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Illinois Serious Injury Attorneys of Philip F. Maher & Associates, Practice Areas and Legal Definitions
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Illinois, the following elements must be present:
The general rule in Illinois in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support. Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, bicycle accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. Anyone injured by a drunk driver in a traffic accident, or surviving family members of a fatally injured accident victim, may be able to bring wrongful death charges against the defendant. The Illinois catastrophic injury law firm of Philip F. Maher & Associates has years of practice and a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. The Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. Personal Injury Attorneys Philip F. Maher, Stephen E. McLean and Janice L. Schaffrick possess a detailed understanding of Illinois's automobile insurance and liability laws and understand the different sources of recovery available to car accident victims and their families. Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills, or disregarded standardized rules, a jury may find the health care provider negligent. If damages result from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians. Other examples of Medical Malpractice include:
Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state, or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash. Typically, the National Transportation and Safety Board (NTSB) conducts an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility. Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases. People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation. Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems. Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured. Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty. Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of Illinois, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring. Slip and Fall/Premise Liability: Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions. Dangerous or defective conditions may be a large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. If a claim is against a Town or the State of Illinois, then notices are required within a few months of the injury. For more information, please contact the personal injury attorneys of the Chicago, Illinois law firm Philip F. Maher & Associates. If you or someone you know in Chicago, Illinois, or within the surrounding cities and counties of Chicago needs the assistance or trusted legal advice of an experienced personal injury lawyer, please contact the attorneys of Philip F. Maher & Associates, today at 866-781-1232, or complete the contact form provided on this site to begin your free consultation with a skilled Illinois catastrophic injury lawyer. |