What to Do If You Are Injured By a Drunk Person in Chicago?

Illinois Dram Shop Law

Intoxicated individuals often behave in ways that put others at risk. This may be from climbing behind the wheel of a car, staggering into another person, and knocking them down or instigating a fight that causes harm to innocent bystanders. To dissuade bartenders and tavern owners from serving alcohol to visibly impaired and/or underage patrons, Illinois Dram Shop Laws.

By holding bar owners partially responsible for damages caused by the careless or intentional actions of their intoxicated patrons, Illinois hopes to reduce alcohol-related injuries and deaths in Chicago and throughout the State.

What Is Dram Shop Liability?

Dram shop liability is a legal liability imposed on anyone who provides alcohol to someone who is already clearly intoxicated or who is too young to legally consume alcoholic beverages. However, unlike many states, Illinois does not require that the bar serve an obviously drunk patron before you have dram shop liability case. As soon as an establishment serves a patron their first drink, it has made the owner/operator partially responsible for any injuries or damages that patron might cause.

$68,777.44 per person in the case, and is limited to $84,061.32 for loss of means of support or loss of society resulting in the injury or death of any person. In dram shop liability, loss of society can include loss of:

A patron who becomes intoxicated at a tavern, then drives drunk and causes a car wreck that injures or kills someone is the typical example case of dram shop liability. Here is a subtler example of dram shop liability:

Beth has a few drinks with her friends, then heads to a Chicago bar. Beth does not appear to be obviously drunk and is served more alcohol. Beth later gets up to use the bathroom and staggers into another patron causing them to fall and break their arm.

This patron not only has a case against Beth, but potentially against the bar. Even if Beth never showed any signs of being intoxicated, because the bar served her, the owner/operator may be partially liable for the injury she caused.

Dram shop laws vary by state, with a handful of states that do not have any type of dram shop liability and a few others, like Nevada, that only impose dram shop liability when the intoxicated person was a minor at the time of the incident. Dram shop laws in Illinois are very strict and hold bar owners responsible whether the intoxicated patron is an adult or a minor.

Illinois Dram Shop Laws

Under the Illinois Dram Shop Act, also known as the Liquor Control Act of 1934, owners of any establishment that sells liquor can be held financially responsible for physical injuries and property damage caused by a person who became intoxicated at their establishment.

The amount of damages you can seek is limited by statute, whichvaries by year. As of January 20, 2018, recovery for personal injury or property damage shall not exceed

  • Companionship
  • Assistance
  • Protection
  • Guidance
  • Education

Illinois dram shop laws include a one-year statute of limitations, which means claims not started within a year of the date of the incident shall be barred. Laws also bar intoxicated adults from seeking damages for their own injuries. However, because it is illegal to serve alcohol to minors, dram shop liability is even more strict, and the tavern owner/operator may face penalties for injuries suffered by the intoxicated minor, as well as anyone injured by said minor.

Unlike dram shop liability, social host liability for alcohol-related accidents is very limited in Illinois. While the injured person can still bring a suit against the intoxicated individual who caused the accident, they likely will not be able to succeed in an action against the  person serving alcohol at a party in their home, unless the intoxicated person was under 21.

We Know Illinois Dram Shop Laws

In a wreck? Need a check?™ If you have been injured or lost a loved one in a drunk driving accident or any other accident caused by an intoxicated person, contact an Illinois personal injury law firm well versed in Illinois Dram Shop Laws. Glen Lerner Injury Attorneys brings experience, skill, and passion to your case. We offer free consultations and there are no fee unless we win your case. Visit our office from 8:00 a.m. to 5:00 p.m., use our convenient online LiveChat, or contact us 24/7 at 708-222-2222.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Ways to Avoid Injury Accidents on Valentine’s Day During Cold Weather

Valentine’s Day During Cold WeatherChicago, like the entire Midwest, is often ravaged by severe winter storms each year. February is a common month to see inclement weather, including tremendous amounts of snowfall, potentially mixed with freezing rain. Severe winter weather poses dangerous driving conditions and slip and fall situations.

If you and your sweetheart are planning a romantic night out to celebrate Valentine’s Day, Chicago personal injury lawyers suggest you postpone non-essential travel. Instead, celebrate the holiday at home in a warm, safe environment with romantic activities you can enjoy together.

Fun, Injury Free Valentine’s Day Ideas

There are tons of romantic ideas you and your mate can enjoy at home. Use your imagination or consider some of these ideas.

  • Throw a blanket on your living room floor and spread out some finger foods for an indoor picnic.
  • Host your own candlelit dinner, complete with fancy place settings, your favorite foods and a chilled bottle of wine.
  • Spend the day lounging in your pajamas, starting with a romantic breakfast in bed.
  • Plan a movie marathon with your favorite romantic flicks, snacks and drinks.
  • Try a new recipe and cook together while sharing a glass of wine and some romantic background music.
  • Share a cup of hot cocoa in front of a roaring fire or snuggle up together with your mugs of cocoa under a blanket in front of a window to watch the snow fall.
  • Clear some space in your living room, put on some romantic tunes or a playlist meaningful to you and your sweetie and dance the night away.
  • Pull out your photo albums or home videos and relive some of your most romantic moments together.
  • Unwind with a relaxing bubble bath for two, light some candles, play some soothing music and enjoy a glass of wine while soaking together.

Extreme Chicago Weather

February 2018 has been especially hazardous with winter weather advisories issued for much of northern Illinois. If you must travel, leave yourself plenty of time to get where you are going and make sure you have an emergency kit in your vehicle at all times. Be aware that weather-related car crashes have already occurred throughout the Midwest, including some fatal collisions.

Severe weather not only has caused snarled highways, it has also canceled hundreds of flights at Chicago’s O’Hare International Airport and caused many school closings. When the schools are closed, Chicago personal injury lawyers also advise you to watch for children out sledding, building snowmen and having snowball fights.

With up to 17 inches of snowfall around the Chicago area, Public Works crews and contractors have been working hard on snow removal operations. Residents shoveling walkways to prevent slip and fall accidents are cautioned to do so with care. One man in his 60s has already died following a heart attack while shoveling snow in Naperville, just west of Chicago.

Hire Top Chicago Personal Injury Lawyers

In a wreck? Need a check?™ If you have been injured in a car accident or slip and fall mishap on Valentine’s Day or any time, contact the Chicago personal injury lawyers at Glen Lerner Injury Attorneys. Our office is open 8:00 a.m. to 5:00 p.m., but we are available 24/7 at 708-222-2222, or use our convenient LiveChat online. We bring experience, skill and passion to your case, and offer free consultations and no fee unless we win your case.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Don’t Let Your Romantic Night Turn Tragic – Don’t Drink and Drive on Valentine’s Day

Las Vegas ValentinesValentine’s Day is your chance to enjoy a romantic afternoon or evening with your sweetie. You can head on out to a fancy restaurant, enjoy a delicious dinner, take in a show, or stroll around town with your significant other. What seems like a perfectly romantic night can quickly turn into a tragedy if you cross paths with a drunk driver. It is even possible for you or your sweetie to drink one too many drinks and get behind the wheel, only to cause an accident.

If you are involved in such an unfortunate event and suspect it is even partially the fault of another person or institution, reach out to our Las Vegas personal injury lawyers right away.

Our attorneys put together the following Valentine’s Day activities for you and your honey to enjoy that do not involve drinking and driving.

Stay in This Valentine’s Day for Game Night

You can stay perfectly safe indoors playing games with your sweetie this Valentine’s Day. The best part is you can drink all the alcohol you want without having to worry about navigating through traffic and making it to the restaurant on time. Play video games, board games, or virtual reality games in your living room with your significant other for a unique and fun Valentine’s Day.

Hike at Red Rock Canyon

Head on out to Red Rock Canyon this Valentine’s Day, enjoy a hike, and take some snapshots of the beautiful desert scenery around you. You might spot blooming cacti, jackrabbits, road runners, and other interesting wildlife. You will take in gorgeous views of the surrounding mountains while soaking up the sun and enjoying quality time with your sweetie.

Enjoy an Indoor Picnic

Take the day off from work, plan an elaborate picnic to enjoy in your living room or backyard, and dig in with your sweetie. You can set up a picnic with sandwiches, crackers, cheese, wine, champagne, finger foods, and whatever other treats the two of your love.

Visit Lake Mead NRA

Rent a boat or borrow one from a friend, spend the afternoon on Lake Mead, and this Valentine’s Day will prove unforgettable. You will enjoy the peaceful water with your honey while sipping champagne and enjoying one another’s company. If you plan on drinking before or after your visit to Lake Mead or any other Valentine’s Day outing, be sure to coordinate the services of a designated driver. If you endure any sort of injury this Valentine’s Day, or at any other time, contact our law firm for assistance.

Las Vegas Personal Injury Lawyers are at Your Service

If you are injured due to another person or institution’s failure to provide due care, also known as negligence, it is time to take action. Our Las Vegas personal injury lawyers can help obtain justice including financial compensation. You should not have to pay for vehicle damage, injuries, medical care, and lost time at work simply because another person got behind the wheel after drinking or using drugs.

Reach out to us today to schedule an initial no-cost consultation. There is no fee unless we win your case. You can reach us by dialing (702) 877-1500. Our office hours are 8:00 a.m. – 5:00 p.m. yet we are available 24 hours a day, 7 days a week to take your call. You can also contact us through our website’s convenient LiveChat feature.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

When Can You Seek Compensation for Pain and Suffering in Nevada?

Compensation for Pain and Suffering in NevadaAre you in pain from being injured in a car accident in Las Vegas and not sure what to do next? If so, you may find yourself asking whether or not you should just try to forget about it and “get past it,” or if you should pursue compensation to which you may be entitled?

In many states, accident injury victims are eligible to seek fair compensation for their pain and suffering.

“Pain and suffering” is a legal term that includes physical and emotional problems that have occurred as a result of an accident or injury.

Some claims for damages include:

  • Aches;
  • Activity limitations;
  • Depression;
  • Potential shortening of life; and,
  • Scarring.

Physical problems resulting from accident or injury are often easily defined, but many people ignore the signs of mental anguish. Mental distress can include:

  • Anger;
  • Anxiety;
  • Depression;
  • Humiliation;
  • Loss of appetite;
  • Mood swings;
  • Sexual dysfunction;
  • Shock; and,
  • Sleep problems.

Nevada Pain and Suffering Laws

In Nevada, personal injury attorneys can assist pain and suffering victims seek compensation by proving comparative negligence (when someone else is more at-fault for your accident than you) under Nevada Revised Statute 41A.035.

Here are four of the questions you may be asked about your pain and injury claim by an attorney:

  • Has the injury affected relationships at home or at work?
  • Is your daily routine changed and limited because of your injury?
  • What lifestyle changes have occurred; are you having trouble sleeping or do you have loss of appetite?
  • Will this injury leave lasting damage or scars to you or impact your lifestyle?

Nevada Pain and Suffering Laws Have Time Limits

The state of Nevada also sets a time limits for personal injury lawsuits; they must be filed within 2 years after the date of the injury or accident. That time limit is known as the “statute of limitations.” If you wait too long, the court will reject your case.

Some Injuries Involve ‘Shared Fault’

In some cases, your claim for pain and suffering damages is partly your fault. A finder of fact may decide that you were a certain percentage at-fault and the person(s) or company that caused the injury is another percentage at-fault. Here’s a good example:

You are crossing the street and you are hit by a driver. But you were crossing the street when the “Don’t Walk” light was flashing. The court may find you 45% at-fault and the driver of the car 55% at-fault. So the damages may be $10,000, but because you are 45% at-fault, your damages could be reduced by $5,500.

In a Wreck? Need a Check?

To navigate the complexities of Nevada Pain and Suffering Laws, you need an attorney who genuinely cares about your situation but who also has the experience, skill, and passion to represent you successfully.

Glen Lerner Injury Attorneys’ Las Vegas legal team is is available 24/7 to help you. Our office is open 8:00 a.m.-5:00 p.m., but our Live Chat representative is available when you need to connect! And to prove Glen Lerner Injury Attorneys is invested in you, consultations are free and there is no fee unless you win. Call (702) 877-1500 or contact us now, because time is money and it’s time to end your pain and suffering.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Can I Get Compensation for Pain and Suffering in Illinois?

Compensation for Pain and Suffering in IllinoisWhen you have been hurt in a car accident and another person is at fault, you may be entitled to compensation. Whether you make an insurance claim or file a lawsuit, you may be granted economic damages and non-economic damages for your pain and suffering. There are no strict “rules” for putting a dollar amount on non-economic damages, but in most cases, you should receive some form of compensation. A personal injury attorney experienced in Illinois “pain and suffering” damages can help ensure you receive a fair settlement.

What is Pain and Suffering?

In Illinois, pain and suffering can be defined as the physical and emotional distress that resulted from a physical injury. While damages for medical bills, lost income and other out-of-pocket expenses directly tied to your injury fall under economic damages, pain and suffering falls under the category of non-economic damages. In an automobile accident claim, non-economic damages are often controversial, because they are somewhat subjective, and not easily defined or quantified. However, in most personal injury cases, some amount is usually recovered for pain and suffering. While this amount varies depending on many factors, it is often a substantial part of your overall damage claim.

Measuring Pain and Suffering Damages

Illinois pain and suffering laws operate under the state’s tort liability system, which governs how claims are litigated. Basically, this system allows a jury to decide the amount of damages you are awarded. The jury evaluates the monetary amount requested for each item listed in your claim and determines whether the amount is reasonable. Often cases are settled outside of court and an insurance adjuster or defense attorney will make an offer to settle based on an evaluation of many factors. Having an experienced personal injury attorney that has handled thousands of cases will help ensure that your interests are protected and that you receive a fair settlement.

While an evaluation may be pretty straight forward for economic damages, putting a monetary value on your pain and suffering is more challenging. This task is made more difficult, because there are no scientific formulas to utilize and pain and suffering does not affect everyone the same way. Thus, a jury, or an insurance adjuster if you are settling out of court, may use relevant factors to assign a value to your claim, including:

  • the nature of your injuries
  • any impairment or permanent injury caused by your injuries
  • how your pain might affect your daily life
  • any disfigurement caused by your injuries
  • the impact your pain might have on job performance
  • loss of ability to perform your usual leisure activities
  • the amount of medical treatment your injury required or may require in the future
  • any lingering pain or discomfort you might suffer due to the injury
  • pre-existing conditions that might have been aggravated by the injury

Pain and Suffering Limitations

In Illinois, there are no restrictions on who can or cannot file a personal injury lawsuit that may include pain and suffering damages, but there are certain limitations. The biggest limitation arises from Illinois’ modified comparative negligence rule, which states that if you were found to be more than 50% responsible for causing the accident/injury, you are barred from seeking any form of recovery, both economic and non-economic. You are not barred, if you were less than 50% at fault, but any damage award you receive is diminished in proportion to your percentage of fault.

Some states also place limits on the amount of money you can receive for pain and suffering, but the Illinois’ Supreme Court ruled that caps on pain and suffering damages are unconstitutional.

Hire a Top Illinois Personal Injury Attorney

Every individual is unique in how they experience pain and suffering, so it is inherently difficult to place a price on your non-economic damages. To ensure you receive a fair settlement, put your case in the highly capable hands of Glen Lerner Injury Attorneys. We bring experience, skill and passion to your case and fully understand Illinois pain and suffering laws. We offer free consultations and there is no fee, unless we win your case. In a wreck? Need a check?™ Visit our office from 8 AM to 5 PM, use our convenient LiveChat online or give us a call 24/7 at 708-222-2222.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.