Brian J. Graber, Ltd., represents clients in personal injury and wrongful death litigation in the Chicago Area. We represent clients in personal injury and wrongful death litigation in the following areas:
- Nursing home abuse and neglect;
- Vehicle crashes;
- Premises liability;
- Trucking crashes;
- Dram Shop;
- Animal attacks;
- Federal Employers’ Liability Act (FELA) – injury or death of railroad employees;
- Drug or Alcohol Impaired Minor Responsibility Act;
- Construction negligence.
Personal injury and wrongful death claims are usually litigated in the courts as common law negligence claims or with certain statutory causes of action like claims for nursing home abuse and neglect under the Illinois Nursing Home Care Act. Negligence claims require evidence that a person or business entity was at-fault for causing an injury or death.
Negligence claims require proof that the at-fault person or business caused an injury. Evidence of causation link between the actions of at-fault person or business resulting in the injury is usually proven with medical evidence.
Vehicle and Trucking Crashes
If you or a loved one have been injured or killed in a traffic crash, you need to get legal representation as soon as possible to protect your rights. Insurance companies representing the at-fault driver will do everything they can to limit your chances of receiving full and fair compensation for your injuries or the loss of a loved one.
If you or a loved one have been injured in a traffic crash contact Brian J. Graber, Ltd., at (312) 291-4648 for a free consultation.
Nursing Home Abuse and Neglect
Nursing homes usually place profits over the safety of nursing home residents that they agreed to care for. Brian J. Graber, Ltd., represents nursing home residents and their families in negligence claims and Illinois Nursing Home Care Act claims for injuries and death caused by:
- Physical Abuse;
- Sexual Abuse;
- Wandering and Elopement.
If your loved one was physically abused, sexually assaulted, or suffered an unexplained serious injury file a complaint with the Illinois Department of Public Health. Complaints against nursing homes can be filed with the Illinois Department of Public Health by phone (800) 252-4343, mail or fax (217) 524-8885. You can find the link to The Illinois Department of Public Health “How to File a Complaint” here http://www.dph.illinois.gov/topics-services/heath-care-regulations/complaints You may also want to call the police if your loved one was physically or sexually abused.
If your loved one suffered injuries or death in a nursing home, contact Brian J. Graber, Ltd., at (312) 291-4648 for a free consultation as soon as possible because nursing homes do cover-up evidence of abuse and neglect.
Dramshop claims are statutory claims for personal injuries caused by intoxicated customers of business serving alcoholic beverages. Dramshop claims are claims brought against bars and restaurants for serving alcoholic beverages to customers to the point of intoxication. Those intoxicated customers cause injury or death to some innocent person.
You may have a claim under the Dramshop Act if you were injured or a loved one was injured or killed by an intoxicated customer of a bar or restaurant. Call Brian J. Graber, Ltd., at (312) 291-4648 for a free consultation.
Premises liability claims arise when a person or business entity allows a dangerous condition to exist on their property that causes injury or death to a person who is invited onto the property. Premises liability claims arise when a business allows a condition to exist on their property that causes injury to the public they invite into their business. Common examples are customer slipping and falling on a substance the business allowed to remain on the floor. Other examples of premises liability would be big box stores improperly stacking products on high shelves that fall onto customers walking down aisles.
Generally, in Illinois there is no common law duty to protect others from criminal acts of third parties. However, in Illinois there is an exception to this rule when there is a special relationship between a property owner and the persons invited onto the property. There are four special relationships recognized that may require a property owner to protect persons from the criminal actions of third parties on their property. Those four special relationships are:
- Business inviter-invitee;
- and voluntary custodian-protected.
Assuming one of the above special relationships exist, the law may impose liability on a person or business entity in possession and control of property if the criminal act was reasonably foreseeable and they failed to take reasons action to prevent the criminal activity on the property.
Common examples of premises liability for criminal acts of third parties are when businesses like hotels or parking garages know criminals are entering their properties and committing crimes against their patrons and they fail to take reasonable actions to protect their patrons.
If you or a loved one were injured by the criminal activity on the property of a business contact Brian J. Graber, Ltd., at (312) 291-4648 for a free consultation about your rights.
Federal Employers’ Liability Act
Railroad employees who are injured in the course of their employment have a case of action against their employer under a federal statute called the Federal Employers’ Liability Act (FELA). A railroad employee has the burden of proving the following elements to recover under FELA:
- He or she was injured while engaged in the course of his/her employment by the railroad;
- The railroad violated the FELA;
- That the railroad’s violation of FELA caused, or contributed to the cause the injury or death.
If the railroad employee proves these elements the railroad has the burden of proving the railroad employee was contributorily negligent to reduce the railroad employee’s damages.
It is a violation of the Federal Railroad Safety Act for railroads who retaliate against employees for requesting medical treatment. The FRSA 49 U.S.C. 20109(c) provides broad protections for wrongful termination and adverse action.
If you or a loved one were injured in violation of the Federal Employers’ Liability Act, contact Brian J. Graber, Ltd., at (312) 291-4648 for a free consultation.