The U.S. Consumer Product Safety Commission is the government agency tasked with ensuring consumer products are safe. The agency frequently issues product recalls, but tragically, recalls are often not enough to prevent injuries and deaths caused by dangerous or defective products.

If your baby died and you suspect that a defective product was the cause, you may be looking for answers. You may wonder if there is anything you can do to seek justice on behalf of your child and hold the at-fault company responsible for this tragedy.

Unsafe Infant Products and Wrongful Death

Parents trust that products designed for infants are safe for infants. Unfortunately, baby and child products are frequently recalled due to safety hazards. Often, these recalls do not occur fast enough to prevent children from being hurt or killed by the products. Just recently, over 3 million infant loungers were recalled after eight reports of infant suffocation were associated with the lounger.

Most of us take our ability to use our arms and legs for granted. Someone who has suffered paralysis after an accident knows just how precious this ability is. Paraplegia, quadriplegia, and other forms of paralysis are often the result of spine injuries suffered in a collision, slip and fall accident, or other type of accident. Some paralysis victims can still retain some control over the affected body parts, others are completely paralyzed. Their muscles may become flaccid and unusable or tight with painful spasms. Whatever the specifics of the condition, paralysis affects every aspect of a person’s life.

Legal Options for Paralysis Victims in Winnebago County

Per Illinois law, individuals who are injured by the actions of another party may be able to bring a personal injury claim and seek financial compensation. Money could never make up for the loss of your hand, foot, arm, or leg, however, it may relieve some of the financial burden caused by the accident. Many paralysis victims are left with massive medical bills and other expenses. They may be unable to work either temporarily or permanently. Many are never able to enjoy the same hobbies and activities they could before the accident.

If you or a loved one suffered temporary or permanent paralysis in an accident, you may be able to take legal action and recover financial compensation.  The liable party may be an individual such as a drunk driver, a commercial business such as a trucking company, a property owner, or another party. For car accidents, the party who is ultimately responsible for compensating the victim is a car insurance company. Unfortunately, insurance companies are notoriously difficult to deal with. The insurance company or other at-fault party may try to avoid taking responsibility for the accident or offer an unreasonably low payout. A personal injury lawyer can help you gather the evidence needed to build a compelling claim and act as your legal advocate during settlement negotiations, communications with the at-fault party, or any legal proceedings.  

When a person dies unexpectedly, their family members may struggle financially while also dealing with grief and emotional trauma. Picking up the pieces after the loss of a loved one can be especially difficult when the person’s death was caused by someone else’s negligence. In these situations, a family may be able to pursue a wrongful death claim against the person or parties who were responsible. While the damages available in these cases may provide compensation for the financial losses a family has experienced, they may also address the ways family members have been personally affected. By understanding how loss of companionship is addressed in these cases, a family can make sure they will be able to receive the compensation they deserve.

What Is Loss of Companionship?

A wrongful death case will often focus on “pecuniary” losses. These are also known as economic damages, and they will address the ways a family has been affected financially by a person’s death. Family members may be compensated for the loss of the income that their loved one would have earned, as well as other financial benefits they would have provided. In addition to these pecuniary losses, family members may also be compensated for non-economic damages, including their loss of a relationship with their loved one.

Loss of companionship, which may also be referred to as loss of consortium or loss of society, addresses the harm suffered by family members because they no longer have their loved one in their lives. A person’s spouse and children will suffer from the loss of a loving relationship in which the person would have provided them with comfort, affection, and attention. Children will not be able to receive guidance, instruction, and protection from a parent who was killed. A spouse will be deprived of partnership and sexual intimacy. A family may also experience a loss of services that their loved one would have provided, such as caring for children, providing transportation, assistance with education and activities, and performing work around the home.

When patients receive substandard care from doctors or other medical professionals, they can suffer serious harm. While medical malpractice can take many forms, misdiagnosis is one of the most common issues that affect patients in the United States. An incorrect diagnosis, a delayed diagnosis, or a failure to diagnose a serious medical condition can result in a patient not receiving the proper medical care within the right time frame. In cases involving misdiagnosis of cancer or other serious illnesses, the failure to receive timely treatment may result in a person’s wrongful death. By understanding the reasons that misdiagnoses may occur, victims of medical negligence can ensure that their injuries and damages will be addressed properly.

Causes of Misdiagnosis

There are many issues that can increase the likelihood that a patient will not receive the correct diagnosis. When medical providers do not follow standard practices or otherwise fail to provide patients with adequate care and consideration, a misdiagnosis may be considered to be medical negligence. Some common ways that negligence by doctors or staff members can lead to an incorrect diagnosis include:

• Lack of experience - While doctors may rely on their experience providing treatment for patients as they recognize different symptoms and make a diagnosis, they should also be aware of gaps in their knowledge and cases where they may need assistance from other professionals. A doctor’s failure to refer a patient to another provider that would provide a better understanding of their condition may lead to an incorrect or delayed diagnosis.

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While the brain is one of the most important organs in the body, it is also one of the most sensitive. Even though the skull provides protection for the brain, there are many ways that serious brain injuries can occur, and they can drastically affect a person’s health and well-being. A person who suffers from a brain injury may experience issues such as memory loss, sleep disorders, sensory issues, problems with balance and coordination, mood disorders, personality changes, seizures, or intellectual disabilities. By understanding the causes of brain injuries, victims can determine their legal options for receiving compensation that will allow them to address their symptoms and make a full recovery.

Causes of Traumatic Brain Injuries

Many of the most serious brain injuries involve trauma such as a blow to the head. These traumatic brain injuries, or TBIs, can occur in situations such as:

• Car accidents - While motor vehicles have safety features such as airbags that are meant to protect against brain injuries, drivers and passengers may still be injured by striking their head on a steering wheel, dashboard, the frame of a vehicle, or other objects. These injuries are more likely to occur in high-speed collisions, rollover accidents, or collisions involving large vehicles such as commercial trucks or buses. Motorcyclists or pedestrians who are involved in collisions are also likely to experience serious brain injuries.

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Originally published: October 24, 2018 -- Updated: December 6, 2021

UPDATE: While punitive damages, as described below, may be available in some cases, these types of damages are generally only awarded in situations where a person committed an egregious violation of the law or knowingly acted in a way that put others at risk of serious harm. While punitive damages may be available in some car accident cases involving distracted driving, they may also be awarded in cases where a drunk driver caused injuries to others, since all drivers should be aware of the dangers of driving while intoxicated.

Patients who undergo medical procedures put a significant amount of trust in their surgeon and medical facility. When unexpected, severe, and even fatal injuries occur during these procedures, patients and their families suffer devastating consequences. In some cases, these injuries are caused by defective devices utilized during the medical procedure. 

To better understand how to pursue a claim to hold the at-fault parties accountable and recover damages, contact an attorney proficient in handling defective medical device injury cases. 

Defective Medical Devices and Common Injuries

Though not all defective medical devices cause injury, those that do can have catastrophic consequences. Defects can be present across various surgical instruments that are often used in critical procedures, including implants, pacemakers, and prosthetic devices. There are certain medical devices that feature defects more frequently than others, some of which include:

Terrible accidents that occur due to poor property management often seem altogether preventable and unnecessary. When visitors suffer an injury due to unsafe environments that the landowner should have addressed, premises liability law holds property owners accountable for the sustained harm. If you have been injured due to the negligent actions of a property owner, it is vital to understand what legal options may be available.

Different Types of Premises Liability Cases

Accidents that involve premises liability can arise in many different instances, therefore it is critical for property owners to remain vigilant for safety hazards within their property. These types of injuries can occur at nearly any location, including restaurants or stores, the workplace, daycare, or a neighbor’s yard.

Slip and fall accidents may be the most common premises liability danger. Luckily, most slip and fall accidents are fairly minimal and do not result in serious accidents. However, slip and fall accidents can also be extremely dangerous and lead to devastating injuries. Wet floors, unmarked obstacles, and snowy or icy pathways are common factors in slip and fall accidents. Any of these conditions have the potential to cause the victim catastrophic head, neck, or other bodily injuries. 

In Illinois and across the country, nursing homes are seeing a rising number of residents suffer injuries and health problems due to medication errors. Families who cannot properly care for their elderly loved ones on their own often rely on nursing homes and other long-term care facilities to properly and compassionately attend to them instead. When their loved one’s health fails due to negligent or abusive care, it is critical to work with legal professionals who can represent your loved one’s case. 

What Are The Dangers of Medication Errors?

It is very common for nursing home residents to take prescription medication. Unfortunately, nursing homes are notoriously understaffed, and this is a leading cause of medication errors in long-term care facilities. Commonly occurring errors include providing the resident with expired medications, administering the wrong dosage of medication, and neglecting to monitor the resident following administration.

When mistakes occur during medication administration to a nursing home resident, serious and sometimes fatal consequences can arise. An individual who suffers a medication error may experience unexpected medical complications, reduced immune response, malnutrition and dehydration, and organ failure. Medication errors can also lead to fatalities.

 Spinal cord injuries can be detrimental to a victim and their family. Depending on the severity of the injury, the victim may suffer lifelong disability accompanied by continuous treatment and medical bills. Victims should not have to face these challenges alone. A knowledgeable attorney can help injured victims understand their options and help to hold the responsible parties accountable. An experienced catastrophic injury attorney can also help the victim understand what caused their injury and what types of symptoms they may experience.

What Are The Most Frequently Seen Causes of Spinal Cord Injuries?

Damage to the spinal canal nerves or spinal cord can permanently change an injured individual’s life. A severe spinal cord injury arises when the spinal cord itself or the vertebrae, discs, or ligaments within the spinal column are damaged. The most commonly seen cause of a spinal cord injury is a serious motor vehicle accident. However, there are many other events that may result in this type of catastrophic injury, including:

• Violence, such as stab wounds or gunshots

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Few parents have the pleasure of being able to stay at home to care for and raise their children. In most cases, parents must return to work shortly after the child is born so that they can adequately provide for their family. When this time comes, it is common for parents to pick out a daycare. Trusting a facility with that responsibility is a major step in a parent’s life, and unfortunately, sometimes that trust is broken by negligent facilities and their staff. If your child has sustained serious injuries due to the actions or inactions of their daycare, you may want to work with an experienced daycare injury lawyer. 

Did Your Child Suffer Injuries at  Daycare?

Children of all ages come home with scrapes and small bruises after a day away from home. This is not all that uncommon or necessarily concerning. Accidents certainly happen, especially with small children. However, many injuries are entirely preventable and in some cases, would have been avoided had the daycare acted more responsibly. 

Certain types of accidents are more likely to cause injury at a daycare. While some playground accidents can be minor, others can be much more serious, resulting in injuries such as concussions, bone fractures, and internal injuries. Loose and falling objects are also a common cause of child injury, sometimes causing children to suffer bruises, head injuries, and broken bones.

When most people imagine themselves experiencing a slip, trip, or fall at work, they likely envision an embarrassing moment in front of co-workers, resulting in injuries that may require an ice pack or bandage. Unfortunately, some slip and fall accidents can be much more serious. While it is not entirely uncommon to experience a minor slip, trip, or fall on the job, severe accidents may lead to significant injuries, long durations of time away from work, and considerable medical expenses. 

Employees who suffer a serious workplace accident may find it helpful to seek legal guidance from an experienced personal injury attorney.

Common Situations that Lead to On-The-Job Slip and Fall Accidents

Construction workers are the most susceptible employees to face dangerous, even fatal falls. However, even workers who spend most of their workday in a cubicle or other office space can experience a serious slip and fall accident. 

According to the Centers for Disease Control and Prevention, in 2019 there were 61,000 deaths in the United States related to a traumatic brain injury. This equates to 166 traumatic brain injury fatalities on a daily basis. After an accident, injured victims should take the necessary steps to ensure their safety and look after their overall health. Additionally, the victims and their families should understand the unique challenges they may face after suffering this type of injury. 

When a brain injury is caused by another party’s negligent or illegal actions, the victim may be entitled to monetary damages. The brain injury sufferer may be entitled to compensation for medical bills, lost wages due to missed work, pain and suffering, and more. 

Construction workers are exposed to hazardous environments every day at their job. When employers and contractors do not uphold expectations to follow regulations and properly train their employees, workers are put at even greater risk of harm. When workers are not prepared to face these dangers, they may not be able to effectively recover compensation for their injuries. However, an experienced attorney can help workers to follow the necessary steps to start their recovery after a construction accident.

Immediately Seek Medical Attention

When dangerous accidents occur on a construction site, employees are vulnerable to suffering catastrophic injuries such as imputation of an appendage, broken bones, severe burns, lacerations, eye injuries, and even death. However, some injuries, such as traumatic brain injuries and spine injuries are not accompanied by instantaneous symptoms. Therefore, it is critical for anyone involved in a construction site accident to seek medical care after the event immediately. 

Receiving prompt treatment for wounds can accelerate the recovery period. Additionally, medical records and doctor testimony can provide ample evidence for a workers’ compensation claim or personal injury lawsuit if necessary. 

New and used vehicles are purchased every day. Drivers rely on their vehicles to get them safely from place to place. When vehicle manufacturers and sellers fail to uphold safety expectations, auto defects in the products may lead to catastrophic accidents and exacerbate any sustained injuries.

Honda Seat Belt Defects Lead to Substantial Settlements for Victims

American Honda Motor Co., Inc., better known simply as Honda, has faced significant ridicule and court challenges regarding seatbelt defects seen in their vehicles in recent years. 

In 2015, a 27-year old woman was riding as a passenger in a Honda Odyssey when the vehicle was struck by a pickup truck. She suffered a broken spinal column. The woman, now a quadriplegic, was awarded a settlement of $37.6 million.

The United States continues to see many motorcycle accidents that end in severe and even fatal injuries.  Nevertheless, it is important for motorcyclists to practice safe riding and understand the dangers they may face on the roads.  

Drivers who cause motorcycle crashes may be held liable for damages. However, it is not always easy to determine who was at fault after a serious motorcycle crash. A skilled injury attorney with experience in motorcycle collision cases can help you find evidence of the at-fault party’s negligence and use it to pursue compensation for your damages. 

Common Causes of Motorcycle Crashes

Motorcycle accidents may arise from a variety of different causes and there are many different parties that may be responsible for the crash. While some motorcycle accidents do not involve any other vehicle, the majority of motorcycle accident fatalities result from crashes involving other vehicles. 

 Birth injuries can be extremely frightening for new parents and their loved ones. Some birth injuries can lead to lifelong conditions, such as cerebral palsy. Cerebral palsy has no cure. Many children with this condition require treatment the rest of their lives. In some cases, medical malpractice during childbirth plays a critical role in causing cerebral palsy and other lifelong conditions.

What is Cerebral Palsy?

Cerebral palsy is most often caused before birth and typically affects movement and muscle tone or posture. It is a result of damage sustained by a developing and immature brain. The effects of cerebral palsy can range greatly from person to person, however, all individuals with cerebral palsy will have the condition their entire lives. 

Cerebral palsy (CP) can also occur at the time of birth or in early infancy. In some cases, CP may cause an individual to have difficulty swallowing or walking. Others may experience eye muscle imbalance and muscle stiffness. Many other symptoms may arise, such as epilepsy and blindness. 

When welcoming a baby into the world, most parents’ highest priority is to ensure their infant’s health. Every day, new parents trust medical professionals to assist in delivering their children safely. When this trust is broken, an infant or mother can suffer great harm with lasting effects. 

Causes and Consequences of Birth Injuries

Birth injuries are often a result of untreated illnesses or physical harm before, during, or immediately after childbirth. This type of injury most frequently occurs when the infant is above average size, the infant is born prematurely, or the infant is not head-first in the birth canal. Even tools used by doctors during labor, such as forceps or vacuums, can cause birth injuries. Physical and intellectual impairment, including blindness or deafness, difficulty learning, inability to move one part of the body, issues with communicating effectively, and excessive sleepiness, may result from birth injuries.

Serious injuries sustained during the childbirth process can lead to short-term and long-term conditions that may require life-long treatment for a child, including:

Every day, people across the country are being provided medications by licensed physicians. Unfortunately, sometimes these medications are incorrect. In some cases, the wrong type of medication is provided, while in other cases, the doctor provides an incorrect dosage or makes other dangerous mistakes. Medication errors arise from a variety of situations and consequences suffered by the patient can range from harmless to fatal. If you or a loved one’s injury or illness was caused by a medication error arising from a medical professional’s negligence,a medication injury attorney can help you understand your legal options.

Common Causes of Medication Errors

Healthcare professionals regularly prescribe and administer medications to their patients. Patients who suffer from medical problems, both minor and severe, often depend on these medications to be comfortable. When medical professionals fail to consider the numerous factors involved in properly prescribing and administering these drugs, the patient can suffer serious and possibly fatal harm. 

There are some medication errors that occur more frequently than others, including:

Surgeries are performed every day, however, no operation is the same. While surgeons may be properly equipped to handle the complexities of surgery, errors can and do still happen. When surgical errors occur, patients can be harmed. Surgical injuries can have a substantial physical, financial, and emotional impact on a victim and their families. Victims of medical malpractice surgical errors should be knowledgeable of how their injury occurred and how they can effectively fight for available damages. 

Categories and Causes of Surgical Errors

Every surgery will have unique characteristics and challenges, however, some mistakes can lead to lasting patient harm. Some of the most significant errors include operating on an incorrect body part, operating on the wrong patient, leaving a piece of equipment inside a patient’s body, and administering the wrong amount of medication.  

Understanding why and how the error was made is usually much more difficult, however, the errors are often associated with these themes: