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Recent Blog Posts

What Counts as Chiropractic Malpractice in Illinois?

 Posted on November 05, 2025 in Medical Malpractice

Springfield, IL medical malpractice lawyerChiropractic adjustment videos are all over social media. They show people getting their backs cracked and walking away smiling. What those videos do not show are the risks. Chiropractors work on the spine and neck. These are two of the most delicate parts of the body. A single mistake can lead to nerve injuries, severe pain, paralysis, or even stroke.

Under Illinois law, chiropractors are licensed professionals who must meet certain standards when treating patients. They must use reasonable care, avoid risky or unnecessary procedures, and refer patients to medical doctors when appropriate. If a chiropractor ignores these responsibilities and a patient is harmed, it may be considered chiropractic malpractice. A skilled Springfield, IL medical malpractice lawyer can help you determine whether your injury was caused by negligence and explain your options.

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When Should You Take a Motorcycle Accident Case to Court?

 Posted on October 31, 2025 in Motorcycle Accidents

Decatur, IL motorcycle accident lawyerMotorcycle accidents often result in injuries that can cause lasting physical and emotional pain, as well as significant financial burdens. While many claims are resolved through insurance negotiations, there are times when filing a lawsuit is the only way to pursue full and fair compensation. Our experienced Decatur, IL motorcycle accident lawyers know how to properly value a claim and can advise you when taking the case to court is the best option.

When Do Motorcycle Accident Cases Go to Court?

Most motorcycle injury cases begin by negotiating with the insurance company. However, a settlement is not always possible. You may need to go to court if:

  • The insurance company denies responsibility for the crash.

  • The settlement offer is too low to cover your medical care or lost income.

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Who Pays for My Injuries if a Dog Attacked Me?

 Posted on October 23, 2025 in Personal Injury

Champaign, IL dog bite lawyerDog bites can result in serious injuries and substantial losses. For this reason, Illinois has clear laws that protect dog attack victims. However, what you can recover — and how you recover it — depends on the details of your case. At Kanoski Bresney, we can help you understand your legal rights. The first step is to speak with an experienced Champaign, IL dog bite lawyer who can guide you through each stage of your claim.

What Does Illinois Law Say About Liability for Dog Bites?

According to Section 16 of the Illinois Animal Control Act, a dog owner is legally responsible for injuries caused by their dog if the victim was lawfully in a place they had a right to be and did not provoke the animal. This is a "strict liability" standard, meaning the owner can be held responsible even if the dog never attacked anyone before or the owner did not act negligently.

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How Do I Prove a Wrongful Death in Illinois?

 Posted on October 09, 2025 in Wrongful Death

Decatur, IL wrongful death lawyerA wrongful death claim can arise out of many different situations. If you lost a loved one due to someone else’s negligence you may be able to hold the at-fault party accountable in civil court. Proving a wrongful death claim can be complicated, depending on the circumstances of your case. The experienced Decatur, IL wrongful death lawyers at Kanoski Bresney will guide you through the process and ensure you claim all recoverable damages.

What Counts as a Wrongful Death in Illinois?

Under the Illinois Wrongful Death Act, a wrongful death happens when someone dies because of another’s negligent or intentional act. Common causes include car crashes, medical errors, and workplace accidents. Defective products or intentional acts like assault or murder can also lead to a wrongful death claim. The lawsuit must be filed by the personal representative of the estate. Any compensation awarded is then distributed to the surviving spouse, children, or next of kin.

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Do I Have To Accept the First Settlement Offer for My Car Accident in Illinois?

 Posted on October 05, 2025 in Articles

Springfield, IL car accident lawyerOnce you file a car accident claim, the insurance company may come back with a quick offer. It might be tempting to accept it so you can cover medical bills or lost wages and move on. However, it would be a mistake to assume the first offer is the best one. Before making a decision, talk to an experienced Springfield, IL car accident lawyer for guidance.

Is the First Settlement Offer for a Car Accident Settlement Usually Low?

You should not be surprised if the first settlement offer is lower than the actual value of your claim. Insurance companies know that accident victims are under financial pressure. They sometimes use early offers as a tactic to save money. Sometimes, they will use the excuse of shared fault to send a lowball offer.

The modified comparative negligence rule under 735 ILCS 5/2-1116 can limit your access to damages. It says that if there is evidence that you share more than half the responsibility for the accident, you will not be able to collect a settlement. It also allows the insurer to reduce your settlement if you are 50 percent or less at fault. Insurers might still use this rule as leverage, even when their claim of fault is weak. Accepting the first offer without legal advice could leave you with far less than you need for recovery.

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How Can I Prove My Parent’s Fall Was the Nursing Home’s Fault?

 Posted on September 29, 2025 in Nursing Home Neglect

Peoria, IL nursing home neglect lawyerFalls in nursing homes are a leading cause of serious injuries for elderly residents. Many falls are preventable if facilities follow proper safety standards. If your parent fell and got hurt in a nursing home, you may be wondering what options you have for holding someone accountable. If you suspect negligence contributed to your loved one’s injury, talk to a Decatur, IL nursing home neglect lawyer about your case.

Why Do Residents Fall in Nursing Homes?

Residents can easily fall down when a facility does not provide them with proper care. If there is not enough staff to supervise residents, elderly residents can end up falling in situations where they would otherwise be safe. Missing handrails, grab bars, or bright enough lights can also cause people to trip, slip, or fall down.

Certain residents who are at risk of falling should have care plans. If these are not paid close attention to, this can also cause falls. Of course, if hazards like slippery or broken floors are left unrepaired, that can also lead to injuries. All of these situations are preventable, and when ignored, they can lead to serious injuries.

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ATV Accidents in Illinois Can Lead to Serious Injury Claims

 Posted on September 19, 2025 in Personal Injury

Springfield, IL ATV accident lawyerWith summer turning into fall, many people in Illinois take advantage of the cooler weather to enjoy outdoor activities like riding all-terrain vehicles (ATVs). ATVs can be a fun way to explore, but they also pose serious risks. 

Accidents involving ATVs often result in severe injuries because the vehicles provide little protection. If you or your child was hurt in an ATV accident, a Bloomington, IL personal injury attorney can guide you on how to pursue compensation for your losses.

Are ATVs Considered Dangerous?

ATVs are powerful machines that can reach high speeds. Unfortunately, they usually lack safety features like seatbelts and airbags. Riders are exposed to the elements and extremely vulnerable in a crash. According to the Consumer Product Safety Commission, hundreds of people across the United States die in ATV accidents each year, and thousands more suffer life-altering injuries.

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Can I Get Workers’ Comp if My Pre-Existing Condition Gets Worse?

 Posted on September 10, 2025 in Workers' Compensation

Champaign, IL workers' compensation lawyer for preexisting conditionsMany Illinois workers worry that a past injury or health problem will stop them from getting benefits if it gets worse on the job. The Illinois Workers’ Compensation Act, 820 ILCS 305/, makes clear that workers can still qualify for benefits if their job duties aggravate, accelerate, or combine with an existing condition. 

In other words, you may be covered even if you were not perfectly healthy before your workplace injury. A Champaign, IL workers’ compensation lawyer can help you understand your rights and guide you through the process.

What Is Aggravation of a Pre-Existing Condition in Workers’ Comp Claims?

A pre-existing condition is any health issue you had before your current injury. Aggravation happens when your job duties make that problem worse. This can occur in many ways. For example, lifting heavy boxes may cause a prior back injury to flare up. Repetitive tasks like bending or typing can make arthritis or carpal tunnel syndrome more painful. Exposure to dust, mold, or chemicals may worsen asthma or other breathing issues.

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How Do Illinois Courts Decide if an At-Home Injury Counts as Work-Related?

 Posted on September 02, 2025 in Workers' Compensation

Bloomington, IL workers' comp lawyer for injured remote workersRemote and hybrid work arrangements are now a normal part of life for many Illinois employees. While this flexibility has clear benefits, it also raises difficult questions about workers’ compensation. If you are hurt while working from home, how can you prove that your injury is work-related? 

The answer depends on what Illinois law defines as "arising out of and in the course of employment." If you have been injured at home and are unsure about your rights, one of our Springfield, IL workers’ compensation lawyers can explain your options.

What Does Illinois Law Require for an Injury to be Considered Work-Related?

The Illinois Workers’ Compensation Act, 820 ILCS 305/, says that an injury must arise out of and occur in the course of employment to qualify for benefits. "Arising out of" means the injury is connected to something for your job. "In the course of" means it happened while you were performing your work duties or something reasonably incidental to those duties.

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Can Union Workers in Illinois Have Their Workers’ Comp Claims Denied?

 Posted on August 29, 2025 in Workers' Compensation

Champaign, IL workers’ comp lawyerMany union workers believe that being part of a union guarantees approval of a workers’ compensation claim. Unfortunately, that is not true. While union membership can provide strong protections and support, Illinois law requires all employees, union or non-union, to meet certain conditions to receive benefits. Claims can still be denied, even when the worker belongs to a union and even when their work injuries are legitimate.

With more than 100 years of combined legal experience, the Champaign, IL workers’ comp attorneys at Kanoski Bresney help people hurt at work understand their rights and fight claim denials.

How Workers’ Compensation Works for Union Workers in Illinois

Under the Illinois Workers’ Compensation Act (820 ILCS 305/), most employers are required to provide workers’ comp benefits for employees who are hurt on the job. These benefits may cover medical treatment, temporary total disability (TTD) payments while you cannot work, permanent partial or total disability, and vocational rehabilitation if you cannot return to your old job.

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