http://www.collinslaw.com/index.htmlHot News!en2012-05-17T10:01:55-05:00 hourly 1 2000-01-01T12:00+00:00 Thu, 17 May 2012 10:20:53 -0500Areas Of Practice2012-05-17T10:01:55-05:00http://www.collinslaw.com/pi/blog/files/f1e6e939edae7232cbf58880bd5e58e0-25.html#unique-entry-id-25http://www.collinslaw.com/pi/blog/files/f1e6e939edae7232cbf58880bd5e58e0-25.html#unique-entry-id-25Earlier this spring, the Centers for Medicare & Medicaid Services (CMS) implemented a new option that allows Medicare, in some cases, to provide a final conditional payment amount before settlement in a personal injury case.  This option involves beneficiaries and/or their representatives self-calculating the final conditional payment amount. 

This should help streamline the process for smaller claims of older individuals, and will make it much easier for attorneys to resolve claims and lawsuits that previously could take years to resolve, just due to Medicare and its right to recovery. This will remove not only the frustration suffered by every personal injury attorney in resolving these smaller claims of older individuals, but also will allow victims to get compensated much more quickly, and help them move on after they recover.

The criteria to be eligible to participate in the Medicare self-calculation program for personal injury suits are:

-The personal injury case or claim must be based on a “physical trauma based injury;”
-The total settlement or judgement is less than or equal to $25,000.00;
-The incident that caused the personal injury must have occurred at least six months earlier; and
-An attestation or certification is provided that there has been no medical treatment for the injury in the last ninety days, and that no further treatment is expected.

More information about this program can be found on the MSPRC webpage at: www.msprc.info.]]>Areas Of Practice2012-05-11T08:30:01-05:00http://www.collinslaw.com/pi/blog/files/37ac0c6346fa5c46217fddb80e6245f6-24.html#unique-entry-id-24http://www.collinslaw.com/pi/blog/files/37ac0c6346fa5c46217fddb80e6245f6-24.html#unique-entry-id-24With spring in full swing in Chicago and the surrounding area, more and more motorcycle riders have taken to the road. Whether you are an experienced motorcycle rider, a new cyclist, or just a driver who shares the road with bikes, everyone needs to do their part to keep the roadways safe, to avoid being involved in a motorcycle accident.

The number one rule to be safe if you ride a motorcycle, scooter, or any other motorized vehicle on the road that is not a car of truck: WEAR A HELMET. The statistics are overwhelming regarding the number of injuries prevented by wearing a helmet, even in a serious motorcycle accident. While a lawsuit or claim can compensate an injured victim, no personal injury lawyer can work the miracle of erasing what happened and wiping out your injuries. If you take to the street on two or three wheels, wear a helmet (that includes passengers too).

But what if you never have ridden a motorcycle, and never intend to? You still need to share the roads with bikes, and you still need to do your part to keep the roads safe. The Motorcycle Safety Foundation has some safety tips for drivers of cars and trucks to help avoid motorcycle accidents and keep motorcyclists, and the public in general, safe:

1. Focus on Driving–Don’t be distracted. Never text or surf the Web while driving. Put down the cell phone or mobile device. Food, pets and even passengers can be bad distractions.

2. Look for Motorcyclists–Motorcycles are smaller than other vehicles and are often harder to see. But motorcycles are out there and you should expect to see them and try to see them in the mix of traffic.

3. Give Motorcyclists Enough Room–Keep a safe distance when following a motorcycle. Don't change lanes too close in front of a rider. Motorcyclists and their machines generally don’t just have fender-benders in collisions with cars.

4. Use Your Turn Signals–Always signal your intentions. It’s for everyone's safety and it’s also the law.

5. Keep it in the Car–Trash, including cigarette butts, should stay in the car, not thrown out where it could hit a motorcyclist. Road debris can kill a rider. Heavier items, especially, should be kept inside the car or truck or should be very well secured.

If you have been injured in any type of accident, car accident, motorcycle accident, or otherwise, please contact our office. Our experienced injury attorneys can help you deal with the problems you are facing, and fight to get you the compensation you deserve.]]>Areas Of Practice2012-05-01T08:49:14-05:00http://www.collinslaw.com/pi/blog/files/1bc91aec48b64a0b2b6116f015a63f58-23.html#unique-entry-id-23http://www.collinslaw.com/pi/blog/files/1bc91aec48b64a0b2b6116f015a63f58-23.html#unique-entry-id-23There are many different ways that a personal injury case can get resolved, beyond a full jury trial -- where 12 strangers decide who gets what, if anything. Here are brief descriptions of the three most common ways that a personal injury lawsuit gets resolved without a full blown trial.

SETTLEMENT. People hear stories of someone “winning” a large personal injury settlement all the time. The truth is, no one has ever “won” a settlement in any type of case, personal injury or otherwise. A settlement is a compromise where both sides, plaintiff and defendant, agree to end the case for a set amount of compensation. There are no winners and losers. This is the most informal way to resolve a case, and can happen at any time, even before a formal personal injury lawsuit is filed with a court.

MEDIATION. A mediation is a more formalized way to settle a personal injury claim. Here the parties and their attorneys meet with a mediator or “neutral” who helps facilitate a resolution to the case. There is no formal trier of fact like a jury. Mediators are often retired judges and experienced attorneys who can help the parties better assess the strengths and weaknesses of their respective cases, and help the parties agree on a settlement. Again, there are no winners or losers.

ARBITRATION. This is the most structured way of resolving a personal injury case short of a full trial in a courtroom. Here the lawyers present condensed versions of their cases to a trier of fact, either a single arbitrator or a panel of several, who decide the outcome of the case. The proceedings are less formal than a full jury trial, and the rules of evidence are more relaxed. Arbitration can be binding, meaning the decision of the arbitrator (s) is final, or non-binding, meaning one side or the other can reject the decision and the case can move on to a more formal courtroom trial. Arbitrations are very popular ways to resolve smaller personal injury cases, such as minor car accidents. In fact, in many counties, smaller personal injury cases must first go through a non-binding arbitration before a full trial can even take place.

If these methods are not successful, or one of the parties to a personal injury lawsuit is not willing to compromise, then the only other way to resolve the dispute is through a trial in a courtroom, most often in front of a jury. The jury system serves as a check on the administration of justice, allowing 12 strangers, with no interest in the outcome of the case, to decide things like: who caused the car accident or slip and fall, how bad was the injury suffered by the victim, and how much compensation does the injured victim deserve for pain and suffering, lost wages, or loss of a normal life.]]>Areas Of Practice2012-04-20T08:44:13-05:00http://www.collinslaw.com/pi/blog/files/dc1bae300f95030c3dbc85291f3b516f-22.html#unique-entry-id-22http://www.collinslaw.com/pi/blog/files/dc1bae300f95030c3dbc85291f3b516f-22.html#unique-entry-id-22The Illinois Supreme Court has officially adopted Rule 243, allowing jurors to submit questions to witnesses in civil trials beginning July 1st. The new Supreme Court Rule has wide ranging support from judges and lawyers, including two of the largest bar associations in Illinois. Roughly half of the state court systems in the country, and all federal circuits, allow jurors to submit written questions to witnesses. In any civil trial, including personal injury matters, the trial judge will have the discretion when it comes to implementing the rule.

If the trial judge determines it to be appropriate, jurors will submit questions which the judge will read to the attorneys outside the jury’s presence. The judge will rule on any objections and determine whether to admit, modify or exclude questions, all outside the presence of the jury. The judge, if proper, will then read the questions to the witness, after which the attorneys may ask follow-up questions.

Hopefully Rule 243 will help prevent verdicts in personal injury cases which are unjust, based on misplaced speculation as to the facts by the jury. Often in injury matters where an unexpected verdict is handed down by a jury, it is later discovered by the attorneys that the jurors based their ruling on a fact or testimony that was misunderstood. Anything that the judicial system can do to prevent speculative verdicts, or other decisions that derail justice for injury victims, is a good thing. As it not only helps to ensure personal injury victims get full compensation for their injuries, but also helps to maintain a high level of confidence in the integrity of the judicial system, personal injury and otherwise, for all citizens.

A copy of new Supreme Court Rule 243 can be found by clicking here.
]]>Areas Of Practice2012-04-13T08:14:32-05:00http://www.collinslaw.com/pi/blog/files/860af6f4f9a31e4c46d887236435bde6-21.html#unique-entry-id-21http://www.collinslaw.com/pi/blog/files/860af6f4f9a31e4c46d887236435bde6-21.html#unique-entry-id-21Tax day is just a few days away. Typically, there is not much new to be said about Federal Income Taxes in connection with a personal injury case, but this year is different. The government has finally clarified some foggy areas with respect to the taxability of certain personal injury recoveries, whether from a personal injury settlement or a full jury trial.

Previously, the IRS applied a “tort-type” test to determine if monies received in personal injury cases were taxable. If the personal injury recovery was from a “tort type” claim, then the income was generally “excluded,” making it not taxable. This left a gray area for personal injury claims where the action brought was not just in tort, but also statutory claims and similar actions, for personal injuries. This greatly complicated Plaintiff’s personal injury attorney’s strategies, as not only did they need to win cases for their clients, but do it in a way to best manage taxability concerns.

The revised regulations, under Reg. Sect. 1.104-1c, provide the "exclusion may apply to damages recovered for a personal-injury or physical sickness under a statute, even if that statute does not provide for a broad range of remedies. The injury need not be defined as a tort under state or common law." That means that damages from all personal injury claims should now be excluded from being declared as taxable income, even if they do not stem from a defined tort, as the new regulations deleted the requirement that to qualify for exclusion damages must be based on “tort or tort type rights.” The regulations provide that the exclusion may apply to damages recovered for a personal physical injury or physical sickness under a statute that does not provide for a broad range of remedies, and that the injury need not be specifically defined as a tort. A description of the regulation from the IRS can be found by clicking here. Personal injury proceeds received after January 23, 2012 are subject to the new exclusion rules. This will be a great relief to many victims of personal injuries due to the acts of others, as it is one less burden victims need to worry about. Likewise, the personal injury attorney that victim has retained can now focus more on getting compensation for the client, and less on the tax consequences of any recovery.

If you have any questions about the taxability of any money received from a personal injury settlement or trial, you should consult a qualified tax adviser, such as a Certified Public Accountant or Tax Attorney. Tax laws are very intricate and only a qualified tax professional, in a one on one situation, can properly advise you of your rights and obligations in this area -- whether they relate to a personal injury recovery or other money received.]]>Areas Of Practice2012-04-05T14:24:11-05:00http://www.collinslaw.com/pi/blog/files/97f4179b986cd2f3069af6c2973970b4-20.html#unique-entry-id-20http://www.collinslaw.com/pi/blog/files/97f4179b986cd2f3069af6c2973970b4-20.html#unique-entry-id-20Everyday there are stories in the news - from around the country - of injuries related to synthetic marijuana use. Just last month Fox News reported a series of kidney failures in young people in Wyoming linked to the designer synthetic marijuana drug called “Blueberry Spice.”  People need to know: synthetic marijuana is a dangerous drug. The Medical Journal Pediatrics publishes a report in their April issue detailing how emergency departments are seeing an increase in patients seeking treatment for use of synthetic marijuana, also known by names including K2, iAroma, Spice, and Blaze, which can have similar but more serious consequences than marijuana. While the precise long-term effects of the drug are unknown, pediatricians are particularly concerned about the impact of this and other drugs on teens’ developing brains. Long-term consequences may include memory loss and psychosis. The synthetic marijuana epidemic has to stop.

Besides stories of health problems relating to the use of these drugs, there are also numerous news articles recently being circulated about the ongoing fight against fake pot – by local and state governments (including now the state of New York, who has banned the sale of synthetic marijuana products IMMEDIATELY), and even health officials.  Our client Karen Dobner, continues to work and lobby tirelessly to make people aware of this problem, and get productive laws passed.  We need to see more stories in the news about new laws and bans going into effect to help protect our young people – and fewer stories like the Wyoming children who are now sick and struggling with life-threatening kidney problems.  Regardless of the content, hopefully these news items simply re-emphasize that there is a problem with synthetic marijuana – and everyone should be aware of it.

In a perfect world, the makers and sellers of synthetic marijuana would put warnings on synthetic marijuana, indicating the consequences of “memory loss”, “psychosis”, state of comatose, risk of “heart attack” and even death. Even better, after enough personal injury lawsuits are filed, people will simply stop selling these dangerous drugs to kids. But, until that happens it continues to be vitally important to educate everyone that these products are very dangerous, and have proven to be fatal.]]>Areas Of Practice2012-03-29T11:57:58-05:00http://www.collinslaw.com/pi/blog/files/e1f73d956657122fb9ce17439965c17e-19.html#unique-entry-id-19http://www.collinslaw.com/pi/blog/files/e1f73d956657122fb9ce17439965c17e-19.html#unique-entry-id-19The change of seasons makes everyone feel industrious: spruce up the landscaping, clean out the garage, empty out the attic. Another item on everyone’s to do list should also be to take a minute and review their insurance coverage.

With the downturn in the economy, many people have been tempted to cut back on car insurance coverage, feeling it was something they did not need as much of. But what many people do not realize is that car insurance coverage is not just to protect someone else, but also you if you are hurt in a car accident. Under insured motorist coverage and uninsured motorist coverage are provisions of most car insurance policies. These provisions provide coverage for you and your family if you suffer personal injuries in an accident due to the fault of someone else who has insufficient, or worse, no insurance coverage. With so many folks cutting back on coverage these days, these uninsured and under insured provisions become that much more important to protect you and your family in the result of an accident. After all, if the driver that hit you cut back on his or her coverage, it will be your under insured coverage or uninsured coverage that will pay for the injuries you suffered due to the negligence of the other driver.

Using the change of season as a time to revisit all aspects of your life, including your insurance, can go a long way towards protecting you and those you love in the event of a tragedy. If you are in a car accident where the responsible driver did not have enough coverage (or any coverage) a personal injury attorney can help you determine if your own insurance coverage can be used to get you compensation for your injuries, including getting your bills paid and your family protected.]]>Areas Of Practice2012-03-22T10:05:08-05:00http://www.collinslaw.com/pi/blog/files/f27c9980ffb1d89594523b420e1fbb28-18.html#unique-entry-id-18http://www.collinslaw.com/pi/blog/files/f27c9980ffb1d89594523b420e1fbb28-18.html#unique-entry-id-18When people sign up to play a sport, join a gym, or participate in just about any organized activity, there is always something to sign. Many people just sign away and never look at just what it is they are agreeing to. While it may seem like “no big deal” or just “form language” everyone needs to read before they sign, and think about just what they are agreeing to. After all, if it was not important, you would not be being asked to sign it.

The reason reading first is so important is that many of these forms contain waivers and releases (especially waivers and releases of personal injury claims). These are legal documents where many unsuspecting consumers and participants are literally signing away their rights to pursue claims against a whole host of people and companies if they are injured. In Illinois it has been found that these provisions can be enforced in many circumstances, negating the personal injury claims of seriously injured victims. That means that even if someone has done something wrong which seriously injures you, or whomever it was who signed the agreement, no personal injury claim can be pursued against the person or entity who was responsible for the injury.

Now, if you have been injured and you signed such a release or waiver, all may not be lost. Depending on how these forms are written sometimes they are not enforceable. Likewise, in some situations, if the conduct of the wrongdoer was so egregious (not just negligence, but gross neglect or willful and wanton disregard) in Illinois these agreements can be of little effect. All the more reason that if you are injured through the fault of another, you need to seek out a qualified personal injury attorney to help you determine just what your rights are, any claims you may have, and if you can pursue those injury claims.

No one knows what the future holds, and when signing a document that releases your future rights if you are injured, you should be mindful of just how important that seemingly “form” release can be. No one can make you release your rights, so think about what you are being asked to agree to and if it is really worth the risk of having no rights if you are injured.

]]>Areas Of Practice2012-03-15T08:29:24-05:00http://www.collinslaw.com/pi/blog/files/8269c3c7d7b5498a6b425e1d772f1c07-17.html#unique-entry-id-17http://www.collinslaw.com/pi/blog/files/8269c3c7d7b5498a6b425e1d772f1c07-17.html#unique-entry-id-17With nice weather here in the Chicagoland area, people young and old are dusting off their bicycles and hitting the roads and trails. But before heading out for a fun ride, everyone needs to think about bicycle safety, as, without proper precautions, bicycle crashes can result in very serious injuries.

Inspecting your bicycle for signs of wear and damage before you go out for a ride is an important step to ensure a safe ride. Taking just a few minutes before you or your children go out can be the difference between a pleasant, fun day of outdoor exercise, or a trip to the hospital. Equipment failures can result in serious bicycle accidents, causing serious injuries to an otherwise safe cyclist. Personal injury attorneys at our firm are handling a case for a bicycle that had a wheel / disc brake failure that resulted in a rider being hurt, and we just learned that earlier this month the U.S. Consumer Product Safety Commission announced a voluntary recall of Gore Bicycle Brake Cables. The CPSC recommends that all consumers stop using bicycles with these recalled Gore brake cables if they are installed on a “Campagnolo” style brake lever, as the Gore brake cables may detach from the brake levers, causing the brakes to fail.

No matter what types of components your bike has, they should be inspected regularly to minimize the risk for crash and injury.

Even if you are not a cyclist, if you are out on the roads this spring, it is also your responsibility to help protect bicyclists. To prevent injuries, automobile, truck and bus drivers must keep a lookout for bicyclists. Illinois requires drivers to exercise due care to avoid colliding with anyone operating a bicycle. 625 ILCS 5/11-1003.1. As a rider, a bicyclist must always do whatever they can to keep themselves safe, which includes keeping a sharp lookout for cars (especially those distracted drivers) who may not be expecting a bike in their path.

But the number one thing anyone riding a bike can do to help protect themselves is always wear a helmet. Head injuries from bicycle accidents, even low speed impacts, can cause serious injuries, including life-threatening brain injuries. A good quality helmet should be worn by anyone on a bicycle (especially children). Helmets should be inspected regularly, and replaced when they: get old, do not fit right, or show any signs of damage. Helmets greatly reduce the risk of injury in bike accidents in adults and children, and should be strapped on securely whenever someone climbs on the seat of a bicycle.

If you or someone you love is injured in any type of bicycle accident, please contact our office. Our experienced personal injury attorneys are here to help whenever tragedy strikes, including as a result of bicycle crash.]]>Areas Of Practice2012-03-08T09:26:34-06:00http://www.collinslaw.com/pi/blog/files/77cef8f6d98d32d1f8e73ee70af4eed4-16.html#unique-entry-id-16http://www.collinslaw.com/pi/blog/files/77cef8f6d98d32d1f8e73ee70af4eed4-16.html#unique-entry-id-16HB 5823 is currently pending in the Illinois legislature. It aims to, among other things, amend the Health Care Services Lien Act to provide that if health insurance or private or public benefits are available to pay a medical bill, the lien of a health care professional or health care provider is limited to the rates established by the applicable health insurance, private or public fund. The bill also provides that the holder of the lien or claim shall bear a pro rata share of the claimant's attorney's fees and litigation expenses and shall be barred from pursuing any claim for the unpaid balance.

As of today, if a doctor, hospital, or other medical provider wants to, they can avoid being paid by health insurance where the injury was caused by an accident, and instead make the victim pay the bill out of the settlement, verdict, or other recovery from the responsible person who caused the injury. Even worse, despite that medical provider having a contract with a health insurance company setting the rate for services, the provider can seek essentially however much it wants from the victim (based on what it feels is “reasonable”) which is nearly always substantially higher than the rate it contracted with the health insurer for. Medical providers routinely use this as a way to boost their incomes, all on the backs of victims of personal injuries caused by others. If the medical community is willing to agree to rates for services with health insurers, those same rates should apply to those who bought than insurance in the first place -- the patients. Why should doctors, hospitals, and other medical providers get a windfall as a result of a tragedy to a patient, such as a car accident or a slip and fall?

Likewise, medical providers should pay their fair share of the costs incurred in getting the money used to pay them; by paying their pro rata portion of the attorney’s fees incurred in getting the money used to pay that medical bill from the responsible party. After all, without the attorneys pursuing the personal injury claims of the victims, there would not be money for these medical providers to file liens on, and they would not recover.

Our firm strongly supports reforms to the lien act to require medical providers to accept the agreed upon rates as payments in all contexts, whether a personal injury claim is involved or not, and to pay their fair share in procuring funds to pay medical bills related to personal injuries in the first place.
]]>Areas Of Practice2012-02-24T14:34:04-06:00http://www.collinslaw.com/pi/blog/files/cd8a4369eeb3c76b0da8d439849b0ce7-15.html#unique-entry-id-15http://www.collinslaw.com/pi/blog/files/cd8a4369eeb3c76b0da8d439849b0ce7-15.html#unique-entry-id-15Whether you know it or not, you live in a flood zone. What might distinguish you from the person you heard about who was injured or killed in a recent flood event is the risk area where you reside. There are low, medium and high risk areas, but all areas are flood zones according to FEMA.

Many believe they cannot be injured by a flood because they do not live in a flood plain. Sometimes homeowners are falsely assured of safety because they do not reside in an area where flood insurance is required. But, consider the scope of the National Flood Program. If you live in a community that participates in the National Flood Program, then you are eligible for National Flood Insurance. According to FEMA, in Illinois there are more communities participating in the National Flood Program (859) than not (only 138).

Subject to Federal laws which prohibit FEMA from paying claims for benefits covered by private insurance, some flood related personal injury damages are eligible for National Flood Insurance benefits. For example, if you incur medical expenses not covered by insurance, then you may be eligible for grants to cover those expenses. If your flood-related injury keeps you from working, then you may be eligible for disaster unemployment assistance too.

Floods happen virtually everywhere and at any time. There are, however, some recurrent causes of flooding especially in the Mississippi River Valley. The Mississippi River Valley is one of the largest drainage basins in the world. The area is responsible for draining almost half of the storm water in the lower 48 states. When errant floodwall operations or irresponsible development occurs – to name just a few of the culprits – flooding which occurs along major rivers, smaller tributaries, and in surrounding residential or commercial areas can lead to devastating yet preventable losses.

The extent of the injuries caused by the negligence of storm management operators or developers are usually characterized by three variables: the number of people located in the vicinity of the operations or development; the efficacy of the warning, if any, provided to those people exposed to danger; and the volume and rate of storm water that was re-directed to the impacted area. Each one of those three variables can be directly related to the actions of storm water management operators and developers. People may move closer to major rivers, in part, because storm water systems provide a false security about the safety of the area. Those in the best position to alert residents about impending flooding oftentimes fail to notify those residents most in need of flooding preparedness. As areas traditionally used for drainage are developed and that surface area dissipates without erecting concurrent storm water retention, flood waters will reach new areas at volumes and rates significantly higher than those occurring naturally.

With flooding season in the Mississippi River Valley upon us it is incumbent upon those responsible for building and maintaining storm water management systems to share with nearby residents all known flooding risks. Warning systems should be comprehensive and fast-acting. Systems need to be in place in order that warnings delivered to people occupying a potentially impacted area are clear and convincing. Proper warnings about flooding events result in fewer injuries and mitigated property damages. Such warnings not only save lives and reduce clean-up costs, but also are the responsibility of those whose operations exacerbate the effects of natural storm events.]]>Areas Of Practice2012-02-17T11:05:17-06:00http://www.collinslaw.com/pi/blog/files/f1ce64eacd4f3f4e8015ae691f8ada14-14.html#unique-entry-id-14http://www.collinslaw.com/pi/blog/files/f1ce64eacd4f3f4e8015ae691f8ada14-14.html#unique-entry-id-14Two attorneys at The Collins Law Firm, P.C. have recently joined an initiative to help stop distracted driving. Distracted driving is the cause of 80% of all car accidents. Drivers who talk on a cell phone while driving are 4 times more likely to be involved in a collision. Those who text message while driving are 23 times more likely to crash. While everyone is prone to distracted driving, teenagers who are inexperienced drivers can be the most vulnerable and at-risk.

To help end distracted driving, personal injury attorneys Ed Manzke and Julie Anderson-Kulovits have joined the End Distracted Driving (www.endDD.org) campaign. They will be looking to speak to high school students in the Naperville, Illinois area about distracted driving, the dangers of it, and the ways to end it. We will be joining forces along with 750 other attorneys in every state in the country, who will also be getting the word out to high schools about the dangers of distracted driving and the car accidents it causes. If you would like one of our attorneys to come speak to your local high school, please contact us and let us know.
]]>Areas Of Practice2012-02-10T11:59:34-06:00http://www.collinslaw.com/pi/blog/files/61ff02744435be8d05ce0cd46ebe8b4d-13.html#unique-entry-id-13http://www.collinslaw.com/pi/blog/files/61ff02744435be8d05ce0cd46ebe8b4d-13.html#unique-entry-id-13Nursing home care in this country is sadly no where near as good as it should be. Those who have raised us, cared for us, defended us, and made us who we are deserve to be cared for with compassion and dignity, not be treated as a line item on the financial statement of a faceless corporation. As a result of the “business” of long term care, incidents of nursing home abuse and nursing home neglect continue to rise. Personal injury attorneys are routinely contacted about untimely deaths in nursing homes, or incidents of bedsores and skin breakdown that have tragic consequences for someone’s mother, sister, aunt, grandmother, or anyone else they care about. The saddest part about this is that in the majority of cases, the problems were preventable if only the care had been better.

Much like medical malpractice, the majority of incidents of nursing home abuse or nursing home neglect are committed by a group of repeat offenders, facilities that put business and profits before people. As someone faced with the difficult decision to put a loved one in a long term care facility, the best gift you could ever give that person is to do your research. Before choosing a facility for someone it is critical that you know the facts about any nursing home or long term care facility.

Many people are concerned with the question of “will my loved one be happy here?” While this is an important question, it must be asked only after another question is first answered yes: “Will my loved one be SAFE here?”

In Illinois, the Illinois Department Of Public Health regulates nursing homes. By clicking here, you can review its “Quarterly Reports Of Nursing Home Violators” to see if any facility you are considering for someone you care about has been found to be involved in a situation of nursing home neglect, or other nursing home abuse. If you or someone you love is the victim of any type of neglect or abuse at a nursing home, please contact us as. We are here to help in situations where our elders are not being cared for properly.]]>Areas Of Practice2012-02-01T09:09:54-06:00http://www.collinslaw.com/pi/blog/files/619fddb4db23ad00c0b08a5c94b6c65d-12.html#unique-entry-id-12http://www.collinslaw.com/pi/blog/files/619fddb4db23ad00c0b08a5c94b6c65d-12.html#unique-entry-id-12We have all heard the phrase before “a pictures is worth a thousand words.” It is true. A picture can capture details our memories might not be able to recall years down the road. A picture can describe things words cannot adequately do justice to – such as the pain of a bruise or fracture injury. In litigation, including personal injury lawsuits, pictures are crucial. Unfortunately, many times, once a client visits an attorney, the injuries have healed, the scene of the accident has been modified, and the opportunity to photograph these important things has passed. Here are some pictures you should consider taking if (or even before) an accident happens:

(1) Pictures of the contents of your home: A flood, fire or robbery could destroy the contents of your home. Proving the contents of your home in litigation (even to your own insurance company) can be difficult, as many people will not recall all of the items that they owned. For this reason, it is a good idea to take pictures of the contents of your home at least once a year. Take pictures of your closets, drawers, storage areas, etc., so you will be able to recall what items you owned in the event that they are lost.

(2) Accident Scenes: When an accident occurs, the scene is often repaired or modified very quickly. A dangerous display of merchandise will be removed, a slippery floor will be cleaned up, cars involved in a car accident will be towed away, and the damage to the cars will be repaired. It is important to take a picture of the scene of the accident, as soon as you are able. Take multiple pictures, from many different angles, so that you preserve these important details if needed later on.

(3) Injuries: Litigation is a long process. By the time a case gets in front of a jury, the visible signs of one’s injuries (such as bruising, swelling, etc.) are often gone. It is hard for a jury to visualize what the bruising, swelling, fractures a victim is describing actually looked like. A picture of these injuries, can help them to visualize what words cannot very accurately describe. In a personal injury case, pictures of the injuries greatly improve the chances of receiving full compensation.

If you are ever involved in an accident, or even before one occurs, take pictures to help you prove the injuries that occurred, the losses you sustained, and the damages you are entitled to.]]>Areas Of Practice2012-01-27T09:14:40-06:00http://www.collinslaw.com/pi/blog/files/8a5d1490ea17811786d983d5ef0d0c8f-11.html#unique-entry-id-11http://www.collinslaw.com/pi/blog/files/8a5d1490ea17811786d983d5ef0d0c8f-11.html#unique-entry-id-11According to the National Highway Traffic Safety Administration, 25% of police reported car crashes involve some form of driver inattention. A shocking statistic. Car accident personal injury lawsuits are common in this country. Many people believe this is driven by our society becoming over litigious, but the truth of the matter is looking more and more like it is based on the fact that people in this country do not understand what driving is about, and that it is not something you do in the background while doing other things. When you are behind the wheel that must be priority number one.

If tort reformers want less litigation from car accidents the answer lies more in reforming the way we drive in the U.S., not in reforming the legal system to afford breaks to people who injury innocent victims with their own inattention while driving. It makes no sense that a person injured should be denied full compensation because too many people in this country are bad drivers. Injured victims deserve full compensation from those who injured them; that is what personal injury lawyers try to achieve for their clients.

Changing laws are not the answer. Changing technology so that it cannot be used at certain times is not the answer either. The answer lies in the mindset of each and every person who gets behind the wheel: when you are driving, drive. That’s it. It is as simple (or complicated) as that. If we as a society can do this, the number of personal injury lawsuits for car accidents will surely fall, after all, if 25% of those accidents which are reported to police are avoidable, we are not dealing with an insignificant amount of preventable car crashes. ]]>Areas Of Practice2012-01-13T16:34:42-06:00http://www.collinslaw.com/pi/blog/files/aea22a9261f8becc068c6bdbc77d696a-10.html#unique-entry-id-10http://www.collinslaw.com/pi/blog/files/aea22a9261f8becc068c6bdbc77d696a-10.html#unique-entry-id-10For decades, hundreds of homes in a section of Union, New York known as Endicott have been sitting above a plume of TCE and PCE contaminated groundwater. TCE and PCE are man-made solvents historically used by corporations to strip grease and grime off metal parts. Endicott is just south of a former IBM manufacturing facility that released thousands of gallons of these solvents into the environment. One of these solvents, TCE, has recently been classified as a known human carcinogen by the USEPA. Although the dangers of drinking TCE and PCE laced-water have been documented for years, less research has been devoted to the inhalation of TCE and PCE. Endicott, with its long history of groundwater contamination, provided researchers with valuable insights into the dangers of inhaling TCE and PCE.

The Endicott Study, conducted by researchers at New York’s State Department of Health is one of the first studies to examine the health effects of breathing PCE and TCE contaminated air from vapor intrusion. Vapor intrusion is the process whereby TCE and PCE in groundwater beneath homes vaporizes and moves up through the ground and into the air inside homes.

Department of Health Researchers looked at health statistics from 1,440 live births to mothers living above the Endicott groundwater plume between 1978 and 2002, and compared them to health related statistics for children born throughout New York. Their findings were alarming. The researchers found that children born in the Endicott Study area had higher rates of adverse health issues including heart defects and low birth weight. In addition to these findings, a previous health statistics review of the Endicott area by the Department of Health also found a significant elevation in the number of kidney and testicular cancers.

This study provides tangible support for the proposition that inhalation of TCE and PCE via vapor intrusion can be dangerous to human health. Our hope is that the Endicott Study, slated for publication in Environmental Health Perspectives, will be used by state and federal environmental and public health regulators as support for tougher clean-up standards at contaminated industrial sites and to force the corporate polluters responsible for environmental contamination to respond quickly to protect homeowners and their families from the health threats posed by vapor intrusion.]]>Areas Of Practice2012-01-12T12:44:23-06:00http://www.collinslaw.com/pi/blog/files/862835aa87469343e031474baf386aa3-9.html#unique-entry-id-9http://www.collinslaw.com/pi/blog/files/862835aa87469343e031474baf386aa3-9.html#unique-entry-id-9Despite the Illinois statewide ban of fake pot, a.k.a. synthetic marijuana, that took effect January 1st, we continue to hear stories of serious injuries, and sadly deaths, that result from use of this store bought dangerous drug. In addition to the products liability lawsuit our firm is pursuing in DuPage County on behalf of the Dobner family, we are continuing to do whatever we can to spread the word about the dangers of JWH containing products, and their use as a way to get high.

To help make the public more aware of the dangers of products like the “iAroma” product that is the basis of the Dobner lawsuit, our firm has launched a special website devoted exclusively to the dangers of synthetic marijuana, www.stopfakepot.com. There you will find facts, answers to frequently asked questions, and stories about just how dangerous this industry of lab-created drugs is, and the risk it poses to the youth of America. We encourage you to take a look at the site so you can fully understand just what these drugs are all about and why any step to get them of the market: legislative bans, public awareness, and personal injury lawsuits, are all steps in the right direction.]]>Areas Of Practice2012-01-09T09:27:21-06:00http://www.collinslaw.com/pi/blog/files/9e95bd2a304d99f4fee88a201ca3a36c-8.html#unique-entry-id-8http://www.collinslaw.com/pi/blog/files/9e95bd2a304d99f4fee88a201ca3a36c-8.html#unique-entry-id-8The New York Times recently published an article on a study conducted by the Inspector General of the United States Department of Health and Human Services (DHS) which concluded that nearly one in seven medical errors which occurred in the care of Medicare patients are not being recognized and reported.

Hospitals are required to track medical errors and adverse patient events so that they can track their causes and improve patient care. Some of the events which hospitals were not properly recognizing and reporting to Medicare included medication errors, bedsores, and infections. Serious complications, including those which led to death, were also not being reported.

What was most alarming about this study is that it concluded that even when preventable injuries and infections were recognized and reported and investigated, few hospitals changed their practices to prevent such incidents from occurring in the future. The study further found that the main reason such errors were not properly being reported, is that hospital employees were not recognizing that patient harm had occurred, or not realizing that particular events had harmed the patient.

To combat this, Medicare is planning to develop a list of “reportable events” so that hospital staff is clear on which incidents or occurrences are reportable events. A copy of the article can be found here.
]]>Areas Of Practice2011-12-30T14:53:08-06:00http://www.collinslaw.com/pi/blog/files/3e7912dd3f38c7d79a1562b137b299fd-7.html#unique-entry-id-7http://www.collinslaw.com/pi/blog/files/3e7912dd3f38c7d79a1562b137b299fd-7.html#unique-entry-id-7January 1, 2012 will usher in a host of new legislation, including at the national, state, and city level. While every year invariably results in new laws, many that take effect this weekend are directly related to personal injury law, and are things that both the average citizen, and the experienced personal injury lawyer, need to be aware of.

• Synthetic marijuana (a problem our firm is deeply committed to eradicating) will now be illegal -- to the point that it will be a felony to sell possess fake pot across the entire state. Similar laws took effect in cities and towns across the state this year, including one recently enacted in Chicago. This will go a long way to stopping this growing, dangerous problem, but sadly can do nothing for all the families who have already been through tragedies as a result of the dangerous effects of synthetic marijuana.

• Commercial vehicle operators will now be prohibited from using handheld cell phones while operating commercial vehicles like trucks and buses. Distracted driving has caused an untold number of accidents over the years, and personal injury attorneys have already made it standard practice in car accident cases to subpoena cell phone records. This new law is aimed at being proactive in decreasing distracted driving, rather than simply being reactive.

• Repeat offenders with respect to not having mandatory minimum car insurance are subject to heavier fines. This too is a proactive measure to help protect the public. While this may not prevent any car accidents, it will help compensate those who are victims of car accidents. This law will help to provide a means for people to recover for the injuries they suffer at the hands of negligent drivers. Personal injury attorneys have always pushed for legislation like this, as it ensures that lawyers handling car accident claims can do their jobs; meaning there is a way lawyers can actually recover compensation for their clients.

There are many other new laws that take effect January 1st. All citizens, attorneys and non-attorneys alike, should familiarize themselves with these laws, as, one way or another, everyone in Illinois will be effected in some way by at least one.

A summary of new laws can be found here.]]>Areas Of Practice2011-12-22T14:20:18-06:00http://www.collinslaw.com/pi/blog/files/e77946d0cf5bc6ba82d8a6316637af41-6.html#unique-entry-id-6http://www.collinslaw.com/pi/blog/files/e77946d0cf5bc6ba82d8a6316637af41-6.html#unique-entry-id-6The media is once again filled with stories about more contaminated baby food products. This time it is contaminated Enfamil infant formula that is being pulled from store shelves at Wal-Mart stores after a Missouri baby died of a cronobacter infection. Stories like these are an all to regular occurrence that need to end.

Our Firm is already handling a case for the death of an infant due to bacteria contaminated baby formula, a powdered milk fortifier that contained enterobacter sakazakii, a dangerous contaminant that manufactures know can occur in non-sterile milk products. The sad part is, companies know bacteria like this can be present in their baby and infant formula products, know these bacteria cause serious infections in children, yet continue to put these non-sterile products on store shelves. It is sad that the civil justice system is the only place that producers of these dangerous baby products can be forced to answer for what they sell to parents. There is no reason companies should be selling products for babies that contain bacteria that can cause serious, and sometimes fatal, infections. Even worse, some of these products are intended for premies or under-weight infants who are the most susceptible to infection, and are the most in need of quality food products.

Attorneys at our firm would be honored to talk to any parent or other person effected by contaminated baby formula of any kind, as our firm is committed to doing something about solving this problem and doing whatever it can to prevent another needless child illness (or death) from the very food and nutritional products that are supposed to help children grow.]]>Areas Of Practice2011-12-14T17:29:52-06:00http://www.collinslaw.com/pi/blog/files/d8ad00d3d0aef7e20b87abbb676348df-5.html#unique-entry-id-5http://www.collinslaw.com/pi/blog/files/d8ad00d3d0aef7e20b87abbb676348df-5.html#unique-entry-id-5Since our products liability case on behalf of the family of Max Dobner was filed (a copy of the Complaint can be found here), the media has been littered with stories about synthetic pot (also known as iAroma, K2, Spice, or herbal potpourri). Sadly, a number of these stories have been tragic as they relate to the death or hospitalization of young adults who smoked synthetic marijuana, only to suffer serious personal injury, or worse. This has to end, as the injuries and death are senseless, and are the result of businesses trying to skirt the law and sell a product they know is a dangerous drug only to profit off the lives of young people destroyed by the very same product. Our hope is that lawsuits like the one we have filed on behalf of the family of Max Dobner against the store that sold the deadly synthetic marijuana he smoked help to send the message to this multi-billion Dollar industry (yes, multi-billion) that its products, and their tragic consequences, are not welcome on store shelves. That is what the justice system, including personal injury law, is for; bringing about change for the safety of everyone.

There has been some good news in the media lately with regard to the fight to rid the stores of America of this dangerous product. Here in Illinois, largely due to the work of our client Karen Dobner, city and town governments have begun instituting bans of synthetic drugs, including synthetic marijuana. In a great victory, this week the ban passed by the city of Chicago on the sale of synthetic marijuana goes into effect. (click here for a related news story from ABC7 news) This is another step, in addition to lawsuits, to help rid our society of the dangerous practice of marketing drugs to children under the guise of them being legal, and leaving a wake of broken families, addiction, and even death, behind. The website for Karen’s foundation, named in honor of her son Max, can be found here.

If you or someone you know has been hurt, or worse, through use of any synthetic marijuana product, please contact us, as the personal injury lawyers in our office are focused on doing whatever we can to stop this problem before it becomes an epidemic. We are proud to be the attorneys who filed one of the initial (and possibly first) personal injury cases in the nation related to synthetic marijuana. Sadly, the case only exists due to the tragic death of Max Dobner.
]]>Areas Of Practice2011-12-06T16:20:08-06:00http://www.collinslaw.com/pi/blog/files/d7889a9c432a0f3d5f5ea5c8c1bfb0ea-4.html#unique-entry-id-4http://www.collinslaw.com/pi/blog/files/d7889a9c432a0f3d5f5ea5c8c1bfb0ea-4.html#unique-entry-id-4More and more medical providers partner with claim assistance companies to get themselves paid as much as possible (before injury victims even have a chance to talk to any lawyer, let alone a personal injury lawyer). These partnerships lead to serious misinformation for victims injured through no fault of their own, and can result in medical providers profiting off of injured victims. If you are injured through the acts of someone else it is important to know your rights, and know who is really looking out for you when it comes to getting medical bills paid. Not knowing the facts could end up costing you tens of thousands of Dollars.

Most hospitals and doctor’s offices have agreements with health insurance providers where participants in health insurance plans benefit from discounted billing rates for services. When a person is injured in a situation where it is someone else’s fault, these medical providers (doctors, hospitals, labs, etc.) and their claim assist contractors sometimes try to go around the health insurance to try and charge a higher rate. The injury victim is victimized again, out of the discounted rate his or her health insurance company negotiated on his or her behalf. As the victim then becomes responsible to pay the bill directly out of funds received from the person who caused the injury in the first place -- often at dramatically higher rates than those charged through health insurance -- this results in a much smaller recovery. People who pay for health insurance are entitled to all the benefits of that health insurance -- including lower rates for services.

Services that a hospital or doctor inform you of to “help” you with billing will often be situations where “there is absolutely no fee to you” or other similar claims. When you hear that or something like, “we are working on your behalf to get the claim paid faster,” BE AWARE. Think about who’s interest this service really has at heart. Who is paying them? Why is this hospital or doctor’s office so concerned about bringing in someone else to help get it paid?

The work these claim assistance services do often results in “liens” or other obligations on personal injury settlement or trial verdict funds that you as a victim do not yet even have. Without knowing it you may be helping those who treated you charge you more for their services than they agreed with the health insurance company they would charge. Don’t put yourself in such a precarious position when you have already been physically injured. Before involving anyone to “help” you with medical billing or recovery, talk to a qualified, experienced personal injury attorney. Someone you know is working with your best interest at heart, and who is looking out for you. While doctors and hospitals exist to help you physically, it is not their job to look out for you financially; that type of assistance is something for an experienced attorney.]]>Areas Of Practice2011-11-29T12:53:42-06:00http://www.collinslaw.com/pi/blog/files/791761c66a4aece31847c0b009512da2-3.html#unique-entry-id-3http://www.collinslaw.com/pi/blog/files/791761c66a4aece31847c0b009512da2-3.html#unique-entry-id-3Illinois (and the Chicagoland area in particular) is a dangerous place in winter. Snow, sleet, and ice all contribute to slippery surfaces, and invariably lead to slip and fall incidents. This leads to slip and fall personal injury lawsuits. Many people do not understand the legal liability that comes from slip and fall accidents. Any personal injury attorney will tell you, just like with any other type of injury case, a slip and fall case requires that someone did something wrong, before they are responsible to compensate an injured victim.

In Illinois, when it comes to many winter weather fall lawsuits, what constitutes something wrong (i.e., negligence) with respect to snowy and icy areas is set out in the “natural accumulation rule.”

What is the natural accumulation rule? As the Illinois Supreme Court put it in the 2010 case of Krywin v. Chicago Transit Authority: “Under the natural accumulation rule, a landowner or possessor of real property has no duty to remove natural accumulations of ice, snow, or water from its property.” What that means is that if it fell from the sky, and the landowner, operator, or landlord did not do anything to it (did not shovel, salt, plow) if a person falls on it, the landowner, landlord, or operator is not responsible. This rule does not mean that a situation where a person slips and falls on snow or ice means there is no case. The natural accumulation rule demonstrates that when a landowner, landlord, or property operator did do something to try and remove snow or ice, but did it incorrectly, a lawsuit may exist. Negligent snow removal, melting and refreezing of plowed piles of snow, pot holes and broken pavement, dripping gutters that cause ice on sidewalks, and so on can all be the basis of a slip and fall lawsuit for a winter fall (which can often cause massive injuries).

Only an experienced personal injury attorney can advise you as to if you have a case for a slip and fall, or any other injury. Our Firm has handled numerous slip and fall cases, including ones related to snow or ice covered surfaces. Do not take the word of a friend, or believe what you see in the media. If you have been injured and it is not your fault, you should contact a qualified personal injury lawyer to discuss what your options are, and if you have a case.]]>Areas Of Practice2011-11-23T09:54:42-06:00http://www.collinslaw.com/pi/blog/files/67140d2c909b39862adb059a7432a5c8-2.html#unique-entry-id-2http://www.collinslaw.com/pi/blog/files/67140d2c909b39862adb059a7432a5c8-2.html#unique-entry-id-2You have just been injured in some type of accident (car crash, slip and fall, etc.). You are not sure if you have a case or claim. What should you do?

First and foremost: seek medical attention. For your own personal health you should be checked out by a medical professional so you know the full extent of your injuries, giving you the best chance to get better. Also, if there is ever a claim to pursue, this is one of the best ways to document your injuries, and it goes a long way toward supporting any damages you may be entitled to.

Second: take pictures. Pictures of what injured you (the cars involved, the wet floor, the sharp store rack, and so on) are some of the most important things you can have to prove why your injury was not your fault. Pictures of your injury itself are also very important. Taking pictures of an injury every 1-3 days are invaluable in painting a picture of how serious the injury is (showing a cut healing, swelling going down, bruising fading, etc.) and how long it takes to get better.

Third: be careful who you talk to. Sophisticated defendants and their insurance companies often try to take “recorded statements” of victims of accidents within days, and sometimes hours, of an incident. You are under no obligation to give such statements to private parties. While an insurance company may tell you it is in your best interest for you to talk to them and that it will help process your claim faster, don’t be fooled. Remember, it is not their business to help you -- they are not on your side and do not have your best interest at heart.

Fourth: contact a competent personal injury attorney. Figuring out if you have a claim, how much it may be worth, and if it is worth pursuing are things only an experience personal injury attorney can properly help you with. There are many different variables that go into determining if there is a claim and if it is worth pursuing. Personal injury attorneys are can help you determine what to do next. Many personal injury attorneys (including those at our Firm) offer no cost initial consultations; this is a great way to determine if you have a pursuable claim, and what you should do about it.

No one wants to have an accident. Be informed, be educated and know what to do so that if the unthinkable ever happens to you, you are prepared to deal with the situation in a way that is best for you.]]>Areas Of Practice2011-11-16T11:14:00-06:00http://www.collinslaw.com/pi/blog/files/f95b12f75609d19043a35fe23b2d6b1a-1.html#unique-entry-id-1http://www.collinslaw.com/pi/blog/files/f95b12f75609d19043a35fe23b2d6b1a-1.html#unique-entry-id-1It is a fact of life: many people like dogs. Sadly, it is also a fact of life: dogs bite people. Whether or not you are a dog lover, everyone in Illinois needs to be aware that people are required to control their pets. We have repeatedly handled personal injury matters for people bitten by dogs as a result of animal owners who just do not understand that as the owner of a dog, you need to control your animal. Many people are under the incorrect impression that “leash laws” simply require you to have your dog on a leash when you are outside. The fact is that the law in Illinois requires much more. The Illinois “Animal Control Act” sets out:

Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injuries any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

Simply having a leash on a dog, or any other animal, is not enough to insulate the owner from liability - an animal owner must be in control of their animal, otherwise, they are responsible for the animal’s acts. We have represented multiple injury victims in situations where a dog on a leash attacked for no reason. Those victims took no comfort in the fact that the dog that attacked them was on a leash at the time. It is the responsibility of the owner to have a dog under control anytime it is around people.

Thankfully, many homeowner’s insurance policies provide coverage for injuries caused by animals belonging to those insured on the policy, whether it be a dog bite or something else. This protects not only negligent animal owners, but also those injured by dogs and other animals, as without such coverage, these victims would often be forced to shoulder the costs of care and treatment for their injuries (which can often be quite sizeable, even for what may appear to be a simple, minor bite) on their own. If someone else’s animal injures you, you should seek medical treatment as soon as possible. You should document any injuries with photographs. You should then seek competent legal counsel, as a personal injury attorney will be able to advise you as to your rights, and what you are entitled to recover for your injuries.]]>Areas Of Practice2011-11-09T10:20:57-06:00http://www.collinslaw.com/pi/blog/files/f1c3aa1f783eed76e9bb918c862bc49d-0.html#unique-entry-id-0http://www.collinslaw.com/pi/blog/files/f1c3aa1f783eed76e9bb918c862bc49d-0.html#unique-entry-id-0When it comes to drugs, people have always understood that if you need to go to a back alley to buy it, it is probably not something you should put into your body. But times have changed. Now, there are new dangers lurking right around the corner, at convenience stores, smoke shops, gas stations, and even the local mall: synthetic drugs. These “legal” items, such as synthetic marijuana, are not grown in the ground like typical marijuana, but are engineered in labs and designed to be many times more potent than their natural counterparts. However, just because you can buy them in the open (for now) at the local corner store does not make them safe -- far from it.

Our Firm is currently handling a products liability case on behalf of the family of Max Dobner; a young man who died after smoking synthetic marijuana he and a friend purchased at a smoke shop in the neighborhood mall in Aurora, IL. Sadly, delusions and panic attacks like Max suffered are common problems associated with unregulated, designer synthetic drugs, such as the product he smoked, “iAroma Hypnotic.” Legislators are doing whatever they can to keep up and try and ban these dangerous products from the marketplace, but science and technology can move faster than the law. Sadly, common sense has been unable to prevail, and these deadly products continue to be sold -- often to teenagers -- without any warning as to what the stuff is, and what it can do to you. Social media and the internet are often used to target teenagers as customers for these products, making it seem to children that since these products are openly sold on store shelves, and are refereed to as “aromatic potpourri” they are safe. Nothing could be further from the truth. They are not only dangerous, and potentially deadly, they are far from acceptable and legal. Case in point, the three LSU football players recently suspended after testing positive for using these products (click here for an ESPN story on the situation).

Hopefully, personal injury lawsuits like the one we have filed in DuPage County on behalf of the Dobner family will help get these dangerous products off the shelves and send the message to retailers that the public does not want these dangerous chemicals available to kids. Holding those who produce, distribute, and market these items accountable for the poison they are selling can help prevent further tragedies like Max’s death.

Click here to see a recent ABC7 news story on the Max Dobner case, and what the Illinois Attorney General is doing to fight the synthetic marijuana problem.
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