Law Offices of Tedone and Morton, P.C.

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815-666-1285

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wrongful-deathLosing someone you love because of another person's negligence is devastating. The loss of a family member can leave you with emotional issues and financial challenges. While compensation cannot change what happened or bring your loved one back, a wrongful death claim can assist you and your family financially.

What Causes Wrongful Death?

When someone loses their life because of the negligence of another person, wrongful death occurs. Some of the most common causes of wrongful death include:

  • Car accidents;
  • Truck accidents;
  • Defective products;
  • Slip and fall accidents; and
  • Medical malpractice.

What to Do After Losing a Loved One

Once you have found out that your family member has passed away because of someone else's negligence, you will likely be overwhelmed with emotions. In order to protect your rights as well as physical and mental health, follow these steps:

  • Spend time with other surviving family members;
  • Meet with a funeral coordinator and plan the funeral;
  • Schedule an appointment with a mental health counselor or join a grief support group;
  • Collect evidence; and
  • Consult an experienced wrongful death lawyer.

How Can a Wrongful Death Lawyer Help

If you would like to hold the party that caused the death of your loved one accountable and recover compensation for your financial hardships, hiring a wrongful death lawyer is essential. They can help you determine whether you are eligible to file a wrongful death claim and guide you through the process of filing one if you are. Through a wrongful death claim, you can recover compensation for the following:

  • Funeral and burial costs;
  • Loss of companionship;
  • Emotional distress; and
  • Loss of anticipated future earnings and other benefits provided by your lost family member.

Statute of Limitations for Wrongful Death Claims in Illinois

Statute of limitations is the time period you have to file a legal claim. In Illinois, you have two years from the date your loved one passes away to file a wrongful death claim. If you do not file a claim within this two year time period, you will not be able to recover compensation. It is important to note that wrongful death claims can only be filed by a surviving spouse or next of kin.

Reach Out to Our Experienced Joliet Wrongful Death Attorneys

For more information on the process of filing a wrongful death claim and the type of compensation you can recover, we encourage you to contact our Joliet wrongful death attorneys. For a free consultation, call us today at 815-666-1285.

Source: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

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lossWhen a family member is seriously injured or killed in an accident, your life will change forever. The ongoing love and support you and other loved ones will miss because of the life-altering injury or death of your loved one is known as loss of consortium. Let us take a closer look at how loss of consortium was viewed in the past and which loss of consortium damages are recoverable.

The History of Loss of Consortium

In previous years, women were considered the property of men. If a woman was unable to perform her domestic duties for a man or satisfy him in the bedroom, the man would be able to recover compensation for these services. Over time, this was viewed as unfair and women were allowed to recover loss of consortium damages, just like men.

How to Prove Loss of Consortium

If you would like to prove loss of consortium, it is in your best interest to consult a highly skilled personal injury lawyer. They can determine whether you are eligible to collect compensation for this damage and communicate with the court on your behalf.

Since you may have to share personal aspects of your relationship in order to prove loss of consortium, it is important to work with a lawyer that makes you feel comfortable. The court will consider the following factors to determine whether to award loss of consortium:

  • Whether the relationship was loving and stable;
  • The living arrangements;
  • The amount of care and companionship the individual claiming loss of consortium received; and
  • The life expectancy of the individual filing the claim.

Types of Loss of Consortium Damages

Loss of consortium entails a variety of damages. Some of these damages include:

  • Loss of income if the loved one was the main breadwinner;
  • Loss of guidance if a son or daughter lost a parent;
  • Loss of a sexual relationship and affection;
  • Loss of services such as cleaning, meal preparation, and childcare; and
  • Mental and emotional distress.

The court will take the severity and types of losses suffered into consideration when calculating loss of consortium. However, this can be challenging as it is not easy to calculate loss of companionship and other intangible suffering.

Contact Our Will County Personal Injury Lawyers

If someone you love has been seriously injured or killed, contact our experienced Will County personal injury lawyers. We can inform you of what types of damages you may be eligible to recover and ensure your rights are protected. For a free consultation, call us at 815-666-1285 today.

Source:

https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=5477&context=lawreview

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truck-crashDefective truck parts can lead to serious truck accidents, life-threatening injuries, and even death. Even though manufacturers have a duty to create safe parts and trucking companies are responsible for inspecting and maintaining their trucks, trucks with defective parts are still seen on today's roads. Five of the most common defective truck parts include:

1.      Faulty Brakes

Often, brakes fail and lead to truck accidents. Therefore, brake inspections which can ensure brake systems are in good working order are essential. Brake inspections should always consist of an evaluation of brake lines and brake hoses to ensure they fit properly.

The brakes on trucks must also adhere to certain requirements by the U.S. Department of Transportation. An example of one of these requirements is that a truck is legally required to have a braking power that is specific to its weight.

2.      Tire Issues

Tires that are not properly inflated can trigger difficulties with handling and stability. They can also lead to tire blowouts. By carefully inspecting the pressure, tread depth, and tread separation of tires, accidents caused by tire issues can be prevented. Tires should also be free of cuts and cracks and match one another.

3.      Headlight and Taillight Problems

Truck drivers often drive long distance at night. If their headlights and taillights are not functioning correctly, they may lose sight of the road and cause serious accidents. For this reason, the headlights and taillights of a truck should be monitored on a regular basis.

4.      Malfunctioning Windshield Wipers

Windshield wipers are imperative for safe truck driving, especially during rainy or snowy weather conditions. Truck drivers should always keep an eye on their windshield wipers and change them if they are malfunctioning and cannot effectively clear debris from the windshield.

5.      Broken Steering Components

Broken steering components may be the result of damaged or worn ball joints that inhibit a truck driver's ability to turn the wheels. In order to prevent broken steering components and the serious issues they cause, they should be reviewed often.

Contact Our Experienced Joliet Truck Accident Lawyers

If you sustain an injury that was caused by a defective truck part or the negligence of a truck driver, you should reach out to our Joliet truck accident lawyers immediately. Call us at

815-666-1285 for a free consultation. We can determine who is liable and may be able to help you collect compensation for your medical bills, lost wages, and other damages.

Source:

https://www.thebalance.com/dot-inspections-1361608

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shutterstock_759611494In November 2017, Tesla unveiled its plans to engineer electric semi-trucks. These innovative electric semi trucks are a significant advancement in the transportation industry because they can reduce truck accidents and create safer roadways.

Well-known companies such as Walmart, Pepsi, Sysco, and Meijer have already placed orders for these trucks. Let's dive deeper into what you can expect from these new electric semis and how they can impact truck driving and the economy.

Hauling Capacity

A heavy battery that is used to power an electric vehicle can reduce the amount of cargo a semi is capable of hauling. According to Tesla, the new electric semi class will be able to haul a significant amount of weight at highway speeds for up to 500 miles on one battery charge. Following a 30-minute recharge, the truck will be able to travel another 40 miles.

Tesla's hauling capacity will make it possible to carry large loads in a timely fashion for a fairly inexpensive price. This may convince fleets to shift from diesel to electric. If this happens, fleets may be forced to rework their routes to make sure that batteries can be recharged.

Safety Amenities

It is clear that Tesla did not skimp on safety amenities when it engineered its electric semi-truck. The smaller, sleeker cab allows for optimal visibility and does not obstruct the truck driver's view as much as a traditional cab. In addition, the truck was designed with self-driving capabilities which may reduce the number of truck accidents that occur as a result of human error.

Possible Problems with Electric Semi-Trucks

While there are a variety of benefits of Tesla electric semi-trucks, there are some issues as well. These trucks lack a sleeper cab which many truck drivers depend on because it allows them to avoid hotels and easily follow hours of service regulations. Although Tesla has stated that their electric semis will not eliminate the need for truck drivers, fleets, unions, and lawmakers are worried that this will not be the case.

Contact Our Joliet Truck Accident Lawyers

Hopefully, Tesla's electric semi-trucks and other advances in technology will reduce truck accidents. Unfortunately, for now, they continue to remain a serious issue. If you have been injured in a truck accident that was caused by someone else's negligence, we encourage you to contact our highly skilled Joliet truck accident lawyers at 815-666-1285 for a free consultation. We may be able to recover compensation on your behalf.

Source: http://fortune.com/2017/11/20/inside-tesla-electric-semi-truck/

shutterstock_738738481According to the Insurance Institute for Highway Safety, there were 34,439 fatal motor vehicle accidents in the United States in 2016. If you have lost a loved one in a motor vehicle accident, you are likely experiencing grief, loss, and sadness.

You may also be stressed and unsure of how to cope with the medical bills, funeral expenses, and other costs you have been left with. Find out how a wrongful death claim can improve your situation by easing some of your financial burden.

What is a Wrongful Death Claim?

A wrongful death is a death that occurred after an injury that was caused by the negligence of another person. The purpose of a wrongful death claim is to compensate surviving family members for the damages the death of their loved one has caused. These damages include medical bills, funeral expenses, emotional distress, loss income, loss of companionship, and loss of pension and retirement benefits.

How to File a Wrongful Death Claim

If your loved one was wrongfully killed in a motor vehicle accident, you have the right to file a wrongful death claim. You should begin by filing a petition with a local court and attending the hearing that will be scheduled. At the hearing, you will need to establish several elements in order to recover compensation for your damages. These elements include:

  • Proving that the defendant owed your family member a certain level of care and they failed to live up to that duty.
  • Establishing that the accident in question was the cause of your family's death.
  • Proving that the death of your family member is directly correlated to your financial losses.

In addition, you may contact the negligent party's insurer and prove that your loved one's death was caused by the individual they were insuring and you have suffered damages as a result. If you choose to do this, you will need to provide the insurer with medical bills, expert testimony, accident reconstruction, and other evidence. This evidence will prove that you are entitled to compensation for your damages.

Reach Out to Our Experienced Joliet Wrongful Death Attorneys

While no amount of money can bring your loved one back, compensation can provide you and your family with closure and justice. If you have lost a family member in a motor vehicle accident that was not their fault, call our Joliet wrongful death attorneys today at 815-666-1285 for a free consultation.

Sources:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

http://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overview

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