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Springfield workers compensation attorney

Work-related injuries can happen for countless reasons. Some injuries are caused during a singular work accident while other injuries occur from repetitive movements over time. Falling from a great height, being struck by falling objects, equipment-related injuries, and other workplace injuries can lead to massive medical bills and other financial harm. If you or a loved one have suffered a work injury, you may be curious about your legal rights. You may already know that you are entitled to workers’ compensation for certain work injuries, but you may not know much about bringing a claim against a third party. If your work injury was caused by the negligent or wrongful actions of a party other than your employer, you may be able to sue that party for damages.

Bringing a Personal Injury Claim for a Work Accident

In the vast majority of cases, Illinois workers cannot sue their employers for negligence. If you are hurt on the job, you may file a claim for compensation through the workers’ compensation program. Workers’ compensation benefits in Illinois are used to reimburse an injured worker for medical expenses and lost wages caused by an injury. However, the amount of compensation available through workers’ compensation insurance is often insufficient and non-economic damages like pain and suffering are not included. If someone other than your employer caused your work injury, you may be able to bring a personal injury claim against him or her in addition to your workers’ compensation claim.

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Champaign personal injury attorney slip and fall

The Midwest can get down to single-digit temperatures in the winter. If you are like many Illinois residents, dealing with snow and ice is a major part of your life in the winter months. Not only is snow and ice a hassle to deal with, but it can also lead to serious or even life-threatening injuries. If you slipped on ice and fell or otherwise suffered an injury because of snow or ice, you may be interested in learning about your legal options. In Illinois, a piece of legislation called the Snow and Ice Removal Act describes the rights and responsibilities individuals have regarding snow and ice removal.

Do Homeowners Have to Remove Snow and Ice?

Most people agree that shoveling snow from sidewalks, walkways, steps, and porches is part of being a good neighbor. However, homeowners are not required to remove snow from sidewalks by state law. The Illinois Snow and Ice Removal Act was passed in 1979 to address snow and ice removal and injuries caused by snow and ice on private property. According to this legislation, homeowners are not typically liable for injuries caused by snowy or icy conditions on their property. However, a homeowner may be legally responsible for snow or ice injuries in certain circumstances.  

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Champaign personal injury attorney car accident

When a traffic accident occurs, everyone involved usually has an interest in establishing which party caused the accident. This determination is generally used to establish who will be financially responsible for the damages caused by the collision. Sometimes, the fault is quite clear, such as in a case where a careless driver crashes into the rear of a vehicle that is sitting at a traffic light. In other cases, determining blame is more complicated, as any number of drivers could have played a part in causing the crash. If there is more than one party with at least some fault for a car accident, the liability for any resulting injuries or damages could be shared also.

Types of Shared Fault Models

Each state maintains its own laws regarding how liability may be shared when the plaintiff in a personal injury case is partially at fault for the incident in question and states generally use one of three basic models. The first model is called “pure contributory fault,” which is used in just four states, as well as Washington, D.C. Under this rule, the injured party can only collect compensation as long as the victim had no fault at all for the crash. Even if the defendant was 99 percent at fault and the plaintiff was 1 percent to blame, the plaintiff is barred from collecting damages.

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Birth injuries occur when an infant is injured during pregnancy, labor, or delivery. Some birth injuries are unavoidable, but others are the direct result of negligence or error on the part of a doctor, nurse, technician, or another medical worker. If your child was injured or passed away during the birthing process, you may be unsure of who is to blame. You may suspect that medical mistakes played a role in your child’s injury, but do not have proof to verify this. In situations like these, an experienced medical malpractice attorney is needed to evaluate medical records, consult with medical experts, and launch a full investigation into the circumstances of the injury.

Medical Mistakes Can Lead to Debilitating Injuries to Infants
Birth injuries can cause an infant to experience unnecessary suffering and ongoing medical complications. An injured baby may need specialized care well into childhood or even adulthood. Parents of injured children may become overwhelmed with medical expenses and other costs related to the injury. If the birth injury was preventable, the parents may be entitled to compensation for these costs through a medical malpractice claim. Birth injuries that may possibly be the result of medical negligence include:

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If you are like many people, you may feel a bit uneasy when traveling behind a semi-truck that is carrying cargo. Although most truck freight is secured tightly and does not represent a risk to other motorists, sometimes truck cargo can fall off of the truck and cause devastating accidents. Unsecured truckloads can also shift within a trailer or flatbed truck and cause the truck to become off-balance and out of control. This, too, can cause horrific collisions. If you or a loved one were involved in a serious truck accident caused by loose or unsecured cargo, another party may be legally responsible for your losses.

Determining Liability in a Trucking Accident
Imagine the following scenario: A flatbed truck carrying large metal boxes of cargo is traveling down the highway when one of the boxes falls from the truck and onto the road below. You and several other motorists swerve wildly to avoid hitting the box. In the chaos that ensues, you are involved in a major auto accident. You subsequently suffer a traumatic brain injury (TBI), broken bones, and organ damage that all require costly medical care. You are also unable to work for several months after the accident. In a situation such as this, who pays for these costs? Determining liability for a truck accident can be a very complex process. The fault for the accident may lie with the truck driver, trucking company, cargo loader, manufacturer of securement devices, or another party. The fault may also be shared among several different parties.

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