I Can’t Go to Court? – Agreements to waive right to a jury, right to sue, or requiring binding arbitration
05/23/2013 05:03 PM
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 effects 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.
Motorcycle Season Is Upon Us - See And Be Seen
05/16/2013 03:51 PM
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 proper 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.
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 proper 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.
Personal Injury Litigation - What Is Mediation?
05/10/2013 10:13 AM
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 court room, 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 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.
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 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.
Personal Injury Litigation - What Are Affirmative Defenses?
04/26/2013 04:25 PM
“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 everyday (“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.
Affirmative defenses are the proverbial “yeah but” defense. No different than a young child uses everyday (“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.
Another School Bus Tragedy
04/16/2013 11:23 AM
Sadly, earlier this month there was another fatal accident involving a school bus here in Illinois. While the official cause of the incident that left one person dead and dozens injured is still not known, the accident in Lake County highlights the need for better safety and institutional controls when it comes to school buses in Illinois.
Our firm has been involved in multiple school bus cases over recent years, handling cases on behalf of victims including a case of assault by a bus driver and a fatal crash where a school bus stuck a fire truck on the way to call. School buses need to be as safe as possible, not only to protect the children they transport, but also others on the road, as, let’s face it, school buses are large vehicles that can do a lot of damage, and cause serious personal injuries, when they are involved in collisions.
Monitoring the safe operating condition of the buses themselves, making sure the bus drivers are properly qualified, and doing whatever can be done to make sure all school bus drivers are safe operators of the buses should be at the top of anyone’s agenda who has a say in school bus safety. Personal injury lawyers will continue to fight for those injured in school bus accidents, but others need to also do their part to prevent these tragedies from happening in the first place. School bus safety benefits everyone.
Our firm has been involved in multiple school bus cases over recent years, handling cases on behalf of victims including a case of assault by a bus driver and a fatal crash where a school bus stuck a fire truck on the way to call. School buses need to be as safe as possible, not only to protect the children they transport, but also others on the road, as, let’s face it, school buses are large vehicles that can do a lot of damage, and cause serious personal injuries, when they are involved in collisions.
Monitoring the safe operating condition of the buses themselves, making sure the bus drivers are properly qualified, and doing whatever can be done to make sure all school bus drivers are safe operators of the buses should be at the top of anyone’s agenda who has a say in school bus safety. Personal injury lawyers will continue to fight for those injured in school bus accidents, but others need to also do their part to prevent these tragedies from happening in the first place. School bus safety benefits everyone.
It Is Now Even More Important To Be Careful What You Sign
04/05/2013 09:32 AM
As discussed here previously, reading something you are asked to sign, before you sign it, is vitally important in any context, but especially when it comes to personal injury waivers or releases of liability. Americans are routinely bombarded with advanced waivers they are expected to sign before they are allowed to do things like: play sports, work out, join a club, and the list goes on. What many people fail to realize is that by blindly signing these documents people often waive the right to recover for injuries that are not their fault; injuries they probably never even imagined.
Last month an Illinois Appeals Court upheld the dismissal of a suit against a health club in Chicago where a gym member was injured in 2009 -- injuries so severe the victim was rendered a quadriplegic. The reason the case was dismissed was simple: when the victim joined the gym he signed a document that exempted the club from liability for injuries, including injuries caused by the club’s own negligence. Even the appeals court acknowledged “...that upholding the health club’s exculpatory clause in this instance leads to a harsh result.”
Obviously the victim never expected he would be injured while working out, especially to the tragic extent that he was. But, that is why it is so important to think about what you sign before you sign it. When you get in a car you put on your seat belt before you drive anywhere to prevent injury. It is not as if you got in the car saying, “today I am going to get in an accident.” You need to plan before you act, and take into account what could happen, not just what you hope will (or will not) happen.
The language of releases and waivers of liability in personal injury cases vary widely, and can result in some waivers or releases being unenforceable. If you are ever injured in a situation where it is not your fault, even if there is some type of waiver or release involved, you should contact a knowledgable personal injury lawyer as soon as possible. An injury lawyer can advise you of your right and the consequences of any documents you may have signed.
Last month an Illinois Appeals Court upheld the dismissal of a suit against a health club in Chicago where a gym member was injured in 2009 -- injuries so severe the victim was rendered a quadriplegic. The reason the case was dismissed was simple: when the victim joined the gym he signed a document that exempted the club from liability for injuries, including injuries caused by the club’s own negligence. Even the appeals court acknowledged “...that upholding the health club’s exculpatory clause in this instance leads to a harsh result.”
Obviously the victim never expected he would be injured while working out, especially to the tragic extent that he was. But, that is why it is so important to think about what you sign before you sign it. When you get in a car you put on your seat belt before you drive anywhere to prevent injury. It is not as if you got in the car saying, “today I am going to get in an accident.” You need to plan before you act, and take into account what could happen, not just what you hope will (or will not) happen.
The language of releases and waivers of liability in personal injury cases vary widely, and can result in some waivers or releases being unenforceable. If you are ever injured in a situation where it is not your fault, even if there is some type of waiver or release involved, you should contact a knowledgable personal injury lawyer as soon as possible. An injury lawyer can advise you of your right and the consequences of any documents you may have signed.
Personal Injury Litigation - What Is A Complaint?
03/29/2013 03:08 PM
Any type of lawsuit, whether it be personal injury, breach of contract, or otherwise, is initiated by the filing of a complaint. The complaint lays out the basic facts of who the parties to the suit are, what the case is about, and what the plaintiff (in a personal injury case that is the victim who suffered the injury) is claiming the other party did wrong that caused an injury. The complaint gets filed by the plaintiff with the court clerk, and the case is then assigned to a judge so the lawsuit can proceed.
In general, complaints need to conform with one of two standards, “notice pleading” or “fact pleading.” Which applies depends on where the case is filed. A complaint in a personal injury lawsuit in Illinois courts is subject to fact pleading, meaning the complaint must lay out facts, not mere generalizations about the basis of the claim, including details. For example, in a personal injury case for a car accident, things like the name of the responsible driver, where the accident occurred, and specifically what the plaintiff feels the defendant did wrong that was negligent, must be alleged.
These are just a few basic facts about the complaint that initiates a personal injury case in Illinois. There are many more intricate details that need to be addressed before a complaint will be found to be proper and an injury case allowed to proceed. That is why a qualified personal injury attorney is an injured victim’s best advocate when a matter needs to proceed into litigation in order for the injured party to have the best chance to be compensated fully for his or her injuries.
In general, complaints need to conform with one of two standards, “notice pleading” or “fact pleading.” Which applies depends on where the case is filed. A complaint in a personal injury lawsuit in Illinois courts is subject to fact pleading, meaning the complaint must lay out facts, not mere generalizations about the basis of the claim, including details. For example, in a personal injury case for a car accident, things like the name of the responsible driver, where the accident occurred, and specifically what the plaintiff feels the defendant did wrong that was negligent, must be alleged.
These are just a few basic facts about the complaint that initiates a personal injury case in Illinois. There are many more intricate details that need to be addressed before a complaint will be found to be proper and an injury case allowed to proceed. That is why a qualified personal injury attorney is an injured victim’s best advocate when a matter needs to proceed into litigation in order for the injured party to have the best chance to be compensated fully for his or her injuries.
Personal Injury Litigation - What Is A Deposition?
03/18/2013 03:40 PM
In civil litigation, the most powerful tool an experienced attorney has for uncovering the truth of what happened is discovery. Discovery is the term to describe when the parties to a lawsuit not only exchange information amongst themselves, but also are allowed to investigate further and ask question, get documents, and otherwise work to piece together just what took place. One of the most important steps in that search is the deposition.
Despite how TV and movies portray it, a deposition is a rather informal event where a person (the “deponent”) is asked a series of questions under oath. Depositions can take place just about anywhere: lawyer’s offices, the courthouse, or even a deponent’s home (which happens often when the deponent is the injured victim in a personal injury case). A court reporter administers an oath where the deponent swears to tell the truth, and then all parties to the case, usually through their attorneys, can ask questions about almost anything relevant to the case. In Illinois, a deposition is limited to three hours, but can be extended in complicated cases, or under certain circumstances. Other jurisdictions, including federal courts, have different time limits.
Now, a deposition is not an interrogation along the lines of what makes for good entertainment. It is usually very cordial (although any personal injury attorney with some experience will have a few good “war stories” about the goings on of a memorable deposition). After all the questions are asked, the court reporter usually prepares a transcript, and the testimony is preserved. This can be used to not only inform all the parties of what the deponent knows, but also used to “impeach” the witness at trial, if the case goes that far, and the person testifies. To impeach someone is simply to show that they have changed their story.
A deposition is just one of many tools an experienced personal injury attorney, or any litigation attorney, will use in pursuing a case on behalf of a client. While a deposition may sound simple, it is a subtle art to get the deponent to say what is most important to support a case. In injury cases this could be anything from, “what color was the traffic light” to “was it a breach of the standard of care for Dr. Smith to do X?” That is why, if you or someone you care about is injured and it is not their fault, employing the services of a qualified, experienced personal injury attorney is one of the most important steps to take to make sure that full compensation is available.
Despite how TV and movies portray it, a deposition is a rather informal event where a person (the “deponent”) is asked a series of questions under oath. Depositions can take place just about anywhere: lawyer’s offices, the courthouse, or even a deponent’s home (which happens often when the deponent is the injured victim in a personal injury case). A court reporter administers an oath where the deponent swears to tell the truth, and then all parties to the case, usually through their attorneys, can ask questions about almost anything relevant to the case. In Illinois, a deposition is limited to three hours, but can be extended in complicated cases, or under certain circumstances. Other jurisdictions, including federal courts, have different time limits.
Now, a deposition is not an interrogation along the lines of what makes for good entertainment. It is usually very cordial (although any personal injury attorney with some experience will have a few good “war stories” about the goings on of a memorable deposition). After all the questions are asked, the court reporter usually prepares a transcript, and the testimony is preserved. This can be used to not only inform all the parties of what the deponent knows, but also used to “impeach” the witness at trial, if the case goes that far, and the person testifies. To impeach someone is simply to show that they have changed their story.
A deposition is just one of many tools an experienced personal injury attorney, or any litigation attorney, will use in pursuing a case on behalf of a client. While a deposition may sound simple, it is a subtle art to get the deponent to say what is most important to support a case. In injury cases this could be anything from, “what color was the traffic light” to “was it a breach of the standard of care for Dr. Smith to do X?” That is why, if you or someone you care about is injured and it is not their fault, employing the services of a qualified, experienced personal injury attorney is one of the most important steps to take to make sure that full compensation is available.
Why You Need A Good Personal Injury Lawyer
03/05/2013 09:52 AM
Many people do not realize when they are hurt, even in a minor accident, that a good personal injury attorney is an invaluable resource. Some people try to just “handle it on their own,” thinking if something is small in their mind, it is not worth bringing in a personal injury attorney. But, if you have never been in an accident before, how do you know what you are doing? How do you know what your case is worth? Are you really in a position to determine that your case is “small?”
That is what a qualified personal injury lawyer is there to help with. Valuing a claim requires extensive experience in personal injury law, and county by county experience is also important, as the exact same case can be worth several times more in one county of Illinois versus another. When an insurance company offers you money for your claim, if you just say, “that sounds fair,” how do you know that? You need someone who can help you not only determine the fair value for your injury, whether it be from a car accident, nursing home mistake, slip and fall, construction site injury, or anything else, but also how to maximize any recovery.
Medical liens have also become a major issue to be dealt with in personal injury cases. Most people do not realize that even if your health insurance company pays for your medical treatment after an accident, you may be obligated to pay any money your receive for your injuries back to your insurance company. A good personal injury lawyer can not only help navigate that, but use the law to get the amount you need to reimburse your insurance company reduced -- putting more money in your pocket. Injured victims are simply not equipped to deal with sophisticated lienholders looking to get paid.
When you are in an accident, with respect to financial issues, the hospitals, doctors, insurance companies, etc. are NOT on your side and are NOT looking out for you. When you retain a personal injury attorney, that person is required to be loyal to you and look out specifically for your best interest, no one else’s. That is why consulting a lawyer after any type of injury caused by an accident is the most important thing you can do to put you in the best position for a financial recovery as well as a medical one.
That is what a qualified personal injury lawyer is there to help with. Valuing a claim requires extensive experience in personal injury law, and county by county experience is also important, as the exact same case can be worth several times more in one county of Illinois versus another. When an insurance company offers you money for your claim, if you just say, “that sounds fair,” how do you know that? You need someone who can help you not only determine the fair value for your injury, whether it be from a car accident, nursing home mistake, slip and fall, construction site injury, or anything else, but also how to maximize any recovery.
Medical liens have also become a major issue to be dealt with in personal injury cases. Most people do not realize that even if your health insurance company pays for your medical treatment after an accident, you may be obligated to pay any money your receive for your injuries back to your insurance company. A good personal injury lawyer can not only help navigate that, but use the law to get the amount you need to reimburse your insurance company reduced -- putting more money in your pocket. Injured victims are simply not equipped to deal with sophisticated lienholders looking to get paid.
When you are in an accident, with respect to financial issues, the hospitals, doctors, insurance companies, etc. are NOT on your side and are NOT looking out for you. When you retain a personal injury attorney, that person is required to be loyal to you and look out specifically for your best interest, no one else’s. That is why consulting a lawyer after any type of injury caused by an accident is the most important thing you can do to put you in the best position for a financial recovery as well as a medical one.
So Now Winter Really Is Coming!
02/21/2013 10:00 AM
A few months back this blog gave you some important information on winter weather and how it relates to personal injury lawsuits. Well, winter has not made much of an impression on Chicagoland this year...until now. With the biggest storm of the season set to hit Illinois tonight, things like the “natural accumulation rule” and winter driving safety come to mind for any personal injury lawyer in Chicago or the surrounding areas.
What is the natural accumulation rule? Again, 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 personal injury 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).
Be careful out there. But, if the unfortunate or unthinkable happens to you as the snow and ice falls, remember, only an experienced personal injury attorney can advise you as to if you have a case for a slip and fall, car accident, or any other injury related to snow and ice accumulation. Our Firm has handled numerous slip and fall cases, including ones related to snow or ice covered surfaces at malls, businesses, and in residential areas. The same is true of car accident cases caused by winter conditions (of which there will probably be many over the next day or two). Do not take the word of a friend, or believe what you see in the media. If you have been injured, you should contact a qualified personal injury lawyer to discuss what your options are, and if you have a case.
What is the natural accumulation rule? Again, 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 personal injury 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).
Be careful out there. But, if the unfortunate or unthinkable happens to you as the snow and ice falls, remember, only an experienced personal injury attorney can advise you as to if you have a case for a slip and fall, car accident, or any other injury related to snow and ice accumulation. Our Firm has handled numerous slip and fall cases, including ones related to snow or ice covered surfaces at malls, businesses, and in residential areas. The same is true of car accident cases caused by winter conditions (of which there will probably be many over the next day or two). Do not take the word of a friend, or believe what you see in the media. If you have been injured, you should contact a qualified personal injury lawyer to discuss what your options are, and if you have a case.
Sunland Salmonella Outbreak Update
02/14/2013 10:30 AM
The U.S. Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC) and state and local health officials investigated an outbreak of Salmonella Bredeney infections linked to Trader Joe’s Valencia Creamy Salted Peanut Butter, with SKU # 97111, made by Sunland Inc. of Portales, New Mexico. On November 30, 2012, the CDC issued a final update reporting that this outbreak appeared to be over, after a total of 42 people from 20 states (including Illinois) were infected. Other effected states include: Arizona, California, Connecticut, Louisiana, Massachusetts, West Virginia, Maryland, Michigan, Minnesota, Missouri, New Jersey, New Mexico, New York, Nevada, North Carolina, Pennsylvania, Rhode Island, Texas, and Virginia.
Most people injured by the contaminated food were infected with Salmonella and developed diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts from four days to a week. In some people, the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. Young children, the elderly, and those with compromised immune systems are the most likely to have severe infections. It is estimated that Approx. 400 persons die every year with acute salmonellosis.
The FDA found that between June 2009 and August 2012, Sunland Inc. had distributed, or cleared for distribution, peanut and almond butter after testing identified the presence of at least one of nine different Salmonella types in those lots. Two of these lots showed the presence of the outbreak strain of Salmonella Bredeney. Further, during the inspection of the processing plant in 2012, the FDA found the presence of Salmonella in numerous environmental samples, including Salmonella Bredney. Investigators found that employees improperly handled equipment used to hold and store food. There were no hand washing sinks in the peanut processing building production or packaging areas and employees had bare-handed contact with ready-to-package peanuts. This is in addition to numerous other problems with the handling and storage of equipment, and products, both raw and cooked.
On November 26, 2012, the FDA suspended the “food facility” registration of Sunland, Inc. which is required for a facility that manufactures, processes, or holds food in the United States. This was the FDA’s first use of its suspension authority under the Food Safety Modernization Act. On December 21, 2012, U.S. District Judge William P. Johnson signed a consent decree imposing requirements on Sunland Inc.to keep potentially harmful products from entering the market. Based on the requirements of the decree, the FDA reinstated Sunland’s food facility registration. However, the company cannot process or distribute food from its peanut butter plant or peanut mill plant until it has complied with the consent decree’s requirements to the FDA’s satisfaction. The consent decree requires actions including that Sunland retain an independent sanitation expert to develop a sanitation control program that the company must then implement, and, the company must conduct environmental monitoring and testing to ensure that disease-causing organisms are not present in its facility or in its food products.
Hopefully, all these steps will go a long way toward preventing any future injuries due to food poisoning or other food borne illnesses. More information on the situation can be found by clicking here.
Most people injured by the contaminated food were infected with Salmonella and developed diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts from four days to a week. In some people, the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. Young children, the elderly, and those with compromised immune systems are the most likely to have severe infections. It is estimated that Approx. 400 persons die every year with acute salmonellosis.
The FDA found that between June 2009 and August 2012, Sunland Inc. had distributed, or cleared for distribution, peanut and almond butter after testing identified the presence of at least one of nine different Salmonella types in those lots. Two of these lots showed the presence of the outbreak strain of Salmonella Bredeney. Further, during the inspection of the processing plant in 2012, the FDA found the presence of Salmonella in numerous environmental samples, including Salmonella Bredney. Investigators found that employees improperly handled equipment used to hold and store food. There were no hand washing sinks in the peanut processing building production or packaging areas and employees had bare-handed contact with ready-to-package peanuts. This is in addition to numerous other problems with the handling and storage of equipment, and products, both raw and cooked.
On November 26, 2012, the FDA suspended the “food facility” registration of Sunland, Inc. which is required for a facility that manufactures, processes, or holds food in the United States. This was the FDA’s first use of its suspension authority under the Food Safety Modernization Act. On December 21, 2012, U.S. District Judge William P. Johnson signed a consent decree imposing requirements on Sunland Inc.to keep potentially harmful products from entering the market. Based on the requirements of the decree, the FDA reinstated Sunland’s food facility registration. However, the company cannot process or distribute food from its peanut butter plant or peanut mill plant until it has complied with the consent decree’s requirements to the FDA’s satisfaction. The consent decree requires actions including that Sunland retain an independent sanitation expert to develop a sanitation control program that the company must then implement, and, the company must conduct environmental monitoring and testing to ensure that disease-causing organisms are not present in its facility or in its food products.
Hopefully, all these steps will go a long way toward preventing any future injuries due to food poisoning or other food borne illnesses. More information on the situation can be found by clicking here.
One Crash, Two Claims - Car Accident Issues
02/07/2013 11:46 AM
Many people do not realize that when they are in a car accident, whether minor or serious, two potential claims are created: property damage and bodily injury. With the way insurance polices are written these days, and the way the claims are processed, it is important for the average driver to understand the realities of how to get compensated for injuries suffered in a car accident, whether they be realted to your property or your body.
Property Damage. The most common claim that gets attributed to a property damage portion of a policy is the damage to the car itself. But, it is not just limited to that. Items in the car, articles of clothing, or even damage to the area around the crash, all fall under property damage. The owners of this property are entitled to fair compensation for the value of what they lost, often determined by the fair market value of the item immediately before it was damaged, or the cost to fix it and put it back in the condition it was in immediately before it was damaged. What drivers need to be aware of is that these claims are often assigned to insurance adjusters who just handle these types of claims, and not bodily injury claims. Thus, for one accident, there can not only be two claims, but two insurance adjusters as well.
Bodily Injury. These claims are for the people physically hurt in a car crash, whether they be the driver, a passenger, or even someone outside of the cars that was struck. Their personal injury claims fall under bodily injury coverage provisions of insurance policies. Whether the injuries are minor, some bumps and bruises, up to broken bones, concussions, or even death, all claims for injuries to a person in a car accident fall under bodily injury coverage.
Given the complexities of modern insurance policies, and the practices of some insurance companies in processing claims, it is important that you know your rights if you are injured in a car accident, or any type of accident. Only an experience attorney can properly advise you of what your rights are in any given situation involving a car accident. Before giving any type of statement to an insurance company, if you are in an accident and suffered any type of injury, you should speak with an attorney who has your interest in mind.
Property Damage. The most common claim that gets attributed to a property damage portion of a policy is the damage to the car itself. But, it is not just limited to that. Items in the car, articles of clothing, or even damage to the area around the crash, all fall under property damage. The owners of this property are entitled to fair compensation for the value of what they lost, often determined by the fair market value of the item immediately before it was damaged, or the cost to fix it and put it back in the condition it was in immediately before it was damaged. What drivers need to be aware of is that these claims are often assigned to insurance adjusters who just handle these types of claims, and not bodily injury claims. Thus, for one accident, there can not only be two claims, but two insurance adjusters as well.
Bodily Injury. These claims are for the people physically hurt in a car crash, whether they be the driver, a passenger, or even someone outside of the cars that was struck. Their personal injury claims fall under bodily injury coverage provisions of insurance policies. Whether the injuries are minor, some bumps and bruises, up to broken bones, concussions, or even death, all claims for injuries to a person in a car accident fall under bodily injury coverage.
Given the complexities of modern insurance policies, and the practices of some insurance companies in processing claims, it is important that you know your rights if you are injured in a car accident, or any type of accident. Only an experience attorney can properly advise you of what your rights are in any given situation involving a car accident. Before giving any type of statement to an insurance company, if you are in an accident and suffered any type of injury, you should speak with an attorney who has your interest in mind.
Bed Bugs - Chicago's Newest Problem
01/30/2013 04:12 PM
As the media has reported, Chicago is now the #1 city in the country for bed bug problems. Officials at Orkin have indicated that it got more bed bug business in Chicago last year than any other city in the U.S. The parasitic insects bite, feeding on blood (much like mosquitos), and can linger without feeding for several months. According to doctors, allergic reactions to bed bug bites can get so bad they force some patients to come to a hospital emergency room.
Once thought only to be a problem related to dirty hotel rooms, or rundown boarding houses, the problem of bed bug bites now seems to be growing.
A Chicago City Council committee held a hearing on 1/29/13 on a plan to get tough on the problem of bed bugs in Chicago. An ordinance has been proposed by three city alderman aimed at reducing the problem of bed bugs in Chicago. A debate is swirling regarding whose fault bedbugs are: landlords or tenants? Landlords say the problem is not from poor upkeep on properties, or even vacant properties (which are often cited as sources of rat and roach problems) and in fact say the problem comes from tenants who bring the pests in with them. Tenant rights groups fear that an ordinance targeting tenants as the problem will result in people being unfairly evicted when the pests are discovered, rather than trying to effectively combat the problem. It seems that, as with most political issues, the debate on how to deal with the problem from a prevention standpoint will go on well into the future.
If you or someone you know has been effected by the growing bed bug problem in Chicago, or anywhere else, you should contact an Illinois personal injury attorney as soon as possible. Only a qualified, experienced personal injury attorney can properly advise you as to what your rights are, and if you might be entitled to compensation for the injuries you suffered through bed bug bites, whether it be in a hotel, apartment, or anywhere else.
Once thought only to be a problem related to dirty hotel rooms, or rundown boarding houses, the problem of bed bug bites now seems to be growing.
A Chicago City Council committee held a hearing on 1/29/13 on a plan to get tough on the problem of bed bugs in Chicago. An ordinance has been proposed by three city alderman aimed at reducing the problem of bed bugs in Chicago. A debate is swirling regarding whose fault bedbugs are: landlords or tenants? Landlords say the problem is not from poor upkeep on properties, or even vacant properties (which are often cited as sources of rat and roach problems) and in fact say the problem comes from tenants who bring the pests in with them. Tenant rights groups fear that an ordinance targeting tenants as the problem will result in people being unfairly evicted when the pests are discovered, rather than trying to effectively combat the problem. It seems that, as with most political issues, the debate on how to deal with the problem from a prevention standpoint will go on well into the future.
If you or someone you know has been effected by the growing bed bug problem in Chicago, or anywhere else, you should contact an Illinois personal injury attorney as soon as possible. Only a qualified, experienced personal injury attorney can properly advise you as to what your rights are, and if you might be entitled to compensation for the injuries you suffered through bed bug bites, whether it be in a hotel, apartment, or anywhere else.
Medical Malpractice Law Officially Changed In Illinois
01/21/2013 08:30 AM
As reported here several weeks ago, Illinois has been looking into revising its complicated law on the attorney fees medical malpractice attorneys could take in a contingent case. Previously there was a graduated scale that capped the fee depending on the level of recovery, but allowed for petitions by injury attorneys to recover above those caps for difficult cases (which happened on a regular basis). This slowed the finalization of medical malpractice cases, and required injury attorneys to jump through unnecessary hoops before all monies could be paid to those most deserving of them: the injured victims.
We are glad to report that HB 5151 was signed by Illinois Governor Quinn and is now law (P.A. 97-1145). This law caps the award a personal injury attorney can take in a medical malpractice lawsuit at 1/3 of the amount recovered for the victim. This will go a long way towards simplifying recoveries in malpractice cases, and maximizing the return for victims, while at the same time shortening the recovery process and streamlining the steps that need to be taken in court in a malpractice case.
If you or a loved one has be injured in an accident, including one involving any type of medical negligence or medical malpractice, please contact an experienced injury attorney to discuss the situation. Only a qualified and experienced injury attorney can properly evaluate the situation and determine if there is a case to be pursued.
We are glad to report that HB 5151 was signed by Illinois Governor Quinn and is now law (P.A. 97-1145). This law caps the award a personal injury attorney can take in a medical malpractice lawsuit at 1/3 of the amount recovered for the victim. This will go a long way towards simplifying recoveries in malpractice cases, and maximizing the return for victims, while at the same time shortening the recovery process and streamlining the steps that need to be taken in court in a malpractice case.
If you or a loved one has be injured in an accident, including one involving any type of medical negligence or medical malpractice, please contact an experienced injury attorney to discuss the situation. Only a qualified and experienced injury attorney can properly evaluate the situation and determine if there is a case to be pursued.
New Year, New Laws
01/18/2013 10:48 AM
January 1st always rings in some new legislation in Illinois. Here are just a few of the new laws you should be aware of, that impact on safety and prevention of personal injuries:
Cell Phone Ban - Cell phone use is now banned in all construction zones in the state of Illinois, not just the ones where there is a reduced speed limit. This can go a long way towards helping keep workers, and other drivers from becoming accident statistics, as a large percentage of car accidents in construction zones that result in personal injuries can be tied back to distracted drivers.
Commercial Vehicle Handheld Cell Phone / Texting Ban - Drivers of commercial vehicles are now prohibited from using hand held mobile phones or texting while driving, whether in a construction zone or not. The public safety and prevention of personal injury claims is obvious for this law, given the number of car accidents and truck accidents distracted driving is responsible for causing.
Car Accident Procedures - Individuals are now allowed to move their vehicles to the nearest safe location (such as an off ramp or access road) following an accident were there are no injuries, but solely property damage. This will not only help all drivers by speeding up the flow of traffic, but will also prevent secondary accidents that can occur due to “gapers” or other vehicles not appreciating the stopped vehicles in their path (which any personal injury attorney can tell you results in a high number of rear end car accidents). However, under this new law the drivers involved are still required to exchange information and / or contact the pertinent authorities after the collision.
There are many other new laws that took effect this month. A full list can be found here.
Cell Phone Ban - Cell phone use is now banned in all construction zones in the state of Illinois, not just the ones where there is a reduced speed limit. This can go a long way towards helping keep workers, and other drivers from becoming accident statistics, as a large percentage of car accidents in construction zones that result in personal injuries can be tied back to distracted drivers.
Commercial Vehicle Handheld Cell Phone / Texting Ban - Drivers of commercial vehicles are now prohibited from using hand held mobile phones or texting while driving, whether in a construction zone or not. The public safety and prevention of personal injury claims is obvious for this law, given the number of car accidents and truck accidents distracted driving is responsible for causing.
Car Accident Procedures - Individuals are now allowed to move their vehicles to the nearest safe location (such as an off ramp or access road) following an accident were there are no injuries, but solely property damage. This will not only help all drivers by speeding up the flow of traffic, but will also prevent secondary accidents that can occur due to “gapers” or other vehicles not appreciating the stopped vehicles in their path (which any personal injury attorney can tell you results in a high number of rear end car accidents). However, under this new law the drivers involved are still required to exchange information and / or contact the pertinent authorities after the collision.
There are many other new laws that took effect this month. A full list can be found here.
Medical Malpractice Law Changes On The Way
01/03/2013 04:10 PM
This week a panel of the Illinois senate advanced legislation which would modify attorney fee provisions of the current statute related to medical negligence lawsuits. Presently, attorneys representing those injured in medical malpractice cases can only charge 1/3 on the first $150,000 of a recovery, 1/4 of the next $850,000 recovered, and then only 1/5 of any damages recovered in excess of $1,000,000. However, currently, plaintiff’s personal injury attorneys handling malpractice cases can petition the court to for fee awards of 40-50% of the recovery under extraordinary circumstances.
The measure the executive committee advanced would change the law to a flat 1/3 maximum recovery for attorney fees, which is in line with most other typical personal injury cases, such as car accidents, slip and falls, etc. This would eliminate the petitions for excessive fee awards for extraordinary circumstances, and make the fees recoverable more consistent with other types of personal injury cases in Illinois, ceasing the outlier status of medical negligence cases.
The measure is being opposed by certain medical organizations, such as the Illinois State Medical Society, as it feels that this change would be a windfall for plaintiff’s lawyers in Illinois. However, many legal organizations and lawyers support the measure as not only does it simplify the law, but also accounts for the fact that medical malpractice cases are far more complex and difficult to pursue than many other types of personal injury matters where 1/3 attorney fee agreements are the norm. Currently, medical malpractice is the only area of Illinois law where attorney’s fees for the lawyers representing victims are subject to a sliding scale based on the size of the recovery.
Please check back for updates on this developing area of personal injury law in Illinois.
The measure the executive committee advanced would change the law to a flat 1/3 maximum recovery for attorney fees, which is in line with most other typical personal injury cases, such as car accidents, slip and falls, etc. This would eliminate the petitions for excessive fee awards for extraordinary circumstances, and make the fees recoverable more consistent with other types of personal injury cases in Illinois, ceasing the outlier status of medical negligence cases.
The measure is being opposed by certain medical organizations, such as the Illinois State Medical Society, as it feels that this change would be a windfall for plaintiff’s lawyers in Illinois. However, many legal organizations and lawyers support the measure as not only does it simplify the law, but also accounts for the fact that medical malpractice cases are far more complex and difficult to pursue than many other types of personal injury matters where 1/3 attorney fee agreements are the norm. Currently, medical malpractice is the only area of Illinois law where attorney’s fees for the lawyers representing victims are subject to a sliding scale based on the size of the recovery.
Please check back for updates on this developing area of personal injury law in Illinois.
Distracted Driving - Even More Concerning In The Winter Months
12/26/2012 08:40 AM
Distracted driving is a problem; we all know it. But in the winter months, especially in areas like Chicago and the surrounding counties, being 100% focused on driving while behind the wheel is of vital importance. Black ice, snow removal equipment, and changing road conditions can all cause serious car accidents in the blink of an eye...accidents that could often be prevented if drivers focused on the task at hand, driving.
In the wintertime, stopping distances increase as grip levels from the road surface decrease. Thus, drivers are already at a disadvantage when it comes to stopping and otherwise avoiding a dangerous collision. Add to that the delay from a distracted driver who is texting, fumbling with a hand held cell phone, or engaging in social gaming while behind the wheel, and accidents will happen -- accidents that can cause serious personal injuries and even be fatal.
Think about it, when that big salt spreading plow truck changes lanes in front of you, don’t you think you should be focused on the road, and not updating your status? No matter how good a driver you think you are, the laws of physics always rule, and in the winter you are already behind the eight ball when it comes to controlling your car out on the streets. Your eyes, and your mind, need to be focused on the road to avoid injuring not only yourself, but others on the road in cars, buses, and trucks.
If you are the unfortunate victim of a distracted driver, or any winter car crash, you should contact an experienced personal injury lawyer as soon as possible to find out what your rights are.
In the wintertime, stopping distances increase as grip levels from the road surface decrease. Thus, drivers are already at a disadvantage when it comes to stopping and otherwise avoiding a dangerous collision. Add to that the delay from a distracted driver who is texting, fumbling with a hand held cell phone, or engaging in social gaming while behind the wheel, and accidents will happen -- accidents that can cause serious personal injuries and even be fatal.
Think about it, when that big salt spreading plow truck changes lanes in front of you, don’t you think you should be focused on the road, and not updating your status? No matter how good a driver you think you are, the laws of physics always rule, and in the winter you are already behind the eight ball when it comes to controlling your car out on the streets. Your eyes, and your mind, need to be focused on the road to avoid injuring not only yourself, but others on the road in cars, buses, and trucks.
If you are the unfortunate victim of a distracted driver, or any winter car crash, you should contact an experienced personal injury lawyer as soon as possible to find out what your rights are.
Winter Weather Is Coming...
12/06/2012 03:11 PM
While it may not seem like it today, winter weather is on the way any day. Illinois (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 on streets, sidewalks, and parking lots 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 related to snow and ice accumulation. Our Firm has handled numerous slip and fall cases, including ones related to snow or ice covered surfaces at malls, businesses, and in residential areas. 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.
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 on streets, sidewalks, and parking lots 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 related to snow and ice accumulation. Our Firm has handled numerous slip and fall cases, including ones related to snow or ice covered surfaces at malls, businesses, and in residential areas. 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.
You've Been In A Car Accident Caused By Someone Without Insurance, Now What?
12/06/2012 03:10 PM
Being in a car accident, whether you are injured or not, is bad; it is even worse when the accident was not your fault. But the worst would be to be injured in a car accident that was not only not your fault, but one where the person who was at fault did not have any insurance, or not enough insurance to fairly compensate you for your injuries, pain and suffering, lost time, and lost income. So what can you do?
Many motorists are not aware of the fact that many car insurance policies provide what is known as “UM/UIM” coverage, or, “Uninsured Motorist / Under Insured Motorist” coverage. This simply means that if the person who caused the accident does not have any insurance, or in many situations not enough insurance coverage, your own insurance will compensate you for your injuries. Whether or not this coverage is available to you when you suffer injuries in any type of accident (car accident, truck accident, bus accident, or otherwise) can be complicated, so consulting an experienced personal injury attorney as soon as possible is an important first step in addressing these issues.
Seasoned personal injury attorneys are familiar with how your own insurance coverage can be used to compensate you for your injuries when an accident was not your fault. Even in situations where you, the injury victim, may not think there is coverage available to you, an experienced lawyer can be your best asset in terms of trying to find ways to make sure you are fairly compensated for your injuries.
Many motorists are not aware of the fact that many car insurance policies provide what is known as “UM/UIM” coverage, or, “Uninsured Motorist / Under Insured Motorist” coverage. This simply means that if the person who caused the accident does not have any insurance, or in many situations not enough insurance coverage, your own insurance will compensate you for your injuries. Whether or not this coverage is available to you when you suffer injuries in any type of accident (car accident, truck accident, bus accident, or otherwise) can be complicated, so consulting an experienced personal injury attorney as soon as possible is an important first step in addressing these issues.
Seasoned personal injury attorneys are familiar with how your own insurance coverage can be used to compensate you for your injuries when an accident was not your fault. Even in situations where you, the injury victim, may not think there is coverage available to you, an experienced lawyer can be your best asset in terms of trying to find ways to make sure you are fairly compensated for your injuries.
Salmonella Outbreak Linked to Peanut Butter - Plant Shut Down By FDA
11/27/2012 09:01 AM
Yesterday, the FDA suspended Sunland Inc.’s Food Facility Registration and prohibited it from distributing food following the discovery of salmonella bacteria in its manufacturing facilities in New Mexico. The FDA is linking the bacteria to an outbreak of Salmonella Bredeney that has caused illness to 41 people in 20 states. The “nut butter” products include “Trader Joe’s Valencia Creamy Salted Peanut Butter” which has already been recalled. The scope of the investigation has widened as more illness causing problems have been found, and the recall has been expanded to include 49 products that are currently within the “Best If Used By” dates. These contaminated products go far beyond simple peanut butter and include:
Peanut Butter;
Almond Butter;
Cashew Butter;
Tahini products;
Roasted Blanched Peanut products;
Thai Ginger Butter;
Chocolate Butter;
In-shell peanuts;
Shelled peanuts; and
Banana Butter.
The FDA urges consumers NOT to eat the recalled dangerous products, and specifically they should not be consumed by the elderly and children younger than 5 years old, as serious injury may result. Consumers who have the identified products manufactured by Sunland (which are sold under many different names) are urged to either return the products to the place they were purchased from, or dispose of them. This includes all nut and seed spreads made by Sunland, Inc. with “Best If Used By” dates of March 1, 2011 or later. A link to the FDA page on this situation, which includes the full list of recalled products which are being linked by the FDA to serious illnesses, can be found here.
If you or a loved one has been sickened by any of these products, you should seek medical attention immediately, and contact an experienced personal injury attorney to determine what your rights are. If the contaminated products caused you to be sickened with Salmonella, you may be entitled to recover for your injuries, but you have a limited time to make a claim. Only an experienced personal injury attorney can properly counsel you on your rights, and such an attorney is the best person to help get dangerous food products like these off the market.
Peanut Butter;
Almond Butter;
Cashew Butter;
Tahini products;
Roasted Blanched Peanut products;
Thai Ginger Butter;
Chocolate Butter;
In-shell peanuts;
Shelled peanuts; and
Banana Butter.
The FDA urges consumers NOT to eat the recalled dangerous products, and specifically they should not be consumed by the elderly and children younger than 5 years old, as serious injury may result. Consumers who have the identified products manufactured by Sunland (which are sold under many different names) are urged to either return the products to the place they were purchased from, or dispose of them. This includes all nut and seed spreads made by Sunland, Inc. with “Best If Used By” dates of March 1, 2011 or later. A link to the FDA page on this situation, which includes the full list of recalled products which are being linked by the FDA to serious illnesses, can be found here.
If you or a loved one has been sickened by any of these products, you should seek medical attention immediately, and contact an experienced personal injury attorney to determine what your rights are. If the contaminated products caused you to be sickened with Salmonella, you may be entitled to recover for your injuries, but you have a limited time to make a claim. Only an experienced personal injury attorney can properly counsel you on your rights, and such an attorney is the best person to help get dangerous food products like these off the market.
Meningitis Linked Pharmacy Owner Avoids Questions
11/16/2012 01:56 PM
As reported by the Associated Press earlier this week, the owner and director of the specialty pharmacy tied to the deadly meningitis outbreak declined to testify before a congressional committee investigating the matter. A copy of the article can be found here.
After repeated questioning by House lawmakers, Barry Cadden, co-founder of the New England Compound Center, told the House, "Under advice of counsel, I respectfully decline to answer under basis of my constitutional rights and privileges, including the Fifth Amendment." Lawmakers continued to ask Cadden questions in an attempt to get answers related to the meningitis contamination that has sickened in excess of 400 people and caused over 30 deaths.
As noted here several weeks ago, the NECC has been closed since October, and Massachusetts state officials have taken steps to revoke its license. The pharmacy recalled all the products it makes, including over 17,000 vials of a steroid that tested positive for the fungus tied to the outbreak. Fungal meningitis causes numerous medical problems, most notably, inflammation of the lining of the brain and spinal cord. Inspections last month by state and federal officials found numerous potential contaminants at NECC's now closed facility, including standing water and mold, despite the fact that compounded drugs are supposed to be prepared in temperature-controlled “clean rooms” to best maintain sterility.
Victims of this horrible outbreak continue to be discovered, as those impacted continue to have problems. If you think you or someone you love has been touched by this tragic set of circumstances, please consult an experienced personal injury attorney to determine what your rights are, and know that you only have a limited time to pursue any personal injury claims for illness or death caused by this meningitis outbreak linked to contaminated medications.
After repeated questioning by House lawmakers, Barry Cadden, co-founder of the New England Compound Center, told the House, "Under advice of counsel, I respectfully decline to answer under basis of my constitutional rights and privileges, including the Fifth Amendment." Lawmakers continued to ask Cadden questions in an attempt to get answers related to the meningitis contamination that has sickened in excess of 400 people and caused over 30 deaths.
As noted here several weeks ago, the NECC has been closed since October, and Massachusetts state officials have taken steps to revoke its license. The pharmacy recalled all the products it makes, including over 17,000 vials of a steroid that tested positive for the fungus tied to the outbreak. Fungal meningitis causes numerous medical problems, most notably, inflammation of the lining of the brain and spinal cord. Inspections last month by state and federal officials found numerous potential contaminants at NECC's now closed facility, including standing water and mold, despite the fact that compounded drugs are supposed to be prepared in temperature-controlled “clean rooms” to best maintain sterility.
Victims of this horrible outbreak continue to be discovered, as those impacted continue to have problems. If you think you or someone you love has been touched by this tragic set of circumstances, please consult an experienced personal injury attorney to determine what your rights are, and know that you only have a limited time to pursue any personal injury claims for illness or death caused by this meningitis outbreak linked to contaminated medications.
Amtrak Train Accident Causes Injuries
11/09/2012 10:39 AM
Late last month an Amtrak train derailed at high speed in Michigan after departing from Chicago and stopped only 21 feet before it would have collided with parked freight train cars. According to NTSB investigators, moments before the accident, the train crossed over a misaligned track switch that diverted it into a rail yard. Nine people on the train were injured, which is lucky, as the train was carrying 178 people at the time of the incident, so things could have been much worse had the impending collision occurred. But, this is of little comfort to those nine who were injured. The train carried 174 passengers and four crew members, and service between Michigan and Chicago was disrupted after the accident.
In Illinois, operators of trains, buses, and other public modes of transportation are considered “common carriers” under the law. Common carriers are held to a higher standard of safety. The law is clear that they must do more than simply be free from negligence. This is a matter of public policy to try and protect passengers and the general public from personal injuries caused by public transportation. Personal injury attorneys work every day to make sure that these common carriers adhere to their responsibilities.
If you or someone you know has been injured on a bus, train or plane, contact one of our personal injury attorneys to discuss the situation, as you may be entitled to recover for your injuries, including lost wages, pain and suffering, disfigurement, and other categories of damages. Only an experienced personal injury attorney can tell you what your rights truly are, and if you have a lawsuit that should be pursued after a bus, train, or plane accident.
In Illinois, operators of trains, buses, and other public modes of transportation are considered “common carriers” under the law. Common carriers are held to a higher standard of safety. The law is clear that they must do more than simply be free from negligence. This is a matter of public policy to try and protect passengers and the general public from personal injuries caused by public transportation. Personal injury attorneys work every day to make sure that these common carriers adhere to their responsibilities.
If you or someone you know has been injured on a bus, train or plane, contact one of our personal injury attorneys to discuss the situation, as you may be entitled to recover for your injuries, including lost wages, pain and suffering, disfigurement, and other categories of damages. Only an experienced personal injury attorney can tell you what your rights truly are, and if you have a lawsuit that should be pursued after a bus, train, or plane accident.
Fungal Meningitis Linked To Contaminated Medications
11/01/2012 09:13 AM
As of October 22nd, the U.S. Centers for Disease Control and Prevention (CDC) had identified 54 lab confirmed cases of fungal meningitis as part of a nationwide outbreak of the illness linked to contaminated steroid shots from a Massachusetts pharmacy, the New England Compounding Center (NECC). The CDC is reporting 29 deaths in the outbreak. The CDC and U.S. Food and Drug Administration (FDA) have issued a joint statement saying that they had confirmed the presence of a fungus known as Exserohilum Rostratum in unopened medication vials of the steroid methylprednisolone acetate from two of three lots that were shipped by the Massachusetts-based pharmacy. According to news reports, many of the meningitis cases in this outbreak have been linked to the fungus Exserohilum Rostratum. Ameridose, LLC is also being investigated as part of the fungal meningitis outbreak due to its relationship with NECC.
According to the CDC website on fungal meningitis, signs and symptoms may include the following:
The FDA has urged physicians to follow up with patients when the following conditions have been met:
According to the CDC website on fungal meningitis, signs and symptoms may include the following:
- Fever
- Headache
- Stiff neck
- Nausea and vomiting
- Sensitivity to light
- Altered mental status
The FDA has urged physicians to follow up with patients when the following conditions have been met:
- They received an injected product purchased from or produced by NECC, including an injectable ophthalmic drug used in conjunction with eye surgery, or a cardioplegic solution,
- The medication was shipped by NECC on or after May 21, 2012, and
- The medication was administered to patients on or after May 21, 2012.
Illinois Roadway Fatalities Increase Over Same Time Last Year
10/23/2012 03:32 PM
As of today, the Illinois Department Of Transportation reports that there have been 791 fatalities on all roadways within Illinois this year. That is 39 more than the same time last year. Sadly in 158 of these incidents at least one of the drivers did not have a valid driver’s license.
No matter how safe cars are made to be, dangerous drivers still cause car accidents, still injury people and sadly, still cause fatal car crashes. Roughly 20% of the fatal crashes this year in Illinois involved drivers who did not abide by the most basic rule of the road: to drive a vehicle you need a valid license. The traffic courts and criminal system will deal with these drivers with no regard for the others on the road on behalf of “the people” of Illinois. But what about the injured victims, what about the families of those who are left behind after a loved one is killed at the hands of someone who has so little regard for fellow people on the road? Personal injury attorneys are confronted with these questions every single day. It is the personal injury attorney who needs to do whatever she or he can to try and get people to take responsibility for the injuries they cause, the actions they take, and the damage they do. Drive safely.
No matter how safe cars are made to be, dangerous drivers still cause car accidents, still injury people and sadly, still cause fatal car crashes. Roughly 20% of the fatal crashes this year in Illinois involved drivers who did not abide by the most basic rule of the road: to drive a vehicle you need a valid license. The traffic courts and criminal system will deal with these drivers with no regard for the others on the road on behalf of “the people” of Illinois. But what about the injured victims, what about the families of those who are left behind after a loved one is killed at the hands of someone who has so little regard for fellow people on the road? Personal injury attorneys are confronted with these questions every single day. It is the personal injury attorney who needs to do whatever she or he can to try and get people to take responsibility for the injuries they cause, the actions they take, and the damage they do. Drive safely.
Contaminated Baby Food And Baby Formula Claims Continue To Surface
10/19/2012 03:48 PM
Recently another case involving Mead Johnson baby food products was filed alleging contamination caused serious harm to the most precious of people: infants. Our firm has been pursuing a similar wrongful death case related to the infection entobactera sakazakii, which is a bacteria known to only be transmitted in this country through non-sterile milk products.
The families of a three babies sickened by a rare bacterial infection, including a 10-day-old Missouri infant who died, filed a lawsuit against the Illinois-based manufacturer (Mead Johnson) of a powdered baby formula that they believe is responsible. The lawsuit filed by the families’ attorneys contends the babies were sickened by Cronobacter sakazakii bacteria, which has been associated with tainted powdered infant formula. The suit alleges the infants became ill after consuming different types of Enfamil powdered baby formula in 2011.
The newly filed lawsuit accuses Mead Johnson Nutrition Company of negligence, arguing that for more than a decade environmental sampling from the company’s facilities revealed harmful bacteria in ingredients and finished products. The CDC gets roughly four to six reports of Cronobacter sakazakii each year, though there are no legal requirements that cases be reported. The bacteria has been traced in the past to dried milk and powdered formula.
Something needs to be done to ensure that babies, particularly premature infants and imuno-compromised little ones, are fed the safest nutrition possible, and that the products are sterile whenever possible. This is in the interest of everyone as it is safer for the children, and would prevent lawsuits like these against the manufacturers.
The families of a three babies sickened by a rare bacterial infection, including a 10-day-old Missouri infant who died, filed a lawsuit against the Illinois-based manufacturer (Mead Johnson) of a powdered baby formula that they believe is responsible. The lawsuit filed by the families’ attorneys contends the babies were sickened by Cronobacter sakazakii bacteria, which has been associated with tainted powdered infant formula. The suit alleges the infants became ill after consuming different types of Enfamil powdered baby formula in 2011.
The newly filed lawsuit accuses Mead Johnson Nutrition Company of negligence, arguing that for more than a decade environmental sampling from the company’s facilities revealed harmful bacteria in ingredients and finished products. The CDC gets roughly four to six reports of Cronobacter sakazakii each year, though there are no legal requirements that cases be reported. The bacteria has been traced in the past to dried milk and powdered formula.
Something needs to be done to ensure that babies, particularly premature infants and imuno-compromised little ones, are fed the safest nutrition possible, and that the products are sterile whenever possible. This is in the interest of everyone as it is safer for the children, and would prevent lawsuits like these against the manufacturers.