Ethylene Oxide/Sterigenics Updates

Articles Posted in Personal Injury

It is the dog days of summer here in Chicagoland. As a result of temps pushing 90 degrees these days, more and more people are heading towards the water for a good time. Sadly, what many folks fail to appreciate is that there are dangers on the water, especially when powerboats, ranging from PWCs to large vessels, are involved. According to the U.S. Coast Guard, in 2012 there were over 1,000 accidents that involved a collision with a recreational vessel — resulting in 47 deaths. In addition, of the 459 drowning deaths on the water last year, 379 involved people who were not wearing a life jacket. Finally, the top two “contributing factors” to accidents: operator inattention and operator inexperience. A copy of the Coast Guard Recreational Boating Statistics for 2012 can be found here. The common sense that you exercise on the road to prevent accidents and injuries does not cease to exist when you are on the water. In fact, due to the lack of painted lines on the “roads” of water, and the risk of drowning that is not present on the streets, one needs to be that much more cautious when at play on a navigable waterway. If someone asked you if you would let your 14-year-old child take a 175 horsepower racing motorcycle out on the highway you would most likely say “of course not.” But, people do the same thing all the time when they put a high powered PWC in the hands of a teenager and send them out on the lake on their own. Hopefully, you would never think of having an open cooler of beer in your car and be tossing cans around as you drove around in the winter — yet people do it all the time in the summer when out on a boat. These are things that need to change. Just because powerboats, lakes, and good times all go hand in hand, that does not mean that a serious injury cannot follow. With the vast amount of waterways in the Chicagoland area, people need to protect themselves, and others, from personal injuries when out enjoying the great resources available in the area. The most basic steps to take to avoid being a personal injury victim: be aware and wear a life jacket. If you are injured in a boating accident, a personal injury attorney is your best resource to know what your rights are. Hopefully, you will never need to consult a personal injury attorney, because you will take the simple steps necessary to try and prevent a boating accident in the first place. But, if the unthinkable should happen, and you are injured, contact a knowledgeable personal injury attorney at once.

In an attempt to make the roadways safer, and cut down on personal injuries and deaths on American highways, recently the National Transportation Safety Board (NTSB) has called on state authorities to reduce the legal limit for alcohol intoxication to 0.05 percent. All 50 states currently have a blood alcohol content (BAC) limit of 0.08 percent for drivers 21 years old and over. While the NTSB does not have the power to change state laws (such as here in Illinois where the legal limit for those 21 years and older remains at 0.08 percent) its initiative on the lower limit could pressure regulators to adopt the stricter rule. This is part of the NTSB’s “Reaching Zero” campaign to help reduce alcohol-related accidents and increase awareness about the dangers of drinking and driving. A link to the NTSB safety report entitled, “Reaching Zero: Actions to Eliminate Alcohol-Impaired Driving” can be found by clicking here. All personal injury attorneys work towards not only getting compensation for those who are injured but also help reduce the number of incidents that cause personal injuries and wrongful deaths; this initiative is focused squarely on that purpose through not only a reduction in the “legal limit” but also through a strong campaign of high visibility enforcement and education on the injury dangers of impaired driving. The statistics are grim when it comes to car and truck accident injuries: one in three U.S. highway deaths involves an alcohol-impaired driver, according to the NTSB. This does not include thousands of serious non-fatal personal injuries suffered as a result of drivers who operate cars and trucks while under the influence of alcohol. Per the NTSB, in 2010 there were 292 fatalities in Illinois attributed to impaired driving — 292 people lost their lives as a result of someone being impaired while behind the wheel. That is a number that needs to be reduced immediately. If you or someone you know has been involved in an accident, whether alcohol was a factor or not, you should contact an experienced personal injury attorney as soon as possible. Only an attorney familiar with accident cases can properly counsel you on your rights with respect to what happened, and what type of compensation you may be entitled to.

Whether it be in a car accident, slip and fall, construction accident, or any other incident where you are injured and it is not your fault, your number one concern should be getting better. Sadly, for many folks, a close second to that concern is, “without health insurance, what do I do about my medical bills?” The purpose of personal injury claims, whether they be injury lawsuits in court or claims settled through insurance companies, is to get full compensation for the victim — including payment of medical bills. What many injured people do not realize is that from the time you are injured until the time your claim is resolved, those medical bills need to be dealt with. A good personal injury attorney can help you with that process. Whether it be getting payment plans set up, getting the bills deferred, managing liens that may be filed, or uncovering medical payment coverage you never knew you had, an attorney is your best resource for getting medical bills not only potentially paid at the close of a matter but also managed throughout the process. Personal injury attorneys are skilled at finding available insurance coverage and resolving medical liens, which can mean not only smaller bills but also fewer headaches in getting those bills resolved. If you are injured and it is not your fault, contact an experienced personal injury attorney as soon as possible so you know what your rights are. Trying to navigate things like medpay coverage, medical liens, lien reductions, the common fund doctrine, and other matters related to medical expenses is extremely difficult for someone who is not experienced in these matters. Do not shortchange yourself with something as important as getting better and getting full compensation for your injuries.

Insurance companies love to take “recorded statements” of people involved in situations where someone was injured. Even before a personal injury case is filed, adjusters and others at insurers will contact personal injury victims asking them if they would be willing to give a recorded statement on what happened. Before you give a recorded statement as the victim of an injury you need to think: who am I helping with this? While you may feel giving the responsible party’s insurance company a recorded statement of what happened will help your claim get resolved quicker or for more money, you are most likely incorrect. Any personal injury attorney will advise you that, in most situations, as a personal injury victim, giving a recorded statement to the responsible party’s insurance company without representation is not in your best interest. Personal injury lawyers know that insurance companies often use recorded statements against the people who gave them, regularly trying to say that the victim is changing their story or that based on a specific way the question was asked, they were not hurt how, or as badly, as they claim in a lawsuit (which they may have no choice but to pursue). If you are the victim of a car accident injury, slip and fall injury, or any other personal injury, and you are asked to give a recorded statement, you should check with an experienced injury attorney first to know if you should give the statement, and what your legal rights are. A lawyer you retain is there to protect you and your best interest. 

The 4th of July is just around the corner, and that means fireworks. Everyone loves going to big fireworks displays with their family. But, sadly, some people still also enjoy setting off their own fireworks — amateurs playing with dangerous explosives in an uncontrolled environment. The dangers of fireworks, especially when it comes to personal injuries, would seem obvious. However, based on the statistics compiled by the National Fire Protection Association, apparently, the injury dangers are not clear to everyone:

  • In 2010, fireworks caused an estimated 15,500 reported fires, including 1,100 total structure fires, 300 vehicle fires, and 14,100 outside and other fires. These fires resulted in an estimated eight reported civilian deaths, 60 civilian injuries, and $36 million in direct property damage.
  • In 2010, U.S. hospital emergency rooms treated an estimated 8,600 people for fireworks-related injuries; 57% of 2010 emergency room fireworks-related injuries were to the extremities and 37% were to the head.

Our office is routinely contacted by injured people asking for an attorney to represent them in a class action case for their personal injuries, or, asking if there is already a class action case going for the type of bodily injury they suffered. Thanks to the popular media, and abundant legal advertising by injury attorneys in Illinois and elsewhere, many people wrongfully believe that you can be part of a class action case for personal injuries suffered. Here in Illinois, there is no such thing. Class action cases are brought on behalf of a group of people who were “injured” in some similar way, caused by the same facts, where the injuries are essentially the same for everyone. The “injury” is not to the body but is usually financial. A good example is an environmental case where a company dumps a toxic chemical in a neighborhood and the property values of all the homes surrounding it are decreased. Our firm has handled many such environmental class action cases. However, cases where that same chemical dumping is involved, but the injuries are personal injuries (such as the development of cancers linked to the chemical) cannot be part of a class action. The reason: they are inherently personal injuries, not identical across the group; the “personal” in “personal injury.” Now, when something happens and many people suffer personal injuries as a result of some type of wrongdoing, such as through the use of a defective medical device or drug, some injury attorneys will handle the cases together and try and get them consolidated into a group and put on the same track. But they are still each distinct cases and thus, not a “class” (which is generally more than 50 people) under the law. Do not be confused, in the eyes of the law a “class action” and “consolidated cases” are two very different things. Whether you are part of a class, injured in a situation that must be brought as an individual case, or just wonder what your legal rights are, only a qualified attorney can properly advise you on the law. Do not rely on what you see in the media or in advertisements. If you are injured or have questions on your legal rights, you should contact an experienced lawyer without delay.

It has previously been discussed on this blog that you should be careful what you sign, as you may not realize you are waiving your rights to recover for a personal injury you suffer due to someone else’s negligence. But, it is not just outright waiving your right to recover for injuries that you need to be aware of these days. There are more and more things out there that people are being asked to sign that restrict their ability to have a jury of their peers decide what they are entitled to as compensation for personal injuries. Waiving your right to a jury trial means that while you may be able to sue for your injuries, that lawsuit will be decided by a judge, and not a jury. This is not always the best way for you, or your attorney on your behalf, to get you the maximum recovery you are entitled to. The right to a jury trial in a civil case for personal injuries is an important one that should not be waived without serious thought. The same is true of mandatory arbitration provisions. These often force an injury victim to pursue compensation in a non-court, private setting. This could result in a situation where you, the injured victim, are forced to incur tens of thousands of dollars in costs to pay an arbitrator to decide if you are entitled to any compensation for your injuries. In many instances, a personal injury lawsuit is a better option for an injured victim to seek justice. Before you sign any document that affects your rights, make sure you understand what you are agreeing to. If you do not understand what is presented to you, talk to an attorney. He or she can advise you about the consequences of what you are being asked to sign, in terms of personal injury claims, and other legal issues.

After a fairly dreary spring here in Chicagoland, the weather has turned, and we can all enjoy the outdoors. For many people this also means it is time to dust of the motorcycles and head out for a bike ride. Whether you choose to ride a motorcycle or not, if you are on the roads you need to be aware that motorcycles are out there. Many motorcycle accidents that occur are the result of operators of cars not seeing a bike on the road. Hence the slogan, “Start Seeing Motorcycles” which has become popular. The negligence of other motorists causes numerous crashes which cause motorcycle injuries. Motorcyclists need to do their part too, not only keeping a lookout for the very motorists who do not see them, but also making it easy to been seen by others. As taught in many basic rider courses, motorcyclists should shy away from all-black outfits, dark riding gear, and even dark-colored bikes. Retro-reflective accents, bright jackets, and easy to see helmets can all literally save your life on a motorcycle as they can help make you visible to another driver on the road who otherwise might not see you. But, while it is very difficult to prevent the negligence of another driver on the road, there is one thing that every motorcycle rider can do to help prevent serious personal injury while riding a bike: wear a helmet. While Illinois does not require helmets (nor do 30 other states, when it comes to adult riders) wearing a properly fitting helmet is the single best step you can take with your gear to save your life if a motorcycle accident should occur. Personal injury attorneys encounter motorcycle accidents all the time, and one of the first questions an injury attorney will ask a rider involved in a motorcycle crash is: “were you wearing a helmet?” Sadly, if the victim is unable to answer due to catastrophic injury, or death, the attorney usually already knows the answer. Be safe on the roads, and be mindful of motorcycles, whether you ride or not. If you do ride a motorcycle and are injured in a crash, contact a personal injury attorney as soon as possible so you can be informed about what your rights are, and how to handle any claims you may have. For all you riders out there, enjoy the riding season, and safe travels.

Mediation is a form of “alternative dispute resolution” where the parties agree to let a person outside of the proceedings (often called a “neutral”) get involved to try and settle the matter. It can happen at any time during a personal injury matter: before a personal injury case is filed, during the discovery phase, or right before trial. Mediation usually takes place in a conference room, and not a courtroom, as it is not an adversarial proceeding, but an attempt at settlement and compromise. Most mediators or neutrals in personal injury cases are retired judges or lawyers with extensive experience handling personal injury matters. A mediator does not decide a case. Rather, s/he hears the positions of the parties and then works to help both sides reach an agreeable settlement. The mediator cannot require any party to settle, and is not there to decide who is right and who is wrong. Here is how the process works: Typically, at the outset of a mediation, each side makes an initial presentation, and sets out an opening settlement position (either a demand or offer). Following the initial presentations, the mediator shuttles back and forth between the parties, presenting positions conveyed to her or him by the other side, asking for responses. More importantly, an experienced mediator will also inject ideas for how the case may be settled, and the mediator will highlight for each party the weaknesses in their case, as well as the strengths, so that the parties themselves can appreciate the realistic chances for success if the injury matter progresses all the way to a trial. Sometimes mediations are successful, and the case settles and progresses no further. Other times a mediation fails to result in a settlement but can lead to ongoing negotiations to try and settle the case before the case is determined by a jury. And, of course, sometimes the parties simply cannot settle the dispute and a trial results. An experienced personal injury attorney can properly advise you as to if and when you, as the injured victim, should consider agreeing to a mediation proposed by the defendant (and more typically its insurance company) or if you should propose a mediation yourself. Mediations can be very effective in injury cases in which pre-trial settlement is in both parties’ interests, but for whatever reason, they have been unable to reach a settlement on their own. Whether you chose to pursue mediation as a way to settle your injury case or not, having a lawyer on your side who is familiar with the process and can give you an accurate estimation of your chances for success, is an invaluable resource in getting you the compensation you deserve.

“Yeah, but it was his fault too!” That sums up in a nutshell what an affirmative defense is in a personal injury lawsuit. In the example of a car accident case, a plaintiff may be injured when the responsible driver runs a red light and a car crash takes place. The injured plaintiff files a lawsuit against the driver alleging that the driver was distracted and texting while driving, and that as a result, the other driver ran a red light. The defendant then responds with, amongst other things, that even if that is true, the injured victim was speeding, and that was at least part, if not all of the cause of the incident. Affirmative defenses are the proverbial “yeah but” defense. No different than a young child uses every day (“yeah, but she hit me first”). In a legal context, dealing with affirmative defenses at the pleading stage (when the parties are exchanging formal documents laying out the claims), discovery stage, and at trial, are vital to a successful recovery for an injured victim. If such affirmative defenses are not properly denied, they are often deemed to be admitted, which impacts any recovery a crash victim, or any victim in a personal injury lawsuit is entitled to. Even if the affirmative defense seems outlandish, it still must be appropriately addressed. Things like affirmative defenses are why it is important for any victim of a personal injury to contact an experienced personal injury attorney as soon as possible after an incident. An experienced lawyer can guide you through the process to deal with affirmative defenses, or better yet, help you properly conduct yourself to avoid giving the responsible party the ammunition it needs to bring a frivolous affirmative defense. Involving an experienced attorney is one of the best things you can do to maximize your chance for a full recovery of what you are entitled to for your injuries.

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