Michael Helfand

We recently received an inquiry from a parent whose son was injured in gym class. It was more than just a bruise. He had some bleeding in his eye and had to stay home from school and all activities for two weeks. While at home, he was on bed rest. The child then developed cataracts as a result of the injury and required surgery. It was unclear at the time the parent contacted us, but there was the possibility that the child could suffer permanent injury as a result the incident at school.

Unfortunately, it’s very unlikely that anything can be done, legally speaking. Even with a clear injury and no doubt about the fact that it happened at school, it probably isn’t a good case. The reason is that the injury happened at a public school. This fact can make all the difference in school injury cases.

Public schools, as a part of the government, are protected from negligence lawsuits. Basically, this means that they can be negligent and not get sued. If you want to be successful in a case against a public school in Illinois, you have a harder case to prove. You have to prove that the school was “willful and wanton,” which is worse than simple negligence.

In order to prove simple negligence, you have to show that the defendant owed a duty and that they breached (failed to live up to) that duty, and that you were injured as a result. Being negligent is similar to being careless, or to not acting reasonably in a given situation. If your child is injured at a private school, you need only prove simple negligence.

The “willful and wanton” standard for public schools, however, requires you to prove that the defendant acted much worse than just carelessly. You have to prove that they intentionally hurt your child or acted with complete recklessness and disregard for the safety of your child.

Although it is a more difficult to succeed in an injury case against a public school, it does happen. If you can prove that there was a dangerous condition at the school that the staff knew about, yet did nothing to fix, and your child was injured, you might be able to prove “willful and wanton” behavior. If other kids in gym class had experienced similar injuries, for example, and the school knew about it, they could potentially be held responsible for not fixing the situation. Another good case is where you can prove that there was intentional conduct that hurt your child.

The different levels of fault can be confusing to sort through. Rather than decide on your own whether you have a good case, talk to a school injury attorney and get their opinion. Injury attorneys charge on a contingency fee basis, which means that you only pay a fee if you win.

Written by Michael Helfand

So last week we had one of the worst rain storms in memory.  I had terrible flashbacks of the multiple times my Evanston house flooded years ago.

When it rains like that or even when it snows, it’s common for people to drag water in to stores and buildings.  And when that happens, it’s common for people to fall.

One caller to my office busted open his head when he slipped after walking in to his apartment building.  There were no wet floor signs nor was there any carpeting or mat laid down.  To make matters worse, his complex has four buildings and in the other three there was carpeting to help soak up some of the water and protect people from falling.  They also had wet floor signs.  He’s injured and mad and wanted to sue.

Unfortunately he has no case.  When people drag water in to a building, generally speaking the building owner does not have liability for slip and falls that occur.  While morally they should take precautions, legally they don’t have to have someone there 24/7 cleaning up the floors.  It would be too cost prohibitive for many people.

Had the rain leaked through a roof it would be a different story.  But when it’s raining outside and people bring in the water on their shoes, building owners aren’t liable.

I don’t necessarily agree with this law, but one thing is that I will never tell you what you want to hear and will always tell the truth.  The reality is that the insurance industry has a strong lobby and they’ve gotten many stringent slip and fall laws passed.

All of this said, don’t assume you have no case without talking to a lawyer first.  There are often exceptions and loopholes and of course it doesn’t cost anything to call our office and ask questions.  But I wouldn’t get your hopes up either.

Written by Michael Helfand

If you are injured by a defective product, you may have a products liability case. In other words, you may want to sue the manufacturer or seller of the product and seek compensation for your injuries. A well-known products liability example is when someone is injured because their airbag fails to deploy. Another example is when someone is injured by a defective prescription drug.

Products can be defective in a few different ways. There are design defects, where the product was designed poorly. In this situation, you’d have to prove that the designer was negligent.

Products can have a manufacturing defect, which means that the design was proper but a mistake was made during the manufacturing process. You generally do not have to prove negligence in the case of a manufacturing defect; you just have to prove that the defect existed.

Another way that a product can be defective is if it’s unreasonably dangerous and does not include a warning. A person injured by such a product can sue under products liability. In these cases, the product is generally designed and manufactured properly, but it is so dangerous that it requires a warning to the consumer.

Aside from considering the type of defect involved, you (and your attorney) will consider the extent of your injuries before deciding whether to pursue a lawsuit. Basically, if your injuries are serious, you will have an easier time finding an attorney to take your case. Like many personal injury lawsuits, a products liability lawsuit can be very expensive. One reason is that experts are paid to testify about the product and its defect. Attorneys usually cover these costs, so they are picky about the cases they take and prefer those with a likelihood of success, as well as a significant recovery. If your airbag fails to open, but you suffer only a minor concussion, you will have a hard time finding an attorney to take your case.

Products liability attorneys generally charge a contingency fee. This means that they are not paid hourly – they are paid a percentage of what you win. If you don’t get anything, neither do they. It’s a risk for the attorney, but with a possible reward for taking that risk. For the client, contingency fees level the playing field – anyone can afford a lawyer because the client pays nothing upfront in most cases.

Your best bet for a successful products liability claim is to hire an attorney with significant experience in this area of law. In Illinois, you’ll probably find these attorneys in Chicago, although there are products liability attorneys elsewhere. The bottom line is to find an established firm or attorney, meaning that they have products liability experience, a good reputation and a track record of success.

We know who the established products liability attorneys are in Illinois. Call or email us at any time for a free case evaluation. We’ll listen, answer your questions, and refer you to the best attorney we know for your situation.

Written by Michael Helfand

Tetraplegia is paralysis of the torso and limbs. It varies in severity and can be the result of an accident or illness. A Tetraplegia lawsuit may come about if the condition was caused, or even partially caused, by someone’s negligence. Most instances of Tetraplegia require significant medical care that lasts throughout a person’s life. An injured person can sue for compensation for this and other financial loss.

Some causes of Tetraplegia include birth injuries, sports injuries, automobile accidents, work injuries, congenital disorders such as muscular dystrophy or multiple sclerosis, and some serious diseases that involve damage to the spinal cord. When a disease is involved, delayed diagnosis can be a contributing factor. If your healthcare provider failed to diagnose an illness when they should have, and their error allowed the condition to worsen and cause permanent harm, it would be a medical malpractice lawsuit.

If you or a loved one have been affected by Tetraplegia, you know that it changes many aspects of a person’s life. It significantly affects the entire family. Caring for someone with Tetraplegia is time-consuming and expensive. Not only is the injured person unable to work, but their spouse, partner or parent may not be able work as much as they used to because they have to take on the role of caretaker. If the injured family member was once the main wage earner, it can be a struggle to make ends meet. A personal injury lawsuit includes a demand for these losses, as well.

A Tetraplegia lawsuit might be against a healthcare provider, a property owner, a manufacturer, a motorist, etc. If the injury was caused by a defective product, then a products liability lawsuit is an option. If injury is caused by a work accident, then a workers’ compensation claim or a third-party lawsuit might be an option. Damages include the losses mentioned above (medical bills and lost wages), as well as payment for future medical costs and often compensation for pain and suffering.

If you have a case as serious as a Tetraplegia lawsuit, we recommend hiring an attorney who has handled similar cases before and done so successfully. Please contact us if you have further questions about whether a Tetraplegia injury lawsuit might be a good course of action.

Written by Michael Helfand

We turn down more cases that we accept. It’s usually because the case is so small that it wouldn’t justify the time that we’d need to spend. We’d rather help clients that really need us due to major problems.

The other big reason we turn down a case is if we don’t think there is a case to be made. It’s unethical for a lawyer to file a case when he knows that it has no merit. In fact, an attorney could lose their license for doing this. Besides, who would want to waste their time with a case that in the end is going to be a ton of work for no money? So from a selfish standpoint, no lawyer in their right mind should take on a crappy case. That doesn’t mean we don’t take on tough cases, but it does mean we won’t take on cases that have no reasonable chance.

I thought of this when I was contacted by a woman who wanted me to help a relative of hers. He was at work and had some drinks after he punched out. He drank too much and went to his car in the parking lot to get a nap and sleep off the alcohol. Somehow the car caught fire and he was burned.

An attorney told them that they have a great case because it happened on company property. My take is that it’s not a case at all because he wasn’t working, put himself at risk of injury because of the drinking and the car has nothing to do with his employer. But because some lawyer told them they have a great case, their expectations are huge. Shockingly, that attorney withdrew from the case after he filed it and was told by the insurance company that they won’t pay a penny.

So now the family is calling around to new lawyers and they have unrealistic expectations. When you call us, we don’t promise we’ll tell you what you want to hear, but we’ll always tell the truth. And if we do take on your case, we’ll fight like hell for you. And we’ll have time to do that because we don’t waste our time with cases that shouldn’t be brought in the first place.

Written by Michael Helfand