325 Washington St., Suite 302, Waukegan, IL 60085
Search
Salvi & Maher, L.L.C.

Call Us847-662-3303

Facebook Twitter LinkedIn Youtube

Hablamos Español

Subscribe to this list via RSS Blog posts tagged in Waukegan personal injury attorney

IL accident lawyerIt is an unfortunate reality that many people choose to drive under the influence of alcohol and other drugs, putting themselves and others at risk of serious injury or death. While this problem is more prevalent among drivers of passenger vehicles on their personal time, some commercial truck drivers also operate under the influence while they are on the job. Accidents involving drunk truck drivers can have especially dire consequences, as their large vehicles are capable of causing extensive damage. If you or a loved one was injured by an intoxicated truck driver, it is important to ensure that you are compensated fairly.

Gathering Evidence of a Truck Driver’s Negligence

Truck driver intoxication can happen due to alcohol consumption, the use of illegal drugs, or the abuse of prescription medication. In many cases, it is possible for accident victims to access evidence establishing these various forms of intoxication in order to bolster their claim for compensation. However, it is important to act quickly.

You should call the police immediately after a crash so that they can create an accident report. If law enforcement suspects that the truck driver is intoxicated, they may also ask the driver to submit to a preliminary breath test at the scene of the accident, which can detect the presence of alcohol in their bloodstream. An officer may also arrest a truck driver on DUI charges, after which the driver is required to submit to chemical testing which can detect other controlled substances. An experienced attorney can help you work with law enforcement to access police reports and test results to use as evidence to demonstrate negligence in your personal injury case.

...

IL accident lawyerPersonal injury law deals with injuries and deaths caused by another party's illegal, reckless, or negligent actions. The party liable for an injury may be an individual, a commercial business, the owner or occupier of the property on which the injury occurred, or even a government entity. Personal injury lawsuits can be an effective way to hold a party accountable for the harm caused by negligence or wrongdoing. It may also serve as a means of financial recovery for the claimant. Personal injury claims are also subject to critical deadlines and rules – many of which are often overlooked.

Key Considerations if You Wish to File a Personal Injury Lawsuit

Many misunderstandings and myths are surrounding personal injury law. If another party harmed you or a loved one and you are interested in seeking compensation for damages, it is essential to keep the following considerations in mind:

  • You only have a certain amount of time to file a lawsuit. Personal injury lawsuits are subject to time restrictions called statutes of limitations. In Illinois, the statute of limitations for wrongful death and personal injury cases is two years. Once two years have passed, you lose your option to sue.
  • Key evidence may be lost or destroyed if you do not act quickly. It is also essential to get started on your case as soon as possible because many forms of evidence are time-sensitive. Evidence may be lost – intentionally or unintentionally – soon after an injury or death. Your attorney can send an anti-spoliation letter that prohibits the defendant from destroying or "losing" evidence relevant to your case.
  • Most cases are settled before trial. Some people assume that filing a lawsuit is the same thing as going to trial. On the contrary, most personal injury cases are resolved through negotiations before trial. This is why it is important to hire an attorney with solid negotiation skills and a history of getting high-dollar settlements for clients.
  • You might be entitled to compensation even if you contributed to the injury. Illinois follows a legal doctrine called "modified comparative negligence." You might be entitled to monetary damages even if you contributed to your injury. For example, if you were speeding when a drunk driver struck you, you may still recoup a significant portion of your losses.
  • Most personal injury cases are taken on a contingency fee basis. Many people assume that they cannot afford to retain a quality attorney. Fortunately, most personal injury cases are taken on a contingency fee basis. This means that legal fees are taken from the settlement or award that the claimant receives at the end of the case.

Contact a Lake County Personal Injury Lawyer

If you or a loved one were hurt in a car accident, pedestrian accident, or another incident caused by the negligent actions of another party, contact Salvi & Maher, L.L.C. for a free consultation. Our Waukegan personal injury attorneys can help you pursue compensation. Call 847-662-3303 today.

...

IL injury lawyerPersonal injury claims are used to pursue financial compensation for losses caused by an injury. Nearly any type of injury may be the basis of a personal injury claim, but severe injuries typically result in higher settlements and awards. If you or a loved one have suffered an injury that resulted in a permanent disability, you may be able to seek monetary damages through a personal injury claim.

Understanding When a Successful Personal Injury Claim is Possible

A personal injury claim is a civil claim that may be based on either “negligence” or recklessness or intentional wrongdoing. There are four main components in any personal injury claim based on negligence:

  • Duty – The defendant, meaning the person or entity from whom you are seeking compensation, owed a duty of care. This could be a driver’s duty to drive cautiously, a manufacturing company’s duty to prevent dangerous product defects, a property owner’s duty to maintain a safe property, or another type of duty.
  • Breach of duty – The defendant breached the duty by failing to act as a reasonably cautious person would act.
  • Injuries – The plaintiff suffered injuries because of the plaintiff’s actions.
  • Damages – The plaintiff suffered damages. Damages include the direct financial consequences of the action such as lost wages and medical expenses as well as non-economic damages like pain and suffering.

A personal injury lawyer can help you determine if each of these elements is present in your case.

...

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.

...

IL injury lawyerDid you know that over 80 percent of homicides and 37 percent of assaults are committed by people under the influence of alcohol? Alcohol is thought to increase impulsive and aggressive behaviors because of the substance’s effect on the brain mechanisms that typically inhibit these behaviors. It is no surprise then that physical altercations are common in bars, restaurants, nightclubs, and other establishments that serve alcohol. If you or a loved one were injured in a bar fight or another physical altercation while in a commercial establishment, it is important to know your rights. You may be entitled to compensation for your pain and suffering, medical bills, and other damages.

Personal Injury Claims Involving Assault and Battery

Most victims of assault and battery know that the aggressor can face criminal charges for his or her violent conduct. Fewer realize that they may have the option of bringing a civil claim for damages in addition to the criminal charges. If somebody attacked you in a bar or other commercial establishment or you were injured by other patrons who were fighting each other, you may have several legal avenues for pursuing compensation for your damages. You may be able to bring a personal injury claim directly against the individual who hurt you. You may also be able to bring a premises liability claim against the establishment itself.

Premises Liability Claim for Lack of Security

Premises liability deals with the duties that property owners have to individuals visiting their properties. Bar and nightclub owners have a legal duty to maintain reasonably safe premises and prevent avoidable injuries. This includes implementing adequate security measures. If a property owner’s failure to maintain reasonably safe premises results in a patron’s injury or death, the property owner may be liable for damages. However, determining what constitutes “reasonably safe” is not easy. Typically, premises liability claims come down to the foreseeability of the injury. If a bar or nightclub has a known problem with customers becoming physically violent and the property owner does not take steps to increase security measures, the property owner may be considered negligent.

...
Avvo Elite Lawyer 10 Best 2016 ASLA 2017 Nation's Top One Percent American Justice Institute Top 10 Chicago Bar Association DuPage County Bar Association Illinois State Bar Association Kane County Bar Association Illinois Trial Lawyers Association Lake County Bar Association McHenry County Bar Association Workers Compensation Lawyers Association Martindale Hubbell 2018 Martindale Hubbell 2018
Back to Top