Kanoski Bresney attorneys are working and available to discuss your case with you during the COVID-19 crisis.
Contact Us

AVAILABLE 24/7

8 CONVENIENT LOCATIONS

call us888-U-COUNT-2

(888-826-8682)

Recent blog posts

blog

Moving a parent, grandparent, or any relative into a nursing home is never an easy task. If you have an elderly or disabled loved one who is staying in a nursing home, you may be worried about the quality of care he or she is receiving. Although many nursing home workers are kind, caring, proficient caregivers, some nursing home staff expose residents to unlawful neglect or even abuse. Research shows that many nursing homes are dangerously understaffed or employ workers who do not have adequate training. This is why it is essential for anyone with a loved one in a nursing home to be vigilant for recognizing signs of nursing home neglect and abuse.

Unexplained Injuries and Preventable Medical Conditions
Most nursing home residents need assistance with daily living tasks like eating meals, showering, and using the restroom as well as managing their medical conditions. Poor hygiene, malnutrition, and dehydration are often red flags of nursing home neglect. Some residents suffer from severe physical disabilities or cognitive incapacitation that make them completely reliant on nursing home staff. Decubitus ulcers or bedsores are an especially serious concern for residents who have reduced mobility. Workers at these long-term care facilities should periodically reposition residents who cannot move about on their own so that bedsores do not develop. If a resident does develop bedsores, it should be immediately addressed so that the wound does not become infected. Frequent bedsores or bedsores that are not adequately treated can be a sign that a resident is being neglected. Unexplained injuries like bruises, scrapes, and fractures may also be a sign of neglect or abuse.

...

blog

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving took the lives of nearly 3,000 people in 2018. Anything that takes a driver’s attention away from operating his or her vehicle safely is considered a form of distracted driving. This may include texting or other cell phone use, eating and drinking while driving, adjusting the radio or GPS system, and much more. If you were hurt in a car accident caused by a distracted driver, you may be left with overwhelming financial losses. Fortunately, a personal injury claim may help you recover compensation.

Distracted Driving Is Against the Law
The act of texting and driving has been against the law in Illinois for over a decade. However, this has not stopped people from using their cell phones behind the wheel. Many drivers have admitted to texting, browsing the Internet, updating social media, and even watching videos while operating a vehicle. Recently, a new law went into effect in Illinois that allows the Secretary of State to revoke or suspend an individual’s driver’s license if he or she causes an accident resulting in bodily injury while using an electronic device. Although using a cell phone while driving is still a major concern, this is not the only type of distracted driving that results in serious auto accidents. Talking to passengers, reaching for an object that has fallen on the vehicle’s floor, attending to children in the backseat, and countless other acts may constitute distracted driving. If a motorist violates Illinois traffic laws or drives in a reckless or negligent manner, he or she may be liable for any damages caused in an accident.

...

blog

Determining liability in a car accident injury case is rarely straightforward. There are often a number of different factors that contribute to a serious auto accident. If you have recently been hurt in a collision and your actions may have contributed to or worsened the accident, you probably have questions about how shared fault will affect your ability to recover compensation. You may wonder whether or not a successful personal injury lawsuit is even possible. Fortunately, Illinois law allows an injured person to recover damages through a personal injury claim even if he or she is partly to blame for these injuries.

Illinois Modified Comparative Negligence Law
The laws regulating personal injury claims vary from state to state. Illinois follows a doctrine called “modified comparative negligence” when it comes to shared liability for personal injuries. According to this law, an injured person who is hurt by the negligent or wrongful actions of another party may bring a claim for damages as long as he or she is not more than 50 percent responsible for his or her injuries. In situations in which the injured person is 51 percent or more at fault, he or she is barred from recovering damages. For example, consider a scenario in which a driver was injured in an accident caused by falling truck cargo. The driver was speeding at the time of the accident which may have made the accident worse than it would have been otherwise. However, as long as the court determines that the driver’s share of fault was 50 percent or less, he or she may still recover compensation.

...

If you are somebody you care about has been injured or become ill due to a defective product, you may need to file a lawsuit in order to recover compensation for damages. In these cases, it is important to understand how “strict liability laws” apply, and whether or not a company or manufacturer’s negligence bears any weight on the outcome of a case.

What is strict liability, and how does it apply to defective product cases?

When it comes to personal injury law, “strict liability” revolves around the idea that a defendant can be held liable for any personal injuries or damages to a plaintiff regardless of whether or not they are at fault. Strict liability differs from typical injury claims in which negligence must be present on the part of a defendant in order for them to be held liable for damages to a plaintiff.

In most kinds of personal injury cases, (i.e. a car accident or slip and fall case), the defendant must have done something (or failed to do something) that amounted to negligence in order to be held liable for damages. Strict liability will not examine whether or not the actions of the defendant fell below any certain standard to constitute negligence.

...

If you sustained an injury that was caused by another person's negligent actions, you will likely need to file a claim with their insurance carrier to secure compensation for your losses. Depending on the situation, this could involve car insurance carriers, homeowners’ insurance, or a business insurance company. Regardless of what type of claim, you need to understand how an insurance carrier will value a personal injury claim in Illinois.

What factors go into valuing a personal injury claim?

It is important to point out that insurance carriers want to pay the lowest potential settlement for any claim made against the policy. They will do what they can to limit their liability, and this often means that they will use tactics that may not seem fair to an injury victim. This can include making low settlement offers that they know will not cover all the expenses or even trying to say that the victim was partially responsible for their own injuries.

When working to assess the value of a personal injury claim in Illinois, insurers will look at the following:

...
Back to Top