Kanoski Bresney
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Springfield Illinois Personal Injury Law Blog

What responsibilities might I have as an accident victim?

If you have suffered injury in an accident due to someone else's negligence, you have a right to seek due compensation for the pain, suffering and financial losses you suffer. The key word in that first sentence may well be "due." In the legal context it usually means what is suitable, appropriate or correct for the circumstances of a given case.

As you might imagine, the implication of that definition is that a person in central Illinois who decides to seek due compensation would be ill advised to expect an outcome that simply opens a spigot to endless payments from the defendant.

Should workers' compensation pay for Yoga?

A good segment of the population -- especially that which includes those born prior to 1960 -- probably doesn't have much of a clue about the practice of yoga. Yoga is not the cartoon bear. No, it is a set of practices that can trace its lineage back many millennia. It involves exercising focused control over mind, body and breath.

Today, those who diligently practice yoga swear to the benefits it delivers. But, much like chiropractic medicine and forms of alternative treatment with ancient eastern roots, yoga is not something medical practitioners in the U.S. buy into. Is it possible though that things are changing?

NTSB safety wish list reflects truckers are not machines

We live in a 24/7 world. At least some of us do. Truck drivers could be considered among those who don't always follow the typical 9-to-5 routine that most of the rest of us do in Illinois. And as we noted in a post last November, the demands of the 24-hour long-haul industry have a way of leading some drivers to push the envelope on hours of service a little too far.

Clearly, this is not a new issue, and it's back in the spotlight again courtesy of the National Transportation Safety Board. The board recently issued its annual "Most Wanted List" of safety issues it would like to see addressed in 2016. Coming in at top of the changes the NTSB says it would like to see is reducing the number of crashes involving tired truckers.

Will workers' comp continue after I return to work?

Regular readers of this blog will note that we have been keeping an eye on what is going on with workers' compensation reform in the state of Illinois. The issue has become something of a political football as the Republican governor and the Democratic controlled legislature try to protect their end zones and score points for their respective sides.

How things will play out is unknown, but in the view of at least one pundit, some changes are bound to occur, if for no other reason than because it may be the only way to reach a compromise on the state budget. His prediction is that there might be some minor changes, such as restricting benefit payments only to claims that are clearly work related.

Social media: a potential challenge for Illinois nursing homes

Social media platforms are nothing new. They've been around for more than a few years, and new ones seem to pop up every year. The evolution of the channels is not well understood, however, and this could be proving to be something of a problem for the nursing home industry across the country and in Illinois.

The issue, as recently reported by the public interest journalism outlet ProPublica, is the number of disturbing instances in which nursing home workers post photos or videos of residents in their care.

Distracted driving laws in the state of Illinois

Distracted driving is a problem -- virtually everyone agrees on this. But there is no uniform way to tackle the problem, as is exemplified by the varying ways that each state attacks the distracted driving problem. Depending on what state lines you cross, the way you are punished for using a cellphone while driving a motor vehicle varies wildly.

With this in mind, let's talk about the distracted driving laws that apply here in Illinois. We have quite a few laws, the most prominent of which says that all drivers are banned from texting while driving and from using a handheld cellphone.

If it doesn't cost to be informed, why not consult an attorney?

One of the most common concerns that anyone might have after becoming the victim of an accident in Illinois is whether they should consult with an attorney. It's a fair question to ask if you presume that hiring an attorney always requires an up-front outlay of cash. But that often is not the case.

Especially where a claim of personal injury is concerned, it is a very common practice for an attorney to offer the initial consultation on a case for free. And equally common is that if the circumstances of your case are such that a viable claim exists, representation may well be provided on a contingency fee basis.

Will FAST Act provisions help solve truck driver shortage issue?

It is no secret that the United States faces economic challenges. One of them, as we pointed out in at least one post in the not-too-distant past, is the fact that there is a growing shortage in Illinois and elsewhere of people willing to get into the truck driving trade.

On the face of it, this might seem to be something that simple market forces should be able to handle. The law of supply and demand dictates that where demand exists, the market responds by filling it. But that presumes a strict free market, and one could well argue that the trucking industry does not quite fit that bill.

What types of benefits can I expect under workers' compensation?

If you've been injured on the job and it's never happened to you before there's a good chance that you have a lot of questions. Hopefully, you can get answers easily from your employer. If you are finding information difficult to come by through that channel, you might consider seeking help from the state of Illinois.

But long before turning to it as a last resort, and especially if your case is proving to be particularly knotty, you should be seeking the help of an experienced employment law attorney. That's the surest way to be confident that you're protecting your rights to the greatest extent possible.

Over the river, through the woods: Get where you're going safely

All it takes is a split second for a car accident to happen. Then, the thing you never imagined could happen does. This scenario is perhaps more likely to occur at this time of year than almost any other in Illinois.

If you're like most people, you have parties on the calendar for nearly every weekend between now and New Year's Day. Families are getting together from all over the region and probably further away than that. Meanwhile, the weather is such that the roads can get turned into an ice rink in no time.

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