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Recent Blog Posts
Heavy Machinery Poses Injury Risk for Construction Workers
A construction worksite has plenty of dangerous equipment that can cause severe injury or death if workers are not careful. Some of the most dangerous equipment is heavy machinery, such as bulldozers, cranes, dump trucks, and excavators. When used safely, these machines are highly useful because of their ability to complete large-scale tasks in an efficient manner. When accidents happen, workers can suffer broken bones, severed limbs, and traumatic brain and spine injuries. If you have been injured by heavy construction machinery, you may be eligible for personal injury compensation.
Staying Safe
Most construction workers are appropriately cautious when around heavy machinery, but some accidents happen because a worker was being careless or reckless. Making a mistake with a machine could cause injury to yourself or others. You need to take safety precautions in order to protect everyone on the construction site:
Is a Business Liable If You Slip on the Ice Outside Its Store?
Though we hope that the worst of the winter weather is behind us, there is a fair chance that we will see more snow this season. Many people are injured each winter because they slipped and fell on an icy or wet walking surface. While you can do your best to clear the walkways outside your home, you have no control over the conditions of a public place, such as outside a retail store. Your initial reaction after falling in public may be to blame yourself, but it is possible that the property owner is liable for the conditions that caused your fall. To receive personal injury compensation from a retail store, you will need to prove that an unnatural accumulation of ice or snow caused your accident.
Outside the Store
Property owners in Illinois have no legal obligation to remove snow or ice that has naturally accumulated. This means they will likely not be liable if you fall because they did not shovel or put down salt to melt the ice. Property owners are also not liable for tire tracks or footprints that create a slipping or tripping hazard. They are liable if they cause unnatural accumulations of snow or ice outside of their property. Examples of unnatural accumulation include:
Distracted Driving Is More Than Cell Phones
Thousands of people in the U.S. die each year and many more are injured due to traffic crashes that involve distracted driving. If you were injured in a vehicle accident, proving that the other driver was distracted should establish their liability in a personal injury lawsuit. People often associate distracted driving with cell phone use because talking or texting while driving will take your hands off the wheel and eyes off the road. States such as Illinois issue traffic tickets to people caught using a handheld digital device while driving. However, the problem of distracted driving goes beyond cell phones.
Cognitive Distractions
All acts of distracted driving share a common trait: they divert your attention away from driving. Talking or texting on your phone is a good example of this because you are concentrating on a conversation you are having with someone. You could be similarly distracted if you are driving while you are:
Recovering Personal Injury Damages After Hearing Loss
Catastrophic injuries often cause severe injuries that can be permanent or last for a long time. Deafness in one or both ears is one of the most frightening consequences you may suffer from an injury. There is no ignoring it when you have lost your hearing – you are forced to adjust every aspect of your life. If you are fortunate, your hearing may recover over time or hearing aids may allow you to function. Those who are less fortunate may be permanently deaf, forever impairing their ability to work, perform certain tasks and enjoy life. No matter the extent of your hearing loss, you deserve compensation if another party was at fault for the injury that caused your deafness.
Common Causes
Hearing loss injuries are most commonly associated with workplace injuries, such as being exposed to loud noises over an extended period. These cases fall under workers' compensation law, which is separate from personal injury law and has more limits on the compensation you can collect. However, a hearing loss injury can also fall outside of workers' compensation law, allowing you to file a lawsuit against someone other than your employer. For instance:
Compensation Options for Pedestrians Injured by Hit-and-Run Drivers
Hit-and-run incidents involving vehicles and pedestrians are unfortunately common occurrences. A driver who strikes a pedestrian may be more prone to panic and flee the scene because they know that the pedestrian has likely suffered a severe or fatal injury. A pedestrian who has survived a hit-and-run incident often needs emergency medical treatments and lengthy rehabilitation. It is common for these incidents to cause permanent disabilities and emotional trauma. As an injury victim, you need compensation from the driver or your insurance provider.
Compensation from the Driver
The driver responsible for the hit-and-run could turn themselves in after they have calmed down and listened to their conscience. If the driver does not come forward, the police will try to identify the driver and bring them to justice. Your attorney can track the status of the case so that you are prepared to take civil action against the driver if they are found. To prove your injury claim, you can use evidence from the police report and witnesses, such as showing that:
How Your Landlord Is Liable for Negligent Security
A rental property owner is not always liable if you are the victim of criminal activity, such as an assault or battery. There are some incidents that unfortunately could not have been foreseen or prevented. However, the property owner is responsible for providing reasonable security if it should know that a lack of security would put you in danger. Its burden increases if you live in an area with high levels of crime. You may be able to collect personal injury compensation from your landlord if you can show that your landlord had a duty to protect you and that a lack of security enabled an act of violence against you.
Failed Promises
Landlords will often include a list of property security measures within their leases, such as:
- Locks on doors and windows;
- Lights in parking areas and at entrances;
- Security cameras; and
- Security guards.
How Third Parties Can Be Liable for Construction Worker Falls
Falls cause more deaths at construction sites than any other work-related accidents. Construction workers are sometimes positioned high in the air, making any fall a life-threatening event. Even falls with little or no elevation can be dangerous if the worker falls onto a piece of equipment or hard surface. When seeking compensation for their injuries, many construction workers must file a workers' compensation claim because their injuries occurred as a result of performing their job duties or negligence by their employer. However, there are situations where a third party was responsible for the fall and is liable in a personal injury lawsuit.
Faulty Equipment
Construction workers use equipment from third-party manufacturers to reach high places and protect themselves while up there. You could file a personal injury lawsuit against the manufacturer or seller of the equipment if its failure caused your injuries, such as a ladder that collapses or a safety harness that fails to secure you. To hold a third party liable for a faulty product, you must prove that:
Recovering Missed Pay in a Personal Injury Lawsuit
Being injured in an accident can cost you more than what you must pay for medical treatment. Suffering a debilitating injury may require you to miss time from work while you recover. When you return to work, you may be limited in the tasks you can perform or the hours you can work. Your employer has no obligation to compensate you if your injury occurred outside of your work. You will need to include your compensation for lost wages as part of your personal injury lawsuit.
Time Off
A person who is recuperating from a serious injury may miss weeks or months worth of work days. The time off may include:
- The initial medical treatment and recovery period;
- Time in physical therapy to regain strength; and
- Follow-up appointments with doctors and physical therapists after the patient returns to work.
Depending on your employee benefits, you may not be paid or may receive reduced pay for the days that you miss. Contract workers have no means of recovering the money they lost for time off. Your personal injury compensation can include the pay you did not receive because you were unable to work. Even if vacation or sick days covered some of your time off, you are still entitled to the value of that time off in your lawsuit. Illinois courts will not allow a liable party in a personal injury case to get away with paying less because the plaintiff has insurance and employee benefits.
How Pedestrians Can Protect Themselves During the Winter
There are typically fewer pedestrians during the winter months, but winter conditions can make walking near streets more hazardous for those who brave the weather. Drivers bear most of the responsibility for preventing accidents involving pedestrians. As a pedestrian, you can take extra precautions to protect yourself and help drivers:
- Visibility: Daylight hours are shorter during the winter, and the snow can make it harder for drivers to see you. Wear bright colors during the day and reflective clothing at night. Walk in well-lit areas. Your own vision may also be diminished by the conditions and your need to bundle up. Make sure you are able to see around you in order to avoid potential hazards.
- Eye Contact: If you are at an intersection with a stopped vehicle, make eye contact with the driver before you cross. Do not assume that the driver notices you and knows that you plan to walk in front of the vehicle. By making eye contact, you are acknowledging that you see each other and understand who has the right-of-way.
Recognizing Brain Injuries After an Accident
Diagnosing a traumatic brain injury after an accident is more complicated than diagnosing other serious injuries. You will not take long to realize something is wrong when you have broken a bone or torn a ligament. Symptoms of a brain injury can take days to appear, and you may not immediately understand what they mean or connect them to your accident. If you file a personal injury lawsuit, the liable party may use the uncertainties about brain injuries to deny that the incident caused a brain injury or that your symptoms are severe. You can best prove your brain injury for your case by getting a diagnosis as soon as possible.
Brain Injury Causes
You are most likely to suffer a traumatic brain injury because of a fall, being struck by an object, or a car accident. A brain injury can occur even if your skull is not fractured or penetrated. A sudden impact or jolt can cause your brain to collide with your skull, resulting in damage. Losing consciousness after your accident is a common sign of a brain injury, but you may still have suffered a brain injury if you remained conscious. You should ask your doctor about the possibility of a brain injury and follow up if you notice any symptoms.
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