What Does Wrongful Death Mean?

What Does Wrongful Death Mean?

At MacCloskey Kesler and Associates, we see our roles as more than just attorneys. Our team is stocked with personal injury lawyers with decades of experience, certainly, but we also see ourselves as an advocate, guide, and even a friend to each of our clients. We are committed to providing personal attention to those we serve, and part of that is putting complex legal terms into easier-to-understand wording. When we take the time to do this with our clients, they are more informed and empowered.

We serve clients with various needs, some who come to us devastated at the loss of someone they love. These cases can be especially emotional for us, and we work diligently to give the surviving family members the compensation they deserve in a timely manner.

What does ‘wrongful death’ mean?

The term “wrongful death” can mean different things in different states. Here in Illinois, wrongful death means the death of a person was caused by a wrongful act. This wrongful act can be separated into three categories: acts that were intentional, that were neglectful, or that demonstrated other acts of misconduct.

How do we handle wrongful death cases?

Wrongful death cases require our team to lean on our personal and professional experience. We aim to make the surviving family members, our clients, feel empowered during this emotional and trying time. Our attorney team will sit down with the family to learn more about the death and the conditions leading up to the event. Then, we will work to secure paperwork and documentation about the death and the events that happened prior to, and immediately after, the event.

Our team will advocate for your best interests and an outcome you deserve. We are well versed in the courtroom and are not afraid to take insurance companies and the other party to court to get what you deserve.

All through the process, we are committed to standing beside you and your family as you navigate this difficult time. We will get through this together.

If you have lost a loved one to suspicious conditions, or if you have been injured, contact our team. We would love to hear your story and give you our full attention. Call us today.

Travel Safety Tips

Travel Safety Tips

Do you have a serious case of cabin fever this season? It’s no wonder – our winter has been especially rough, full of polar vortex windchills and piles of snow. Fortunately, we are marching toward spring and travel opportunities to break your winter doldrums. If you are planning a spring break or summer vacation road trip, or if you are just looking forward to a weekend away, be sure you brush up on your driving safety tips. Here are a few to consider while you are planning your next big trip.

Limit Distractions

Distracted drivers are dangerous. While you already know to put your phone down while driving, when you are driving around new places, you can become distracted more easily. If you are using your phone for GPS and directions, keep it at the dashboard level in a secured case. Turn on the voice notifications so that you can listen for upcoming turns instead of staring at the map on your phone as well. If possible, recruit the person sitting in your passenger seat to help you through especially busy cities or tricky interstate changes.

Slow Down

Travelers are often in a hurry to get to their destination. However, more accidents can happen when you drive too fast or follow too closely. Plan for buffer time to destination, leaving a bit early to allow you the freedom to slow down and drive more safely.

Update Emergency Contacts

If you are in an accident far away from home, it can feel even scarier or worrisome. Before you hit the road for your trip, take time to update your emergency contacts in your phone. Then, double check your updated insurance cards are easily accessible, as well as your license. Keep your insurance agent’s phone number handy to report an accident, and don’t forget to include contact information for the team at MacCloskey Kesler and Associates.

Our team is readily available to talk more about your vehicle accident and even assist in getting you the compensation you deserve. Trying to fight with an insurance company can be overwhelming – don’t do it alone. Let us advocate for you.

Illinois Car Seat Law and Recommendations

Illinois Car Seat Law and Recommendations

Anytime you sit behind the wheel of your vehicle, you are responsible for your safety and for the safety of others on the road and in your car. When you become a parent, your responsibility doubles as you become in charge of the safety of the children riding in your vehicle as well. Fortunately, we have the tools and resources to keep kiddos safe while in the car that were unheard of only a few decades ago. However, with all the changing recommendations and state laws, it can be hard to keep up with child restraints.

Here’s what you need to know, and to pass along to any caregiver who drives your children around.

New Illinois Law for Kids 2 and Under

A new law went into effect in Illinois at the beginning of this year regarding child car seats. Currently, all children two years old and younger must sit in a rear-facing car seat. While this practice has been recommended by pediatricians for years, it is only been Illinois law since January of 2019. If the child weighs more than 40 pounds, they can be turned around to face forward.

Preschoolers and Elementary Schoolers

When your child turns 4, if they have outgrown the height and weight limitations of the car seat, you can begin to use a booster seat. Remember, keeping your child in their five-point harness car seat is ideal as long as they meet the height and weight requirements. A booster is a safe option to keep your child safe by using the car’s seat belt. Your child can stop using the booster seat once they can sit on the car’s seat with their feet touching the floor and the seat belt lies flat along their shoulder to hip.

Information for Caregivers

You may be brushed up on your car seat safety, but others may not be. Talk to grandparents, babysitters, and other caregivers about car seat safety and your expectations. If caregivers are not sure if their car seat is installed correctly, encourage them to go to their local police station for assistance before putting your child in their car.

Driving your kids from place to place is a big responsibility. You can keep them safer when you choose to use car seats correctly.

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.

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