person to be injured or killed, the negligent party is liable for the damages caused by the injury or death. Proving that the defendant acted negligently is often the most complicated and challenging part of a personal injury lawsuit. In some cases, however, a defendant in a personal injury case is automatically presumed to have been negligent. Read on to learn about the legal concept of “negligence per se” and how it can help if you or a loved one were injured by another person’s recklessness.

Main Elements of a Negligence Claim

Typically, there are four elements to establishing negligence in a personal injury case. First, you and your lawyer must prove that the defendant owed you a “duty of care.” Duty of care simply means that the defendant had an obligation to act in a way that does not put the plaintiff at an unreasonable risk of harm. For example, a property owner who invites guests onto his property has a duty to maintain a reasonably safe premises that does not include environmental hazards like broken stairs. Next, you will need to prove that the defendant did not uphold his or her duty of care. For example, if the property owner knew that the stairs were broken and did not warn guests about this danger, he did not uphold his duty of care. The third element in a personal injury case is that the plaintiff was injured. Lastly, you need to prove that the defendant’s breach of duty caused the injuries.

Negligence Per Se Can Be a Shortcut to Proving Negligence

If the defendant violated the law, and this violation resulted in injury or death, the defendant may be considered negligent per se. In order for a defendant to be considered negligent per se, the following conditions must be present:

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Winnebago County personal injury attorneysParents who drop their children off at daycare trust that the daycare staff will treat their child with the care and attention they need and deserve. Unfortunately, daycare accidents do happen, and children can be seriously injured as a result. Sometimes these injuries could have been prevented if daycare workers took the steps necessary to ensure the safety of the children in their care. If your child has suffered an injury while at a childcare facility, you may be wondering whether the facility or childcare staff are at fault for your child’s injury.

Determining Fault in a Childcare Injury Case

Tragically, sometimes an injury to a child is the result of abuse. If you have reason to believe that your child was harmed by the intentional actions of daycare staff, contact law enforcement right away. Next, contact an experienced injury attorney. It is possible that you may be able to file a civil claim in addition to any criminal charges brought against the daycare staff.

One of the most common ways that infants and children are seriously injured at daycare is through negligence. A childcare facility owner or staff member is considered negligent when the following elements are present:

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Winnebago County personal injury attorneyMost personal injury lawsuits are brought against an individual whose negligent or intentional wrongdoing caused another person injury or death. For example, if a driver who is too busy texting and driving to watch the road causes an accident, a person injured in the accident may sue the driver. Many personal injury lawsuits involve drunk drivers. An individual who is driving under the influence of alcohol and gets in a car crash may be held liable for damages caused by the accident.  However, you may be surprised to learn that a personal injury claim can also be brought against a vendor who sold alcohol to an individual who causes you injury. These claims are called “dram shop liability” claims.

Illinois Law Regarding Dram Shop Liability

Illinois statute allows a person injured by someone under the influence of alcohol to bring a claim against the vendor who supplied the intoxicated person alcohol. The claim may be in response to personal injury, wrongful death, or property damage. 

Consider the following example: A man visits a bar where he consumes several alcoholic drinks. His blood alcohol is over the legal limit but he decides to drive home anyway. On the way home, he crashes into another vehicle causing the other driver to suffer several major injuries as well as substantial vehicle damage. The driver injured in the crash may sue the drunk driver himself or the bar that supplied the man with alcohol. A bar, restaurant, or other establishment that serves alcohol does not have to continue to serve a patron past the point of intoxication in order to be potentially liable under Illinois dram shop liability laws. For a dram shop claim to be successful, the following conditions must be present:

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