Mediation -
Mediation attorneys deal with mediation (one of the
two most common methods of
Alternative Dispute Resolution (ADR), with
Arbitration being the other).
Mediation is one of
the less formal alternatives to
litigation that involves impartial third party or panel (normally one or
more licensed mediation attorneys trained in negotiations) that intervenes to
promote the resolution of the dispute or grievance. The
mediation attorneys
help parties involved to resolve their dispute outside of the federal and state
judicial systems through mediation rather than litigating
it in court.
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Automobile Accidents - Car accidents are a fact of life. They happen
every day in Illinois. In fact, the U.S. Department of Transportation recently
reported that over 2.7 million people suffered injuries as a result of highway
vehicle crashes on U.S. highways in 2004 alone. If you’ve been in a car accident
and are looking for information about how to assess your rights and
responsibilities and where to go for help, you’ve come to the right spot.
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Personal Injury Law
- Personal injury is the name given to the branch of tort law that covers
any wrong or damage done to another in his person, property, rights, or
reputation. A personal injury can happen at work, in a traffic accident, because
of a faulty product or a faulty repair, because of a mistake during medical
treatment, or because you slipped and fell on a wet floor or pavement. The
injury can be physical or psychological but, to be considered actionable, it
must occur due to the negligence or unreasonably unsafe actions of your
employer, a manufacturer, your doctor, your landlord, or some other person or
organization who owes you a duty of ordinary care. Examples of personal
injury causes of action include professional malpractice, wrongful birth,
wrongful death, liable, slander, trespass, and nuisance.
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Slip and
Fall - A "slip and fall" or "trip and
fall" is the generic term for an injury which occurs when someone slips, trips
or falls as a result of a dangerous or hazardous condition on someone else's
property. It includes falls as a result of water, ice or snow, as well as abrupt
changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to
see hole in the ground.
If you are on someone else's property and injure yourself as a result of a
dangerous condition on the property, the land owner or business proprietor may
be liable for your injuries. If you are a property owner and someone injures
himself on your land, you may find yourself legally responsible for his or her
injuries.
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Wrongful
Death - A wrongful death lawsuit alleges
that the decedent was killed as a result of the negligence (or other liability)
on the part of the defendant's), and that the surviving dependents or
beneficiaries are entitled to monetary damages as a result of the defendant's
conduct.
Under "common law" (the general legal principles passed from England to the
United States over hundreds of years) this type of claim did not exist. It was
reasoned that the claim died with the victim, and the surviving family members
could not claim damages from the person who caused the victim's death. To
correct this injustice, the individual states have passed "wrongful death
statutes" over the years, and some form of wrongful death claim action exists in
all state jurisdictions today. While they all follow some general principles,
each state jurisdiction is unique, since each state has drafted its own form of
"wrongful death statute."
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Medical Malpractice - When
illness or injury forces you to see a physician or go to the
hospital, you can generally be assured that a medical professional's
years of experience and training will result in excellent treatment.
But in truth, medical care providers are only human, and errors are
always possible. Medical malpractice occurs when a negligent act or
omission by a doctor or other medical professional results in damage
or harm to a patient.
Negligence by a medical professional can
include an error in diagnosis, treatment, or illness management. If
such negligence results in injury to a patient, a legal case for
medical malpractice can arise against:
- The doctor, if his or her actions
deviated from generally accepted standards of practice;
- The hospital for improper care or
inadequate training, such as problems with medications or
sanitation;
- Local, state or federal agencies that
operate hospital facilities.
Medical malpractice laws are designed to
protect patients' rights to pursue compensation if they are injured
as a result of negligence. However, malpractice suits are often
complex and costly to win. Therefore, if you believe you have a
medical malpractice claim, it is important to consult with an
attorney who will discuss your case with you, and help you determine
your best options.
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Product Liability - Defective or dangerous
products are the cause of thousands of injuries every year in the
U.S. "Product liability law," the legal rules concerning who is
responsible for defective or dangerous products, is different from
ordinary injury law, and this set of rules sometimes makes it easier
for an injured person to recover damages.
Product liability refers to a manufacturer or seller being held
liable for placing a defective product into the hands of a consumer.
Responsibility for a product defect that causes injury lies with all
sellers of the product who are in the distribution chain.
Potentially liable parties include: the product manufacturer; a
manufacturer of component parts; the wholesaler, and the retail
store that sold the product to the consumer.
In general terms, the law requires that a product meet the
ordinary expectations of the consumer. When a product has an
unexpected defect or danger, the product cannot be said to meet the
ordinary expectations of the consumer.
There is no federal product liability law. Typically, product
liability claims are based on state laws, and brought under the
theories of negligence, strict liability, or breach of warranty. In
addition, a set of commercial statutes in each state, modeled on the
Uniform Commercial Code, will contain warranty rules affecting
product liability.
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Construction Negligence -
On a daily basis, construction workers must confront a dangerous work
environment. In recent years the law firm of Brian J. McManus & Associates, Ltd
has seen a surge of construction related accidents as contractors focus more on
the bottom line than workers safety. As a result, many construction workers have
lost their ability to pursue their trade. In these situations, it is often
possible to file a construction negligence lawsuit against a responsible
contactor or owner.
At Brian J. McManus & Associates, ltd., we often protect an injured construction
worker’s rights in two ways. First, because our practice is concentrated only to
workers’ compensation law and personal injury law, we will first file a workers’
compensation claim on the client’s behalf. The worker’s compensation claims are
generally quicker and less complicated to resolve than a lawsuit. If warranted,
Brian J. McManus & Associates, Ltd. will also file a construction negligence
lawsuit on behalf of the injured construction worker. Unlike the recovery in
workers’ compensation cases, construction negligence awards are not “capped” by
the government. In that regard, the compensation available maybe significantly
more to the injured construction worker and his or her family.
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Airline Employees Rights -
Brian J. McManus & Associates, Ltd over the past ten years has been
assisting United Airlines, Inc. flight attendants and pilots with their work
related injuries. United employees living as far away as Japan, Scandinavia and
Germany as well as all over the United States and South America have used the
expertise of Brian J. McManus & Associates, Ltd.
United Airlines flight attendants and pilots living all over the world are
able to have their work related injures prosecuted under the Illinois Workers’
Compensation Act. The reason United flight attendants and pilots are able to
bring their work related injuries under Illinois law is due to the fact that
they are hired and trained in Chicago, Il. Having the ability to pursue a
workers’ compensation claim in Illinois gives the United employee the right to a
lump sum settlement or award for the permanent loss that the employee sustained
to an individual body part.
Illinois is a liberal jurisdiction that provides excellent relief for injured
workers.
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Workers
Compensation - "Workers'
compensation" refers to a system of laws outlining specific benefits
to which injured employees are entitled, and the procedures for
obtaining such benefits. Every state has its own workers'
compensation laws, which are contained in statutes, and vary
somewhat from state to state. In addition, there are special
workers' compensation laws for employees of the federal government,
and still others for workers in specific types of industries such as
railroad employees.
Under the law in most states, every
business must have some form of workers' compensation insurance to
cover injured employees. Filing a workers' compensation claim is
similar to filing an insurance claim; it isn't a lawsuit against an
employer, but rather a request for benefits.
The Purpose and Effect of Workers'
Compensation Laws
Workers' compensation laws are designed to
ensure that employees who are injured on the job receive fixed
monetary awards, without having to litigate their claims against
their employers. In this way, workers' compensation is an important
safety net for employees when they are injured on the job or as a
result of their job.
Most workers' compensation laws also
provide employers and co-workers with a certain level of protection,
by limiting the amount employees can recover from their employers,
and prohibiting, in most cases, injured employees from suing their
co-workers. In essence, workers' compensation is a no-fault system,
where an injured worker's own negligence, or the negligence of his
or her employer or co-workers, is not put at issue; rather, the
injured employee is simply covered for his or her work-related
injuries.
Thus, workers' compensation is an injured
worker's "exclusive remedy" with respect to a work-related injury,
unless he or she can point to a third party who contributed to his
or her injuries. For example, because workers are often injured by
products or machinery they use at work, they may, and often do, seek
compensation from the manufacturers of such products.
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