Why is causation so difficult to prove in personal injury?

Causation is hard to prove because negligence and injury aren’t enough on their own. You have to link the two, and the link is where the argument usually lives: the defense will often accept that you’re hurt and dispute that they caused it. Sometimes the connection is obvious. Often it isn’t, because existing conditions, earlier…

What information does the black box of a truck record?

A commercial truck’s black box can record speed, braking, engine operation, location, and the hours the driver spent behind the wheel. The data stored varies from truck to truck because federal rules don’t require these devices on heavy trucks or standardize what they capture. That variation is the reason the question matters after a serious…

Can you sue someone after settling with their insurance?

Usually not, at least not the same party. Accepting a settlement almost always means signing a release, and that release ends your legal action against whoever it names. What it doesn’t automatically end is a claim against someone else who shares responsibility, or a claim under your own policy. A settlement can feel final very…

Liability for catastrophic sports & recreation injuries

When a sport or recreational activity leads to a catastrophic injury, like a spinal cord injury, a traumatic brain injury, or worse, one of the first questions is who, if anyone, is legally responsible. That answer depends on a few different factors. Some serious injuries are an unfortunate part of an activity everyone knows carries…

When a mechanical failure causes truck accidents

When a mechanical failure causes a truck accident, figuring out why the part failed can reveal whether someone is legally responsible. Worn brakes, damaged tires, steering problems, and defective parts can sometimes be traced to poor maintenance, inadequate inspections, or a product defect. A big rig is only safe when its critical components are properly…

Third-party liability in truck accidents

Third-party liability in truck accidents means that someone besides the truck driver, like the trucking company, a parts manufacturer, or a cargo loader, may share responsibility for a crash. Because so many people and companies are involved in getting a truck on the road, more than one party can be on the hook for your…

Understanding the Montgomery v. Caribe Transport II Decision for Illinois Truck Accident Victims

Truck accident cases often involve more than just the driver behind the wheel. Depending on how a shipment was arranged, multiple companies may have played a role in putting that truck on the road. A recent unanimous decision from the U.S. Supreme Court has clarified an important question about when one of those companies (a…

Understanding third-party liability on construction sites

Third-party liability on a construction site means that someone other than your employer, like a general contractor, subcontractor, or equipment manufacturer, may be held responsible for your injury. That matters, because it can open the door to compensation beyond what workers’ compensation pays. Construction sites are dangerous, with countless hazards and just as many parties…

Why would a personal injury attorney deny a case?

Many personal injury attorneys work on a contingency basis, which requires them to carefully consider the claims they take on, and they will often decline a case if they are not confident they can recover adequate damages. An Aurora personal injury lawyer at Horwitz, Horwitz & Associates understands how frustrating it can be to have…

How to choose a motorcycle accident lawyer in Chicago

To effectively choose a motorcycle accident lawyer in Chicago, accident victims typically need to research law firms to learn more about their experience and track record in similar cases. A motorcycle crash is different from a car or truck accident, since the injuries can be much more severe. A Chicago motorcycle accident lawyer from Horwitz,…