Travel Related Injuries
Sustaining an injury is never a part of the plan while you’re on a personal or work-related trip. Unfortunately, it happens and when it does you want to be prepared. If your injury was caused by another’s negligence, you could be entitled to payment for your damages. The award should cover all costs associated with your injury including your medical bills, rehabilitation costs and additional expenses.
It’s highly recommended you get in contact with an experienced personal injury lawyer before filing a claim. Your attorney can assess your case to see what the best course of action is. They can also collect evidence, file your claim and litigate for you if necessary. If you’ve been injured on a work or personal trip, it’s imperative you secure quality legal representation.
Personal Injury Attorney for Travel Injuries in Chicago, Illinois
Traveling can be incredibly stressful, but when you’re injured it becomes a nightmare. You may be stranded waiting for medical care, have huge hospital bills and miss work as a result. That is why it’s highly recommended you seek an experienced personal injury attorney to represent you.
A great option is to call Susan E. Loggans & Associates, a group of reputable attorneys who have a special focus in personal injury. Our lawyers have been practicing for years and can utilize our skills to your advantage. Contact us now at (312) 201-8600 for efficient and effective representation today.
Susan E. Loggans & Associates accepts clients throughout the greater Cook County area including Chicago, Des Plaines, Evanston, and Schaumburg.
Overview of Travel Related Injuries in the U.S.
- Common Accidents for Travelers in Illinois
- Negligence in Personal Injury Law
- Understanding Jurisdiction with Personal Injury
- Filing a Claim for Tourist or Traveler Injuries
- Additional Resources
Common Accidents for Travelers in Illinois
It’s no secret Americans love to travel. A report by the U.S. Travel Association revealed domestic travelers spent nearly $933 billion in the United States in 2018. This doesn’t even account for people who travel for business. The report revealed that 7.1 percent of the total private industry employment in the U.S travels regularly for work.
Tourists and traveling business people tend to be injured while at their hotel or while they are seeing the “sights” of the city. Because of that, travelers are at a higher risk for accidents that locals may not be. Some of these accidents include:
- Slip and Falls – Hotel and other overnight establishments have a duty to keep walkways and floors safe for their guests. In some cases, a hotel may fail to maintain their premises and an injury occurs because of it.
- Hotel Elevator Accidents – Most hotel guests use an elevator daily to get their rooms. If the doors aren’t working properly or the elevator itself isn’t in working order, an injury-inducing accident could occur.
- Amusement Park Ride Malfunctions – Tourists will sometimes visit an amusement park as a part of their vacation. Owners and amusement park operators are trusted to maintain their equipment so they can avoid any injuries. If they fail to do this, an accident causing serious injury could occur.
- Inadequate Hotel Security – Hotels must take measures to keep their guests safe from criminal activity. If a hotel has inadequate security, you could be a victim of a crime such as theft or assault.
- Swimming Pool Accidents – Most hotels have a swimming pool and if an accident occurs the operator could be liable because safety standards weren’t met.
- Car or Taxi Accidents – You may rent a car or use a taxi to navigate the city while you’re traveling. If another person’s negligence causes an automobile accident, then you could sustain an injury as a result.
- Food Poisoning – Trying new foods is a part of the traveling experience. However, when a food establishment sells spoiled or contaminated food you could have food poisoning or another illness because of it.
What is Negligence?
Personal injury cases are based on the grounds of negligence, which is when a person fails to behave with the same level of care that someone with ordinary prudence would. Normally, a person is negligent because of their actions. However, negligence can include not acting at all in a situation where there is substantial risk.
For example, if you were traveling to another state and were injured because of an elevator malfunction, then the hotel you stayed at would be considered negligent. This is because the hotel failed to warn you of any elevator hazards, didn’t conduct regular elevator inspections or didn’t repair the issue in a timely manner. No matter the circumstances, all of these would be considered negligent actions because a prudent hotel operator or company would ensure their elevator was hazard free.
Understanding Jurisdiction with Personal Injury
Jurisdiction is a legal term for where your case will be handled. Usually, your case will be handled in a jurisdiction that has authority over the defendant. A case cannot move forward until a personal and subject matter jurisdiction is established.
Personal jurisdiction is when the court has the right to make a decision regarding the defendant. On the other hand, a subject matter jurisdiction is when the court has the right to make a decision regarding the specific type of claim.
When you’re traveling jurisdiction can get complicated. You will likely need to file a claim in the same jurisdiction connected to the accident and the party at fault. For example, if you traveled to Chicago and were injured there, then your case’s jurisdiction will likely be in Illinois. This means you could be from one state but have an ongoing personal injury case in another state.
Filing a Claim for Travel Related Injuries
Your first step to filing a claim for your injuries is to send a demand letter to the party at fault. The letter should state why the defendant is liable and a demand for compensation. If the letter is contested, you will then need to draft and file a legal claim. It’s highly recommended you hire an attorney to help you throughout the case. Personal injury can be a confusing sect of law if you have no legal background.
Before the trial, you and your lawyer will need to collect evidence proving that the defendant’s negligence caused your injury. You can do this by hiring an attorney to collect financial records, medical records and get depositions from expert witnesses. You will also be allowed to obtain evidence from the opposing party, which is also known as the discovery phase.
During discovery, your attorney can request evidence from the defendant and vice versa. This is a good way to evaluate the opposing party’s case before the trial begins. After the discovery phase is over, you will then have a mediation or trial scheduled.
Mediation is an informal proceeding where both parties attempt to find a resolution for their civil issue. It’s overseen by a mediator who is usually a former or current judge. A mediation agreement has the same power as a court order, so some choose it over trial because it is much more cost effective.
However, in some cases trial is inevitable. If this happens, you will have to present evidence to the jury that:
- The defendant was required to uphold a duty of care;
- They knowingly or intentionally breached this duty;
- You were injured because of their actions; and
- You suffered as a result of the injury
You’ll be granted compensation for your injuries if you win your case. The award will cover all your “damages,” which is a legal term for losses you’ve experienced because of your injury. The losses don’t have to be purely financial either. Your settlement may cover emotional losses such as pain and suffering.
The following are some damages your settlement could cover.
- Medical expenses;
- Vehicular repairs;
- Lost wages;
- Loss of future earnings;
- Rehabilitation costs;
- Loss of consortium;
- Pain and suffering; and
- Loss of quality of life
Travel Facts and Figures – Visit the official website for the U.S. Travel Association to learn more about their travel facts and figures. Access the site to learn more about overseas tourism, travel and trade, domestic travel, and how travel creates jobs.
Traveler’s Health – Visit the official website for the Centers for Disease Control and Prevention (CDC) to learn more about health related to traveling. Access the site for the latest updates on travel-acquired illnesses such as yellow fever or the Zika virus as well as advice for vaccines to take before traveling.
Tourists and Traveler Lawyer in Cook County, Illinois
Have you been injured because of your recent travels? If so, you could be entitled to compensation based on your injuries. To learn more, call the attorneys at Susan E. Loggans & Associates. Our personal injury lawyers can assess your case to see if you’re eligible for a monetary settlement.
Call us now at (312) 201-8600 to schedule a free consultation. Susan E. Loggans & Associates has years of experience and can use our skills for your case. We accept clients throughout the greater Chicago metropolitan area including Evanston, Schaumburg, and Des Plaines.
This article was last updated on May 31, 2019.