Mass Shootings and a Victim’s Right to Pursue Compensation

Web Admin - Monday, December 04, 2017

Illinois personal injury lawyersAlthough the United States is home to just 5 percent of the world’s entire population, it is the location of 31 percent of all mass shootings. In fact, statistics indicate that at least one event occurs each month. Depending on the details of the situation, victims and surviving families may be owed compensation after a mass shooting. Learn more, and discover how an experienced attorney can assist with help from the following information. 

A Closer Look at Mass Shootings

Mass shootings can occur in any space, including private homes, but the majority (an estimated 73 percent) happen at business establishments. Schools, including colleges, come in a close second. When staff or management of these places act negligently, perhaps by not properly training their employees to handle a mass shooting or by not ensuring the fire exits are free and clear to ensure that their patrons have a safe and clear way to escape, they may be held liable.Sadly, when victims attempt to pursue compensation on their own, they are at a massive disadvantage – and not just because they are trying to cope with the grief of a loss or the upending of their life after an injury. Businesses often have teams of lawyers to represent them, and most schools are agents of the federal government, which dramatically complicates the process for pursuing compensation. Thankfully, victims do not have to face the process alone. 

How an Attorney Can Help You Pursue Compensation

Victims may not be required to have an attorney while pursuing compensation after a mass shooting, but the aid of one is highly encouraged. Able to protect your rights and best interests in a mass shooting lawsuit, an attorney can negotiate a fairer settlement for you and your loved ones while also increasing your odds of a positive outcome. Another major benefit for victims who hire an attorney is that they can handle all the legal aspects of the case. This can give the family more time to heal and grieve the losses and injuries they have experienced. 

Contact Our Rolling Meadows Personal Injury Lawyers

If you or someone you love has been a victim of a mass shooting, do not delay. Contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Dedicated and experienced, our Rolling Meadows personal injury lawyers personal injury lawyers can examine your case, explain your options, and aggressively pursue the most favorable outcome possible. Start by scheduling a personalized consultation. Call our offices at 847-934-6000 today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Premises Liability

Web Admin - Friday, November 13, 2015

premises liability, Crystal Lake Personal Injury Attorney Premises liability allows a person who lives on or visits another person’s property to recover for injuries sustained while on the property, if the owner was negligent. A property owner has a duty to keep the premises or property in a reasonably safe condition. A property owner may be negligent in several ways, including allowing a sidewalk to become icy or a liquid spill to be left in the aisle of a store. 

Hurt on Another Person’s Property 

Traditionally, an invitee was owed the highest level of care. An invitee is a person invited to enter or remain for the commercial benefit of the property owner. This includes a person entering a store to shop or a tenant renting an apartment or house. 

As opposed to an invitee, a licensee is someone who has permission to be on the property, but who is there for his or her own personal purposes and not for business purposes. Guests at a party or family members with an open invitation to visit are considered invitees. Under common law, a lesser standard of care was provided for licensees than was provided for invitees. 

Under Illinois law, the common law distinction between invitees and licensees, in regard to the duty owed, is no longer recognized. Instead, an owner of property owes all entrants a duty of “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” In order to impose liability on an owner or possessor of property, a person injured while on the property of another must establish that the owner: 

1. Knew or in the exercise of ordinary care should have known of the dangerous condition and should have realized that it involved an unreasonable risk of harm;

2. Should have anticipated that the entrant would not have discovered or been aware of the danger, or would not have taken precaution against it; and

3. Failed to exercise reasonable care in providing protection against the danger. 

Importantly, trespassers are not provided the same protections as entrants who have express or implied consent to be on the property. Generally, owners or possessors of property only need to avoid willfully or wantonly injuring trespassers. Willful conduct involves an actor having actual knowledge of the danger of the act being performed in conjunction with a conscious failure to avoid the injury. A wanton act is one that is performed with a reckless indifference to the potential for harmful consequences. 

Helping Victims 

If you have been injured while you were on the property of another person, it may be possible for you to recover damages from the owner. For more information, contact a skilled Illinois personal injury attorney today. Our firm represents individuals throughout the northwest suburbs, in communities such as Crystal Lake, Palatine, Schaumburg, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



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