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Motorhome Accident Leads to Injury Lawsuit Between SpousesDespite being married for more than 40 years, an Illinois woman is attempting to sue her husband for personal injury compensation. In the case of Hand v. Hand, the wife claims that her husband’s negligence caused their motorhome to crash into a concrete wall, resulting in her injuries. The couple was in Indiana at the time of the accident, traveling back from a visit to Florida. Because the incident happened in a different state than the couple’s residence, an Illinois circuit court applied Indiana state law to the case, which would prevent the woman from suing her husband. However, an Illinois appellate court overturned that decision, stating that Illinois law applies in this case.

Conflicting Laws

The court’s decision on which state’s laws it would use in the personal injury case was vital in determining whether there could be a case. Illinois and Indiana laws conflict on whether spouses are allowed to bring lawsuits against each other:

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Winter Puts Pedestrians in Peril of Vehicle AccidentsPedestrians and drivers, alike, need to be aware of each other during winter weather. Each tends to focus on navigating snow and ice accumulations to avoid their own accidents. While distracted, they may not see each other until it is too late to avoid a collision. It is necessary for both sides to use greater caution during the winter in order to prevent a pedestrian injury.

Sidewalks and Streets

Illinois law states that pedestrians may not walk along the side of the road if there is an available sidewalk. However, snow can pile up on sidewalks because of a property owner not clearing it or a plow truck pushing snow from the street and onto the sidewalk. If the sidewalk is impassable, the pedestrian may need to walk in the street to continue forward. Pedestrians are instructed to stay on the edge of the road, so as to avoid vehicles. In this scenario, determining fault after a vehicle-pedestrian accident can vary:

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Youth Football Causes Risk of Long-Term Brain InjuriesIllinois lawmakers have proposed legislation that would ban tackle football for children younger than 12. While youth football has always included inherent risks for its participants, the motivation for the proposed law is the increased attention given to the traumatic brain injuries that can develop after repeated head collisions. By the time that they are in their 20s, some former youth football participants have already been diagnosed with chronic traumatic encephalopathy, a degenerative brain disease. The most tragic cases have resulted in these young men committing suicide or dying due to reckless behavior. Unfortunately, those who suffer from football-related injuries such as CTE do not always receive personal injury compensation. Illinois’ courts have a high standard for holding people or sports organizations liable for football injuries.

Assumed Risk

Illinois courts apply a contact sports exception to personal injury cases involving football injuries. Players, coaches, and organizations are not liable for ordinary negligence that leads to injuries. There is an inherent risk of injury that comes with playing tackle football, and players who voluntarily participate are assumed to have accepted the risk. Often, parents are required to sign a liability waiver before allowing their children to play. However, a party may be liable for a contact sports injury if he or she shows reckless negligence or willful misconduct. Examples may include:

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Six Ways Insurance Companies Avoid Personal Injury ClaimsSeeking compensation for your personal injuries after an accident should start with exploring your insurance options. You can file a third party personal injury claim if someone else was at fault for your injuries. Illinois law requires all drivers to carry auto insurance that includes at least $40,000 for bodily harm. Unfortunately, any insurance company that you deal with is likely to resist giving you the injury compensation you need. It does not profit them to award all of the claims they receive. Claims adjusters are trained to spot weaknesses in your claim that may allow them to deny coverage. Here are six ways insurance companies will try to deny or undervalue your personal injury claim:

  1. Questioning Delayed Action: If you do not seek immediate medical attention, an insurance company may doubt the validity of your injury claim. Waiting a couple of days to get examined suggests that your injuries were not serious or urgent.
  2. Citing Lack of Evidence: With a third party claim, the insurance company will want proof that its client was at fault for the accident. If you cannot provide independent witnesses or an official police report, the company may claim that you have failed to prove fault.
  3. Shifting Blame: After investigating the accident, a third-party insurance company may accuse you of being at fault. If the company proves your fault, it would shift the liability onto your own insurance.
  4. Using Your Words Against You: The strongest evidence against your insurance claim is if you admit to fault for your accident. A representative with the insurance company will try to catch you unprepared for an interview, hoping that you will unintentionally say something that can be held against you.
  5. Doubting Your Injury: The insurance company will look for any reason why your injuries should not be covered. This may include claiming that you have exaggerated the extent of your injuries or that you had a pre-existing condition.
  6. Making a Low-Ball Offer: If the insurance company does not believe it can legally deny your claim, it may preemptively offer a settlement that is lower than what it expects it will be liable for in court. A company representative may pressure you to accept the offer by claiming an artificial deadline.

Dealing with Insurance Companies

You should consult with an attorney before discussing your personal injury claim with an insurance company. A McHenry County personal injury attorney at Botto Gilbert Lancaster, PC, can advise you on what to say to the insurance company and what evidence you need to gather. If the insurance company denies your claim, you may need to take it to court or file a personal injury lawsuit against the party at fault. Schedule a free consultation by calling 815-338-3838.

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Governments Not Liable for Injuries on Nature TrailsGovernment entities and employees in Illinois have greater than normal protection from personal injury lawsuits in cases of premises liability. In most cases, the plaintiff will need to prove willful and wanton conduct by the government entity in order to receive damages. However, local governments are immune from all liability when an injury occurs on a natural trail, even if willful and wanton conduct is involved. Thus, it is crucial to differentiate between nature trails and other recreational trails in personal injury cases.

Understanding the Law

Illinois’ Local Governmental and Governmental Employees Tort Immunity Act defines what liability local governments hold when injuries occur on public property. The law provides immunity to local governments for injuries caused by the condition of any natural hiking or riding trails used to reach areas for:

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