Distracted Driving - Making A Difference
02/17/2012 11:05 AM
Two 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.
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.
Nursing Home Abuse - Making the Right Decision Can Save The Life Of Someone You Love
02/10/2012 11:59 AM
Nursing 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.
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.
A Picture Is Worth A Thousand Words - Lawsuits Are No Different
02/01/2012 09:09 AM
We 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.
(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.
Distracted Driving - Avoidable Crashes And Injuries
01/27/2012 09:14 AM
According 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.
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.
Medical Study Finds Link Between Breathing TCE and PCE Vapors And Birth Defects
01/13/2012 04:34 PM
For 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.
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.
Synthetic Marijuana - Fake Pot Continues To Prove Fatal
01/12/2012 12:44 PM
Despite 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.
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.
Medical Malpractice - One In Seven Errors On Medicare Patients Not Reported
01/09/2012 09:27 AM
The 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.
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.
The New Year Brings New Laws - Many Relate To Personal Injury Law
12/30/2011 02:53 PM
January 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.
A summary of new laws can be found here.
- 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.
A summary of new laws can be found here.
Contaminated Baby Formula - What Will It Take To Stop This
12/22/2011 02:20 PM
The 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.
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.
Synthetic Pot - Getting It Banned Is Only Part Of The Battle
12/14/2011 05:29 PM
Since 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.
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.
Medical Bills - Who Is REALLY Looking Out For You
12/06/2011 04:20 PM
More 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.
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.
It Will Probably Snow This Winter - And People Will Probably Slip And Fall
11/29/2011 12:53 PM
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 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.
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.
You Have Just Been In An Accident - Now What?
11/23/2011 09:54 AM
You 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.
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.
Dog Bites And Leash Laws - It's On The Owner
11/16/2011 11:14 AM
It 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.
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.
Synthetic Marijuana - Deadly Drug Available At The Corner Store
11/09/2011 10:20 AM
When 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.
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.