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Springfield Illinois Personal Injury Law Blog

'Dog days:' Ancient phrase with meaning for farm workers today

It's hot out. That's to be expected. It's summer across the country, including here in central Illinois. Folks often call these the "dog days." While it's commonly thought that the phrase came into being to describe days so hot that even dogs couldn't bring themselves to stir, its roots are actually more astronomical.

To the ancient Greeks, the hottest days of the summer were marked by the appearance in the heavens of Sirius, the Dog Star. When it appeared before the sun's rising, it meant the arrival of the hottest season and raised fears of fevers and catastrophe.

Who's liable in Tesla-involved crash that claimed a life?

The question above might not one many in central Illinois ponder. Anyone familiar with the automotive world knows that owning a Tesla is not something the average motorist can aspire to. The all-electric, high-tech cars are nothing if not expensive.

Experts generally agree that what makes a Tesla costly is its power plant. Another element may be that the technology features of the cars are not tried and true. You may ask what does any of this have to do with a legal blog focused on car accidents. The answer has to do with addressing who is liable when someone is injured in a crash involving a Tesla.

Texting While Driving: The Dopamine Defense.

You see them every day, people looking down at their phones instead of at the road. They sit idle while the light changes or are puttering along much slower than the posted speed limit. Or worse yet, they drift from one side of their lane to the other, oblivious.

Most, if not all of us, like to drive safely. Yet our roads are plagued with drivers texting at the wheel.

Gauging likely damages for truck crash injury takes experience

If you cut your finger, you can pretty well guess what it is going to take to fully recovery. It might require nothing more than an adhesive bandage, maybe several of them. More serious lacerations might need stitches and more concern about possible infection. In any event, there's little chance that the circumstances will warrant even considering seeking recovery through a personal injury claim. It just wouldn't be worth the effort.

The same probably won't be true for any resident in Illinois injured in a vehicle collision in which a semitrailer truck is involved. Such crashes often result in serious injury or death. If damages can clearly be attributed to negligence or carelessness on the part of the trucker or another driver, seeking compensation might be appropriate.

300K Honda and Acura owners warned against driving cars

Honda and Acura model cars have a great reputation for durability and user satisfaction. Year after year, they have come out at or near the top in consumer surveys.

Many of these vehicles come with Takata air bags as standard equipment and, as we have noted in previous posts, this may be reason for many across central Illinois to be a little bit concerned. Some of the bags decay with age and have become deadly in what might normally be minor motor vehicle collisions. Now, there's apparently even more reason to take note.

'But-for' rule gives injured Illinois worker a win

There is a test question in personal injury law that few outside of the profession may be familiar with, but it has proven to be a critical linchpin in determining many legal outcomes. It's called the "but-for" test. Simply put, you pose the question, if situation X had not happened, would situation Y have resulted? If the answer is no, then it can be said that situation X was the actual cause of situation Y.

It's an important distinction and one that recently proved to be a determining factor in a workers' compensation case heard by the Appellate Court of Illinois, Fourth District, which generally covers the central part of the state. Because of the ruling, an injured truck driver is getting a second chance at obtaining injury and disability benefits he claims he is due.

Illinois torts deal with injury compensation, not sweet treats

Tort reform is something that many in central Illinois may have probably heard of. The subject is not about finding new ways to bake a strawberry delicacy. It has to do with the legal remedies that may be available to individuals to receive essential compensation after suffering catastrophic injury.

Supporters of tort reform tend to be looking for ways to scale back the ability of victims to hold those who are responsible accountable for the damage and disability caused. Sometimes the reform effort might seek to block victims from seeking justice through the civil court system. In other instances, changes sought might involve putting limits on how much compensation can be sought.

Demands of memory care homes require special skill and attitude

Nursing homes in Illinois that provide services for those with cognitive impairment face special challenges. State and federal laws may require a certain patient to staff ratio in a care setting. Those on staff also must meet certain certifications of skill. However, as a wise old doctor once observed, "The person who graduates med school with straight A's doesn't necessarily make the best doctor."

The same can be said for those in the nursing home care arena. Just because a person is certified doesn't mean they are equipped for the challenges they might face in the labor force. Registered nurses are usually required staff. However, because they command high pay, there may be only one or two in administrative roles. Licensed Practical Nurses might provide improved care, but again, they are often supervisors.

Is it time for language refinement about vehicle accidents?

Language is kind of a funny thing. It's so important that each culture has its own rules of language use. At the same time, language is not a static thing. It's dynamic. It changes over time depending on the needs of the day. When's the last time you heard anyone in Illinois say floppy disk? If someone told you to don your britches, would you even know what they mean?

Words have meaning and because of that they have power. If the right word is used to express something, everyone shares a common understanding of the subject. If a wrong word is used, the waters of understanding can get muddy. Where that possibility exists, it would seem logical that a correction would be in order and that change would occur. But sometimes it takes conscious effort and a long time.

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