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IL injury lawyerOne of the hardest things we will all have to do at some point in this life is to grieve the death of a loved one. When their death is untimely and preventable, it can be even more heartbreaking for family members. According to the National Highway Traffic Safety Administration (NHTSA), more than 37,000 people were killed in traffic accidents in 2017. Losing a loved one in a car accident can be hard to deal with, especially if the other party was at fault and they were able to walk away from the accident. Fortunately, the state of Illinois allows family members to claim compensation in their loved ones’ name in what is known as a wrongful death claim.

What Is Wrongful Death?

Wrongful death lawsuits are wide-reaching; they can cover a variety of intentional or unintentional actions taken by individuals, a group of people or even companies as a whole. Specifically, the Wrongful Death Act states that wrongful death can be caused by “wrongful act, neglect or default.” Wrongful death acts are also typically acts that would have entitled the deceased to file a personal injury claim if death had not ensued.

Requirements for Filing a Wrongful Death Lawsuit

To file a wrongful death lawsuit, the deceased person’s personal representative must do so. Usually, this person is the deceased’s spouse or a close family member, which can also include the deceased’s children or adoptive parents. This person can also be a person who has been appointed by the court to manage the deceased person’s estate. The statute of limitations is two years for wrongful death lawsuits, but that is extended to five years if the death was due to violent intentional conduct.

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Posted on in Personal Injury

IL crash lawyerOne of the most common types of car crashes in the United States is rear-end collisions. Rear-end collisions may not seem very dangerous, but they can cause extensive damage to your vehicle and injuries ranging from whiplash to broken bones and even death in some situations. In most cases, it is fairly easy to determine who is at fault in a rear-end collision. In other cases, assigning responsibility for the accident is not so easy. If you are in any type of car accident, it is important to seek legal advice as soon as possible.

Determining Fault

Securing legal representation is crucial after a rear-end collision. It can get very expensive very quickly for needed repairs on your vehicle and medical bills and/or lost wages from your injuries. You and your attorney will discuss what happened during the accident and determine if the other person is liable for the damages you have sustained. Basically, there are three different options when it comes to assigning fault in a rear-end collision:

Rear driver is at fault: In a majority of rear-end collisions, the driver in the back is the responsible party. Many times, rear-end collisions occur because the rear driver is not paying attention to the road. Distracted driving is one of the leading causes of rear-end collisions.

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IL injury lawyerNow that the weather is warmer and days are sunnier, more children and their caretakers are flocking to playgrounds. What should be a fun day outside, can turn into a disaster pretty quickly. According to the Centers for Disease Control and Prevention (CDC), there are more than 200,000 children who are treated for playground-related injuries at emergency departments each year. Of those 200,000 children, nearly half (46 percent) are treated for severe injuries, such as fractures, internal injuries, dislocations, and amputations. The CDC also states that around 75 percent of nonfatal playground injuries occur on public playgrounds, with most occurring at schools and daycare centers.

When your child is injured while in your care or the care of others, it can be an emotionally and financially stressful experience. Fortunately, there are things you can do to help recover some of the costs and damages associated with the injuries your child sustained.

Common Playground Hazards

There are many reasons why a playground could be unsafe and dangerous for children. Most of the time, a hazardous playground is one in which the responsible property owners do not keep up with the maintenance of the playground equipment. Some common examples of playground hazards that could cause injury include:

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IL defense lawyerWhen it comes to premises liability in Illinois, the duty of care that property owners owe those who are on their property changes in certain situations. The level of liability you have to an occupant on your property depends on whether or not the person was a trespasser on your property. If the person was lawfully on your property, you have the responsibility of exercising ordinary care to ensure the property is reasonably safe. If the person is a trespasser, you are only responsible for refraining from willful or wanton conduct. When it comes to a child trespasser, the rules are slightly different.

What is the “Attractive Nuisance” Doctrine?

When it comes to children trespassers, the laws pertaining to the property owner’s duty of care are slightly different. Rather than having strict liability, a property owner can be accused of negligence if they knew or should have reasonably known that there was a condition present on their property that posed a risk of injury to children. The reason why there is a difference in how adult and child trespassers are treated is that children often do not have the ability to recognize certain hazards or understand the consequences of their actions.

The property owner has the responsibility of anticipating that a child could trespass and become hurt because of a condition that existed on their property. The Illinois Civil Jury Instructions state that the degree to which the property owner will be held responsible depends on the risk of injury to the child relative to the cost or inconvenience to remedy the dangerous condition that was present on the property. If the cost or inconvenience to remedy the condition is minimal, the property owner has a duty to do so.

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