According to the CDC, there were more than 42,000 traffic deaths in 2020. The most common cause of these deaths was speeding and reckless driving. In other cases, the cause of death was distracted driving, such as texting while driving. And in still other instances, The cause of death was alcohol use and aggressive driving.

All in all, more than 90 percent of all car accident deaths can be attributed to negligence. So what do you do when a loved one dies in a car accident due to negligence? You seek compensation by filing a wrongful death claim.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by a close relative or the estate of the deceased. Relatives eligible to file a wrongful death claim are the spouse and children of the deceased. The more distant you are from the deceased, the harder it is for you to file a wrongful death claim.

For this reason, states will disagree on who can file a wrongful death lawsuit. For example, parents cannot file a wrongful death lawsuit in some states if their children are adults, while they can in others.

Proving Wrongful Death in Car Accident Cases

You will be required to prove four important things to win a wrongful death lawsuit that took the life of your loved one:

Duty of Care

To illustrate this point, let us assume that the cause of death was a drunk driver. In this case, we need to prove to the court that if the driver was not drunk, the death would not have occurred. We need to show that the driver was at fault and that the alcohol impaired his driving skills. In simple terms, every driver has a duty of care to other motorists.

Breach of Care

Once we prove duty of care, the attorney will be required to show the court how this duty of care was breached. A good example is when you must drive within a certain speed limit, but you exceed the limit and cause a fatal accident.

Causation

Causation is a term that describes how one event causes another. An example of this is when a speeding vehicle causes an accident due to a burst tire. Most negligent drivers will try to argue causation so that they are not liable for the death. In a wrongful death case, the lawyer must prove how causation is linked to the driver’s negligence.

Damages

The last piece of a wrongful death puzzle is damages. Your lawyer will be required to generate quantifiable damages that you wish to recover. Some of the measurable damages are as follows:

  • Loss of income
  • Burial costs
  • Medical expenses
  • Pain and suffering of the deceased

Consult an Experienced Wrongful Death Attorney

If you have lost a family member due to negligence, you must file a wrongful death claim. For this, you will need to work with a qualified lawyer who is experienced in dealing with wrongful death lawsuits.

When we work together, you can rest assured that the law office of Lane & Lane, LLC will ensure the best possible outcome for your case. You can get in touch via the contact form on this website or by calling 312-332-1400.

A concussion is a type of head injury caused by a sudden jolt, impact, or hit to the head. The symptoms of a concussion vary from one incident to another. You can quickly recover from some symptoms, whereas others can take a long time to heal. A Chicago personal injury lawyer can help you seek damages for a concussion when it’s cause is someone’s negligence.

You may suffer a concussion during a car crash, slip-and-fall, or any other personal injury incident. You must get immediate medical attention even if the injury seems minor. Many concussion symptoms take time to manifest and are categorized as post-concussion syndrome. The diagnosis of this syndrome can play an important role in a lawsuit.

What Is Post-Concussion Syndrome?

Post-concussion syndrome refers to various symptoms caused by a concussion. These symptoms become apparent much later. Some symptoms may become obvious days later, while others can take weeks or even months to manifest.

Nearly 50% of victims of a traumatic brain injury (TBI), such as a concussion, experience this syndrome for up to three months after the injury.

Some symptoms of the syndrome include:

  • A perpetual feeling of tiredness and fatigue
  • Problems with sleeping
  • Mood swings and irritability
  • Poor regulation of emotions
  • Dizziness and problems with maintaining balance

Why Seek Damages for a Concussion?

As noted above, the exact nature and extent of a concussion’s symptoms can take some time to reveal. Some of these are short-term, but others can have a long-term impact on your life. You may also need to undergo treatment for months or even years to recover. All these losses add up and can cause financial problems, a decline in your quality of life, and other issues.

This is why it is important to hold the negligent person or party accountable for such immense losses. Illinois personal injury laws allow you to bring a lawsuit for TBIs, including concussions, caused by someone else’s negligent behavior. You can seek both economic and non-economic damages for the injury.

Talk to a Chicago Personal Injury Lawyer

If you have suffered a concussion in a personal injury incident in Chicago, we want to help you. Here at Lane & Lane, LLC, our lawyers work with you to hold the negligent party accountable and pursue full compensation for your injury-related losses.

Contact us today at 312-332-1400 to discuss your claim with our brain injury lawyers. You can also schedule a free consultation by filling out the following form.

Sexual abuse can result in physical injuries, mental trauma, and psychological issues. It’s especially serious when the victim is a minor. Illinois laws mandate that you must report a suspected incident of child abuse if you are on the list of mandated reporters. It is also best to consult with a sexual abuse lawyer if you suspect that a loved one has suffered abuse.

Unsure whether you’re required or ready to report sexual abuse? First, you must understand what constitutes sexual abuse and whether you qualify as a mandated reporter under state laws.

What is Sexual Abuse?

Sexual abuse is unwanted sexual activity that takes advantage of a victim who can’t or hasn’t consented to the act. When such abuse is directed toward a minor, consent is no longer a factor. All sexual actions towards a minor constitute abuse.

The perpetrator of such abuse may be someone close to the minor victim. It may be a parent, foster parent, guardian, romantic partner, something who is responsible for the child’s welfare, or a resident in the same home. It can also be a stranger who came to interact with the child for some reason.

Who is a Mandated Reporter?

Under Illinois laws, certain professionals qualify as mandated reporters. This means that they must report instances of child abuse or neglect directly at the specified hotline. The professionals who fall in this category include healthcare professionals, educators, law enforcement officers, and more. You can view the full list of mandated reporters here.

If you suspect that a mandatory report has failed to report the abuse of a loved one, you may need to contact a lawyer about your case. They can determine whether you have a lawsuit against the responsible parties, and identify any mandatory reporters who failed to report sexual abuse may face penalties for their negligence.

How to Report Sexual Abuse

If you qualify as a mandated reporter and want to report sexual abuse of a minor, you are required to provide the following details at the state hotline:

  • Names of all the children and adults involved
  • Ages or birth dates of all the children and adults involved
  • Race, gender, and other details for all parties involved
  • Current locations and other relevant addresses for all parties involved
  • Specific details about the incident of abuse or circumstances that created a suspicion of abuse

You can view the full set of guidelines in Illinois’ Manual for Mandatory Reporters.

Once you submit a report of abuse, trained social workers screen the report to see if it should be investigated. Authorities will typically initiate an investigation when the victim is under eighteen, there is reasonable suspicion or proof that abuse occurred, and the perpetrator is an adult who had access to the child.

You must report any instance of sexual abuse, especially one involving a minor, as soon as possible. It’s best to err on the side of caution and report, instead of ignoring a piece of evidence or suspicious circumstances.

Your Chicago Sexual Abuse Attorney Can Help

At Lane & Lane, LLC, we understand that sexual abuse cases can be legally complicated. This is why we help you proceed with such cases with our vast legal experience and highly competent lawyers.

Reach out for a free consultation if you suspect sexual abuse and need help managing your case. Contact us today at 312-332-1400 to discuss your case with our lawyers, or you can fill out our online contact form below.

Even if you are in the middle of a case, you have the right to choose your own Chicago accident lawyer. Changing attorneys isn’t always a hassle. In fact, Changing lawyers to get the best possible result almost always comes at no cost.. Whatever the reason, you can always switch attorneys and find someone who will represent you adequately.

Why Change Your Accident Lawyer?

First, consider why your current attorney isn’t working for you. Maybe you’re wondering if you needed an attorney in the first place. People typically appoint a new injury lawyer for the following reasons:

  • The lawyer never explained his strategy for your case or what you could expect from him.
  • The lawyer did not assist you in determining the value of your case.
  • Your attorney did not contact you right away, leaving you “in the dark.”
  • You only communicate with your attorney on rare occasions, or through a case manager or legal aid worker.

Process for Changing an Accident Lawyer

Changing accident lawyers is a simple process. All you have to do is meet with your new lawyer, sign a power of attorney on your behalf, and notify your old lawyer that he or she can no longer represent you. Your new lawyer will be in charge of obtaining your former lawyer’s paperwork and negotiating a fee split with them.

If your case is going to trial, changing your accident lawyer will be more difficult. A formal request for an attorney change must be filed with the court and approved by the judge. To avoid delays, you’ll need to find a new attorney before filing a motion to replace your counsel.

Payment of Remaining Attorney’s Fees

If you owe any legal fees or other costs and expenses, you must pay them before proceeding with your new attorney. Depending on the terms of your legal contract, your attorney may be able to keep your records until you pay the fees and expenses owed. If you do not pay, they may file a lawsuit against you.

Your former attorney’s fees will be deducted from any compensation you receive from your new counsel, regardless of the amount. A fired personal injury attorney who files a claim with the court may invoke the attorney’s privilege. This allows the lawyer to deduct any unpaid fees and expenses from the final judgment in your case.

Get Professional Legal Guidance Today

If you are considering changing attorneys, please contact our personal injury lawyer, even if your case is still pending. We’ll handle all of the paperwork, costs, and other aspects of switching attorneys from there. Remember, once an offer has been accepted, finding a new attorney can be difficult.

Talk to one of our attorneys about your situation. After confirming the arguments in your favor, they will take over your case. For more information, contact Lane & Lane, LLC at 312-629-5068 or by filling out the online form.

When it comes to personal injury cases, most of us think that compensation is limited to physical and financial damages, which are concrete and measurable. But Illinois law allows you to recover damages from doctors for emotional distress that arises because of their negligence.

If you are suffering from emotional distress because of a doctor’s negligence, you may be wondering what you need to do to sue a doctor for emotional distress. You should also know that it’s perfectly reasonable to be contemplating these things because when we bring in patients to doctors for treatment, we put our utmost trust in their skill and professionalism.

When Can You Sue for Emotional Distress?

If you suffer from symptoms like anxiety, irritability, sleepless nights, or memory problems, among others, and these symptoms started after a loved one died or was permanently injured because of a doctor’s negligent treatment, you may have cause to sue for emotional distress.

What Kinds of Emotional Distress Claims Can You Make?

Generally, you can sue for emotional distress in a negligence claim when the doctor’s negligent act also resulted in emotional distress.

You can also sue for emotional distress even if you weren’t the direct victim, but you were in the “zone of danger” when another person suffered the injury, causing you to fear for your own safety.

Emotional distress claims against doctors usually arise out of medical malpractice, so these claims are made part of a personal injury or medical malpractice suit.

What Do You Need to Prove When Suing for Emotional Distress?

Generally, to win in an emotional distress case, you need to prove that you suffered a physical injury caused by the doctor, were directly involved in the incident caused by the doctor, or you were a bystander with a close relationship to the victim who suffered at the hands of the doctor.

Building a case requires going into the different theories of liability, pinning it on the defendant, and proving a causative relationship between the defendant’s negligence and the emotional distress you suffered.

If you were not the one who the doctor directly treated, but it was instead a loved one or a close family member, proving your entitlement to damages may also be complicated.

Finally, after considering all the important factors that come into an emotional distress suit, you must still comply with the statute of limitations in Illinois. For personal injury cases, Illinois law provides a period of two years within which you must file your claim.

Learn How an Attorney Can Help

At Lane & Lane, LLC, our medical malpractice lawyers know that the consequences of malpractice extend not only to the patient but also to their loved ones. When a doctor’s negligent conduct results in making the patient’s condition worse or leads to his death, the effects cascade to those who were close to the victim.

There should be no reason for you to suffer needlessly because of someone’s negligence. Call us now at 312-332-1400 or fill out the form below for a free consultation with an attorney!

A brain injury can be caused by a hit on the head or a fall that shakes your brain against the inside of your skull. This shaking can cause bleeding in the brain. The bleeding disrupts neurons and can slow down or stop their communication with each other.

The short-term effects of this serious injury are obvious and include confusion, headache, and nausea. People who suffer from brain injuries after an accident or fall sometimes also develop short-term memory problems and can’t remember what was done five minutes ago or recall a meeting that occurred yesterday.

These problems are usually temporary, but in some cases, they become permanent. This is one reason it is so important to seek medical attention after an accident or fall, even if there doesn’t seem to be any injury. The doctor will decide whether you need to have imaging tests that might show hidden problems that could lead to long-term effects of a brain injury.

Vague Symptoms, Serious Consequences

People who have had concussions or other brain injuries often find it hard to focus on tasks at hand and to keep track of their surroundings. You can be irritable and lose your temper more easily than before the injury. You may have trouble finding words you want to use, and other people might have trouble relating to you.

A doctor will assign a grade to your brain injury based on how impaired you are. The higher the number, the more severe the injury. A grade of 1 means you have a mild impairment and 4 means severe impairment or traumatic brain injury (TBI).

Traumatic brain injuries are known to cause depression and anxiety. You might feel sad or hopeless for no apparent reason and lose interest in things you once enjoyed doing. Many people become anxious and find it difficult to go out into public places. Some may even become reclusive to avoid these uncomfortable situations.

Depression is a common long-term effect of a brain injury because the injury affects the frontal lobe of the brain, which is responsible for regulating emotions, behavior, and decision-making. When this area is damaged, it becomes difficult to regulate moods and feelings appropriately, which negatively affects behavior.

Assembling a Team of Helpful Professionals

Your doctor will help you try out different rehabilitation strategies to find out what works. It is important to be aware that rehabilitation takes time. The process may last months or even years. In the early stages, once you’re stabilized, you should consult an injury lawyer.

Whether your injuries occurred on the job, as a result of a car accident, or while walking along the sidewalk in front of your favorite shop, the long-term effects of a brain injury can leave you out of work or disabled. That’s why a brain injury attorney should be part of your team.

Speak with a Chicago injury lawyer at Lane & Lane, LLC at 312-332-1400, or fill out our online contact form to discuss when and how to sue for a brain injury to receive a settlement for your injuries.

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