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Salvi & Maher, L.L.C.

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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 accident lawyerWhen discussing the rights of those injured in auto accidents, we are often talking about injured drivers. However, passengers may sustain injuries that are just as severe if not more severe than drivers in a major collision. If you or a loved one were a passenger in a car accident, you may have questions about your rights. You may be facing significant medical expenses and other costs because of the accident and are curious about your options for seeking compensation. Personal injury claims involving injured passengers require the same basic elements as a case involving driver injuries but there may be additional considerations to think about.

When Do I Have a Claim?

A successful personal injury claim can enable someone to recover financial compensation for their medical bills, future medical costs, lost wages from missed work, pain and suffering, and other damages. However, to be awarded a personal injury settlement or award, you and your lawyer will need to show that four main components are present:

  • You were owed a duty of care.
  • The at-fault party breached the duty of care.
  • You sustained injuries in the accident.
  • Your injuries led to “damages” or financial losses.

How Can Liability or Fault Influence My Case?

Car accidents are most often caused by driver negligence. Drunk driving, distracted driving, fatigued driving, speeding, and many other forms of negligent driving may have led to your accident. However, liability may also lie with a manufacturer of defective vehicle parts, the government entity that failed to maintain the road, a trucking company, or several other parties. Liability may also be shared by more than one party.

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IL injury lawyerA traumatic brain injury (TBI) occurs when the brain is damaged in some way. The brain injury may be caused by the brain striking the inside of the sufferer’s skull during a forceful impact or it may be caused by an object penetrating the skull and coming into contact with brain tissue. The medical consequences of a traumatic brain injury vary significantly. A person may sustain a minor concussion and not even be aware of it. On the other end of the spectrum, a severe traumatic brain injury can cause lifelong disability. If you or a loved one suffered a TBI, you may have questions about your legal rights. You may wonder if you will be entitled to financial compensation for your injury, and if so, how much compensation you could receive.

The Severity of TBI Symptoms Can Affect the Amount of Damages You May Receive

The brain is responsible for controlling the majority of bodily functions. Traumatic brain injuries are unique in that they can cause physical, cognitive, and psychological consequences. TBI sufferers may experience symptoms including:

  • Headache
  • Confusion
  • Vomiting
  • Fatigue
  • Paralysis
  • Slurred speech and difficulty speaking or understanding speech
  • Difficulty swallowing
  • Body numbness or tingling
  • Facial muscle weakness
  • Loss of bowel and bladder control
  • Ringing in the ears and other hearing problems
  • Vision problems including double vision, blurred vision, sensitivity to light, loss of eye movement, and even blindness
  • Dizziness and problems with balance
  • Difficulty breathing and slowed breathing rate
  • Altered heart rate
  • Cognitive difficulties
  • Atypical emotional responses
  • Memory problems
  • Behavior changes

Typically, the more severe the TBI symptoms and the greater impact the symptoms have on your daily life, the more compensation you may be entitled to via a personal injury claim. You could be compensated for your past and future medical expenses, lost wages, impairment to your income earning capacity, pain and suffering, and more.

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IL injury lawyerWhen most people think about car accidents, they picture accidents that occur on highways and roads. However, many car accidents occur in parking lots. Motorists in parking lots are often traveling at lower speeds than they would on the road, but serious and even deadly parking lot accidents still occur. If you or a loved one were hurt in a parking lot accident, you may be eligible for compensation through a personal injury claim.

Liability for a Parking Lot Collision

A parking lot accident can leave an injured person with expensive medical bills, vehicle damage, and other costs. Before you can seek compensation for a parking lot accident, you and your attorney will need to establish how the accident occurred and who is at fault. Liability for a parking lot accident claim can fall to a number of parties. Often, another driver is at fault. However, if the parking lot accident was caused or exacerbated by defects with the parking lot itself, the owner of the parking lot may also be liable. It is also possible that the injured person shares fault for the accident. Fortunately, Illinois is modified comparative negligence state. This means that you may still be entitled to compensation for an accident even if you contributed to the accident. As long as you are not more than 51 percent at fault, you may still be able to recover partial damages.

Proving the Elements Needed to Win Your Claim

There are four main elements in a parking lot accident claim. First is that the defendant owed a duty of care. All drivers have a duty to watch out for pedestrians, yield the right-of-way when appropriate, and drive in a safe, responsible manner. The second element is the breach of duty. Next is causation. You and your attorney will need to show that the defendant’s actions caused your injuries. Finally, you will need to show that you sustained damages. Damages may include vehicle damage, medical bills, lost income from missed work, and more. Evidence such as security camera footage, police reports, eyewitness statements, and medical records are often used to establish each of these elements in a personal injury claim.

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IL injur lawyerAs a parent, you probably spend a considerable amount of time worrying about your child’s safety. You have probably reminded your child to look both ways before crossing the street, buckle up in the car, or wear his or her bike helmet more times than you can even count. Unfortunately, sometimes, the greatest safety issue in a child’s life is within their own home. Defective toys cause thousands of injuries and deaths each year in the United States. If your child was injured because of a faulty or malfunctioning toy, you may have a valid product liability claim.

Liability for Unsafe Toys

The companies that design and manufacture children’s products are held to high standards when it comes to safety. Nevertheless, U.S. emergency rooms treated approximately 226,1000 toy-related injuries in 2018 alone. Tragically, some of these toy-related injuries were fatal. Some of the most common injuries caused by toys include:

  • Airway obstruction
  • Suffocation
  • Fractures
  • Burns
  • Puncture wounds
  • Contusions and lacerations
  • Poisoning
  • Drowning
  • Battery ingestion
  • Electrocution

Nonmotorized scooters, balls, balloons, toy vehicles, toy weapons, building sets, dolls, and many other types of toys have been associated with child injuries.

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