Wrongful death cases are devastating, not to mention challenging and emotionally draining. Losing a loved one is a difficult experience to endure as it is, but when your friend or family member passes away due to someone else's negligent behavior, the loss is compounded by the understanding that this did not need to happen this way.

Amid the shock and the grief that stems from the death of a loved one, many family members are unsure about what they should do next or where they should turn. Many wonder if a wrongful death case is worth pursuing, as people often assume that wrongful death cases are too hard to prove. While they are difficult, they are not impossible. 

What is a Wrongful Death Case? 

Before pursuing a wrongful death case, it is important to understand what a wrongful death entails. In Illinois, a wrongful death is classified as the death of an individual as the result of another person's negligence. If one party conducts himself or herself in a negligent manner and their actions cause the death of another party, then the party acting negligently may be proven to be at fault for the deceased party's death. 

As much as we may all want to be able to trust other drivers on the road, it is in our best interests to be proactive and alert when operating a motor vehicle. Even if you have full faith in your own driving abilities, you never know how another driver may act on the road. 

Sometimes, people choose to drive recklessly and disobey roadway laws, placing not only themselves in harm’s way but other people as well. This type of behavior is known as negligence. 

The Definition of Negligence

Negligence can be thought of as behavior in which a person does not conduct his- or herself in a reasonable manner and subsequently harms another party. If someone fails to drive in accordance with the law, their actions are considered negligent because they owe it to fellow drivers to conduct themselves in a safe manner, yet they failed to uphold that responsibility as a driver.  

When a victim of negligence first walks into a law office, their first questions are often who can I sue? And what is my case worth?

Of course, the answers hinge on a variety of factors. Simply attributing fault and assigning value to a specific claim can be complex undertakings. Furthermore, a variety of legal doctrines, often varying by state, influence how a case may proceed. In the State of Illinois, a good starting point for understanding liability in the personal injury context is the concept of joint and several liability.

What Is Joint Liability and Several Liability?

Joint and several liability may be pertinent when more than one party is at fault for the plaintiff’s injuries.

Swimming pools are associated with honest fun and relaxation. However, people frequently return from their swim with more than a tan. Americans all across the country are seriously injured in swimming pools every single year. In fact, more than 2,000 children are admitted into emergency rooms annually because of submersion injuries alone. Those that survive face a litany of challenges. Besides a long physical recovery, they may face medical debt, job loss, and mental trauma. Thankfully, victims have rights. If their injuries were caused by negligence or wrongdoing, they can take legal action against those responsible. A successful suit could bring a financial windfall, compensating the victim for their losses. Swimming pool lawsuits can take many different forms.

Swimming Pool Negligence and Premises Liability

Swimming pool owners owe a duty of care to everyone who enters their property. They are required to create a safe environment, keep the pool free from hazards, and take the necessary precautions to ensure the safety of all swimmers.

If they violate their duty and someone suffers injuries as a result, they may be held liable.

The journey back to normal after a serious car accident is long and arduous, no matter the circumstances. However, the difficulty of your recovery is, to a degree, determined by the choices you make in the crash’s aftermath.

Unfortunately, accident victims frequently make poor decisions that do far more harm than good. If you are in a car crash, here are four common mistakes to avoid:

Not Calling the Police

The first thing you should do after a serious car accident is call 911. Law enforcement can help get the scene under control and make sure the injured receive medical care.

A runaway semi-truck is one of the scariest sights on the road, but it is made even scarier if the truck begins to jackknife.

The term “jackknife” describes the phenomenon of a runaway truck folding at the joint that connects the rig to the trailer. The end shape, with the rig and trailer facing opposite directions, vaguely resembles a type of foldable utility knife sometimes called a “jackknife.”

A jackknifing truck has a unique capacity for roadway destruction. When a jackknife occurs, it becomes almost impossible for the driver to maneuver or direct the vehicle in anyway. The truck is sent careening down the road, its trailer swinging violently like a giant pendulum, smashing anything that crosses its path.

More than 70 percent of goods transported across the country are moved by large commercial trucks. Unfortunately, semi-trucks, flatbeds, and other cargo-carrying trucks can also present a deadly threat to motorists and passengers. If you or a loved one were hurt in an accident caused by loose or fallen truck cargo, it is important to understand your legal options. You may be able to hold the at-fault party accountable through a truck accident injury claim. You may also be entitled to monetary damages. However, to recover damages, you will need to know who is at fault.

Accidents Caused by Improper Loading and Securement of Truck Cargo

Though rare, truck cargo can sometimes spill out of the truck and onto the road. Objects may strike a vehicle and injure an occupant directly or cause the driver to lose control of the vehicle and crash. Accidents may also occur because motorists are trying to avoid the fallen truck cargo on the road.

For many people, going out to eat or visiting the local bar are some of the best ways to unwind after a stressful workday. Unfortunately, what should be a fun, relaxing evening can turn into a nightmare in an instant. If you or a loved one were the victim of assault, battery, or robbery, at a commercial establishment, you know just how quickly physical violence can escalate.

Often, physical attacks at businesses like bars and restaurants are caused or contributed to by inadequate security measures. Because businesses owe a legal duty of care to customers, these businesses may be held accountable through a premises liability claim.

When a manufacturer designs and produces a product that eventually makes its way to the public, the public trusts that the product has gone through rigorous safety testing and that stringent quality controls are in place during the manufacturing process. That is not always the case and many products end up being recalled. Vehicles are one of the most common products recalled each year. Unfortunately, for a variety of reasons, millions of recalled vehicles are never repaired but are still on the roads, creating a dangerous situation for both the vehicle’s driver and everyone they share the roads with.

Vehicle Recalls

A vehicle can be recalled in a number of different ways. Sometimes, the vehicle manufacturer discovers the defect – either on their own or through warranty claims filed or complaints from customers and/or vehicle dealers – and voluntarily issues the recall in order to repair the issue. In other cases, the National Highway Traffic Safety Administration (NHTSA) receives complaints from consumers and will conduct an investigation that eventually results in the recall.

Once a recall is issued, all vehicle owners are supposed to be notified in writing, explaining details of the recall and what steps they need to take to get their vehicle repaired. The NHTSA has reported in the past that approximately one-third of owners fail to get their vehicles repaired. The older a recalled vehicle is, the less likely it will be brought in for repairs. This is often due to the vehicle manufacturer’s inability to contact the owner because they have an old address or the vehicle has been sold to someone else. There are also many owners who choose to ignore the recall notices they receive.

Friday, September 17, 2021, is National Concussion Awareness Day. Concussions are one of the most common types of injuries a person can suffer in an accident. Even what appears to be a minor blow or bump to the head can result in a concussion. Unfortunately, concussions and other traumatic brain injuries can leave the victim with long-term and, in some cases, even permanent damage.

Concussion Facts

Any type of accident can result in a concussion, including sporting and recreational activities, vehicle accidents, and slip and fall accidents. Whenever there is a blow to the head or any sudden movements that causes the head to jerk back and forth, there is a risk of the brain getting jerked or bounced around in the skull. This movement can cause the chemicals in the brain to change and damage brain cells. This damage can have a significant impact on the victim’s personality and physical and cognitive abilities.

Symptoms of a concussion are often not always evident immediately following the accident. This is why it is critical for a victim to seek out medical attention right away, even if the injury appears to be a minor one. A doctor will evaluate the victim and determine if there are any signs of a concussion or other brain injury and provide details on what other symptoms to watch out for.

Being involved in any type of vehicle accident can result in a victim suffering serious injury, however, accidents involving tractor-trailers and other large commercial trucks often result in catastrophic injuries, usually for the occupants in the other vehicle. The size and massive weight of commercial trucks can do significant damage to a passenger vehicle in a truck accident, leaving the vehicle’s occupants vulnerable to severe injury and death.

Truck Accident Statistics

It is estimated that about 70 percent of all goods transported in the United States get to their destinations by truck. The considerable number of large trucks on the nation's roads appear to confirm this statistic. That number also means that there is a high potential for truck accidents.

According to data collected by the Federal Motor Carrier Safety Administration (FMCSA), 75 percent of all fatal passenger vehicle accidents involve a large truck. In 70 percent of all fatal truck accidents, the victims are the passenger vehicle occupants. More than 5,000 people are killed in truck accidents each year.

For years, there have been jokes about how bad women drivers are. This idea has been bandied about for the past century, becoming the topic of many stand-up comedian routines and sit-com television shows. The truth, however, according to multiple studies, is that men appear to be the poorer drivers, responsible for many more vehicle accidents than women.

Bad Driving Behaviors

Many studies have been done that conclude that male drivers have a higher traffic accident rate than female drivers. One of the main causes for the discrepancy is that males tend to engage in bad driving behaviors, such as speeding, aggressive driving, and driving under the influence, more than women. Male drivers are also more likely not to wear a seat belt.

Statistically, when it comes to bad driving behaviors, the rate of men who engage is higher than women in just about every area:

The trucking industry is vital to our modern way of life. Unfortunately, accidents involving large trucks often cause catastrophic and even fatal injuries. If your loved one was killed in a truck accident, it is important to know your legal options. Legal action cannot bring back your loved one. However, a wrongful death lawsuit against the liable party may benefit you and your family in several ways.

Holding the At-Fault Party Answerable for Your Tragedy

The loss of a loved one is devastating regardless of the circumstances. Losing a loved one in a preventable auto collision is especially tragic. Human error is the most common contributor to large truck crashes. Distracted driving, fatigued driving, speeding, and unsafe lane changes are just some of the issues that can lead to a fatal truck accident. Trucking company negligence in the form of negligent hiring practices or insufficient truck maintenance may also cause truck crashes.

A wrongful death lawsuit allows you to hold the liable party accountable for the devastation your family is suffering. A wrongful death case is sometimes brought in conjunction with a criminal case, but criminal charges are not a prerequisite to a successful wrongful death action.