Injury Cases

It has been an interesting year for unveiling the effects of long-standing, common household products. First, it was Johnson & Johnson’s baby powder, now it is Roundup week killer. Roundup has been found to be a human carcinogen by the World Health Organization. Evidence linking Roundup to such cancers as myeloma, leukemia, and non-Hodgkin’s lymphoma has shown up in studies worldwide.

According to one lawsuit filed in California:
“Those most at risk are farm workers and other individuals with workplace
exposure to Roundup, such as workers in garden centers, nurseries, and landscapers.
Monsanto assured the public that Roundup was harmless. In order to prove this,
Monsanto championed falsified data and attacked legitimate studies exposing
glyphosate’s dangers. Monsanto orchestrated a prolonged campaign of misinformation
to convince government agencies, farmers, and the general population that Roundup
was safe. As a result of this deception, agricultural workers and farmers have been
exposed to a carcinogen, while Monsanto has made billions.”

As of August 2016, the maker of Roundup, Monsanto, has asked federal judges to centralize the 21 lawsuits filed in 14 district courts. They are asking all of the lawsuits be moved to the Southern District of Illinois. The attorney also states in the brief that has, “over two hundred additional plaintiffs under contract or investigation who allege similar allegations.”

Monsanto, has spent over 35 years marketing Roundup as safe for people and pests. However, exposure to the chemical glyphosate has already been proven to cause cancer in other mammals. Until recently, the studies were not sufficient to show a link between humans and the chemical. Now that the research is available, people are lining up to file their complaints against Monsanto in an effort to hold them accountable for their false advertising and in the hopes of recovering medical damages after a loved one has died.

Those most susceptible to exposure include landscapers, farmers, avid gardeners and anyone who lives where Roundup is heavily used. If you think you have been exposed to this cancer-causing chemical, contact us to be connected with a qualified attorney in your area to determine if you have cause to bring forth legal action.

All calls are free and confidential. Call us any time at (800) 517-1614 to speak with one of our staff attorneys and find the best law firm for your case.

We have all heard about the possible damages that airbags can cause when deployed during an accident. However, how do you know if your injury because of the airbag should be considered for a lawsuit? How do you know if you will win if you file?

Answering the second question is much easier, so we will start there. You don’t know for sure you will ever win any lawsuit. There are too many variables in any given legal action to guarantee a win. If an attorney promises you a hands down victory, they are probably lying.

The majority of airbags are safe and operate effectively. Airbags are considered a supplemental device to aid in the safety of passengers in a vehicle. They include crash sensors that will deploy the airbag upon impact. Since they were first installed in the 1990’s, airbags have been attributed to saving approximately 25,000 lives. They have also unfortunately been attributed to the deaths of almost 300 people and injuries to countless others.

There are several injuries a person could sustain due to an airbag deployment or defective deployment. Those could include things from minor burns and hearing loss to major injuries like blindness and broken bones, or even death. In order to determine if you have a good case, unfortunately you have to look at the severity of the injury. If an airbag deployed correctly and as a result, you had bruising and a small laceration that healed without incident, you probably don’t have a substantial case.

However, if an air bag failed to deploy, deployed incorrectly or if a defective airbag caused you major medical issues, you should speak to an attorney to go over your options. Compensation in a lawsuit involving an air bag can include payment of medical expenses, pain and suffering and other damages. If a death occurred due to an airbag not going off, the family may have the right to file a wrongful death action.

One important thing to remember about an accident involving an airbag, is that to file a lawsuit, and prove the defect or non-deployment, you must supply the actual proof. Without the proof of the defect, your case will surely fail. If you are ever involved in a car accident, do not let anyone take or junk your car. While in some instances, pictures may be helpful, having the actual vehicle available for tests to be conducted, and evidence to be collected from could mean the difference between winning and losing your case or even having a lawsuit filed at all.

Hopefully you will never be in the situation that you need to speak to an attorney regarding an accident involving an injury from an airbag, however if you are make sure you speak to an experienced Illinois attorney to go over all of your options. If you would like to talk to one of our lawyers about a case for free, call us any time at (312) 346-5320.

We typically only help people who were injured in car accident cases, so I’m going to start out with the caveat that we can’t help you find an attorney to defend you and what I’m saying is general advice.

Now that I have the geeky lawyer disclaimer stuff out of the way …

If you get in to a car accident and are at fault (usually known because you get a ticket) or someone else thinks you are at fault, they or their insurance company typically has two years to sue you for personal injury and five years for property damage with some exceptions.

You might get in to an accident and not hear anything on the case for almost two years. Then suddenly a sheriff will appear at your door and serve you with a summons that says you are being sued. It might make you freak out, especially if you’ve never, like most people, been involved in a lawsuit before.

So what should you do?

If you had insurance on the day of the accident, you should call them ASAP and let them know about the lawsuit. It doesn’t matter if you are no longer with that insurance company. If they covered you on the day of the accident, they cover you for the lawsuit.

For 99% of insured people the next thing to do will be just wait. Usually the case resolves itself between the lawyers. You don’t have to hire your own lawyer, the insurance company will provide one for you. They may not be as accessible as you’d prefer, but they will be there for your deposition if that happens and anything else big that comes up.

If you don’t carry a lot of insurance and/or you badly injured someone, you might want to get your own lawyer in case the claim goes above your policy limits. That said, in most cases we see, the policy limits are usually it and they won’t go after your personal assets. No guarantee of that of course.

If you didn’t have insurance on the day of the accident, you are on the hook for everything and may have your license suspended if you don’t pay. That includes having to pay a lawyer by the hour to defend you which can be cost prohibitive if you lose and of course any judgment or settlement against you. So the moral of the story is that if you don’t have insurance, you better get some. And remember, if you are driving someone else’s car, you are probably not covered under their policy or your own.

I’ve experienced the sudden death of people that I care about greatly and I’ve talked to thousands of people like you who have lost a loved one through an accident or medical malpractice.

When someone you care about passes away, especially if it’s sudden, it’s hard to think straight. You have people to call. You are devastated. Funeral arrangements need to be made.

You might be thinking about a lawsuit, but based on my experience not everyone is thinking about how to win that lawsuit.

While every case is different, the most common mistake people make is failing to have an autopsy. You can suspect why someone died or know in your heart that something went wrong, but if you can’t prove it then you will have a hard time winning your case.

For example, let’s say your husband went in to the doctor with severe pain in their leg and no history of an accident or injury. The doctor gives him pain meds. Two days later he’s back in the office because the pain has gotten worse and moved. It’s a classic sign of a blood clot. Yet we are involved in cases where the doctor has not done any further tests to rule out a blood clot or embolism. Three days later your spouse drops dead.

You might be told it was likely a blood clot, but without an autopsy it would be very hard to prove it. It’s your job to prove what happened at trial and if you can’t do that you won’t win your case.

In a car accident case the need for an autopsy isn’t always as great or so it seems. But when you are dealing with a death you can increase your damages by showing that they were otherwise healthy and had a long life expectancy by performing an autopsy.

Many times a hospital will volunteer to have an autopsy performed. Other times they will tell you it’s not necessary, especially if it might prove that their doctors messed up. You have a right to get a private autopsy and the Illinois wrongful death law firms that we recommend have experience it getting these set up for you.

I certainly get that an autopsy is the last thing you are thinking of at a time like this, but it truly can be the difference between knowing in your heart that something happened and actually being able to prove it in a court of law.

If you have questions about Illinois wrongful death law or would like our help in finding a lawyer, fill out our contact form or call us at (312) 346-5320. We help everywhere in Illinois.

Thoracic outlet syndrome (TOS) can occur when the blood vessels and nerves between your collarbone and your first rib become pinched or compressed. This set of nerves specifically is responsible for upper body movement and muscle control. It is a very serious injury and requires both a doctor who knows how to treat the disease and if it’s part of a legal matter, a lawyer who has experience with such a serious and somewhat unique injury.

These nerves and blood vessels can be injured by various physical traumas, car accidents, even some on the job injuries like repetitive motions, lifting and reaching overhead. TOS can also occur from doing computer work, sitting at a sedentary position, and from working a typical desk job. TOS affects people of all ages and gender. There are also some studies that show being mildly overweight can also affect the aggravation of TOS.

Some symptoms of TOS are:
• Pain in your neck, shoulder arm or hand
• Numbness in for arm and fingers
• Weakness in your hand
• You may also have a hard time lifting objects above your head and have a limited range of motion.

Treatments can range from pain management to physical therapy. The worst possible treatment could also include surgery. This surgery is very complicated as it could include removing a rib or a few sections of ribs to reroute blood vessels. Most symptoms of TOS will greatly be reduced with simple medication and physical therapy if treated early. Because TOS is a progressive syndrome, it may begin with a small irritating pain once in a while, but can quickly escalate to unbearable pain.

If TOS was caused at work, or aggravated because of your job, you may have a claim for workers compensation. All medical costs, and payments while you are out of work recovering might be available depending on your case. If it’s also common for people to get TOS from car accidents.

We have been dealing with thoracic outlet syndrome cases for 20 years and have a state wide network of attorneys with a track record of success in these difficult cases. If you would like our help in finding the best lawyer for your case, call us at (312) 346-5320 or complete our contact form. We help everywhere in Illinois.

For years and years, the most common way for a parent to help prevent diaper rash on their baby girl is to use Johnson and Johnson’s baby powder or other talcum powder. However, a startling new link between talcum powder and ovarian cancer has thousands of women concerned about their health.

In 1982, more than 30 years ago, Johnson and Johnson became aware of the possible link between ovarian cancers and talc, after a study was published by a California doctor. The study from 30 years ago shows that out of the 215 women who were in the study, and effected by ovarian cancer, 42.8% regularly used talc powder. (see full study here: http://www.ncbi.nlm.nih.gov/pubmed/7083145) Another study was conducted in 1992, which showed that out of the 235 women affected by ovarian cancer, 49% used or were exposed to talc powder to their genitalia for hygiene purposes. This study in 1992 concluded that, “The greatest ovarian cancer risk associated with perineal talc use was observed in the subgroup of women estimated to have made more than 10,000 applications during years when they were ovulating and had an intact genital tract.” (http://www.ncbi.nlm.nih.gov/pubmed/1603491).

With data supporting the major increased risk, instead of including a disclosure on the label, Johnson and Jonson instead chose to go after a new market for increased revenue and profit. The new market was targeting African American and Hispanic women.

To date there are thousands of lawsuits accusing Johnson and Johnson of not labeling their products with the possible risks and dangers associated with talc. In a recent lawsuit, a court in St. Louis awarded the family of a woman who died of ovarian cancer, $72 million in damages for failure to disclose the risk associated with talc powder. Another 2016 lawsuit against J&J awarded $55 million in damages to a woman who used their product for over 40 years; thankfully, her ovarian cancer is now in remission. In 2013 a court in South Dakota found J&J negligent in not addressing the risks as well, however no damages were awarded. In one case filed in Illinois, Barbara Mihalic claimed that, “Johnson & Johnson failed to warn consumers of the risks associated with the use of Johnson & Johnson Baby Powder for feminine hygiene purposes in the female perineum.” This case however was dismissed in its entirety for varying reasons. (http://www.leagle.com/decision/In%20FDCO%2020151229825/Mihalich%20v.%20Johnson%20&%20Johnson).

With the hundreds of millions of dollars spilling out over these lawsuits, and Johnson and Johnson found guilty of negligence, they still refuse to acknowledge any link between their product and ovarian cancer and state that they will appeal the judge’s decisions in each and every case. Johnson and Johnson representatives state that the decision goes against 30 years of studies that support the safety of cosmetic talc.

With every lawsuit that ends with a loss, Johnson and Johnson loses their ability to try to stop the hemorrhaging of funds. An unrelated case yielded a total loss of 2.2 billion dollars because “the company’s practices recklessly put at risk the health of some of the most vulnerable members of our society – including young children, the elderly and the disabled.” according to the US Attorney General, Eric Holder. (http://www.nytimes.com/2013/11/05/business/johnson-johnson-to-settle-risperdal-improper-marketing-case.html?_r=0).

It is time for Johnson and Johnson to be held accountable for all of these missteps, and for not recognizing and acknowledging major health concerns with their products. If you have been diagnosed with ovarian cancer, and have used talc powder on a regular basis, you might have cause to bring legal action. We are working with top Chicago product liability attorneys who are bringing these lawsuits and have a track record of great success. There is no cost to bring the case unless we win. If you would like a free consultation please call us at (800) 517-1614 to discuss a possible case.

We talk to hundreds of people every year who have Illinois workers’ compensation claims. While they all have unique situations, we do get a lot of similar questions. The most common one is what is my case worth?

That’s a good question and one we are happy to answer if we can. The truth is though that in most cases it’s too early to tell. If you were lifting at work last week and felt a pop in your back, there is no way to tell you what your case is worth when it’s time to settle. You might just have a strain. You might have a herniated disc. It’s possible your injuries will resolve themselves with muscle relaxers and physical therapy. Other workers will get better with an epidural steroid injection. Some workers will need a laminectomy. Others will need a fusion, maybe two. You will hopefully be able to return to your old job, but it’s possible you won’t.

All of these things can affect what the case is worth. So the range of what your case could be worth a week after your injury is somewhere between a couple of thousand dollars and many hundreds of thousands of dollars or possibly even in to the seven figures over a lifetime of payments. Some work comp law firms will tell you that your case is worth a ton even though they have no idea. They do this to get you excited and convince you to sign up with them even though they are lying. They just deal with their lies later on.

The bigger issue for injured workers is making sure that you don’t discuss settlement too soon. When you settle your case, you end your right to medical treatment at the expense of the insurance company and also lose your rights to weekly payments. If you have a herniated disc or torn ACL or other major injury, you could probably get $50,000.00 from the insurance company to settle quickly. They would do that because they know they’d likely have to spend 2-3 times that or more on your medical care. So while it seems like a good deal to you, you would actually be drastically short changing yourself. The only winners in that case are the insurance company and your lawyer who got a quick buck for selling you out.

There is nothing of course more important than your health so you shouldn’t even consider settling an Illinois work injury case until you are discharged from medical care and back to work or told you are as good as you are going to get and have gone through vocational rehabilitation. Put it to you another way. Would you rather have 50k and nobody to pay for your medical care or time off work now or in one year get 200k plus all of your bills and lost time compensated?

This can be tricky and even frustrating. We get that. If you would like a free consultation with one of our lawyers, call us at (800) 517-1614 or fill out our contact form. We help with work injuries everywhere in Illinois.

Determining a dollar value to a lawsuit can be a very difficult thing to do even though it’s the number one question that we get on an Illinois personal injury lawsuit. Many moving parts need to be examined before an attorney can answer the question, “How much is my case worth?”
The first determining factor is actual damages that occurred that can be monetized. In the case of a car accident, those damages go far beyond the simple cost of replacing or repairing the vehicle. Medical bills for instance are a big factor. The extent and longevity of your injury is another determining factor. If the accident has resulted in a life changing injury, your case could be worth more in a monetary result. Another factor that goes into the formula is if you lost work income due to recovery and treatment of those injuries, and how long you were out of work; if you have been cleared to return to work. How are these injuries going to affect your future, not only financially but your overall well being?

In some cases, the settlement offer will include up to three times the amount of medical bills and lost time from work (this is known as the “specials”) as a starting point, but that is a terrible way to negotiate a case.  Everyone’s life is different and how your injury affects your life and will in the future is a really important part of the analysis.  Even how your spouse is affected could be part of the settlement.

Additional factors to determining value of a case do include the financial side of the accident. Can the fault be placed on someone other than you for the accident? Is that fault clearly placed on the other party? If the answer to those questions is yes, the next factor is collectability of a settlement. If the other party does not have insurance the chance of a high settlement goes down, because it will be too difficult or nearly impossible for another person to pay the settlement. If they did have insurance, one of the components of the formula is their insurance policy limits.
Your attorney may suggest several different ways of coming up with a dollar amount to ask for before proceeding with settlement.  Of course, settlement is a negotiation process, and this is not one you should try to do alone, without an attorney. There are potential future risks if you settle too low, and of course, there are risks for asking for a settlement that is unrealistic. Settling is often the better choice due to the potential of extra legal fees that will come out of any settlement recovery.  Your attorney will also discuss any and all options before accepting a settlement on your behalf.

Ultimately though you must be happy with the settlement.  That doesn’t mean you can be unreasonable and expect to get anywhere (e.g. if you broke your arm, but don’t have any long term problems and missed little to no time from work, asking for a million dollars would be a joke).  At the same time, it’s your life and you shouldn’t take a low ball offer just to get the case done with. Once it’s settled, it’s over and you can’t go back months or years later and ask for more money.

If you have questions about what your case might be worth or just want to ask questions of one of our attorneys, call us at any time at (800) 517-1614.  It’s always free and confidential.

In my line of work, I’ve learned not to be bothered by much. There’s no point and acting emotional isn’t a good quality for an attorney.

That said, not much pisses me off more than those people who, as a marketing tool to help insurance companies, talk about how our legal system in Illinois heavily favors plaintiffs and it’s a “Lawsuit Lottery” type environment or that Cook County is a “Judicial Hell Hole.”  They say these things even though statistics show the opposite to be true.  One ranter has the nerve to say that all you need is an injury and a dream to reap millions.

Chicago Lawyer Magazine just posted the highest settlement and trial verdicts from the past year. There were 16 cases where people got $10 million or more as a result of their injuries and the negligence by the defendants.  The following summaries are from the magazine.  I ask you to look at these and tell me which person you’d gladly trade places with to reap the benefits of their lottery results.

Perhaps you’d like to be the proud parents of a new born with permanent brain damage who will never live a normal life. Maybe you’d like to be the man who has burns to most of his body and requires round the clock medical care to stay alive. Perhaps you’d like to become the healthy 31 year old who will never walk again.  Please read on and let me know who you’d trade places with.

• $34,000,000 – Hoffman v. Joseph T. Ryerson & Son Inc.- Three members of a family suffered serious injuries after their car was rear-ended by a semi-tractor trailer on I-80 near Tipton, Iowa. The driver, a 50-year-old woman was rendered paraplegic.

• $30,000,000-Karr v. Khalid Badwan, MD – A 46 year old man was rendered paraplegic and requires dialysis after a stapling device caused the blood supply to his spinal cord and lower extremities to be cut off during a surgery to remove a cancerous kidney.

• $30,000,000 – Confidential – A 29 year old man suffered traumatic brain injury and has permanent cognitive defects after suffering multiple injuries in a plane crash. He was comatose for three months, underwent dozens of surgeries and requires permanent living assistance.

• $25,250,000 – Patoya Bryant and Sean Cobbs v. United states of America, A newborn suffered brain damage and has cerebral palsy with severe speech and cognitive deficits after doctors at a federally funded clinic failed to deliver the baby in a timely manner.

• $23,000,000 – Ochoa v. Joseph J. Furlin M.D.- A woman suffered a stroke and is quadriplegic after doctors failed to timely or appropriately treat her high blood pressure and declining platelet level during her labor and delivery. She is ventilator dependent and fed through a G-Tube.

• $18,850,000 – Alsip v. SNA – A 20 year old University of Dubuque aviation program student died days after suffering severe burns as a passenger in an airplane crash. The locking system on the cabin door of the plane failed and opened during flight, which caused the crash.

• $15,500,000 – Avalos-Landeros v. United States of America – A newborn suffered permanent brain damage necessitating lifelong care after doctors failed to timely diagnose intrauterine growth restriction on the fetus and induce labor. A C-section was performed 15 days after the IUGR was suspected.

• $14,000,000 – Burns v. New Bern Transport Corp. – A 47 year old teach sustained a spinal cord injury and suffers spastic quadriparesis, neuropathic pain, weakness and must catherize to urinate after she collided with a semi-truck as it was making a left turn onto Wolf Road.

• $14,000,000 – McPhillips v. Children’s Memorial Medical Group – A 7 week old infant has cerebral palsy and sustained permanent brain damage after doctors failed to properly give her a paralyzing agent and intubate her for transport to another hospital.

• $11,850,000 – Confidential – A 35 year old man has permanent ankle deformity, psuedoarthrosis, an inability to walk independently, and mental and emotional injuries after sustaining multiple injuries in a plane crash.

• $11,000,000 – Scheinman v. Martin’s Bulk Milk Service, Inc. – A 55 year old man suffered severe burns and has permanent cognitive and neurological impairment from head injuries he sustained after his vehicle was rear-ended by a tractor-trailer and burst into flames. He suffered extensive burns to his body and now requires 24-hour care in a residential nursing facility.

• $10,900,000 – Bush v. Sherman Hospital – A 2 year old boy suffered brain damage after hospital staff failed to treat his bacterial meningitis for nearly nine hours and follow triage protocols and doctors’ orders. At age 8, the boy has the cognitive ability of a toddler.

• $10,500,000 – Craig, v. Loyola University Medical Center – A 12 year old boy suffered brain damage after staff failed to recognize hypoxia and did not re-intubate him for 25 minutes following surgery for femur fractures. Now at age 22, he suffers from quadriparesis and needs assistance with most daily activities.

• $10,000,000 – Schmitz JR. v. Little Company of Mary Hospital and Health Care – A 31 year old man was rendered paraplegic after doctors failed to order a CT scan in a timely manner and failed to timely diagnose and treat a spinal infection.

Even the cases that were resolved for less than these amounts were all terrible results that you’d never want to have happen to you or a loved one.  Insurance companies don’t give money away and when they go to trial they win more than they lose.  These eight figure amounts are so rare because most cases do get fought and the truth is it takes a truly catastrophic result and obvious negligence to have this type of a result.

So please don’t buy in to the marketing b.s. and insult these families by calling these results a lottery win.  It’s not a win you would ever want.

If you have questions about Illinois injury settlements or need help in finding the best lawyer for your case, please fill out our contact form to the right or call us at (800) 517-1614.

A caller to my office last November was seeking “the best Chicago medical malpractice law firm.”  There’s no such thing, but there are a handful of elite ones and I connected him with one of those.  He saw their website and incredible track record of success and was impressed by them.

He called me the other day very frustrated.  It had been six months and the firm I referred him to had not yet completed their investigation.  In his mind, he felt as if they didn’t think that he had a case.  It shouldn’t take this long he reasoned.

I explained to him that this was not only normal, but that it would be odd if he had heard something by now.

Illinois medical malpractice lawsuits are marathons, not sprints.  It takes a long time to gather every relevant medical record.  Once you do that, most firms we recommend have an in house team (often of nurses or doctors) who take an initial review of the records.  They then determine if the case should be referred out to an expert for review.

Experts are usually doctors in the same field of medicine that the malpractice involves.  In some cases you might need more than one expert because lots of mistakes happened.  Or it could be because we don’t know which medical provider (if any) was negligent.

These experts serve as witnesses and you can’t file a lawsuit until one of them says that you have a case. They are extremely important so your lawyer, if they are doing their job, will find a good one.

The problem is that the best ones are in high demand and also have very busy medical practices.  So if you send them records to review on May 1, it might not be for a few months until they actually get to them.

So in general it takes 6-18 months to really pull a case together.  This is why it’s so important to find a good law firm as soon as you suspect that negligence has occurred.  Malpractice lawsuits are nothing like a car accident where you can file a lawsuit the next day.  The need for an expert serves as a safety net for making sure that frivolous lawsuits aren’t filed, but it also makes these cases take a long time.

Even once you have an expert, in most cases the case has only just begun.  Going to trial takes a lot of time and it’s not unusual for it to be years before you get in to court.  The more complex the case or the more defendants that there are, the longer it will take.  Our firm was recently involved in a case that was started in 2004 and settled this year.  That’s a really long time and not normal, but it can happen.

This can be frustrating and I get that.  But the long term goal is making sure justice happens and that we prevent this type of negligence from happening to someone else.  If the case is rushed or handled by the wrong firm, it will go nowhere.  So be patient and know that if it’s taking a long time, it’s unfortunately the way these cases work.

One of the most invasive surgeries you can have is a lumbar (back) or cervical (neck) fusion.  It involves a severely injured disc that is repaired by literally putting hardware in to your body.  While you can live a productive life after (Peyton Manning has had a cervical fusion) it’s a long road to recovery and you need your nerves to re-generate.

These surgeries are complicated and often fail.  Usually when they don’t work out it’s because of outside factors including bad luck.  If you smoke that can limit your ability to recover.

But every now and then we’ll get a call from someone who had a fusion and didn’t make a good recovery and it’s discovered that it’s because the screws that are put in to place are hitting the nerves in the patient’s back or neck.  This can lead to many problems including failed back syndrome.

If this happens and the problem is not caught and corrected (with a new surgery) quickly enough, permanent nerve damage can occur.  The technical term is hardware nerve impingement. This unfortunately means a lifetime of pain and diminished abilities. You can lose your ability to walk, have sexual relations, control your bowel movements and tremendous pain.

When these surgeries take place, your doctor is supposed to use special care and caution to make sure that this does not happen. After the surgery takes place, x-rays and MRI’s can tell if an error took place.

If this error does happen and is not corrected, it may be a medical malpractice lawsuit in Illinois.  It’s estimated that about 1 in 500 screws do get misplaced and of those, most are only off by a millimeter or two.  But 5-10% of those badly placed screws cause serious damage and those are the cases that need to be investigated.

If this has happened to you, we’d be interested in talking with you and connecting you with one of the attorneys in our state wide network.  These are complex cases and very few firms have a real track record of success with them.  There is no fee to talk to our staff of attorneys and every lawyer we recommend works on a contingency basis which means you never have to pay a penny unless the case is successful.

But most importantly, getting the right law firm in your corner can be the difference between winning and losing a case and giving yourself a chance at getting your life back.  We want to help you and are happy to talk to you at any time about any situation.

I have a couple of kids who are old enough to know better now, but when they were young they’d put anything and everything in their mouths.

My kids were normal babies.  It makes sense that young ones are curious about the world and want to feel and taste things.  Sometimes it’s gross, but it does make sense.

Because kids are curious, some will even eat paint chips that have peeled off of the wall or other places. It’s not healthy for them and it it’s an old building with lead paint, it’s really dangerous.

We’ve been involved in numerous lawsuits in the last few years as a result of kids who have ingested lead paint.  Most of these cases are from living in older buildings in Chicago, but we will pursue these cases anywhere in Illinois.  There is never a fee unless we are successful.  Older buildings are usually the culprit because lead based paint was banned in the United States in 1978 so newer dwellings don’t have this risk.

Lead poisoning is easily diagnosed by a blood test and happens after a child is displaying symptoms which can include headaches, personality changes, a metal taste in their mouth, balance issues and digestive problems.  It can take weeks or months for symptoms to show up and they can actually come and go.

In the worst case scenarios a child can have excessive vomiting, seizures, end up in a coma and in rare instances lead poisoning can result in death.  Other problems can include learning disabilities, stunting of growth and loss of hearing.  Bottom line is that it’s important to get medical attention as soon as possible.  The good news is that lead can be removed from the body in most instances.

While medical attention of course comes first, getting legal help is important too.  That is the only way to prevent these injuries from happening to others in the future and of course it can get the victim compensation for their pain and suffering as well as payment of their medical bills which can be excessive depending on how severe the problem is.

If you have questions about whether or not you have a lead poisoning lawsuit, we’d be happy to talk to you.  All calls are free and confidential and there is never a fee unless we win the case.

Medical malpractice lawsuits can be tough cases, but when a doctor or other health care professional seriously injures a patient, we believe in doing everything we can to hold that person or entity responsible. As a client, there is much that is in your hands, especially at the start of a case. It is up to you to help your attorney gather all the relevant information – information that will help prove, and win, your case.

We are surprised at the number of cases that fizzle out because of a delay in getting medical records, for example. Until the medical records of the patient are gathered and reviewed, there isn’t much an attorney can do to investigate and build your case.

If you, or a loved one, have been injured as a result of medical malpractice, legal strategy probably isn’t the first thing on your mind. Nor should it be. But quick action on the front end of a case helps preserve important evidence. Your lawyer will do most of the work, of course, but your chances of success are better if you think of it as a team effort.

Another tough issue is getting an autopsy if there has been a death. Like medical records, an autopsy report is crucial to a medical malpractice case. If you can’t prove the cause of death, then you will have trouble showing that it was the defendant’s fault.

If you suspect you might have a medical malpractice case, talk to an experienced attorney as soon as possible. These cases are handled on a contingency fee basis, which means that your lawyer only earns a fee if you win or settle your case. There’s nothing to lose by looking into it, especially since delay can hurt you. A consultation is confidential and shouldn’t cost anything.

Next, if you intend to pursue your case, don’t lose momentum. Request your medical records from any relevant providers. It can take six months to prepare a medical malpractice case, so the sooner you do this the better. Your attorney should then consult with a medical expert who will determine whether you have a good case for malpractice.

These are all tough decisions to make, especially if you are injured or caring for a sick spouse or child at the same time, or if you have recently lost a loved one. The compensation you seek in a medical malpractice lawsuit is based on how your life has been affected by the alleged malpractice. It’s meant to help you pay medical bills, get financial support for loss of income and additional compensation for future losses.

These cases can be tough to win, but if you put off the initial work required, it will be even tougher. You don’t have to do it alone. Your attorney is there to support you. If you have questions about a potential medical malpractice case, give us a call and we can help you get started.

If you are looking for information on wrongful death lawsuits, then you probably suspect that negligence was to blame for the death of a loved one. You might be able to sue on behalf of your family member who passed away, forcing the defendant to pay for their wrongdoing.

We know it’s a very difficult time to get through, yet any lawyer will tell you that you should start the legal process sooner rather than later, if possible. And if you are going to file a lawsuit, there are some things you can do right away to give your case a good chance of success. One of these things is getting an autopsy.

We’re sure it’s not at the top of your list, but getting an autopsy can be extremely important, especially for medical malpractice cases. In any wrongful death lawsuit, you’ll not only have to prove that the defendant was negligent, but you’ll have to prove that their negligence caused the death of your loved one. So being able to prove the cause of death is extremely important.

The decision to request an autopsy is an emotional and uncomfortable one to make. And unfortunately, it’s one that needs to be made fairly quickly. In cases of medical malpractice, the health care provider might tell you that an autopsy is unnecessary because they already know the cause of death. Or maybe the cause of death seems clear to you, as well. But it might not be the whole story.

Not getting an autopsy doesn’t always end your chances of having a good case, but many times it does. Without clear proof of cause of death, it’s hard to prove the defendant was at fault. If you have questions or need guidance, give us a call. We’ll talk to anyone for free about any Illinois legal issue, including the importance of requesting an autopsy if you have a potential wrongful death case.

How would you react if a commuter jet crashed every week and killed everyone on board? You would be outraged, and so would the entire country. This is essentially what’s happening with the rising number of trucking accidents across the United States, but not many people are talking about it.

Fatal truck accidents are happening at a rate of 11 times a day, killing roughly 4000 people a year. There are advocacy groups out there, representing the families of those killed, but it’s not something the general public hears about all that often. The accidents and resulting deaths are spread out geographically, so you’re not likely to know about them unless there’s a news report about a specific accident in your area.

Common culprits in these accidents seem to be unqualified or over-tired drivers, and old trucks in unsafe condition. Lobbyists, of course, argue that other motorists and not the truck drivers are to blame for the majority of the accidents; many disagree. But regardless of blame, people are dying as the result of the growing demand within the trucking industry.

All drivers have to follow the basic rules of the road, but truckers are required to follow additional regulations that were specifically made with trucking safety in mind. It’s a pretty long list and includes laws about how long truck drivers can be on the road at a time and what they have to do to inspect their trucks and make sure their vehicles are properly maintained at all times.

When someone is seriously injured or killed in an accident with a truck, they or their family members might have a lawsuit against the driver or trucking company. In general, a lawsuit is appropriate when the accident was the fault of the driver or due to unsafe practices within the company.

It’s important to gather evidence quickly in these cases, as they are usually more complicated than accidents involving two passenger vehicles. Most trucks have a computer on board, and obtaining the data from the electronic systems is important. Next, there are other records to gather, including maintenance history, driver history, etc. All of this is used to determine the cause of the accident and pinpoint who was at fault. And most importantly, evidence needs to be preserved immediately. There are Illinois injury attorneys who have experience in these cases and know how to do a thorough investigation and make a strong case, and they know how to act fast.

There are thousands of personal injury attorneys in Illinois, but they aren’t all equal. We recommend hiring someone with significant experience – and success – in trucking cases. If you have what lawyers call a “good” case, meaning fault is fairly clear and damages are significant, then you might have a lot of lawyers eager to take on your case. It’s still important to choose wisely in order to give your case the best chance at a successful outcome.

In addition to experience, you want your law firm to have resources. Accident investigations, especially ones that get off the ground right away, cost a lot of money. Your lawyer should front these costs, but they can only do this if they have the money. You don’t want your lawyer skimping on your case because they can’t afford an aggressive approach.

So, beware of ambulance chasers or others who see dollar signs but don’t know what they’re doing. In our opinion, there are only a handful of Illinois law firms we’d recommend for a trucking accident. These are firms and attorneys we would hire ourselves if we were in a similar position. If you’d like our take on your situation, give us a call.