Michael Helfand

All across the nation, dock-less electric scooters are available for rent in dozens of U.S. cities. This new form of transportation is not only fun, they’re cheap, convenient, earth friendly and help saves time. Yet, with all the benefits of these electric scooters there are just as many risks to them.  And now they are coming to Chicago.  Over the weekend, the City launched a pilot program that put 2,500 motorized scooters on the City streets.  The total number can go as high as 3,500.

The rise of motorized scooters also comes with much controversy. Cities everywhere are littered with scooters from Lime, Spin or Bird, causing an eyesore and a new kind of congestion to the city. More notably, is the rise of injuries.

According to recent studies, electric scooters now send more people to the hospital than bicycles or walking. Cases of broken noses, wrists and shoulders, along with facial lacerations, fractures and nerve, tendon or ligament injuries have been reported due to accidents with an electric scooter. Head trauma tops the list of severe injuries involving the use of an electric scooter
Riders are often sharing the road with fast-moving vehicular traffic, but appear to underestimate the hazards. Sure, they really can only go to a max speed of 15 mph in most cases, but speed does not correlate with lower accident risk.

Majority of the injuries were from physically riding the scooters; however, some pedestrians were injured when scooter riders crashed into them, and others tripped over scooters while simply walking.

Implementing safety fixes could take a long time. Take for example the process communities have taken for bike lanes or even sidewalks. Until we see stricter restrictions, it is important to be mindful while using electric scooters and if you haven’t been a pedestrian yet in a city where these scooters are everywhere, you are in for a surprise.

With the rise of scooters you know that lawsuits are going to follow.  The reality is that no Chicago attorney has experience with these cases because there haven’t been enough of a history yet. That said, there are plenty of lawyers in Chicago who have great experience suing dockless bike companies and ride share companies and the premise behind these lawsuits is the same.  If you are hit by a scooter, you are potentially suing the operator as well as the scooter company if you are injured.  If you are hurt while riding a scooter you may have a case against the scooter company, the person who caused the accident and potentially the City itself.

Bottom line is that just any old personal injury attorney wouldn’t be right for you, especially if you have a serious injury.  If you’d like to talk to one of our lawyers for free about an accident to get a recommendation to an experienced law firm who can give you the best chance of a great result, call us at 312-346-5320 any time.

We are Chicago attorneys who help people with legal matters throughout Illinois. If you would like our help please call us at 800-517-1614 or fill out our contact form and we will call you. All communication is free and confidential.

Workers’ Compensation laws vary by state.  Some heavily favor the insurance company and employers, others are stronger for workers. Illinois has common sense workers’ compensation laws that are very strong for workers legitimately hurt on the job.

Just like other types of employees, the threat of injury is real and pervasive for truck drivers. Truck drivers that are injured on the job, whether in an accident on the road or performing other job duties, like servicing their truck or loading and unloading, are entitled to workers’ compensation.   If you get hurt in Illinois, principally work out of Illinois or were hired out of Illinois, you can file for benefits here.  Under IL law, traveling employees are covered for most injuries even if it’s not while on the clock.

When it comes to workers’ compensation, Illinois is just better in regards in many ways. In many states, the income received from workers’ compensation is limited. Other states put a cap on the total received regardless of injury and others mandate you to use their chosen doctor and not a doctor of your choice. Some states allow nurse case managers to talk directly to your doctor or attend your appointments.  Those problems don’t exist in Illinois.

Another tricky factor when it comes to truck drivers and workers’ compensation is that many trucking companies often like to label their drivers as “independent contractors’ for various reasons. The biggest reasons are Independent contractors are responsible for their own taxes and don’t always qualify for Workman’s Compensation.

However, there are many gray areas to whether a truck driver is an employee or an independent contractor of a trucking company, and therefore whether or not qualifies for workers’ compensation when injured. These factors are applied case by case. Here are some factors courts typically look at in making a determination if someone is an employee or an Independent Contractor:

1. Is the trucking company in control of the driver’s work performance?
2. Does the driver set their own hours for work?
3. Can the driver decline certain loads or jobs?
4. Is it the company or the driver establish the given routes?
5. How is the driver paid? Weekly, hourly, mile, etc.?
6. Can the driver contract with other trucking companies?
7. Is the driver required to wear a uniform?
8. Is the driver required to adhere to company standards and/or attend safety meetings required by the company?
9. Is the driver allowed to keep the equipment on a nightly basis or is required to return the equipment?
10. How is the wording in the contracts between driver and trucking company?

The more they control you, the easier it is to show you really are an employee even if they pay you as a 1099 or you signed a document stating you don’t work for them. If you can be proven to really be an employee you can get work comp benefits.

We get that this can be confusing. If you’d like to discuss it for free with a lawyer, please contact us at any time.

We are Chicago attorneys who help people find the best law firm for their Illinois medical malpractice lawsuit. We will speak with you for free, discuss your situation and then recommend an independent firm that we feel has the best track record to succeed for you based on your unique facts.  We cover all of Illinois.  If you would like our help please call us at 312-346-5320 or fill out our contact form and we will call you.

The human brain is not only fascinating in its complexity, but is one of the most important organs in the human body. Essential to living a normal life, the brain acts as the command center for our cognition, physical abilities and emotional and psychological functions. Naturally, an injury to the brain can cripple a person for the rest of their lives.

The brain requires a constant flow of oxygen in order to perform normally. If there is a diminished amount of oxygen, brain cells can die and brain damage can occur. This is referred to as hypoxic brain injury. Although rare, medical professionals sometimes act negligently, making critical errors that can lead to oxygen deprivation and brain damage. Hypoxic brain injuries are often caused by medical negligence due to surgical errors, medication mistakes, general anesthesia complications, labor and delivery injuries, failure to monitor and treat extremely low blood pressure, intubation errors, and the poor use of heart-lung machines during coronary artery bypass graft surgeries. Depending on the part of the brain affected and how long a person was without oxygen determines if someone will be able to recover. Sadly, oxygen deprivation typically causes brain injuries that can lead to a lifetime of impairments and disabilities.

A person with a hypoxic brain injury may suffer from cognitive and behavioral changes, but also physical problems. Again, dependent on the area of the brain effected and the level of the hypoxic damage, different symptoms may appear including dyskinesia, Parkinson’s disease, dystonia, chorea, athetosis, tremor and Lance-Adams Syndrome.

If you don’t recognize Lance-Adams Syndrome, or LAS, you’re not alone. In fact, there are less than 150 reported cases worldwide. LAS is an uncommon neurological disorder mostly seen in patients who have undergone a cardiorespiratory arrest, later regaining consciousness, then developing quick and involuntary muscle jerks, known as myoclonus, sometime after. As the development of emergency medicine grows and the increasing number of patients survive a hypoxic brain injury, the amount of LAS diagnosis will gradually grow.

Currently, LAS is often misdiagnosed causing inappropriate therapy and delayed treatment. Making an early diagnosis and properly managing LAS is positively related to improving the patient’s functional outcome, minimizing the patient’s disabilities and improving the prognosis.

Similar to the tremor effect of Parkinson’s disease, Lance-Adams syndrome makes even the simplest of tasks difficult. With the quick and involuntary muscle jerks, patients have lost their sense of balance and fine motor skills. Living with LAS takes a toll on one’s life physically, financially and emotionally, often leading to sever depression as their sense of identity is gone. Patients of LAS often need years of rehabilitation, counseling, ongoing medical care and financial assistance.

When there is a loss of oxygen during surgery or from another medical incident, the cause is often medical malpractice. With any medical negligence case you should seek the advice of an experienced attorney.   There are very few law firms that have LAS experience, but we can help you find one that gives you the best chance of winning a case and understands this rare complication.

There are a lot of standard questions that go through an attorney’s head any time a potential client contacts them.  First and foremost usually is how long do I have to file a lawsuit.

With the disclaimer that I don’t want you take any of this as legal advice, and that if you have any questions about it you can fill out our contact form or call me at 312-346-5320 for free, it’s important to know the statute of limitations in Illinois wrongful death cases and the many exceptions to that.  If you have any questions call us at no cost at any time.

Generally speaking under Illinois law you have two years from the date someone dies to sue for negligence.  So if you are in a car accident on June 1, 2019 and die from that, your family has until June 1, 2021 to file a lawsuit for that.  If you don’t feel emotionally up for it or didn’t know you could sue that doesn’t delay the time limit.  But what are the exceptions?

The most minor would be if the two year date falls on a day in which the court is not open such as a weekend or holiday.  In that case the time limit would extend until the next date the court is in fact open for you to file a case.  Why anyone would wait until the last second to file is a mystery, but it happens.

Another exception has to do with if the person who is entitled to bring a lawsuit is under the age of 18 when their  loved one passes, they can bring the lawsuit any time prior to their 20th birthday.

If you are suing a city or county, your time limit to sue is one year from the date of the death.  So if you were suing the City of Chicago police officer for wrongful death you likely have to act faster than normal.

A final large exception has to do with criminal acts.  Because courts don’t like to bring civil cases while a criminal case is pending and because you sometimes don’t have proof of wrongful death until after a criminal case is done, the time limits to sue are extended up to five years after the date of death against defendants charged with intentional violent crime (murder, manslaughter and drug induced homicides) or one year after the end of a criminal case.  Note that this only extends the statute against the person who committed the crime, not against anyone else.

There are other exceptions as well.  Bottom line is that the sooner you act with a competent attorney in your corner, the less likely you are to lose your chance for justice over a technicality. If you would like a recommendation to an experienced wrongful death lawyer with a track record of success, call us any time to speak with an attorney.

We are Chicago attorneys who, for free, will help you find the best lawyer for your case.  Call us at 312-346-5320 or fill out our contact form and we will call you.

I was downtown in Chicago recently after meeting a friend for dinner.  We joked as we waited for an Uber that ten years ago it seemed like every car on the street was a taxi, but on this night, we saw eight card in a row that had Uber and/or Lyft stickers in the window.

While these services are for the most part fantastic – I have terrible memories of trying to get a taxi on cold nights in my 20’s – the reality is that some of the drivers simply should not be on the road.  To drive for these companies you need a license and have to pass a background check, but you don’t have to prove you are a safe driver or that you know where you are going.  I have had drivers who didn’t know how to get to Wrigley Field, Union Station  and which direction Lincoln Park is in.

As a result, many of these drivers rely on their map apps on their phone which causes them to often take their eyes off the road. This has caused thousands of accidents.

If you are wondering who the best attorney is to sue a ride share company, it depends on a few things.  Here are some things to think about.

1. I would recommend a Chicago firm for you if it’s a really serious injury no matter what city the accident was in.  That’s because there are way more Lyft/Uber cars in Chicago so there are more accidents which leads to the most experienced attorneys being in Chicago.

2. Because their drivers are sued so often, Lyft/Uber really fight these cases hard.  If the driver was not on a ride but still on the app, they will say he/she wasn’t working.  If they are successful you are stuck with whatever insurance policy the driver has.  The difference between winning or losing this issue could be seven figures potentially if the injury is catastrophic.  Getting an attorney experienced with taking them on is hugely important.

3. Uber has a $1 million insurance policy they give drivers for accidents with a passenger in the car, but only $100,000 if they are available and don’t have a passenger.  It’s been argued that if they are driving to pick up a customer the $1 million should apply.  You want a lawyer who can do this and also who can fight against the notion that the drivers aren’t employees.

4. Attorney fees in these cases will almost always be the same (they shouldn’t exceed 33% and you should never pay anything out of pocket). Getting the most experienced lawyer makes the most sense for you as it gives you the best chance at a good recovery.

5. You don’t have to be a passenger to sue. Most of the calls that we get are from people walking on the street or in other cars.

If you have any questions about these cases or want our recommendation as to what lawyer is best for you, please get in touch with us at any time.

See also: Chicago Injury Lawyers Experienced Suing Uber, Lyft