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Lake County Personal Injury Law Blog

Families can sue for nursing home neglect

Families of Illinois nursing home residents will now have more legal recourse if they suspect nursing home neglect. Previously, nursing homes were allowed to include arbitration clauses in their contracts so that families could not sue them for neglect. Now, a family that accuses a nursing home of neglect might be able to make the case public and pursue compensation for damages through the court system, due to a rule enacted by the Centers for Medicare and Medicaid Services.

To avoid nursing home neglect, a family that decides to put their elderly family member in a long-term care facility should never act hastily. Hospital staff will sometimes rush family members into choosing a nursing home for an elderly patient because they want the patient to be discharged quickly. However, it is important that a family takes the time to check ratings, read reviews, speak to residents and tour facilities before choosing a nursing home.

How does a court determine damages in a wrongful death case?

The death of a loved one in an accident can be traumatizing, but it is important to understand the facts of a case before thinking about possible legal action. Illinois law should be considered to ensure that the actual elements needed for this type of litigation exist in the case. Although each state may differ in specific requirements, there are several common matters that are essential when filing a lawsuit.

In order win wrongful death claim, it must be shown that negligence or intentional behavior has caused the incident leading to the death. Additionally, there must be a pecuniary loss on the part of at least one family member of the decedent. Pecuniary losses could include the medical and burial costs resulting from the incident in question. They could also include lost wages and other support and services that the survivor might have otherwise had available. This type of claim must be filed by an individual appointed to represent the estate of the deceased party. The final compensation amount will be determined by the level of pecuniary injuries.

Smart cars could help elderly drivers stay safe

Elderly Illinois drivers face unique dangers when it comes to road safety. Many aged motorists suffer from mobility problems that might make it harder for them to stay visually aware of nearby dangers, and they can experience notable difficulty navigating traffic patterns. Due to health problems and infirmity, older drivers also tend to fare worse in accidents that result in personal injury. According to experts, however, these motorists stand to benefit from novel trends in vehicle technology.

More automakers are creating vehicles that incorporate safety technology, and it is believed that this will have a big influence on the car-buying habits of consumers above the age of 50. Features like warning systems that monitor blind spots, vehicles that sense approaching traffic and automatic braking mechanisms could significantly decrease the likelihood that these drivers will experience severe accidents.

Call to action follows rise in traffic fatalities

Drivers in Illinois and throughout the country drove more miles in 2015 than they had in 2014. Some experts say that this has correlated to a jump in motor vehicle accident fatalities. A total of 35,092 people died last year in roadway accidents according to a recent report by the National Highway Traffic Safety Administration. This was a 7.2 percent increase over the number of traffic deaths in 2014. In response, the U.S. Transportation Secretary has issued a call to action asking researchers to help find a way to reverse the trend.

Traffic deaths have not increased since 2005. That year, a total of 42,708 people died in auto accidents. That figure is 25 percent higher than the number from 2015. Falling death rates prior to 2015 have been attributed to a drop in drunk driving and an increase in safety technology and seat belt usage.

Documents to collect after being injured in a car accident

Illinois residents who are involved in a car crash might want to contact an attorney, and the attorney may want to see certain documentation related to the accident. The individual who has retained the attorney should provide the information exchanged with the other driver at the scene of the accident, including contact information, along with a copy of the insurance policy and evidence of premium payments.

A person who was treated for physical injuries or the psychological effects of the accident should provide those medical records to the attorney. After an accident, people may also have to take unpaid time from work, and evidence of these lost wages will help the attorney in assessing how much it is reasonable to seek in damages in a resulting lawsuit.

Social media use while driving is dangerous

Many Illinois residents understand that texting while driving is dangerous. They may not realize that doing other things with their smartphones, including checking Facebook, LinkedIn, Twitter and other social media apps is also dangerous. More recently, many people have started playing Pokemon Go while they drive, resulting in some accidents across the nation.

In one accident, a man in Baltimore crashed into a police car while he was distracted by Pokemon Go. A girl in California was believed to have been playing the game when she ran off the road and crashed into a utility pole. Forty-six states along with the District of Columbia currently forbid texting while driving. Lawmakers have not fully caught up with the use of social media or playing games while driving, however.

Authorities seek help identifying accident victim

Illinois authorities have asked for help in identifying an individual killed in a fiery crash on Interstate 55 in Illinois on the morning of July 25. The chain reaction accident involved two semi-tractor trailers and three other vehicles. Police say that the unidentified accident victim was so badly burned that personnel from the Cook County Medical Examiner's Office were unable to tell if they were dealing with a man or a woman.

While police say that the cause of the crash remains under investigation, reports do indicate that the accident took place in the southbound lanes of Interstate 55 at about 11:00 a.m. Details of the sequence of events remain sketchy, but police believe that a chain reaction began when a semi hauling frozen meat struck a stationary pickup truck and pushed it with great force into the rear of a minivan. The impact pushed the minivan into and under a second semi, which was pulling a trailer loaded with more than 17,000 gallons of paint. The second semi then struck a sedan.

U.S. trails other developed nations in road safety

While traffic accident fatalities in Illinois and around the country have fallen in recent years, the United States still trails other developed nations in the area of road safety according to a report released July 13 by the Centers for Disease Control and Prevention. The federal agency came to this conclusion after studying accident data collected between 2000 and 2013 from the World Health Organization and the Organisation for Economic Co-operation and Development. CDC researchers compared the U.S. fatality rates of motorists, cyclists and pedestrians with those of 19 wealthy nations including the United Kingdom, Japan and Canada.

During the period studied, road fatalities fell by 31 percent in the United States. However, the fatality rate dropped by an average of 56 percent in the 19 other countries studied. Spain led all nations by reducing accident fatalities by more than 75 percent. The CDC report added that 18,000 lives could have been saved if the U.S. had achieved the same rate of decline as the other 19 wealthy nations in the report.

Claiming damages after a serious car crash

Motorists in Illinois and elsewhere across the nation who have been seriously injured in a car crash may be interested in knowing more about the types of damages that could potentially be claimed in a personal injury lawsuit. Dependent upon the particulars of each unique situation, accident victims could be entitled to financial compensation if any resultant injuries have negatively impacted their own life or the lives of their family members.

Personal injury claims that arise from car accidents generally fall under four major categories with medical expenses being the category most representative of widespread loss among victims. Claims in this category may include items ranging from fees for ambulance transport and consultations with medical professionals to costs associated with permanent disability and in-home services.

Bobby Brown believes he knows who killed Bobbi Kristina Brown

Many people in Illinois and all around the world were troubled by Bobbi Kristina Brown's death, but no one is more distraught than her father, Bobby Brown. He was struggling with Whitney Houston's death and then was devastated by their daughter's death, but he believes he knows who is responsible for the loss of both women.

Brown holds Bobbi Kristina Brown's partner, Nick Gordon, responsible for her and Whitney Houston's deaths, and he is so certain that he has recently filed a $10 million wrongful death lawsuit against Gordon. Brown says that Gordon was the only person who was present at the time both women were found. Since Whitney and Bobbi were both found in a similar manner, Brown believes Gordon killed them.

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