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IL injury lawyerMost parents vividly remember the first day that their child went to school. Placing your child in the hands of teachers and other school staff and trusting them to keep your child safe is no easy task. Unfortunately, serious injuries and even deaths do occur in school. In some cases, a child’s injury is directly caused by the school’s negligence or even the intentional acts of a teacher or other staff member. If your child was injured in a school bus accident, playground accident, or another incident at school, it is important to know your rights. You may be able to hold the school or other at-fault party answerable for your child’s injury and recover damages via a personal injury claim.

Determining Liability in Personal Injury Lawsuits for School Injuries

Children are often rambunctious, energetic, and prone to injuries. However, when a child’s preventable injury is caused by the negligent or wrongful acts of another party, that party should be held accountable. A personal injury lawsuit may be used to hold a school liable for intentional abuse or injuries caused by the school’s negligence or carelessness.

However, determining whether the school or another party is liable is often one of the most challenging parts of a personal injury case. For example, a school bus accident may be caused by negligent driving, poor bus maintenance, or another driver. The school may have acted negligently by hiring a bus driver who was unqualified for the position or was not trained properly. A playground accident may be caused by inadequate staff supervision or it may be the fault of the party who incorrectly manufactured or assembled the playground equipment. A personal injury attorney with experience handling cases involving child injuries at school can help you determine what party or parties are liable for your child’s injury.

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IL accident lawyerProperty owners and possessors have a duty of care to keep their property reasonably safe for invited guests to the property. This includes properly maintaining the property, taking reasonable steps to remove environmental hazards, and providing adequate security. When a property owner or possessor fails to uphold his or her duty to maintain a safe property and someone is injured or killed as a result, a premises liability claim can help the injured person or surviving family members recover compensation. Although many people typically think of things like broken staircases or wet floors when they think about premises liability, inadequate security can also lead to a premises liability claim.

Insufficient Building Security Can Lead to Injuries

Understandably, property owners cannot be held responsible for acts of violence that are unforeseeable. However, when a person is injured in an attack and that attack could have been prevented through better security, the property owner may be considered negligent.

For example, imagine the following scenario: A hotel owner is notified that many of the locks on the hotel doors do not actually work. However, he ignores the problem and continues to rent the rooms with defective locks to hotel guests. A guest is sexually assaulted when an attacker easily gains entry into her hotel room. In this scenario, the owner who failed to maintain adequate security could be held liable for the woman’s damages.

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IL injury lawyerPersonal injury claims are used to pursue compensation for a person who has been injured due to the wrongful or negligent actions of another party. The other party may be an individual or it may be an organization such as a manufacturing company or business. The term “damages” is used to describe the harm for which a personal injury plaintiff receives compensation. In some cases, additional compensation called “punitive damages” is awarded.

Reckless Indifference to a Risk of Harm

Typical damages in a personal injury claim include medical expenses, lost income, reduced future earning capacity, and pain and suffering. Punitive damages are above and beyond compensatory damages and are intended to punish the at-fault party for behavior that is especially reprehensible. Illinois law states that a plaintiff may be awarded punitive damages if he or she can prove that the defendant’s actions were with “evil motive” or reckless disregard for the safety of others. Punitive damages are referred to as “exemplary” damages because they are designed to “make an example” out of the defendant and discourage other parties from acting similarly.

Obtaining Punitive Damages in an Injury Claim

Punitive damages are not recoverable under the Illinois Wrongful Death Act or in medical malpractice cases. However, punitive damages may be available in cases involving product liability, car accidents, premises liability such as “slip and fall” injuries, and other types of injuries. In order to obtain punitive damages, your attorney will need to show “clear and convincing” evidence that proves the egregiousness of the defendant’s actions. The court will consider factors including the duration and frequency of the plaintiff’s misconduct, the type of harm suffered by the plaintiff, whether the defendant attempted to conceal the reckless or dangerous behavior, and the overall facts of the case. In Illinois, the amount of money that may be awarded in the form of punitive damages cannot exceed three times the amount of compensation awarded for economic damages.

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Waukegan Personal Injury Law Firm

Being in a car wreck can be extremely traumatic, even if you did not sustain severe physical injuries yourself. If you witnessed a death or saw severely injured people being pulled from crushed vehicles, you could be at risk of developing emotional disorders such as anxiety or posttraumatic stress disorder (PTSD). You could also suffer psychological aftereffects from the nature of the collision itself, such as one involving multiple vehicles, fires, or rollovers. 

Many People Suffer from PTSD After a Car Accident

A study released in 2018 found that roughly one in five survivors of roadway traffic accidents suffered from PTSD. Females and people whose education stopped short of a college degree were more likely than others to develop PTSD. 

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Lake County Boating Accident Attorney

Thanks to their proximity to Lake Michigan and the Chain O’Lakes, Lake County residents have many opportunities to get out on the water and enjoy activities such as waterskiing, jet skiing, fishing, and just floating leisurely, Unfortunately, the more crowded a lake becomes, the higher the chance of a collision and injuries. If you are injured in a boat accident, the first thing you need to determine is whether the boat operator acted negligently or carelessly. If so, you can file a claim for compensation for your injuries, known as a personal injury lawsuit

Negligence in Private Boat Accidents

Some ways a private boat operator might be deemed negligent for an accident on the water include:

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