Tag Archives: liability

DuPage County personal injury attorneyWhen you were in grade school, you may have played the game where you fervently attempted to walk on a cracked sidewalk without stepping on any cracks? You may have even joined in the sing-song chorus of “step on a crack, break your mama’s back!” Although this superstition is one of a long line of old wives’ tales, there is an increased risk of injury due to cracks in the sidewalk. Although it may not break your unsuspecting mother’s back, a crack in an unkempt sidewalk may, in fact, result in personal injuries.

Statistics of Sidewalk Injuries

Cracks, uneven payment, unexpected rises, potholes, debris, and ice and snow can all result in tripping, slipping, and falling on sidewalks. Although in many cases, a scrape or a bruise may be the worst of the injuries, other cases may cause broken bones, torn ligaments, concussions, or even death. According to federal estimates, the six most common causes of pedestrian and bicyclist injuries include:

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DuPage County personal injury attorneysSpring has arrived in Northern Illinois, which means that an increased number of cyclists will be taking to area roadways for exercise, recreation, and commuting purposes. Weather permitting, the greater Chicago region is a beautiful setting for bike riders, and thousands will soon be enjoying the freedom offered by the pedal-powered machines. Much of our current society, however, functions on the mechanical engine and the automobile, and serious accidents can occur when drivers fail to see cyclists amidst the sea of moving cars.

The Law

In Illinois, bicycling is very popular in the spring, summer, and early fall, yet injuries are often rampant. A personal injury lawyers can help assist you, in recovering compensation for an injury suffered in a bicycle accident. The question often turns to the potential to recover damages, including pain and suffering, from your insurance carrier or the insurance carrier of the individual who caused the injury. If you are covered by an auto insurance policy, you may be able to recover for either personal injury protection (PIP) or uninsured (UM) benefits depending on your policy. In addition, you may be able to recover for your medical bills, lost wages, and other injuries.

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liability, damages, DuPage County personal injury attorneysEvery year, millions of Americans are injured in car and truck accidents, slip-and-falls, and countless other types of incidents. These injuries result in billions of dollars in medical expenses, lost wages, and negative impacts to the injured parties and their families. In many cases, fortunately, accident victims are able to obtain compensation from those responsible for causing their injuries, but the process of recovering damages can often be complex. If you have been injured and are considering filing a personal injury action, it is important to understand the two basic phases involved in making your claim.

Liability

The first step in collecting compensation for your injuries is proving that the party against whom you are making your claim is actually liable. As the claimant—or plaintiff—it is up to you to provide evidence of negligence or wrongdoing by the other party—known as the defendant. In establishing his or her liability, you will need to convince the judge or jury by that:

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b2ap3_thumbnail_injured-worker.jpgIf you have been injured in the course of doing your job, filing a claim for workers’ compensation benefits may seem like your only option for covering your injuries. In many cases, this may be true and employers are required to provide workers’ compensation coverage in the event of a workplace injury. However, there may be situations in which workers’ compensation is not available, and others in which the payable benefits are insufficient to meet your needs. Such cases may require you to file a third-party workplace injury claim against any potentially liable party.

Off-Site Injuries and Other Reasons for Third-Party Claims

Employees who spend good part of their workday away from their employer’s office, store, or facility are often at the mercy of many other companies and individuals. A truck driver for a soft-drink company, for example, is employed by the beverage distributor to deliver product to grocery stores and other retail outlets. One day, as he is unloading his delivery at the loading dock of a grocery store, the delivery driver from a dairy company crashes into him with a loaded pallet of milk, breaking the soft-drink company driver’s leg in two places. While the injured driver may be able to file a workers’ compensation claim against his own employer since the injury occurred on the job, his injuries were more directly caused by the actions of the dairy driver and a third-party lawsuit is likely to be appropriate.

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b2ap3_thumbnail_car-accident.jpgAs you probably already realize, if you slip and fall on a wet floor inside a grocery store and are injured, there is a good chance that the owner of the store will be held liable for your injuries. You were on his or her property legally, you had the right to expect a safe experience, the grocery store failed to provide that safe experience, and you were subsequently injured as a result. The basics of premises liability are fairly straightforward. What if, however, you go to pull out of the store’s parking lot, and a delivery driver employed by the store crashes into your car and injures you? Is the store owner still responsible? Under the doctrine of respondeat superior, the answer is very likely yes.

Definition of Respondeat Superior

The concept of respondeat superior is a centuries-old common-law doctrine that defines an employer’s liability under law for the actions or negligence of an employee. “Respondeat superior” is a Latin phrase that translates to, “Let the master answer,” and allowing an employer to fill the role of master, as the word is commonly understood. The most basic application of the doctrine in personal injury claims holds that an employer is liable for any and all injuries caused by an employee—or agent—who is working within the scope of his employment arrangement—or agency. Respondeat superior is based on the theory that the employer maintains control of the agency and the employee’s behavior, and must therefore assume liability for the actions of such agents.

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