Recent Blog Posts
Tips for Staying Safe on the Roads During Thanksgiving Travels
Although we rarely think about it, driving is one of the most dangerous activities people do on a regular basis. An estimated 32,000 people lose their lives in car accidents every year in the U.S and thousands more are injured. With Thanksgiving just around the corner, people are starting to make holiday travel plans. During the holiday season, there are even more vehicles than normal on the road, so it is critical to be vigilant. Keep yourself and your family as safe as possible by following these holiday travel safety tips.
Car Accidents Spike Around Thanksgiving
According to the National Highway Traffic Safety Administration (NHTSA), there were over 750 fatal car crashes and almost 50,000 non-fatal motor vehicle accidents during Thanksgiving 2012. Every year, traffic accidents spike during the winter holiday season. Many of these accidents are caused by drivers who are under the influence of drugs or alcohol, or who are too sleepy to drive.
Bringing a Premises Liability Claim for an Injury at Someone’s House
Imagine this scenario: You are invited by a neighbor to party at his house. As you are walking up the stairs to the bathroom, the handrail breaks, and you fall down the stairs. You are seriously hurt and require emergency surgery for a broken bone. In a situation such as this, who is responsible for the costs associated with your injury? Read on to learn about how a premises liability claim can help you pursue compensation after an injury on a private residence.
When is a Homeowner Liable for Injuries on His Property?
Many, if not most, premises liability cases hinge on the concept of negligence. A property owner is negligent when he or she fails to uphold a “duty of care” owed to guests. Illinois law says that property owners and occupiers must take reasonable steps to prevent guests to the property from being injured. If a property owner fails to maintain a reasonably safe home and a guest is injured as a result, the property owner could be liable for the expenses incurred by that injury. Examples of unsafe conditions which could result in a premises liability claim include but are not limited to:
Negligence Per Se in Illinois Drunk Driving Accidents
The vast majority of personal injury cases revolve around the concept of negligence. The term "negligence" refers to a party’s failure to act with an appropriate level of care. Anyone driving on public roads has a duty to drive responsibility and avoid injuring other drivers or pedestrians. An individual who drives with a blood alcohol content of 0.08 percent or more is breaking the law by driving under the influence (DUI). If a drunk driver causes an accident in which someone was injured or killed, the driver can be considered “negligent per se” and held legally responsible for the damages caused by the accident.
Understanding Negligence Per Se
In a typical personal injury claim, the injured individual and his or her legal counsel have the burden of proving how the defendant’s actions or inactions caused the injury. Generally, to win a personal injury case, the plaintiff must show:
Popular Heartburn Medication Recalled Due to Cancer Concerns
When we use or consume a product, most of us assume that there are no dangers associated with the product. In the United States, governmental agencies like the Consumer Product Safety Commission and Food and Drug Administration are tasked with ensuring that the products we use every day are safe. Unfortunately, defective products or products containing unsafe ingredients can still find their way onto store shelves. Most recently, the popular over-the-counter heartburn medication Zantac has been recalled in the U.S. and Canada over fears that it could increase consumers’ risk of cancer.
Drug Manufacturer Recalls Zantac
Sanofi SA, a French drug manufacturing company, recently announced that they will be recalling Zantac until further information about the drug’s ingredients can be analyzed. Health agencies have investigated the drug because it contains N-nitrosodimethylamine (NDMA), a cancer-causing impurity.
Avoid Common Halloween-Related Injuries by Following These Tips
Across the United States, both children and adults are preparing for Halloween. For some, Halloween simply means passing out candy to a few neighbors, while others celebrate the spooky holiday with as much enthusiasm as they do Christmas or Easter. Whatever your Halloween plans, Salvi & Maher, L.L.C. reminds you to stay safe and be on the lookout for dangerous situations.If you are injured while enjoying the holiday festivities, a qualified personal injury attorney may help you receive compensation for expenses like medical bills and lost wages.
Take Steps to Ensure Your Property and Home Are Free from Hazards
If you plan to invite others into your home or to your front door on Halloween, make sure there are not any dangerous items or circumstances on your property. If an individual is injured by a preventable hazard on your property, he or she may be able to sue you. In order to protect yourself as well as trick-or-treaters, remove tripping hazards like loose toys or lawn décor from trick-or-treaters’ path. Ensure that your property, walkway, and porch area are well-lit. Even if your pets are usually friendly to strangers, it may be best to relocate pets who could accidently jump on or injure children during the Halloween festivities.
How Sleepy Drivers Can Cause Horrific Car Accidents
When we think about negligent drivers, drunk driving or drugged driving often comes to mind. However, those under the influence of alcohol and drugs are not the only drivers who can cause serious and even deadly car accidents. In our busy world, about half of U.S. adults report not getting enough sleep at night. When a sleep-deprived driver gets behind the wheel of a car, the results can be catastrophic. In one survey, a shocking 40 percent of drivers admitted to actually falling asleep while driving at least once in their lifetime. Fatigued drivers who cause car accidents can be held legally responsible for the damages caused by the accident.
How Does Sleepiness Affect Driving?
If you are like most adults, you probably sleep fewer hours than you would like to. While it is extremely common, being sleep deprived can significantly harm your brain’s ability to properly function. Not getting adequate sleep can negatively affect cognition, alertness, decision-making, attention, and memory.
What Damages are Available in a Wrongful Death Lawsuit?
Losing a loved one in an unexpected accident can take a massive toll on surviving loved ones. Not only does a death in the family cause heartbreak, it can also be create a tremendous financial burden to those left behind. When another party’s negligence causes a death, the deceased person’s loved ones may bring a wrongful death lawsuit against the negligent party. Through a wrongful death claim, the victim’s family can pursue compensation for medical expenses, loss of companionship, and more.
When is a Wrongful Death Claim Appropriate?
Tragic accidents happen every day, but not every unexpected death warrants a wrongful death claim. According to the Illinois Wrongful Death Act, when an individual’s death is caused by “wrongful act, neglect, or default” and the deceased person would have been eligible to recover damages if he or she survived, the personal representatives of the deceased person may pursue compensation for the benefit of the surviving spouse and next of kin. A wrongful death claim may be appropriate in the following situations:
Can I Receive Compensation After a Traumatic Brain Injury?
Suffering a traumatic brain injury (TBI) can absolutely devastate a person’s life. When someone’s brain is damaged in an accident, he or she may never be the same again. Traumatic brain injuries can occur when a violent impact to the head causes the brain to strike the skull or when an object such as a shard of glass penetrates the skull and damages the brain. Someone who suffers a TBI may require ongoing, expensive medical treatment and be left unable to work for months or even years. Fortunately, a personal injury lawsuit may be able to help TBI victims recover compensation for their damages.
How Does a Traumatic Brain Injury Occur?
In 2014 alone, nearly 3 million people visited an emergency room for traumatic brain injury treatment. Over 800,000 of these victims were children. Some traumatic brain injuries are relatively minor, while others can cause permanent disability or even death. There are almost countless ways that an individual can suffer a traumatic brain injury. Two of the most common causes of TBI include car accidents and slip and fall accidents. TBIs can also occur during sports, workplace accidents, and gun-related incidents. A child who falls from playground equipment can sustain a TBI if the child’s head strikes a hard object or the ground.
Understanding the Role of Negligence in a Car Accident
Almost every personal injury claim hinges on the concept of negligence. In order for an injured person to collect compensation for damages related to an accident, they will most likely need to provide evidence that shows that the accident was caused by another party’s negligence.
It can often be hard to know exactly what type of behavior constitutes negligence. Sometimes, experts like doctors, accident reconstructionists, civil engineers, or law enforcement officers will need to weigh in on a personal injury case to help prove negligence. Eyewitnesses to the accident may also provide valuable insight when it comes to showing how negligence contributed to the claimant’s injuries.
Defining Negligence
A person acts negligently if he or she behaves in such a way that a reasonably cautious person would not. This can include negligent acts as well as negligent failure to act. In most personal injury claims, the negligent party owed some type of duty to the injured person. For example, anyone driving on public roadways has a “duty of care” to drive safely and obey traffic laws. Typically, there are four elements which must be demonstrated in order to prove that a party acted negligently:
Who Is Responsible for a Parking Lot Accident in Illinois?
At grocery stores, shopping centers, and business parks throughout the region, it is not uncommon to see drivers scrambling to find convenient parking spaces. In most parking lots, you can expect the constant movement of cars and pedestrians—the combination of which can easily lead to an injury-causing accident.
Accidents in a parking lot are often caused by drivers not paying attention for various reasons. For example, drivers may distracted by their phones or by small children in the car. Regardless of the cause of distraction or inattentiveness, the outcome is too often an accident involving another car or a pedestrian.
Determining Who Is at Fault for a Parking Lot Accident
The popular belief is that fault in a parking lot crash is equally shared by the drivers involved. However, this is not always the case. A parking lot accident is handled the same way as any other accident on the road would be. This is because parking lots have right-of-way rules that must also be followed and obeyed. A driver who did not yield to another driver or pedestrian with the right of way is likely to be found liable if an accident were to occur.
Contact a Lake County Vehicle Accident Attorney Who is Ready to Help You
If you or a member of your family has been injured in a motor vehicle accident, contact our office. Call 847-662-3303 to set up a free initial consultation at one of our four convenient locations. There is no risk because we only collect fees if you collect compensation. With offices in Libertyville, Waukegan, Richmond, and Chicago, we represent clients in Lake County, Cook County, DuPage County, and McHenry County.