Personal Injury

The Very Real Danger of Synthetic Drugs

April 24, 2015 | Ed Manzke

Earlier this week, a federal criminal complaint was filed by prosecutors against a former smoke shop owner and her employee over the death of a young man who smoked synthetic marijuana purchased from the shop located within a west suburban mall. That young man was Max Dobner, an excellent college student, loyal brother, loving son, and fine young man who made the simple mistake of believing that this synthetic product purchased at his local mall was both legal and safe. If Max had any clue as to how dangerous this product was he would have never tried it. I can say this with confidence because our firm had the honor of representing Max’s family in a civil lawsuit for his wrongful death.

Tragically, and despite frequent news reports, the real dangers of these toxic and lethal products still go unrecognized by many. According to a press release issued this week by the American Association of Poison Control Centers (AAPCC), poison control centers throughout the United States have experienced a dramatic spike in calls related to exposure to synthetic cannabinoids. AAPCC reports that between January 1, 2015, and April 22, 2015 poison control centers have received 1,900 exposure calls from people experiencing adverse reactions to these drugs. This figure represents a fourfold increase over calls in 2014.

The sobering truth behind these statistics is that people still don’t understand the magnitude of the dangers these products present. According to Dr. Eric Wish, director of the Coordinating Center for the National Institute on Drug Use (NIDA), “[o]ur research shows that people are playing Russian Roulette with their lives because only the chemist creating the synthetic cannabinoid really knows what is in it.” The health effects from these drugs include inter alia: death, brain damage, permanent neurologic disorders, intense hallucinations, psychotic episodes, severe agitation, anxiety, and suicidal thoughts.

Automaker Fined $70 Million For Failing To Report Death and Injury Complaints

January 9, 2015 | Ed Manzke

Earlier this month, the Obama Administration announced a $70 million fine against automaker Honda. The fine–the largest civil penalty levied against an automaker–is in response to Honda’s failure to report to regulators death and injury complaints for over a decade between 2003 and 2014.

Among those complaints that were not reported were incidents of airbag failures manufactured by Japanese auto supplier Takata Corp. Takata-made airbags can rupture after a crash creating potentially fatal injuries to drivers and passengers.

This government action highlights the serious consequences to the American public of defectively manufactured automobiles. Each year, thousands of people are injured or killed as a result of unreasonably dangerous and defective cars, trucks, and motorcycles. Government action, like that taken against Honda, along with civil lawsuits against the manufacturers of defective automobiles work together to expose defective products, compensate those who have been injured or killed by these defective products and serve to improve future products and protect the public.

Uninsured and Underinsured Motor Vehicle Insurance: The Insurance No One Tells You About

October 24, 2014 | Ed Manzke

Imagine being involved in a serious motor vehicle accident that results in significant personal injuries, medical bills, and lost wages. Under these circumstances, you would be correct in assuming that the insurance company for the person who caused the accident and your injuries would be “on-the-hook” to compensate you for your losses.

However, what happens if the person who caused your accident had very little insurance or none at all?

Lately, I am encountering more and more clients who have been seriously injured in automobile accidents by negligent drivers with little or no insurance. Most drivers don’t think about the importance of uninsured (UM) and underinsured (UIM) motor vehicle coverage until it is too late. The UM and UIM coverage from your own automobile insurance policy can protect you from a situation where you have been seriously injured by someone with inadequate or no insurance coverage. A personal injury attorney can help you secure full compensation through your UM and UIM coverages.

Settlement Law Enacted – Timely Settlement Payments In Injury Lawsuits To Be Mandated By Statute

September 5, 2013 | The Collins Law Firm, P.C.

Effective January 1, 2014, 735 ILCS 5/2-2301 “Settlement” takes effect. In essence, this portion of the code of civil procedure is aimed at making sure that once a settlement is reached in a personal injury case (say, a car accident, slip and fall, medical malpractice case, wrongful death, or similar) the settlement is wrapped up quickly, with a timely payment to the recovering party. In the past, it was common for settling defendants to drag their feet in finalizing the terms of a settlement, or making the payment, as the plaintiff is often in a “limbo” state where the case is not going to proceed further, but they still have not received their compensation. This statute will end that practice. For example, the new section makes clear: A settling defendant shall pay all sums due to the plaintiff within 30 days of tender by the plaintiff of the executed release and all applicable documents… The full text of this new section of the code, which is very favorable to injured victims who brought personal injury suits to enforce their rights, can be found by clicking here.

Distracted Driving Special Alert – Court Rules People Outside A Car Can Be Responsible For Accidents Caused By Texting While Driving

August 30, 2013 | The Collins Law Firm, P.C.

Everyone knows not to text while driving, but sadly, many people do it all the time, which leads to car accidents and personal injury lawsuits. On this blog it has previously been discussed that a case is pending in New Jersey related to if someone not in a car can be responsible for the personal injuries of someone hit by a texting driver who was texting back and forth with them. Earlier this month a New Jersey court ruled on that issue: “We hold that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.” The court has spoken. This has the potential to drastically change the legal landscape for distracted driving injury lawsuits nationwide. However, for the time being, New Jersey is the exception. But, states across the country (including Illinois) continue to toughen laws related to cell phone use while driving and distracted driving in general. As personal injury lawyers who deal with the consequences of distracted driving have been saying for years, there is a simple way to solve this problem, use common sense when behind the wheel and stop looking at your phone and focus on the road ahead. The cure for this problem is simple; this is not curing cancer. If drivers would simply put down their phones and make driving the #1 priority when behind the wheel, the roads would be a safer place, the number of injuries and fatalities would drop, and this country could focus on much more difficult problems that need to be solved.

The “August Effect” – Medical Malpractice Anomaly Or Dangerous Time To Go To A Hospital?

August 23, 2013 | The Collins Law Firm, P.C.

Researchers around the world continue to look into what drives a dangerous issue in medicine: the “August Effect.” It has been found that the month of August is the most dangerous time for hospital patients, as morbidity and mortality rates seemingly increase in August. The concern is whether or not this is a malpractice issue related to junior doctors taking over more responsibility as the summer ends, due to residency and internship start and changeover times, or some other systemic problem. One study in England found that the cause of the “August Effect” was not junior doctors, but that possible likely factors are errors, poor prioritization, and omissions. This is a scary scenario and something that personal injury lawyers who handle medical malpractice cases are monitoring closely. Hospitals need to be a place where patients feel safe and are taken care of by qualified, skilled doctors, nurses, and administrative personnel. Patients cannot be the victims of budget cuts, overworked staff, or other issues that are not their fault. If you or a loved one has suffered an injury or bad outcome as a result of any type of medical negligence by a doctor, nurse, hospital, or other medical provider, you should contact a skilled personal injury attorney with experience in medical malpractice cases. The law in Illinois for medical malpractice matters is very technical and different from that pertaining to other personal injury matters, such as car accidents, slip and fall injuries, and the like. Only a qualified personal injury lawyer can properly advise you about a potential medical malpractice case.

Back To School Time Is Upon Us – Safety First

August 16, 2013 | The Collins Law Firm, P.C.

It’s time for the kids to go back to school. That means kids going to and from school houses, getting on and off school buses, and many more buses sharing the roads with traditional motorists. That also means more chance of car accidents, bus accidents, and personal injuries to children and adults. For children, this is especially true outside of buses, more so than on them, as children are far more likely to suffer a personal injury walking to school then they are riding a school bus. Most bus-related accidents involving children involve kids getting on the bus or off the bus. Because of this, it is important to be mindful of these big yellow vehicles on the roadways. The National Safety Council has put together a list of safety tips related to sharing the road with school buses. That list of injury prevention tips can be found by clicking here. It is not just buses that adults need to be aware of. Kids on foot and kids on bicycles heading to and from school should also be on everyone’s radar. Awareness is the best way to prevent a tragic personal injury from taking place. We all need to work to keep not only ourselves safe, but also those around us. If you or a loved one has been a victim of a personal injury in an accident that was the fault of someone else, contact a skilled personal injury attorney as soon as possible. Only a personal injury attorney can properly advise you of your rights with respect to what happened.

Not Texting While “Driving” – It Applies To Kids Too

August 8, 2013 | The Collins Law Firm, P.C.

By now everyone knows that distracted driving is a problem, and causes car accidents. Texting while driving is a big no-no, and there are numerous studies that document the number of personal injuries caused by drivers who were texting right before an impact. But, something you will notice more and more is distracted kids getting themselves into dangerous situations long before they can drive. Cell phones used to be solely the province of adults who had to take “business calls” on a moment’s notice. As time has passed, now everyone has a cell phone, including many young kids. The scary part of this is young kids on bikes, skateboards, scooters, and similar conveyances who are not only talking on the phone — but actually texting. Go near any school, playground, or place where kids hang out, and you will surely find a kid on a bike with a cellphone in their hand. Even scarier, watch that kid work their way towards a street crossing, and that cell phone is probably still in their hand. This puts those kids at risk of becoming an injury statistic. That child is at risk of not only getting hurt themselves but also causing an accident that could hurt others. Parents who allow their child to have a cell phone need to make sure that those children (yes, they are still children) are educated on how to use it properly. That includes teaching kids about when to use a cell phone so that they do not injure themselves or others. When riding a bike all kids should have a helmet on and a cell phone off. It just makes sense as a way to prevent serious personal injuries.

High School Football Personal Injury Prevention And Protection

August 2, 2013 | The Collins Law Firm, P.C.

As of this weekend, high schools across the state will be required to get catastrophic health insurance for their sports players. Known as the “Rocky Clark Law” (named for the Eisenhower High School player paralyzed from an injury in 2000) the law will require that every student-athlete be covered for millions of dollars for healthcare stemming from catastrophic personal injuries. The law is expected to be signed in by the Illinois Governor later this weekend. Many school districts already require, or provide, large health insurance for student-athletes. While this long can go a long way towards helping injured young people and their families deal with a tragedy after it happens, more important are efforts to avoid tragedies, and prevent injuries, before they happen. That is where programs to educate student-athletes come in. As part of USA Football’s “Heads Up” program, student-athletes, in one of the most violent contact sports played, are being taught how to play the game safer. It is all part of an initiative to make sports safer, and avoid serious personal injuries such as concussions from occurring in young people nationwide. A copy of Rock Clark’s Law can be found by clicking here.

Fatal Illinois Car Crashes

July 26, 2013 | The Collins Law Firm, P.C.

We are just past the halfway point of the year, and sadly, fatal car crashes in Illinois are on the rise. According to the Illinois Department of Transportation, as of today there have been 498 fatal crashes on the roadways of Illinois, which have resulted in 550 deaths. That is 15 more deaths than this time last year. Even scarier, 103 of these fatalities this year occurred in car crashes where there was an unlicensed driver involved, and 137 involved situations where it is known that a seatbelt was either not used or used improperly. A copy of the most current statistics from the Illinois Department Of Transportation can be found by clicking here. While cars have gotten safer, more and more travel on the roadways has lead to more fatalities. When you are behind the wheel you cannot control everything to prevent a serious injury to you or those you love. But there are many things you can control: drive safely, pay attention, use seat belts properly, and keep your car properly maintained (no bald tires, inoperable lights, cracked windows, or worn-out brakes). If you are sadly the victim of a car accident that was not your fault, you should contact an experienced Illinois personal injury attorney as soon as possible to make sure you know your rights. All lawsuits and claims are subject to time limits known as statutes of limitations. Failure to properly file a case within the applicable time limit will result in any injury case being barred. It is imperative that you talk to an attorney familiar with Illinois personal injury law as soon as possible after you are hurt to make sure you are doing everything you can to protect yourself.