Recent Blog Posts
The Real Impact of a Wrist Fracture
Compared to traumatic brain injuries and spinal cord injuries, a fractured wrist may seem like no big deal. However, a fractured wrist can have a serious, long-term impact on your ability to work and quality of life. Medical bills can pile up quickly and become expensive, especially if you are experiencing loss of income related to the injury. At the Law Offices of David W. Clark, P.C., wrist fractures are taken seriously, as they should be. If you have suffered a wrist injury as the result of an accident, it is best to contact a lawyer promptly so they can preserve any necessary evidence should you find that you want to pursue compensation.
How Might a Wrist Fracture Impact My Life?
People rely on their wrists more than one might think. From simple daily tasks like dressing and setting the table to work-related tasks like lifting boxes or typing, having a fractured wrist can have a serious negative impact on your life. In some cases, wrist fractures take months to heal. In other cases, a person’s wrist never heals properly. Here are some ways a wrist fracture can affect your life:
Recovering Damages from a Negligent Driver When You Were Their Passenger
A majority of litigation related to car accidents is between strangers who were in different vehicles. A driver you do not know runs a red light and hits your car, so you sue. But what if you were a passenger of the driver who caused the accident? You still have the right to recover compensation for your injuries. If you were hurt by a careless driver while riding in their vehicle, you should contact an attorney as soon as you can after the accident. The crash scene needs to be investigated and any physical evidence needs to be promptly documented before it can be discarded or destroyed.
What Stops Injured Passengers of Careless Drivers from Seeking Compensation?
Legally speaking, nothing. If you were injured by a negligent driver, you have every legal right to recover compensation from them regardless of whether you were their passenger or a stranger in another vehicle. The main reason many injured passengers of negligent drivers never seek compensation is because they have a relationship with the driver. Odds are, if you were riding in a car driven by someone else, the driver is your friend or even relative. Most people are reluctant to contact a lawyer and seek compensation from their friend or family member.
Workers’ Compensation and "Off-the-Clock" Injuries
When an employee is injured while on the clock while performing their job duties, they usually have a clear-cut case for workers’ compensation. But what about employees who are injured on company property or while on work-related travel, but not actively performing their job duties? The good news is that in some cases, employees may be entitled to receive workers’ compensation for injuries that happened “off the clock.” If you were injured on company premises, or while traveling for work, contacting an attorney is a smart move. Workers’ compensation claims for off-the-clock injuries are often wrongfully denied - involving an experienced attorney from the start gives you the best chance of receiving the workers’ compensation you deserve.
When Can I Get Workers’ Compensation if I Was Hurt on Company Premises?
Just because you were not actively working when you were injured does not mean you are not eligible for workers’ compensation. You may be eligible for workers’ compensation if you were injured:
Proving an Illinois Slip and Fall Claim
Slip and falls are a fairly common type of accident that may result in a negligence claim. Injuries from slip and fall accidents can be severe and have a major impact on your life. Proving that the owner or tenant of the place where you fell was negligent is necessary to recover damages, but can be difficult in some circumstances. If you were hurt in a slip and fall, it is very important that you contact a qualified attorney as soon as possible after the accident so that evidence can be preserved.
What Must be Proven in a Slip and Fall Case?
You and your attorney will need to prove that the person in charge of maintaining the property was careless. This involves proving that this person knew about the dangerous condition that led to your injury and failed to act. Often, the dangerous condition that caused your fall was temporary - such as the classic example of a spilled liquid on the floor. This is why timing is so important. The person responsible for the premises often cleans up the spill or otherwise remedies the dangerous condition very quickly after an accident.
Legal Options after an Amusement Park Injury in Illinois
We usually hear about amusement park injuries when a catastrophic accident occurs on a roller coaster or other thrill ride. However, most amusement park injuries do not make the news. If you or a loved one were hurt in a slip and fall accident, swimming pool accident, or another accident caused by unsafe conditions at an amusement park, it is important to explore your legal options. You may be facing steep medical bills and other financial consequences because of your injuries. A premises liability claim against the amusement park may allow you to recover compensation.
Injuries at a Fair, Carnival, or Amusement Park
For many, visiting a carnival, amusement park, or other outdoor festivities is the best part of summer. However, an unexpected accident can turn a fun outing into a trip to the emergency room. The owners and managers of amusement parks, water parks, and carnivals are expected to keep the premises in a reasonably safe condition. When an unsafe condition causes a patron to be injured, the facility may be liable for damages.
Who Is at Fault in a Multiple-Vehicle Car Accident?
Being involved in an injury-causing car crash is traumatic regardless of the circumstances. However, accidents involving more than two vehicles are often especially chaotic. In a multiple-vehicle collision, it can be hard to understand how the accident started and what each driver’s role in the accident was. This can make car accident injury claims even more difficult to navigate.
Many pile-up accident victims have questions about who is legally at fault for the crash. They also worry that they may be blamed for causing or contributing to the crash if their vehicle struck another vehicle during the hectic accident. If you or a loved one were in a chain-reaction car crash, pile-up, or a crash involving three or more vehicles, it is highly recommended that you contact a skilled car accident lawyer for help. Your lawyer can investigate the cause of the crash, protect your rights, and help you pursue compensation for your damages.
What Can I Do If My Workers’ Compensation Claim Is Denied?
Whether a work injury is caused by repetitive motion, a sudden workplace accident, exposure to disease-causing substances, or other circumstances, the results can be life-changing. Many people who suffer a work-related illness or injury are unable to work and earn an income while they recover. They are also faced with considerable medical costs. Workers’ compensation is intended to cover expenses resulting from a work injury. However, some workers’ compensation claims are denied. If your workers’ compensation claim was denied, read on to learn about your legal options.
Reasons for Workers’ Compensation Claim Denials
Injured workers must follow certain procedures to be entitled to compensation through their employer’s workers’ compensation insurance. For example, workers must report the injury and submit the correct paperwork within a certain time fame. Independent contractors and people who are self-employed are not eligible for workers’ compensation. Workers may also be denied compensation if the injury does not warrant medical treatment or time off work.
What Is the Law in Illinois Regarding Wrongful Deaths?
Whether you have lost a spouse, sibling, parent, child, or other loved one, an unexpected death in the family can be devastating. This devastation is compounded when the person’s death was due to an avoidable accident. In Illinois, individuals who have lost loved ones may be able to file a civil legal action called a “wrongful death claim.” Taking legal action cannot bring back your loved one. It may, however, act as a means of holding the at-fault party accountable. It may also allow you to recover financial compensation for medical and funeral expenses and other damages.
What Is a “Wrongful Death?”
According to the Illinois Wrongful Death Act, an individual has the right to pursue damages when the following conditions are present.
The person’s death was caused by neglect, default, or wrongful act. A party is considered negligent when the party had a duty of care, the party failed to uphold the duty, and the person died as a result. Wrongful death claims may be based on an allegation of negligent action or negligent inaction. For example, a trucking company has a duty to ensure that trucks are do not have mechanical problems that could cause an accident. If the trucking company failed to perform maintenance on a truck and the truck caused a fatal accident, the trucking company may be liable for damages. Similarly, a property owner who does not comply with fire codes may be liable if someone dies in a fire.
Can I Sue If I Suffered a Back Injury?
Back injuries, neck injuries, and spine injuries can be excruciating and debilitating. When a person suffers a back injury resulting from another party’s recklessness or negligence, the injured person may be entitled to damages. They may recover compensation for the financial losses they suffered due to the injury, such as medical bills and non-financial losses like their lost quality of life. However, successfully recovering money for a back injury can be challenging. To do so, you and your attorney will need to prove several elements.
Do I Have a Valid Back Injury Lawsuit?
A personal injury lawsuit is used to pursue financial restitution after an injury. The liable party may be a business like a restaurant or retail store, an individual such as a negligent driver, or even a government entity like a city. Most of the time, the party who is ultimately responsible for paying the damages is an insurance company.
Pursuing Compensation After an Illinois Hit-And-Run
If you have ever been involved in a motor vehicle accident, you know how stressful and frightening the situation can be. This fear and frustration is only amplified when the perpetrator flees the scene and the accident becomes a hit-and-run. Whether the assailant is found or not, it is possible for you to recover damages with the help of a DuPage County car accident attorney.
What Is a Hit-and-Run Car Accident?
A driver leaving the scene immediately after hitting another vehicle, piece of property, or a person has just committed a hit-and-run. Every state has laws and consequences against committing this crime.
In Illinois, there are rules that must be followed after any car accident. For instance, all individuals involved in a car accident resulting in injury or property damages must first stop their vehicle as close to the scene as safely as possible and provide all necessary personal information (i.e., name, address, driver’s license). If the rules are not followed and the driver at fault does not remain at the scene, they could face a range of consequences from a small fine to a prison sentence.
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