Blog | Dinizulu Law Group, Ltd

When is a Trucking Company Liable?

September 23, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Truck accident victims can frequently hold trucking companies legally and financially responsible for employing negligent drivers, failing to maintain their fleet or violating trucking regulations.

Negligent Hiring and Retention

Negligent hiring and retention can form the basis for a trucking company’s liability for a truck crash. This occurs when a trucking company fails to screen, hire or retain competent and qualified truck drivers. A trucking company can face liability for an accident traced back to its negligence in hiring or retaining a driver.

For example, a trucking company can be held liable for an accident if the evidence shows it hired or retained a driver with a history of drug or alcohol abuse, traffic violations or inadequate qualifications or licensing. You can also hold a trucking company liable if it retained a driver despite knowledge of dangerous conduct, including repeated safety violations or failures to comply with trucking regulations like hours of service requirements.

A skilled trucking accident attorney can prove negligent hiring or retention by securing relevant information on the driver’s background, previous traffic violations, employment records, and drug and alcohol test results. An attorney will also look for evidence that the trucking company ignored red flags or failed to take appropriate action when informed about a driver’s dangerous behavior.

Establishing a connection between the trucking company’s negligence and the accident is critical for a successful claim based on a trucker’s deficient hiring or retention.

Negligent Training and/or Supervision

Truck drivers go through training and supervision to ensure they operate commercial vehicles safely and follow relevant regulations. All trucking companies must train and supervise their employees responsibly. Inadequate training or supervision may result in trucking accidents, leading to a potential liability for a trucking company.

Some examples of negligent training and supervision include failure to provide safety training or establish operational protocols, inadequate instruction on vehicle operation, disregard for regulatory requirements or negligence about a driver’s qualifications to operate a truck.

An experienced truck accident attorney will gather evidence demonstrating a trucking company’s failure to provide proper training or oversight to establish liability based on negligent training or supervision. This will include employee records, collecting training materials, internal communications and witness testimony about the company’s day-to-day operations and interactions with its employees.

Negligent Cargo Loading and Securement

Proper cargo loading and securement are critical in the trucking industry to ensure the safety of the truck driver and other drivers on the roads. Trucking companies can face liability when incorrectly loaded or inadequately secured cargo shifts or spills during transit cause an accident.

Accidents due to improper cargo loading or securement include rollovers or loss of control when shifting cargo that makes a truck unstable, explosions or spills of flammable or toxic cargo and collisions resulting from cargo falling or spilling onto a road. Cargo-related accidents can lead to severe injuries, property damage and fatalities.

Holding a trucking company liable based on cargo-related issues involves analyzing the company’s interview process for employees, loading cargo, examining cargo manifests and weight tickets, and reviewing crash footage for signs of shifting or spilled cargo.

Liability Due to Failure to Comply with Trucking Regulations

The trucking industry has strict regulations. The Federal Motor Carrier Safety Regulations govern a variety of safety-related aspects of trucking operations in interstate commerce, such as driver qualifications, hours of service, vehicle maintenance and hazardous materials transport. State agencies promulgate similar regulations dictating standards for intrastate trucking operations.

A truck crash often implies that the trucking company has violated safety regulations. If so, a legal doctrine known as negligence per se may help a truck crash victim’s attorney in proving the company’s liability. Under this doctrine, a violation of law will establish liability if it leads to an accident.

Relying on negligence per se to prove a trucking company’s liability can simplify and strengthen your case. Your attorney will gather and present clear evidence of a regulatory violation resulting in the trucking company having little choice but to acknowledge liability for your losses.

Potential Compensation for Truck Accident Injuries

The law may entitle you to recover a variety of damages from a trucking company after you were injured in a truck accident due to the driver and/or trucking company’s negligence. You can seek compensation for the physical, financial and emotional harm you suffered from any liable party for your losses.

You may receive compensation for:

Medical expenses in treating crash-related injuries and health complications
Other expenses related to living with or adapting to your injury
Physical pain and discomfort from an injury or any medical treatment
Emotional suffering and mental health challenges resulting from the injury
Diminished enjoyment or quality of life
Loss of independence
Scarring, disfigurement or loss of bodily function
Loss of income and job benefits from missing work due to your injuries
Loss of future earnings and benefits due to a disability caused by the truck accident
Cost of repairing or replacing a damaged vehicle or personal property

Contacting a Personal Injury Lawyer Who Will Hold the Trucking Company Liable

You can hold a trucking company liable for losses you suffer when it has engaged in negligent hiring or retention, training or supervision, vehicle maintenance or inspection, cargo loading or securement and violation of trucking industry regulations; however, proving that liability and holding a trucking company accountable for a crash victim’s losses takes the work of a skilled, experienced truck accident attorney.

If you or someone you love recently suffered injuries in a truck accident, there’s a good chance a trucking company owes you significant compensation. Don’t wait to get the legal help you need. Reach out to a personal injury attorney right away so they can get started on the claim process.

The attorneys at the Dinizulu Law Group know that high legal fees can make proper representation difficult for some Chicago residents. That’s why we always offer our first consultation free of charge. Meet with one of our qualified Chicago semi truck accident attorneys to see if you have a case. Contact us today at (312) 384-1920.

What is Needed to Prove Wrongful Death in Illinois?

September 23, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Losing a loved one is a tragedy and the emotional burden can feel unbearable when someone else’s negligence or recklessness causes the death. It may seem daunting to deal with a wrongful death claim, but seeking justice and compensation can help your family move forward after an accident.

A skilled wrongful death lawyer can provide a clear understanding of what you need to do to reach a successful resolution and effectively prove a wrongful death claim.

Every state has a set of laws that apply to wrongful death claims. Read this week’s blog to learn the key aspects of these laws, including who is eligible to file a wrongful death claim in Illinois, what type of damages may be available and the time limits on filing this type of lawsuit in the state’s civil courts.

How Illinois Defines “Wrongful Death”

Under Illinois law, a wrongful death occurs when a person dies as a result of another party’s “wrongful act, neglect or default.” A wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had he or she survived. Another party must step in and file a wrongful death claim on behalf of the deceased person.

Various types of events can be the basis for a wrongful death claim, such as:

medical malpractice
negligence-based incidents, including car accidents
intentional acts like crimes

Who Can File a Wrongful Death Claim in Illinois?

In Illinois, a wrongful death claim must be filed by the personal representative, also known as the “executor, of the deceased person’s estate. If the deceased person dies without appointing a personal representative in their estate plan, the court may appoint a personal representative. That means the personal representative is responsible for pursuing the wrongful death claim, as well as carrying out other tasks related to the estate.

What Types of Damages are Possible in a Wrongful Death Case in Illinois?

In a successful wrongful death lawsuit, the court will award “damages” which are the plaintiff’s claimed losses to the deceased person’s survivors or estate. In Illinois, damages are paid to the deceased person’s surviving spouse or next of kin according to their level of dependency.

Damages are intended to compensate the deceased person’s survivors not only for the financial losses associated with the death but also for intangible losses suffered by the family. Some common types of damages awarded in Illinois include compensation for:

survivors’ grief, sorry and mental suffering
loss of financial support the deceased would have provided, such as lost wages and benefits
loss of consortium which means the loss of companionship and loss of society
loss of instruction, education and moral training the deceased would have provided to any surviving children

Depending on the state you live in, it may cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit; however, Illinois currently has no such limit.

How Long Do I Have to File a Wrongful Death Lawsuit in Illinois?

Wrongful death lawsuits must be filed within a specific period of time which is set forth by a law known as the statute of limitations. In Illinois, the statute of limitations for a wrongful death lawsuit to be brought forth is two years from the date of the person’s death; however, if the person died as a result of “violent intentional conduct,” the lawsuit must be filed within five years from the date of their death.

Contacting a Wrongful Death Attorney in Illinois

If you’re considering filing a wrongful death lawsuit in Illinois, you should consult a personal injury or wrongful death lawyer right away. Wrongful death cases can be complex and an experienced attorney will help explain how Illinois law will apply to your specific situation.

If a friend or family member has become a victim of wrongful death, contact the Dinizulu Law Group today. The initial consultation is always free. If we take on your case, we will work on a contingency fee basis meaning we get paid for our services only if we recover money for you. Contact us today at (312) 384-1920 to hear how our lawyers can help you.

Filing a Wrongful Death Claim After a Car Accident

September 20, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Losing a loved one in a car accident is a painful, traumatic and excruciating experience for the surviving family members. Not only do you have to face the emotional pain that comes with losing a loved one, but you may also deal with financial hardships resulting from the unexpected loss. When another driver’s negligence contributes to an untimely death, a family can file a wrongful death claim to seek justice and compensation for the damages.

Wrongful death claims vary from state to state

Wrongful death laws differ from state to state meaning that the specific rules and requirements governing your claim will depend on the state where the accident occurred. For instance, some states may impose caps on the damages awarded in wrongful death cases, while others may require claimants to follow specific procedural requirements.

A skilled wrongful death lawyer can explain the laws that apply in your particular case and how they can affect the outcome of a claim or possible lawsuit. Discussing the local statutes and regulations in a case can help you know what to expect. Laws that can affect your case include the deadline for filing your claim, the specific elements of negligence you must prove and the types of damages you may recover.

You’ll want to hire a lawyer who is familiar and understands these rules because even minor mistakes or oversights can lead to the dismissal of your case or a reduction in the compensation you receive.

Consulting a wrongful death attorney

Given the complexity of wrongful death laws and the variations between jurisdictions, consult with a local attorney with prior experience handling wrongful death claims. The wrongful death lawyers at the Dinizulu Law Group will help you navigate the legal process, ensuring that your claim adheres to the relevant statutes and regulations while also vigorously advocating to maximize your chances of recovering damages for your loved one’s death.

Wrongful death statute of limitations

Each state has its statute of limitations that dictate the time frame within which you must file a wrongful death claim. The time limits typically range from one to three years from the date of the decedent’s death. In some states, the clock begins from the time of the misconduct leading to the death.

Missing the deadline that the statute of limitations sets can have severe consequences for your wrongful death claim. In most cases, the court will dismiss your claim, which means you lose the opportunity to recover any damages for your loved one’s death. Given these implications, you must act promptly and consult with an attorney as soon as possible to avoid losing your legal rights.

Establishing negligence for a wrongful death lawsuit

To succeed in a wrongful death claim, you must prove the defendant was negligent in causing the death of your loved one. Negligence requires establishing four key elements: breach of duty, duty of care, causation and damages. Your attorney will help guide you through these elements and gather the necessary evidence to support your claim.

Breach of duty of care occurs when the defendant fails to uphold the legal obligations to act in a reasonably safe and prudent manner. For example, a driver who speeds, disregards traffic signals or drives under the influence of alcohol breaches their duty of care to others.
Causation in a wrongful death means proving that if the defendant had acted responsibly, your loved one would not have died. A wrongful death lawyer can help you gather proof to establish causation and support complex claims.
Gathering evidence to prove negligence may include obtaining police reports, witness statements, accident scene photographs, medical records and expert opinions. A lawyer can also analyze this evidence to identify a legal argument that supports your claim, increasing the likelihood of a favorable outcome.
Damages in wrongful death claims is intended to compensate the surviving family members for their loss. These damages fall into two categories: economic and non-economic. Economic damages cover quantifiable losses including medical expenses, funeral and burial costs, and loss of income and support. Non-economic damages compensate for non-tangible losses such as pain and suffering, loss of companionship and emotional distress.

Parties involved in wrongful death claims

A wrongful death claim may involve various parties due to the impact of the untimely death of your loved one. As you navigate through the wrongful death claim process, it will help you to know how each part can affect the process and outcome of your claim:

The personal representative of the deceased’s estate is the person who typically files a wrongful death claim. This individual is responsible for ensuring the settlement of the deceased’s debts, taxes and overseeing the distribution of assets to the appropriate beneficiaries. In many cases, the deceased will name the personal representative; however, if it doesn’t, then the court will appoint a suitable person.
Common eligible family members include spouses, children and parents of the deceased. In some cases, siblings, grandparents and other relatives may be eligible to claim damages depending on the circumstances and state laws.

An experienced wrongful death lawyer will help guide you through the complex legal process and ensure you receive fair compensation for your loss. They will help you understand your rights, gather evidence, calculate damages, negotiate with insurance companies and navigate the court system.

Hiring an experienced attorney with a background in representing clients in wrongful death claims will increase the likelihood of a successful outcome and alleviate some of the stress and burden associated with pursuing legal action after losing a loved one.

Insurance coverage for wrongful death accidents

Insurance policies often play a significant role in wrongful death claims, as they can be a source of compensation for surviving family members. It’s important to review all applicable insurance policies, such as those covering the deceased, the at-fault party and other relevant parties.

An example of policies that may cover losses includes life insurance, homeowner’s insurance and auto insurance. An experienced wrongful death attorney will help you understand the coverage available and how it can impact your claim.

Potential limitations and exclusions

Insurance policies have limitations and exclusions that can affect the compensation available in a wrongful death claim such as some policies not covering certain types of accidents or damages, or having a policy limit that caps the compensation they pay out during a claim.

Working with a skilled lawyer who can thoroughly review and analyze the insurance policies involved is essential to determine any potential limitations or exclusions that may impact your case. Furthermore, a wrongful death lawyer can help you determine if there are other avenues to seeking justice and damages against the parties responsible, including a civil lawsuit.

Negotiating with insurance companies

Dealing with insurance companies can be a challenging process. Insurance adjusters often deny or minimize claims, leaving families without the compensation they deserve.

An experienced wrongful death lawyer can negotiate with insurance companies on your behalf to work towards a resolution that protects your rights and reflects fair compensation in light of the loss you have endured. Your lawyer will handle all communications and documentation while helping you navigate any disputes that may arise during the process.

How can an expert witness help in a wrongful death claim?

Expert witnesses can benefit you in wrongful death claims since they provide specialized knowledge and expertise to help establish negligence, causation and damages. They can offer critical insights and testimony that may affect the outcome of your case.

You may need various types of qualified, credible and experienced expert witnesses to support your wrongful death claim. Your attorney will work to identify and retain the appropriate expert witness(es) to ensure relevant and persuasive testimony.

Wrongful death settlement negotiations and litigation

When pursuing a wrongful death claim, you may have the option to settle the case out of court or proceed to trial. Each option has its pros and cons. Your attorney will discuss which route is best suited for your claim.

Settlement negotiations can lead to a quicker resolution of your claim, but you can receive less money through settlement than a successful trial.

On the other hand, going to trial offers the possibility of a higher reward; however, it comes with increased costs, potential delays and inherent uncertainty around the outcome.

Contacting a skilled wrongful death attorney in Illinois

Contact the skilled attorneys at the Dinizulu Law Group if your friend or family member has become a victim of wrongful death. We always offer a free initial consultation. If we take on your case, our attorneys work on a contingency fee basis meaning we get paid for our services only if we recover money for you.

Call our lawyers today at (312) 384-1920 to advocate on your behalf.

What are the Warning Signs of Nursing Home Abuse and Neglect?

September 12, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Abuse and neglect in long-term care facilities, including nursing homes, can be difficult to detect. According to studies from the National Institute on Aging, as many as 1 in 10 elders experience some form of abuse each year. Furthermore, the World Health Organization (WHO) studies show on average just 1 out of 24 cases of abuse are reported every year.

Some elders can also be at a greater risk of elder abuse based on a number of factors including:

Age
Gender
Mental capacity
Whether the elder resides in a community setting
Elder adults with diminished psychosocial capacities, such as a diagnosis of a cognitive condition like dementia or Alzheimer’s disease

The WHO and the Department of Health and Human Services additionally report that elders who are isolated, especially elderly women, are at a greater risk of abuse.

Not all injuries that occur in nursing home facilities amount to abuse or neglect; however, it’s important to be on the lookout for warning signs of abuse to better protect your loved ones during their residency.

Common red flags

The primary indicator of elder abuse or neglect is the unusual or abrupt change to your loved one’s physical, mental or financial condition. Signs of physical abuse and neglect that are the most noticeable include:

Unexplained head injuries or concussions
Broken or fractured bones
Strange or sudden physical injuries, such as skin tears, welts or bruises, burns, scrapes or cuts on your loved one’s body
Being left alone for extended periods of time without supervision
Poor hygiene and/or safe living conditions
Pressure marks or bed sores
Unexplained weight loss or malnutrition
Dehydration
Missing personal items including medications, glasses or hearing aids

It’s critical to remain vigilant and frequently check in with your loved one. Unfortunately, nursing home facilities will go to great lengths to attempt to conceal or cover up the injuries your loved one may have suffered. It’s essential to keep a watchful eye on those caregivers tending to your loved one since abuse or neglect often comes from the direct caregiver.

Although it may be rare, sexual abuse does occur in long-term care facilities. This type of abuse can be committed by facility staff, unsupervised residents or individuals who enter the facility unauthorized. Some red flags that may indicate sexual abuse has occurred include:

Contraction of a sexually transmitted infection or disease
Unexplained injuries on or near the genital area, such as bruising, pain, bleeding or irritation
Acting fearful, angry, and/or depressed around certain individuals
Inappropriate interactions with staff, residents or other individuals

In addition to physical injuries, there are also various mental or behavioral indicators of abuse and neglect which may include:

Withdrawal and isolating oneself from social activities, including with family and friends
Sudden changes in mood like acting confused, anxious, angry, fearful and/or depressed
Unexplained exhaustion or lethargy

It’s significant to notice your loved one’s mental well-being during their transition to long-term care. A sudden unexpected change in their mood may be evidence of nursing home abuse or neglect.

Unlike physical abuse and neglect, financial abuse may go undetected since indicators of this type of abuse are not easily noticed. Context clues of financial abuse include:

Inaccessibility of financial or legal records
Unexpected or unexplained transactions of large sums of money
Sudden executions of legal documents on behalf of the elder, such as a power of attorney (POA), transferring of property or marriage certificate

Just as it’s important to check in on the physical and mental well-being of your loved one, it’s also important to monitor your loved one’s financial accounts and investigate any suspicious transactions. Unexpected or strange actions involving your loved one’s finances could be evidence of financial elder abuse.

Contacting a nursing home abuse lawyer

Indicators of elder abuse and neglect are different in each case, and some elders may be subject to more than one type. In order to protect your loved one, it’s important to keep a watchful eye and report any of these indicators of abuse as soon as possible.

If you suspect that your loved one is in immediate danger, call 911 or your local law enforcement authorities immediately. You may also want to consider contacting Adult Protective Services or the appropriate governing state agency as soon as possible.

If you believe your loved one is a victim of abuse or neglect, you may also want to consider contacting an elder abuse attorney for a consultation. The nursing home abuse attorneys at the Dinizulu Law Group are dedicated to holding nursing homes accountable when patient injury results from abuse and neglect. Call us today for a free, no-obligation consultation at (312) 384-1920.

What Are the Components of a Medical Malpractice Claim in Illinois?

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – When you’re putting your life in the hands of someone else, you should be able to trust them completely — especially a medical professional. Unfortunately, sometimes the trust between a doctor and a patient is sometimes broken. Everyone makes mistakes from time to time, even doctors, but medical professionals are held to a higher standard due to the level of responsibility they have to provide care that protects a patient’s health and well-being.

Medical malpractice occurs when a doctor fails to meet these standards and causes harm to a patient due to their negligence. There are certain elements you must prove in order to have a case for medical malpractice. Read this week’s blog as we dive into this more.

Components of medical malpractice cases

To pursue a medical malpractice case in Illinois, you must prove that all of the following has occurred:

Violation of the Standard of Care
The most basic element to prove medical malpractice is to prove your doctor committed an act of negligence or violated the standard of care. There are certain practices considered deamable in the medical field, even if your doctor deviated from it, you may have a case for establishing negligence. Examples of negligence may include a misdiagnosis or failure to diagnose, failure to order tests or act on test results, not following up with the patient, misprescribing medication or leaving items inside of a patient during surgery.
Injury Was Caused by the Violation
You cannot have a medical malpractice case without an act of negligence and an injury that resulted from that negligence. If you have an injury without negligence or negligence without injury, you do not have a medical malpractice case.
Damages Resulted From the Injury
Damages from the injury are what you can claim in court. Due to the cost of litigating medical malpractice cases being so high, it might not be worth it to pursue compensation unless damages are severe or extensive. Viable damages can include suffering, extreme or constant pain, hardship, loss of income, significant medical bills or permanent disability.

Contacting a Cook County medical malpractice lawyer

Medical malpractice can be devastating because of the trust you placed in your doctor who failed you. If you believe you are a victim of medical malpractice in Illinois, you may be able to recover damages that address the personal and financial impact of the injuries you have suffered.

One of our compassionate Chicago medical malpractice attorneys can help you determine if you have a case. The lawyers at the Dinizulu Law Group have the knowledge, resources and experience to help you recover the compensation you deserve.

Call our office now at (312) 384-1920 to schedule a free consultation today!

How To Prove Neck And Back Injuries In A Car Accident

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Neck and back injuries after a car accident can vary in severity from whiplash that heals in a few weeks to an injury more catastrophic like lifelong paralysis; however, neck and back injuries are a common occurrence in road traffic accidents, and you can claim your medical costs and the pain and suffering that resulted. A skilled personal injury attorney will present your case to the insurance company and the court. The courts look for evidence, such as medical reports, details of sessions with therapists, and your pain management plan.

Determining neck and back injuries

At the site of the accident, you should take note of any neck and back pain you feel. Some of these may present immediately while others may emerge after. It’s important you are seen by a medical practitioner directly after a car accident or as soon as symptoms begin to show. Some of these symptoms may include:

Dizziness
Headaches or migranes
Not being able to turn your neck at its full range
Bruises and other marks of injury
Muscles that feel weak, cramp or spasm
Clicking in your back and/or neck during movement
Localized pain in your neck or back
Tingling sensations or numbness

Tingling and numbness can occur elsewhere in the body and still be a sign of back or neck injury which is why it’s important to be seen by a medical professional as soon as possible if you have any of these symptoms.

Expenses incurred after a car accident

While you can claim for certain expenses like medical bills that resulted from a car accident, you should be aware that you can constitute a claim for the costs you anticipate in the future. Damages in your back and neck also comprise:

Income lost due to the accident and subsequent injuries, as well as future income if you can no longer work.
Rehabilitation costs to restore function, even if only partial success is possible.
At-home nursing care.
Pain and suffering.
Punitive damages, although it’s important to note are rarely claimed in car accidents.

Proving your case

The first step to making a claim is to find a skilled attorney in your area to take your case. Your attorney will advise you on what proof you need to collect your claim. Your attorney will likely ask you to record detailed descriptions of your daily struggles since the car wreck. You should also record the physical aspects, including pain severity and length, and activities you’ve missed out on but cannot perform since the accident. Your mental suffering should also be journaled, such as the emotions you experience and any depression you feel.

Witness statements are also crucial to be presented to the court, in addition to photos or videos of the accident scene. Reports by medical doctors, medical specialists and therapists, including physical or occupational therapists, as they help form your case that your lawyer will present to both the judge and the jury.

Receive a free case evaluation

A knowledgeable attorney will use the evidence to demonstrate the extent of your pain and suffering in addition to the medical costs, vehicle replacement amounts, and so forth that can be easily evaluated. Pain and suffering awards differ from state to state depending on the factors each will consider and any caps that have been legislated.

If you’ve been injured in a car accident and want to inquire on whether you can begin a claim for your injuries caused by the wreck.

Call our office at (312) 384-1920 for a free consultation and case evaluation today!

How Long Will It Take To Settle My Personal Injury Case?

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – If you’ve been injured in an accident, you may be wondering how long it will take to settle your personal injury case. It’s a common question that many people have when they first hire an attorney to represent them. The truth is that it depends on various factors.

Factors that affect the timeline for settling a personal injury case

When settling a personal injury case, a variety of factors can affect the timeline. From the severity of your injuries to the complexity of your case, many variables can impact how long it will take to reach a settlement. Here are some variables that may effect your case:

The severity of your injuries
If you have suffered catastrophic injuries requiring extensive medical treatment, your case may take longer to settle versus a case with minor injuries. Your personal injury attorney will need time to collect your medical records and bills to ensure your settlement demand reflects the full extent of your injuries and the cost of your treatment. In some cases, it may be necessary to consult with medical experts to determine the full extent of your injuries and their lasting impact.
The length of your treatment
The length of your medical treatment may affect your personal injury settlement. Treatment can last several months or even years which can take longer for your case to settle. Your attorney has to gather the information about your treatment including medical records, bills and reports from your doctor and other medical providers. Your attorney will also need to consider any ongoing treatment that you may require in the future and any long-term effects your injuries may have on your ability to perform everyday duties and your ability to work.
The amount of information to gather
Once your treatment is complete, your personal injury lawyer will gather all the necessary information to build your case which includes medical records, bills and other documentation that shows the extent of your injuries and the costs associated with your treatment. Depending on the complexity of your case, this process can take several weeks or even months. Your attorney may also need to conduct an investigation to gather additional evidence, including witness statements or accident reports.
The negotiation process
After your attorney has gathered all of the necessary information, they will send a demand letter to the insurance company outlining the compensation you seek. The insurance company will then review and accept the demand or make a counteroffer. This negotiation process can take some time, as the insurance company may need to gather additional information or consult their own attorneys before deciding. Your attorney will work to negotiate a fair settlement on your behalf, considering the full extent of your injuries and their impact on your life.
The complexity of your case
The complexity of your case can also play a significant role in determining how long it will take to settle. It can take longer to settle if your case involves multiple parties, complex legal issues or other factors that make it more challenging to resolve. You must hire a trusted attorney who will work diligently to build a strong case and advocate for your rights. They may also need to consult with experts in various fields to help strengthen your case and ensure you receive the compensation you deserve. By considering all of these factors, your attorney can help you navigate the often-complicated process of settling a personal injury case and work to ensure that you receive a fair settlement that covers the full extent of your injuries and damages.

Contacting an experienced personal injury lawyer

Navigating the process of settling a personal injury case can be difficult, especially if you are dealing with serious injuries and a complex legal situation. That’s why it’s critical to work with an experienced Chicago personal injury attorney who can guide you through every step of the process and help you get the compensation you deserve.

The skilled attorneys at the Dinizulu Law Group have the experience, knowledge and resources to guide you through this difficult time. With our help, you can focus on your recovery and rest assured that your case is in good hands.

Contact us today at (312) 384-1920 to schedule a free consultation and take the first step toward getting the compensation you deserve.

What To Do As A Pedestrian Hit By A Car

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Being involved in a pedestrian accident where a car strikes a pedestrian, can be a life-altering experience. The impact can lead to severe injuries, emotional distress and financial burdens.

According to the Illinois Department of Transportation (IDOT), there were 4,940 crashes involving pedestrians in 2017 (the most recent year for which data is available) and 148 pedestrian deaths.

Common pedestrian accident injuries

Being hit by a car as a pedestrian can result in a variety of serious injuries, some of which can be life-altering. Understanding the potential injuries that pedestrians may suffer is crucial in recognizing the impact these accidents can have on victims’ lives.

Common pedestrian accident injuries may include:

Fractures and broken bones including arms, legs, hips and ribs, due to the force of the impact from a collision with a car.
Head and brain injuries are common as a person’s head is vulnerable in pedestrian accidents, leading to traumatic brain injuries (TBIs), concussions, skull fractures and other head-related injuries. These injuries can have long-lasting cognitive, physical and emotional effects.
Spinal cord injuries lead to paralysis or loss of sensation in certain parts of the body. These types of injuries require extensive medical treatment and rehabilitation most of the time.
Soft tissue injuries including sprains, strains and contusions lead to pain, swelling and limited mobility.
Internal injuries include organ damage, abdominal injuries or internal bleeding. These injuries may not always present themselves right away and require medical attention.

Who is at fault when a car hits a pedestrian?

Determining fault in a pedestrian accident is critical in seeking compensation for the injured pedestrian. The responsibility for the car accident lies with the negligent party or reckless behavior that led to the collision.

It’s essential to gather evidence to establish liability, including:

Witness statements
Surveillance footage
Police reports

While drivers are often presumed responsible, pedestrians must also act with caution and abide to traffic rules. A knowledgeable personal injury lawyer at the Dinizulu Law Group can help you determine fault and seek fair compensation for your damages.

What should a pedestrian do after being hit by a car?

Being involved in a pedestrian accident can be a traumatic experience, but it’s important to take specific steps to protect your well-being and legal rights.

Here is a list of actions pedestrians should take after being hit by a car:

Seeking medical attention should be your top priority. Even if you feel fine, it’s essential to get medical attention immediately to identify any hidden injuries.
Contact the authorities to report the incident. This creates a record of the accident which will help your claim.
Gather contact information from the driver and any witnesses. Take photos of the accident scene including vehicle damage and any visible injuries.
Preserve evidence related to the accident including any personal belongings and documentation provided by medical professionals.
Document the incident and write down your account of the accident while it’s still fresh in your memory. Include any details of the location, time, weather conditions and the sequence of events.
Notify your insurance company, even if you weren’t at fault.
Consult with a personal injury attorney who can guide you through the legal process to help you file an insurance claim.

Every pedestrian accident is unique, and seeking personalized legal assistance can help you receive fair compensation for your injuries. The team of dedicated personal injury attorneys at the Dinizulu Law Group are here to provide you with the support and guidance you need during this difficult time.

Contact a Chicago pedestrian accident lawyer today

Pedestrian accidents involving cars can have devastating consequences, leaving victims with severe injuries, emotional trauma, and financial burdens. Understanding the steps to take after being hit by a car is essential for protecting your rights and pursuing the compensation you deserve.

Determining fault in these cases can be difficult, but with the guidance of a skilled personal injury lawyer from the Dinizulu Law Group, you know you can navigate the legal process with confidence.

Contact our law firm today for a free consultation at (312) 384-1920.

Truck Accident Injuries: Understanding The Causes, Risks And Legal Recourse

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – A truck accident can lead to a variety of injuries, ranging from mild to severe. The physical and emotional toll of truck accident injuries including spinal cord injuries, traumatic brain injuries and broken bones can be life-altering and life-threatening.

At the Dinizulu Law Group, our team of experienced attorneys are here to offer support, resources and a team of trusted legal counsel. If you or a loved one has been affected by a truck accident, a Chicago truck accident lawyer from our team is ready to assist you. Call us at (312) 384-1920 for a free consultation to begin your journey towards healing and rightful compensation.

Common causes of truck accidents

In the fast-paced world of transportation, commercial trucks play a pivotal role in keeping goods flowing across the country from coast to coast; however, the size and weight of trucks also bring significant risks to America’s roadways.

Common causes of truck accidents include:

Driver fatigue from spending long hours on the road which leads to exhaustion leading to imparing a truck driver’s focus and reaction times.
Speeding and reckless driving from pressure to meet deadlines which tempt truckers to exceed speed limits which increases the risk of crashes.
Distracted driving from cellphone usage, navigation systems or eating will divert the truck driver’s attention from the road.
Poor truck maintenance from neglected maintenance of brakes, tires and other critical components leading to equipment failure.
Adverse weather conditions including rain, snow or fog make driving extremely hazardous, especially for large commercial trucks.
Intoxication or substance use.
Inadequate training results in a truck driver lacking the essential skills to handle challenging situations.
Tailgating and improper lane changes from aggressive driving behaviors increase the likelihood of collisions.
Overloaded trucks exceeding weight limits can compromise a truck’s stability and handling capabilities.
Fatigue and lack of rest breaks can impair a driver’s alertness and judgment.

Understanding the common causes is important in promoting road safety and holding those responsible for driving commercial trucks accountable. If you’ve been involved in a truck accident for any of these reasons, consult a skilled truck accident lawyer to protect your rights and pursue fair compensation.

Types of injuries resulting from truck accidents

The aftermath of a truck accident can leave the lives of those injured permanently life-altered, future uncertainty and even fatalities. Injuries resulting from truck accidents can be catastrophic. Some of the most common types of truck accident injuries include:

Spinal cord injuries
Traumatic brain injuries (TBI)
Bone fractures
Internal injuries
Whiplash
Amputation
Disfigurement
Head and neck injuries
Ligament and spine injuries
Internal Bleeding
And more

Truck accidents can cause various injuries and their impact on victims’ lives can be devastating. If you or a loved one have experienced any of these injuries due to a truck accident, seeking legal representation is crucial to protect your rights.

Contacting a truck accident attorney

The road to recovery after enduring injuries from a truck accident can be daunting, but you don’t have to face it alone. The result of truck accident injuries can be catastrophic and devastating, both physically and emotionally, leaving victims and their families in need of support.

The Dinizulu Law Group’s compassionate and trusted attorneys are dedicated to fighting for your rights and pursuing the compensation you deserve. While you focus on healing and rebuilding your life, our skilled legal team will fight the legal burden. If you or a loved one has suffered from a truck accident in Chicago, don’t hesitate to reach out for a free consultation by calling us at (312) 384-1920.

Malnutrition in the Elderly: Consequences, Causes & Nursing Home Neglect

September 7, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Many people mistakenly believe that Americans become malnourished because they don’t have the financial resources to buy food; however, malnourishment is usually caused by dozens of interconnected factors like disease, prescription medications, poor nutrient absorption, difficulty chewing or swallowing, and depression.

Malnourishment can happen at any age, but seniors are at the highest risk of malnourishment. Elderly malnutrition is a hidden epidemic that affects almost 1 out of every 2 older adults, according to the Alliance for Aging Research.

Elderly nutrition problems can be difficult to recognize but need to be taken seriously. The effects of malnutrition in adults can be life-threatening, especially in elder adults. Seniors can be malnourished even if they are a normal weight or overweight — even if they do not look malnourished or sick.

Here is what seniors, caregivers, and family members need to know about malnutrition in elderly adults including what causes malnourishment, how it can be recognized, and treatment options.

What is malnutrition?

Malnutrition refers to deficiencies, excesses or imbalances in a person’s intake of energy and/or nutrients, according to the World Health Organization. Malnutrition most often refers to any of the following that result in an adverse effect on someone’s health, function, or body composition:

Caloric deficiency
Deficiency of nutrients, vitamins or minerals
Imbalance of nutrients, vitamins or minerals

Someone may be malnourished if they aren’t getting enough calories and experience involuntary weight loss; additionally, it may refer to someone who is not getting enough protein, vitamin C or other necessary nutrients.

The most common form of malnutrition in seniors is protein-energy malnutrition or protein-energy undernutrition.

Why does elderly malnutrition happen?

As we age, we usually become more sedentary. Combined with natural changes to body composition and bodily functions, this leads to reduced muscle mass and increased body fat. While this naturally comes with a reduced caloric need, seniors are at high risk of malnutrition.

Nutritional concerns for elderly people are complicated. Along with natural changes in appetite and nutritional needs, seniors often have health concerns that make it hard to get the nutrition they need. Geriatric nutrition is also complicated by medications and unique issues like bereavement, depression, finances and living conditions.

What are the causes and risk factors for malnutrition in the elderly?

Malnutrition in older adults is a complicated issue. Most malnourished seniors are dealing with interconnected issues that contribute to malnourishment. Natural changes that come with aging already contribute to nutritional concerns for elderly people, but disease, medical interventions and external factors can combine to make malnutrition a greater threat.

There are many risk factors for malnutrition in elderly people ranging from environmental to psychological and physiological. Other factors can include:

Living conditions
Financial resources
Accessibility of food
If the senior has a social and family network

Malnutrition in nursing homes

Unfortunately, older adults living in a long-term care setting are at high risk of becoming malnourished. According to estimates, 12-50% of seniors in hospitals are malnourished compared to 23-60% of seniors in nursing homes and other long-term care facilities. Some estimates place the rate of malnutrition in nursing homes at 40 to 85% (American Journal of Nursing).

If you suspect a loved one in a nursing home is malnourished, it’s critical to take action quickly. Just as dehydration in the elderly is dangerous, malnourishment can be a sign of nursing home neglect. Nursing homes have the duty to provide residents with adequate medical care and supervision which includes recognizing risk factors for malnutrition, assessing patients regularly, developing customized treatment plans and treating malnourishment quickly to prevent serious complications. Unfortunately, neglect is often the result of understaffing in nursing homes.

Malnutrition in the elderly is sadly a common problem that’s often missed not just by family members, but even medical professionals. There are various validated tests for nutritional screening, but the signs and symptoms in adults are frequently missed which can increase the risk of mortality and morbidity, reduce the quality of their life and cause more frequent and longer hospital stays.

Important symptoms of malnutrition in the elderly include:

Unintended weight loss (5% or more of body weight) even in overweight people
Reduced strength
Weakening hand grip or swelling in the belly, ankles or legs
Unsteady gait
Clothes appearing baggy
Dentures that look like they are floating in the person’s mouth or changes in how dentures fit
Eating less at meals than usual or getting sick more frequently
Wounds that are slow to heal
Frequent or recurring diarrhea, vomiting or nausea

Consequences of malnutrition in the elderly

Potential consequences of malnutrition in the elderly include:

Increased risk of falls and/or greater risk of hospitalization
Longer hospital stays
Loss of independence
Increased mortality
Increased morbidity
Worsening of other existing conditions including dementia
Reduced ability to heal from injuries and illnesses like sepsis, burns, and surgery

Death from malnutrition in the elderly is the biggest risk. Unintentional weight loss is a huge predictor of mortality with 9% to 38% of people passing away within one to two and a half years of losing 5% or more of their body weight. People who experience 5% or more of unintended weight loss within one month have a 4x higher rate of mortality (National Library of Medicine).

The attorneys at the Dinizulu Law Group are here to help

It’s important to contact a nursing home neglect lawyer to assist you in holding the negligent nursing home accountable to recover compensation for the harm your loved one has endured.

The Dinizulu Law Group is a Chicago law firm specializing in nursing home abuse and neglect. Our skilled attorneys represent nursing home residents and their families throughout Illinois. Contact our law firm today at (312) 384-1920 to discuss your case and receive a free consultation.