Flaherty Law, LLC
815-577-7500
24047 W. Lockport Street, Suite 201C, Plainfield, IL 60544
 
Will County Personal Injury Attorney
Call Us Now at 815-577-7500
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Call Us Now at 815-577-7500. Free Consultations.
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Recent blog posts

Plainfield personal injury lawyerEven though fall accidents may seem like minor incidents, they can result in multiple types of serious injuries. A person who slips on a wet floor or trips over an obstacle can suffer bone fractures in the wrists, ankles, knees, or hips, traumatic brain injuries when they strike their head on the ground, spinal cord injuries, or dislocations in joints such as the shoulders or knees. When slip and fall accidents take place at a retail store, victims should be sure to understand when the store’s owner may be held liable for their injuries.

Property Owner Negligence and Premises Liability

Property owners must take reasonable steps to protect customers’ safety or anyone else who was invited to visit the property. This responsibility also extends to a tenant who is in control of property, including stores that lease space where they conduct business. An owner’s responsibility is known as a “duty of care,” and it requires them to correct any hazards that may endanger the safety of visitors or ensure that customers are warned about the potential risks that they may face due to these hazards.

There are multiple ways that a store owner may violate their duty of care, including:

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plainfield personal injury attorneyWhile all types of motor vehicle collisions can be dangerous, those involving trains can be especially deadly. Due to the massive size and momentum of trains, any other vehicles involved in these types of collisions are likely to suffer extreme damage, and drivers and passengers may experience severe bodily harm or fatal injuries. Many train accidents occur at railroad crossings, and in these cases, those who have been struck by a train will need to understand who was responsible for their injuries and their options for pursuing compensation for their injuries.

Causes of Railroad Crossing Accidents

When a vehicle or pedestrian is struck by a train at a railroad crossing, multiple parties may be at fault, including:

  • A railroad company - A collision may be caused by the negligence of a train operator, such as the failure to brake properly or use a horn to warn that a train is approaching a crossing. The company that employed the train operator may be held liable for the operator’s negligence. A railroad company may also be liable for accidents that occurred because it did not properly maintain equipment, such as the brakes or couplings on a train or the rails or switching equipment on a railroad. A railroad company is also responsible for maintaining safety equipment at railroad crossings, such as gates, lights, and signals, and a company may be liable for accidents that occurred because of faulty equipment.

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b2ap3_thumbnail_shutterstock_1492520378.jpgA work-related injury can cause a great deal of difficulty in a person’s life. After being injured, a person may require emergency medical treatment and ongoing care, and their ability to return to work may be affected. Fortunately, workers’ compensation is available for anyone who has been injured on the job. In addition to fully covering the costs of medical treatment related to an injury, workers’ comp will also provide benefits that address a person’s loss of income due to an inability to work. Injured workers should be sure to understand when they will qualify for different types of workers’ compensation disability benefits.

Temporary or Permanent Disability Benefits

When an injury temporarily affects a person’s ability to work, they will qualify for disability benefits while recovering. These benefits will last until they reach the point of maximum medical improvement (MMI). If a person misses at least four days of work, they can receive temporary total disability (TTD) benefits. These benefits will not cover the first three days of missed work unless the person misses a total of at least 14 days of work. These benefits will be paid during a period where a doctor states that the person is unable to work or when they are able to do light work but their employer cannot meet these accommodations. TTD benefits pay 66 ⅔ percent of the average weekly wage (AWW) that a person earned in the 52 weeks before the date of their injury.

If a person can return to work on a part-time basis while they are recovering, or if they will be limited to working in a position that pays less than what they earned before they were injured, they will qualify for temporary partial disability (TPD) benefits. These benefits address the losses a person experiences when working at a reduced capacity. TPD benefits pay 66 ⅔ percent of the difference between the person’s AWW and the amount they earn while they are temporarily disabled.

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plainfield truck crash lawyerTractor-trailer trucks and other commercial vehicles are much larger and heavier than passenger cars and trucks. This means that when truck accidents occur, people in other vehicles are much more likely to be seriously injured. There are many potential causes of semi-truck accidents, and one issue that is often overlooked is the danger of cargo that is not properly secured on a truck. Following a cargo-related truck accident, multiple parties may be liable for the injuries suffered by the victims.

Liability for Cargo-Related Truck Accidents

When cargo is loaded on a truck, it should be properly distributed in the truck’s bed or trailer, and it should be tied down or secured to ensure that it does not shift during transit. There are multiple ways in which cargo that was not loaded properly can lead to truck accidents, including:

  • Cargo that is not distributed correctly may cause a truck to become unbalanced. With too much weight on one side or near the front or back of a trailer, a truck driver may lose control when going around curves, and this could potentially lead to a rollover accident. Improperly distributed cargo can also affect the traction of a truck, making it more difficult for a driver to slow down properly.

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nursing home neglectNursing homes and assisted living facilities provide essential services for many people who are elderly or disabled. Those who are unable to care for themselves can benefit by living in a facility where staff members can make sure they are receiving the proper medical treatment and nutrition while also socializing with others and participating in activities they enjoy. Unfortunately, some nursing homes do not provide the proper care for their residents. This may occur because a facility is understaffed or because staff members do not have the proper training to address patients’ needs. In these cases, residents may suffer serious harm due to nursing home neglect, including injuries such as bedsores or falls.

Neglect Leading to Injuries for Nursing Home Residents

A nursing home’s staff should provide the necessary assistance to address a resident’s daily needs. If a facility does not have enough staff members to fully provide for everyone’s needs, or if staff fail to regularly check on patients and address any issues they are experiencing, a person can suffer serious harm. Bedsores and falls can affect patients in these cases, and they can not only cause a great deal of pain and discomfort, but they can have a negative impact on a person’s overall health.

Bedsores can occur when a person remains in one position for a long period of time. In these cases, the pressure placed on different parts of the body can restrict blood flow, leading to painful sores. Nursing home residents who cannot move about freely may be confined to a bed or wheelchair, and if staff members do not ensure that they adjust their position regularly, they may experience bedsores in areas such as the back of the legs, buttocks, shoulder blades, or heels. When left untreated, bedsores may cause damage to the skin and the underlying tissue, and they can also lead to dangerous infections.

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Plainfield car accident lawyerThe summer months offer many opportunities for people to travel and enjoy the outdoors. However, this increased amount of travel also brings the risk of car accidents. This is especially true for teen drivers, who will be spending more time on the road while they are on vacation from school. Safety advocates have deemed the months between Memorial Day and Labor Day as the “100 deadliest days of summer” for teens. During this time, the number of teens killed in car accidents is 26% higher than during the rest of the year. Those who are injured in car accidents involving teen drivers will need to work with a skilled attorney to determine their options for receiving financial compensation.

Safety Issues Involving Teen Drivers

Inexperience is one of the primary reasons why teenagers become involved in car accidents. While teens are usually required to take driver’s education courses and receive training from their parents on how to drive safely, they simply do not have the amount of time behind the wheel that provides older drivers with an understanding of how to avoid dangerous accidents. In addition, teens are prone to risk-taking, and they may not fully consider the consequences of their actions. As a result, the decisions made by teen drivers can lead to collisions that cause injuries to themselves, passengers in their vehicle, people in other vehicles, or pedestrians and bicyclists.

Distracted driving is one of the top causes of car accidents involving teen drivers, accounting for 60% of crashes. Teenagers frequently use cell phones and other electronic devices and attempting to use these devices while driving can be very dangerous. Drivers who take their eyes off the road to check their phone, take their hands off the wheel to make a call or send a text message, and pay attention to a device rather than what is happening on the road around them will be likely to miss important details that would allow them to prevent or avoid a collision. In addition to cell phone use, teen drivers are also likely to become distracted by passengers in their vehicle, as well as factors such as loud music or attempting to eat and drink while driving.

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Will County bicycle accident injury attorneyAs the weather continues to warm up this spring, many Illinois residents are looking to enjoy the outdoors, and bicycling provides a great way to do so. In addition to getting fresh air, bicyclists can improve their health through exercise and save on transportation costs. However, these benefits also come with certain risks, since bicyclists can be seriously injured if they are involved in a collision with a motor vehicle. In many cases, bicycle accidents are caused by the negligence of drivers. Injured bicyclists can work with an attorney to establish liability for their accident and pursue compensation for their injuries.

Negligence That Can Cause Dangerous Bike Accidents

Drivers are required to share the road with bicycles, but many people fail to take the proper measures to protect the safety of bicyclists, either because they do not notice bicycles or because they do not respect bicyclists’ rights. Drivers may strike bicycles and cause serious injuries for a number of reasons, including:

  • Failure to yield - Drivers should yield the right of way to bicycles just as they would to other vehicles. Before making a right or left turn or proceeding through an intersection, a driver should check in all directions to avoid striking a bicyclist who is proceeding through the intersection. 

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Plainfield, IL car accident attorney for distracted driver liabilityEven though driving is a daily activity for most people, it can still be dangerous. A small mistake by a driver can lead to a serious car accident involving injuries to drivers or passengers and extensive property damage. Because of these risks, drivers should always be sure they are following traffic laws and avoiding behaviors that could put themselves or others at risk. Unfortunately, many drivers fail to drive safely, and one of the most common ways that they act negligently is by driving while distracted. 

Dangerous Types of Distracted Driving

Because driving is something people do every day, it can be easy for a person to fail to pay complete attention to the road around them. This is especially true for people who are driving on familiar routes, such as the roads they take to and from work. A person’s mind may wander, and instead of focusing on driving, they may look at signs and billboards, people in other vehicles, or buildings and objects on the side of the road.

While daydreaming can be a serious distraction, many drivers act even more dangerously by attempting to do other activities while driving. Many people believe that they can multitask, but mental energy devoted to something other than driving can cause a person to miss important details or fail to notice the movements of other vehicles, people crossing the street, or obstacles in the road. 

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Will County personal injury attorney truck accident

Commercial truckers have become a key component of the U.S. economy. While online shopping has been a popular phenomenon for the past decade, the pandemic made the e-commerce industry skyrocket from a convenience to a necessity for many Americans. In order for companies to meet their shipping promises to consumers, truckers work day and night, not to mention the thousands of truckers who transport cargo from one business to another. The Federal Motor Carrier Safety Administration (FMCSA) recognizes the pressure that these constant demands can have on commercial trucking companies and their employees and have put strict regulations in place when it comes to how many hours truckers can spend on the wheel. Despite these additional measures, some truckers continue to drive past the point of exhaustion, placing themselves and other drivers at risk.

Looking at the Statistics

Drowsy driving is a real risk that many drivers--both commercial truckers and everyday drivers--brush to the side. According to statistics from the National Highway Traffic Safety Administration (NHTSA), drowsy driving claimed 795 lives in 2017 and caused 4,111 fatalities between 2013 and 2017. In 2017 alone, approximately 91,000 car accidents involving drowsy driving occurred. Studies have been done on the causes of commercial motor vehicle accidents, and the Large Truck Crash Causation Study (LTCCS) reported that 13 percent of commercial truckers were considered to be fatigued at the time of their accident. While drowsy driving may not be the sole reason for the accident, it is certainly a contributor when it comes to car crashes.

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Will County workers compensation attorney

Last spring, many offices and other workplaces around the country were forced to close as a result of the shutdowns enacted to slow the spread of COVID-19. Some employees, such as those who work in non-essential businesses (restaurants, bars, casinos, salons) were temporarily laid off from their jobs as a result of federal and state-issued orders. Employees in other industries were able to shift to a remote working arrangement—also known as “telecommuting,” or simply working from home. According to various estimates, up to 42 percent of the American labor force is currently working from home, at least in some capacity, and many employers are finding that the transition has had benefits for their companies.

Working from home does have its challenges, however. Managing time and distractions can be difficult for some people, as can putting household responsibilities aside to focus on work. However, there is one concern in particular that many telecommuters have, especially if they were injured while working from home. Does workers’ compensation cover injuries that occur at an employee’s residence?

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Will County animal attack injury attorney

An animal attack or bite can cause severe injuries and possibly wrongful death for the victim. Thankfully, the state of Illinois maintains a level of control over animals. The law regulating animal attacks in Illinois is known as the Animal Control Act. According to the Animal Control Act, if a dog or other animal, without being provoked, attacks, or injures a peaceable person who is legally allowed to be where he or she is at the time of the attack, the owner of the animal is liable for civil damages to the victim caused by the attack. 

What Is Included in the Animal Control Act?

The Animal Control Act applies to all animals, however, dogs are typically the most likely culprit in an attack. If a person’s pet were to attack another person, the Animal Control Act could hold the pet owner liable for the related injuries and damages. Damages include medical bills, pain and suffering, loss of normal life, disability, disfigurement, lost wages, and other damages. However, this does require proof if the victim wishes to pursue a claim against the animal owner.

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Will County car accident lawyer

With winter weather already in motion, it is important to be prepared before getting behind the wheel. The holidays can increase the number of people on the roads, including those who have had a few drinks before operating their vehicles. You may not be able to control the weather, but taking additional safety measures is one way to increase your level of safety on the roads and reduce the risk of serious injury caused by a car accident. This is especially important in Illinois as winter conditions can fluctuate frequently. You may be unprepared for the snow until you find yourself navigating icy roads on your way home from work or visiting family and friends. 

Driving in Snow and Ice

A seasoned driver knows that all weather conditions require slight adjustments for the person behind the wheel, and snow and ice are no exception. The following tips can help you arrive at your destination safely this winter:

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Will County nursing home negligence attorney

Unfortunately, misdiagnosis is a common occurrence regardless of your age. It can be difficult to pin down the exact number of individuals suffering due to misdiagnosis, as some of these cases go unknown. However, a 2014 article from CBS reported that approximately 12 million American adults who received outpatient medical care were misdiagnosed. This equates to about 1 in 20 adult patients. According to the National Academy of Medicine, it is likely that everyone in the United States will experience a misdiagnosis at least once in his or her lifetime. These cases are exceedingly dangerous for older patients, especially those in nursing homes who rely on the judgment of nursing home medical professionals and employees. Having a general knowledge of commonly misdiagnosed illnesses can help you protect your beloved family member.

Misdiagnosis Versus Missed Diagnosis

There are two types of incorrect diagnoses that can occur, missed diagnosis and misdiagnosis. A missed diagnosis occurs when a doctor fails to diagnose the patient with any illness even though the patient has an illness or disease that he or she is currently enduring. This is not uncommon for illnesses that have minor or dormant symptoms. A misdiagnosis also deals with inaccurate care but in a different manner. Rather than not being diagnosed at all, patients are diagnosed with the wrong disease or illness. A misdiagnosis will often have doctors prescribing incorrect medication as well. Not only will the real disease not be treated properly, but it can also lead to dangerous side effects from the drugs that they have been taking to battle the misdiagnosed condition.

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Will County pedestrian accident injury attorney

Pedestrians are put at risk every time they walk down the street. They can be struck by bicyclists, motorcyclists, and cars, each of which can lead to severe, and sometimes fatal, injuries. According to the Illinois Department of Transportation (IDOT), there have been 122 pedestrian fatalities so far in 2019, and the year is not over yet. Drivers and pedestrians themselves share the responsibility of pedestrian safety. In other words, drivers and pedestrians can be equally liable for any personal injuries depending on the situation.

Walk-the-Walk and Talk-the-Talk

Many people assume that all accidents involving pedestrian injuries are the fault of someone other than the walker, such as a cyclist or a motorist. While this is often the case, there are instances in which the pedestrian can be liable for the accident, even if he or she was the only one injured. When determining liability for the accident, consider if you violated any of the following street laws:

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Will County carpal tunnel syndrome work injury lawyer

When it comes to being injured on the job, many injuries are readily apparent and require immediate medical attention. For these types of injuries, it is often easier to pursue workers’ compensation benefits because it is simple to prove that the workplace was the direct cause of the accident. For other workplace injuries, it can take weeks, months, or even years to fully manifest, making it more difficult for someone to claim benefits. One such injury that can be difficult to receive benefits for is carpal tunnel syndrome, which is a chronic injury to the wrist and hand.

What Is Carpal Tunnel Syndrome?

In your arm, you have what is called the median nerve, which runs from your forearm through the carpal tunnel (a small opening in your wrist) and into your hand. The median nerve is responsible for the feeling and sensation of the palm side of your thumb and fingers, not including the pinky finger. If that nerve is stretched, compressed or otherwise irritated, it could lead to carpal tunnel syndrome.

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Will County workers compensation attorney

Nobody goes into work expecting to get hurt, yet that was the reality for nearly 3 million American workers in 2017, according to the Bureau of Labor Statistics. Accidents are called accidents for a reason--you never know when they are going to happen. Fortunately, there are protections in place to help you in the unfortunate event you suffer an injury while you are at work. In the state of Illinois, almost all employers are required to carry workers’ compensation insurance. Workers’ compensation can provide you with a variety of benefits and financial compensation in the event you are hurt and cannot work. If you are hurt on the job, your actions--especially those taken during the first 24 hours after the injury--can greatly impact the outcome of your case. Here are a few steps you should take if you are injured at your workplace:

  1. Seek Medical Attention

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Will County nursing home abuse and neglect attorney

Life has a way of eventually coming full circle. Just as children need someone to take care of them, the elderly are sometimes unable to care for themselves after a certain age or illness. In some cases, when older people require around-the-clock care, they must live in a nursing home to receive the assistance they need. Unfortunately, it is not uncommon for neglect or abuse to occur in nursing homes. According to the National Center on Elder Abuse, one out of 10 Americans over the age of 60 has experienced some form of abuse. You always want what is best for your loved ones and the thought that someone could be neglecting or even abusing your family member is awful. However, you can only take action against an abuser or facility if you know that abuse is occurring. The following are serious warning signs that your loved one is being neglected or abused in a nursing home.

What Is Elder Abuse?

Many people think that elder abuse (the kind of abuse that occurs in nursing homes) is just a physical type of abuse. In reality, elder abuse and neglect can manifest and appear in a variety of ways. The National Council on Aging states that elder abuse can include the following:

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Will County DUI car accident injury attorney

Although the first day of fall is not until September 23, Labor Day marks the last day of summer for many. Summertime is when increased highway traffic results in more accidents than any other time of the year, but Labor Day weekend is one of the deadliest weekends of the year when it comes to alcohol-related traffic accidents. According to the National Safety Council (NSC), 36 percent of traffic fatalities that occurred during Labor Day weekend in 2017 were due to alcohol-impaired driving, compared to the annual average of 29 percent. Being involved in an accident with a driver who is under the influence of alcohol can be devastating, but you may be entitled to compensation for your injuries depending on the circumstances.

Proving Negligence

Negligence is defined as the failure to do something that a reasonably careful person would do or doing something that a reasonably careful person would not do in the same circumstances. In cases involving a drunk driver, it is not enough to prove that the driver was intoxicated. You must also prove that the driver being impaired is what caused the accident and that the collision caused your injuries. Therefore, it is important to gather as much evidence as possible as quickly as possible. Further, if the motorist is convicted of or pleads guilty to driving under the influence (DUI), this helps your case significantly.

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Plainfield, IL nursing home abuse lawyer

When a family brings a loved one to see a medical professional, they are expecting the highest quality of care. While the vast majority of doctors throughout the United States are incredibly consistent and display a high level of experience, the reality is that some are not as qualified. The same can be said for nursing homes. Nursing home personnel are supposed to take care of those who can no longer take care of themselves, but many seemingly fall short of this job. One of the most dangerous shortcomings, as it pertains to nursing home medical care, is a misdiagnosis.

The Consequences of a Misdiagnosis

When an elderly person’s health condition is misdiagnosed by a nursing home's on-call or on-staff physician, the results can be downright frightening. Some of the most common implications of misdiagnosis, especially among older patients, include bodily pain, depression, fever, and even infection.

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Plainfield, IL dog bite lawyer

In warm weather months, many Chicago-area residents head outdoors for leisure activities, such as running or biking. For pet owners, summer is an ideal time for taking their dogs on long walks. While the vast majority of dogs are friendly and docile, others can show signs of aggression, especially toward children who can often lack the ability to recognize aggressive or dangerous behavior. Below are some of the health ramifications due to dog bites as well as the steps that should be taken to ensure you will receive the compensation you and your family deserve.

The Dangers of Dog Bites

According to studies conducted by the Centers for Disease Control and Prevention (CDC), dog bite injuries are much more common than people would like to assume. Estimates by the CDC found that approximately 4.7 million dog bites occur throughout the United States each year. Considering the fact that children are much smaller in stature,  bites in sensitive areas such as the neck and head can result in facial scarring and significant damage to the throat.

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24047 W. Lockport Street, Suite 201C
Plainfield, IL 60544

Phone: 815-577-7500

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