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Common Premises Liability Cases in Illinois

 Posted on December 30, 2024 in Personal Injury

Naperville, IL personal injury attorneyIf you are hurt due to a property owner’s negligence, you may have strong grounds for a premises liability case, a type of personal injury claim. To file a successful premises liability claim, you must generally prove that you were legally allowed on the property, that the owner failed to reasonably address a known hazard, and that you were injured by said hazard.

You may not be aware of what does and does not constitute a case of premises liability. A Naperville, IL personal injury lawyer can inform you of your rights and help you get compensation if you have grounds for a claim. The attorneys at Rathbun, Cservenyak & Kozol LLC have secured millions of dollars in verdicts for clients in past cases, as we refuse to back down in negotiations with businesses, insurance companies, and other liable parties.

Slip and Fall Accidents

Slip and fall accidents serve as the classic example of premises liability. This is common with restaurants, bars, and grocery stores, where the risk of a liquid spill is higher. A property owner has a responsibility to clear the hazard or at least issue a clear warning – often observed in the form of ‘wet floor’ signs. Broken floor tiles, faulty steps, and poor lighting can also create a slip and fall hazard.

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Dealing With Catastrophic Injury in Factory Accidents

 Posted on December 13, 2024 in Workers' Compensation

Naperville, IL personal injury lawyerFactory work often entails hard labor with a high risk of injury. In the worst-case scenario, you could end up permanently disabled after a factory accident, forcing you out of work and depriving you of an income. If you have suffered a catastrophic injury at your job, an attorney can hold your employer accountable and fight for your right to financial aid. 

At Rathbun, Cservenyak & Kozol LLC, our DuPage County, IL workers’ compensation lawyers are committed to helping injured factory workers recover the compensation they are owed. In one stand-out case result, we successfully secured $2.4 million for a client who was critically injured on a scissor lift.

Types of Catastrophic Injury

"Catastrophic injury" is a general term that describes life-altering injuries with long-term or permanent effects. Not all catastrophic injuries are sustained in a single dramatic accident. Sometimes, harsh conditions in the workplace can lead to the body breaking down over time. Common examples of catastrophic injuries in a factory setting include:

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Proving Medical Malpractice in a Wrongful Death Case

 Posted on November 26, 2024 in Personal Injury

IL injury lawyerHealth care providers should be the safest people to entrust a loved one’s care to. When a doctor or nurse makes a serious mistake that leads to the death of a patient, he or she can be held financially responsible for that mistake in a wrongful death lawsuit. However, wrongful death cases based on medical malpractice can be challenging to prove. In some cases, the surviving family initially has very little information about how their close relative died. It may not be clear whether this was a medical error, an inevitable death caused by a medical condition or injury, or a mishap that was not the result of negligence on the hospital’s part. A medical corporation is very rarely willing to acknowledge that a patient’s death was caused by malpractice if the family has not already become suspicious. You will need a highly experienced Joliet, IL medical malpractice attorney to help you obtain the evidence you will need to prove your case.

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When a Work Accident Affects Your Earning Capacity

 Posted on November 15, 2024 in Workers' Compensation

IL injury lawyerWhen a worker is left permanently and totally disabled after a workplace accident, workers’ compensation can often replace the worker's entire paycheck. However, a lot of workers who have sustained permanent and life-altering injuries are no longer able to do the job they had before but are still able to do some work. For example, a factory worker who lost an arm and cannot keep working on the assembly line might be able to find work as a crossing guard or a cashier. However, this job is likely to pay less. In these cases, workers’ compensation can often make up the difference between what you were able to earn before and what you can earn now. If you had to take a lower-paying job after a workplace injury, an experienced Naperville, IL workers’ compensation attorney might be able to help you gain compensation for your lost wages.

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Halloween and Pedestrian Accidents in Residential Areas

 Posted on October 24, 2024 in Personal Injury

IL injury lawyerHalloween is widely considered one of the most fun holidays by children and adults alike. Children get to dress up in costumes and go trick-or-treating. Adults are more likely to celebrate by heading out to the bars or to house parties, possibly also in costumes. Unfortunately, this means that there is a higher-than-average number of drunk drivers out on the one night of the year when children flood the street just after dark. This creates a very dangerous situation for everyone involved. If you are injured by a drunk driver this Halloween, an experienced DuPage County, IL pedestrian accident lawyer can fight to recover compensation for you.

4 Reasons Halloween is Particularly Dangerous

A few of the reasons why Halloween is a particularly risky night for pedestrians in residential areas that are normally quite safe include:

  • Families are out - While New Year's Day is the most common day of the year for drunk driving accidents in general, Halloween is more dangerous for children. While families with young children tend to stay home on New Year’s Eve, so they are not out driving in the deadly post-midnight hours, families with young children are usually out trick-or-treating. 

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Workers' Compensation After a Catastrophic Injury

 Posted on October 10, 2024 in Workers' Compensation

IL workers' comp lawyerAny workplace injury can have serious short-term effects. Most injured workers will need some time off and might need assistance with the normal activities of daily living while they are healing. Something as simple as a broken finger can prevent you from doing your job for weeks. Other injuries are permanent, life-altering, and devastating to deal with. After a workplace injury leaves you permanently disabled, finding purpose and meaning in life again can take time. If you suffered a catastrophic injury while at work, you may be entitled to significant compensation that can replace your lost wages and more. An experienced Will County, IL workers’ compensation lawyer can help.

What is a Catastrophic Injury? 

A catastrophic injury is one that is permanent and life-altering. These severe injuries will never fully heal and impact how you function in daily life. Common examples of catastrophic injuries include: 

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Why Should I Hire an Experienced Personal Injury Lawyer?

 Posted on September 26, 2024 in Personal Injury

DuPage County Personal Injury AttorneyYou have probably seen ads urging you to call a personal injury attorney after you are injured in an accident and wondered why you need a lawyer to file your claim. You do not have to hire an attorney; you can handle your claim alone. However, there are several reasons why it is usually a good idea to choose a skilled law firm that focuses on personal injury law. Rathbun, Cservenyak & Kozol LLC explains.

How Do Personal Injury Claims Work?

Most personal injury claims are based on negligence, which means failing to behave like a reasonable person would in the same situation. After an accident or incident, qualified injured victims can seek compensation from at-fault parties by filing an insurance claim. Many claims arise from:

What To Do If My Boss Retaliates for My Workers’ Comp Claim?

 Posted on September 12, 2024 in Workers' Compensation

Naperville, IL Personal Injury LawyerIllinois laws require most employers to carry workers’ compensation insurance coverage for their employees, which pays specific benefits if they are injured while at work or develop a work-related illness. These laws also prohibit employers from retaliating against employees who file workers’ comp claims. Unfortunately, some employers ignore that prohibition and do penalize workers. Employees may hesitate to file a claim because they fear being fired or harassed.

Whether you need assistance filing your workers’ comp claim, help with a denied claim, are fighting to get full benefits, or your employer is retaliating because you filed a claim, an experienced lawyer from Rathbun, Cservenyak & Kozol LLC can help. Call us today to discuss your situation.

What Does Workers’ Comp Cover?

Every job has potential risks. Construction workers may fall from heights, office staff might get carpal tunnel syndrome, and warehouse employees can sustain back injuries. Others may become ill from exposure to toxic substances. Workers’ comp benefits should pay for your medical expenses, a portion of your lost wages, and disability.  

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Do Pregnant Women Get More Money in Car Crash Claims? | IL

 Posted on August 28, 2024 in Personal Injury

Naperville, IL personal injury lawyerIn 2022, there were almost 300,000 motor vehicle accidents in Illinois, injuring nearly 84,000 people and causing almost 1,300 fatalities. Sadly, some of those accident victims were pregnant.

Do pregnant women get higher settlement amounts in car accident cases? What kinds of compensation are available? The knowledgeable lawyers at Rathbun, Cservenyak & Kozol LLC explain.

Collision Risks for Pregnant Women and Unborn Children

Although careful vehicle design provides some protection, the human body is vulnerable during collisions. Particularly in advanced stages of pregnancy, the mother and fetus can both sustain injuries due to:

What Is the Exclusive Remedy Rule in Workers’ Comp Cases?

 Posted on August 15, 2024 in Workers' Compensation

Naperville, IL workers' compensation lawyerIf you sustain a work-related injury or become ill due to your employment, you can receive workers’ compensation benefits that cover your medical expenses and part of your lost wages. You may also qualify for disability benefits, and eligible survivors of workers who lose their lives may be able to obtain survivor benefits. However, these cases have restrictions, notably the exclusive remedy rule.

Workers’ comp claims in Illinois can be complex. A knowledgeable workers’ compensation lawyer from Rathbun, Cservenyak & Kozol LLC can help you overcome potential challenges to reach a successful resolution to your claim.

What Is the Exclusive Remedy Rule?

Employers are obligated to provide workers’ comp insurance for their employees. These benefits are active on the first day of employment, and you do not have to prove fault to receive them. However, the exclusive remedy rule is a key concept in these cases.

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