Fatal accidents occur on a daily basis, even when safety precautions are taken. Losing a loved one can be devastating whether his or her death was the result of a vehicle collision, a workplace accident, or a defective product. In many of these cases, a person’s death could have been prevented, which can make it especially difficult to accept. However, the family left behind does have legal options for holding the responsible parties accountable. Although a wrongful death claim will not bring your family member back, the compensation received from it can allow you to recover financially and move on. 

Who Can File a Wrongful Death Lawsuit?

In Illinois, a wrongful death lawsuit must be filed within one year of the date of the victim’s death. According to the Illinois Wrongful Death Act, only certain people who are related to the deceased individual are eligible to file a lawsuit and recover damages. The claim can only be brought by any of the following individuals:

• The decedent’s spouse

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Obtaining a driver’s license is a rite of passage when individuals turn 16. With it comes a certain responsibility, and teenage drivers are subject to specific restrictions as young motorists. Some of these rules are put in place to prevent car accidents caused by inexperienced drivers. Despite the laws, there are various reasons that crashes can occur, including distracted or drunk driving, inclement weather conditions, and defective or faulty auto parts. Depending on the circumstances, injuries can be minor to serious or even fatal. According to the National Highway Traffic Safety Association (NHTSA), approximately 2 million drivers suffer a permanent injury every year from car accidents. 

Illinois’ Graduated License Program

The requirements for obtaining a driver’s license in Illinois are regulated by the Secretary of State (SOS). Like most states, Illinois has implemented a graduated driver licensing (GDL) program for first-time teenage drivers. The program increases driving privileges and levels of responsibility for teen motorists after they reach certain ages and complete the designated levels of education and practice.

In Illinois, the process involves obtaining a learner’s permit, completing a driver’s education course, getting a restricted or provisional license, and ultimately graduating to a full, unrestricted Illinois driver’s license. Before receiving a standard license, a teen driver must complete the following:

Research shows that people are living longer than they did in the past. However, many elderly individuals suffer from cognitive impairment, such as dementia, which is a leading cause of disability and dependency among older people globally. According to the World Health Organization (WHO), Alzheimer’s disease is the most common form of dementia, and it may contribute to more than 60 percent of all diagnosed cases. Any type of dementia can greatly impair a person’s memory and the ability to care for himself or herself. Relatives may be unable to meet their loved one’s needs, since they often require 24/7 care. That is why many afflicted with the disease must reside in a nursing home or assisted living facility. Sadly, those with diminished mental states may face an increased risk of injuries from nursing home abuse or neglect. 

Signs of Neglect and Abuse

Unfortunately, nursing home patients who have dementia may be targets of abuse, and perpetrators may think that they can easily be taken advantage of, since no one will believe the accusations they make due to their mental health. A perpetrator may also try to place blame on the patient for their injuries, and claim that a person’s dementia was responsible for any harm they have suffered. Residents with dementia may not be able to fully remember the abuse and tell family members or authority figures about it. 

Patients may also suffer from financial abuse. Staff members may convince a patient to write fraudulent checks, or they may steal cash or valuables from unsuspecting residents. If a person obtains a patient’s personal information, they can open credit cards or take out loans in the patient’s name. Sexual abuse can also occur, and this can lead to sexually transmitted diseases or post-traumatic stress disorder (PTSD) in residents of long-term care facilities. 

Many people take prescribed medication on a daily basis for a variety of health conditions. Individuals may also take medicine for a designated period of time after an illness or surgical procedure to combat the side effects or to avoid infections and other complications. Dosages are calculated using many factors, such as a patient’s height, weight, age, and underlying medical conditions. However, if the incorrect amount or the wrong type of medicine is given, a person can suffer serious injuries. In these cases, a physician, nurse, or pharmacist may be found liable for any damages a person experienced because of a medication error or other forms of medical malpractice. 

How Do Medication Mistakes Occur?

There are several reasons why medication errors take place. They may be the result of a lapse in judgment by the caregiver, or they can be due to an understaffed medical facility. Poor healthcare provider/patient communication, incomplete or missing medical records, and the absence of standardized precautions can also contribute to the likelihood of errors. It is important to note that a majority of medication administration errors occur in hospitalized children. This may be due to the fact that young people have never taken certain medicines before, so it can be difficult to determine an accurate dosage or prescription to give them. 

A few of the most common types of medication errors involve the following: 

Police brutality has been in the news lately, and many may think it simply involves officers using excessive or unreasonable force on suspects. However, police brutality can take other forms, including violating a person’s rights to due process, which can result in serious consequences. Examples of this include false arrest and imprisonment. Besides the psychological damage caused to a person after he or she is wrongfully arrested, other ramifications may take place. An individual could lose his or her job, resulting in significant financial problems and possible loss of child custody or parenting time. Although the U.S. Constitution states that every person is innocent until proven guilty, it is important to note that any civil rights violation is illegal despite a suspect’s innocence or guilt. An experienced civil rights attorney can help injured parties take legal action to hold police officers and police departments responsible for this unlawful behavior and activity.

Rights to Due Process

According to the U.S. Supreme Court, there are certain constitutional rights that every American has. When anyone is taken into custody and questioned, he or she must be informed of the following, known as the Miranda rights:

• You have the right to remain silent.

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Anytime someone hits the open road in a vehicle, he or she runs the risk of being involved in an automobile crash. According to the website driverknowledge.com, approximately 3 million people are injured every year in car accidents. Here in Illinois, vehicle fatalities have been on the rise despite fewer cars on the road due to stay-at-home orders issued in response to COVID-19. Advanced technology, sometimes referred to as “driver assistance,” is aimed to prevent the number of vehicle collisions as well as subsequent injuries and fatalities. 

Alerting Drivers of Potential Dangers

In an effort to make vehicles safer, many auto manufacturers are requiring crash prevention technology to be on all their newer models. The majority of accidents that occur are due to human error. New technology within the car industry has completely changed the way cars operate. Some of these features offer modern luxuries but many provide enhanced safety systems. 

A few of the safety options on today’s newer vehicles include the following:

Some citizens may find themselves in the wrong place at the wrong time. In certain situations, they may even be accused of a criminal act. According to the Constitution, every American is innocent until proven guilty. When a person is suspected of committing a crime, the police will likely ask the alleged offender a series of questions. In some cases, the officer may also perform a search of their vehicle or home. If the suspect is arrested for an alleged criminal offense, they are typically taken into police custody. Part of the investigation may also include questioning or interrogation. Police must follow proper protocol during these procedures, but unfortunately this is not always the case. In certain situations, officers may use improper tactics that can harm an individual, which can be considered a civil rights violation. 

Police Brutality

During an arrest, police often justify using force if they claim a suspect is not complying with a request. Unfortunately, it is all too common for officers to perform improper actions after arresting a suspect. Law enforcement personnel may use different techniques to get an accused person to confess to a crime, even one they did not commit. Tactics may include torture during interrogations or coerced confessions. This illegal activity can be considered a form of police brutality. Using excessive force, conducting a strip search or body cavity search, or even sexually assaulting a suspect are also ways that police can intimidate a suspect. 

An individual can also suffer injuries if an interrogation becomes violent. In some situations, an officer may punch, slap, kick, or inflict other harm on a suspect in an effort to extract a confession. Depending on the circumstances, someone can suffer minor to serious injuries because of police brutality. Some injuries might even require surgery and can include, but are not limited to, the following:

On May 25, 2020, people across the United States reacted in shock at the death of George Floyd. During an arrest, police officers in Minneapolis, Minnesota handcuffed Mr. Floyd and pinned him to the ground, and an officer knelt on his neck for over eight minutes. After Mr. Floyd's death, this officer was charged with third-degree murder. Subsequently, Black Lives Matter protests have been held across the country, and these have resulted in many other accusations of police brutality involving the use of tear gas, rubber bullets, pepper spray, police batons, vehicles, and other weapons.

At The Law Offices of David A. Kadzai, we strongly condemn illegal behavior by police officers. It is important for everyone to respect the law, including those who are sworn to serve and protect the public. Police brutality in any form is wrong. If you have been injured by police officers, we are here to stand by your side and help protect your civil rights. Contact us at 312-229-0050 to learn more about how we can help.    

Now that spring has arrived, the weather is warming up in Illinois. After being required to stay at home over the past couple months, many motorcyclists are looking forward to hitting the open road, whether they will be commuting to and from work at an essential business or seeking a reprieve from being cooped up indoors. May is National Motorcycle Awareness Month, and advocates are working to make other motorists more aware of motorcycle riders and help reduce or prevent accidents. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,000 motorcyclists were killed in traffic accidents in 2018. It is especially important for car and truck drivers to understand the safety challenges faced by motorcycle riders. Due to their lack of protection compared to vehicles, riders are more vulnerable to collisions and injuries. 

Illinois Motorcycle Laws 

There are certain laws that have been put in place to protect motorcyclists. In Illinois, a person must complete a required course and take a written and driving test before obtaining their motorcycle license. Additional requirements include traveling at the posted speed limit, wearing protective gear, and turning on headlights at all times, even during the daytime. Inclement weather such as rain, wind, and fog can reduce a cyclist’s visibility, so it is imperative that they take steps to ensure they are seen by other people on the road. 

Although Illinois does not require motorcyclists to wear helmets, they have been proven to help protect riders’ heads in the event of a crash. The following are a few other ways that a motorcyclist can reduce the likelihood of being involved in an accident: 

Chicago is the third largest city in the United States, and the latest census information puts its population at approximately 9.5 million people. The Chicago metropolitan area includes the city and its surrounding suburbs, and there are many public transit options for residents as well as tourists. Traffic in Chicago is known to be heavy, especially on weekdays during rush hour. That is why many city dwellers and suburbanites use mass transit to get to and from work. From Chicago Transit Authority (CTA) and Pace buses to “the L” (elevated trains), Metra trains, and water taxis, there are many ways to get all over the city without driving a vehicle. However, as with other forms of transportation, there is the potential for injuries in the event of a mass transit accident.    

Common Types of Injuries

Due to the immense size and weight of buses, trains, or ferries, being involved in a collision with them can have devastating consequences. These modes of transportation do not typically have seat belts for passengers, so people are less protected than they would be in other vehicles. In the event of a collision, the occupants can be ejected from the bus, train, or boat. An explosion and subsequent fire can also break out after trains hit each other head-on. In addition, if a pedestrian or bystander is struck by a train or bus, he or she can suffer debilitating or even fatal injuries depending on the speed at which the transit vehicle was traveling.

A few of the injuries most often sustained in a public transit accident include: