Over the past years working with clients, we have discovered one of the first questions they ask us is “do I have a case?” While every case and situation is different and should be evaluated individually, there are a few things to consider when determining if you have a case for your personal injury or wrongful death case.
Are you injured, or has someone died? Personal injury and wrongful death cases begin with an injury or death. Accidental injuries can happen anywhere. The National Safety Council reports workplace injuries in 2017 numbered over 4.5 million, while vehicle accidents caused nearly 4.7 million injuries as well. If you were accidentally injured, you could be entitled to compensation.
Can we prove liability?
The next step in determining if you have a case is to see if we can prove your injury or death was someone else’s fault. This could mean it was the grocery store’s fault for not putting up signs of a wet floor, which caused you to slip and hurt your back. It could also mean it was your physician’s fault you were incorrectly diagnosed. In all situations, we must be able to prove liability in order to continue with your case.
Are there damages?
In order for a personal injury or wrongful death case to continue, we must determine if there are damages. These damages can be your medical bills or the time you missed from work. It can be pain and suffering, or long term mental health conditions. These damages give us a framework when building your case.
Are the damages related to the accident?
Finally, we need to prove proximate cause. This means we have to be able to show the damages were caused by the event. Can we tie your medical bills to your slip and fall in the grocery store? Can we show you missed time at work due to your incorrect diagnosis? Proving proximate cause is the final step in building your case.
At MacCloskey, Kesler & Associates, we are proud to represent people who have been injured. We are honored to gain their trust and to advocate for their best outcomes. Our team has decades of experience working personal injury cases and more. We don’t expect you to know if you have a case or not – that’s our job! If you would like to tell us more about your situation, please call our office to set up a consultation.
It’s summer, which means families are hopping in the car to drive to their favorite destinations. Before you head on your next road trip, or before you get in the car to drive to work, be sure you are brushed up on safety habits around construction zones.
Road construction is necessary to keep our interstates, highways, and neighborhood streets safe. After all, poor road conditions can lead to potholes or other damage that can quickly lead to vehicle crashes. However, road construction can also be frustrating for busy drivers who are in a hurry to reach their final destination. Here is what you need to know to stay safe this season.
The Federal Highway Administrationreports that in the past five years, more than 4,000 people have died in crashes in work zones. Nearly 200,000 people were injured in accidents in construction zones as well. Rear-end collisions are the most common in construction zones, and one of the most fatal times of year is the summer season (fall is also hazardous).
First things first, when traveling through a construction zone, slow down. Follow all marked speed limit signs and feel free to back off the gas pedal if the construction zone features working employees, lane shifts, or other hazards. Resist the urge to tailgate the person in front of you, choosing instead to take a deep breath and follow at a responsible distance to avoid any accidents.
Put the Phone Down
Distracted driving is already a major hazard, and you should never be on your phone while driving. However, take extra care to focus on the road ahead when driving in a construction zone.
If the construction zone has flaggers or other workers, be sure to follow their instructions. Slow down even more when asked and take special care to give roadside employees a wide berth.
You can choose to adopt good habits to stay safe in construction zones, but you could still be involved in an accident due to negligence on the part of another driver. If you are involved in an accident, be sure you work with an experienced attorney who can help you navigate your case and advocate for your rights.
The thermometer is rising and the kids are out of school, which means it is the time of year when hitting the pool sounds like the perfect way to spend an afternoon. While cooling off with a dip in your backyard or community pool can feel great, it can also be a dangerous situation without proper safety habits. Here are a few ways you can assure your family’s safety this summer in the water.
Supervise Your Kids
Did you know drowning is the leading cause of unintentional deaths in kids ages 1-4? If you are heading to the pool with your child, no matter the age, be sure you are constantly supervising and watching them. For younger kids, you should be in the pool with them, within arm’s reach in case of emergency.
Never leave a child unattended near a pool. Unfortunately, many drowning events happen while families are not swimming, but when a child wanders near the pool and falls in. If you have a backyard pool or are visiting a home with a backyard pool, assure there is a fence or gate that blocks entrance to the pool deck space.
Teach Your Child to Swim
Swimming lessons are crucial to your family’s pool safety plan. Children as young as 6 months can sign up for water safety classes and can begin to learn how to swim or float in the water. Adults should be comfortable in the water as well, so sign yourself up for a refresher class if you are not a strong swimmer yourself.
Talk About Water Safety During Playdates
Elementary school kids can enjoy playdates at the community pool, or in the backyard of a friend. Before dropping off your child for a pool date, be sure you have spoken to the adult who will be supervising the kids. Talk about your child’s swimming abilities, and ask the supervising adult if there will be planned rest breaks where kids get out of the water for a designated amount of time.
For more tips and safety ideas, visit Pool Safely, a national public education safety campaign.
For decades, the team at MacCloskey, Kesler & Associates has worked with clients throughout the northern Illinois area to advocate for their best interests. During that time, we field a lot of questions from our clients. One inquiry we receive is “how much is my case worth”.
It’s no wonder clients are curious how much their case could potentially be worth. Our clients come to us in crisis, often worried about medical bills that are piling up and work paychecks that are not coming in. However, determining a potential value for a case is not an easy – or quick – task.
Beware Easy Answers
We discourage clients from using online tools that promise to calculate how much a settlement could be worth in their case. These calculators are inaccurate, as it takes a combination of record review and experience to estimate a case’s worth.
Further, we also discourage potential clients from using an attorney that promises a certain amount of money during the initial case consultation. Our years of experience have given us the knowledge to know that a quick meeting about your situation will not give anyone the information they need to make an accurate assumption of worth.
Go with Experience
Instead of seeking easy answers online or with an inexperienced attorney, contact our team. We are considered experts in evaluating case worth throughout the area. In fact, well-established firms as far away as the city of Chicago have called us to evaluate case value for their clients. Our team can evaluate case worth more accurately than others because we have tried many cases over the past few decades.
Our experience gives us a unique insight into case evaluation. We take into consideration the case, the medical bills, and recovery, as well as quality of life. Further, we understand each jury is different and can make or break a case.
It is okay to wonder what your case could be worth. However, you have to determine the potential value with an experienced attorney by your side. Call us today to set up your free consultation.
According to the Centers for Disease Control, more than 60% of women of reproductive age use some type of birth control. While most birth control methods are relatively safe for the women who use them, there have been types that have unfortunately caused unwanted side effects or dangers for women.
The Essure device is one such case, where a company ended up seriously injuring the women who turned to the device for their preferred method of birth control.
What was Essure?
Essure was a birth control implant that came into the American market in 2002. It was manufactured by Bayer and used by many women. Problems and concerns began surfacing as early as 2016. While Bayer chose to stop selling the device outside of the United States in 2017, it did not pull the device from America until mid-2018.
What were injuries caused by Essure?
Unfortunately, women who used Essure were at an increased risk for serious health complications and side effects. The general injuries sustained by women who used Essure include pelvic pain, autoimmune diseases, and perforated injuries. Here at MacCloskey Kesler & Associates, we are currently working with clients who have had to have hysterectomies due to injuries and complications caused by Essure.
What happens now?
The Essure birth control device had serious problems and the implant was not pulled in enough time to reduce the risk for the women who used it. There is currently a major lawsuit to hold Bayer accountable for medical costs and compensation for women injured by Essure.
If you used the Essure device and have experienced complications, now is the time to contact the team at MacCloskey Kesler & Associates. We are working hard for our clients who were injured due to Essure and can provide you with the individualized attention that a nationwide firm can simply not provide.
Give us a call to tell us more about your situation, or to inquire if you could be entitled to compensation for your injuries or conditions caused by Essure. We promise to work hard for you and to get you a positive outcome.
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.