How long-term injuries affect your quality of life:

Every now and again, you will stumble or fall down, leaving you with at least a small mark on the exterior or interior of your body. The harder the impact, the more harmful it can be; the more intensely you’re struck, the longer you’ll most likely suffer physically and/or mentally.

Probably the most common causes of physical injury are:

  1. Falling on a poorly-maintained floor or ground
  2. Collisions between automobiles.

In one of these situations, a person is usually “thrown” against something, similar to how a wide receiver spikes a football after making a big TD play. Just like a large machine can be wrecked after being slammed down to the ground, a human body can be severely disabled after a huge blow.

As a result, a person can instantly lose the ability to move around or reach for things, in some cases permanently.

Just as a computer can lose its functions after a hard fall, a person may never be as mentally sharp as they once were after they’ve crashed down. A victim of a slip/fall or vehicle accident may completely forget the role of almost every body part, as well as how to make it function.

A psychological injury can be so severe that almost every task requires the strength of another person to accomplish.

How informed consent can affect a medical malpractice case

Doctors are required to incorporate informed consent into every single job because there’s never really a guarantee that a medical treatment or procedure will go quite the way planned. This concept is based on the idea that there’s always going to be some risk of harm resulting from the work being done. The physician explains the decision they’re contemplating and the potential effects of it, and then the patient can make an informed decision of whether it’s worth the danger. Patients then sign formal documents, stating that they understand what could happen.

The law does not require that a physician warns a client of every possible consequence of a procedure. However, Illinois law does require that they explain every predictable consequence, as well as any alternative options for care. The state says that one cannot successfully get their doctor punished for medical malpractice unless there is sufficient evidence that they were never given enough reason to consider declining the suggested service.

For situations of more urgent care, like emergency room surgery, doctors are usually exempt from accountability regardless of the patient’s response to their suggestions. When some medical work has to be done quickly, it’s just too big a time-eater to discuss what might go wrong; often times it’s a true “do or die” situation. If the action discussed ends up being different than the one actually done, and the physician included warnings in the talk, the patient usually can sue. If the physician finds an unexpected issue during the service, any harm following the work may go by unpunished; permission for a “plan B” or “new step” is not considered necessary.

Legal services of an injury attorney

Because of our culture, we may be very accustomed to seeing lawyers—real and/or fictional—active only in courtrooms. Many may assume attorneys simply: 1) converse with people with considerable roles in the story of an issue; 2) debate before a higher authority to convince them of the accuracy of one side.

However, even before a trial, attorneys work tirelessly to dig up whatever evidence they can to make it abundantly clear their client’s statement is true.

When asked for legal help after an accident, an injury attorney asks their client to explain the event in as much detail as possible. Between legal actions, they’ll most likely feel they must know about any applicable prior connections between the victim and any people or things involved.

Seeing such a prior history may reveal a continuous pattern of problems indicating a serious issue with someone or something; it’s usually when actions are repeated that they begin to gain notice. In addition, the more continuous a certain action, the easier it is to define someone or something by it.

Next, the lawyer usually asserts what they’ve heard with any medical professionals and insurers that have served them or been considered in light of the accident. The representative goes through the client’s story piece-by-piece, and asks these service-people’s honest opinions on everything.

If they consider charging the client for any useful help, the lawyer attempts to dissuade them by dissecting the injured person’s condition and every surrounding circumstance. Even if they’re not perfectly convinced by the end, you can still be off the hook for a long while, as your attorney reviews any relevant medical or insurance documents before you see them. Consequently, you can make the most informed choice of whether or not to give them what they suggest.

Spinal cord injuries in America

Spinal cord injuries in America are a serious issue many people deal with on a regular basis. Approximately 276,000 Americans are suffering permanent consequences of spinal cord injury (SCI), 45 percent of which are numb everywhere below the body area. About half of all sufferers have no functional or intact limbs. This is a rapidly growing epidemic, with 12,500 new cases per year and individual wage losses of 136 percent of the average person’s income.

Perhaps the most disturbing fact about this epidemic is how it usually happens. About 13 in 20 SCI sufferers get into their incidents simply going about normal travel, on foot or by vehicle. So most of the time, it’s not intense physical activity that puts someone into this kind of situation. They don’t have to do much to get injured; someone else or something unusual leads them to it. The most common victims are, apparently, the most innocent.

Chicago is among 14 U.S. cities currently receiving federal grants to do investigative research of SCI so doctors everywhere can discover more details about how the spine functions along with the bodily substances and everything around it. The facilities in this research program also do extensive work directly with local SCI patients to guide them through recovery (if possible), planning for future physical navigation, and acknowledging how the condition can make it extremely complicated for someone to provide and care for themselves.

It’s not just physically complicating though; it can be a huge financial burden, depending on the severity of one’s injury. You could sue, but you want to be sure it’s their fault; intense movement or unhealthy habits you did leading up to the incident could work against you. It may not be just or adequate for an argument, but there’s a good chance the defendant will justify their claim of innocence by stating you did something to maximize the probability of your own pain.

FAQs about slip/fall lawsuits:

What constitutes a legitimate slip/fall accident?

A slip/fall accident occurs at a location—private or public—that does not belong to the person who suffers in the event. In such a situation, the person’s foot comes into contact with some sort of damaged or uneven spot in the floor or ground beneath, or they may run into an object that obstructs their path.

What proves that the accident is not at all the fault of the injured?

In order for the person hurt to be considered totally innocent, a court needs evidence that the owner:

  • Had no legitimate need to have the area set up the way it was at the time
  • Did not do everything they could to properly maintain or clean up the area
  • Was very aware of how dangerous the area was

In addition, they need evidence that the injured:

  • Had no reason to suspect any hazards or issues with the location
  • Did everything possible to get around safely
  • Was carefully watching where they were going
  • Did not do any extreme physical motions that could put them at high risk of injury

If not all four of those boxes can be checked, the property owner might be able to have you penalized for what’s called “comparative negligence.” This is the idea that the injured person’s behavior or conduct at the time had made the incident more probable.

What can a victim get compensation for?

If it’s proven beyond reasonable doubt that you did nothing to put yourself in a position to fall down and get severely hurt, you may be entitled to exemption from:

  • Charges for emergency medical attention
  • Decrease in income
  • Paying for mobility support
  • Having to buy yourself any medications to address lingering effects

Time limits to file personal injury lawsuits

Personal injury law firms strongly recommend you contact them the first chance you get after you’ve been in an accident. Lawyers consider every moment very precious, due to factors such as fading evidence and memories of the event.

Like most other legal issues, investigations into personal injuries can typically begin within two years. If the damage is exceptionally severe, there may not be as much time before the claim can no longer be legally validated.

It’s extremely difficult to compare different degrees of injury when they lead to so much destruction; one car wreck, for example, one accident might cause more damage to the vehicle involved than a different wreck of a lesser degree, though they’re both generally agonizing.

In addition, being cut up and bruised, what time do you have to knit-pick details? An injury lawyer can handle that analysis for you.

With just a simple phone call or e-mail, you can get the justice you deserve without even getting up out of bed, as your personal injury lawyer relays your explanation to your doctor and insurance. If they feel they need to see more evidence to support your claim, it can be abundantly clear to them as long as you’re not too slow to enlist help in the first place.

Can I sue my doctor for failure to diagnose?

Medical negligence is the third-most common cause of death in America, with approximately 400,000 deaths annually, according to recent research. Doctors have gotten into trouble countless times for various reasons including: prescribing inadequate and/or excessive amounts of medicine, giving out the wrong type of medicine, operating on the wrong body part, failing to clean the area after realizing they’ve made a mistake, not properly observing heart rates while performing operations, and numerous other harmful mistakes.

Law firms in Chicago have helped collect hundreds of millions of dollars per year to compensate clients who have suffered this horror, indicating that physicians can be significantly penalized for it. Unfortunately, more often than not, it isn’t quite enough to suggest—even with thorough evidence—that your doctor swapped something, got something mixed up, or didn’t tell you what you needed to know. The court needs to see sufficient evidence that the doctor didn’t conduct themselves in an adequately professional manner, or that they did not go about a standard routine for examining or treating you according to your physical nature. Essentially, you must be able to prove that they seriously deviated from the normal or proper process of attending to a patient.

Your doctor may get real close to the bull’s eye each time, but there’s never a guarantee that they’ll get it perfectly right. In general, slight failure is not illegal. However, it is illegal for a doctor to do their work in such an unorthodox way that it can result in misinformation or increased physical problems for the patient.

FAQs about slip-and-fall personal injury lawsuits

Who can be held responsible for a slip-and-fall incident?
Any people owning, regulating and/or occupying the area where the incident happened may be penalized. For example, if a company rents space that technically belongs to someone else, the company and the owner could both be found guilty or legally liable. If they receive maintenance from an outside service, that service is also considered a contributor. Anyone with any responsibility to the location can be considered responsible for problems that happen there.

How do I prove I’m entitled to compensation?
The court must see evidence that the accident was impossible for you to avoid. There must be proof that the people owning, regulating and occupying the area did not do everything they possibly could to make it safe, and that you did all you could to navigate safely.

What can I get compensated for if I’m injured?
If the incident is proven to be not at all your own fault, you may owe medical services nothing at all for any treatment they gave you to help you recover from any injuries. If your injury results in lasting mobility problems or physical pain, then applicable mobility support and prescriptions should be totally free. If you didn’t break yourself, you don’t have to pay to fix yourself!

What is informed consent? How can it affect your medical malpractice case?

Informed consent is defined as a patient’s decision to accept a certain medical service after coming to understand what they could go through. Before making their final choice, the patient can ask questions and request opinions from loved ones if they wish. If and when they agree to the service, they’ll most likely be asked to sign a document, formally stating they fully understand the risks associated with the suggested service and are willing to undergo it regardless. This expressed permission is considered non-negotiable in the medical industry. If the ailing person is unable to decide, either because they’re mentally handicapped/physically incapacitated or younger than “legal” age, someone close to them—who knows them on a deep personal level—must make the call. If the condition implies a need for really quick attention, such consent is not technically necessary; it’s considered too big a time-eater that could potentially detract from time-sensitive medical assistance needed.

Typically, if the doctor does every step of the treatment process the correct way, they can easily stay exempt from penalties even if the treatment results in any new physical problems. The only way they can get penalized is if the patient and their prosecuting legal team successfully prove that something happened which the doctor knew was possible and didn’t warn them about beforehand.