Belleville Illinois Legal Blog

Important elements in a wrongful death claim

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, August 8, 2018.

Many of the accidents that occur on Illinois roads result in damaged vehicles and injured victims. When those crashes are particularly serious, however, victims may suffer life-threatening harm. If they do not receive the right care in time, they may succumb to their injuries and lose their lives.

Vehicle accident fatalities are truly tragedies. In many cases, the accidents that led to the victims' deaths could have been prevented by proper attention and care on the part of other drivers. In some cases, drivers may be charged with crimes for their dangerous and irresponsible conduct.

What are pedestrians' rights when they are hit by cars?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Wednesday, August 1, 2018.

A collision between a person and a vehicle can be a dangerous and violent event. Any Illinois resident who is hurt in a vehicle-pedestrian accident should seek medical attention to ensure that they have not suffered any serious physical harm. Once they have taken precautions to protect their health, they may wish to investigate their rights to pursue compensation for the harm they suffered.

Pedestrian accidents are often similar to other vehicle accident claims, in that they may be based on allegations of negligence. A pedestrian victim may allege that drivers failed to exercise their duty of care and that, as a result, the victim was injured. The victim may use facts to support their claim and to demonstrate that the driver's actions led to the victim's injuries.

When are gyms liable for negligence?

On behalf of The Law Office of Van-Lear P. Eckert, PC on Tuesday, July 31, 2018.

All premises have the responsibility to do everything that is reasonably within their staffs' power in order to keep their guests safe. This is true even in certain high-risk environments, such as gyms. While you may be engaging in an activity that has the potential to harm or injure you, the gym staff still must do what they can to prevent injury.

However, not all injuries will be concluded to be the fault of the gym. Sometimes, a person working out in the gym will engage in an activity that is dangerous and they will injure themselves as a result. If the gym staff could not have reasonably foreseen or prevented an incident such as this, it will not be deemed to be the fault of the gym.

Workplace retaliation can take on many forms

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Wednesday, July 25, 2018.

Workplace retaliation is a serious threat to a person's employment. It is often initiated when a worker points out or files a claim based on perceived discrimination or harassment while on the job. If that worker then experiences retaliation in the form of workplace punishments due to their pursuit of justice after suffering harassment or discrimination, then they may also be a victim of workplace retaliation.

Workplace retaliation is not legal in Illinois or any of the other 49 states in the nation. It hurts individuals as it may deter them from seeking help when they are discriminated against or forced to work in difficult conditions due to harassment. If a person believes that they may be fired for filing a claim based on the wrongdoing that they have experienced, then they may choose to endure the problems rather than put their job in jeopardy.

A misdiagnosis can be a serious threat to your health

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Friday, July 20, 2018.

Not all medical conditions have a definite cause. For example, when a Belleville resident comes down with a bad cough their doctor may subject them to a battery of tests to rule out pneumonia, bronchial infection and other sinister causes. If their tests yield no information about the patient's condition then they may simply be left with a general diagnosis of coughing related to a cold.

However, when doctors arrive at wrong diagnoses or fail to attempt to diagnose their patients' problems, serious problems can result. Misdiagnosis is a serious issue and when it occurs the patients who suffer from their doctors' mistakes may have personal injury claims for medical malpractice.

What is considered a reasonable accommodation?

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Friday, July 13, 2018.

Physical and mental disabilities are conditions that may require individuals to experience life in different ways that individuals who are considered able bodied. Illnesses, injuries and genetics are common causes of disabilities in Illinois residents but the presence of a disability in a person does not in any way indicate that that individual is incapable of having a self-sufficient and thriving life. Laws exist that prevent employers from excluding disabled workers from positions in their organizations and from firing employees who become disabled.

For example, the Americans with Disabilities Act makes it illegal for employers to establish employment standards that make it impossible for disabled individuals to qualify for jobs or to promote discriminatory practices in their organizations. Under the ADA employers must also make reasonable accommodations to their disabled employees to ensure that they are able to do the work they are hired to do.

Reality star suffers serious injuries in collision with truck

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Friday, July 6, 2018.

It seems that more shows on television are reality-based rather than original content. Reality shows are programs that involve non-actors who participate in a variety of activities ranging from everyday tasks to outlandish and sometimes dangerous stunts. While Illinois residents may have their own favorite reality programs they may relate to individuals who participate in such programs due to the non-professional status many such performers embrace.

One reality star who was well-known due to her participation in the program "Blood, Sweat & Heels" is Melyssa Ford. Ford has been out of the spotlight since her program involvement in 2015 but recently was back in the headlines for suffering serious injuries in a truck accident. Ford was driving on a freeway when her vehicle was hit by a large truck.

3 good ways to prevent dog bites

On behalf of The Law Office of Van-Lear P. Eckert, PC on Tuesday, July 3, 2018.

Dog bites are not as uncommon as you may believe. In fact, The AVMA Dog Bite Prevention website states that 4.7 million people are bitten by dogs in the United States each year. Of those people, one in five requires medical treatment.

The reason so many dogs end up biting people may simply have to do with proximity. Everyone either has or knows someone who has a dog. This means that there are many you could come into contact with each day, week, month and year of your life, leading to a possibility of bites.

Protect your employment rights, livelihood with legal help

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Employment Law on Friday, June 29, 2018.

Seeking employment can be a hard process for an Illinois resident. After combing through postings about different positions, finding options that match one's qualifications and experience and submitting all of the necessary documentation to show one's fitness of a particular employment role a person may have to wait weeks to find out that they were not selected for a job.

Over time the process can wear a person down, but if the individual finds that they are not getting considered for jobs because of some personal characteristic, the process can be that much worse. Employers who make hiring decisions based on applicants' ages, races, genders and other protected classifications are breaking the law and practicing discrimination in the workplace.

Slip-and-fall accidents are common premises liability incidents

On behalf of The Law Office of Van-Lear P. Eckert, PC posted in Personal Injury on Thursday, June 21, 2018.

Summer is upon Illinois residents, but not that long ago snow and ice afflicted residents throughout the state. Winter conditions can making walking and driving outdoors a challenge for those who wish to stay safe and to avoid injuries in the slippery wetness. However, winter is not the only time when slips and falls can occur. These accidents are a common way that premises liability claims may arise.

Premises liability law is an area of legislation that concerns the safety of property. In general, the owner of a building or parcel of land is expected to maintain the property in such a way as to render it reasonably safe for visitors and individuals who are invited to be on it. If a parcel or structure is to be left alone by others then the owner has a duty to warn others of dangers that may be contained therein.