llinois Personal Injury FAQ

Posted on February 19, 2012 by admin

Do I Have a Personal Injury Case?

To file a personal injury lawsuit in Illinois, you must show that you suffered harm due to another person’s negligence or carelessness. To demonstrate negligence, you’ll have to prove that the person you are suing owed you a duty of care, that they breached that duty, and that the breach caused you harm.

What Damages Can I Get in My Illinois Personal Injury Case?

The worth of a personal injury lawsuit greatly depends on the facts of the individual case. Plaintiffs could be entitled to money for economic losses such as past and future medical bills, therapy, and lost wages, as well as non-economic damages including pain and suffering or emotional distress.

What’s the Time Limit for Filing an Illinois Personal Injury Case?

In general, the statute of limitation for personal injury claims in Illinois is 2 years from the date of the injury. However, there are exceptions, such as in cases where you may not be immediately aware of your injuries.

How Much Could I Get In Personal Injury Settlement?

The large majority of personal injury cases settle before going to trial. The worth of an Illinois personal injury claim is determined by many factors including the nature and extent of the injury (or injuries) and what other economic damages were incurred.

Do I Need a Lawyer to File a Personal Injury Lawsuit in Illinois?

Although there’s no requirement that you hire a Chicago personal injury lawyer, it’s a very good idea to do so. Personal injury law is complex, and often involves detailed legal and medical issues. Most Illinois personal injury attorneys work on a contingent fee basis, so you won’t have to pay anything up front. If you’re considering filing a personal injury lawsuit, contact a top DeKalb County injury lawyer today.

Posted in Car Accident, FAQ, Lawsuit, Personal Injury, Premises Liability | Tagged , , , , | Leave a comment

Weekend Brought Two CTA Bus Accidents

Posted on February 14, 2012 by admin

Two Chicago Transit Authority (CTA) buses were involved in bus accidents this past weekend, according to Chicago Tribune articles.

First, on Saturday afternoon, a CTA bus was rear-ended by a car that went through a stop sign. The bus accident happened on the Chicago’s South side, and 10 people, including the bus driver, obtained minor injuries.

File photo of CTA bus interior

Then, early Sunday morning, one man was killed and another critically injured in a head-on crash with a CTA bus in Englewood. Witnesses say that the car driven by the man crossed into the bus lane where it hit the No. 8 Halsted St. bus. No one on the bus was injured, and as of late Sunday, the vehicle’s passenger was hospitalized in stable condition.

Although statistically, buses have a good safety record compared to other forms of transportation, those involved in bus crashes are more likely to be seriously injured. Most city buses lack safety features such as seat belts, and oftentimes, passengers are forced to stand due to overcrowding. For those in a vehicle that’s involved in a bus accident, the sheer size of the bus increases the likelihood of obtaining serious injuries.

Moreover, most metro buses are owned by a government entity. This means that, in most cases, if you’re injured in a bus accident, and file a personal injury lawsuit, you will be going up against a city or municipality. This makes it extremely important to retain the services of an experienced Chicago personal injury attorney to represent you in your bus accident case.

 

Posted in Car Accident, Lawsuit, Personal Injury, Wrongful Death | Tagged , , , | Leave a comment

New Concerns about Breast Implants

Posted on February 11, 2012 by admin

A consumer advocacy group has raised concerns about the safety of breast implants.  This comes at the heels of a very large investigation into a French company that was using industrial grade silicone gel rather than the medical grade gel required for safety reasons.  The problem with industrial grade silicone gel is that it contains more contaminants that may be harmful to woman and may have a higher frequency of rupturing, which can cause inflammation, scarring and fibrosis.  This was seen as a cost cutting measure to use industrial gel that is typically used in mattresses

The now-bankrupt firm Poly Implant Protheses (PIP) was once the world’s third largest supplier of implants — 300,000 women in 65 countries around the world are thought to have had them fitted, both for cosmetic reasons and in reconstructive surgery following treatment for breast cancer. The implants were widely used across Europe — 40,000 women in Britain are affected — and South America.  In December 2011, French authorities notified women worldwide that they should have their implants removed. Concerns over PIP implants have led some to call for greater regulation of the plastic surgery industry.

“FDA continues to believe currently approved devices are safe and effective,” said William Maisel, FDA’s chief scientist and deputy director in the agency’s device division. But he added, “there is a significant complication rate.” Up until 2006, sales of silicone implants had been restricted for more than a decade on concerns leaking silicone gel caused health problems like connective tissue disease. In January 2011, the FDA warned there may be a small but increased risk of women being diagnosed with a rare type of lymphoma called anaplastic large cell lymphoma (ALCL), which in about 60 cases has been found adjacent to the breast implant, including silicone and saline-filled implants.

Silicone gel breast implants have traveled a long, winding regulatory path at the FDA over the last 20 years. The FDA banned the silicone-gel type in 1992 amid fears they might cause cancer, lupus and other diseases. For more than a decade, only saline-filled implants were available. But when research ruled out most of the disease concern with silicone, regulators returned the implants to the market in 2006 — with the requirement that manufacturers continue studying patients to see how they fare long-term.  If you or a loved one is struggling with a breast implant and experiencing complications, it may be time to consult an Illinois personal injury lawyer.

Posted in Personal Injury, Product Liability | Tagged , , , | 1 Comment

Officials Hope Chicago’s Speeding Cameras Will Reduce Pedestrian Accidents

Posted on February 11, 2012 by admin

Chicago Governor Pat Quinn recently signed into effect legislation that will allow the use of cameras to catch those speeding near schools and parks. The controversial S.B. 965 will go into effect as of July 1, 2012, after a 30-day public education campaign. According to reports, the new rule will allow cameras to be used within 1/8 of a mile of any park or school, which constitutes approximately 47% of the city of Chicago. When a speeding vehicle is captured, the vehicle’s registered owner will be sent a citation in the mail.

Although opponents of the speeding cameras allege that the city is using them primarily to generate millions of dollars of revenue, officials insist that their primary purpose is to protect pedestrians, and especially children. Studies have shown that if a pedestrian is hit by a vehicle traveling 30 mpg, they have an 80% chance of surviving. Yet, according to a Grid Chicago article, if the vehicle’s speed increases just 10 mph, to 40 mph, their survival rate drops to just 30%. According to the Chicago Tribune, more than 3,000 pedestrians are hit by vehicles each year, and last year 32 died.

If you or a loved one has been struck by a vehicle in Chicago, you may have grounds to bring a personal injury case against the party who was driving. However, liability in pedestrian accidents can be difficult to prove, and can hinge on many complicated factors. If you’re considering suing someone who hit you, contact a top Cook County personal injury lawyer who has experience handling pedestrian vehicle accidents.

(Image credit: Stoonn)

Posted in Car Accident, Lawsuit, Pedestrian Accidents, Personal Injury, Wrongful Death | Tagged , , , , | Leave a comment

Lawsuit against Pepsi about Mouse in Mountain Dew

Posted on February 9, 2012 by admin

An Illinois man by the name of Ronald Ball has filed a suit against soda giant PepsiCo.  This man claimed to have found a mouse in his Mountain Dew can in 2009.  He opened his can, tasted something wrong and spat out a dead mouse.

Ball is seeking damages above $50,000 based upon his experience.  More specifically, he is suing for negligence and spoiling evidence.  Once Ball found the dead mouse in his drink he sent the carcass to PepsiCo.  Once they returned it to him, the mouse was in such bad condition that he is unable to use it as evidence in court. The decision to take PepsiCo to court was precipitated by a PepsiCo representative calling him a liar.

While this trial is particularly damning to the soda bottler, they way they are defending their case might be worse.  The basis for Pepsi’s legal defense is based on the idea that a mouse’s corpse could not survive intact for 15 months in a can of Mountain Dew.  While there is no empirical data to suggest that Mountain Dew can do to a mouse, there is plenty of data that shows it destroying bones and teeth in a few months.

“I think it is plausible that it could dissolve a mouse in a few months,” said Yan-Fang Ren of the University of Rochester School of Medicine and Dentistry, who has studied the effects of citric acid on bones and teeth. “But dissolving [the mouse] does not mean it will disappear, because you’ll still have the collagen and the soft tissue part. It will be like rubber.”

At this point in time PepsiCo has asked for an extension to the trial’s deliberations.  This is an effort to prepare a motion to have the case dismissed.  The soda giant is making it a point that there is no way to know that Ronald actually drank mouse soda.  If you or a loved one is a victim of a consumer related accident or negligence, please contact an Illinois personal injury lawyer.

Posted in Lawsuit | Tagged , | Leave a comment

Personal Injury Lawsuits in Illinois

Posted on February 8, 2012 by admin

Personal injury lawsuits are one of the most common types of court cases, and they result from a wide variety of situations. Basically, any time that someone is injured due to the negligence (either an act or a failure to act) of another person, this could be grounds for a personal injury lawsuit in Illinois.


Some of the most common types of personal injury cases in Illinois are those based on automobile accidents, slips and falls, and product defects. Injuries resulting from medical malpractice, nursing home abuse, dog bites, and unsafe premises also bring about many personal injury lawsuits. Those who file personal injury lawsuits in Illinois may be entitled to compensation for medical bills, lost wages, lost or reduced future earning capacity, and even pain and suffering.

(Image credit: graur razvan ionut)

If you’ve been injured due to no fault of your own, it’s important to contact a qualified Chicago personal injury lawyer as soon as possible. Many times, the other party’s insurance company will pressure you to accept a settlement that could be much less than what you deserve. An experienced Chicago personal injury attorney can come up with an accurate estimate of the amount of damages that you could be entitled to. In addition, there may be evidence that needs to be preserved or other steps that should be taken within a short time period after the injury occurred. Even if you’re not sure if you want to file a personal injury lawsuit, it’s best to discuss your situation with a knowledgeable Chicago personal injury attorney.

Posted in Car Accident, Lawsuit, Personal Injury | Leave a comment

What to do if you are in a car accident

Posted on January 24, 2012 by admin

Driving has age requirements for a reason.  No matter how well intentioned, or how much people would like to avoid it, accidents happen.  The depth of a situation may differ from one car accident to another; some are small parking accidents, while others may result in death.  When a person gets into a car accident, there are legal procedures that need to be followed.  Accident etiquette should be taken seriously for both safety and insurance claim security.

The first thing that anyone in an accident should do is try to remain calm and focused.  A calm mind will allow a person to assess all potential injuries and seek assistance for those who need immediate medical attention.  Though it’s recommended, keeping a first aid kit and emergency supplies inside the car is something most people neglect to do.  However, this simple precaution could prove invaluable during times when immediate intervention and access to these supplies might be needed.  Standard emergency supplies to have on hand include a flashlight, road flare, basic medical supplies, and an emergency cellular phone.

As soon as is possible and safe, accident victims or witnesses should search for anyone who might medical attention.  If there are any concerns or injuries, 911 needs to be called immediately and the paramedics given a specific description of the situation.  If disoriented, a victim can point out nearby landmarks to help emergency crews locate them.  For severe injuries, paramedics may be able to give emergency instructions over the phone while victims wait for emergency crews to arrive.

All victims and persons involved in a car accident will be included in a legal accident reports.  After an accident, do not leave—even if everything appears to be resolved.  Wait for law enforcement to arrive and complete the appropriate accident report.  While waiting for them to arrive, do not discuss the details of the accident with anyone.  Reports show that individual recollections of an accident change when people discuss the details with others involved.  Being emotional is normal, but for personal protection, share accident memories only with the police, your lawyer and personal insurance representative.  This will limit your accountability and liability.

While waiting for law enforcement to arrive, attempt to gather all the pertinent details. Collect the names, addresses and phone numbers of the drivers and witnesses.  Also take down the license plate number and, if possible, the insurance and driver’s license information from the other party involved.  Police will typically gather this information, but it can be beneficial in the future to have a personal copy.

It is also recommended that the insurance agent of the affected party be contacted right away.  When possible, the agent can be asked to go directly to the scene so the police can give the agent a more accurate description of what happened.  Emotions can otherwise tamper any information that is given by the victim to their agent.  Immediate contact with the insurance agent also allows the insurance company to begin processing the claim sooner.

 

 

 

 

Posted in Car Accident, Personal Injury | Tagged , | Leave a comment

Biggest Verdicts and Settlements in 2011

Posted on January 24, 2012 by admin

For many people, the best thing about having laws is that people or companies can be compensated if a certain crime is committed against them.  After trial, a jury will decide what justice is due to the affected party.  It is important that a person or a company obtain the best lawyers to either protect themselves from liability or to maximize their benefit.

May 18, 2011: News leaked about an asbestos victim who was awarded a large settlement that amounted to $322 million.  During the 1970’s, Thomas Brown Jr. was working in the oil fields of Mississippi.  His job was in the oil fields, and focused on mixing mud on drilling rigs.  Mr. Brown claimed that while working, he was exposed to asbestos, a very toxic chemical.  The use of asbestos has long been banned after being linked to health problems that include lung cancer and asbestosis.  According to Brown’s lawyer, he inhaled asbestos while working at the time when the ban order has been released.  A company called CP Chemicals and a manufacturer named Union Carbide continued using asbestos despite knowledge of its possible side effects.  Brown was since diagnosed with Asbestosis and now relies on oxygen tanks to breathe.  The jury from Mississippi sided with Brown’s case.  Both companies were required to pay the victim. This was considered as one of the biggest asbestos settlements made to date.

September 15, 2011: Trial between Kolon Industries Incorporated and Dupont Company.  The case involved the alleged theft of trade secrets of the well known product Kevlar.  Kevlar is an anti-ballistic fiber widely used in the manufacturing of military equipment.  The Kevlar secrets were extracted by Korean-based Kolon and its US counterpart through the hire of some employees previously employed for Dupont Company.  Kolon Industries Inc. lost $920 million to Dupont in an intellectual property violation.   According to Dupont’s press release, the suit was to serve as a reminder to other companies that intellectual thieving is punishable by law, and that Dupont will do everything within its power to protect the research and development progress of their company.

 

Posted in Personal Injury | Tagged , , , | Leave a comment

Mother of Chicago Fire Victim Seeks Restitution

Posted on January 22, 2012 by admin

Early in the morning of January 8, Shantel McCoy returned home to her apartment building at 3130 N. Lake Shore Drive and boarded the elevator to the 12th floor.  She was unaware that a neighboring apartment had caught fire and that there was any danger evident.  When the elevator door opened on the 12th floor, McCoy was hit by a wall of heat as high as 1,500 degrees. One breath would have been enough to kill her, officials said.

JoAnn McCoy is seeking solace from losing her daughter. A daughter who recently moved from her home in Philadelphia in order to pursue a career in marketing and to work for Wirtz Beverage Co.   And up until January 8 Shantel was working as sales coordinator and analyst for that company.

The 21-story building wasn’t equipped with a sprinkler system. Nor did it have a hard-wired alarm or communications system to disable elevators and alert residents of the roughly 300 apartments. The building is one of 759 pre-1975 residential high-rises exempt from the sprinkler requirement that were supposed to make other, less-costly life safety improvements by Jan. 1.

There are certain factors that may have played a part in the fatal accident.  “If the fire is in your apartment, we tell people to get out and close the door. Each unit is a compartment to itself,” Chicago Fire Department Chief Joe Roccasalva said. “It has rated fire walls that abut each other, and into the hallway, and a rated fire door. Usually, it’s a 90 minute door. So that would have held back the heat and a lot of the smoke until we got up there.”

Neighbors of Shantel McCoy had a fire start in there apartment for as yet unknown reasons.  As they fled the apartment they left the door propped open because they weren’t able to save their cat.

A determination has not been made about the fault of the fire.  But this accident is a sobering reminder that you can be returning home and be part of a fatal accident.  If you or a loved one is affected by this kind of accident please contact an Illinois personal injury lawyer.

Posted in Premises Liability, Wrongful Death | Leave a comment

Landlord Responsible for Damages from Violent Crime

Posted on January 11, 2012 by admin

Premises Liability Update: building owners, management and staff must take appropriate action when tenants are crime victims

Are the owners of an apartment building responsible for damages resulting from a violent crime on the premises?  In a November 2011 case reported by the Cook County Jury Verdict Reporter in Illinois, the jury said “Yes.”  A Chicago resident was followed into her building entrance, abducted, dragged outside and raped.  The front desk attendant did not respond to her initial scream for help, nor did he provide any assistance or call 911 when the victim escaped back into the lobby after the sexual assault.  In video surveillance, the jury saw the attendant just sitting at his desk watching TV throughout the entire ordeal!  While the defense contended that building owners cannot be held responsible for third-party actions, the jury disagreed to the tune of one million dollars for plaintiff’s pain & suffering and future loss of normal life.  The jurors had been asked to decide if the acts of the rapist were the sole proximate cause of the plaintiff’s injuries, and their answer was “No.”

 

Posted in Premises Liability | Leave a comment