Injury Cases

When a family member requires more care then their relatives can provide, many families consider a nursing home. They are an amazing way to ensure that your loved one is being cared for and getting the treatment and care they deserve.

Many of these elders are well-cared for but sadly some are the victims of abuse. Abuse continues to be more prevalent than most people wish to believe and over 3/4^th of the cases of nursing home abuse are perpetrated by caregivers.

Abusive treatment is nothing new at nursing homes. Workers have been accused of sexual harassment, improper treatment or sedation, neglecting to clean or rotate as need or even dropping patients.

And now enters the newest form of elder abuse: Social media. It is redefining the way we interpret privacy, free speech and employee rights. While it can be a fun and enjoyable way of sharing photos, videos and memories with others, social media is now one of the biggest dangers to nursing home residents.

Since 2012, at least 65 instances have been reported nationwide in which workers at nursing homes have shared inappropriate photos or videos of residents being bathed, fully or partially naked, and some even deceased. At least 16 of these cases involved Snapchat, a social media service in which photos appear only for a few seconds and disappear without record.

Take for example an Illinois nursing home being sued after videos emerged on social media of caregivers taunting an elderly woman. The two staff completely exploited this elderly woman’s privacy and dignity. The nursing home is also being accused of failing to properly implement their abuse prevention policy. The hope from this lawsuit is to help prevent abuse like this happening to other individuals all across the state.  What kind of scumbag would taunt an elderly patient they are supposed to be caring for?

The numerous incidents illustrate the emerging threat that social media poses to patient privacy as well as the potential for capturing transgressions that might have otherwise gone unrecorded.

Illinois law requires certain professionals, including those in the medical field and adult care, to make reports of suspected abuse of adults age 60 or older who are unable, due to dysfunction, to report for themselves. Yet, the reported nursing homes rarely found these controversial media postings themselves. Most came from concerned members of the community whom saw the posts, posted privately or publicly.

The irresponsible use of social media has created a number of potential ethical and legal challenges. Federal agencies are now asking state officials to help enforce rules that prohibit nursing home staff from taking demeaning photos and videos of residents.

Making the decision to put a loved one in the care of others in a nursing home is an emotional and stressful situation for many families. Factoring in the risk of social media abuse should not have to be one of the concerns. If this has happened to someone you love, please call us at (312) 346-5320 for a free consultation with a lawyer to discuss what options you may have.

We are Illinois attorneys who will talk to you for free about your case and if needed, recommend an experienced attorney with a track record of success.  We only recommend law firms we’d suggest to family members or friends.  Call us at 800-517-1614 or fill out our contact form and we will call you.

Nursing homes are an amazing way to make sure that your loved ones are being cared for and are getting the service that they deserve. They offer the most extensive care a person can get outside of a hospital offering help with custodial care, such as bathing, getting dressed, and eating, as well as skilled cared. Skilled nursing care is given by a registered nurse and includes medical monitoring and treatments.

Medical professionals in nursing homes deal with the most precious and delicate commodity of all:  life. It is practically essential in a medical occupation to achieve perfection. Nurses, no matter how logical they may be, and how prepared they are to do the best possible job, are still humans capable of making errors.

Studies suggest that one in five nursing home residents suffer from medical errors. Sadly, 37% of those medical errors are medication errors, accounting for nearly ¼ of all medical malpractice cases in the United States. A medication error is defined as mistakes that are made while making or administrating a resident’s medication by a physician, nurse or caregiver. Medication errors include incorrect dosage, incorrect method of administration and even providing the incorrect medication to the wrong patient.

Most medication errors are genuinely made by human error, but sadly medication errors are a serious and pervasive problem, often caused by negligence and malpractice. Negligent medication errors occur when staff administers expired medication, the wrong dosage, documenting incorrectly, following wrong implemented ‘med pass’ routines, giving too much or too little medication, and giving at the wrong time or rate. Medication malpractice is more when ignoring an order, poor medication management during ‘med pass’, knowingly substituting wrong medication, and diversions of the correct medication.

Although most errors cause minor effects, there is a huge spectrum of consequences, including the possibility of death. In fact, approximately 7,000 deaths are the result of medication errors. Other possible consequences to medication error are unexpected medical complications, reduced immune responses, failure to organs, malnutrition and dehydration.

More often than not, mistakes become more common during extended shift hours, heavier workloads and the simple matter of inexperience. However, the most common cause of medication errors is incomplete patient information, meaning staff not knowing a patients’ medical history, previous treatments/diagnoses, allergies or current medications. Another cause of medication errors can be miscommunication. Messy or illegible handwriting, confusion with decimal points, mix ups between drugs with similar sounding names and even medical abbreviations can be misunderstood resulting in a medication error.

If this has happened to a loved one of yours and you would like to speak with an attorney for free to discuss your options, please contact us at any time.

There are a lot of “dirty secrets” when it comes to lawyers and how they market themselves, celebrate their success and talk to clients.  One dirty secret covers all three of those areas and it has to do with what a case is worth.

When you go to a lawyer in Illinois, it’s expected that they will know what they are talking about and that you will not.  Your hope is that they will be honest with you and look out for your best interests.  When it comes to accident cases, it’s not uncommon for an attorney to say something like “The more I get for you, the more I get for me, so I’m motivated to get you the most money possible.”

If I was a client and I heard that, I’d assume that the attorney is on the same page as me. If down the road they told me that my case was at most worth a million dollars and that’s what the settlement would be, I’d believe them and think they did a great job.

The problem with this is that I could be very wrong and it could cost me a lot of money.

I’m not saying one million isn’t a lot. It is. But if your case is worth 5 million and they get you one million or two million and they get you one, then they really sold you out.

What happens in some cases is people hire law firms that either aren’t doing well financially or don’t want to do the work needed.  If you are a lawyer and struggling to pay the bills, getting 333k now for settling a case for one million dollars might be better for you rather than doing the work needed to go to trial and possibly get five million in a year. If your office is closed by then it doesn’t help you.

The problem is that shouldn’t matter.  The client’s best interests should be all that matter, but unfortunately that’s not always the case.

The second and more common scenario is when an attorney just doesn’t want to do their job. If they went to trial that would mean a lot of depositions, a lot of prep work and in most trials, a week or two where they are doing nothing else.  Sadly some attorneys will tell their clients lies and make it seem like their position won’t get much better at a trial or lie and say “you could end up with nothing.”  That could be true in some cases, but some attorneys use that in every case as a lie to convince their clients to take an offer.

To me it’s outrageous that attorneys would sell out their clients and crazy that they would turn down the strong likelihood of a much higher payday for themselves, but it does happen.

On the plus side, their are a ton of really good personal injury attorneys in Illinois.  There is a famous story of a top Chicago accident lawyer who turned down a six million dollar offer because he was confident his client’s case was worth at least 20 million.  He took the case to trial and got over 29 million awarded by a jury.  Because he cared about his client she ended up with more than 35 million at the end of the day after the appeals process played itself out.

It’s not just these seven and eight figure cases where this can happen.  We see cases worth $50,000 get settled for $30,000 all the time.  You won’t always get the maximum, but should avoid getting low balled whenever possible.

If you want our recommendation of the right attorney for your case, fill out our contact form or call us at 312-346-5320 to speak with a lawyer for free.

We are Chicago attorneys who help people find the best medical malpractice lawyer for their case, anywhere in Illinois.  If you would like to speak with one of our lawyers for FREE, please fll out our contact form or call us at 312-346-5320.

It’s a question asked by most anyone involved in a case of medical malpractice: how much is my case worth? With the time, expense and stress that goes in to a case, it is understandable to want to know a cases’ worth even when your main goal is to prevent a similar medical error from happening to a different patient in the future.

Unfortunately, there is not a “formula” for calculating the value of a claim and, in fact, the worth of a case depends on a slew of different factors. These include, but are not limited to, jurisdiction, severity, life expectancy, income loss, future treatment or pre-existing conditions. Here’s the lowdown on some of the factors that can make or break the worth of your medical malpractice case.

Essentially, it comes down to economic and non-economic damages. However, both can be complicated to determine.

Economic damages or “specific” damages, refer to more actual, measurable losses, such as lost earnings, future earnings or to expenses incurred as a result of an injury, such as medical costs, co-payments and insurance costs. Lost earnings and medical costs are more specific and concrete figures and are easier to calculate. However, with medical costs they can become problematic as doctors may disagree about the necessary medical treatments needed. And since treatments costs differently, this can alter the claim cost. Future earnings are where it gets really tricky. Without knowing the remaining numbers of working years a person has or what those years earnings would offer, future earnings are more speculative and harder to predict in advance.  As a result, in many malpractice cases an economist will testify to try and establish a financial harm.

Non-economic damages or “general” damages, on the other hand, are not measurable. Meaning the damages cannot be calculated or added up with documented bills and receipts and are non-monetary and not readily quantifiable losses. Examples of non-economic damages include loss of consortium (the inability to have normal marital relations, sexually and emotionally), pain and suffering, loss of enjoyment of life and disability, just to name a few. Again, these damages are highly subjective and vary from case to case.  Punitive damages are not allowed in Illinois malpractice cases, but it does seem that the more egregious the error, the higher the non-economic damages are.

The location where the incident took place also counts. Bigger counties like Cook County are more likely to yield higher reward than smaller southern counties such as Urbana or Winnebago. This can be due politics or doctor liability by county. Some rural counties in Illinois have not had a medical malpractice case in a number of years.

Lastly, in any type of case, choosing the right lawyer for your type of case greatly influences the worth of your case. If the representing law firm has a positive and proven track record as well as resources, cases often will settle for a higher amount than they might otherwise. Based on the facts of your case, an experienced lawyer will know which expert witnesses can be vital importance as well as where to file for the best verdict possible.  While $4 million is a big number for a case, if a lawyer feels pressure to take that offer when the case is really worth $15 million, they are doing a bad job for you.  In our opinion there are really only around ten law firms in Illinois with the track record to get you the most money that a case can be worth.

Medical malpractice suits have the potential to get complicated quickly. Seeking the most experienced and successful lawyers helps ensure you receive the best settlement possible. The compensation does not undo the harm caused by a health care provider, but it can provide much needed medical and personal care for someone injured by a medical provider.  If you’d like our help in finding the right lawyer for your unique case, please contact us any time.

Imagine an occupational hazard that affects millions of workers and potentially contributes to one of the main reasons people see a doctor for pain. Did you consider whole-body vibration? If you’re like many you may not have even been aware of whole-body vibration, let alone the injuries caused by it.

So, what is a whole-body vibration injury? First off, whole-body vibration occurs when a person’s entire body is supported by something that shakes. Mechanical vibrations from machines are then transmitted into the entire body at various frequencies, leading to cumulative type injuries. In the U.S., approximately 6 million American workers are exposed to whole-body vibrations for more than two hours a day. Whole-body vibration can cause a variety of health problems, most commonly low back pain, but also has been linked to musculoskeletal problems, digestive problems, prostate problems as well as miscarriages in women.

At first glance, whole-body vibration may not appear to be so serious. And while the number of injuries or illnesses caused to workers as a result of whole-body vibrations may be low in comparison to other occupational hazards, this doesn’t mean it should be ignored. The truth is, it is very likely that the number of injuries or illnesses caused by whole-body vibrations may be under reported.

When it comes to whole-body vibrations, it is important to realize that not all vibrations cause injuries, and not all injuries that do surface, such as lower back pain, are caused by vibrations. Whole-body vibration is exposed to nearly everyone, at some point in their life. It occurs in airplanes, boats and cars. Exposure from these rarely causes problems. It is people who at are at risk are those in occupations such as agriculture, forestry, construction, mining, automotive and driving or operate heavy equipment.  But the biggest risk is probably for truck drivers.

Any workplace accident should be fully compensated by the business. However, as harm from vibration may be subtle and difficult to detect, there may be controversy between the injured employee and their employer as to exactly how much of the harm came from workplace exposure. An attorney may be able to help an injured employee prove that their damage came, in part from their occupation which is what you need to do in order to win your case.

If you would like our recommendation as to a great Illinois work injury attorney for a whole-body vibration injury, please call us any time at 800-517-1614.

Building codes may feel like the bane of a contractor’s and business owner’s existence, but they are integral to public health, safety and environmental protection. Basically, they are designed to keep buildings and other structures safe for everyone. If these building codes are ignored or violated, people can get hurt.

Building owners and managers are required to perform regular inspections and maintenance to ensure everything is up to code. The theory of premises liability obligates property owners to maintain safe buildings and structures, and holds them liable for any damages or injuries occurring on their property when failing to keep their property in safe conditions. In Chicago and other parts of Illinois there are specific rules required purely because it’s been determined that it is the best way to keep the public safe.

Unfortunately, premise safety often takes a back seat to financial considerations. When innocent peoples are injured because of an accident involving a building that was not in compliance with applicable building code provisions, the victim may be entitled to compensation through premises liability.

Take for example Bonita Milem. A 68-year-old woman who broke her right ankle and wrist at a Chicago restaurant when she fell walking down the stairs to a basement dining area. Obviously, a slip and fall can happen almost anywhere but in Milem’s case the 10.25-inch stair riser violated Section 13-160-300 of the city’s building code stating the maximum height of a stair riser should not exceed 7.5 inches.

In Milem’s premises liability lawsuit, a Cook County jury awarded Milem $500,000 arguing that the restaurant’s manager failed to not only warn customers of the step, but also failed to resolve the violation.

Generally speaking, if you fall coming down a stairs you have to show that something negligent made you fall.  If you are at a private business you probably don’t have a tape measure handy to determine if the stairs are too big and certainly won’t be thinking about that if you lay on the ground in pain.  But if you do get injured from a stair fall, you should have someone go back and check the height of the stairs.

So while this is a unique case and it’s more common to fall due to bad lighting, holes in stairs or a lack of required railing, there are some stairs and risers built too high. If that’s why you fall and get hurt, you’d likely have a case.

Property managers and building owners can be held accountable for any injuries caused if they choose to ignore building code requirements. Because premises liability involves complex legal issues with the need of solid evidence, it is important to consult an attorney that has experience with a personal injury and premises liability laws.   Not every accident lawyer can really demonstrate a track record of winning those cases. If you’d like our recommendation as to a law firm with a real record of success, contact us any time.  There is never a fee unless the case is successful.

Medicine in general is complex which makes medical malpractice lawsuits in Illinois complex as well. If you are at a stop light and get rear-ended, it’s common sense that you have a case.  But if a doctor fails to diagnose an aortic aneurysm or doesn’t find cancer in time, it’s not as clear cut that you’d have a case.

As a result, one of the most common questions we get is “Do I have a medical malpractice case?”

The answer depends on a bunch of things.  Here are ten things we look for when evaluating whether or not to take a case.

1. Is there a major, long term injury? A doctor can screw up, but if it doesn’t hurt you then there’s not a case for us.  I hear all of the time, “I could have died!” I’m sympathetic, but if you have a case where a doctor is negligent and nothing happens it’s not worth pursuing.  If it’s a death, brain damage, permanent disability, etc it’s worth looking in to.

2. Was it really negligence or just a bad result? If your loved one has a really risky surgery and dies on the operating table or if you have a knee replacement and aren’t fully recovered in six months, that doesn’t mean someone screwed up.  We’d still look in to the case, but it’s no slam dunk.

3. Was what happened to you a risk of the procedure? Getting your colon punctured in a colonoscopy is a risk of getting that done. If it happens and there isn’t more to the story, it’s not a lawsuit.

4. How long is there to file the case? There are various statutes of limitations for bringing a lawsuit in Illinois for malpractice.  It typically takes 3-6 months to properly investigate a case.  If you call us a week before the deadline to file, we wouldn’t get involved because there just isn’t enough time for us to do a proper investigation.

5. What county is the case in? The reality is that in smaller Illinois counties it’s really hard to bring a case if it’s not a slam dunk.  It’s not easy in Cook County either, but you get more of a fair shot.

6. Do we know what the ultimate recovery will be? The sooner you call a lawyer if you suspect malpractice, the better.  That said, sometimes we know there was a screw up, but we don’t know what the long term harm will be. In those cases we take a wait and see approach.

7. If there was a death, was there an autopsy?  It’s not mandatory, but in some cases you can’t prove malpractice without it.

8. What “co-morbidities” does the victim have? Sad, but true, if you are 85 years old, have diabetes, renal failure and stage 4 lung cancer, if you die due to a surgical error that case wouldn’t have much value as your life expectancy is essentially nothing.

9. Did you listen to your doctor? Let’s say you go to the doctor with pain in your side and they tell you that you are likely alright, but should return if the pain persists.  If you ignore their advice and two weeks later die of an aneurysm it’s a very defendable case.

10. How old is the victim? Another sad truth is that a doctor or hospital can sometimes be negligent in the death of a very old person and nothing happens because it would cost more to bring the case than can be recovered.  My grandmother was the greatest person ever and very active up until she passed at 97 years young.  So I get it when people tell me about their active and healthy parents and grandparents who were suddenly taken away from them.  You might have a case, but it’s not as strong as if it happened to someone much younger.

I don’t want any of this to discourage you, but I do want to paint a realistic picture of what goes in to investigating and pursuing these cases.  If you would like to talk to an attorney for free about a possible case, please call us any time at 312-346-5320 or fill out our contact form and we will call you.

We are Chicago injury attorneys who help people with accidents anywhere in Illinois.  If you would like our help or just have questions, fill out our contact form or call us at 800-517-1614.

One of the most type of accidents causing injuries in the United States is from slips, trips or falls. In fact, according to the National Safety Council (NSC), nearly 9 million people visit emergency rooms around the country for treatments from an extremely serious injury by a trip or fall accident. The term “slip and fall” is a term used for a personal injury case in which a person slips or trips and falls, and is injured on someone else’s property.

Dangerous conditions such as torn carpeting, changes in flooring, poor lightning, narrow stairs or a wet floor can cause someone to slip and hurt themselves inside a building. Other slip and fall incidents can occur when people trip on broken or cracked sidewalks, or trip and fall on stairs or escalators. In addition, a slip and fall case could arise when someone slips or trips and falls because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.

Every property owner owes a duty to protect others from an unreasonable risk of harm caused by dangerous conditions on their property. Failing to do so could make them liable for any accidents and/or injuries that occur. This is known as premises liability.

However, there is an exception to the general rule of premises liability: the open and obvious doctrine. The rule states that if the hazard or condition would have been open and obvious to a reasonable person, then the landowner is not liable. The idea of this is that a person has a duty to recognize the warning signs of obvious dangers and to protect themselves from harm. In majority of these type of case scenarios, the property owner will then not be responsible for injuries.

Take for an example a recent case in which a man tripped over a knee-high sign at a Menards store in Lake County. The courts looked at every angle of this case and ruled he does not have a personal-injury claim against the home improvement chain, thanks to the open and obvious doctrine.  The sign was not hidden so the store didn’t have liability.  Compare that to a situation where leaves on the ground are covering a hole, or a dark stairway has debris on it.  In those cases the property owners would likely be responsible for any injuries from a fall on their property.

Simply because you fell on someone else’s property does not mean that anyone will be found negligent. Not only does there need to have been an unsafe condition, there also needs to be proof that there was negligence. A big question to ask is if a reasonable person with the same knowledge of the situation would have understood and avoided the hazardous condition. If not, the open and obvious doctrine will take the case.

Bottom line though is that you shouldn’t make any conclusions without talking to an attorney.  If you’d like our opinion as to whether or not you have a case you can contact us for free at any time.

A blood clot in an artery, also known as arterial thrombosis, is a serious, growing public health issue that everyone needs to be aware of. Blood clots are preventable, yet are one of the most commonly misdiagnosed affecting an estimated 900,000 Americans and ultimately resulting in nearly 100,000 deaths each year.

An Illinois man was awarded $15 million on a medical malpractice case after his lower legs were amputated when doctors failed to timely diagnose and treat his arterial blood clots.
When Corby Bell underwent blood testing at Katherine Shaw Bethea Hospital in Dixon in 2015, doctors ruled out deep vein thrombosis from the venous ultrasound done. Initially, they failed to do any arterial tests. He was then simply discharged with undetermined leg pain.

Clots are classified by where they form. Venous, as you may guess, form in your veins. Arterial clots form in your arteries or the blood vessels that carry blood away from your heart to the rest of the body and the heart muscle. Usually, an arterial blood clot doesn’t show symptoms until it blocks the flow of blood to part of the body. Serious problems caused by this can be a heart attack, stroke or critical limb ischaemia. In the case above, failing to have completed arterial tests forced Bell to return to the hospital the same day with pain in his lower legs and numb cold feet… a symptom of critical limb ischaemia.

These are all medical emergencies. When another failed diagnosis was given to Bell, claiming he had peripheral neuropathy, a type of nerve damage preventing normal sensations in the arms or legs and causing pain, the hospital and staff continued to neglect Bell’s condition. Following this misdiagnosis, Bell was treated by Zeman, a physician assistant, for the following week.

It wasn’t until Bell returned to the hospital’s emergency room later in critical condition and unable to walk that the hospital finally did an arterial blood test. Arterial clots block blood and oxygen from reaching other vital organs, sometimes leading to tissue damage. This was the same results as Bell’s tests revealed blood clots from the knee down in both legs, meaning his legs were “effectively dead” as stated in the release.

It is important to understand that blood clots can happen to anyone and are often preventable. Early diagnosis is critical to prevent death. When a blood clot is misdiagnosed it can lead to a worsened condition. If not caught in the earlier stages it can cause a heart attack, stroke or even death. If you or someone you know has been injured as a result of a medical professional’s failure to diagnose ot treat a blood clot, you could be entitled to compensation.  Please call us any time at 312-346-5320 for a free consultation with an attorney to see if you have a case.

Why are there so many lawsuits against Illinois nursing homes?

This is a common question asked by our clients. There is no simple answer to this, but a primary factor is due to the high number of for-profit facilities putting a profit ahead of patient care.

The nursing home industry is a big business. According to the Centers for Disease Control and Prevention, there are over 15,600 nursing homes in the United States. In Illinois alone, there are more than 732 facilities caring for more than 100,000 patients.

More so, nearly 70% of these are operated as for-profit facilities. 37% of these facilities were deemed to be below average by surveyors, according to recent data by Medicare.

While there is nothing illegal about making a profit by caring for people, a conflict arises when there is an intense pressure of intense competition and desire to make a profit over the care of others.

The following cost-cutting measures by nursing home operators are putting patients at risk, impacting patient care and often causing serious injuries and death.

Reducing staffing levels:
When nursing homes are short-staffed, nurses and aides are forced to scramble when delivering patient’s meals or medications, helping bedbound residents to the restroom, notating and filing paperwork properly, and answering phones for inquiries and pain medications. Essential medical tasks such as repositioning patients to avoid bedsores and sepsis is often overlooked when nurses are overburdened, sometimes leading to avoidable hospitalizations.

Hiring inexperienced workers and failing to train them:
Unlicensed employees provide support to the ongoing care of residents. When facilities fail to meet residents needs, many facilities will combat this problem by hiring inexperienced workers and rushing them into their job roles with no proper training. All staff members must be provided with the tools and support needed to do their jobs properly and within state standards for nursing homes.

Not following industry guidelines or Illinois law:
There are several Federal and Illinois laws implemented to protect patients with skilled care and a reasonable quality of life. If a nursing home fails to abide by these standards, then it may have its license revoked. Not doing so can negatively impact a patients care.

Ignoring reports of abuse and neglect by patients:
It is estimated that at least 2.3 million seniors will become victims of nursing home abuse, yet most cases go unreported. Family members are often oblivious; victims are too afraid to come forward, or they don’t know that inadequate care is abuse under federal regulations. The American Association of Justice reported that only 1 in 14 nursing home abuse cases are reported to the proper authorities.

Not addressing issues with clients and their families:
Staff members described staff-family interactions as difficult, problematic and time consuming, but by not doing so they are not allowing for family members to become involved with in care decisions. This is important for the health and well being of patients.

When facilities choose to cut costs and practice unethically, nursing homes cannot operate safely and effectively. Patients aren’t always capable of comprehending the extent of what’s going on around them or feel unable to express it to their loved ones. It’s important for family members to be aware of any neglect, abuse or suffering and help be their voices.

We are a Chicago law firm who help people find the best attorney for their case anywhere in Illinois. If you would like to speak with one of our attorneys for free, please fill out our contact form or call us at 800-517-1614.

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

I got a call the other day from someone asking who I think is the best workers’ compensation lawyer in Rockford?  I’ve gotten a variation of this question many times over the year.

The honest answer, and don’t you want to talk to a lawyer who is honest, is that there is no such thing as the “best” work comp attorney.  The question is, who’s the best attorney for the unique facts of your case.

First and foremost, unlike divorce or criminal cases where getting someone local can be the difference between winning and losing, with workers comp cases in Rockford you will find that at least half of the lawyers are from Chicago.  That is because both the insurance companies and injured workers want to hire someone who does nothing but work comp cases all day.  There are more of those attorneys in Chicago than anywhere else.

That doesn’t mean that there aren’t qualified firms in Rockford too. We sometimes recommend those firms to people who call us and other times don’t. Why wouldn’t we?

If you were in a serious car accident on the job, you’d want a firm that can handle both cases.  The best ones for that are in Chicago.

If your injury is really unique or severe, you want to make sure your attorney has a lot of experience with that type of case.

If your work for Chrysler (their Belvidere plant has their work comp cases in Rockford) , UPS or one of the local hospitals, you’d want an attorney who has taken them on many times before.

Who your doctor is might even influence who you hire.

The most important thing to consider in hiring an attorney is that they are doing work comp all day, every day.  If they just dabble in it or are more of a personal injury attorney then they are not for you.  If they are really experienced but are going to have a young associate handle the case, then they are not for you.  If they don’t deliver great customer service then they are not for you.

Is this confusing?  It can be.  If you want an unbiased opinion from a lawyer  about who you should hire for your case, call us for free any time at 800-517-1614.

I was contacted by a guy who was injured in a car accident in the fall of 2018.  He ended up needing a couple of months of physical therapy and had a lot of medical bills. He hired the Chicago auto accident law firm I recommended and the attorney started working on the case.

It was a clear cut case as the client was hit by someone clearly at fault. They were insured by Progressive, but it could have been any State Farm, Allstate or any of them.  What happened next is the insurance company called this young man an offered to send him a check for his expenses.  They will typically FedEx a check or sometimes even come to an accident site and hand you a check.

It sounds great in theory, but in reality it’s a strategy by insurance companies to cut their losses. They are experts in analyzing what a case is worth and doing it quickly based on the damage to your car or your obvious injuries.  So if they think that they will have to pay you $100,000.00, they’ll gladly hand you a check for $7,500.00 right away.  They have nothing to lose by offering and everything to gain.

I get why people take the quick money. It’s there and if you are broke it seems like a good idea.  But in this case and almost every other time I’ve seen it, it’s the insurance companies screwing over a victim who doesn’t have the chance to consult with an attorney and make an educated decision.

Just know a few things:

1. Insurance companies don’t do things that are in your best interests, they look out for their bottom line.  If they are rushing to give you money you can bet that not only would they do it in a week or month as well, but also that your case is worth much more.
2. If they send you a check, call a lawyer before you cash it. It’s free to do that (you can call us any time at 312-346-5320) and it will give you the chance to find out if you are being taken advantage of or not.
3. If you need or think you will need any more medical care, settling is a terrible idea.  Unless they are paying out the entire value of an insurance policy, your case will almost certainly be worth more.

I hope this is helpful and hope you aren’t reading this after it’s too late. Once you cash that check you are likely out of luck.

See also: Five Insurance Company Tricks When You Are In A Car Accident In Illinois

While most Illinois medical malpractice lawsuits arise from something that brought a family grief, if a lawsuit is filed, at some point you will want to know to know what your case is worth. The honest answer is that these are really hard cases to win and a case can be worth more in the hands of one lawyer than another.

Not even the best attorney in Chicago can make a malpractice case worth anything when the facts aren’t there. It actually can be hard to get a good attorney to take your case.  They spend around $100,000 per case so if they don’t think it’s a winner that will be worth their time and investment, they won’t take it on.

Cases that are worth many millions need two primary things:  1. You need negligence by a doctor, nurse, hospital, etc.  Bad results happen, but that doesn’t mean there was negligence.  Your colon getting nicked during a colonoscopy is likely a risk of that procedure.   A doctor telling you that a lump in your breast is fatty tissue and six months later being breast cancer is probably negligence. 2. You need a catastrophic results such as death, paralysis, permanent disability, brain damage, etc. and be able to show that wouldn’t have happened anyway. So if a doctor is negligent and you don’t have a long term injury, it’s likely not worth it. If they were negligent and a loved one dies, but they already had stage 4 lung cancer, it’s probably not a good case.  But if you deliver a baby who was denied oxygen due to the hospital’s error and the baby ends up with cerebral palsy, it’s a case worth bringing that could be worth a lot.

Beyond all of this though, you should know that while there are a couple hundred of law firms in Illinois that have taken on a medical malpractice case, there are probably ten or so that get the best results on a consistent basis.  Cases are worth more in their hands. There are a few reasons for that:

1. Because of their success, they have the money to fund these expensive cases without cutting corners.  If the best expert witness is at UCLA, they will hire them and pay the costs to go out there for depositions or to fly them in for a trial.  Smaller firms could go out of business if they lose a case so sometimes they don’t give the case the best effort or will encourage you to settle when you could get much more at trial.

2. They know how to take these cases to trial and win and they’ve done it so much that juries respond to them.

3. Because it’s known that they will go to trial and because they have a track record of success, insurance companies respect them and will be more likely to settle for a higher amount.

4. They really understand the medicine behind these cases and often have doctors and/or nurses on staff. This allows them to review cases faster, ask the right questions and ultimately get you justice sooner.

None of this is to say that a smaller firm can’t have a few cases here and there that go well, but rather that the attorneys we recommend and think you should hire usually have 50 or more seven figure results and these past results help make the case worth more for you.  And not that there can’t be good lawyers in the suburbs or downstate, but the facts are that no matter where the case is in Illinois, if it’s a big malpractice lawsuit it’s likely because it was handled by a firm with a Chicago office.  These attorneys travel all over which is a benefit to victims.

If you have any questions or want an attorney referral, please fill out our contact form or call us to speak with a lawyer for free.

Many Illinois employers are looking to “game the system” or find what they think are creative ways to avoid taxes.  Sometimes they do this by paying cash under the table.  Other times they do it by calling an employee an independent contractor.

While their main goal is usually to avoid payroll taxes, if you get hurt while working for them they will try to deny you benefits by saying that you didn’t really work for them.  The question is will they get away with it.

There are many factors the Illinois Workers’ Compensation Commission looks at to determine if you are in fact an employee or not.  If you are, no matter what they call you, you will be entitled to workers comp benefits.

The number one factor they look at is called right of control.  Does the company have control over you?  Can you turn down assignments and still get future work?  Can you do the same work for someone else including a competitor? Do you set your own schedule or do they dictate one for you?  If you are driving a truck can you set your own route? The more control they have the more likely it is you will be classified as an employee.

Other factors include:

• Do you provide your own tools or equipment?
• Is there a contract that sets out the term and scope of work for them?
• Is there a uniform they make you wear?
• Are you working at their premises day in and day out?
• Are taxes taken out of your pay check?

All of these things are relevant. The more in your favor, the greater the chance you will prove you are really an employee and be able to win work comp benefits.  It’s REALLY important that if your case is denied because you are being called an independent contractor that you hire an attorney who has a track record of handling these cases and taking them to trial.  Experience is hugely important in these claims.

Bonus tip.  Some employers make you sign a document that states you agree you are an independent contractor.  That’s another factor, but doesn’t kill your case.  You can’t be made to waive your rights to work comp benefits and if they have control over you, you will still win.

If you have any questions or want to talk to an attorney for free, fill out our contact form or call us at 312-346-5320.  We cover all of Illinois.