Medical malpractice lawyer in Bloomington IL

Medical malpractice lawyer

With the holidays just behind us, it is a great time to talk about how to prevent an accident on Christmas or any holiday. Oftentimes accidents are caused by poor decorating, impulsive decisions, kitchen errors and road rage. Now obviously, each of these accidents would have a different cause, and a different outcome if it were to go to court. But have you considered that if you do not take care to prevent accidents before they happen, you may wind up with a medical malpractice lawsuit?

Medical malpractice is the act of suing a healthcare provider for negligence that is causing you harm. The first step to preventing medical malpractice is to stay safe during the holidays. This means when you are putting up decorations for your home, you do it safely. When you are cooking meals for your family and driving to visit family and friends, you do it safely. The holidays are a really busy time of hustle and bustle, and for this reason, during the holidays we see more serious injuries that wind up in hospital. And with more serious injuries comes a higher chance for medical malpractice and medical negligence.

During the holidays, falling from a ladder is very common. This is because people are decorating their homes, oftentimes hanging up lights or putting decorations on the roof. However, falls from ladders, especially from high height, contribute to very severe injuries, ladders can be extremely dangerous and yet they are so essential. Falling from a ladder could lead to a broken neck, broken bones in general. With any kind of broken bone, there is a lot of room for medical malpractice, especially if your spinal cord is damaged. Spinal cord injuries can lead to paralysis of various kinds, and sometimes this paralysis can be prevented with early diagnosis. So if you are paralyzed because of the holiday accident and your doctor did not diagnose you in time, reach out to a medical malpractice lawyer in Bloomington IL such as the ones available at Pioletti, Pioletti, & Nichols to discuss whether you have a medical malpractice claim.

When you are cooking a holiday dinner, you are usually looking for more people than you would normally cook for which leads to a lot of serious burns and cuts. Carving knives, pans, ovens, stove burners, hot oil and drippings can send you to the emergency room. You may have a medical malpractice lawsuit here if your physician misdiagnoses the type of burning you have and treats it improperly. When it comes to typing a burn, each type of burn is more severe than the last and has a very specific care procedure that must be followed to ensure that you heal without infection.

Reach out to a law firm such as Pioletti, Pioletti and Nichols today to discuss whether you need a medical malpractice lawyer.

How Long Do I Have To File a Claim?

How Long Do I Have To File a Claim?

Were you hurt on the job? Perhaps you were in a car accident that someone else caused, or maybe you had a misdiagnosis or a poorly done surgery. There are many reasons that someone may choose to file a personal injury claim. It is important to understand how the process works and how long you have to file the claim. 

The Statute of Limitations

There are two different statutes of limitations in many cases. One determines how long you have to file a claim with your insurance company. The other determines how long you have to file a claim in court if you intend to pursue a lawsuit. To make it even more complicated, the statutes aren’t federally mandated, which means that every state and insurance company has its own regulations.

If you plan to file a claim with the insurance company, call to find out its specific limits. If you want to file a claim in court, most states give you between 1 and 6 years to do so. However, that time may be shorter if you are filing a claim against a city, state, or federal government, such as if you were in a car accident with someone driving a government vehicle. 

There Are Rare Exceptions

Most of the time, you’ll need to adhere to the strict deadlines set forth by your state. However, in rare cases, there are exceptions. One such exception is if you can prove you didn’t know right away that you were injured or didn’t realize that it was someone else’s fault at first. However, this can be very difficult to prove, so it’s important to hire a lawyer who can assist you if you intend to take this route. Additionally, some states have a clause that “pauses” your time clock if the at-fault party leaves the state for any period of time. This means that if you have three years to file a claim but the defendant was out of the state for a year, you’ll have an extension of one year. Keep in mind that your clock starts the day the accident happens. If your injury occurs on July 26 and your deadline is one year, you’ll only have until July 26 of the following year.

File a Claim as Soon as Possible

As soon as you realize you have an injury that is causing medical problems, lost wages, or a loss in your quality of life, and as soon as you know it is through no fault of your own, it is important to being the process of filing claims with both the insurance and, if necessary, the courts. This helps to prove that you are genuinely injured and not “faking it” to get money.

An experienced traffic lawyer, like The Law Offices of Mark T. Hurt, understands your state’s deadlines, exceptions, and court procedures. Contact one to start the claims process.

Do I Need a Car Accident Lawyer? 

Car Accident Lawyer

Many victims suffer major injuries as a result of car accidents. As a car accident lawyer like one from The Hernan Law Firm can explain, there are many legal services that you can obtain if you are an accident victim. However, we understand that it can be tough to know whether hiring a lawyer is the right move. Here are some of the scenarios that may indicate that you could benefit from a car accident lawyer. 

You Have a High Amount of Medical Expenses

Medical debt is one of the top issues that car accident victims deal with. Though many car accident victims suffer minor injuries, some of them experience injuries which require more extensive treatment plans. Such injuries can result in temporary or permanent disabilities, demanding long-term care. A car accident lawyer can be your fiercest advocate so that you can recover the compensation amount you are entitled to. 

You Are Being Offered a Low Settlement

Dealing with insurance companies is one of the most frustrating parts of a car accident. Following the aftermath of an accident, you will have to speak with the insurance company and file an accident claim. They may try to give you an initial settlement offer, but if you are given an offer you should not accept it without first consulting with a lawyer. They will let you know if further negotiations must be made. 

You Were Struck By a Reckless Driver

When a driver is charged with criminal reckless driving, it means that they are driving in a manner that deliberately disregards their safety or the safety of the people around them. Examples of reckless driving include driving under the influence, street racing and speeding. Pedestrians are injured every day because of drivers who don’t pay any attention to the potential consequences of their driving behavior.

You Are Unsure of What to Do 

If you are feeling overwhelmed with the claims process, you should meet with a lawyer to determine the best course of action after a car accident. WIth their knowledge and experience helping clients who have faced issues which are similar to yours, you have a higher chance of obtaining a successful case outcome. 

There is limited time to file a car accident claim. Don’t wait too long to act or you may lose your right to recover compensation. To learn more about how you can receive legal assistance from a trusted car accident lawyer, schedule a risk-free consultation. 

Ice Storms and Your Car Insurance: What Is Covered?

Driving when there is ice on the road is a very dangerous thing. However, many people have to do it for work or other reasons. Car accidents during ice storms are very common. If you live in an area that is prone to ice storms, for example, you may want to consider consulting with a car accident lawyer, like one from Johnston Martineau, LLP, sooner rather than later. 

If you were involved in an accident caused by ice, you may wonder if your insurance will cover the damages. This depends on several factors, including how many vehicles were involved and what type of coverage you have. Consider how these impact the compensation you receive.

Single-Car Accident

If you were the only driver involved in the accident, your compensation is based solely on your personal insurance policy. If you have comprehensive car insurance, the damages should be covered. With this type of policy, your car is protected from any type of damage. This type of policy is a popular choice for people who have newer vehicles that are worth a lot.

If you only have liability coverage, your insurance company will not compensate you for damages to your car. Liability insurance only protects someone else’s property that you damaged during the accident. Many people choose this type of policy because it is less expensive, but it is important to consider that you will have to pay out-of-pocket for damages to your own vehicle.

An experienced car accident lawyer in Iowa will be able to guide you through the process and help ensure that you get the best possible outcome. 

Multiple-Car Accident

It may seem obvious that you should hire a car accident lawyer in Iowa for ice storms, but there are actually many reasons to do so. If you are the at-fault party in the accident caused by ice, comprehensive coverage will cover damages for your vehicle and the other party’s. If you have liability coverage, only the other party’s damages are compensated.

If you are not responsible for the accident, the at-fault party’s insurance should cover your damages. This is true whether he or she has a comprehensive or liability policy. If an uninsured driver caused the accident, you need to consult with a lawyer to receive compensation for your damages. It can be frustrating to deal with a situation involving an uninsured driver, but a car accident attorney can help you navigate the process. 

Conclusion

Car accidents can happen in any weather, but they are much more likely when the roads are icy. Insurance coverage can be difficult to understand. Still, you should stay informed and up-to-date about your personal insurance policy. This will help you if you ever find yourself involved in a single or multi-car accident. If your insurance company is not treating you fairly, consider contacting a car accident attorney. A lawyer can help you deal with both insurance companies and uninsured drivers.

If you have been injured in a car accident, you may be entitled to compensation from the insurance company of the driver who caused it. However, if there was an ice storm and you were not at fault for the accident but they still refuse to pay your medical bills or any other expenses, then you will need a car accident lawyer. 

Tips to Avoid Road Rage

Road rage is when another driver engages in aggressive or angry actions while behind the wheel of an automobile. According to AAA Foundation for Traffic Safety, aggressive actions are a factor in up to 56% of fatal car crashes. Learning how to avoid road rage and not provoke it in other motorists will make the road safer for everyone. Some helpful practices to follow are:

Avoid Rude Gestures

Even if another driver is aggressive and not following the rules of the road, do not engage with them by throwing your hands up in the air or making faces. If your windows are down, do not yell at fellow drivers. Rude gestures will only incite rage in other motorists, and they will not keep you calm either.

Think Twice About Honking

Sometimes, a short honk of your horn is helpful in nudging another driver when a light has turned green or indicating your presence. Longer, more aggressive use of your horn can be irritating to other drivers. It may prompt them to show aggressive driving behavior, putting you in danger.

Practice Safe Driving Habits

Think back to what you learned in driver’s education and apply those lessons. Avoid tailgating, hard braking, speeding, and cutting other drivers off. Use your turn signals to change lanes and only use the left lane for passing. Obey traffic signs and come to complete stops at red lights and stop signs.

Leave Plenty of Time

If you are always running late, your driving habits will be more aggressive and chaotic. Allow yourself plenty of time to arrive at your destination, especially during busy travel times. You will be more patient with other drivers.

Admit Fault

Everyone has made a mistake while driving. If you accidentally cut someone off or missed a signal, offer a pleasant wave and a smile to show you are sorry and recognize you are at fault. The other driver will appreciate the kind gesture.

If you are injured in an automobile accident caused by road rage, you can seek compensation. Contact an auto accident lawyer who specializes in car accidents to discuss your incident from a firm like the Law Office of Eric H. Luckman, P.A. You may be able to recover lost wages, medical expenses, and damages to your car.  

Buckling your seatbelt and avoiding distractions while driving are two great ways to remain safe on the road. Try to keep a positive mindset when behind the wheel and try not to assume the worst about others’ actions.

Vehicle Crashes Caused by Defective Parts

While drivers do make errors and may lose control of their vehicles, some collisions occur due to failures within the cars themselves. If you believe that a defective car part may have caused (or contributed to the causes of) your crash, there may be steps you can take to ensure you are compensated for your damages, injuries, and other hardships you have experienced.

Which Defective Car Parts Commonly Cause Accidents?

When possible, it’s important to identify what exactly went wrong with your vehicle. Pinpointing the source of the problem could help prove that you were not at fault. Consider a few car parts that have been known to fail and cause accidents:

  • Power Steering Failure: When it is difficult to steer your vehicle, you could collide with a car or other obstruction.
  • Brake Failure: With no way to slow down your car, you could be unable to prevent a high-speed accident.
  • Airbag Issues: If your airbag deploys at a time when it is not needed, it could distract you and thereby lead to a crash.
  • Electrical Issues: Problems with your car’s electrical system could lead to various issues, one of them being fires.
  • Unexpected Acceleration: If your vehicle speeds up when you aren’t pushing the pedal, you could easily bump into a car or other obstruction.

As experienced injury lawyers – including those who work at MartinWren, P.C. – can confirm, it isn’t always easy to tell when defective parts have played a role in the cause(s) of a crash. As a result, it is important to avoid making assumptions about what caused your crash until you’ve spoken with an attorney about your situation. You may be entitled to far more compensation than you have initially assumed. 

Who Is Liable?

In many situations, defective parts are the responsibility of the manufacturer. If the manufacturing process went wrong somehow, you may be entitled to various forms of compensation. The company may be required to pay for a replacement vehicle, your medical expenses, and even lost income if you were too injured to work for a time. The manufacturer of a car part isn’t always to blame. Sometimes the designer is at fault for not correcting a design flaw. Similarly, your dealer could be responsible if a part was installed improperly.

What Should You Do Immediately After the Crash?

After attending to any injuries sustained during the accident, it’s critical that you take photos of the scene and ask for a copy of the police report. This way, you can gather any and all evidence pointing to the cause of the collision. Be sure to update your insurance company, as well, after speaking with an attorney. Acting promptly and proactively will help to ensure that your rights and interests are protected as you move forward. 

What Should You Do if You Suffer from a Brain Injury?

Suffering brain injuries at the hands of another person’s negligence can be extremely traumatizing in the road to recovery is going to be long and expensive. However a brain accident lawyer is going to make the road to recovery and receiving compensation that much easier. The lawyers that deal with brain injuries have a lot of experience doing so, because these are an extremely common type of injury that occurred due to neglect. So if you or your loved one has been injured and received a brain injury, reach out to the lawyers that can help you, such as the lawyers at Barry P Goldberg.

Your brain accident lawyer is going to be able to help you file claims against negligent motors, doctors, or trucking companies. Whoever was deemed out fault for your injury is going to be who we are, the lawyer fires a claim against.

The elements of a brain injury lawsuit are as follows, and it’s helpful to know these things before you are trying to file a brain injury lawsuit because it’s going to ensure that you get a lawyer with the experience and expertise that you need. To file a lawsuit the brain injury victim has to of suffered trauma as a result of someone else’s negligence, and in the negligence claim the lawyer representing the party that was injured needs to be able to prove the following:

  • That there was a legal obligation otherwise known as the duty of care, that requires the individual who was deemed negligent to exercise a reasonable level of care as to prevent harm to others. A good example of this is that a doctor has a duty to perform up to the standard of care established by the medical community and anything less than that is deemed negligent.
  • That there was a breach of duty. The lawyer must be able to prove without a doubt that an individual or entity was considered negligent if they have breached their duty of care. Another example of this is that the doctor performs an operation in a manner that is considered by the medical community to be unacceptable. In this instance the doctor would’ve been deemed to have breach of duty.
  • Causation must be proved, which means that the lawyer must be able to prove the defendant’s negligence must’ve been directly responsible for the injury and the damage that occurred.
  • There must’ve been damages, for the victim to file a claim the injury must have caused either economic or noneconomic damages.

The type of compensation that somebody could receive for filing a negligence suit against somebody in the act of receiving a brain injury via an accident, are as follows:

  • Medical bills are often going to be tied to a brain injury, and as long as the victim can prove that their medical bills and their medical needs are related to the injury and that the injury was caused by negligence, they can file a lawsuit to gain compensation for all expenses related to doctors visits, hospitalization, rehabilitation and of course occupational therapy.
  • Pain and suffering, usually refers to whole monetary damages for any lasting physical or emotional pain such as brain damage or amnesia.
  • Loss of life’s enjoyment, a victim of brain injury may also be entitled to compensation for their inability to participate in activities that they once enjoyed.
  • And of course wrongful death. When a brain injury is fatal the victim’s family can typically file a wrongful death lawsuit to pursue compensation for any financial damages such as funeral costs or lost wages that have resulted from their loved one’s death.

Proving Negligence in a Motorcycle Accident

Motorcycle Accident Lawyer

As the victim in a motorcycle accident, if you file a lawsuit, your case is likely to entail a claim against an at-fault driver for negligence. Failing to act with care that any reasonable person would have done in a similar situation is defined as negligence. There are five elements common for vehicle related negligence claims: 

#1 Duty

A person is obligated by law to act in a way that is reasonably safe towards others in certain situations. In the case of a motorcycle crash, where someone hit a motorcyclist, the defendant would be the at-fault driver. In most instances, there was a legal duty for the driver to operate his or her vehicle in a way that didn’t endanger others but failed to do so, and this can be proven through accident evidence and the victim’s injuries. 

#2 Breach of Duty

Breach of duty is when a defendant doesn’t fulfill his or her duty of care due to engaging in unsafe and unthoughtful actions. For example, if a driver ran a street light and hit a motorcyclist, the court may assume that the driver had violated this duty of care by legal standards because a driving law was broken. Your lawyer can consult with you about whether the driver’s actions constitute breach of duty. 

#3 Cause-In-Fact

An injured rider must show that the car driver had caused their injuries and losses. This is sometimes referred to as “but-for” causation, as the injured person must show that if not for the at-fault driver, there wouldn’t have been a crash to ensue and resulting injuries and damages. 

#4 Promixate Cause

The reckless driver may be held financially responsible for harm caused to the motorcyclist, including current and future expenses. Serious injuries are viewed as foreseeable repercussions of poor driving, and thus, proximate cause can be established. 

#5 Quantifiable Damages

The injured motorcyclists must have suffered bodily injury, damage to motorcycle, and financial loss which can be calculated quantifiably. Your lawyer can review medical bills, treatment plans, wage loss paperwork, and receipts for out-of-pocket expenses as a way to calculate how much is fair in restitution for your case. 

For a consultation with a committed and seasoned motorcycle accident lawyer, contact Barry P. Goldberg today.

Choking & How it Happens

Choking & How it Happens

Choking

If you or a loved one have been the victim of a choking accident then it is important to know what your options for going forward are. People can choke on things for a number of different reasons. It may be the result of food not being cut properly or it could be from a product defect. Regardless of the reason why it’s important to know that help in the form of legal assistance does exist for these types of issues. Compensation may be available depending on your case’s details.

How to Tell if Someone is Choking

There are many different ways to be able to tell if someone is choking. It’s always crucial that a careful watch is placed on those with sensitive eating habits. That especially means for babies, toddlers, and elderly people. All of them equally can have difficulty eating and swallowing foods. In order to tell if someone is choking, observe the following:

  • Difficulty breathing
  • Face-changing color
  • Coughing
  • Firmly holding throat or chest
  • Failure to be able to speak or swallow

If you or a loved one exhibits any of these signs, then there is a chance that the culprit is choking. 

How Choking Happens

Choking can be the result of many different reasons. If food is simply too large and hasn’t been cut into pieces, then this can cause someone to choke. Eating too quickly is another common way that people choke. Dentures that are typically worn by elderly people are another thing that can lead to choking. Another way that choking happens is when children play with small toys. Toys and certain other products should be labeled correctly with choking hazard stickers. If they are not properly labeled, then there could be a chance for a lawsuit. Contact a choking lawyer to learn more about how to proceed with a choking case. 

Product Defects

As stated before, toys and certain other products should be labeled with choking hazard warnings. If not, then a lawsuit may be filed. Product defects are another thing that can lead to choking. Certain products used for the mouth like dentures and other mouth care products could lead to choking. It’s always important to read the details of the product and if there are warnings for how to use them. These products may also have defects that were originally unintended that lead to a choking incident. Contact Davis & Brusca, LLC, for help with your case. 

 

Dizziness Following a Car Accident

Car accidents are no laughing matter. Besides damage to your vehicle, there’s the possibility that you have been physically injured. In fact, you may still be hurt even if you think your body is “holding up okay.” For example, dizziness – while not immediately concerning to most people – can be a sign of a medical problem that must not be ignored. As an experienced brain injury lawyer – including those who practice at Royce Injury Attorneys, LLC – can confirm, ignoring possible neurological symptoms (such as dizziness) after a car accident could result in potentially catastrophic physical and financial consequences. 

What Dizziness Means

Feeling dizzy after a car crash could mean you have a brain injury. Other signs that your cognitive functioning has been negatively impacted include:

  • Lightheadedness
  • Imbalance
  • Fainting
  • Nausea
  • The sensation of slowly moving, even though you’re being still

Any of these symptoms could point toward a concussion. Immediately seek medical assistance the moment you suspect you have one. You’re not overreacting by seeking medical attention – you’re exhibiting healthy signs of self-respect and care. 

What a Concussion Means

Concussions are traumatic brain injuries caused by severe blows to the head that reduce one’s ability to process information. You might have smashed face-first into the steering wheel or the side window during impact. The odds of developing a concussion in these instances are strong. Although uncommon, victims of serious concussions sometimes temporarily lose consciousness. More common side effects are:

  • Headaches
  • Inability to concentrate
  • Loss of coordination

Most individuals fully recover. However, left untreated, long-term complications may develop. Vertigo, chronic headaches, mood swings, and brain fog are all possibilities. These problems sometimes last for months or even years. For this reason, individuals who’ve suffered even minor head trauma should seek a neurological evaluation.

You may feel fine and return home, suspecting that nothing is wrong. Over time, symptoms might emerge that indicate there’s a problem. Rush to a doctor if you experience ringing in your ears, feel drowsier than normal, have slurred speech, or become sensitive to light and noise. Depression and blurry vision are other indications that you have an untreated concussion.

What Legal Action Means

Expenses are inherent in getting medical treatment, and nobody should be forced to shoulder an economic burden because of someone else’s wrongdoing. Additionally, it’s impossible to calculate a concrete value for the pain and suffering that concussions create. If the vehicular accident you were involved in wasn’t your fault or was only partially your fault, consider seeking legal compensation. Consult with an experienced attorney to better ensure that you are properly paid any compensation to which you may be entitled. But first – seek necessary medical attention.