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Category Archives for "Back Injury"

7 Smart Tips from Personal Injury Attorneys in Chicago

7 Smart Tips from Personal Injury Attorneys in Chicago

Injured man consulting an attorney about a lawsuit.

You’ve just been injured in a car accident. Left leg was broken. Index finger on your right hand crushed. Left thigh burned to the third degree.

You know you’re entitled to financial compensation due to the negligence of the other driver, but you’re not sure how to go about getting it.  

So where do you turn? The good news is that persoanl injury lawyers are available to help.

Let's take a look at 7 smart tips on how you can successfully naviagte your claim with the best personal injury attorneys Chicago has to offer.

1. File a Police Report ASAP

Remember, if it’s not documented, it didn’t happen, at least according to the courts. Unless you have what happened in writing, anyone can say anything during a personal injury case.

Be sure to include as much relevant information as possible, including the:

  • Full names of every person involved
  • Contact information for every person involved
  • Facts as you know them to be
  • Make and model of the other vehicle if in an auto accident
  • Location and time of the accident
  • Machinery, objects or anything else involved in the accident if not an auto accident

It’s a good idea to write down as much information as possible before filing the police report.

2. Collect Evidence

Every little piece of evidence you can gather for your case can have a significant impact and adds credibility. Your personal injury lawyer can help you with this.

When you’re searching for “personal injury attorneys Chicago,” you’ll want to read the testimonials. Once you’ve established that you’ve chosen a reputable lawyer, he or she can help you know what type of evidence is most important to your case.

Keep in mind that lawyers can get sued, too. So, you’ll want to make sure that the information you’re giving your attorney is accurate, complete, and provided to the best of your ability.

3. Speak Mindfully

During a personal injury court battle, less is more. Make it a point to only speak with your attorney in the privacy of his or her own office.

You’re entitled to your privacy, and the details are no one’s business but yours and whomever you choose to share them with.

Avoid speaking about your case to family, friends, and especially strangers. Though it may seem as if your words are safe when you’re chatting with the grocer, beware. Even the walls can have ears.

Remember that “anything you say can and will be used against you in a court of law.” Keep your confidential information confidential.

4. Take Responsibility For Your Emotions and Reactions

After you’ve sustained a personal injury, all sorts of emotions may come up: anger, grief, fear, sadness, resentment, betrayal. And these are all valid and completely understandable.

But don’t forget these are your emotions, and you can choose how to respond to the situation when they arise.

Pursuing a personal injury claim is about receiving what you’re due in compensation for the physical, financial, psychological and employment consequences you endured. This is not about revenge. It’s only about justice.

So, even though it may be tempting to shout at or curse the person who harmed you, keep your emotions in check. Speak respectfully to all parties involved in your case, resting in the knowledge that justice will be served.

5. Stand Your Ground with Your Insurance Company

It’s natural for your insurance company to offer you the lower financial compensation that you deserve during your first attempt to contact them. They’re trying to save money and will agree to the lowest you will allow. This is normal operating procedures for insurance companies.

While you do want to be reasonable, you don’t want to sacrifice what you’re entitled to. Their inability or unwillingness to see the extent of your personal injuries does not have to determine how much you settle for.

Contact them a third or fourth time if needed. It’s normal for there to be several offers and counter-offers before reaching an agreement.

Comprise where you can to show them that you know what you’re worth and you’re willing to be open and reasonable. But also know when not to budge. This is where a personal injury attorney can help tremendously.

6. Social Media Can Be Your Best Friend or Worst Enemy

Many of us enjoy our daily romp down the Twitter page or our hourly browsing of Facebook pictures.

Social media is connecting, entertaining, and just plain fun.

But it’s important to remember that all this can change during a personal injury claims battle. Every status you post, every picture you take, every comment you give — all of it can potentially be used against you and hurt your personal injury claim.

From that picture of you throwing a ball to your 2-year-old cousin to that status about the great time you had a party the night before, you can greatly affect the outcome of your settlement.

These pictures and statuses can be used to demonstrate that you’re not really that hurt, or that you haven’t really suffered that much.

A good rule of thumb is to take a break from social media altogether during the personal injury claim process. It may just be worth the withdrawals you go through.

7. Hire a Good Personal Injury Lawyer

This may be a given, but it bears repeating. A good personal injury attorney can fight the battles that would only give you additional headaches and stress.

You’ll want to either fully research “personal injury attorneys Chicago” or get a very good recommendation from a trusted source.

The nice thing about having a lawyer is that they often fight these types of battles for you to get you the greatest financial compensation possible.

The next time you’re searching for “personal injury attorneys Chicago,” remember these seven tips.

The Best Personal Injury Attorneys Chicago Can Provide

You don’t want to cheat anyone. You just want to receive what you’re entitled to.

When you’re looking for personal injury attorneys, look no further than DeSalvo Law.

We’ll work with you to make sure you receive what you’re due, and we’ll be there for every step of the journey.

Contact us for more information and let us lead the way!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

In a Car Accident? What You Need To Know.

In a Car Accident? What You Need To Know.

There are thousands of people hurt in car accidents in Illinois every year.  And more than 900 are killed in a car accident every year.  About half of these car accidents happen in Cook County, Illinois.

So what should YOU do if you or a loved one has been in a car crash?

1.  Take a deep breath and gather yourself.  Different people react differently when they have been involved in a car accident.  I have had clients who are light-headed, and so shaken up that they should remain seated.  Sometimes, an injury is immediately obvious.  Almost everyone has a strong emotional reaction to fear and shock of being in a car crash.

2.  Make sure everyone is safe and not in any danger.  This could include someone being trapped in a car which was involved in a car accident, or it could be that people are walking around the scene of the crash, and there may be more traffic approaching, making the area unsafe.

3.  Contact police and ambulance.

4. If you are able, collect the name and telephone numbers of any witnesses.  You would not believe how car insurance companies will deny that their insured is responsible for a crash, even in the most ridiculous of circumstances.  Getting witnesses after a car accident has got to be a high priority, especially if anyone was seriously injured in the car accident.

5.  Make sure to get the insurance information from the other drivers and a police report or at least the police report number from the reporting police department.

6.  If you are hurt, make sure that you are at least checked out by medical professionals after being involved in a car accident.  You would not believe the number of people who do not like going to the doctor, so they put off getting medical help after being in a car accident.  This is a big mistake.  Insurance companies love being able to argue that “If he was really hurt, he would have gone to the doctor…”  In most circumstances, it is best if you see a doctor right away, but a short delay is okay.  Many of my clients actually feel worse over the next several days after being in a car accident than they did on the day of the crash.  This is very common.  DO NOT avoid medical care.  You get one body in this life, and whether you have a case or not, your health has got to be your top priority.

7.  Consider speaking with a lawyer, especially if there is an injury.  Insurance companies treat people more fairly for car damage repair than they do for personal injury after being in a car accident.  If you talk to anyone in the business, there can be a very little question that insurance companies are waging an all-out war against injury claims.  Many of my clients get treated fairly when it comes to repairing their vehicle, only to have the auto insurance company change their tactics when it comes time to discuss a reasonable settlement.   Like most injury lawyers, I offer a free case evaluation, so talking to me in person or by telephone is no cost and no obligation.  Studies show that injured people recover three times as much with a lawyer in an injury claim as compared to not using a lawyer.

8.  DO NOT agree to let the auto insurance pay your medical bills as they are incurred.  Once your bills are settled, the auto insurance company no longer has any incentive to pay you a fair settlement, because you are not allowed to the Judge and Jury about bills they paid.  This is actually a sneaky maneuver by many insurance companies — once they pay your medical bills, they offer you nothing for your injuries after a car accident.

I hope that these guidelines are helpful to you, but they can never take the place of the help of an experienced lawyer who knows what to do when a client has been in a car accident.   If you have any questions or need help or representation, please give my office a call at 312-895-0545 and I would be happy to speak with you.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Can You Sue If You Slip and Fall at Work?

Can You Sue If You Slip and Fall at Work?

Taking the wrong turn and falling down happens sometimes. But what if it occurs at work?

This leaves you injured, unable to work, and out of money. What do you do if you experience a slip and fall at work?

Although worker’s compensation kicks in for many folks, what if it doesn’t? Or what if you believe the accident was the fault of your employer, and shouldn’t have occurred to begin with?

Here’s everything to know about when you can sue if you are the victim of an accident at work that involves slipping and falling.

Prove That Someone Else is Liable for the Accident

When dealing with a slip and fall at work, it’s important to understand that for you to sue your employer, you need to show they were liable for the accident.

Proving fault isn’t simple as an accident occurs. You must make the claim that the employer either ignored or didn’t take action quickly enough to correct a problem.

An ideal example of this is a huge puddle of water that was left standing. You come into work and don’t see the puddle, causing you to slip and fall.

If your employer wasn’t in the act of getting a mop or attempting to clean up the mess or even show there was a mess present (such as with signs) this presents a problem. Another example would be the workplace not training new employees in proper safety measures.

These are examples showing that there is a lack of concern and you are not the one at fault. Make sure you’re aware of what workplace conditions are present, so you have an accurate picture of what you’re dealing with.

Show That Conditions Existed Causing You to Slip and Fall at Work

When proving an accident at work, it’s important to understand the difference between the employer not doing their job and cleaning up, and being careless and not paying attention. When suing someone, the burden of proof remains on you to show that you weren’t at fault for what occurred.

If you don’t look where you’re going, ignore signs that are clearly up around a wet or damaged area noting it is dangerous, or simply didn’t see someone who was working on the area, this creates an issue. It’s important to show that none of these things were present when your accident happened.

When understanding slip and fall injuries at work, here are certain factors that contribute to them:

  • Ice
  • Lubricants on the floor or ground
  • Water
  • Wires, cables, or other cord-like items across the floor that lead to tripping

Keep in mind other factors such as if you:

  • Have a disability, and use a cane, crutches, or another type of walking aid
  • If you were carrying several items at once and weren’t able to see what caused your accident
  • There were signs up that you missed
  • You were in an area that transitioned from one surface to another (carpet to floor)

Being aware of your surroundings and what caused you to have a problem is crucial to your case. You’ll need to give your lawyer complete information when you file a slip and fall at work suit against your company.

Show The Accident Wasn’t Created by You

Certain accidents, especially those caused by you, cannot be used when suing for slip and fall. This is because you are the one responsible for what caused the accident.

Let’s you start mopping and get called away to do something else without putting up signs alerting others to a wet floor, and you come back and slip. The fault becomes yours since you were responsible for addressing what caused the slip to begin with.

Proving fault in a slip and fall lawsuit is difficult for some folks. This is true for those that played a role in creating the conditions that lead to the accident.

Some examples of problems that weren’t created by you are:

  • Long-time hazards that the company knew about but did not fix
  • No signage up that would make employees aware of the problem
  • The problem was created by someone other than the employee
  • The problem occurred before the employee arrived to work

You’ll also need to show that there was no reasonable understanding of the problem or condition. For example, someone who saw signs up about slippery surfaces would infer not to walk quickly in that area.

When pursuing a slip and fall at work, documentation is one of the most important things. This helps your attorney build a strong case, and show how the manager or owner left the area in a state of neglect.

Make a note of:

  • Where the accident occurred
  • How long it had been in this condition
  • What happened to you
  • Any diagnoses from a doctor you saw related to this accident
  • Any witnesses who will come forward with the accident

The more you can prove you weren’t at fault for what occurred, you’re likely to win a slip and fall case against the company and your employer.

Let Us Help You

Taking your employer to court over a slip and fall at work is intimidating. You don’t want to lose your job, but you aren’t comfortable or safe with a company that permits bad conditions.

Contact us, and see how we help build your case. Together, we help you work toward a solution that involves safety and gives offers financial help for the pain and suffering endured.

We will help you find a solution to your problems and ensure no one else’s safety gets put in jeopardy by the company. Get started and reach out to our offices today.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

CTA Accident Claims and CTA Injury Cases

CTA Accident Claims and CTA Injury Cases

What You Need To Know If You Were Injured on the CTA

A lot of people get hurt on the CTA (Chicago Transit Authority) buses and trains. The CTA operates buses and trains that transport millions of people every year. Some of their drivers and train operators are great and skilled.

Many of them are not very bright and are not very diligent at their jobs. A lot of them are just waiting for retirement and couldn’t really care much less about the safety of their passengers.   Many of them are angry at cutbacks and staff reductions and they end up taking it out on the CTA passenger by acting with less care and safety than they should.

hurt on ctaAt least 6 times per year, I am contacted by someone who is hurt by bad driving or other bad conduct by a CTA employee.  

This includes pumping the brakes on a crowded bus, causing people to fall, or hitting the brakes hard for no reason, or a bus driver not paying attention and closing the pneumatic power bus doors on a person who is entering or exiting the bus. Or even falling in a train station or “El” platform.

Usually, the injured person doesn’t want to make a big deal about their injury. Maybe they call the CTA to try to resolve the case themselves. When you do, they get a big surprise.

See, the CTA, years ago, would settle small cases and cases they know are valid. Those days are gone. These days, CTA buses and trains all have video cameras that take pictures inside the bus AND outside the bus.  

And when the CTA is helped by the video, showing a very minor incident or if the accident did not happen the way the injured person says it did, they tend to have access to the video. They use the video very persuasively in their defense of the CTA injury case.

But I have seen a disturbing trend where, in major cases and in cases where I have a number of witnesses to the negligence of a CTA employee, suddenly the video ‘goes missing’ or there was a ‘camera malfunction.’  

Very convenient for the CTA and their defense of a case where someone is hurt on a CTA bus or train. It used to be that there was a 6 month deadline to file a Statutory Notice, notifying the CTA of the facts of the injury, but that law has been repealed.  

But you STILL only have one year from the date of an injury to file a lawsuit. YES, the Statute of Limitations is usually 2 years in many types of injury cases…

BUT THE CHICAGO TRANSIT AUTHORITY HAS MORE PROTECTION AGAINST LAWSUITS BECAUSE IT IS ONLY ONE YEAR!

Armed with video, the CTA rarely or never settles these cases and that means that the smartest thing you should do if you get hurt on the CTA is to call a lawyer right away.

Unfortunately, some personal injury lawyers in Chicago so not even want to handle cases against the CTA, because they know they do not settle and they have to go to trial. However, some do, like yours truly…

At least twice a year, I am forced to give the bad news to someone who has been wrongfully hurt by the CTA. Because they did not contact a lawyer or file the lawsuit within one year, their case is over and nothing can be done.

That is why I always encourage people to contact a personal injury attorney in Chicago if they have been injured.

Although these requirements that apply to the CTA in personal injury claims are the worst (cases against the City of Chicago also have a one year deadline), there are all sorts of variations and exceptions in the Statutes of Limitations in all sorts of different cases.

Only qualified attorneys have the training and experience to evaluate your personal injury case and let you know whether you still have time to file a personal injury lawsuit in your injury case.Neck Injury

CTA lawyers fight all of these cases, even when they know that they should settle. That’s because the CTA lawyers are employees, and executives at the CTA in the city of Chicago decide policy.

They have decided that they will save more money by fighting in cases where they should pay. Many of the lawyers who work for the CTA have been there for years. That means that they have defended the same kind of case, over and over.  They get really, really good at it.

Imagine if you only did one kind of job…over and over. After a while, you’d get pretty good at it.  Because you’d have 20 or more years of experience doing that one thing. These TA lawyers are smart cookies with lots of experience.  

You’d better hire a lawyer who is willing to take your case ‘all the way’ if that’s what it takes to get the job done. I do not mean to discourage you. I have had success with CTA cases.

Many of the best cases I have had involving an injury on the CTA came from people who ALMOST didn’t call me. Then, it turns out that I was able to develop evidence and information that made their case very strong.  

Many times, we do not know unless we put in a bit of time and money and effort into seeing just how strong we can make your case. Besides, injury lawyers offer free consultations, so it costs you nothing.

What You Need To Know If You Were Injured on the CTA

Budget cutbacks and poor use of the money they get from taxes means that CTA management has reduced the safety of the entire CTA system over the years.

Reducing staff, most notably the number train conductors on a train, the number of staff at train stations and the number of bus drivers has resulted in a major transit system that has become substantially less safe. All the while, the cost to ride the bus or train continues to go up.   

As citizens and taxpayers, we shouldn’t stand for it. We should demand care for our safety and a reasonably safe ride for the cost of our fare and tax dollars.

What a lot of people don’t realize is that the CTA is what is called a “common carrier” – meaning that normal people place their safety in the CTA’s hands every day.

Because this is the case, the CTA is supposed to exercise the ‘highest degree of care’ for the safety of its passengers. But often times, they don’t. There can never be any reasonable excuse for this.  

But rather than giving any sort of reasonable excuse, the CTA tries to cover up wrongdoing, pretend that it is no big deal. They defend cases even when they know that there were wrongdoings and violations of even their own internal safety policy.

CTA never settles the case before filing a lawsuit — almost never. I get contacted by lots of people who get a phone call from the CTA about their CTA accident claims. CTA collects a lot of information from the injured person.

Sometimes, they even take a recorded statement from the person. I always tell my clients never to do that, but people do it before they call me. In my opinion, that is always a mistake. The people who call me tell me that they think the CTA is getting ready to settle their case.   

I promise you, they are not. They are creating a defense to your case from the minute they pick up the phone with you. They act helpful and friendly, but they don’t settle cases anymore.

They are being nice to you so that you will give them information to beat you if your case goes to court.

I have what I think is a unique way of handling CTA cases and I am able to settle some of them.  And really, at this point, I’m ready to take them all to trial.

Most Common Cases

Here are the most common kinds of cases I get calls about when someone is hurt on the CTA:

  • The bus suddenly stops or suddenly starts, and the client falls down.
  • The bus crashes into something, including another car, truck or bicycle, or even a concrete median.
  • The train stops, and then lurches suddenly as a passenger is getting up to get off the train, causing them to fall.
  • The train malfunctions and fails to stop and smashes into something.
  • The CTA bus or train operator closes the door on a rider, hurting their hand or arm; or even worse, started to drive away, dragging the client!
  • There is water or debris on CTA property, causing a fall.

There are other ways you can say “I got hurt on the CTA” but these are the most common. Until personal injury lawyers show the CTA that they’re not afraid to go to trial, then the strategy of not settling cases rewards them by saving them money.

testimonials-heroSo, this is going to sound very self-serving but I will tell you whether you hire me or you hire another lawyer: the number one thing that is going to make a difference between you recovering money or getting no money is hiring a good lawyer with experience.

I am telling you, there are ways to handle CTA injury cases that many lawyers do not know about.

Most general injury lawyers (who aren’t experienced in CTA cases) don’t even know about these techniques and strategies. They’ve never read about it, never tried it and never studied it.

Choosing an Attorney

So make sure you speak with an attorney who has handled train crash and bus crash cases. If you talk to a lawyer and they ask you three or four questions and then immediately reject your case, they may not be thinking creatively enough about your case.

I’ve been able to get substantial settlements for several clients in several different kinds of cases against the Chicago Transit Authority.  

Make sure your CTA lawyer can handle an injury on the El, a CTA bus crash, or even a case where the CTA driver closes the door on your arm (believe it or not, this happens an awful lot).

If a CTA injury lawyer is going to take a case, then he or she needs to be willing to take the case ‘all the way’ or give you a very good explanation why not. That’s often the only means of making sure that YOU end up with full compensation for your injuries.

Lawyers have to take the CTA to trial and win verdicts against them to convince the CTA that they ought to try harder to settle cases. If you have a CTA accident claim, give me a call. Maybe I can help.

 

injury lawyerIf you have been hurt or have questions about an injury case, I offer injured people a copy of my FREE Injury DVD and Book.  

 

Just call me at my 24/7/365 toll free number 888-HURT-318 (888-487-8318) and ask for the free injury book, and give us your name and mailing address and I will mail it to you free of charge and no obligation. If you are ready to talk, call that same number and ask to speak with me!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Job Site Safety Tips from a Top Construction Accident Lawyer

Job Site Safety Tips from a Top Construction Accident Lawyer

On a construction site, there are many worst-case scenarios that can play out. It’s a scary thought for any site owner and construction firm to think about.

These instances can turn into multi-million-dollar lawsuits that can bankrupt your construction business. This alone is more than enough reason to hire a construction accident lawyer to draft your contracts.

There has to be clauses that indicate the risks of a project and the accountability of all parties involved. For instance, who’s responsible for paying the costs of injuries and property damage in the event of an accident?

This is also why your construction firm should have proper liability insurance and worker’s compensation coverage. But what’s even more important is having safety guidelines in place that your employees follow.

Tragically, thousands of workers are injured and hundreds are killed on construction sites in the U.S. each year. As Chicago personal injurylawyers, we’re aware of the crucial importance of workplace safety.

In the following guide, we’ll cover the top tips you can use to keep your construction site safe.

Give Safety Training to All of Your Workers

Before a new employee sets foot on any of your construction sites, they should receive safety training. The training should go over workplace safety standards and common hazards on different job sites.

Training should include proper lifting techniques to avoid back injuries. Then, there should be safety policies employees have to read before the start of a new site. Make sure no employees operate equipment they’re not trained or qualified to use.

In the event of an accident, your workers should know the procedure to use and the name and location of first aid responders to contact. Remember: safety training isn’t a one-time thing. It’s an ongoing effort to ensure all workers know and remember all of the policies and procedures.

The last thing you want to have to do is hire a construction accident lawyer for a pending lawsuit.

Have Crew Safety Meetings Frequently

The frequency of these safety meetings will depend on your particular construction firm. For instance, some companies need to have these meetings daily when there’s high-risk work being performed.

In this case, remind your workers to stay focused and address relevant issues. It’s more motivating when the details given are real-life and job-specific.

Make Workers Wear Protective Clothes and Gear

Your top priority as a construction business owner is to ensure the protection of your employees. The best way to do this is to have them consistently wear protective clothing and gear.

This includes high-visibility clothing, hard hats, steel-toed boots and shirts that protect against UV rays. Wearing a yellow hardhat is not a fashion statement, but it could save your life.

Without that hard hat and steel toe cap boots, you’re putting yourself at great risk on a construction site. Anyone not wearing the recommended protective wear shouldn’t be allowed on the construction site.

This way, you can avoid potential injuries, lawsuits and the need to hire a construction accident lawyer.

Maintain Clean Workspaces

While constructing a new building, it’s essential to have a cleanup crew. This will ensure walkways are free of debris, spills and tools, so no one slips and falls. It’s also a good idea to teach your employees good cleaning habits.

Have them maintain a clean space at all times.

Regularly Inspect Tools and Equipment

Malfunctioning equipment can present a grave hazard to employees and anyone else on or near the construction site. It’s best to inspect your tools and equipment on a regular basis. Accidents can occur, such as employees being pinned by heavy malfunctioning equipment.

Then, there are cases where workers end up losing fingers, toes and limbs because of faulty tools. In worst case scenarios, some companies end up with a wrongful death lawsuit they have to hire a construction accident lawyer for.

Prevent workers from using any gear containing broken parts or improper functions.

Implement Fall Protection Systems

One of the leading causes of fatalities on construction sites is due to falls. In order to protect your employees from fatal injuries, it’s best to install fall protection systems. For example, you can install guardrails, screens, canopy structures, toe boards and nets.

Also, scaffolding is useful for preventing falls. Just ensure it’s properly installed so that it holds the intended weight load. It’s important to inspect scaffolds regularly as well.

Make sure the scaffolds have been inspected by a competent person and never work on one that does not have a strong platform or base. Check any ladder thoroughly before using it and if any part of it is wobbly, don’t use it.

Run Risk Assessments Per Job Site

Each construction site is different and comes with its own separate hazards. The safety tips you provided to workers for the last construction site may not work for the new site.

Risk assessments will help you identify unusual hazards, so you can warn your employees beforehand. Then in your crew meeting, ensure your workers get all the important information, education and training to handle the job safely.

Management should have prepared a safety plan to deal with on-site emergencies. Workers should have some basic first aid knowledge to deal with injuries that occur.

Use All Equipment for its Intended Purpose

It’s not uncommon for construction workers to use equipment and tools in tasks they’re not prescribed for. Make sure all of your workers know how to operate all gear based on the instructions of the manufacturer.

Misusing tools and equipment will increase the chances of someone getting injured. Also, the equipment should meet the standards of OSHA.

Follow the Guidelines OSHA Sets

OSHA guidelines are very important for keeping construction sites safe. Make sure each of your workers are well-acquainted with the rules and procedures. Then if there are any dangerous working conditions, workers should know how to report it to OSHA.

Record and report all violations and incidents.

Hazardous Materials

Label and store any hazardous materials in proper containers and secure them in a safe location. Make sure there is an MSDS (material safety data sheet) for all potentially hazardous chemicals and materials.

Surroundings

Many construction site accidents happen when people are not aware of their surroundings. Stay alert and pay careful attention to any loose materials that might topple or fall on you.

Tools and Electricity

When using power tools, make sure that power cables are protected, the metal casing is grounded and the power supply has an earth leakage circuit breaker.

Heavy Equipment and Vehicles

Each year, about ten people die when hit by heavy vehicles at construction sites. Often the drivers cannot see you fully, so stay clear while they’re in motion.

Reduce Nighttime Work

There will be days when work has to extend into the night. However, you want to reduce this as much as possible. Having employees work too long will potentially lead to injuries due to workers cutting corners to get the job done faster.

Plus, you have to worry about employees becoming fatigued and injuring themselves or others. Lighting should be sufficient to ensure visibility isn’t an issue. Also, it’s better to limit nighttime work to a low-risk area.

Hire a Construction Accident Lawyer

When the push comes to shove and you end up facing a personal injury or worker’s compensation lawsuit, you need proper representation.

We fight on the side of construction businesses and construction workers. If you were recently injured and you’re denied workers compensation, we can help.

If you’re injured at a construction site despite your efforts to avoid it, we urge you to email or call us at 888-HURT-318 (888-487-8318).

At the Law Firm of Scott D. DeSalvo, we are Chicago personal injury lawyers and we want to help you get back on your feet, both physically and financially.

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"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

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The Auto Accident Claim Process Explained

The Auto Accident Claim Process Explained

If you’ve just been in a wreck, figuring out the intricacies of filing an auto accident claim is likely the last thing on your mind — and for good reason.

That’s why taking a proactive approach and learning how the process works now can save you valuable time and energy should you need to do it in the future.

Today, we’re breaking down just what happens after you file that initial claim. Where does it go? Who handles it? How long until you can expect to hear back?

We’ll answer all of those questions and more. Ready to dive in? Let’s go!

The Basics of an Accident Claim

As with almost any legal process, the exact steps that your claim will take will differ according to a few factors. These include:

  • The exact nature of the accident
  • How severe the accident was
  • The degree of property or bodily damage (or both) that occurred, if any

That said, there are a few actions that will occur regardless of your individual circumstance. Let’s look at those in closer detail:

Step 1: The Claims Adjustor

As soon as you file your accident claim, your insurance company will dedicate a claims adjustor to your case. He or she will be responsible for reviewing your auto policy to determine exactly how you’re covered — and how you should proceed.

Depending on your case, your claims adjustor might do the following to help create a clearer picture of what occurred during the accident:

  • Ask for a copy of the detailed police report
  • Communicate with other parties involved, including the driver and any witnesses
  • Go to the scene of the accident
  • Examine your car and photograph any physical damage
  • Review your medical record (with authorization) to discern sustained injuries

This step is critical for determining fault as it helps your insurance company understand precisely what happened and who should be held responsible.

Step 2: Finding Fault

Next, your adjuster will work to gather the evidence, listen to recounts, and pore over details to determine who was at fault.

You may be aware that not all automobile accidents are cut-and-dry. Sometimes, one driver is mainly at fault, but not completely.

What then?

While you’ll likely have a hard time proving total (100%%) or no (0%) fault, figuring out a percentage of blame is a helpful way for insurance companies to determine who pays what amount.

For instance, if you were found to be 70% at fault and the other driver was found to be at 30%, the settlement payments would be divided against those ratios as well.

Checking You Out

Increasingly, insurance adjusters are adopting a more digital mindset, turning to the Internet to help fill in any holes they might need while determining fault.

One place they’re likely to look? Your social media accounts. Now, you can find out more about a person in just a few clicks than you ever could in an over-the-phone interview.

Often, you can also trace that person’s steps according to what they post that day — a feature that helps adjusters grasp the timeline of the day of the accident.

For instance, you might claim you were in an automobile accident on Thursday, then upload a Facebook Live video showing your pristine car in the background on Friday.

Sounds fishy, right? Your adjuster will think so too.

Adjust the settings on your accounts so that only your added friends and family members can see your posts.

Also, it should go without saying, but try to avoid posting about the accident in the social sphere, as doing so could come back to hurt you in the end.

Step 3: Payment for Damages and Losses

After your claims adjustor reviews your case, he or she may determine that the other driver was at fault.

When this is the case, he or she will work with the other party’s insurance company to seek payment for any medical attention you might have received or any property damage done to your vehicle.

In insurance speak, this payment process is known as indemnification. Alternately, if your adjuster determines that the other party is at fault, it can sue that party for the amount of its payment in a process known as subrogation.

Vehicular Damage

If your vehicle is damaged during the accident, you’ll have a few ways to go about getting it fixed with your insurance money.

You can either go to a body shop that approved by your insurance company, or you can opt for a local one that you prefer. Regardless, it pays to do your homework and get plenty of estimates.

If you end up going with your preferred shop over the approved one, keep in mind that you could be required to pay the difference if their price is higher than what your insurance company budgeted.

Medical Care

To give your claims adjuster as much information as possible, it’s important that you allow him or her access to your medical records, including any other pertinent yet personal data such as your amount of lost wages.

Doing so will allow the adjuster get a more in-depth understanding of your case, as that information is often highly detailed.

Typically, all it takes to allow this permission is to sign a patient release waiver.

Not entirely comfortable with the idea of a veritable stranger rummaging through your medical history? Hire a personal injury lawyer to facilitate this process, so you can rest assured that the documents are sound and allowing access to them is the best next move.

Not Satisfied? Your Rights and Options

If the outcome of your accident claim wasn’t quite what you thought it would be, take heart that there are measures you can take to ensure another chance.

You could start by requesting your adjuster’s boss review the claim from a fresh point-of-view.

If that doesn’t work, you can choose legal mediation or head to small claims court. If you want to avoid a full-blown trial, you can seek arbitration instead. Follow the advice of your attorney to discern what the appropriate steps are.

Your Next Move: Hire an Experienced Attorney

Regardless of whether you’re totally satisfied with the outcome of your accident claim or wish it could be different, an experienced car accident lawyer is a key asset throughout this journey.

That’s where we come in.

Our injury lawyers are skilled in helping clients win big and we’d love to represent you. Contact us today to learn more!

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  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

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  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Bitten by a Dog? Lawyers in Chicago Can Help

Suffering After a Dog Attack? Here’s Why You Need to Hire a Dog Bite Attorney

og attacks aren’t easy. While we may love dogs, some of them are absolutely massive and can cause serious harm to victims of their bites. Every year, between 20 and 30 Americans die from a dog bite.

Along with coping with your consequences, victims of dog attacks play a role in keeping dangerous dogs more restricted. Depending on the dog’s history, this can result in various responses. For a first-attack, a vicious dog is usually required to wear a muzzle.

Why Dogs Bite

With so many dog bites occurring each year in the United States, one has to wonder why. There are a number of reasons dogs attack people. Typically, it’s a reaction to stressful or threatening situations.

Reaching out to pet a dog may not seem threatening to you. But if the dog is anxious or ill, it can unexpectedly lash out in defense. Dogs also commonly bite during play, but may not realize how painful the bite is for the recipient.

This can catch people off-guard, especially with larger dogs that don’t know their own bite strength.

Potential Harm From a Dog Bite

First off, there is a lot to discuss regarding the potential harm caused by a dog bite. Obviously, a larger dog causes more harm. It doesn’t take a lawyer to understand that an angry dachshund will not hurt you as much as a vicious Rottweiler.

However, even in the case of large dogs, people often do not understand the potential harm that could result from a dog bite. On the other hand, lawyers in Chicago know that dog bites are extremely serious.  For people of all ages, being attacked by a dog can cause serious trauma. A lifelong fear of dogs is not an uncommon result of an attack. In the case of a more serious and unexpected attack, deeper trauma can occur.


In some cases, a person can even fear leaving the house as the result of an attack. There are also physical risks. Along with the dozens of deaths that result from dog attacks every year, a person attacked by a dog can experience lifelong scarring and disability.

This is particularly true if a person is attacked by a dog like a pitbull, which can bite with over 230 pounds of pressure. This pressure can easily break the limbs of an attack victim.

What to Do If Approached by an Angry Dog

There are ways to minimize risk. While you cannot help the way others raise their dogs, there are actions you can take to keep yourself safe.

Do Not Approach Strange Dogs

This is the first and most effective piece of advice. If you see a dog, especially a large one, do not approach it to pet it. Unless you are expressly invited to by the dog’s owner, you have no idea how a dog will react.

Respect a dog’s right to personal space and do not get into an unnecessary altercation.

Do Not Run

If a dog approaches you, it is important to ignore your instinct and try not to run. If you run away from a dog, you will find that dog becoming more aggressive.

This is because dogs initially evolved as a hunter and have a strong prey drive instinct for those who decide to get into a chase. Instead of running from an angry dog, stay perfectly still and lay down in a fetal position.

Communicating submission to a dog is one of the best ways to stop an attack.

Do Not Make Eye Contact

When lawyers in Chicago see clients attacked by a dog they did not approach, the cause is often eye contact. Making eye contact with a dog can seem harmless to somebody who does not know much about these animals.

But if you are an expert on dogs, you will recognize that many dogs see this as a challenge. Avoid making eye contact with dogs, particularly dogs that are walking off-leash.

If Bitten, Do Not Pull Away

Finally, if you have been bitten by a dog, there are ways to minimize the harm. One of the most effective is resisting the temptation to pull the clenched limb away from the animal.

When you pull your hand away, the dog will see this as an invitation to partake in a tug-of-war with the clenched individual. This will end poorly for you. This makes it absolutely essential that dog bite victims resist the temptation to pull away from a dog.

What to Do If You’ve Been Bitten By a Dog

If you have been bitten by a dog, the first response is probably to remove yourself (or the dog) from the situation. Even if the dog didn’t mean to bite aggressively, the ensuing commotion may cause the dog to panic further. This can result in greater injury.

After that, there are a few steps to take to clean the dog bite and prevent infection.

1. Apply pressure to the wound to stop the bleeding. If possible, find a clean cloth or towel to prevent contamination.

2. Go to the nearest kitchen or bathroom to clean the bite with soap and water.

3. If the wound is very large or deep, head to a local clinic or doctor’s office, as you may need stitches or other assistance.

3. Apply a clean bandage and a disinfecting ointment to the wound each day.

4. Over the next few days, continue to change the bandages and check for any redness, swelling, or discharge that could indicate infection.

If you notice any of these symptoms, go to your doctor for antibiotics and treatment.

Dog Bite Laws in Illinois

Before you hire lawyers in Chicago for your dog bite, you should know about the laws around dog bites in the state. This can help you make sure that you have legal options for your situation.

The first thing to know is the statute of limitations. In the state of Illinois, there is a two-year statute for dog bites. If you were bitten over two years ago, lawyers in Chicago will probably be unable to help you.

Another thing to consider is whether you provoked the dog. If you provoked a dog to attack you, you do not have the right to legal recourse within the state of Illinois. This is an important consideration when weighing your legal options in the case of an attack.

Finally, you need to consider where you were. If you were bitten by a dog while trespassing, you obviously do not have the right to pursue legal action.


In trying to determine your right to damages from an attack by a dog, there are provisions in the Illinois Animal Control Act to keep in mind.

The Illinois Animal Control Act (510 ILCS 5/) states: “If a dog or animal attacks, attempts to attack any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dogs or other animals is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”

The Illinois Animal Control Act permits a person to recover money if they have been bitten by a dog. Under the law, you can recover damages from the dog’s owner under the following circumstances:

  • The person actually owns the animal.
  • You did not provoke the dog.
  • You were acting peaceably.
  • You were standing in a place where you were legally entitled to be.

If you can prove these four things, you are entitled to recover from the dog’s owner for medical bills, future medical care, pain and suffering, lost wages and disfigurement suffered in the attack.

Further, even if this is the first time a dog has attacked or bitten anyone, you might still collect from the owner’s insurance company. Most homeowner policies cover this type of incident under general liability policies.

However, in order to collect, you need Chicago personal injury lawyers to represent you as insurance companies often try to place the blame for the attack on the victim.

As Chicago personal injury lawyers, the Law Office of Scott D. DeSalvo LLC has spent years helping victims of dog bites collect the damages they deserve. If you’ve suffered a severe dog bite, we urge you to contact us to arrange your free consultation.

When to Seek Legal Advice

If you’ve already been bitten and the injury was severe enough to require medical attention, or if there have been any complications afterward, it’s best to follow up with a dog bite attorney. There can be a number of costly complications following a dog attack.

In addition to obvious medical bills from stitches, antibiotics and follow-up care, you may also need mental health care. Traumatic events such as dog attacks can leave lasting effects. You may even develop PTSD or other issues that can negatively impact your daily life.

Avoiding dogs altogether might seem like a solution, but it’s very difficult to predict when someone will be walking their dog on the sidewalk alongside you. To cope with this, you may need emotional support and therapy for years to return to a state of normalcy.

If this is the case, it makes sense to hire a dog bite attorney who can review the case and work to get monetary coverage and reimbursement for these related costs. If you’ve been bitten by a dog, here are some ways that lawyers in Chicago can help.

Benefits of Working with a Dog Bite Attorney

An experienced dog bite attorney can listen to the facts and determine liability. In addition, even if you think it’s clear who owes you reimbursement, it can be difficult to collect outside of the legal system.

Having an attorney will help recoup your funds and make sure you receive the resources necessary to heal.

Hiring the Right Attorney for the Job

Even after you’ve made the decision to hire a professional, there are still a few considerations to keep in mind. Not every lawyer will be willing to take on every case. Many law firms have specializations or focus areas.

The lawyer who helped close your real estate transaction may not have the experience or desire to work on a personal injury case. The personal injury lawyer who represented you after a car accident may not work with animal attack victims.

It’s important to look for a dog bite attorney who has specifically helped clients in similar situations in the past. Feel free to ask about previous cases they’ve worked on and settlements they’ve received on behalf of other dog bite victims.

Each case is different, but it’s good to know that you’re working with someone who knows local laws regarding animal attacks and has had success representing clients in the past.

Getting Ready for Your Attorney Consultation

After you’ve been bitten, make a note of when and where the attack happened. Write down as many details as possible to help your lawyer determine who is at fault. Keep a record of all bills related to your injury as well.

Document each doctor’s visit, medication prescribed and any follow-up care. Even if the bite seems minor now, there is the chance it will become infected later or lead to other complications.

It’s best to record all the details as they happen rather than trying to remember them later on when there is a larger problem.

Remember: mental health is just as important as physical health. If you’ve suffered any emotional trauma as a result of the attack, let your attorney know about this as well. They may be able to help you find treatment.

If you’d like to learn more about what to expect at your consultation, feel free to contact us for more information. We’d be happy to answer any questions and help you recover from your attack.

Hire Lawyers in Chicago

We’re the best lawyers in Chicago when it comes to helping victims of a dog bite. We specialize in helping the victims of animal attacks get the legal recourse they are owed. That includes giving you financial restitution while holding the owners of vicious animals accountable.

I hope this info helps you. If you have questions or need more help, give me a call, toll-free, at 888-HURT-318 (888-487-8318). Free, no obligation consultation either in person or by phone. If you aren’t ready to talk to a lawyer, I have created a DVD Injury Video which you can get immediately delivered to your email.

Same deal. Free, no obligation. Just click the link to get the Injury DVD and you will be taken to my website. Just give your name and email and I will send you the Injury DVD Video: Free DVD Want to see the NEWEST injury videos as they come out? Subscribe Now!

I hope this info helps you find the right lawyer for your needs. If you still have questions, I am happy to answer any questions you have below or give me a call. Thanks.

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Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

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What to Do About Back Pain After a Work Accident

What to Do About Back Pain After a Work Accident

We're only human.

Our bodies are fragile, and we're not infallible. More often than not, many of us are working ourselves to injury while we're struggling with the pressures of work.

And with over one million back injuries happening every year at work, a lot of the damage we're doing is to our backs.

Back pain after an accident doesn't always occur straight away, either. You might suddenly lift a box that's too heavy and strain it, or you might build up an injury slowly until eventually, your back gives way.

So if you've been left with crippling back pain after an accident, you might be wondering what to do next.

Well, don't worry. We'll talk you through the steps you should take if you've been injured at work, and how to get workers' compensation to help pay for your recovery, so keep reading.

Don't Ignore Back Pain After an Accident & Seek Medical Advice

We rely on our backs. It supports our head, allows us to twist our body around, and helps support our nervous system. It's the most important tool we have to keep our bodies moving.

If it's damaged in some way, you might find it difficult to follow your usual daily routine. The smallest movements you make might be pure agony when there's a problem.

If you find yourself injured, don't delay seeking proper medical advice.

You want to make sure you get the medical attention you need to recover correctly. If you ignore the problem, you might find that the damage becomes more serious and long-lasting.

Acute pain, pain that recovers over a few weeks, might suddenly become chronic. Do you want to suffer from pain that could last a lifetime?

With medical attention, you can receive the proper advice on how to manage the problem. You'll have to rest your back for a suitable period of time.

Don't strain yourself unnecessarily. A back injury is likely to require time off work, so don't feel forced to return if you can't do the job correctly. You don't want to rush back and cause more damage!

Take the Proper Recovery Steps

Once you've sought medical advice, you'll be advised of the proper recovery steps to take.

Mild injuries can recover in their own time without medication. Hot and cold compresses on problematic areas can help to ease the intensity of the pain.

You may need to take medication, however. Mild pain relief, such as ibuprofen, can be acquired over the counter, but you may need to take stronger, prescribed medication if that doesn't have the desired effect.

Medication only masks the pain, however. To properly heal, you may need to consider chiropractic therapy to help. 22 million Americans use a chiropractor every year to help resolve back injury, and this can usually be paid for by your workers' compensation benefits (which we'll discuss further below).

If the injury is significant, you may also have to consider surgery to repair the damage, and this could have an impact on your timescale for returning to work.

This may all be a moot point, however, if your injury is so severe that you can't go back to work. A physician will diagnose the severity of your injury as either temporary partial, permanent partial, or permanent total disability.

If you're diagnosed as having a temporary partial disability, you can return work after a suitable recovery to your existing job. Permanent partial disability, however, will require you to return to work under a different role.

A serious back injury might mean a move into a role that doesn't require heavy lifting, for instance. If the injury is so severe that you can't return to work, you'll be diagnosed with a permanent total disability, which means you can no longer work.

File a Workers' Compensation Claim

As soon as you're injured, you should file a claim for workers' compensation. This will depend on your state (in Illinois, for instance, you have 45 days to file a claim following an injury).

If you can't work because of back pain after an accident, you don't have an income. You'll also need finance to pay for your medical bills, or for help adjusting to permanent injuries that stop you from working.

By claiming workers' comp, you'll receive payouts to help fund for all of these costs, from medical bills to a percentage of your lost wages. The process is pretty simple, too (but will, again, vary depending on your state).

When you file for compensation, you will need to tell your supervisor the injury, the date and time it occurred, and how it happened.

If you're in Illinois, the Workers' Compensation Act means that you can choose your own doctor to treat you, but your employer can request that their own medical professional can examine your health, to judge your injuries for themselves.

Your choice of physician is important. They need to be on your side, so make sure you do your research and, in most cases, it's better to choose someone that your employer doesn't suggest.

A company doctor, for instance, might want you to go back to work earlier than you're ready for.

Be aware that if you also decide that your employer was at fault and want to sue them for damages, in most cases you will waive your right to workers' compensation. That means your healthcare costs and any lost wages will be lost, and if you lose your legal case, you will have to pay for these yourself.

Do You Need Legal Advice?

Don't delay either your recovery or your claim for compensation if you're suffering back pain after an accident at work.

Back pain after an accident or injury shouldn't stop you from having the quality of life that you deserve, so make sure that you take the proper steps to get back to where you were.

This means getting yourself proper medical treatment, documenting everything, and make sure you take the steps needed to recover. Remember, if you're taking workers' comp to cover your costs, in most cases, you can't sue your employer for damages.

If you or someone you care about has suffered a back injury at work and you're struggling to know what to do, contact us and see if we can't provide you with the necessary legal advice to help.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Can I Sue For Falling On A Sidewalk?

Can I Sue For Falling On A Sidewalk?

Fall on Private Sidewalk Versus Fall on a City Sidewalk

Any time you are injured because of the fault of another person, you can sue.  Yes, you can sue for falling on a sidewalk.

If you fall down and are injured, lawyers call those “premises liability” cases. I usually call them “fall down” cases.

Many people I speak to who is injured in a fall believe that the law says that if you fall on someone else’s property, they have to pay your medical bills. I don’t know where this comes from but it is not the law in Illinois.

In Illinois if you want to sue for injuries related to a fall down, you have to prove:

(1) what caused you to fall;

(2) prove that what caused you to fall was unreasonably dangerous

(3) and prove that the thing which caused you to fall was created by the property owner or;

(4) that the property owner knew or should have known about it.

If you trip on a sidewalk, a big challenge in a case like that is proving that the crack in the sidewalk is “unreasonably dangerous”.  Most people don’t think of a crack or a height difference between two slabs in a sidewalk as unreasonably dangerous. Due to the crummy conditions of a city of Chicago sidewalks, people see that as a normal condition of the sidewalk. And they think that you should just have been more careful. Of course, when THEY fall on the sidewalk their opinion changes!

Another challenge in a sidewalk fall down case against the city of Chicago is proving that the city of Chicago knew or should have known about the problem.

The City of Chicago often defends sidewalk fall down cases by claiming that they did not know about the particular broken sidewalk, even when it is in terrible condition. They make the argument that they have hundreds of miles of sidewalks to monitor and repair. And unless someone specifically complains about a sidewalk, there’s not much that can be done.

If you have fallen in a sidewalk, one of the best things that you can do is talk to people who live in the area to see if you can get witnesses who will testify about how long the problem existed.  If you can call ordinary normal people who can honestly say that a problem existed for five years, then it will be up to the jury to decide whether they want to live in the city where the city leaves broken sidewalks broken for five years.

You can fall on a private sidewalk or one owned by the City of Chicago.  (Well, technically 'held in trust' by the City of Chicago).  Chicago has no sidewalk inspection system, and I have honest doubts as to whether their record keeping is for the express purpose of helping them defend fall down cases on City sidewalks.  Many lawyers have abandoned taking city sidewalk cases because they are hard to win, and the City of Chicago rarely or never makes a settlement offer.  But I am not afraid of them.

Keep in mind that the City of Chicago defends hundreds of fall down cases on city sidewalks per year. They have lawyers assigned to nothing but these kinds of cases. How good would you be at your job if you did the same thing every day? There is no question that city of Chicago lawyers knows how to defend these cases, so you better hire a lawyer who is very good at putting these cases together.

Also, the Tort Immunity Act gives the City many, many advantages on sidewalk fall down cases. Literally, it is harder to prove a case against the City for a sidewalk fall down than any other Defendant, other than maybe a fall in a park or other recreational property.

Since they do not settle, that means a lawyer who takes a case like this knows he or she is going to be working on the case for years, and that it is virtually guaranteed that the case is going to go to trial, though there is a small possibility that the case will settle right before trial.  This is small consolation to an injured person and their lawyer because at this point, the client has already given a deposition and the lawyer had handled the case for a long time and has advanced case costs and invested a lot of time into the case.

As you can see, you can sue for falling on a sidewalk.  But these cases are much more complicated than many people understand them to be.  And a fall on a private sidewalk or driveway is easier to prove that a fall on a city sidewalk.

If you’ve been injured in a fall down on a sidewalk or if you have fallen on a sidewalk and want to talk to a lawyer, I am available to speak with you for free and give you my opinion about what our chances for success would be.

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Richard Lange

Cab Driver, Fall Down                  See More >

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10 Reasons Why You Should Hire a Motorcycle Attorney After an Accident

10 Reasons Why You Should Hire a Motorcycle Attorney After an Accident

Every year, there are about 90,000 people injured in accidents involving motorcycles all across the United States.

In some cases, the motorcycle driver is the one to blame for the crash. But in many others, the motorcycle driver is an innocent victim who is forced to deal with injuries and medical bills stemming from a crash they didn't cause.

If you were recently involved in a motorcycle accident, it's a good idea to consider hiring a motorcycle attorney to handle your case. Whether you sustained injuries in the accident or not, you might be entitled to a settlement payment that could take care of any damage done to you, your bike, and other vehicles that were involved in the crash.

Here are 10 reasons why you should hire a motorcycle attorney if you're ever involved in a motorcycle accident.

1. A Motorcycle Attorney Can Determine If You Deserve Compensation

There are times when you, unfortunately, will not be eligible to claim compensation in the aftermath of a motorcycle accident. If you were the one who 100 percent caused the crash, for example, compensation might not be in the cards for you.

But even if you were ultimately to blame for the crash, you could still be entitled to collect a small settlement that you can use towards repairing your motorcycle and taking care of any injuries you sustained.

If you attempt to figure out how much compensation you're owed on your own or, worse, if you attempt to negotiate a settlement with your insurance company without a motorcycle attorney, you could end up accepting way less than you deserve.

A good attorney can let you know if you qualify for compensation and help you get the most money possible from an insurance company.

2. They Can Explain the Process of Filing a Legal Claim

If a motorcycle attorney determines that you are, in fact, eligible to some kind of compensation following a motorcycle crash, they'll explain how you need to go about filing a legal claim.

In some instances, it's as simple as negotiating a fair settlement with an insurance company. In others, it could require you to go to court to get a settlement you're happy with.

Regardless, an attorney can break down the process you'll need to go through to collect compensation. This will prove to be very important once the process actually begins.

3. They Can Answer Any Questions You Have at Any Time

The average person doesn't know the first thing about filing a legal claim and attempting to collect compensation after a motorcycle crash.

Therefore, people usually have tons of questions that they want to ask about how it all works. When you bring a reputable motorcycle attorney on board and ask for their help, they'll be able to answer all those questions quickly.

It'll be nice to have an attorney in your corner you can trust. It'll put your mind at ease whenever you're confused about something that's happening.

4. They Can Find Out the Facts About Your Specific Case

After you've agreed to work with a motorcycle attorney, they'll take the time to gather all the facts surrounding your specific case.

They'll pull police reports and read through them to see what took place during your accident. They'll contact insurance companies to get a read on what they're thinking with regards to your crash. They'll even evaluate your medical situation and see what kind of bills you could be facing down the line due to the injuries you sustained.

Good attorneys know how to gather facts and use them to their benefit. Your lawyer will be able to make a strong case for you once all the facts are in place.

5. They Can Negotiate With Your Insurance Company

Before they take any official legal action on your behalf, your motorcycle attorney will reach out to your insurance company to see if they can negotiate a settlement related to your case.

At this point, if you're entitled to compensation, your insurance company has probably already reached out to you to try and work out a settlement deal. The insurance company's adjuster has likely tried to give you a lowball offer to keep you happy.

Assuming you haven't accepted that offer, your attorney can push for your insurance company to give you more money. They can use the facts they've gathered to show your insurance company why you deserve more money than they're offering.

Negotiating with an insurance company can be very challenging, even for the best attorneys. It's best for you to leave it to the professionals rather than trying to do it on your own.

6. They Can File a Lawsuit on Your Behalf, If Necessary

More often than not, a motorcycle attorney can negotiate with your insurance company and come to terms on a settlement. It'll help you avoid having to take your case to court.

But in the event that your attorney can't strike a deal, they'll be able to handle filing a personal injury lawsuit for you. They'll also be able to explain why filing a lawsuit is in your best interest based on the facts surrounding your case.

Filing a lawsuit and going to court could obviously complicate your life and cost you money in the process. But if it ends up getting you a significantly larger settlement in the end, it'll be worth it.

7. They Can Represent You in Court

Outside of helping you to file a lawsuit following your motorcycle accident, a motorcycle attorney can also stand by your side and represent you in court. They'll present a case for you, argue the facts about the case, and try to show a judge or jury that you deserve more than what your insurance company initially offered you.

You should never attempt to represent yourself in court if you don't have any experience doing it. The opposition will likely wipe the floor with you and make it difficult for you to collect money you might actually deserve.

By bringing an attorney in, you'll significantly increase your chances of winning your case. You'll also rest easier at night knowing that you don't have to figure out a way to launch a legal attack without any law experience.

8. They Can Paint You in a Favorable Light to a Jury

One of the biggest challenges you'll face in court is the misperception that many people have when it comes to motorcycle riders.

Most people are under the assumption that any accident involving a motorcycle rider is the motorcycle rider's fault. People wrongfully assume that motorcycle riders are all irresponsible and drive recklessly when they're out on the road.

You obviously know that this isn't true. But it's easy for lawyers to convince judges and juries otherwise. It's not uncommon for the perception of motorcycle riders to hurt them in court.

A good attorney can shoot down any misconceptions about motorcycle riders in court and show a jury that you're a responsible rider. They'll use things like your experience level and your expertise to show that you shouldn't be blamed for the crash that occurred.

9. They Can Get You the Money You Need to Fully Recover

At the end of the day, your goal is to collect enough money to pay for the damages done to your motorcycle and to pay the medical bills that you've racked up trying to heal from the injuries sustained during your crash.

Your motorcycle attorney will function with that goal in mind at all times. They'll make it their mission to find a way to get you the money you need to move forward with your life. That's what you're hiring them to do, and that will be their only goal while working with you.

10. They Can Allow You To Focus on the Recovery Process

You've been through a lot since your motorcycle accident.

A lot of the wounds you sustained have probably healed. But you might still have a long way to go until you're back to 100 percent as far as health is concerned.

Rather than spending all your time worrying about collecting compensation, you can worry about getting better when you hire a motorcycle attorney. Your attorney will take care of your legal problems while you concentrate on everything else you have going on in your life.

Taking this approach will be much better for you in the long run. It'll prevent you from having to deal with health issues well into the future.

Hire a Reputable Motorcycle Attorney Today

Trying to recover from a motorcycle accident can be a painful process. Don't make it any more painful than it has to be by refusing to hire a motorcycle attorney.

As long as you hire the right attorney, they'll be able to get you compensation for your accident so that you can get back on your feet in no time. It won't be long before you're on your bike again doing what you like to do best.

Contact us today to get a free consultation on your case. You can also check out our blog for more information on personal injury cases.

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Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation