Injury Cases

A wrongful birth case is not like a typical birth injury case. In a typical birth injury case, the parents are suing the doctor, hospital or other care provider for malpractice or negligence that resulted in an injury to their baby during labor or birth. A wrongful birth case, on the other hand, is where a doctor is sued for failure to warn parents of serious genetic or congenital conditions of the unborn child.

These cases aren’t all that common, as they can be difficult to win. In all types of birth injury and wrongful birth lawsuits, the money parents are seeking is to help them care for their disabled child, possibly for the rest of their lives. It can be expensive, both in terms of medical treatment and care, and in terms of time. One parent may have to forgo work to care for the child.

The reason wrongful birth lawsuits are different is because of what you need to prove in order to win. This is also why they can be controversial. Essentially, you must argue, and prove, that if you had known about the serious health condition you would have chosen to not go through with the pregnancy. So on top of proving that you were not properly informed (that the doctor breached the duty of care), you also have to argue that you would have chosen abortion had you been properly informed. It’s a difficult position to be in, but it comes down to caring for that child, who was born regardless of what might have happened.

A related type of case, which isn’t recognized in the United States, is a wrongful life lawsuit. This is a lawsuit by the person who was born (the child, or when they are an adult). They have to argue that they would have been better off had they not been born at all.

Wrongful birth and birth injury cases can be complex, and hiring an attorney who knows what they’re doing is key. There are Illinois law firms known for handling these cases and for their success in doing so.

Written by Michael Helfand

More and more women are developing complications from an implant known as vaginal or pelvic mesh. Doctors use this product to treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI), both of which are a result of weakened or stretched pelvic muscles.

Women who develop these conditions often find that it is attributable to multiple pregnancies, childbirth, hysterectomy and/or menopause. The mesh implant essentially supports the organs in the pelvis. Prior to the mesh implants, a more traditional surgery was often used.

Unfortunately, many women are suffering painful and frustrating side effects from the mesh, some of which are requiring surgery and/or causing permanent damage. Complications include erosion of the mesh and shifting that causes the mesh to protrude. Multiple problems can result, such as urinary problems, scarring, pain during sex, recurrence of Pelvic Organ Prolapse, injury to surrounding organs, perforations within the bladder, bowel and blood vessels, and recurring infections.

We are handling a lot of these cases lately. These are product liability lawsuits rather than medical malpractice. The blame usually lies with the manufacturer and not medical negligence by the doctor (although only a consultation with an experienced attorney can tell you for sure).
Some products have been recalled or discontinued because of the serious complications.

We work with attorneys who have extensive experience in medical products liability. Because of the number of complications and injuries caused by this mesh, there are attorneys who have specific experience with this product and have been successful against the manufacturers.

If you have any questions, let us know. It’s always free and confidential to talk to our attorneys.

Some of my best memories as a kid are going to summer camp in Northbrook and later on in Glenview.  No school, no homework, lots of dodge ball and floor hockey.  Lots of swimming.  Trips to Great America and the Indiana Dunes.  Life didn’t seem like it could get much better than that.

While a lot has changed for kids today, summer camp is still a big draw no matter where you live.  It’s great for parents because it gets the kids out of the house and it’s great for the kids because it gives them something to do.  Win-win for everyone, right?

Usually that’s the case, but not always.  When I was a kid at overnight camp, I got a terrible case of pneumonia and was ignored by the camp staff until my temperature hit 105 degrees.   I was then rushed to the hospital and told I was close to dying.  Other kids broke their legs playing basketball, soccer and other sports.  One kid got hit in the face with a golf club.  Another went water skiing for the first time and crashed in to a dock, breaking his ribs.

I imagine that camps today are somewhat more risk adverse than when I was a kid 30 years ago.  But accidents do still happen.  The most common question I get from a parent whose child is hurt at camp is “Do I have a case?”  The answer depends on one big thing.

The answer is can you prove that the camp was negligent?  The kid at my camp that got hit with a golf club was goofing off when he got hit.  The kid hurt on the water skis told everyone that he had done it many times before.  The boys that broke their legs were just playing a game and stuff happens in a game.

It’s no different than if you are in a car accident or hurt in a store.  Just because you get hurt on someone’s property does not mean that they are responsible and have to pay for your medical bills and pain and suffering.  You have to show somehow that they were at fault.

So if you are taken to the Indiana Dunes and the camp puts you on an ATV that crashes, you might have a case.  If the counselor is supposed to be watching kids swim, but walks away from his post to flirt with girls, if your child drowns that would be the makings of a lawsuit.  If a child slips on a wet floor from a roof that has been leaking for months, it could be a claim.

But no matter what the injury is, you need to prove negligence. My advice to anyone who wants to know if they have a claim is to call us and we’ll give a no cost, confidential consultation.  If we think you don’t have a case, we’ll tell you why.  If you do have one, we’ll recommend a personal injury lawyer that is independent of our office, experienced and is the right fit for you.

Written by Michael Helfand

Illinois law says that you have three years from the date of your injury to file a claim for workers’ compensation. Even if you have a perfectly good claim, blowing the deadline can mean that you are forever barred from bringing that claim.

Filing a claim means that you fill out an Application for Adjustment of Claim and submit it to the Illinois Workers’ Compensation Commission. An Illinois workers’ compensation attorney can handle this for you, but your employer will not. It’s the injured worker’s responsibility to file a claim.

In some cases, you might start receiving benefits without filing a claim. This doesn’t mean you shouldn’t file a claim or that you won’t need to do so later on if there’s an issue with your benefits. If you have already received some form of workers’ compensation, then your deadline is different. You generally have two years from the date of your last payment of benefits, or three years from your injury date, whichever is later.

Filing a claim right away usually is recommended, even though you have three years from your injury date. If you fall at work and injure your back on August 1, 2013, you technically have until August 1, 2016, to file a claim. However, filing a claim right away can help you get benefits sooner.

In some cases the date of accident or injury is clear. However, in other cases, it is not. For example, if you have a repetitive stress injury that occurred over time, it can be hard to pinpoint the exact date you were injured. The rule here is that you have three years from the time you knew or should have known that you had an injury caused by your job.

There is another deadline to be aware of when you are injured on the job. The law says that you need to notify your employer of your injury within 45 days. If you fail to do this, you should still be able to get benefits, but the insurance company might try to deny your claim.

Sometimes injured workers assume it is too late to seek workers’ compensation when in fact it’s not too late at all. It’s worth asking an attorney whether you have a claim and what your deadline is. An initial consultation with a workers’ compensation attorney is almost always free.

Written by Michael Helfand

A very nice guy called us.  He had injured his rotator cuff while working in Schaumburg.  At first the insurance company was paying all of his medical bills and time off work, but suddenly they stopped doing that without any apparent reason.

He was hoping that I could find him a free lawyer because he didn’t think he could afford anyone by the hour since he was not working and not getting paid.

There is no such thing as a free work comp attorney, but the good news is that you don’t have to pay them by the hour either.   By Illinois law, lawyers for job accidents have to work on a contingency basis which means that there is no fee unless they make a recovery.

The fee is limited to 20% of what is recovered.  Typically that means 20% of an eventual settlement or trial verdict.  The attorneys we know don’t take 20% of your medical bills or lost time benefits (TTD) unless they have to go to trial on your behalf.  So if your settlement is for $100,000, the lawyer would get 20k.

Depending on your situation and how large the case is, there is an overall cap on lawyer fees.  Attorneys can also be limited to just $100 in certain claims.

I will say that you almost never see an injured worker end up with less money by hiring a lawyer even after the 20%.  This is especially true with cases after September 1, 2011 when the Work Comp Act was changed.  You almost always get more and of course you have someone looking out for you.

If you have any questions about these fees or need an attorney referral, please let us know.

Written by Michael Helfand

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

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

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

Written by Michael Helfand

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

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

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

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

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

Written by Michael Helfand

The first thing to do after any injury is to get the medical attention you need. Your health is most important. If your injury is serious or permanent, the next thing to do is talk to a personal injury attorney about suing the transportation agency in order to get compensated for your injury, including medical bills, lost income and other ways in which the accident has affected your life. These costs should not be yours to deal with alone.

Public transportation must be safe for the public. There is a duty to keep trains and busses in good repair, as well as stations and platforms. There is a duty to properly hire and train drivers, operators and other employees. Failure to do these things, plus an injury as a result, can lead to a lawsuit.

Suing a public transportation agency is different from suing a private business or individual. In Chicago, for example, lawsuits against the CTA (a government agency) have different rules. The most important difference for you to be aware of is that you only have one year from the date of your injury to file a lawsuit. This is considered a very short amount of time, so don’t wait too long before looking into whether a lawsuit would be right in your situation. If you miss the deadline to file a lawsuit you almost never get a second chance, no matter how good of a case you would have had.

We suggest talking to an attorney who has experience with public transportation lawsuits. In Chicago, we know attorneys who have had success going up against CTA. Their specific experience gives them an advantage, in our opinion.

Written by Michael Helfand

When your child is on the school bus, they should be protected as if they’re still in the classroom. This means that they should be supervised and managed so that no one gets hurt. If the school or bus personnel fail to do this and a child gets hurt, a parent can file a lawsuit against those responsible.  For whatever reason, we’ve been dealing with a lot of these cases lately.

We all know that kids goof around, especially when an adult turns their back. The bus driver is focused first and foremost on the road in front of them, so it can create a dangerous situation for kids in the back who want to cause trouble.

What the bus driver should do is stop any harassment, bullying or fighting that happens on the bus. There’s not much they can be expected to do if one kid punches another completely out of the blue, but if there are signs of a problem the driver should address the issue.

Every situation is different, but generally speaking the bus driver should make sure kids follow the bus safety rules, and they should report bullying to the parents and/or school. If kids are fighting, they should be separated (the driver can’t kick anyone off the bus mid-route), and if the driver knows of other harmful behavior, such as sexual harassment, it’s their job to do something about it.

As a parent, you can file an injury lawsuit if another kid on the bus hurts your child. Like any personal injury lawsuit, you’ll have to prove that the person or entity you’re suing owed your child a duty of care, that they failed to uphold that duty of care, and that your child was injured as a result.

The bus driver is often focused on driving, but this doesn’t mean they can’t see and hear what’s going on behind them. If they know about an incident or bullying or harassment, they have a duty to try and stop it. If they say they didn’t know, you can still hold them responsible if you can show that they should have known. It usually comes down to what a reasonable person would have observed and what they would have done about it.

There are Illinois attorneys who have specific experience in school bus injury lawsuits. These are attorneys who have successfully sued on behalf of parents whose children were injured because of the negligence of the bus driver, the bus company and/or the school. If you have questions or need help getting started, feel free to give us a call.

Written by Michael Helfand