Whether you own a motorcycle or you love to ride on the back of one, you are already aware of how dangerous they can be. Regardless of how responsible and cautious you are on the road, all it takes is a split second of distraction or a reckless driver to cause a severe accident.

Motorcycle rider fatalities occur 27 times more often than deaths in other vehicle crashes according to the National Highway Traffic Safety Administration.

Whether you have been involved in an accident or you are concerned about your rights if you are involved in one in the future, it is vital that you understand the facts. Some of these facts might be a given, while others could surprise you.

Your best defense from being taken advantage of by the insurance company is to know everything possible. Naturally, you should speak with a motorcycle accident attorney as well to explore your options and protect your rights.

Facts to Know Regarding Chicago Motorcycle Accidents

Throw out what you think you know about motorcycle accidents, because these facts might surprise you. From the causes of accidents to the party at fault to the internal injuries, review these before you go back out for your next ride.

Motorcycle Helmets Are Not Required in Illinois, but Highly Encouraged

Motorcycle helmet laws vary depending on where you live. But here in Illinois, there is no helmet law for any kind for motorcycle. Illinois is one of the three states to have no motorcycle helmet usage laws. While you could legally ride down I-90 wearing no helmet, you should reconsider.

NHTSA has heavily researched the use of motorcycle helmets and found that helmets have saved more lives in motorcycle accidents than incidents without a helmet. They also periodically publish an estimate of lives saved by wearing helmets. Using the 2003 data, they estimate that 1,060 lives were saved because of helmets and an additional 1,644 deaths could have been avoided had they worn helmets.

So, while the state might not require their use, wearing one could significantly change the outcome of an accident if you are involved in one in the future.

Your Age Might Impact Injury Severity

A study by Brown University found that older riders suffer more severe injuries than younger riders. In the study, they cited that declining vision and reaction times combined with the heavier, larger bikes older riders favor, increases the chance of more serious injury. The heavier bikes can roll easier. And because the body becomes more fragile as it ages, the weight of those bikes can lead to harsher injuries.

Most Motorcycle Accidents Involve Collisions with Another Vehicle

According to the HURT study, three-fourths of motorcycle accidents involved a collision with another vehicle – usually with a passenger vehicle.

Only one-fourth of the accidents analyzed in the study involved a single vehicle accident where the motorcycle collided with a fixed object or crashed due to road conditions.

Rider Inexperience Plays a Heavy Role

Motorcycle riders often learn from family, friends, or they are self-taught. A vast majority of accidents involve riders with no formal training. One study found that the more training and experience a rider had, the less chance of a fatal crash.

More than half of the analyzed motorcycle accidents also involved riders with fewer than five months experience riding, and the total street riding experience added to three years among the accident victims.

Eye Protection Could Prevent an Accident

Accidents involving motorcycles revealed that 73 percent of those riders had no eye protection. Therefore, their eyes were exposed to debris including dirt, bugs, and pebbles. It is likely that their unprotected eyes led to vision impairment, which reduced their reaction time and could have caused the accident.

Riders Have Less Than Two Seconds

Even the most experienced rider might be surprised to find out that in the average accident scenario, there are less than two seconds allotted to react before the collision. Therefore, it is even more critical that you are fully aware of your surroundings and never distracted, because you have less than two seconds to use an evasive maneuver.

Motorcycle Accidents Have Significant Impact on Economic Losses

Motorcycle accidents cost $16 billion in direct costs, including property damage, productivity losses, insurance costs, medical costs, emergency services, and the cost of litigation, according to the Government Accounting Office (GAO).

Motorcycles with Antilock Braking Systems (ABS) Can Reduce Collisions

Motorcycles have a more complex stopping mechanism than the average passenger vehicle. When bikes do not have ABS, the rider can brake too hard, forcing their wheels to lock and the bike to turn over. Riders that have bikes with ABS do not have that risk, and the Insurance Institute for Highway Safety (IIHS) founds that the risk for an accident on a bike with ABS is much lower than the same model bike without ABS.

Motorcycle Accidents Do Not Just Injure the Head

Motorcycle riders have no vehicle sides or airbags to protect them. Therefore, the injuries in a motorcycle accident are going to be more traumatic than a passenger vehicle incident. The rider’s bike and body tend to absorb most of the impact. And while head trauma is common – especially without helmet use – that is not the only type of injury a rider can sustain.

In fact, other common injuries that can be just as severe include:

  • Spinal cord injuries
  • Broken bones and fractures
  • Skin burns and deep lacerations
  • Permanent muscle and tissue damage
  • Amputation
  • Disfigurement

Do Not Forget the Emotional Trauma

While there are the apparent physical injuries, do not forget the mental anguish and emotional trauma that stems from a motorcycle accident. These accidents are especially traumatic, and there is the risk of a victim developing post-traumatic stress disorder (PTSD). Symptoms of PTSD can vary. But for a motorcycle rider involved in a catastrophic accident, these symptoms might include irritability, fearfulness, difficulty sleeping, inability to get into a motor vehicle, mood swings, panic attacks, and depression.

Half of the Motorcycle Accidents Occur in Intersections

Intersections are dangerous for motorcycle riders, and approximately 50 percent of motorcycle versus vehicle accidents occur there. Vehicles might unexpectedly turn in front of a motorcycle or pull out of a side street or driveway, which does not give the rider enough time to react. Also, some intersections have limited visibility due to parked vehicles, buildings, and shrubbery – therefore, you should cross with caution.

Not All Accidents Are Caused by Speeding

You might assume that if you are riding through a neighborhood at a casual 20 miles per hour the chances of a serious accident are minimal. It is true that slower speeds mean more reaction time, but that does not mean you should be careless or ride through assuming you are not at risk.

Not all accidents happen because of speeding or at higher speeds in general. There are numerous reasons motorcycle accidents occur. Some common causes include:

  • Motorists failing to see a motorcycle
  • Potholes and uneven riding surfaces, including loose debris on the road, causing a motorcycle to lose control
  • Motorcycles under correcting or over correcting around turns
  • Defective motorcycle components, such as a tire blow out or braking system failure

Most motorcycle accidents, like car accidents, occur during short trips such as running to the store, riding to work, or on your way home from work.

Motorcycle Riders Are Susceptible to DUIs Too

It is not just operators of passenger vehicles that can cause crashes due to alcohol consumption. Almost half of the fatal accidents involving motorcycle riders involved alcohol. The injuries in motorcycle accidents increase significantly when alcohol, speed, or heavier bikes are involved.

Injured in a Motorcycle Accident? Contact an Attorney Today

After a severe motorcycle accident, you need an attorney ready to fight for your rights and secure the compensation you need to recover. Motorcycle accidents can leave you permanently disabled and suffering from long-term medical complications. You need an attorney that understands the complexity of these types of cases and one that will fight for fair compensation.

To explore your options, speak with an attorney from Malman Law today. We will meet with you for a free case evaluation, and there is no fee unless we recover in your case. Call to schedule your appointment at 888-307-2051 or send us a message online.

Not all motor vehicle accidents result from human error. In fact, there is a handful that occur due to faulty vehicle parts. Whether that part is defective by design, flawed during manufacturing, or installed incorrectly, these accidents can lead to catastrophic injuries.

Victims in these accidents may be able to hold the manufacturer, and other parties involved in the distribution chain, responsible for their injuries and receive the compensation they need to recover from the accident.

Defective Car Parts Are Considered Product Liability in Chicago

When you are holding manufacturers, designers, and mechanics responsible for defective products, you are entering the area of product liability law. Product liability claims are personal injury claims that base themselves off the premise that a product was inherently dangerous and lead to the victim’s injuries.

The Basics of Product Liability

Product liability claims typically arise because one of three defects occurred:

  1. The product’s design was flawed. Defective designs happened when the design of the product was inherently flawed and dangerous. Even when manufactured correctly, this product was likely to cause harm. In design defect cases, all products – not just one batch – are affected. A design defect could involve an unstable electrical system in a vehicle or a faulty brake pad design.
  2. The product’s manufacturing caused the defect. Defective manufacture means that the product was designed to be safe, but during manufacturing, an error occurred that made it unreasonably dangerous. Using substandard materials, failing to conduct quality control inspections, or even improper assembly are examples of manufacturing defects.
  3. The failure to warn was inadequate. Sometimes called “defective marketing,” failure to warn claims arise when the product’s dangers could be avoided through proper instruction or warning.

Multiple legal theories apply when going through product liability claims, but most are based around negligence. Also, multiple parties can be liable for injuries that stem from one of the three defects mentioned above.

Common Types of Defective Vehicle Parts That Lead to Serious Accidents

A modern automobile is a complex machine that relies on hundreds of various parts to work correctly. These parts have a potential for failure, but not all failures lead to serious accidents or injuries. Components that have a higher risk to cause serious injury when they are defective include:

  • Brake Systems: A vehicle’s braking system is by far one of the most critical safety components, because it allows you to slow or stop. When the braking system fails, a driver cannot control their vehicle, which could lead to a catastrophic high-speed accident. Braking systems involve multiple components that could fail when manufactured, designed, or installed incorrectly, including brake lines, cylinders, pedals, and pads.
  • Steering Systems: The steering mechanism in a vehicle allows you to direct your car in one direction. When that mechanism fails, you cannot avoid a collision and may even create an accident by veering into traffic. Components that could fail in a steering system include power steering pumps, hydraulic lines, tire rods, and gears within the steering.
  • Tires: Tires are critical to vehicle safety, and they are the one component that keeps a car in contact with the pavement. When tires fail, drivers may lose control of their vehicle. For example, a tire blow-out could lead to a catastrophic accident. Defective tires can occur from poor manufacturing, substandard rubber use, tread errors, defects in the structure, or an adhesion issue.
  • Airbags: Even if an accident occurs due to human error, when the airbag does not deploy as it should or does so in a manner that causes injury, that vehicle defect could turn a simple rear-end collision into a catastrophic crash. Defective airbags could also deploy while driving; thus, causing the accident. Other times airbags fail to deploy or deploy and send debris into the face of the person in front of them.
  • Windshield Wipers: You might not realize it, but windshield wipers are a critical component to vehicle safety. When wipers fail during a rain or snow storm, your visibility quickly drops to zero. Defective wipers could lead to a severe accident when drivers cannot see in front of them.

Who Can Be Held Responsible for Defective Auto Parts?

If a defective car part in your vehicle or another driver’s vehicle leads to a serious accident, your attorney will investigate all parties involved in the manufacturing and distribution of that vehicle to determine who is liable. Some parties that might be found liable include:

Manufacturer of the Vehicle

The vehicle’s manufacturer, if the defective part was on the car when it was distributed to dealerships, could be automatically liable for any defective components in their vehicles. Manufacturers owe a duty of care to their customers. And through proper quality and safety control protocols, these defects should be caught and eradicated. Therefore, a manufacturer that allows a vehicle to leave their facility with a defective part could be named in a lawsuit.

Manufacturer of the Defective Component

If the vehicle manufacturer did not make the defective part, then the third party responsible for creating it could be liable. Companies that make auto parts are just as liable as the manufacturer of the vehicle itself because they must not only ensure their products are created in accordance to their specifications, but also that their products are safe.

Marketer of the Defective Part

Sometimes, the product is manufactured correctly, but the company that marketed that component did not include all warnings or proper instructions with their product. In this case, the marketer would be liable.

The Designer of the Defective Part

Auto parts manufactured correctly can be defective when their design is flawed. Flawed components can be serious safety hazards. And when a poorly designed component causes the crash, the designer can be held responsible.

Dealership or Mechanic That Installed the Defective Part

Products may be designed and manufactured correctly. But when they are installed, something goes wrong. In this instance, the mechanic or dealership that installed the component incorrectly would be liable for your injuries.

Severe Injuries Associated with Defective Vehicle Accidents

Defective components can turn minor accidents into catastrophic incidents. Car accident victims could suffer from long-term, debilitating injuries when parts like airbags, brakes, or even seatbelts fail to work.

Some of the more common injuries seen in a defective part case include:

  • Lacerations
  • Bone fractures
  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Burns
  • Soft tissue injuries
  • Amputations
  • Disfigurement

Anyone involved in a motor vehicle accident, whether a defective component was involved or not, should seek medical treatment right away. Some injuries, like soft tissue damage, can take several hours to days to show. Starting treatment early is critical not only for your health, but also in the event that you file an injury case later.

Potential Damages in a Defective Car Part Accident Case

An accident caused by a defective car part could leave you in financial strain. You cannot work while you recover from your injuries, but that does not stop the medical bills and your living costs from quickly draining your bank account. You did not cause the accident, so why should you have to deal with the financial aftermath of that incident?

An attorney will work hard to help remove that financial burden, and they will negotiate with insurance companies and defense attorneys to reach a settlement that covers your damages. Damages are not just your medical costs either. This compensation helps cover the financial and non-financial losses that stem from your accident:

  • Medical expenses (including any future medical fees)
  • The cost to replace or repair your vehicle
  • Lost wages
  • Loss of earning capacity if you no longer can work
  • Compensation for your pain, suffering, and any permanent impairment
  • Punitive damages

Note that punitive damages only occur in cases of extreme negligence. Courts use punitive damages to punish the defendant for their acts and to serve as an example to others in the industry so that they do not commit the same act.

For families that lose a loved one in a crash caused by defective auto parts, a wrongful death attorney can help. While no amount of money could reverse the loss, compensation can be obtained to ease the financial strain from that loss.

Contact an Attorney to Discuss Your Case Today

Fortunately, those who are injured in an accident caused by a defective vehicle part can recover their losses and hold manufacturers responsible. In these instances, recovery could be substantial. To protect your rights and explore your options, speak with an attorney that has experience handling product liability claims involving defective motor vehicles.

Speak with an attorney today from Malman Law. We can meet with you without obligation. Schedule your free case evaluation now at 888-307-2051 or contact us online to get started.

Each year, the number of nursing homes and residents in the United States increases.

In fact, the Centers for Disease Control and Prevention (CDC) state that there were 15,600 homes in 2014 and the number of nursing home residents in 2014 was 1.4 million. These numbers are only expected to increase as the aging population increases.

Unfortunately, finding enough qualified care professionals or nursing homes that are not filled are decreasing. More residents are finding themselves in overfilled nursing homes without the staff to handle their care needs.

There has been a correlation between the increase in nursing home residents and nursing home abuse/neglect cases. If you find yourself in the unfortunate position of having to file a claim for nursing home abuse, you need to know specifics about the process – especially when it comes to claiming damages. It is best to consult with a nursing home abuse attorney because they can review your case and better determine what damages you are eligible to receive as well as collect evidence to prove their legitimacy.

What Damages Can You Claim in a Nursing Home Abuse Case?

The damages you might recover in a nursing home abuse case depend on the statute and the extent of the injuries. When a nursing home breaches federal or state safety guidelines, they are liable for the injuries they cause. Victims of the abuse can seek damages against a nursing home, caregivers, and other parties responsible for their injuries.

Some of the damages that a victim might claim include:

Medical Expenses

If a nursing home caregiver or facility abuses a resident, and that abuse results in medical treatments, the nursing home is liable for the costs of those treatments. Nursing homes may pay the following damages in an elder abuse claim:

  • Prescription and over-the-counter medication costs
  • Hospitalization fees
  • Surgery costs
  • Physical and rehabilitative therapy
  • Psychotherapy
  • Transportation to and from physicians’ offices
  • Ambulance transportation
  • Doctor’s visits

Lost Wages

In a typical injury case, the injured party might seek damages for wages lost while they recover from their injuries. Nursing home residents do not work, but their loved ones do. If a loved one must quit their job to care for their family member who was abused personally, they may seek damages under exceptional circumstances.

Also, if the nursing home resident does work, they may seek compensation for the hours missed or inability to work in the future because of their injuries.

Cost of Relocation

In nursing home abuse cases, the victim is often moved to another nursing home. This might involve new administration fees, residential fees, and the cost of transporting their personal property to the new nursing home. Residents or family members may claim these costs in their lawsuit. Also, fees paid to the nursing home during the time of abuse may be eligible for a refund.

Pain and Suffering

Any victim that suffers physical and emotional pain can receive damages from the person responsible. These are non-economic damages that are based on the severity of the injury and the long-term damage done to the victim.

The more serious the injury and abuse, the higher the non-economic damages will be. If you can prove that your loved one suffered greatly and that they will be affected for the rest of their life from that abuse, the pain and suffering damages may increase.

Punitive Damages

Punitive damages are a particular category of damages that will not apply in all abuse cases. Punitive damages are seen in cases where the act exceeds ordinary negligence, and the courts feel that the defendant deserves a punishment. When staff maliciously or deliberately abuse nursing home residents, this can qualify for punitive damages.

To recover punitive damages, your attorney must show that the defendant knowingly or intentionally abused the victim. Punitive damages are not designed to compensate the victim; therefore, they are not based off the medical costs, lost wages, and other tangible losses. The court decides the proper amount of punitive damages based on the severity of the malicious or intentional acts.

Proving Your Damages

While you are entitled to multiple categories of damages in an injury case, you must show the validity of the damages you request.

You must not only prove that your loved one suffered harm, but that the nursing home caused that harm to have a valid claim. Once you have established the nursing home is at fault, you must prove your damages – showing the court that you have the right to collect the amount of compensation you are requesting.

The evidence you need to support your damage claim can vary depending on the type of abuse. The more documentation you have, the easier it will be to get the compensation you deserve.

Some evidence you can use to help prove damages include:

Medical Records

You can establish when the abuse started and the extensiveness of that abuse through medical records. Once your loved one began receiving treatments for their abuse, such as broken bones or lacerations, you have the paper trail showing the medical costs associated with the injuries.

You will also have health insurance billing records, prescriptions, doctor’s office visits and notes, and treatment plans that you can use to prove your requests for medical expense compensation.

Photographs

Photographs of the bruises and other injuries will help establish that your loved one suffered injuries. They will also help the judge or jury visualize how severe those injuries were. This helps prove your request for medical compensation, pain, and suffering.

Diaries

Your loved one might keep a journal outlining the abuse. This diary might describe who was responsible for the abuse, when it happened, and how it impacted your loved one’s quality of life, emotions, and mental state.

Personal Observations from Family Members

Your personal observations as you care for your loved one or when you suspected abuse could also help prove your case. You can discuss the emotional or physical changes you saw in your loved one, their living conditions, and what led you to suspect abuse.

Investigative Reports

When you suspect nursing home abuse, you report it to the local authorities. Not only would you have a police investigation, but the state’s health department is likely to investigate as well and issue their findings in an official report. You can use both reports to prove the conditions of the nursing home, staff, and anyone found guilty of abuse.

Receipts

If you want compensation for costs like transportation to and from doctors’ offices or the cost of relocating your loved one to another nursing home, you need to document how much you spend out-of-pocket and keep receipts to prove these were valid charges.

Working with an Attorney Is Critical

Nursing home abuses can be hard to prove, especially when the abuse is allowed to go on for several months before it is detected. Medical expenses that you thought were unrelated could then be identified as stemming from the injury. And sometimes witnesses or evidence is harder to track once a few months pass by.

It is best that you consult with an attorney that handles nursing home abuse cases to explore your options. An attorney can identify what damages your loved one could receive and also help prove that these damages are valid in your claim.

Furthermore, your attorney identifies all liable parties for the abuse, ensuring that not only the abuser but their employer and the nursing home are held accountable for allowing an abusive caregiver into their facility.

Contact an Attorney for Your Consultation Today

After you have reported the suspected abuse, contact Malman Law to explore your legal options. We fight for victims of nursing home abuse, and we ensure that our clients receive the compensation they need to recover from this heinous crime.

Contact us today to schedule a free consultation with our attorneys at 888-307-7068 or request more information online.

Most people do not put much thought into walking down the sidewalk. You just assume that if you are walking, pushing a stroller, or your child is riding a skateboard that the sidewalk is safe. All it takes is a crack, sheet of ice, or uneven pavement to make a person unexpectedly topple face first onto the concrete.

In most trip and falls, there are no serious injuries. However, there are instances where a person might trip, slip, or fall on a sidewalk and suffer from more severe injuries like broken bones, lacerations, or a traumatic brain injury (TBI). When sidewalk injuries result in serious harm, you may want to know who you can hold accountable for those injuries – whether it is the owner, city, or a third party.

Common Causes of Sidewalk Injuries in Chicago

Sidewalks are used heavily, especially downtown. These surfaces remain in place for years before they undergo repair, and sometimes they are put on the backburner due to city budgetary constraints. Some common causes of serious injuries on sidewalks include:

  • Cracks – A crack in the sidewalk creates uneven surfaces and raised elevations. They typically develop from trees, severe weather changes, soil shifting underneath, age, and the dramatic changes between hot and cold weather that Chicago often sees. Sometimes, a crack might occur because of deteriorating materials or poor construction.
  • Potholes – Potholes typically develop as the concrete separates. Water pooling during the rainy season, snow, and ice all create potholes. Potholes not only form an uneven surface, but they also provide an area where water can pool and freeze quickly in the winter – both create tripping hazards.
  • Debris – Sometimes, it is not the sidewalk itself but what is on the sidewalk that causes an injury. Sidewalks are littered with debris, including fallen leaves that become slick, children’s toys, lawn care equipment, construction debris, and more. Any of these items can create an unsafe surface.
  • Ice and Snow – A common cause for a slip and fall on concrete is ice and snow accumulation. Ice is difficult to see, and even a person walking carefully can experience a severe slip and fall.

How the Law Dictates Responsibility for Sidewalk Repairs

Property owners are required to repair uneven surfaces, potholes, and any obstacles that could create a safety hazard on their sidewalks. Property owners must correct the problems on sidewalks designated as part of their property and those in front of their property. Most cities require that they remove snow and ice accumulation within a reasonable time after a storm.

One thing to remember is that a broken sidewalk might not be the homeowner’s responsibility but could fall on the city, depending on municipalities and regulations. Therefore, you need to know the differences between homeowner responsibility and city responsibility.

Homeowners and Business Owners

Cities have different regulations regarding sidewalk maintenance. Most, however, hold homeowners and business owners responsible for any sidewalk adjoining their property.

The city of Chicago, for example, requires that property owners remove snow and ice from their sidewalks per Municipal Code of Chicago 4-4-310 and 10-8-180. The code requires that snow is removed as soon as possible after it falls. And if the snow falls between the hours of 7:00 am and 7:00 pm, it must be removed before 10:00 pm. Snow that falls overnight must be removed by 10:00 am the following morning.

Therefore, if you were to trip and fall on a sidewalk because it was slick with ice and that homeowner or business owner failed to remove the ice in the designated time, they would be responsible for your injuries.

The same goes for removing tripping hazards such as lawn care equipment or children’s toys on the sidewalk. If you were to leave obstacles on your sidewalk that later lead to someone tripping and falling, you could be liable for their injuries.

Municipalities

Typically, the city or municipality is responsible for sidewalks that are not adjoining private property. The liability is similar to private property where the municipality must try to make their sidewalks safe – including repairing any defects or dangerous conditions.

Chicago does have a sidewalk program where homeowners can apply for a reduced replacement cost and share the replacement and repair costs of their sidewalks with the city. Normally, a homeowner would be required to replace these sidewalks. But in this case, the city offers a shared cost program to rehabilitate sidewalks that would typically be at full cost for the homeowner or business owner.

The Issue of Reasonable Time

Every time a pedestrian is injured in a trip, slip, or fall on a sidewalk, the property owner is not always at fault. The law gives a reasonable homeowner time to correct a safety hazard on their property.

For example, ice builds up on a sidewalk overnight in front a store. The store had closed at 7:00 pm and a pedestrian walking through at midnight slips on the ice and injures themselves. The snow and ice did not accumulate until after the store had closed. Therefore, it is unlikely the store’s owner would be liable, because they did not have a reasonable time to find the ice and correct it.

If that same store owner did not clear the ice by morning, especially within the Chicago snow removal time limits, then they would be liable if the pedestrian was injured the next day.

How Much Time Does the Court Consider to Be Reasonable?

What is reasonable to some might not be reasonable to the court. Instead, the court considers how much time a person would have to discover the defect and correct it. Snow and ice removal would have less of a timeframe compared to more serious flaws. However, if the property owner does not take measures to deter people from the defect, then they could still be liable – even if they are waiting for the defect to be repaired.

This is because injuries like this come down to negligence and a person’s duty of care to the public. If you know your sidewalk is dangerous and there is a defect that could easily trip someone, leaving it there could still make you liable, even if you have a contractor coming to repair it the following week. The only way to escape liability would be to tape off the area or put up signs warning of the potential hazard – similar to a store posting a “wet floor” sign on slick surfaces.

The Exception for Government

The government is responsible for millions of square feet of sidewalk. Therefore, it is unreasonable to expect them to patrol every inch in the city and be liable the second a pothole or crack forms. The only way to prove the city knew of the defect is through proper notices.

Actual Notices and Constructive Notices

Actual notice is when a citizen writes a complaint to the municipality informing them of the dangerous condition. While this serves as proof the city knew of the defect, they may not be liable if the flaw was too minor.

Constructive notice is when the municipality is aware of a dangerous condition that would not be classified as “minor.” For example, a large pothole in a sidewalk or piece of sidewalk that has lifted several inches because of tree roots.

Proving Your Claim Is Key

Proving a sidewalk trip and fall case might be difficult, but it is not impossible. You will need to show credible evidence that the owner or city knew of the defect and failed to rectify it. You can do so by providing:

  • Photographs: Photographs of the dangerous sidewalk condition are the best piece of evidence you can collect. A picture with a measuring device showing how big the pothole or uneven surface is can also help.
  • Witness Statements: Other witnesses who saw you trip and fall or that have witnessed the dangerous condition can also prove your claim.
  • Surveys: Sometimes owners will claim that the sidewalk is not their responsibility. The only way to prove the sidewalk is their property is through the local tax department. You can look up the survey plot and property’s boundaries, which demonstrates the party responsible for the sidewalk.
  • Damages: Even if you can prove there was a dangerous condition and you know who is responsible for the sidewalk, you must have damages. An accident without damages does not qualify as a valid case. Damages come in numerous forms but often include medical costs, lost wages, pain, and suffering.

Speak with an Attorney about Your Sidewalk Trip and Fall

If you or a loved one was injured in a slip, trip, or fall on a sidewalk, it is essential that you speak to an attorney. Identifying the party at fault can be difficult in these cases, and proving your case requires someone with experience handling sidewalk injury claims.

Let the team at Malman Law help you with your case. Schedule a free, no-obligation case evaluation at 888-307-7068 or request more information online.

Motorcycle accidents are one of the more devastating types of traffic incidents. If you consider the lack of protection a motorcycle rider has, you can understand why the risk of physical harm is so much more significant for a person riding a motorcycle when they are in an accident.

Often, the injuries from a motorcycle crash are much more severe and usually last long-term compared to the passenger in a regular vehicle. When you file a claim for your motorcycle accident, you need an attorney ready to address the long-term consequences of your accident. The compensation you receive needs to look at your medical expenses, and these expenses could add up quickly.

The Long-Term Financial Consequences of a Motorcycle Accident in Chicago

The medical expenses are extreme from the moment the crash happens. Think about the costs of an ambulance, hospital visit, surgery, and aftercare. Then, consider the follow-up appointments, treatments, medications, equipment, and more.

These can add to thousands of dollars. And even if you have excellent health insurance and automobile insurance, it is rarely enough to cover the long-term costs.

Some Injuries Yield Higher Costs

Specific injuries will result in escalating medical costs:

  • Traumatic brain injury (TBI)
  • Nerve damage
  • Spinal cord damage
  • Paralysis
  • Amputations
  • Disfigurement
  • Burns
  • Neck injuries
  • Back injuries

Most of these injuries are common in a motorcycle accident. Some victims suffer severe road rash, which requires skin grafting, plastic surgery, and may still result in permanent disfigurement.

With these injuries come serious financial obligations and costs that are often long-term as well:

  • Longer hospitalizations and multiple hospital stays for surgeries and follow up treatments
  • Physical, vocational, and psychological therapy
  • Nursing care in-home or at a special facility
  • Medications, including over-the-counter prescriptions
  • Long-term counseling for the emotional trauma
  • Medical or assistive devices such as prosthetics or wheelchairs
  • Long-term, in-home, or specialized care such as care at a rehabilitation center or burn center

Therefore, you can see that not only do you have the initial expenses, you also have the long-term consequences like losing work, missing out on wages, or being permanently disabled. When you have no income, the burden of these medical expenses grows. Your insurance benefits might be exhausted, and you will be paying for these out of pocket if you do not receive a settlement to offset the cost.

Form some victims, this burden lasts a few weeks. But for most catastrophic motorcycle accidents, the burden continues the rest of their life.

If you are permanently unable to work, how would you cover the long-term medical costs that lie ahead? How will you maintain insurance benefits without an employer?

The Physical Consequences That Lead to Higher Medical Costs

When your attorney assesses the long-term medical costs for your claim, they look at the injuries and physical consequences from that accident. All these physical consequences result in a higher medical cost expectation.

Some of the consequences might include:

  • Traumatic Brain Injury – A TBI has long-term effects that will vary depending on the area of the brain injured. You may have problems like cognitive impairments, seizures, loss of hearing or vision, chronic pain, insomnia, mood swings, and even periods of lost consciousness.
  • Nerve Damage – Permanent nerve damage can result in numerous surgeries, muscle weakness, paralysis, organ dysfunction requiring machine assistance, respiratory distress, and treatments that attempt to help you regain some function.
  • Neck Injuries – A severe neck injury could result in long-term pain, migraines, vision issues, and even damage to the nervous system that will affect your ability to function.
  • Amputations – Amputations can result in many long-term costs. Not only is there the pain, but there is also the emotional and mental trauma, cost of prosthetics, complications with phantom pains, and the physical therapy needed to help a person learn to adapt to living without a limb(s).
  • Spinal Cord Injuries – Spinal cord injuries can become extremely costly long-term. There is the need for continuous treatment and the victim may require life support. The victim could also lose function of specific bodily organs – like bladder control. They may be permanently paralyzed and need long-term care. Physical or occupational therapy might be required for months so that they can learn to cope with limited mobility.
  • Burn Injuries – Burn injuries may require multiple surgeries. Cosmetic surgery is expensive, and the costs alone will easily venture into the tens of thousands. A burn victim may also need psychological therapy to cope with their new appearance and possibly lower self-esteem. They may undergo treatment for infections, have reduced strength, adopt a range of motion issues, and even more that requires ongoing treatment.

Think of the True Costs

When you receive a medical bill, you see that bill. But, what about the many others soon to come? What about the long-term care that you might not have considered?

Just some of the long-term costs that you want to ensure you receive compensation for include:

  • Surgeries – Surgeries are costly. Depending on the severity of the injuries, you could require multiple surgeries that span over a few months or weeks. These surgeries could be life-saving such as repairing organ damage. Then, you may have other operations to correct cosmetic issues like burns or severe scars. You may need surgeries if you develop an infection in one of your wounds or surgeries to repair nerve damage.
  • Hospitalizations – You might be hospitalized initially after your accident, but then you may continue to be hospitalized after every surgery. If you have complications such as an infection, you could be readmitted. A few days’ stay adds up quickly. And the more you are admitted, the higher your hospitalization costs will get.
  • Prescription Medications – Prescription medications are costly. If you do not have good medical insurance, you may find that you cover most of them out-of-pocket. That could be hundreds in prescriptions plus over-the-counter medications for the rest of your life that you need to consider.
  • Doctor’s Fees – Each time you meet with a physician for a follow-up or diagnosis, you have an office fee that you will pay. For serious injuries, you may have multiple physicians you see throughout the week – quickly adding to your costs.
  • Physical Therapy – You may require physical therapy to help you recover from your injuries, regain mobility, or learn to cope with issues stemming from amputations. These appointments can be several times per week for months.
  • Medical Equipment – Following an amputation, you may need a prosthetic, wheelchair, or need to install assistive devices in your home so that you can live comfortably. All these costs are long-term, and the needs may only increase if you do not get better as time goes on.
  • Diagnostic Tests – It is likely that you will have multiple tests administered – not only for the initial diagnosis, but after treatments and as follow-ups. These can include imaging like CT Scans, X-Rays, MRIs, PET Scans, and more. Also, you have the diagnostic workups like blood work and laboratory analysis.

You Should Not Have to Pay for the Long-Term Medical Costs of an Accident

You did not cause the motorcycle accident, but you find yourself going into debt daily from covering the medical costs of that accident.

Instead of struggling, meet with an attorney from Malman Law.

Our attorneys understand what you are going through. We have helped clients in your position, and we know the long-term costs that you are likely to face. We want to help ensure you not only get the compensation you deserve for past expenses, but also the future expenses that will continue while you recover or live with your injuries.

We are here to negotiate with the insurance company and fight for your right to compensation.

To see how much you might qualify for, schedule a free, no-obligation consultation with our team today. We will aggressively fight for your right to compensation for past, current, and future medical costs. We also will work to get you compensation for lost wages, pain, and suffering.

You did not cause the accident, so why shoulder the financial consequences of it?

Meet with an attorney from Malman Law today by scheduling a free consultation at 888-625-6265 or request more information online.

After a car accident, you go to the hospital, receive treatment, see your doctor, get prescriptions, and take some time off work to recover. At the time, you are not worried about the medical bills. As time goes on, however, the bills come in, insurance deductibles drain your bank account, and before you know it, you are overwhelmed with the cost of an accident.

You assume insurance will kick in soon enough, so you keep waiting it out. A few months later, you receive a letter saying your claim was denied, and now you have no way to pay for your medical expenses – let alone everything else.

When it comes to personal injury claims, the delay between receiving payment and the bills sitting in front of you that are due today tends to stretch itself out. The insurance company might act friendly on the phone and even say they are there to help. But they are stretching you until you are ready to take even a low-ball settlement for financial relief.

There is no doubt that paying for medical costs after an accident becomes an overwhelming burden. Therefore, you need to understand who pays for them, how you can receive money, and your options when the insurance company unfairly denies your claim.

Understanding Medical Payments after a Chicago Car Accident

It is a no-brainer to seek medical treatment after a car accident. You did your part and sought treatment only to find yourself facing hundreds (if not thousands) in medical costs. Even if your injuries are starting to heal, you have expenses that came out of pocket and you still have physical therapy and in-home care costs rolling in. The providers of these services do not care that you are waiting for an insurance payout – they want their money now.

Whether you are ready to file a lawsuit or not, you need to understand how the medical bills get paid between the time you are injured and eventually receive a settlement.

Who Pays the Medical Bills?

There is a common misconception that an injury attorney pays for medical costs while you wait for a settlement, but this is not true. Your attorney does track your medical costs, and they ensure that the damages you receive include all the relevant medical expenses. However, they do not pay the bills for you.

Ultimately, you are the party responsible for your medical bills. When you seek treatment, you sign documents agreeing to such. Therefore, you must rely on your insurance or the other party’s insurance to pick up the cost of those expenses for you. Otherwise, you must use your funds to pay for them.

Do Not Take the First Settlement Offer

Even though the other party’s insurance may be liable for those medical costs, you should not take the first settlement they give. Early in the process, especially if it is obvious the other driver caused the accident, you could receive a settlement offer. These tend to come before you have recovered or even have time to assess your injuries.

The company wants you to sign a release of liability and take the money. By signing it, you cannot seek further compensation. They do this hoping that you will be desperate enough for money and not realize that the amount offered is too low for future costs.

Before taking any settlement, you should consult an attorney to see if it is fair. An attorney can evaluate your overall costs and determine if the settlement covers future expenses that you might not have thought about.

Med Pay Coverage Could Help

While you wait for the other party to settle, you may be able to use your own Med Pay coverage in your automobile insurance policy. Note: this is not guaranteed coverage. Instead, you add on medical payment coverage as an option when you sign up. Therefore, if you did not add Med Pay, you will not have payments from your automobile insurance company.

Using Health Insurance to Bridge the Gap

You may be able to use your health insurance to bridge the gap between the time you need medical care and the time you receive a settlement. This process is known as subrogation. Your health insurance does pay for the medical costs, but only until you receive a settlement. Once you have a settlement, the insurance company will receive the portion paid by them to your medical providers. This ensures that you are not double paid for injuries.

Typically, to ensure payment, the insurance company places a lien on your settlement. That forces your attorney to satisfy the lien before they can legally distribute your settlement.

Liens from Other Healthcare Providers

When your healthcare provider knows that you are receiving a settlement, they may place a lien on that settlement just like insurance. In this case, you and your insurance company do not pay them. Instead, they will receive payment for medical services out of your settlement once your attorney receives it. Again, your attorney must first pay the liens; then you receive the remainder.

How Long until Your Medical Bills Are Paid?

Bills that are not covered by your medical or automobile insurance are typically paid once your case settles. The settlement process can take a few months to a few years, depending on how the insurance company defends their side.

Multiple companies will have a hand in your settlement, which may delay the process. Not only do you have the defendant, but you also have the insurance company, billing departments, lawyers, and medical professionals all working to find a settlement – adding unnecessary delays.

Typically, the settlement process starts once your doctor clears you or says that you will not recover any more from your injuries. Your attorney waits for this point because that is the safest point to start seeking compensation. Your attorney does not want to settle before you have reached your full recovery period. If they do, there may be unknown costs in the future that you may have to pay for after settlements are done.

Once you have reached maximum recovery, your attorney will gather all medical costs – and any potential future medical expenses estimated – and work those into their settlement expectations.

Sending Copies of Bills to Your Attorney

One way to ensure that all medical providers are paid, and that you are not obligated to pay out of your pocket later, is to send a copy of the bill to your attorney via mail or email each time you get one. Your attorney will then have a running tally of all medical costs you must have reimbursed in the settlement.

Also, keep copies of medical records and anything you pay for out-of-pocket. This includes:

  • Prescription medications
  • Over the counter medications
  • Medical equipment
  • Gas to travel for medical appointments
  • Copays
  • Deductibles

Avoid Collections

While you are waiting for a settlement, you may not have the funds to pay for medical costs. Do not let these bills pile up and ignore them. Instead, contact the individuals and tell them that you have a settlement in process. Make sure they understand the situation. Because once you go to collections, the other side is not liable for the added fees associated with that. You are still obligated to pay all medical bills regardless.

Some companies will wait for your settlement, while others will accept small payments until you have the debt paid off. Keep records of any payments you make to these companies so that you receive the payment for them instead of the company itself.

So, Why Hire an Attorney?

You might wonder why you should hire an attorney if they are not going to help with your medical bills. While your attorney might not pay for them outright, they are there to ensure you get through the process and receive the settlement you deserve. Furthermore, they speed up the settlement process so that your bills have less chance of going to collections or you find yourself broke from paying the costs.

The attorneys at Malman Law have helped countless victims just like you receive the money you need for your injuries. We understand how the process can be overwhelming and even outright frustrating. We are here to help you lessen the burden, negotiate with insurance companies, and get your medical costs paid so that you are not overwhelmed.

Schedule a free consultation with our attorneys today at 888-625-6265 or request more information online about how we can help you.

An older adult in a nursing home or assisted living facility is at risk of being abused or neglected. Sadly, most of these cases go unreported and unnoticed. The signs are not always inherently clear, especially for emotional or financial abuse. This makes it hard for family members to recognize the problem right away.

Emotional abuse comes in many forms. Physical abuse is often apparent from bruising, broken bones, and other outright signs. Unfortunately, emotional abuse is one of the more common and underreported, because the symptoms are not as psychically visible.

Emotional abuse may happen in the nursing home and assisted living facility setting. The abuse itself may come from a caregiver, assistant, volunteer, or family member. It typically involves emotional or psychological distress and pain, which can cause long-term damage.

Exploring the Types of Emotional Abuse Seen in Chicago Nursing Homes

Emotional abuse does not require verbal contact. In some instances, it can be nonverbal gestures. Therefore, it is vital that you understand the ways a person can be emotionally abused so that you better understand how to look out for symptoms of the psychological distress that stems from it.

  • Humiliation: Humiliating or ridiculing a person in front of others or alone.
  • Terrorizing: Making them fear for their lives, submit to demands for food or water, and menacing the victim.
  • Ignoring: Completely ignoring as a punishment.
  • Demeaning: Continually blaming the person, using demeaning behavior, scapegoating, and making the victim feel at fault for the abuse.
  • Intimidation: Using verbal threats, physical cues, or yelling at the victim to intimidate them into acting or doing something. Threats of physical violence if they tell loved ones about the abuse also qualifies.
  • Isolation: Purposely isolating the victim from social activities, friends, and loved ones to control them.

How Common Is Emotional Abuse in Nursing Homes?

According to the American Public Health Association, they estimate that 2.5 million elders were victims of emotional abuse in 2006. Unfortunately, emotional abuse is more underreported than physical, so these numbers could be higher. Neglect is the most commonly reported type of abuse in nursing homes, and physical abuse cases often report emotional abuse as well.

Not all emotional abuses cases have physical violence, but a clear majority do.

Understanding the Signs and Symptoms of Emotional Abuse

Without a physical scar left behind, identifying emotional abuse becomes more difficult. However, there are some common signs a person might display if they are the victim of psychological abuse, including:

  • Lower Self Esteem – Do you notice your loved one’s self-esteem has dropped lately? Do they give themselves little to no credit or put themselves down? They may lose confidence in their ability to do things or undervalue their worth.
  • Avoiding Eye Contact – As emotional abuse increases, the victim may not make eye contact with the abuser. They may also start avoiding eye contact with anyone in a social setting.
  • Stops Speaking Openly – The victim might not talk to friends, family, or other caregivers openly. They may have trouble communicating or seem reluctant to communicate out of fear of retaliation from the abuser.
  • Changes in Eating or Sleeping – A victim might have night terrors or nightmares, be unable to sleep comfortably, stop eating and drinking, or refuse medications as part of their depression or fear.
  • Withdrawn and Depressed Suddenly – If the person is ordinarily upbeat and suddenly becomes withdrawn, depressed, or hopeless, it is a warning sign of potential emotional abuse. They might seem disturbed, scared, on edge, or even have symptoms of anxiety.
  • Suicidal Thoughts or Tendencies – If they seem like they have a desire to hurt themselves or make suicide attempts.
  • Becomes Anti-Social – If they withdraw from social interactions, avoid gathering in the community, or start refusing friends and family members who visit, it could be a sign of emotional abuse.

How Is Emotional Abuse Diagnosed?

The symptoms of emotional abuse can overlap regular depression at times, which makes it hard for the abuse itself to be diagnosed. Sometimes, family members will assume their loved one is depressed, and medical professionals may diagnose and treat the depression without finding the underlying cause.

If you suspect emotional abuse, report those suspicions to the government agency overseeing nursing home care in your state immediately. The state assigns a caregiver advocate who will then investigate the potential abuse. These individuals are trained in diagnosing emotional abuse and neglect. They will ask a series of questions to the potential victim as well as interview caregivers and other residents in the facility to identify whether emotional abuse is occurring.

Treating Emotional Abuse Is Difficult

Emotional abuse, especially abuse that can continue for several months, can cause long-term psychological trauma. A person may fear those outside of their comfort circle, be unable to handle new caregivers out of fear, and suffer from long-term depression or anxiety. Some may even have Post Traumatic Stress Disorder (PTSD) from their experience.

Once emotional abuse is diagnosed, removing the person from the environment is the first step toward recovery. They will be placed somewhere they feel safe, which might include living with family or attending an adult daycare. Then a counselor will help work with the victim. Physicians may need to prescribe medications to help the victim cope with the distress, recover sleep, and calm anxiety.

Holding Nursing Homes Liable for Emotional Abuse

When a nursing home resident feels helpless, scared, or suffers from emotional trauma in a nursing home, the caregiver and the nursing home itself might be liable for the damage caused.

Emotional abuse is extraordinarily challenging to treat, and the suffering associated with it is often long-term. Victims may be permanently scarred from the trauma, require ongoing medication and care, and might be unable to return to a nursing home. This means family members must take on the costs of caring for their loved one at home.

Victims of emotional abuse in a nursing home have the right to hold the nursing home and associated parties financially liable.

It is best to consult with an attorney if you think you have a case for nursing home abuse, including emotional abuse. An attorney will evaluate the factors in your case and determine what compensation you may qualify for.

Some common types of compensation seen in emotional abuse cases include:

  • Medical Costs – While there may be no physical abuse, there are still medical expenses that stem from emotional abuse. The victim might require hospitalization, medication, and treatments with a therapist. These costs quickly add up and can exhaust their medical insurance benefits.
  • Relocation Costs – From moving the victim out of the nursing home to the cost of finding a new nursing home or relocating back home for in-home care, these costs can be recovered in a lawsuit against the nursing home facility. Furthermore, the victim may receive a payback for fees paid to the nursing home during the abuse period.
  • Lost Wages – Family members who must stop working or miss time from work to care for their loved one after the incident may receive compensation too. For example, an adult child must care for their parent at home because their parent has severe PTSD that prevents them from entering another nursing home.
  • Pain and Suffering – Pain and suffering damages are not solely reserved for those suffering physical injuries. The law recognizes the anguish involved in emotional abuse cases. And victims can receive compensation for the mental, emotional, and the ongoing torment they suffer because of their emotional abuse.

Do You Need an Attorney for Elder Abuse?

While you have reported the incident to the state, you may still want to consult with an attorney. The state does not file a lawsuit on your behalf to seek compensation. They may bring charges and fines against the nursing home that caused your loved one’s distress, but to receive personal compensation you must file a claim against the nursing home or caregiver yourself.

An attorney can help you through this process. The team at Malman Law understands what you and your loved one are going through, and we want to help. We hold nursing homes accountable for their negligence, and we ensure that our victims receive compensation for their financial losses so that they can focus on recovering from the trauma of emotional abuse without financial worries looming in the background.

Explore your options today by contacting one of our attorneys for a free, no-risk consultation. You can schedule your appointment now by calling 888-625-6265 or by requesting an interview online.

Personal injury law is a broad category that involves various areas of torts. When you are injured by someone’s negligent, intentional, or unprofessional acts, you have the right to hold them accountable through a personal injury lawsuit for their actions and the injuries they cause.

These injuries can come in many forms and from numerous incidents such as a car accident, slip and fall accident, motorcycle collision, or even medical malpractice. When you suffer an injury, you need to hire an attorney who can represent you against the defendant (the party that injured you) or the insurance company.

Some attorneys practice in numerous areas of personal injury law, while others focus on a specific section of these types of cases. Therefore, when you are looking for an attorney, you need to consider the types of accident and neglect cases they take on and if they fit your injury claim.

What Common Case Types Do Chicago Personal Injury Lawyers Take?

Personal injury law can break off into smaller categories, and these categories also hold various accident types and claims.

Vehicle Accidents

Vehicle accidents can involve two passenger vehicles, a vehicle versus a semi-truck, or even a vehicle versus a pedestrian or cyclist. These accidents are the most common type of claim that an injury attorney will handle, and they may be simple or complex, depending on the situation.

In a trucking accident case, for example, you may have multiple parties involved in the claim. These parties can include the truck driver, their employer, the company that owned the truck, and even the company engaged in the truck’s maintenance. In a two-vehicle crash, you may only have the two parties involved.

Vehicle accidents can also include the more complicated issues that lead to a vehicle accident, such as:

  • Drunken driving
  • Distracted driving
  • Reckless driving
  • Fatigued driving
  • Uninsured or underinsured motorists

How Does an Attorney Help in a Car Accident?

Car accidents might seem straightforward – until you get to negotiating with insurance companies. The primary goal for the insurance company is to reduce how much they pay. After all, they run a business. And like any business, they want to protect their bottom line.

Insurance companies are notorious for offering lower settlements than what the victim deserves. When you work with an attorney, they ensure you receive a fair settlement for items like:

  • Medical expenses (including any future medical costs you might have from your injuries)
  • Lost wages
  • Loss of earning capacity – when you are disabled and cannot work
  • Property damage
  • Pain and suffering

Medical Malpractice

Medical malpractice involves medical professionals (e.g., physicians, chiropractors, dentists, psychologists, nurses, medical assistants, and other healthcare workers). When a professional causes injury, the legal system allows you to hold them, and sometimes their employer, liable for those injuries.

Medical malpractice can occur in numerous ways:

  • Misdiagnosis or Delayed Diagnosis – The art of diagnostics is not easy. However, physicians are held to a higher standard. If they fail to diagnose you correctly or delay the proper diagnosis because of their negligence, you may have a malpractice case against them. For example, a physician determines a diagnosis without running the appropriate tests. Had they run the indicated tests, they would have come to a different diagnosis. You suffer injuries because of this misdiagnosis and therefore may hold the physician liable.
  • Surgical Errors – Surgical errors are surprisingly common and include everything from leaving objects inside the patient to causing injuries during surgery to operating on the wrong side.
  • Medication Errors – Medication errors include things like prescribing the wrong medication, dispensing the wrong dosage, administering the wrong medication, failing to inform a patient, or prescribing a combination of drugs that cause a dangerous interaction.
  • Improper Treatment – Sometimes, the right diagnosis is made but the wrong treatment administered. A doctor might use a treatment not indicated or use an ineffective treatment that forces the patient’s condition to worsen.

If the patient can prove that there was a relationship between the action and the injury, that the healthcare worker had a duty of care, and that the duty of care was breached – the patient might have a malpractice case.

Workers’ Compensation

Workers’ compensation laws protect workers in the United States. Each state employs laws that require employers to carry proper insurance and dictates how an employee may seek benefits when they are injured during regular employment.

Workers’ compensation is not the same as filing a civil lawsuit. Instead, attorneys are hired to ensure the employee’s benefits are received and that the insurance company does not unjustly deny a claim.

Not all injury attorneys practice in workers’ compensation, because it is a complex area of the law and sometimes may include a private third-party lawsuit, depending on the circumstances of the injury.

Typically, an attorney will help any worker, including:

  • Construction workers
  • Factory workers
  • Union members
  • Railroad workers
  • Truck drivers

Product Liability

Product liability is a unique area of the law. In this case, you are not holding a private party responsible for your injuries or illness. Instead, you are holding a company responsible. Companies have a duty to the public to ensure that their product (regardless of what the product might be) is safe before releasing it. That includes performing tests, conducting in-house quality control, and removing unsafe products once they are identified.

These claims often involve consumer products like:

  • Motor Vehicles
  • Toys
  • Kitchen Appliances
  • Food and Drink Products
  • Prescription Medications
  • Power Tools

Product liability claims come in three general forms:

  1. Design Defect – Design defects mean the product was defective from the concept. Even with proper manufacturing, an inherent flaw exists that causes injury or death.
  2. Manufacturing Defect – Manufacturing defects mean the product has a safe design, but something went wrong during the manufacturing process. This might mean a defective component or faulty wiring. Not all items are flawed, but typically a batch will have these defects and cause injuries.
  3. Marketing Defect – Marketing defects involve how the product is marked or how warning labels were provided to consumers. Inadequate warning labels that result in injury or a product marketed for a use it was not originally approved for all fall under this category.

Nursing Home Abuse or Neglect

Nursing homes have a duty to care for their residents. That includes ensuring they have a safe environment, remain hydrated and nourished, avoid accidents, and the administration of medications or medical care when necessary.

Nursing homes today are overbooked and understaffed. Some fall well below the state standards for safety, which results in serious injuries or deaths.

Common issues that require an attorney’s assistance include:

  • Physical, emotional, or mental abuse by nursing homes and their staff
  • Sepsis
  • Fractures
  • Slip and fall injuries
  • Malnutrition or dehydration
  • Bed sores
  • Wrongful deaths
  • Clogged feeding or breathing tubes
  • Unreasonable use of restraints
  • Financial exploitation
  • Sexual harassment

Premises Liability

Premises liability is a concept in personal injury law where the victim was injured by a defect or unsafe condition present on an owner’s property. In these cases, the property owner, management company, or even a tenant might be liable for the injuries caused.

Premises liability cases typically involve:

  • Slip and falls
  • Snow or slippery walkway conditions
  • Inadequate maintenance
  • Negligence security
  • Dog attacks
  • Swimming pool accidents
  • Elevator or escalator injuries
  • Fires
  • Water leaks or floods
  • Mold
  • Chemical exposure or toxic fumes

Premises liability accidents happen anywhere, including on commercial and private properties. For example, you might slip and fall on an icy sidewalk in a neighborhood or slip on a wet surface in a grocery store.

Wrongful Death

Wrongful death occurs when someone’s negligence leads to the premature death of a loved one. All the practice areas mentioned above can funnel into wrongful death, because these acts can take a life.

Attorneys that offer services in wrongful death cases hold parties responsible for causing the premature death. They also ensure loved ones receive compensation for their losses. These accidents and incidents that might lead to a wrongful death case include:

  • Car accidents
  • Workplace injuries
  • Construction accidents
  • Defective medication or products
  • Nursing home abuse or neglect
  • Surgical errors
  • Medical malpractice

Typically, a wrongful death case will require that the victim suffered injuries that would have resulted in an injury claim had they survived. Each state has unique laws regarding wrongful death cases, who can file the claims, and how compensation is distributed to loved ones. Therefore, it is best to involve an attorney so that you do not have to try and decode these complex laws yourself.

Injured? Consult with an Attorney to Explore Your Options

If you or a loved one suffered from injuries and you believe that you have a valid claim, speak with a personal injury attorney. The team at Malman Law can meet with you for free to discuss your case. Also, there is no risk in hiring our attorneys because we only collect if we succeed and you receive compensation.

Schedule your free consultation today at 888-625-6265 or request more information online.

Chicago Sex Abuse Attorney

Representing families of sexually assaulted CPS students

Chicago public schools are supposed to be safe zones for your children. Unfortunately, they are the very place where sexual abuse is occurring.

At Malman Law, we represent innocent children — now or in the past–who have been sexually assaulted at school.

The facts are alarming. Over 500 students have been sexually abused by CPS employees over the past decade. Two principals were recently removed from their duties pending investigations into how they handled sexual abuse allegations.

Misconduct takes many forms. But there’s one thing that all these incidents have in common: They happened because someone failed to protect our children.

If you believe a child has been sexually violated, call Malman Law for a free and confidential consultation.  We’ll investigate, at no charge to you.

Call Malman Law at 1.888.307.2051 

Why is CPS responding to this crisis now?

Now, suddenly, after years of sexual misconduct and abuse of CPS students, is CPS taking additional actions to safeguard our children.

Why now?  Because journalists and investigations have shined a bright light on the problem, exposing the lack of safety measures that protect CPS students from sexual predators.

Will this make a difference? Will it stem the tide? What about past students who suffered at the hands of CPS staff members who sexually violated a child, causing lifelong pain and anguish?

Are words enough?

Janice K. Jackson, Chief Executive Officer of Chicago Public Schools (CPS), addresses the matter in a June 2018 letter to parents about sexual abuse in Chicago schools. 

She says, “You entrust us to educate and safeguard your children, and that trust is sacred.”

She then highlights the sexual prevention procedures CPS will now employ.

Betrayed by the People They Trust

  • Conduct background checks for all current employees
  • Develop a framework for investigating and addressing each reported incident
  • Establish an eligibility process for athletic coaches and assistant coaches
  • Propose policies requiring employees to report inappropriate staff-student relationships or signs of “grooming”

But it makes a parent wonder, what was CPS doing before now?

You Are Your Child’s Best Advocate

Predators take advantage of your child’s trust and vulnerability. Your child may be discouraged from reporting abuse, ashamed, tricked into believing that it is normal, or told that he or she consented or “asked for it.”

Only you can protect your child. Stand up and fight for what’s right.

Get Help – Give Your Child a Voice

We will be that voice for you and your child.  Malman Law has represented clients in over 20,000 cases over the past 25 years. We have collected hundreds of millions of dollars for our clients. Our litigators have real courtroom experience, and we will vigorously represent your child’s rights and fight for the best possible outcome.

Our approach is methodical, client-centered and proven. We have an incredible 95% case success rate, and we stand behind our work with a zero-fee guarantee–which means, if we do not collect for you, our services are free.

Sexual abuse in schools is intolerable. Your child deserves to be heard. Your child needs healing. It stars here.

Call us now for a free and confidential consultation at 1.888.307.2051   

Have you ever taken a motorcycle out for a ride only to feel like something was off?

Maybe the bike was too high, or it was so broad that you could not balance.

These types of discomforts not only make riding unenjoyable, but extremely dangerous.

Choosing the right motorcycle is critical to your safety and the safety of passengers as well as those on the road with you. You must be in full control of your bike, have a good fit, and enjoy the road ahead.

Tips for Chicago Residents Ready to Buy a Motorcycle

Whether you have ridden bikes for years or you are new to the motorcycle game, make sure you choose the right bike for the correct use.

Riding is all about comfort, feel, and excitement. To get the most out of your experience, you need a motorcycle that fits your budget, height, weight, and riding skills.

Consider Your Riding Experience Level First

Your level of riding experience is by far one of the most crucial factors to picking the right bike. Some bikes are more newer-rider friendly than others. And if you were to choose the wrong bike, you may find yourself at higher risk of severe injuries.

If you are new to riding, you want a motorcycle that features:

  • Lighter Weight Frame – You want a bike that is lighter when you are new to riding. A lighter frame helps you steer, balance, accelerate, and stop with ease. These bikes are also more forgiving while first learning to ride.
  • Lower Seats – A lower seat height lets you put both feet down on each side of the bike when you come to a complete stop or when you are ready to start the bike. This is more reassuring for the novice rider and keeps you balanced when you stop and go.
  • Anti-Lock Braking Systems – ABS systems are not standard on all types of motorcycles. But if you are new to riding, get a bike that has ABS equipped. This ensures you can stop quickly and safely.
  • Affordability – New riders are more likely to crash. While not always a severe accident, you may drop the bike numerous times while first learning to ride – you do not want to do so while riding an expensive bike.
  • No Specialized Use – All-purpose bikes might not be as exciting, but they are more suitable for newer riders. These bikes do everything well, which helps you build a well-rounded riding experience before you pick the type of bike right for you.

Know the Types of Motorcycles

There is no universal agreement on how many different types of motorcycles there are, but there are broad categories of motorcycles – and you should consider these categories before you pick your bike.

Street Bikes

Street bikes are designed for the asphalt and paved surfaces of city streets. They have lighter tread patterns and smooth tires for better handling and include the following types of bikes:

  • Naked Bikes – Naked bikes, also known as standard motorcycles, do not have all the features of others. They are general purpose use bikes. They keep you upright and in a natural seated position on the bike, and they are highly recommended for riders who are new to street biking.
  • Touring Bikes – Touring motorcycles are designed for longer trips, have bigger engines, and include features like high-capacity fuel tanks, luggage storage, screens for wind and weather protection, and fairings. These bikes are incredibly dense and not ideal for newer riders. They are one of the broader styles of road bikes too, which makes them bulkier for smaller riders.
  • Sport Touring Bikes – These combine the slimness of naked bikes with the comfort of touring bikes. As a hybrid, they are sportier but still have more luggage capacity and systems than naked bikes. They also handle turns and curves differently than a touring bike.
  • Sport Bikes – Sport bikes are one you commonly see on the road. They are those compact, sleek motorcycles built around aerodynamics and speed. They have high-performance engines but are also lightweight. The braking and suspension is better than a naked bike, and they are easy to handle for the most part. You are, however, forced to lean forward when riding these bikes; therefore, they are not ideal for long distances.
  • Cruisers – A cruiser or “chopper” is one you see from manufacturer’s like Harley-Davidson. These have riding positions that force the rider to have feet stretched out in front and their hands placed at about shoulder height. These bikes are much harder to handle around tight curves, which is why they are suited for experienced riders over the novice.

Off-Road Bikes

Off-road bikes are just as they sound: designed for off-road use. They have a lighter weight, rugged construction, and the tire treads are thick and capable of handling dry or wet surfaces. The suspension of these bikes is stronger than street bikes. That is because they are designed for uneven terrain.

Generally, an off-road bike can handle everything from grass to sand to dirt.

Hybrid Motorcycles

Hybrid bikes combine street bikes and off-road bikes to create one dual-use motorcycle. These also ensure the bike is street legal, regardless of the surface you are on.

Hybrid bikes are harder to predict because they depend on the manufacturer’s design and what two bikes they are combining into one. Some come as adventure bikes, which are touring and off-road motorcycles combined.

These bikes are harder to maintain, often require higher grade gasoline, and can be difficult to handle if you are new to riding.

Pick the Right Size

You know the types of motorcycles, but do not forget the size.

Bikes are measured out by engine size. An engine size measures in cubic centimeters (CC), which is the volume inside the engine where fuel and air mix to propel the bike. More CCs does not always mean a bike is faster than one with lower CCs.

Usually, engine sizes are designed around the style of bike. However, various styles come with different CC sizes too. For example, a sport bike will come in multiple CCs.

Most motorcycles that require a motorcycle license range from 350 cc to over 600 cc. These are then put into two classes, which are those above the 35 kW/48 HP class and those below.

Typically, a motorcycle with more than 48 HP will have an engine of 600 cc or higher. When looking at bikes, consider this: every 14 to 17 cc equals approximately 1 HP (horsepower). Therefore, the bigger the CC, the more horsepower.

Newer riders are safer going with a bike that does not have a high CC, simply because those bikes are designed for higher performance and speeds – something a newer rider does not necessarily need.

Word of Caution on CC-Only Decisions

Never solely base your selection on CC. Some starter bikes have a higher CC amount than others but are still suitable for new riders. For example, the Yamaha FZ-07 has a displacement of 689 cc but is still equal to another beginner-friendly bikes. One is known as the KTM 390 Duke with a displacement of 373 cc, and the other is the Suzuki DR 200, which only has 199cc but is very user-friendly.

New or Used?

If you are a new rider, it is safer to pick a new bike over a used bike. While you might think that a used bike is more cost-effective for those incidents you might encounter, you cannot predict how a used bike was cared for or how it will perform. Experienced riders know how bikes operate and respond. Therefore, they are more equipped to handle the unpredictable nature of a used bike.

If you do want a used bike, go to a reputable dealership and request the ownership history of that bike – including accident information. That way, you can ensure you are not buying a rebuilt bike or one that might not be street legal.

Injured in a Motorcycle Accident? Contact an Attorney Today

Accidents on motorcycles happen even for the most experienced riders. If you or a loved one is injured in a motorcycle accident, contact an attorney immediately.

An attorney can help you receive compensation for your injuries. A motorcycle accident often results in more catastrophic, serious injuries than your average passenger vehicle incident. Therefore, you will need someone experienced in these types of accident claims to help you receive the compensation you deserve for medical costs, lost wages, and more.

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