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Winnebago County product liability attorneysThe Fourth of July is one of America’s favorite holidays. The day is most often celebrated with backyard cookouts, children swimming in swimming pools, and of course, fireworks. While watching fireworks light up the sky can be a delightful experience for children and adults alike, fireworks can also present serious risks. The U.S. Consumer Product Safety Commission (CPSC) reports that last year’s Independence Day celebrations resulted in approximately 9,100 fireworks-related injuries which required emergency room treatment. Sadly, the USCPC also reports that five individuals lost their lives due to fireworks incidents in 2018. There are several ways you and your loved ones can enjoy an injury-free Independence Day celebration this year, including making sure that the fireworks you plan to enjoy are safe and free of any defects.   

Fireworks Which Have Been Recalled Should Not Be Ignited or Kept

Nearly 38,000 fireworks sold in the United States which contained inaccurate levels of pyrotechnic material have been recalled. The fireworks were recalled because the defect cause an explosion much greater than what the firework is intended to produce. This defect puts consumers at risk for serious injuries—especially burns. For a complete list of the recalled fireworks, see the CPSC website. If you currently have any of the recalled fireworks, it is very important that you do not use them.

The CPSC also implores the public to follow safe firework handling procedures this Fourth of July. This includes only using legal fireworks sold by reputable sources, never pointing a firework at a person or crowd, moving away from fireworks immediately after they are ignited, and keeping a bucket of water around in case of an emergency.

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Rockford wrongful death attorneysMore and more Americans are requiring the long-term intensive care that a nursing home, assisted living, or rehabilitation facility offers. Unfortunately, many of these facilities are struggling to keep up with the influx of residents. Thousands of nursing homes across the country are understaffed or are staffed by employees who are not adequately trained. Sometimes these inadequacies lead to nursing home resident neglect and abuse. In extreme cases, these instances of neglect and abuse can be deadly.

Nursing Homes Have a Duty of Care

In personal injury law, the phrase “duty of care” refers to a responsibility that a party has to another party. Nursing home facilities and staff have an obligation to provide residents with a reasonable level of care which includes protecting residents from harm and maintaining a safe environment in the facility. When a nursing home fails to uphold this duty of care, the facility and/or staff may be legally accountable for injuries or deaths that result from this negligence.

Determining When a Death is a Wrongful Death

Nursing home residents are often elderly and suffer from many different cognitive and physical ailments. Because of this, deaths within a nursing home are not rare. Sometimes a nursing home resident passes away because it was simply his or her time. However, poor care can also lead to residents’ deaths. Many wrongful death suits are a result of negligent care or major nursing home staff mistakes.

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Rockford playground injuries attorneySummer can be a wonderful time for adults and children alike to enjoy a break from school and spend more outside. The last thing a family enjoying a public park or playground needs to worry about is whether or not the equipment the children are playing on is safe. While most playground injuries are only small bruises and cuts, sadly, much more serious injuries and even deaths have occurred due to playground accidents. If your child has been hurt or has passed away because of a playground accident, you may have a valid personal injury or wrongful death claim.

Top Causes of Playground Accidents

Of course, sometimes playground accidents occur and are not caused by carelessness on anyone’s part, the accident is just bad luck. However, many serious or fatal playground accidents are caused by negligence. Improperly constructed or installed playground equipment can have pieces which are broken, unsecured, or are otherwise unsafe. Equipment which is not properly maintained can rust away and break, exposing children to hazards which can seriously injure them. Sometimes, a playground injury is caused by inadequate supervision of children.

Injuries Which Can Be Caused by Playground Negligence    

According to the Centers for Disease Control and Prevention (CDC), emergency room departments treat over 200,000 children under age 14 for injuries sustained on a playground every year. While some of these injuries are minor cuts and bruises, the CDC estimates that nearly a half of these injuries include serious internal injuries, fractures and broken bones, dislocations, concussions, and amputations. Some playground injuries can leave a child permanently disabled or disfigured. When negligence is the cause of a serious or fatal playground accident, the parents of the child injured or killed may be able to collect compensation through a personal injury claim.

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Winnebago County motorcycle accident lawyerSummer is just around the corner and throughout the greater Chicago area, motorcycle enthusiasts are excited to get on the road. Riding a motorcycle can be an efficient and enjoyable means of transportation, but it is not without its risks. Motorcyclist deaths happen 28 times more often than fatal traffic accidents involving other vehicles. As with many personal injury claims, some motorcycle accidents are completely the fault of another driver, and other times, the blame must be shared. Fortunately, Illinois liability laws allow an individual to seek compensation for damages caused by an accident even if he or she was partially responsible.

Contributory Negligence Laws

The term “contributory negligence” refers to a situation in which a claimant (person bringing the negligence or personal injury claim) in some way contributes to the injury-causing accident. The exact definition of contributory negligence depends on state law.

In Illinois, a claimant can still pursue compensation for damages if he or she was less than 50% percent responsible for the incident. If the claimant’s contributory negligence is 51% or more, he or she is not entitled to compensation. When the blame assigned to a claimant is decided to be more than zero but less than 50%, the compensation he or she is eligible for will be reduced in proportion to the blame assigned to them.

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Rockford product liability attorneyWhen a product is thought to be unsafe or numerous reports are made regarding injuries sustained from a product, that product is sometimes recalled. Individuals who own recalled products are encouraged to immediately stop using the product and return it to the store they bought it from. According to Consumer Reports, an astounding 34 million products were recalled last year alone. Recalled products can include anything from faulty automobile parts to unsafe children’s’ toys. Individuals who are injured by a defective or malfunctioning product may choose to seek compensation for their injuries through a product liability claim.

Some Target Brand iPhone Chargers May Pose a Risk to Users

Electronic products like appliances, computers, smartphones, and electrical cords can be especially dangerous when they are defective. In 2016, consumers were horrified to learn of reports that Samsung Galaxy Note 7 cell phones were bursting into flames. Samsung recalled an astounding 1 million phones after learning about the dangerous risk of ignition. They provided consumers with refunds and exchanges, but it was not enough to fully solve the problem. Consumers reported that the replacement phones also caught fire, so Samsung had to recall those as well. We now know that the spontaneous ignition problem was caused by a design failure in the original Samsung Galaxy Note 7 and a manufacturing defect in the replacement phones.

Now, another product is being recalled after reports of spontaneous smoking and ignition. Target was forced to recall their “Heyday” brand iPhone chargers after 14 reports were filed about chargers which sparked, caught on fire, or began smoking. Anyone with this brand of charger is asked to cease use of the device and return it to Target for a refund. Some people have sustained burns to their fingers after using the product, but fortunately there have not been any serious injuries or deaths associated with this particular faulty product.

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Rockford personal injury attorneysFor some, the thought of riding a huge rollercoaster at a theme park is exhilarating. Others avoid amusement park rides entirely. One reason people may hesitate before getting on an amusement park attraction is because they have seen footage of deadly amusement park accidents on the news. While major injuries and deaths at amusement parks are rare, these types of accidents can happen. Most theme park injuries are not related to malfunctioning rides but instead are caused by more mundane issues like uneven walkways and spilled liquids. When an amusement park is not adequately maintained and this negligence leads to a guest’s injury or death, the park and its ownership can be held liable.

Amusement Park Attractions Must Be Inspected

In Illinois, the Carnival and Amusement Rides Safety Act requires theme park attractions to be inspected before they are opened to the public and to be re-inspected annually. Every year, operators must obtain a permit from the Illinois Department of Labor that serves as proof of the inspection. If a ride or another theme park attraction is operated without a permit or inspection, the operator may face criminal charges. If someone is injured on a ride which was not properly inspected, this could give rise to a negligence claim and, in fact, a presumption of negligence on the part of the park operator.

An Environmental Hazard Can Lead to an Injury Claim

Most of the amusement park injuries we hear about on the news are catastrophic injuries or deaths caused by a malfunctioning ride or attraction. Many remember the tragic events which took place at the Ohio State Fair in July of 2017 when a piece of the “Fireball” ride broke off and sent riders plummeting to the ground. A young man was killed and several others were injured during this accident. It was eventually discovered that excessive corrosion had caused the ride to break apart.

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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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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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