Benefits of Taking Your Case to Trial

Benefits of Taking Your Case to Trial

When you are seeking compensation for a personal injury or wrongful death event, you are thrust into a legal world that you may not have known about before. It is overwhelming to attempt to contend with large insurance companies on your own, and having an experienced attorney by your side can increase the chance of a positive outcome (as well as alleviate quite a bit of your stress). However, even the most experienced attorney can be timid to take your case all the way into a courtroom. Are you missing out if you don’t go in front of a judge?

Why don’t cases go to trial?

Most personal injury and wrongful death cases do not go to trial. In fact, some statistics demonstrate less than 10% of cases like yours make it into a courtroom. Why is this? Mainly, attorneys for the injured and for the defendants prefer to solve the matter before it goes to trial.

Trials can be expensive and require extra staff time. Attorneys will need to be on their game, arguing their case live in front of a judge and jury. Many attorneys prefer to keep their arguing in a boardroom and out of court.

Should my case go to trial?

Every case is different, but it is important to seek out an attorney that is not afraid to take your case to trial if necessary. When you search for an attorney to represent you, assure you find one that has a recent track record of success in the courtroom as well as in pretrial settlements. If you have an attorney who is too timid to go to trial, you may not receive the compensation you ultimately deserve.

At MacCloskey Kesler and Associates, we have a serious track record of successful outcomes for our clients – in and out of court. We have found that going to trial is necessary in many cases in order to get the maximum compensation for those we represent. We are not afraid to go toe-to-toe with insurance companies in a courtroom, and we are ready to guide you through that process as well.

Give us a call today to tell us more about your situation. We would love to partner with you to give you a positive outcome.

3M Earplugs Could Have Potentially Caused Damage

3M Earplugs Could Have Potentially Caused Damage

Did you serve in the military after the year 2003? If you did, you may have been given special earplugs to protect your ears from damaging noises in combat and in drills, both in America and overseas. The maker of the earplugs, Minnesota based company 3M, recently settled with the United States Department of Justice for knowingly selling earplugs that were damaged and ineffective.

If you are a Veteran, or a currently active in the military, and used 3M earplugs any time from 2003-2015, you could be owed compensation for your experience, and for medical bills associated with hearing loss or tinnitus (ringing or buzzing in the ears).

3M’s earplugs were yellow and green, able to be reversed to offer further protection from especially loud situations. However, the earplugs were too short to be effective and were prone to become loose, which made protection significantly decrease.

Hearing loss and tinnitus are common for people who work in loud situations. Veterans experience hearing challenges as well, with more than 2.6 million Veterans receiving disability compensation for complications due to hearing loss or tinnitus.

Did you serve in the military during 2003 – 2015? Do you recall being issued 3M green/yellow earplugs? Do you have hearing loss or ringing in your ears? If so, give the team at MacCloskey Kesler and Associates a call. We have the experience to advocate for you and get you the compensation you deserve.

We have been keeping up with the 3M decision and are ready to help you through the next steps to a positive outcome. Our attorney team has decades of experience working with cases just like this and we are committed to guiding our clients through this lawsuit.

Call us today to talk more about your situation and hear about your options. We look forward to working with you.

Trampoline Injuries

Trampoline Injuries

These days, many backyards are equipped with structures to encourage family fun. Swing sets, sandboxes and tire swings can keep kiddos busy when the weather is nice enough to play. However, these backyard additions can also pose the potential for injuries. One of the biggest culprits of backyard injuries? Trampolines.

While trampolines are a great way for kids to bounce, exercise, and burn some energy, roughhousing and catching a double bounce can make the trampoline a dangerous place. The Mayo Clinic reports that childhood injuries for kids can include sprains and breaks, as well as neck or head injuries. If you have a trampoline at home, or if you will be visiting a home that has a trampoline, you should take care to protect yourself and others.

Set Limits
As with most childhood experiences, it is up to the parents to set appropriate limits and rules to keep everyone safe. Don’t allow bigger kids to be in the trampoline with smaller kids, as their weight difference can be especially dangerous. Don’t allow flips or other tricks on the trampoline and encourage only one person to be on the trampoline at a time. Finally, keep a close eye on kids when they are in the trampoline.

Keep the Structure Safe
Trampolines should never be on a hill or uneven surface. Instead, put the trampoline on a flat area of the yard. Next, assure the trampoline has a safety net appropriately installed on the perimeter of the trampoline. Cover springs with pads as well to keep fingers, toes, and feet safe.

In Case of Injury
Taking precautions does not eliminate the chance of injury. If someone is injured on the trampoline, follow first aid recommendations. For an ankle sprain or injury, use ice on the area and follow up with a doctor if the swelling does not go down. For potential head or neck injuries, do not move the person. Instead, call 911.

If you have a trampoline in your backyard, it is your responsibility to let your home insurance company know. Their coverage will be able to cover costs for any injury sustained on your property. If you are injured on someone else’s trampoline, keep all medical bills and work with their insurance company to file a claim.

Working with a reputable and experienced attorney can be beneficial if you, or someone you love, have been injured due to a trampoline. The team at MacCloskey Kesler and Associates are ready to advocate for your needs and assure you get a fair outcome. Give us a call to talk more about your options today.

What Is Whiplash?

What Is Whiplash?

If you have been in a vehicle accident, you may have experienced telltale signs of whiplash. This serious injury can vary in severity but is always uncomfortable and painful for the person who sustains it. Here are the basics of whiplash, because if you are able to identify it early, you can seek treatment early and hopefully get relief sooner.

What is whiplash?
Whiplash is a neck injury. It is caused by sustaining a force that makes the head go forward and back quickly, making the neck have rapid back-and-forth movement, like a whip.

How can you get whiplash?
Most people get whiplash from vehicle accidents. Being in a car that is rear-ended can make the force necessary to sustain whiplash. However, whiplash can happen in other situations too, like during a fall, playing sports, or other trauma.

What are the symptoms of whiplash?
Like most injuries, symptoms of whiplash can vary from person to person. However, there are some symptoms that could indicate whiplash:

  • Feeling like you have a stiff neck
  • Pain in the neck
  • Fatigue
  • Dizziness
  • Headaches
  • Shoulder or upper arm pain
  • Inability to move the neck easily or without pain

What should I do if I think I have whiplash?
If you have sustained an injury and have neck pain or stiffness, seek medical attention. Your doctor can assess your injuries and develop a treatment plan that will help to keep any further complications at bay. Unfortunately, whiplash symptoms can last for months after the initial trauma, and treatment can be the key to keeping you feeling as well as you can.

If you have whiplash due to a vehicle collision or other event, you could be entitled to compensation for your medical bills. Contact the team at MacCloskey Kesler and Associates to tell us more about your situation. We have decades of experience advocating for our clients and can get you a fair outcome.

Is It Medical Malpractice?

Is It Medical Malpractice?

If you have had a bad or traumatic experience with a doctor, you may be wondering what constitutes malpractice? Do you chalk up your trauma or injury to something simple like poor bedside manner or confusing communication, or should you pursue something more serious? These are difficult questions to be considering, especially while attempting to heal and recover from your injury or situation.

While every case is different and unique, there are some parameters that could indicate medical malpractice. Here is what you need to know.

What is the definition?
Malpractice is defined differently in each state. Here in Illinois, medical malpractice occurs when a physician, healthcare professional, or institution (like a hospital) breaches the standard of care when treating a patient. This breach then results in injury or death.

What is the standard of care?
In order to determine if your situation was caused by a breach in the standard of care, we must look at what is considered the standard of care. This phrase includes a generally accepted set of standards of how other physicians, professionals, or institutions would treat a similar patient.

What are examples of medical malpractice?
Medical malpractice could include serious events like a surgery that results in death, or it could include things like a misdiagnosis or incorrect treatment plan that leads to injury.

What should I do next?
If you, or your loved one, have been injured due to a medical mistake or breach in the standard of care, you are entitled to fair compensation. While medical professionals are human and make mistakes, some mistakes can negatively affect your life moving forward. At MacCloskey Kesler and Associates, we can work with you to determine if your situation is medical malpractice and develop a plan to get you the compensation you deserve.

Let us take care of advocating for you while you spend time recovering from your injury or situation. We have decades of experience working on cases like yours, and we aren’t afraid to go to trial to get you a fair outcome.

Give us a call today to get started.

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