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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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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 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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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 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 attorneyWhen you place yourself under the care of a hospital and a team of medical professionals, you expect everyone involved to do their best to meet your needs. Doctors and medical staff members, however, are human, and they sometimes make mistakes. In some cases, medical professionals can be blatantly negligent, and when this happens, the patients who suffer harm as a result may be entitled to collect compensation for their injuries.

The amount compensation a victim of medical malpractice can receive depends on a large number of factors, including the seriousness of the injury and how it will affect the rest of their lives. A recent appeals court ruling in Illinois indicates that if the circumstances of a case change during trial, the verdict can be directly affected.

A Quick Recap

The case in question involved a 42-year-old Illinois woman who sought treatment at a Cook County hospital in 2005 for a soft tissue infection in her neck. Due to swelling in her throat, doctors installed a tracheostomy tube but failed to properly account for the effects of a blood-thinning medication that the woman was already taking. The combination of the medication and the trach tube led to several incidents of bleeding, including a serious event where the patient went into respiratory arrest. Before proper action was taken, the patient suffered serious brain damage and partial paralysis.

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