The Complexities of Tractor-Trailer Accidents: Legal Insights

Every day, Chicagoland’s highways are busy with tractor-trailers carrying goods across the region. These massive vehicles are essential to the economy, but they also pose serious risks to other drivers on the road. When a tractor-trailer collides with a passenger vehicle, the results are often catastrophic, leading to severe injuries, property damage, and even fatalities.

At Wojcik Law, we know how overwhelming it can be for victims and their families to navigate the legal and emotional challenges following such an accident. Tractor-trailer accidents are not just "big car crashes"—they involve complex regulations, multiple liable parties, and unique legal considerations..

Why Tractor-Trailer Accidents Are Uniquely Dangerous

When it comes to accidents involving tractor-trailers, the size and weight of these vehicles are a significant factor. A fully loaded semi-truck can weigh up to 80,000 pounds, which is about 20 times the weight of the average passenger car. This disparity creates unique dangers that require special legal and technical considerations.

The risk isn’t just about weight. Tractor-trailers have blind spots that span large sections of the road, making it difficult for drivers to see smaller vehicles. Additionally, these trucks have longer stopping distances, making rear-end collisions more likely in heavy traffic or bad weather. For example, a fully loaded truck traveling at highway speeds may need 20-40% more distance to stop compared to a car. When negligence is involved, such as distracted or fatigued driving, the risks increase exponentially.

Common Causes of Tractor-Trailer Accidents

Understanding the root causes of a tractor-trailer accident is essential in determining liability. While every case is unique, there are recurring factors that frequently play a role.

Driver Error: The Most Common Factor

Driver negligence is one of the leading causes of tractor-trailer accidents. This can include speeding, distracted driving, or operating the truck while fatigued. Federal regulations limit the number of hours a driver can be on the road, but some drivers ignore these limits to meet tight deadlines, increasing the risk of accidents.

Mechanical Failures: When Maintenance Is Neglected

Tractor-trailers require regular maintenance to ensure their safe operation. Worn brakes, underinflated tires, or failing steering systems can lead to devastating accidents. In many cases, the trucking company may be liable for failing to perform necessary repairs or inspections.

Cargo-Related Issues: A Hidden Danger

Improperly loaded or unsecured cargo can cause a truck to lose balance, leading to rollovers or jackknifes. Cargo-related accidents are often traced back to negligence by the loaders, making liability more complex to untangle.

At Wojcik Law, we meticulously investigate every angle of an accident to identify all contributing factors and determine who is responsible.

Determining Liability: It’s More Complex Than You Think

Unlike car accidents, where fault is often straightforward, tractor-trailer accidents involve multiple potential defendants. Liability can extend beyond the driver, reaching the trucking company, maintenance contractors, and even manufacturers.

When Is the Driver Responsible?

The driver can be held liable if they acted negligently by speeding, using a phone while driving, or violating hours-of-service regulations. For example, if a driver was drowsy due to exceeding the legal limit of hours on the road, this could be a key factor in determining fault.

The Role of the Trucking Company

Trucking companies can share responsibility if they failed to conduct proper hiring practices, did not adequately train their drivers, or ignored maintenance schedules. In some cases, companies may even push drivers to work beyond their limits to meet delivery deadlines, creating unsafe conditions.

Other Potential Liable Parties

• Maintenance Providers: If a contracted company failed to properly service the truck.

• Cargo Loaders: When shifting or improperly secured cargo leads to an accident.

• Manufacturers: In cases where defective parts, such as faulty brakes, contributed to the crash.

Identifying every liable party ensures that victims receive the full compensation they deserve.

The Challenges of Federal Regulations

Tractor-trailer cases are complicated by the numerous federal regulations that govern the trucking industry. Agencies like the Federal Motor Carrier Safety Administration (FMCSA) impose strict rules on driver behavior, vehicle maintenance, and cargo loading.

For example, drivers must comply with hours-of-service rules to prevent fatigue, and trucks must undergo regular inspections. However, proving violations of these regulations requires a detailed understanding of the law, as well as access to critical evidence like driver logs, inspection reports, and black box data.

Legal representation is crucial in these cases, as attorneys have the expertise to request and analyze this evidence. At Wojcik Law, we work tirelessly to uncover regulatory violations that strengthen our clients’ cases.

Injuries and Long-Term Impact on Victims

The injuries resulting from a tractor-trailer accident are often severe, given the size and force of these vehicles. Victims may suffer from traumatic brain injuries, spinal cord damage, broken bones, or internal injuries that require extensive medical treatment and rehabilitation.

Beyond the physical toll, these injuries often result in significant financial burdens, including:

• Ongoing medical expenses

• Lost wages and reduced earning capacity

• Emotional and psychological trauma

For families who lose a loved one in such an accident, the impact is even more profound. At Wojcik Law, we understand the devastating effects of these accidents and fight to secure compensation that accounts for both immediate and long-term needs.

The Importance of Legal Representation

Handling a tractor-trailer accident case without legal assistance is overwhelming. Between the medical bills, insurance claims, and the complexities of determining liability, victims can quickly become frustrated and financially strained.

At Wojcik Law, we take on the burden so you can focus on healing. Our Trucking Accident Legal team:

• Conducts in-depth investigations to determine the cause of the accident

• Negotiates with insurance companies to ensure fair compensation

• Pursues litigation if a settlement cannot be reached

With years of experience handling tractor-trailer accidents in Chicagoland, we are committed to delivering the best possible outcomes for our clients.

Have You Been the Victim of a Tractor-Trailer Accident? Contact Wojcik Law

Tractor-trailer accidents are complex, but you don’t have to face the challenges alone. At Wojcik Law, we combine our legal expertise with a deep understanding of Chicagoland’s unique roadways and trucking industry. If you or a loved one has been affected by a tractor-trailer accident, contact us today to discuss your case and explore your options.

Let us help you navigate the complexities and fight for the justice you deserve. Contact Wojcik Law now and take the first step toward rebuilding your life.

State of Illinois Trucking Accident Insurance Claims

MAIN ROLES OF Insurance Companies IN TrucKING Accident Claims

When you're involved in a trucking accident, life can change in an instant. Not only do you have to deal with the physical and emotional aftermath, but the complexity of insurance companies immediately becomes part of the picture. Wojcik Law, the premier Chicago truck accident attorney, specializes in representing residents of the Chicagoland area in trucking accident claims. With legal professional expertise in dealing with insurance companies and navigating the complexities of these cases allows them to effectively advocate for fair compensation.

Insurance companies are notorious for minimizing payouts through strategies that protect their own interests. They often downplay the severity of injuries, cause delays in the claims process, and try to shift liability onto the victims. Wojcik Law has encountered these tactics and successfully fought for their clients' rights. They understand the stress caused by delays and lowball offers, particularly for families in the Chicagoland area who depend on fair compensation.

Trucking accidents often involve multiple insurance policies due to the involvement of different parties. Wojcik Law excels in unraveling these complexities and identifying responsible parties.

The Illinois Motor Vehicle Accident Lawyers at Wojcik Law also explore all potential avenues of compensation. Whether there is one insurance company involved or several, their skilled legal team handles paperwork, negotiations, and litigation, ensuring a favorable outcome for their clients.

For those in the Chicagoland area, Wojcik Law knows exactly how to navigate the tactics and hurdles that insurance companies present.

Why SEMI-Truck Accidents Differ, From Other Motor Vehicle Accidents

At first glance, a trucking accident might seem like just another vehicle crash. However, these accidents are much more complicated due to the multiple parties involved, such as the truck driver, the trucking company, and the truck manufacturer. Perhaps the biggest complication comes from the insurance companies that represent these various parties. In trucking accidents, insurance companies play a major role in:

• Determining liability

• Processing claims

• Negotiating settlements

It's no secret that truck companies often carry higher insurance limits than individual drivers, and insurance companies will do everything they can to protect their assets. At Wojcik Law, we specialize in these complex cases, understanding how insurance companies think and maneuver. It's essential to have a legal advocate who knows how to navigate this system, especially if you're facing large corporations with deep pockets.

How Insurance Companies Protect Their Interests

Insurance companies are businesses first and foremost. While their purpose is to provide compensation, their ultimate goal is to minimize their payouts. In trucking accident claims, insurance adjusters are trained to find ways to reduce the amount they must pay out, often by shifting the blame or undervaluing your injuries.

At Wojcik Law, we've seen firsthand how insurance companies employ various strategies to protect themselves, such as:

• Downplaying the extent of your injuries: They may argue that your injuries are not as severe as you claim, offering you a lower settlement.

• Delaying the claims process: Time is money, and delaying the process can push victims to accept a smaller payout due to mounting bills and stress.

• Shifting liability: Insurance companies often attempt to place some or all of the blame on the victim, reducing their responsibility to pay for damages.

Our State of Illinois Trucking Accident Attorneys know these strategies well and are prepared to fight for your rights. We understand the stress these delays and lowball offers cause, especially for families in Chicagoland who rely on fair compensation to cover medical bills, lost wages, and emotional trauma. You deserve more, and we're here to ensure you get it.

Multiple Policies and Parties Involved

One of the most challenging aspects of a trucking accident claim is the fact that multiple insurance policies may be involved. This is often the case when there are multiple parties—such as the truck driver, trucking company, and cargo owners—each of whom may have their own separate insurance. This complexity means you could be dealing with include: 

• The truck driver's personal insurance

• The trucking company's corporate insurance

• Insurance covering the truck's cargo

• Other policies, such as umbrella policies that provide additional coverage

Wojcik Law has years of experience dealing with these tangled webs of insurance policies. We know how to identify which parties are liable and how to make sure that all potential avenues of compensation are explored. Whether you're dealing with one insurance company or several, our legal team will handle the paperwork, negotiations, and litigation necessary to ensure a favorable outcome.

Gathering MOTOR VEHICLE ACCIDENT Evidence: A Key to Success

Insurance companies often rely on the strength of the evidence to determine the amount they are willing to pay. This means that from the moment the accident occurs, you should be prepared to gather as much evidence as possible. This includes police reports, witness statements, and photos from the scene.

But beyond the immediate aftermath of the accident, there are other critical pieces of evidence that can make or break your claim, such as:

• Truck maintenance records

• Driver logs and hours of service (to determine if the driver was fatigued or overworked)

• Black box data from the truck that can reveal speed and braking details at the time of the accident

Wojcik Law is experienced in obtaining and interpreting this type of evidence. We work with experts in accident reconstruction, medical professionals, and investigators to build the strongest possible case for our clients in the Chicagoland area. We know what insurance companies are looking for, and we make sure your claim is backed by solid, irrefutable evidence.

The Importance of Acting Quickly IN A TRUCKING ACCIDENT CaSE INVOLVING A SEMI-TrUCK

Time is not on your side after a trucking accident. Insurance companies often act quickly to gather evidence, interview witnesses, and start building their case. They understand that the sooner they begin their investigation, the better positioned they will be to minimize your claim.

That's why it's important to consult an attorney right away. Wojcik Law will ensure that your case is prioritized, and we will start gathering evidence immediately to counteract the insurance company's efforts. Delays can result in lost evidence and missed opportunities to strengthen your claim.

In Chicagoland, we've helped countless victims of trucking accidents avoid common pitfalls by acting swiftly and decisively. Don't wait until it's too late—your compensation depends on a prompt and thorough response.

Negotiating with Insurance Companies

One of the most crucial roles Wojcik Law plays is negotiating with insurance companies on your behalf. Insurance companies will often make low initial offers, hoping you'll settle quickly and for less than you deserve. Here are some key aspects we focus on during negotiations:

• Medical expenses: We ensure all past, current, and future medical costs are accounted for.

• Lost wages: If you've been unable to work due to the accident, we calculate your lost wages and lost earning potential.

• Pain and suffering: We fight to include compensation for the emotional toll the accident has taken on you and your family.

When Litigation Becomes Necessary

While most cases are settled out of court, some trucking accident claims may require litigation. This typically happens when insurance companies refuse to offer a fair settlement. Wojcik Law is always prepared to take your case to trial if necessary, and we have a proven track record of success in court.

During litigation, we continue gathering evidence, building a strong case, and representing you every step of the way. Our attorneys are skilled in cross-examining witnesses, presenting compelling arguments, and using expert testimony to support your case.

Wojcik Law: Advocating for Chicagoland Victims

At Wojcik Law, we take pride in representing the people of Chicagoland in their most challenging moments. Trucking accidents are devastating, but with the right legal support, you can fight back against the insurance companies and get the compensation you deserve. We understand the intricacies of dealing with powerful insurance companies and have the resources to take on even the most complex trucking accident cases. If you or someone you love has been involved in a trucking accident, don't hesitate to reach out. Let Wojcik Law be your advocate and help you reclaim control of your life.

William S. Wojcik, Ltd - Proud Sponsors of St Germaine School

We had the esteemed privilege to enjoy a ‘Night on The Town’ on January 18, 2020.

We are proud sponsors of this wonderful event that benefits the children of St Germaine Catholic School. 

St Germaine Catholic School educational programs strive for academic excellence by helping each student to develop his or her own special gifts of integrity, pride, cooperation, and self-direction through perseverance.

As ‘Your Southside personal injury Attorneys’ we are dedicated to uplifting our community. 

Learn more about the St Germaine Catholic School here!

What to Do If You’ve Been Injured in a Car Accident in Chicago

Car Accident Injury Checklist

Every year in Illinois, hundreds of thousands of people are involved in auto accidents. In 2017 alone, there were 311,679 motor vehicle crashes in Illinois, 21.5% of which were injury crashes. Almost 1,000 motor vehicle crashes in Illinois in 2017 were fatal.

While you may never be involved in a crash, with the high number of accidents that occur every year, it’s important to know what to do if the worst does occur and you experience an auto accident first hand.

Here are ten of the most important steps to follow if you’re involved or injured in a car accident in Chicago:

1)      Turn Off the Car

The first step if you’re involved in a car accident is to move out of the way of traffic and stop your vehicle as soon as possible – it’s illegal to continue driving! You should stop the car, turn off the engine and switch the hazard lights on.

Following these three steps, even after a minor collision, will make sure that you’re following the law and keeping yourself, any passengers in your vehicle and other road users safe.

2)      Check for Injuries

Your health and the safety of any passengers in your vehicle should be your top priority after an auto accident. Once you’ve stopped the car, you need to check yourself and anyone else in the vehicle for injuries. If you, a passenger or anyone else has been injured in the accident, call for ambulance as soon as you’re able to.

3)      Call the Police

As well as calling for an ambulance, you’ll need to call the police after a car accident in Chicago. You should contact the police to file a police report even after a minor car accident. Depending on the severity of your accident and how busy the local police are, they may or may not visit the accident scene.

Informing the police of an accident and filing a report is helpful for your insurance claim and if you decide to file a lawsuit with the help of an auto accident attorney in Chicago.

4)      Don’t Admit Fault

An important thing to bear in mind immediately after a car accident in Chicago is never to admit that you’re responsible for the crash. Admitting fault at the scene of the accident could harm your chances of a successful insurance claim. Where possible, only discuss the details of the accident with a lawyer, your insurance company and the authorities.

5)      Exchange Details

While you shouldn’t talk about the accident details with other parties involved, you should still exchange contact details with them. Getting the name, address and contact details of other drivers involved in the accident is of the upmost importance!

6)      Gather Information

As well as the contact details of other parties involved in the auto accident, there’s a lot of other information you should try to collect. The more information you can acquire after an accident, the better the position you’ll be in to make a claim.

You should try to obtain/record:

• The company name and policy number of the other party’s insurance

• A description of the other party’s vehicle, including the license plate number and registration details

• The details of any witnesses

• The details of the police officers who responded to the accident

• A detailed account of what happened before and during the accident

• The date, time and address of the accident

• The direction that all vehicles involved in the accident were travelling

• Details of the road conditions

7)      Take Photos

Photos are also a very useful form of evidence to collect after a car accident. If possible, take photos of the accident scene, including the position of the vehicles and any damage sustained during the accident. Pictures of your injuries, road conditions, possible contributors to the accident and property damage can also be useful proof to have when filing an insurance or compensation claim.

8)      Call Your Insurance

Another important thing to do after an auto accident is to call your insurer and inform them of the accident. You should do this as soon as possible – from the scene of the accident if you’re able to.

Your insurance company will walk you through what will need to happen next and how long you’ll have to make a claim. You may be required to make a claim within just a few days or weeks of the accident, so it’s important to contact your insurer quickly.

9)      Keep Evidence of Expenses

After the accident, you should continue to gather evidence that’ll be of use for your insurance claim or if you decide to make a claim for personal injury compensation.

You should obtain/keep documents such as:

·         The accident report

·         Medical bills

·         Communication from your insurance company

·         Vehicle repair bills

·         Car rental receipts

10)  Get in Touch with a Chicago Auto Injury Attorney

An insurance claim may not cover everything after a car accident, such as pain, stress, lost income and the cost of your medical bills. The final step after a car accident to improve your chances of receiving owed compensation is to call a specialist car accident lawyer in Chicago, such as the experts at Wojcik Law.

The statute of limitations for car accident lawsuits in Illinois is just two years to claim damages for injuries and a minimum of one year, or sometimes up to two years, for wrongful death, so it’s best to get in touch with a car accident attorney as soon as possible after an accident! The sooner you contact a lawyer, the fresher the accident will be in your mind, which may also help your case.

An attorney at Wojcik Law in Chicago will evaluate the facts of the accident and help to determine whether you have a case for compensation. You may be entitled to compensation to cover losses if the other party was entirely or only partly at fault for the accident.

Car accidents can be a traumatic experience that may people aren’t prepared for. Knowing what to do beforehand and who to call can make the extremely stressful and worrying event much easier. For more information about what to do after a car accident in Chicago, and where you stand legally, contact Wojcik Law.

What to Expect in Your Initial Meeting with Your Personal Injury Lawyer

Meeting with a personal injury lawyer can be a daunting prospect, especially if it’s your first time meeting with any kind of attorney and you have no idea what to expect. It’s time to relax and let go of the worry, because meeting with a personal injury lawyer in Chicago isn’t as scary as you might imagine. Your attorney is there to help you, so they’re going to do everything they can to put you at ease.

Here we’ll cover everything that you need to know to take the fear or anxiety out of your initial meeting with your personal injury attorney and get the most out of the experience.

Things You Should Know About Your Initial Meeting

The single most important thing to know about your initial meeting with an attorney is the purpose of the meeting, which is twofold. The first purpose of the meeting is for you to get to know the lawyer, more about their experience and what they can bring to your case. This meeting is a chance for you to decide whether the lawyer is the right person to take on your case and ask any questions that you may have about the law practice, the lawyer’s case history and your personal injury case.

The second purpose of the meeting is for the personal injury lawyer to learn more about your case. They’ll be asking questions in order to evaluate your case and determine whether or not there’s a potential for the case to be won. All the information shared during this meeting will be beneficial for your attorney, who’ll be using their knowledge of personal injury law to start working out the viability of your case.

It’s unlikely that your first meeting will take long, especially if you come prepared. Your lawyer will make sure that you’re as comfortable as possible throughout and will clarify any points that you don’t understand or need more information on. This meeting is basically just a conversation!

What You Should Bring to Your Meeting

Exactly what you’ll need to bring to your first meeting will depend on your case and what your lawyer advises prior to the meeting. It’s vital that you bring all the documents and information requested so you can get the most out of the appointment and your lawyer can get a clear idea of your case.

Your lawyer may request that you bring:

• Medical records, including any bills, diagnosis and treatment reports, dates of admittance, prescription medication details, and hospital addresses

• Receipts of any expenses incurred due to your injury

• Official reports, including the police report

• Insurance information, such as auto and health coverage

• Finance information, such as lost wages

• Evidence, including photographs and any correspondence that you’ve had with other parties

The more useful information you can bring and the better organized it is, the faster the meeting can progress and the better informed your lawyer will be at the end.

You'll Be Asked About Prior Accidents and Injuries

This can be a very difficult part of the meeting, especially if the details of your accident and injury are sensitive. It’s important to remember that your lawyer is only asking these questions to learn more about your case and not to make you uncomfortable in any way. The attorney-client privilege will ensure that all the information you share remains confidential.

Your lawyer may ask you questions similar to:

·         Have you given any information to insurance companies or other lawyers?

·         What injuries did you sustain in the accident?

·         How have your injuries affected you day-to-day?

·         How painful are your injuries?

·         What insurance coverage do you have?

·         Is this the first accident you’ve been in?

·         What did the doctor say about your injuries?

·         Are you in employment?

Going into the meeting prepared to answer these questions will make the whole process much easier and less stressful.

Signing an Attorney Client Agreement

If your lawyer decides to take on your case and you decide that you want to work with them, then you should expect to receive a fair bit of paperwork. This paperwork will include an attorney client agreement.

An attorney client agreement is a contract between you and your lawyer that covers things like fees, the kind of representation that the lawyer will provide and the responsibilities and duties of the lawyer. Included within the agreement will also be information about confidentiality, a definition of your relationship with the lawyer and details about case management and ending the relationship. The agreement may be quite long, but it’s important to read it in full and ask if you’re unsure about anything.

Contingency Fees Explained

Different lawyers have different fee arrangements: some have a fixed fee; others have an hourly fee. Like many personal injury lawyers, at Wojcik Law we use a contingency fee arrangement, so we’ll discuss the specifics of these fees in more detail during your initial consultation.

A contingency fee basically means that a lawyer will only require payment for their services if they win your case. The contingency fee is a predetermined percentage of the settlement or award and should be clearly outlined in your attorney client agreement.

Medical Authorizations

During your initial meeting with your personal injury lawyer, medical authorization will very likely be brought up. Medical authorization is when you authorize for your medical records to be released. 

When pursuing a personal injury case, it may be important for your attorney to have access to some or all of your records in order to build a case. There are pros and cons to releasing your medical records, which your lawyer will discuss with you in detail during your consultation. It’s up to you whether you release your records, but it’s important to remember that these can be essential for assessing the extent of injuries and calculating damages.

Now you know what to expect from your first meeting with your personal injury lawyer, it’s time to book a consultation. You can contact Wojcik Law today to book a free consultation with an experienced personal injury lawyer in Chicago and start discussing your case.

Six Important Things to Know about Nursing Home Neglect Cases

Things to Know about Nursing Home Neglect Cases

When you entrust the care of an elderly loved one to a nursing home, you expect them to receive the highest level of care. Some nursing homes across America provide an exceptional degree of care and support; however, others fall far short of expectations and residents sadly experience varying degrees of abuse and neglect. 

Nursing home neglect should always be treated as the serious problem it is. While bringing a case against a nursing home for negligence may sound like an enormous undertaking, nursing home neglect cases very often have an incredibly positive outcome. 

A successful case can provide you or a loved one with deserved compensation and even improve the care and support given to other residents, sometimes to a life-changing extent. 

Here are six important things to know about nursing home neglect cases and what to do if you suspect a loved one is suffering abuse in a nursing home:

There Are Different Types of Nursing Home Neglect 

Nursing home neglect cases don’t always revolve around physical abuse, which is what many people imagine when they think of abuse. Neglect can take many different forms, including:

• Personal hygiene neglect

• Emotional/social neglect

• Basic need neglect

• Medical neglect

These types of neglect can become apparent in multiple ways, such as:

• Failure to prevent illness or injury

• Inadequate bathing and cleanliness

• Administering incorrect medication

• Dehydration and malnutrition 

• Isolation

When a caregiver has failed a resident due to malpractice or physical or psychological neglect, it’s often possible to file a claim for compensation. 

The Compensation Awarded for Nursing Home Abuse Is Varied 

No two nursing home neglect cases are the same. There are many factors that determine what compensation you’ll be awarded and how much, including the severity of any injuries and whether the claim is for wrongful death or injury. 

Here are some examples of what compensation may be awarded for in a nursing home neglect case:

• Economic damages

• Disfigurement

• Pain and suffering

• Medical expenses

• Loss of normal life

• Punitive damages

For the best results from a nursing home neglect case, it can be very helpful to have the assistance of a Chicago attorney who’s experienced in this very sensitive and complicated area of law. 

Instances of Neglect in Nursing Homes Are Very Common

If you’re considering claim against a nursing home for abuse or neglect, then it’s important to remember that you’re not alone. The unsettling truth is that elder abuse is a prevalent problem across America. 

The number of Americans aged 65+ who have been the victim of mistreatment by a person that they depend on for care is thought to be between 1 and 2 million. It’s also estimated that just 1 in 14 elder abuse cases are reported.

You Have Two Years to Make a Claim for Nursing Home Neglect

One of the most important things to know about nursing home neglect cases is that there’s a strict timeframe for making a claim. In the vast majority of cases, the statute of limitations expires 2 years after a person first knows about/should have known about an act of negligence. 

It can be highly beneficial to file a claim sooner rather than later, as it’ll speed up the time it takes to recover damages. Finding and preserving evidence and hiring an experienced Chicago neglect lawyer can also be easier when you pursue a claim quickly. The sooner you bring abuse to light, the sooner it can end.

Multiple Laws Are in Place to Govern Standards in Nursing Homes

Knowing where you stand with federal and state laws or having someone to advise you on them is essential when pursuing a case for nursing home neglect. As well as federal laws, in Illinois there are multiple laws in place to protect the elderly and govern the care they should receive, including:

• Illinois Act on the Aging

• Illinois Nursing Home Care Act

• Adult Protective Services Act

These laws cover everything from nursing home security measures and resident rights, to the necessities all residents are entitled to, like clothing, food and health care. Any deviation from the correct standards of care can lead to serious health problems, including potentially fatal conditions like pressure ulcers (bed sores). 

Abuse Cases Can Result in Nursing Home Closures

Filing a claim against a nursing home could result in an outcome far greater than you ever believed possible: a nursing home closure. In cases where the abuse or neglect suffered by residents is substantial, the nursing home may be forced to close. Nursing home closures can prevent more residents suffering abuse at the hands of neglectful caregivers.

Nursing homes in Illinois have been closed in the past due to neglectful and abusive practices. The first instance of an Illinois nursing home closure – where such practices caused the death of a patient – was in a case taken on by the attorneys at Wojcik Law. The case resulted both in the closure of the nursing home and the first ever Decubitus Ulcer national conference, which took place in Chicago.

In this case, it was a patient’s death that ultimately brought to light the serious abuse and neglect at the nursing home. By keeping an eye out for the signs of nursing home neglect and acting quickly in the event of suspected abuse, it can be possible to bring a case against a nursing home before such a tragic event occurs. 

What to Do If a Loved One Has Suffered from Nursing Home Abuse

Nursing home abuse is something that most people never expect to happen, so it’s understandable to be unsure what needs to be done when it does. There are a number of important steps to take when you suspect or are certain there has been abuse, these include:

• Remove your loved one from the nursing home if necessary

• Document any signs of abuse and talk with your loved one about the neglect

• Contact the authorities and report the abuse (always call 911 in an emergency)

• Hire a nursing home neglect lawyer

If you suspect a loved one is being abused, then it’s vital that you don’t delay in contacting the authorities. Protecting your loved one and other residents by stopping the abuse is a top priority! 

Nursing Home Abuse Attorney in Chicago

When you contact a Chicago nursing home neglect lawyer, you’ll be able to get advice about your claim and receive support in taking the next steps. Abuse and neglect cases are often very traumatic and stressful, so having this professional assistance can be a real weight off your shoulders. 

A nursing home neglect and abuse attorney will have experience in what constitutes neglect in different settings. They’ll help you to understand your rights and give you the power to fight back and make sure that your voice is heard. 

Whether you’ve suffered from nursing home abuse, you’re representing a loved one, or you want to explore your options for filing a wrongful death claim, an attorney will be able to support you every step of the way.

Contact Wojcik Law for Advice on Nursing Home Neglect Cases in Chicago

Any instance of neglect or abuse in a nursing home should be treated with the upmost sensitivity and haste to achieve the best result for victims and survivors.

If you would like to know more about nursing home neglect cases and how you can receive compensation or learn more about what’s involved in nursing home closure cases, then contact Wojcik Law today.

Medical Malpractice Cases - Reasons Why Medical Documentation Matters

When you receive treatment from a doctor or hospital, you are trusting them to deliver a competent level of care that won’t lead to preventable harm. Unfortunately, even the best physicians can make serious, though unintended, mistakes. 

Medical mistakes and medical treatment that doesn’t go as planned could leave you in significant distress and suffering both physically and mentally. This could lead to substantial financial losses and further medical expenses. 

Medical documentation isn’t something that a patient normally needs to think about but when things haven’t gone as planned, they can be a crucial part of the case. If there is any kind of dispute or disagreement between the patient and the physician, the medical documentation provides the legal protection that both sides need. When the medical documentation is missing, insufficient or contains mistakes, it can help to demonstrate that the physician has not acted as competently as the law expects. 

If you have suffered from harmful medical mistakes, sometimes generally referred to as medical malpractice, don’t suffer in silence. Contact William S. Wojcik Ltd.,  and receive advice and support from our expert team of professional medical malpractice lawyers in Chicago. 

Medical Malpractice Cases

Medical malpractice is an extremely complex area of law, and requires expert knowledge and skill to be able to navigate the case successfully. Here at William S. Wojcik Ltd, we have a proven track record in medical malpractice and have lawyers with vast experience in the field. 

It’s essential to understand how the law defines medical malpractice before proceeding with a case. For the law to accept that medical negligence/ malpractice has taken place, the following must be established:

• There was a professional duty the physician owed to the patient. This is arguably the simplest to demonstrate as every physician owes their patients a duty of care. Nevertheless, it must be proven that the relationship existed. 

• There was a violation of the standard of care. This means that the physician was negligent in delivering a level of care that would have been deemed as acceptable by other medical professionals, given similar circumstances. The law allows that patients should be entitled to expect to receive a consistent level of care from health care professionals. If it’s accepted that the physician has deviated from the standard of care that any other prudent health care professional would have provided, it’s possible to establish negligence. 

• It is not sufficient for the negligence simply to have taken place - there must be some injury caused. For medical malpractice to be proven, it must be demonstrated that the injury arose as a result of the negligence. If there was an injury but it did not arise from the negligence, there will be no case to answer. 

• The injury caused by the negligence led to significant damage. It must be proven that the injury caused suffering and hardship, disability, loss of income, unusual pain or additional past/future medical bills. 

In this context, it’s imperative to underline the fact that a physician failing to act when they should have done something is also considered to be negligence. The circumstances of the care will also determine what the outcome would have been, and the test will be against what other competent health care professionals would have done in similar circumstances. For example, the expectations for emergency care in a life-threatening situation may be different from routine minor surgery. 

At William S. Wojcik Ltd. in Oak Lawn, IL we have proven experience in establishing medical malpractice and understanding the very complex criteria which applies. 

Medical Malpractice Lawyer in Chicagoland

We understand that deciding to go ahead with a case for medical malpractice can be a difficult decision to make. Our professional team of medical malpractice lawyers in Chicagoland can guide you through the process, step by step. A study by the University of Chicago revealed that as many as 1 in 5 Americans believe they have suffered from an error in their medical care. Out of these people, three quarters said they were injured as a result of the error. If all of these people received proper help from a medical malpractice lawyer, there would be millions of claims every year. However, another study suggested that no more than 1% of all medical incidents lead to a claim. 

Despite the popular misconception that there is too much litigation, the reverse is actually true. Only a tiny fraction of people receive the support they deserve from a medical malpractice lawyer after being injured due to medical malpractice. 

The Journal of the American Medical Association (JAMA) has said that medical malpractice is the third leading cause of USA deaths, with more than a quarter of a million people dying every year due to errors. Given the potential severity of errors, pursuing a claim for medical malpractice can help to prevent even worse mistakes from taking place. 

If you think you may have been a victim of medical malpractice, come and talk to the lawyers who really understand. William S. Wojcik Ltd. will provide you with honest, independent and expert advice about what your options are. 

What to do if there is a Medical Documentation error?

Medical documentation is a crucial part of the process and if it goes missing, the result can be catastrophic. A physician must keep complete records of your care including any agreements you reached regarding treatment, the medication prescribed, allergies, care given and any other pertinent information. These records could save your life in an emergency so it’s vital that they’re completely reliable. 

The care and medication delivered to you will be based on other medical professionals reading your records so missing, incomplete or incorrect information is a huge issue. If you suffer an injury and the appropriate medical documentation is incomplete, incorrect or unclear, you could have a strong case for medical malpractice. 

In addition, if missing records prevented you from receiving the proper care you would have been entitled to, and you suffered a substantive injury as a result, you may be eligible to claim. 

Medical documentation is there to provide you with a competent level of care and to protect the physician in the event of litigation. For this reason, any errors with the medical documentation must be taken very seriously because in the worst case scenario, the consequences can even be fatal. 

Medical Malpractice Settlement Case Studies 

Here in Chicagoland, at William S. Wojcik Ltd. we have an outstanding track record in winning cases for medical malpractice. We believe it’s important for patients to have their voices heard in an area of litigation that can be difficult to navigate. 

With more than 100 successful cases for medical malpractice and 40 years in practice, our team of lawyers at William S. Wojcik Ltd can provide the very best possible advice. 

Some of the cases for medical malpractice we have won includes:

• $1.495 million for an elderly patient who developed vascular injuries due to surgical errors, and subsequently received negligent wound care while in a nursing home;

• $3.775 million for a group of female patients who endured unnecessary biopsies from their ob/gyn physician;

• $1.2 million for a baby who was infected with Hepatitis B as the hospital and physician failed to administer the necessary Hepatitis B vaccine or Hepatitis B immune globulin at birth or during his stay. 

We have also been at the forefront of groundbreaking cases for medical malpractice, including the use of novel theories to produce settlements. 

The field of medical malpractice is exceedingly complex so it’s essential to have help from lawyers who are experts in this area. At William S. Wojcik Ltd., we can provide you with honest, reliable and informed advice about your case for medical malpractice and what to do next. 

Get in touch with us today at our office in Oak Lawn, Illinois to find out more.