According to the Centers for Disease Control and Prevention (CDC), More than 4,000 young people pass away every year from complications caused by excessive drinking. It is against the law for people under age 21 to purchase alcohol, but it is estimated that 11 percent of the alcohol consumed in the United States is consumed by underage individuals. Underage drinking can have horrific, life-altering consequences—not only for the drinker but for others as well. Young people who do not know how intoxicated they really are may get into catastrophic car accidents that result in serious injuries and death. For all of these reasons, Illinois passed a measure called the Drug or Alcohol Impaired Minor Responsibility Act. According to the act, adults who allow underage individuals to drink may be liable for injuries or deaths caused by drunk driving accidents or by the drinking itself.

Death of Young Girl Prompts Illinois Law

The Drug or Alcohol Impaired Minor Responsibility Act, or “social host liability act” was enacted in 2004 in response to the death of a young Illinois woman. The 16-year-old was at a friend’s house when she was encouraged by her friends and their father to drink an extreme amount of liquor. According to court documents, her friends, who were 18 and 21 years old at the time, offered her money if she could drink an entire bottle of liquor without losing consciousness or vomiting. The teenager drank the bottle and then became unresponsive.

Although the friends and their father were aware of the teenager’s condition, they did not immediately take her to the hospital for medical treatment. She eventually received medical care, but because treatment was so delayed, she passed away from alcohol poisoning.  The mother of the young girl killed by binge drinking brought a wrongful death claim against the family that encouraged her to drink to excess. However, the circuit court of Cook County dismissed the case. As a response, the Illinois state legislature passed the law now referred to as the social host law.

Illinois is known for its icy, windy, and often snow-covered winters. When spring finally arrives, many people are eager to get back to the warm-weather activities they love. For motorcycle enthusiasts, little compares to the excitement of the first ride of the season. Unfortunately, riding a motorcycle can be a risky mode of transportation. Because the vehicle offers virtually no protection to the rider in the event of an accident, many motorcycle accidents result in catastrophic injuries or death. Just under 5,000 riders lost their lives in fatal motorcycle accidents in 2018 alone. If your loved one passed away in a motorcycle accident caused by a negligent party, you may be entitled to compensation through a wrongful death lawsuit.

When is a Motorcyclist’s Death Considered a “Wrongful Death?”

There are two criteria in Illinois law regarding wrongful deaths. A death is considered wrongful when:

• The death was caused by “wrongful act, neglect or default” and
• If the deceased person would have survived his or her injuries, he or she would have been entitled to bring an action to recover damages

Wrongful deaths are often caused by the negligent actions of another party. A motorcycle accident may be caused by negligent motorist who is driving under the influence of alcohol or drugs, texting and driving, driving in a dangerous or reckless manner, or violating traffic laws. It is also possible that fault for the accident lies with a company such as the company that manufactured the motorcycle or constituent motorcycle parts. Because so many different factors can contribute to the severity of a traffic accident, determining fault for a fatal motorcycle accident can be a highly complex process. Therefore, legal guidance from a wrongful death attorney experienced in motorcycle accident cases is essential.  

Electric scooters can be fun, cost-effective means of travelling. Unfortunately, these scooters can also be dangerous for both scooter riders and other people. Since electric scooters started increasing in popularity, emergency rooms have seen more and more scooter-related injuries. Scooters that are used improperly or left in walkways or sidewalks can be a hazard for pedestrians, bicyclists, and motorists. If you have been injured because of a negligent scooter driver, you may be curious as to whether you can bring a personal injury claim for damages. Liability for scooter-related accidents can be tricky, so it is important to consult with an experienced personal injury attorney to get the help you need.

Scooters Can Cause Serious Injuries to Non-Riders

Ten e-scooter vendors distributed scooters throughout Chicago last summer as part of a pilot program. A survey was conducted to learn residents’ opinions about the influx of scooters. While 84 percent of scooter riders supported continuing the program, interestingly, only 21 percent of non-riders wanted the program to continue.

Although the survey respondents did not have the opportunity to list reasons for their opinions, it is very possible that many individuals opposed to the scooter program have concerns about the scooters being a hazard on roads and sidewalks. Unfortunately, some scooter drivers do not take this obligation seriously and drive in an irresponsible or reckless manner. Scooter drivers may also leave scooters in walkways where they present a falling hazard to pedestrians or bicyclists.

 Traumatic brain injuries (TBI) often occur when an incident such as a car accident or fall causes the head to be struck or violently shaken. TBIs can also be the result of an object penetrating the skull and damaging brain tissue. A traumatic brain injury can cause significant, long term pain and suffering. The injured person may experience symptoms that dramatically reduce his or her ability to work or even enjoy life. He or she may need expensive medical care and rehabilitation. In some cases, a personal injury lawsuit may help a person recover compensation for medical expenses and other financial losses incurred by a TBI.

Concussions and Mild Traumatic Brain Injuries

TBIs can vary dramatically in severity. The mildest form of TBI is a concussion. If you have a concussion you may experience dizziness, headache, double vision, nausea or vomiting, light and noise sensitivity, confusion, or balance problems. While the symptoms of a concussion are often temporary and do not cause long-term health complications, some people develop a condition called post-concussion syndrome (PCS). Individuals who have experienced head trauma in the past may be more likely to develop this syndrome. PCS can cause anxiety, irritability, depressed mood, and problems with concentration and memory. An individual with PCS may also experience long-term headaches, dizziness, and trouble sleeping. These symptoms can dramatically interfere with the person’s day-to-day life and may last weeks or months after the injury.

Symptoms of a Moderate to Severe Traumatic Brain Injury

Physical violence, motorcycle accidents, pedestrian accidents, falls from heights, sports, and many other situations may lead to a severe traumatic brain injury. In addition to the symptoms experienced by mild TBI sufferers, a person with a severe TBI may also experience significant loss of consciousness, seizures, inability to awaken from sleep, loss of coordination, and weakness or numbness. Cognitive symptoms such as confusion and agitation can be extreme enough that a sufferer may act noticeably different than he or she normally does. Complications from a moderate to severe TBI can include hydrocephalus or fluid buildup in the brain, blood vessel damage leading to a stroke or blood clot, paralysis and loss of sensation in the face, and problems with communication and executive functioning.

The death of a close family member is heartbreaking regardless of the circumstances surrounding the death. However, when a loved one is killed due to the negligent, careless, or intentional acts of another party, the loss can be even more tragic. Not only do surviving loved ones have to deal with their personal loss, they must also manage the financial loss caused by the death. Fortunately, surviving family members of the deceased may be entitled to compensation for their losses through a wrongful death claim.

When is a Person’s Death Considered a Wrongful Death?

Not every unexpected death is considered a wrongful death. The Illinois Wrongful Death Act states that a wrongful death is a death caused by “wrongful act, neglect, or default.” If the deceased person, should he or she have survived his or her injuries, would have been able to pursue damages through a personal injury lawsuit, then the representative of the deceased person is permitted to pursue damages through a wrongful death lawsuit. There are almost countless situations that may lead to a wrongful death claim.

Wrongful deaths may be caused by: