injury

Should I File a Personal Injury Lawsuit?

Published on: December 18, 2020 | By Hart David Carson LLP

Often, severe accidents warrant filing a lawsuit. However, it’s important to recognize when legal action is appropriate. Attorneys evaluate cases based on their viability, meaning your case has to be worth pursuing before they take it on. They’ll do so by looking at a number of factors.

Factors to Consider Before Suing

Lawsuits can be expensive to pursue, so your attorney will need to determine whether your case is worthwhile. The factors that need to be considered before filing a personal injury lawsuit include the following.

How Much Is a Spinal Cord Injury Worth?

Published on: October 4, 2020 | By Hart David Carson LLP

Spinal cord injuries can be catastrophic, often resulting in severe lifelong disability. If one of these injuries results from negligence on the part of another party, it may be worth a significant amount in damages.

Typical Damages for Spinal Cord Injuries

For extreme spinal cord injuries resulting in lifetime tetraplegia (loss of use of all four limbs), the average lifetime medical costs are estimated to be over $5 million by The National Spinal Cord Injury Statistical Center. However, many spinal cord injuries only result in a partial loss of mobility, such as paraplegia (lost use of the legs and lower body).

How Much Are Fireworks-Related Injuries Worth?

Published on: July 6, 2020 | By Hart David Carson LLP

Every year, nearly 13,000 people are injured by fireworks. Most of those fireworks are legal, though injuries may result from the negligent actions of another person. In those cases, there may be grounds for a personal injury lawsuit.

Calculating the Worth of Firework-Related Injuries

Personal injury lawsuits resulting from fireworks include various types of damages. As such, if you’ve been injured by negligent use of fireworks, or if the fireworks used were defective, you may be entitled to the following:

Workers’ Compensation and Wrongful Death in Illinois

Published on: June 11, 2020 | By Hart David Carson LLP

Workplace accidents can sometimes be fatal, but even if the employer was at fault, a lawsuit may not be possible due to the way workers’ compensation law works. In Illinois, workers (or in this case, their families) cannot sue the employer for negligence in these cases. However, there may be a possibility for a wrongful death lawsuit if other parties were involved in the injury.

The Workers’ Compensation Trade-off

Illinois workers’ compensation law is something of a trade-off. Employees cannot sue their employer for their injuries (except in certain rare cases), and employers are obligated to carry workers’ compensation insurance. Workers’ compensation benefits are provided regardless of fault, which means that while the employer may not necessarily be directly liable for a workplace injury, they are still responsible for covering the cost of those injuries.

Personal Injury, Duty of Care, and Coronavirus

Published on: May 18, 2020 | By Hart David Carson LLP

The spread of COVID-19 has caused a wide range of concerns for people everywhere, including worry about what will happen if they get sick. Falling ill with the virus can have a serious impact, and some may wonder if there might be cause for a lawsuit in the event of sickness.

Others may be concerned about the liability they might bear for the spread of the virus. The kind of shape that may take depends on how much of a duty of care will be expected from individuals and businesses when it comes to limiting the spread of the virus.

What Is Duty of Care?

Handling Disputes During COVID-19

Published on: May 4, 2020 | By Hart David Carson LLP

COVID-19 has changed the face of nearly every aspect of society, including the way we handle disputes. Businesses and individuals who would normally handle their disputes in one fashion have found the need to adapt.

Obstacles to Litigation

The pandemic has caused courts at all levels to delay most hearings. Some courts are shifting some of their meetings and operations to a virtual platform, whereas others are simply delaying all but the most pressing hearings until things clear up.

Doing Your Part to Maintain a Healthy Workplace

Published on: April 29, 2020 | By Hart David Carson LLP

With concerns about infectious disease going around, it’s more important than ever for employers to maintain a healthy work environment for their employees. There are many ways to accomplish this, but they all require diligent effort.

Workplace Wellness and Employer Liability

Before we get into the details on how to keep your work environment as healthy as possible, it’s worth noting where employers are liable when it comes to the health of their employees.

What Cases Qualify for Punitive Damages?

Published on: April 13, 2020 | By Hart David Carson LLP

If you have been injured as a result of another person’s negligence, it’s natural to want to see that person punished. However, the primary purpose of personal injury damages is to compensate you for your injury, not necessarily to punish those responsible.

That said, punitive damages are occasionally assessed in order to directly penalize those responsible for an accident or injury. That said, they don’t apply in most cases, so they’re fairly rare.

Understanding Punitive Damages

Common Questions About Illinois Workers’ Compensation

Published on: April 10, 2020 | By Hart David Carson LLP

Some of the most common questions Illinois residents have when it comes to worker’s compensation—as well as their answers—include those below.

What Injuries Does Workers’ Compensation Cover?

Workers’ compensation is designed to cover work-related injuries. As such, it pays for injuries or serious illnesses contracted in the course of your work duties.

Can I Sue My Employer if I Get Sick at Work?

Published on: March 23, 2020 | By Hart David Carson LLP

Illinois workers’ compensation law prevents employees from suing their employers in the event of a workplace injury, including illnesses contracted on the job.

However, employees may be able to recover benefits if they become ill as a result of performing workplace duties.

Workers’ Compensation and Employer Liability