Chicago Personal Injury Attorneys of
The Law Offices of John C. Wunsch, P.C.

PRACTICE AREAS AND LEGAL DEFINITIONS

Illinois Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death case in Illinois, the following elements must be present:

• The death of a human being
• Caused by another's negligent or intentional conduct
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased

The general rule in Illinois wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.

If you have suffered the accidental loss of a loved one, contact an experienced Chicago wrongful death attorney at the Law Offices of John C. Wunsch for an evaluation of your legal claim.

Illinois Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, bicycle accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. Anyone injured by a drunk driver in a traffic accident, or surviving family members of a fatally injured accident victim, may be able to bring wrongful death charges against the defendant.

Chicago personal injury attorney John C. Wunsch has served as a personal injury trial lawyer for over 25 years and has a successful track record representing clients who have suffered significant injuries in motor vehicle accidents of all kinds. The Firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The Chicago accident attorneys of the Law Offices of John C. Wunsch, P.C., possess a thorough understanding of Illinois' automobile insurance and liability laws and know how to locate the different sources of recovery available to car accident victims and their families.

Traumatic Brain Injury:

Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Spinal Cord Injury:

Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

Illinois Medical Malpractice:

Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills or disregarded standardized rules, a jury may find the health care provider negligent. If damages result from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians.

Other examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Traumatic Brain Injury
• Birth Injury
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence

Birth Injury:

Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you or a family member has been injured because of improper medical care during a birth, an experienced birth injury lawyer can determine whether you may have a claim against the obstetrician/gynecologist who treated you. Because statutes of limitations bar the filing of claims after a certain period of time following the negligent act, it is critical to contact an experienced Chicago-based birth injury lawyer at the Law Offices of John C. Wunsch to discuss your litigation options.

Erb's Palsy -- During the birth process, the brachial plexus nerves that control the muscles in the shoulder, arm and hand may suffer injury caused by excessive lateral traction applied to the child's arm, neck and shoulder. Such injury, known as Erb's Palsy, is largely preventable due to modern medical technology and techniques. A child with Erb's Palsy will have difficulty using his or hand and arm in a normal way. Many families who have children with Erb's Palsy do not have the resources for the therapy and care that the child will require.

Please contact the experienced Chicago birth injury lawyers at the Law Offices of John C. Wunsch, today. Our birth injury lawyers have obtained favorable decisions in cases concerning Erb's Palsy. We will evaluate your situation and will determine whether you have a promising medical malpractice suit.

Cerebral Palsy -- Each year approximately 10,000 babies born in the United States develop Cerebral Palsy, a brain abnormality affecting the central nervous system resulting in a permanent and irreversible crippling condition. Negligence on the part of a hospital delivery team during the birth process may cause the brain abnormality. Depending on the severity of their disability, people with Cerebral Palsy may need assistive devices for various tasks, specialized medical care, educational and social services, and other help throughout their lives. The highly specialized care, therapy, and the challenges of raising a child with Cerebral Palsy involve very substantial expenditures of money. In Cerebral Palsy cases, it is essential that measures be taken promptly to preserve evidence, review the medical procedures in question, and to enable physicians or other expert witnesses to thoroughly evaluate the birth record and injuries. It is easy to see why Cerebral Palsy cases require prosecution by an attorney who has experience handling such cases. Please contact the experienced Chicago birth injury lawyers of the Law Offices of John C. Wunsch for a free consultation.

Burn Injuries:

People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Illinois Nursing Home Abuse & Neglect:

Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported.

Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss. For a free evaluation of the merits of your case, contact an experienced Chicago Accident Attorney at the Law Offices of John C. Wunsch.

Illinois Aviation Accidents:

Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.

Typically, the National Transportation and Safety Board (NTSB) conducts an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

Construction Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims receive mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a Chicago personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

Illinois Dog Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effect. In the State of Illinois, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained.

Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring. For a free evaluation of the merits of your case, contact an experienced Chicago Accident Attorney at the Law Offices of John C. Wunsch.

Illinois Workers' Compensation:

The Federal Employer's Liability Act is intended to provide wage replacement, as well as medical treatment, for those employees who have been injured, disabled, or killed while performing their jobs. Employees injured or ill due to a work-related accident or due to working conditions are eligible for benefits under the Workers' Compensation Act. Generally, employees are prohibited from suing their employers or co-workers for causing their injuries unless they can prove that their employers or co-workers intended to cause them injury.

However, injured workers may sue a third party if they believe that another party was responsible for an employee's injury or illness. Also, if an injury was caused by a co-worker's operation of a motor vehicle, Illinois law allows an injured worker to sue a co-worker for the negligent, reckless or intentional operation of a motor vehicle. For more information, contact the workers, compensation attorneys of the Law Offices of John C. Wunsch, P.C.

Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and negate the existence of dangerous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store or snow and ice on the stairs of a restaurant need to be investigated quickly. If a claim is against a Town or the State of Illinois, then notices are required within a few months of the injury. For more information, please contact the personal injury attorneys of the Chicago, Illinois law firm Law Offices of John C. Wunsch, P.C.

If you or someone you know in Illinois needs the assistance or trusted legal advice of an experienced Chicago personal injury attorney, contact the attorneys of the Law Offices of John C. Wunsch, P.C., today at 866-435-2715, or complete the contact form provided on this site to begin your free consultation with a skilled Chicago, Illinois accident attorney.