How To Prevent Lawnmower Accidents This Spring And Summer

As the snow that never came this year to Chicago begins to melt, small patches of baby sprouting grass appear in clumsy patches. The weather is getting warmer, and we are coming into what many homeowners know as lawn care season. While spending the weekends gardening and performing lawn care can be rewarding to a homeowner, there are many lawn care tools that can cause serious personal injuries to users, as well as to anyone nearby.

How Dangerous are Lawnmowers?

As a recent NBC News report explains, lawnmower incidents often result in serious amputation injuries. The injury victims of these accidents are losing toes in preventable accidents. What is especially problematic about lawn care accidents, the news report indicates, is that they are far from being occasional. Home machinery and tool accidents are much more prevalent than you might think.

The Consumer Product Safety Commission (CPSC) estimates that about 90 deaths and 34,000 injuries result from lawnmower accidents every year. Most of these injuries resulted from contact with blades, heated components of the mechanism, or projectiles shot from the mower. The most common injuries associated with lawnmower accidents are cuts, burns, broken bones and even damage requiring amputation.

Lawnmowers Injury Prevention and Safety Tips

Chicago Injury Legal at The Romaker Law Firm wants to keep your family and you safe this spring and summer. We know that prevention is key in safety and avoiding accidents. That is why below you will find a list we have complied over safety tips for mowing and lawnmowers in general.

  • First and foremost, before cutting the grass, you should always remove stones, toys and debris from the grass to prevent injury from flying objects.
  • CPSC suggests that consumers purchase a lawnmower certified, which will meet voluntary safety standards. A lawnmower that contains a label that says “2003 ANSI B71.1” means that the machine has important safety features, including:
    • Operator presence control, which automatically stops the rotary blade from spinning when the rider leaves or falls from the seat;
    • A seatback designed to help the rider stay in a safe position while operating the equipment;
    • Special design elements that stabilize the machine to prevent tipping.
  • Always wear sturdy shoes, not sandals or sneakers, while mowing the lawn.
  • Lawnmowers should only be driven, or pushed, up and down slopes to prevent rollovers.
  • Children under 16 should not operate a riding lawnmower.
  • Protective eye wear and hearing protection is a must when operating a lawnmower.
  • Children and/or pets should not be in the yard while the grass is being cut, but if they are, then they should stay at least 50 feet away from the lawnmower.
  • Never use your hands or feet to clear debris from the blade, instead use a broom handle or stick.
  • Never mow when the grass is wet or if the weather is bad.
  • Do not allow passengers to ride along on lawnmowers.
  • Only add fuel or service the lawnmower outdoors. Sheds and garages are not well ventilated, thus they cannot protect you from spontaneous combustion fires or becoming overwhelmed with fumes.
  • Keep your mind on the task at hand.

Lawnmower Accident? Call Chicago Injury Legal at The Romaker Law Firm!

You can minimize the risk of a lawnmower accident by buying appropriate equipment, limiting its use to responsible adults and making sure children are not in harm’s way when mowing. However, despite your caution, accidents may still occur. If you or a loved one has been injured in a lawnmower accident, do not hesitate in contacting an experienced warrior personal injury lawyer from Chicago Injury Legal at The Romaker Law Firm.

With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the aggressive legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case!

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

5 Essential Things To Do After A Car Accident

 

Being involved in a car accident can be a frightening, disorienting experience. It is important to remain calm after a collision, however, what you do and say in the aftermath can have an effect on your future and legal rights. While we hope that you’re never involved in an accident, Chicago Injury Legal at The Romaker Law Firm knows that being prepared is the best way to make sure the correct steps are taken after a car accident so that your legal rights and best interests are effectively preserved.

Below you will find a list of 5 essential things to do after a car accident:

Seek Medical Attention

The first thing you should do after an auto accident, other than stopping, of course, is to seek medical attention for yourself and others who may be injured. Often, injuries caused by motor vehicle accidents are not immediately apparent. Even in accidents involving minor impact, you can sustain a serious and permanent injury. It is also important to have documentation from a medical professional to show the link between your accident and any injuries you sustain.

Obtain A Police Report

You should always be wary if the other driver tells you not to call the police. In most cases, this driver is simply trying to protect him or herself.  When the police arrive, they will file a report, which will be useful if you need to make an insurance claim and/or if the other party tries to bring a lawsuit against you. Police reports are typically used when determining who was at fault in an accident. Without it, there could be a dispute as to who’s at fault. Police may also collect information that you might not consider relevant, when caught in a stressful situation.

Collect Evidence

As soon as you are able, you should speak to any witnesses at the scene, write down their names and gather their contact information. If you have a cellphone with a camera, take pictures of the scene, any vehicles involved and any injuries you or your passengers may have sustained. This information can be used as evidence in your accident case.

Exchange Information

Share your insurance and contact information with the other driver and the police. It’s a good idea to get contact information for both the drivers and passengers invovled so you or your warrior personal injury lawyer can contact them in the future.

Talk to an Experienced Personal Injury Lawyer

Once your physical health is stabilized, if you have incurred any losses from the accident, you should call to discuss your options with an experienced, warrior personal injury lawyer from Chicago Injury Legal at The Romaker Law Firm as soon as you can. Even if your case can be resolved through an insurance claim, it is important to have a lawyer review any settlement offers you receive before you accept them. This is important for two reasons:

  • You may have miscalculated the value of your losses and may not realize the offer is inadequate; and
  • Once you accept an offer, you waive the right to file a legal claim or to seek additional compensation.

An experienced personal injury lawyer will protect your rights throughout this process and will negotiate for a maximum offer whenever possible.

Car Accident? Call Chicago Injury Legal at The Romaker Law Firm!

The time immediately after an accident is always the most stressful. It is always a good idea to talk with an experienced personal injury lawyer before discussing an accident case with anyone. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the aggressive legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

 

5 Preventable Workplace Accidents

 

Serious workplace accidents and injuries are far too common.  4,405 workers were killed on the job in 2013 while millions more suffered serious non-fatal injuries. Every day in America, 13 people go to work and never come home. 3.3 million people suffer a workplace injury from which they may never recover. People who work in industrial environments around heavy equipment are not the only ones at risk for injury or accidents. Of the 5 most common injuries on the job, the majority are those random incidents that can happen to anyone and at any time. Not only is it the employer’s responsibility to ensure a safe work environment, each employee also has a responsibility to themselves to take caution when on the job.

As listed by leading insurance companies around the country, here are the top 5 reported worker’s compensation injuries:

Slips And Falls

These types of accidents are said to account for a third of all injuries in the workplace. Falls, in general, account for more than one million injuries each year in the United States.  Slips and falls at work due to wet or damaged floors, debris on the floor, and other obstructions are the leading cause of broken bones, head injuries, and injured backs. Slips and falls have many causes, but usually, one thing in common, they could have been prevented.  Take the time to notify your employer if you identify anything potential hazards in your work area.

On the Job Violent Acts

Attacks caused by office politics and other arguments have led to serious physical injuries. Workplace violence employee training and employee diligence in watching out for suspicious activities can help keep these incidents at bay. If you feel attacked do not hesitate to make it known. Speak with your supervisor and together find a way to defuse the situation.

Manual Work Activites

If you work in an environment where heavy lifting, pulling, carrying, pushing, or moving items or equipment is necessary, you are more susceptible to back injuries, heart problems, muscle injuries, and even broken limbs.  And, if you feel your job is too heavy, too difficult, too tiring or puts you at risk of injury, speak to your employer.  It is the employer’s responsibility to assess manual work activities and control any risks.  This may mean redesigning the task or providing you with safe work procedures and appropriate instruction, training, and supervision.

Machine Entanglement

This type of injury usually occurs in a factory where heavy equipment and machinery are used. Clothing, shoes, fingers and hair are by everyday equipment when no precaution is taken. Protective equipment and attention to personal details are necessary to avoid these incidents.

Electric Shock

The fourth most common injury in the workplace relates to electricity hazards causing electrocution or electric shock.  Getting zapped, shocked or burned are common causes of injuries that can often be serious or even fatal. Those who deal specifically with electricity on a daily basis are at increased risk for such injuries.  There are laws in place to provide safe working areas for electricians.  If you have any doubts about a procedure ask your supervisor.  And, be sure to report any unsafe conditions, equipment, or work practices as soon as possible.

Injured on The Job? Call Chicago Injury Legal at The Romaker Law Firm!

Injuries happen every day and you do not have to suffer the consequences alone. If you are injured on the job do not hesitate in contacting Chicago Injury Legal at The Romaker Law Firm. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

 

Be Spring Safe: Bicycle Safety Tips

SPRING is here!

And just the thought of spring makes winter-weary Chicagoans, including myself, itch to get back on their Bicycles. Whether you are riding for fun, for your commute, or for fitness, cycling in the springtime in the Windy City is always enjoyable. It is important, however, for all bicyclists to be aware of safe practices like the ones listed below:

  • Give your Bike a Spring Tune-Up
  • Be Mindful That Drivers Aren’t Expecting You
  • Watch for Sand and Gravel in the Road
  • Consider Joining a Bicycle Club

What To Do If You Are Injured In a Bicycle Accident

While there are many safety tips that can help prevent crashes and collisions, like the ones mentioned above, the truth is that no matter how cautious you may be on your bicycle, you cannot control the actions of others. Accidents can and will happen. For your safety, it is important that you know the following tips for what to do in the event you are injured in a bike related accident.

Seek Medical Treatment /Police

 Perhaps the most important consideration after a crash is your physical health. Many bicyclists are seriously injured and require immediate medical help. You should always contact emergency personnel as they can determine how serious your injury truly is and what kind of medical attention you will need. Even if you cannot stay at the scene of the accident, you should have your injuries examined as soon as possible following the accident so that you receive the treatment you need.  It is also important you speak with the police. Give them your side of the story so they have all the facts they need for the police report. The police report is important because it is a legal documentation of your injuries. Thus, it will strengthen your personal injury case if you decide to follow through with it.

Gather information

Just like you do in any type of traffic accident, you should gather the names and contact information of the people involved as well as any witnesses to the crash. Document any information relevant to the accident such as location, time of day, obstruction on or off the road, etc. Take pictures of the scene if possible. 

Call The Romaker Law Firm Before You Call The Insurance Company

Your first instinct may be to call the insurance company to make a claim. However, you should know that anything you say to the insurance company could be misconstrued in a way that limits the company’s liability to you. It is always better to have an experienced personal injury lawyer communicate with the insurance company on your behalf and handle the claims process for you, leaving you time and peace of mind to recover.

Bicycle Accident? Call Chicago Injury Legal at The Romaker Law Firm, Today!

Everyone should be allowed to enjoy the nice weather and the roads outside, both drivers, pedestrians, bicyclists, motorcycle riders, runners, and walkers. If you have been injured in a bicycle accident in or around Chicago, your first call should be to the warrior personal injury lawyers of Chicago Injury Legal at The Romaker Law Firm. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

What is The Difference Between a Personal Injury Claim and a Personal Injury Case?

 

If you get into a car accident and are injured as a direct result of someone else’s negligence, you may have the option to make a personal injury claim or file a personal injury lawsuit (case). But which should you choose? The terms, “personal injury claim,” and “personal injury lawsuit (case),” are often used interchangeably. However, while both claims and cases involve seeking damages for injuries from an at-fault party, the two processes have some stark differences. It’s important to understand which one best applies to your situation. Should you file a lawsuit case against the at-fault driver, or do you file a claim and try to negotiate a settlement? Find out the difference between the two and which one is the best option for your situation, here:

(We use the example of a car accident, but the information here applies to all types of personal injury cases, including slip and falls, dog bites, defective products, etc.)

 

What Is a Personal Injury Claim?

Very few personal injury claims go to trial, less than 5% by some estimates. So what happens to the other personal injury cases? The vast majority reach some form of settlement before trial, sometimes before a lawsuit is even filed; while some are essentially over before they really get started.`

When making a personal injury claim, you are seeking compensation for damages you sustained as a result of someone’s negligence. Damages could be personal injuries, pain and suffering, or even lost wages from being unable to work as a result of the accident. An experienced attorney from Chicago Injury Legal at The Romaker Law Firm will be able to negotiate with the other individual’s insurance company to attempt to garner compensation for the following:

  • Medical treatment
  • Loss of income
  • Pain and suffering
  • Emotional distress

A personal injury claim is between you and the at-fault driver’s insurance company before any lawsuit is considered. The claims process is a series of questions and negotiations between you, your experienced personal injury lawyer, the insurance company’s claims adjuster and their lawyer. Your conversations with the claims adjuster need to be accurate and support your case. During the claims process, you must convince the adjuster:

  1. Their insured’s negligence caused the accident.
  2. Your injuries are real, and required medical attention.
  3. The cost of your medical treatment is substantial.
  4. Your out-of-pocket costs are real (e.g. medications, crutches, transportation, etc.), and directly related to the accident.
  5. Because of your injuries, you were unable to work and earn income.
  6. You suffer continuing pain and discomfort.

The negotiations hopefully result in a compromised settlement payment, where both parties are satisfied.

 

What Is a Personal Injury Case/Lawsuit?

A negotiated settlement is often the best result because it avoids the high costs and lengthy duration of a trial. Going to trial and filing a personal injury case/lawsuit is mostly considered to be the last resort.

If the claim negotiations are unsuccessful, the next option is a lawsuit. In a lawsuit, your attorney will need to prove that the at-fault person’s negligence caused your injuries to be significant enough to warrant compensation. A personal injury lawsuit starts when the injured person (now the “plaintiff”) files an initial complaint (a document stating the plaintiff’s case) and summons (a document that notifies the “defendant” that they are being sued) with the local branch of their state’s civil court. These documents are “served” on the defendant, who has a certain number of days to respond.

If the lawsuit does not reach a settlement at any point (keep in mind that settlement can occur at any stage), then the case will reach trial, and a jury will decide whether the defendant is responsible for the plaintiff’s accident, and if so, how much to award the plaintiff.

 

Which Is Right For Me?

For minor injuries, the best option is to make a personal injury claim. Even if the insurance company does not give you as much as you wanted, it is recommended that you do not pursue a personal injury case/lawsuit. A personal injury case/lawsuit can be filed anytime, but they are mostly recommended as a last resort for those who received minor injuries from their accident.

Your injuries also have to reach a certain threshold to be admitted to court. Filing personal injury case/lawsuit is recommended for those involved in severe accidents, which need to meet certain criteria. In any case, make sure to consult with an experienced attorney to discuss all of your options.

Lawsuits carry risks. Under some circumstances, the person bringing the lawsuit will be required to pay the other side’s attorney fees and costs. This can happen if the court dismisses the lawsuit, a jury finds no liability, or even when a jury gives the injured person a verdict, but it is less than a previous offer to settle by the defendant. That is why attorneys try hard to settle cases before they recommend that a lawsuit be filed.

 

Injured? Call Chicago Injury Legal at The Romaker Law Firm, Today!

If you were not at fault, you may think it will be easy to reach a settlement with an insurance company. But, remember the insurance company’s role is not to pay you, it is to make a profit for its shareholders. The lawyers at Chicago Injury Legal at The Romaker Law Firm have extensive knowledge of the law and can effectively communicate with insurance companies. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

Do I Have A Personal Injury Case?

If you have been injured or lost a family member due to the carelessness of another, you are probably wondering whether you have a personal injury case and are entitled to pursue compensation for damages. It’s important to understand that even if you were hurt very badly in an accident, you may not have a valid personal injury lawsuit (case) or a valid personal injury claim, which is making a claim directly to an insurance company without filing a lawsuit.

To determine whether you have a viable personal injury case or claim, you should begin by asking yourself three basic questions:

If your answer to all three of the questions above is “yes,” you may be able to obtain financial compensation for your injuries by pursuing a personal injury case. You should know that many different factors affect the outcome of a personal injury case. While this blog post serves as a general guide as to whether or not you have a valid personal injury case, the only sure and absolute way to find out if you have a valid personal injury lawsuit is to seek the legal counsel and guidance of a personal injury attorney.

Did You Suffer a Personal Injury?

In order to recover monetary compensation for a personal injury, you must prove three things. The first of which is whether you suffered a personal injury and clearly defined harm occurred. A personal injury is an injury to your body, mind, or emotions. In other words, a personal injury can be either physical or psychological.

If you broke your arm or sustained a concussion after slipping and falling in a department store, you have suffered a personal injury. If you experience severe anxiety, insomnia, or depression after a traumatic car accident, you have suffered a personal injury. With only a few narrow exceptions, personal injury lawsuits require the harm element. In most cases, that harm must be provable. Emotional distress is one of the hardest forms of harm to prove.

Were Your Injuries Caused by The Negligence of Another Person or Entity?

In order to have a viable personal injury case, your personal injury or injuries must have been caused by the negligence of another person or entity. The legal definition of negligence, according to Cornell Law, is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same prudence.” In other words, negligence occurs when a person causes emotional or physical harm to another through their actions, or sometimes through their inactions.

Generally speaking, when a person or entity acts in a careless manner and causes injury to someone else, the careless person or entity will usually be legally responsible or (“liable”) for their injury or injuries and any other resulting harms under the legal principle of “negligence.”

Do You Have Recoverable Damages?

The final thing you must prove to have grounds for a personal injury case is that the personal injury that you suffered led directly to personal or financial harms that can be remedied by money damages. Damages is the legal term for a sum of money awarded to an injured person to compensate for his or her injuries and other losses.

If you can establish that another person or entity acted negligently, the court may award you, or an insurance company may agree to voluntarily pay you a sum of money that takes into account all of the losses caused by the injury or injuries you sustained. Some of these damages are economic, such as medical bills and lost wages. Others are noneconomic, such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate. However, you can consult with an experienced personal injury lawyer from Chicago Injury Legal at The Romaker Law Firm to make reasonable estimates.

Injured? Call Chicago Injury Legal at The Romaker Law Firm Today!

Personal injuries happen every day, whether or not you have a valid personal injury case depends on state laws regarding the kind of accident, the location, and other factors including the ones above. You may need to consult with an experienced personal injury lawyer to fully understand your legal rights and remedies. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

What to Expect During Deposition & Discovery

Deposition & Discovery

During the personal injury case process, all named parties have the right to conduct discovery, which is a formal investigation, to find out more about the case. Pre-trial access to this information allows the parties to use facts and potential evidence to better define their strategies and avoid delays once the trial begins. In some cases, what’s learned during discovery might even help the opposing sides come to a settlement without having to go to trial at all. Discovery can come in a number of different forms, with the most common being subpoenas for relevant documents, interrogatories (written questions), and depositions–the taking of an oral statement of a witness before trial, under oath.

Depositions are a great opportunity for each party to collect information before they appear in court. The most desired witnesses are frequently of the opposite party. Typically, an attorney performs the deposition, and a court reporter is present to transcribe the event. Some depositions are even videotaped. If the case does go to trial, the deposition of a witness can be used during trial if they’re not available to testify in court.

What to Expect of a Deposition

Unlike the information recorded in documents or the attorneys’ answers to interrogatories, a deposition involves a living, breathing witness being asked questions about the case. The deposition has two purposes: To find out what the witness knows and to preserve that witness’ testimony. A deposition typically takes place at the office of the attorney, court reporter, or the deponent. Both defending and prosecuting attorneys, witnesses, and a court reporter are present.

The witnesses or victims, also called “deponents” during a deposition, swear an oath to answer questions honestly. The court reporter will record the entire deposition, and will later transcribe the session for each party to reference in preparation for both trial and examination of witnesses.

Before questions begin, the deponents are informed of rules to follow during the deposition. Following this, the attorneys begin to question the deponents. This is called a direct examination. Direct examination proceeds in a question-and-answer format similar to what occurs with witnesses at trial; there is, however, no judge present at a deposition to rule on evidentiary objections. Yet, either party may object to a question throughout the deposition.

The attorneys will ask questions about the accident or the event to fully understand the witness’ perspective and recollection of the accident. A deponent’s task here is to answer questions simply, truthfully and straightforwardly throughout the entire deposition. A deponent is allowed to modify his or her answers in review; however, the opposing attorney will make note of that during the examination in a trial. After the deposition is complete, the court reporter will process a transcription of the session and provide documents for both parties.

A deposition is an opportunity for understanding the case better and not solely about getting favorable testimony. If, for example, a witness’ version of events would undermine your case, that’s something you’d need to know about long before trial, since the last thing you’d want is to be caught off-guard by hearing damaging testimony for the first time when that witness takes the stand. Depositions are extremely important in working up a case in preparation for either trial or settlement.

Is a Deposition Needed In My Case?

Whether a deposition is needed depends on the unique facts and circumstances of each case. Cases that involve only legal, not factual, issues usually do not require depositions since witness testimony and other evidence is not relevant to these decisions. In many lawsuits, however, depositions play an important role in painting a complete picture of the events in question.

Injured? Call Chicago Injury Legal at The Romaker Law Firm Today!

At Chicago Injury Legal at The Romaker Law Firm, we have clients who are going to be deposed, we always meet beforehand to prep them and answer any questions they may have before the deposition. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-377-7000 today!

5 Most Common Personal Injury Claims & Cases

 

Millions of lawsuits are filed in the United States each year, approximately 700,000 of those are personal injury cases. Personal injury claims arise when a person is injured due to the careless, negligent or reckless acts of another party. Claims are nothing more than an open issue between a victim and a perpetrator; cases, on the other hand, are claims that do not meet resolution, and actually have a lawsuit filed.

Personal injury claims can run the gamut from dog bites to traumatic brain injuries. In almost every case though, if someone or something is responsible for their injury, they may be entitled to compensation in order to be made whole again. Each type of personal injury claim requires its own set of legal procedures and processes. When looking for assistance, hire a personal injury attorney who has experience in your particular type of personal injury claim.

Below are the 5 most common types of  Personal Injury Claims and Cases and some background on each one.

Car Accidents

There are approximately six million automobile accidents per year in the United States, making them the number one type of personal injury case in the United States today. Auto accidents can occur as the result of many factors. If you have been injured in a wreck that was not your fault, you may be eligible for compensation.

Common causes of vehicle accidents include:

  • Distracted drivers
  • Excessive speed
  • Driver fatigue
  • Alcohol and drugs
  • Road conditions
  • Reckless driving
  • Disobeying traffic signals and laws
  • Design defects
  • Road rage

Work Related Injuries

Work-related injuries regularly result in personal injury claims. When an employee sustains an injury at work or develops an illness related to work conditions, a worker’s compensation claim should be filed. Your employer is legally responsible for ensuring a safe and healthy work environment.

Understanding your responsibilities during a worker’s comp claim will help increase your chances of being compensated for your losses. Be sure to see a doctor immediately after any workplace-related injury so you have documentation of all physical damages. An experienced warrior personal injury attorney will be able to help you navigate through your worker’s compensation claim and get you the maximum compensation you deserve.

Medical Malpractice

To file a medical malpractice claim, you must be able to prove that the doctor or hospital in question violated the reasonable standard of care owed to you and that you were harmed as a result of that violation. Medical malpractice almost always requires the hiring of medical experts willing to testify that negligence occurred. Your warrior personal injury lawyer will help you evaluate your accident and injuries and hire the correct expert witnesses to help win your case.

Slip and Fall Claims

The National Safety Council reports that in 2007, slip and fall accidents accounted for the death of over 20,000 Americans, and contributed to over 7 million injuries.  One of the reasons why this type of personal injury is so common is that it can happen just about anywhere, the supermarket, the mall, at work, even at home.  Also, the older a person is, the more susceptible they become to a slip and fall type injury.  Slip and falls can be especially damaging to the spine, neck, head, or hips.

Product Liability

Defective or dangerous products cause thousands of injuries every year. The law requires that manufacturers and sellers meet the ordinary expectations of the consumer concerning function and safety. Product liability claims are made against the manufacturers and distributors of a defective or damaged product.

Product liability may also cover manufacturing defects, like a hairdryer motor that overheats, causing you to burn yourself or marketing defects such as inadequate safety warnings or improper labeling. Product liability claims are unique in that they shift the burden of proof from the plaintiff to the defendant. In other words, you do not have to prove that a manufacturer is guilty of negligence, they have to prove that they were not negligent.

Personal Injury Have You Down? Call Chicago Injury Legal at The Romaker Law Firm!

Dealing with a personal injury case is difficult enough. You need a lawyer on your side who can handle your case with confidence, compassion, and that will litigate as aggressively as needed to win your case. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-800-8800 today!

 

How Liability is Determined in a Personal Injury Case

 

Let’s say you are driving home from work after a long week. You are about a block from your house waiting at a stop sign, when out of nowhere a pickup truck rear ends your stopped vehicle at an excessive speed. After the initial shock wears off you call the cops and even though you don’t feel like you have a major injury you seek medical attention. Your car, which is the family car, is now totaled and you have no idea what to do next. Who will pay? Who is at fault? Who is liable for this accident?

What is Liability?

By law, every person is assumed to be responsible for their actions. The law also assumes that each of us has the responsibility to act in a way that does not cause an injury to others. This is sometimes referred to as owing a duty not to cause injury. If someone fails in a duty, and an injury occurs, then that person is said to be liable for the injury.

Notice that there must be an injury or some other loss. If there is no injury or loss, then there is no liability for damages. The mere fact that a danger exists, in the absence of a loss or injury, is not grounds for a personal injury lawsuit.

Negligence, Fault, and Liability

The large majority of personal injury cases arise because one or more parties acted negligently. Negligence is essentially conduct that falls below the standard of care expected of a reasonable person or causes harm to another person. Negligence may be an accidental lapse or it can be a deliberate act; fault is usually defined as either a direct or indirect cause of some event.

In a legal sense, liability is used to identify the party that is deemed to have caused an injury to another. Although not always the case, fault and liability are often the same.

Who is Liable in a Personal Injury Case?

One of the first steps in a personal injury case is establishing the liable party, that is, who is responsible for the accident and/or injury. The question of liability is important to a personal injury case because the liable party is the party responsible for paying compensation (called “damages”) to the injured party.

In many cases, an admission of responsibility by one party will be sufficient to establish liability, while other cases may require that a jury hear the evidence presented by all parties to a case before liability can be assigned. Such an investigation typically involves collecting physical evidence, interviewing involved parties, and even hiring and consulting with experts. Common evidence used to prove fault in injury claims includes police reports, statements made by the parties, and documents/records kept by the parties.

In most personal injury cases, the injured party relies on the legal concept of “negligence” to establish another person’s fault for the underlying accident. Fundamentally, negligence cannot be defended, meaning that proof of negligence is all that is needed to establish fault and thus liability. Since the law assumes that a reasonable and careful person would not be negligent, an act that is attributed to negligence is sufficient to establish fault.  In the example above, if the pickup truck driver that struck you was found to be driving reckless, which is almost always a vehicle code violation, he would likely be found liable for the accident and liability will likely be established using negligence.

Car Accident? Call Chicago Injury Legal at The Romaker Law Firm!

The time immediately after an accident is always the most stressful. It is always a good idea to talk with an experienced personal injury lawyer before discussing an accident case with anyone. With over 25 years of experience and a bilingual staff, Chicago Injury Legal at The Romaker Law Firm is dedicated to providing you with the aggressive legal representation you need. We provide an initial consultation free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences.

Contact Chicago Injury Legal at The Romaker Law Firm at 312-800-8800 today!

 

What Are “Damages” in a Personal Injury Case?

 

What Are Damages in a Personal Injury Case?

In a personal injury case, you collect financial compensation or “damages” from the at-fault party if your case is successful. The goal is to best put the injured person back into the position he or she would have been in if he had the injury not occurred. The precise amount of a personal injury damage award is determined by a jury on a case-by-case basis. If the award is excessive or deficient, a court may review the award and increase or decrease the final amount without a new trial or appeal.

A personal injury damage award may include two types of damages: compensatory damages and punitive damages.

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as “compensatory,” meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. There are many different types of compensatory damages but broadly speaking, they are broken down into general or special damages.

Special damages

Special damages compensate the plaintiff for monetary expenses incurred because of an injury. They are unique to the individual victim and vary significantly from one case to the next. An award of special damages should make a victim “whole” again from the expenses they incurred or for money lost due to the incident or accident that caused their injuries. Special damages cover any expense or loss related to the injury, and there is no limit to the types of special damage claims that can be made, or to the amount an injured party can claim. Some of the more common types of special damages are:

  • Loss of earnings
  • Loss of future earnings
  • Medical bills
  • Cost of future medical care
  • Household expenses, and
  • Costs associated with canceled trips or altered plans

General Damages

General damages are in place to compensate the victim for the noneconomic loss such as emotional distress, and pain and suffering. These losses are generally difficult to calculate, as there is no true economic value that can be placed on the amount of distress one suffered. All personal injury victims are expected to have at least some general damages. The most common types of general damages are:

  • Pain and suffering
  • Mental anguish, and
  • Loss of consortium or companionship

Punitive Damages in Personal Injury Cases

Punitive damages are awarded in personal injury cases as a way to punish the defendant for especially egregious conduct in causing the accident that resulted in injury. This type of damages is typically only awarded in cases involving gross negligence or reckless conduct by the defendant. Punitive damages differ from the general and specific damages because rather than making the plaintiff whole, the punitive damages are put in place as a deterrent and warning to the defendant.

Injured? Call Chicago Injury Legal at The Romaker Law Firm!

If you have experienced any of these types of losses due to an injury, you could potentially claim damage against the plaintiff. To know if your case qualifies, call Chicago Injury Legal at The Romaker Law Firm to set up a confidential consultation. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if we win your case! Injuries cause extra stress on everyday life and you shouldn’t have to live with the unfair consequences. Contact Chicago Injury Legal at The Romaker Law Firm at 312-800-8800 today, so we can help you maximize the damages in your case!