Posted on July 26, 2018 in Wrongful Death

When someone dies as a result of another person’s negligence or misconduct, the decedent’s family may sue for "wrongful death." This claim is separate from any criminal charges such as murder or assault which may have been brought against the defendant in a wrongful death lawsuit. A person can also be found liable for wrongful death even if no criminal charges were ever filed against that person. A wrongful death lawsuit can be a highly beneficial legal tool for families of victims who wish to pursue financial compensation for their loss.

Who Can File a Wrongful Death Suit and When?

The personal representative of the victim’s estate, called the “special representative,” is the only one who can bring a wrongful death suit. This representative is most often a close family member. In order to have a valid wrongful death case, several criteria must be met. Firstly, someone must have died. The death must have been caused by another’s negligence, such as when a drunk driver kills a pedestrian, or through intentional harm. Another requirement is the survival of family members who have experienced damages as a result of the death.

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 Posted on July 19, 2018 in Nursing Home Neglect and Abuse

The House Veterans Affairs Committee has begun an intensive investigation into the quality of care at 133 Department of Veterans Affairs (VA) nursing homes after it was revealed that the VA itself ranks most of its facilities as seriously lacking. The agency’s internal rankings of its nursing homes had been kept secret for years, but they are now available for the public to view. The data is grim. Almost half of all VA nursing homes have been assigned the lowest possible score with regards to cleanliness, safety, and quality of patient care.

VA Facilities at Greater Risk for Pain and Medical Complications

Tragically, studies show that care for American war veterans is shockingly insufficient. An investigation headed by USA Today and The Boston Globe found that 60 VA nursing homes were given a score of one star out of five. In over two-thirds of VA nursing homes, patients were found to have higher rates of pain and a higher incidence of bedsores than nursing homes in the private sector. Residents in VA nursing homes show a greater decline in their quality of life than nursing home residents in private facilities.

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 Posted on July 13, 2018 in Car Accidents

When you or someone you love is injured in a car crash, or any other situation caused by another party’s negligence, you may be able to collect compensation for your injuries. This compensation is meant to reimburse you for medical expenses, lost wages, damage to your property, and other types of losses that can be measured financially. Your recovery may also include damages for non-economic considerations like pain, suffering, scarring, and disfigurement. Unfortunately, collecting the compensation you deserve is not always easy, and it is important for you the steps that could be necessary.

Filing Your Claim

In most personal injury matters, the first step is file a claim for damages with the insurance company of the person or entity you believe was at fault for the accident. This process usually includes an exchange of relevant information, in addition to reports filed by the police and witness statements. At this stage of the game, you will probably need to have some type of proof to show the insurance company that their client is responsible for your actions. Most insurance companies are not likely to admit responsibility without convincing evidence.

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 Posted on June 19, 2018 in Car Accidents

If you have ever been in a car accident, you know that the moments after impact can be confusing and overwhelming. After realizing they have just been in an accident, most people have several thoughts racing through their heads. One of these thoughts is usually about if anyone was hurt during the accident. However, it can be very difficult to assess your own injuries after an accident accurately.

Common Car Accident Injuries

One of the tricky things about car accident injuries is that some injuries are not outwardly visible. For example, a person may have experienced whiplash during a sudden stop but have no immediate signs of this internal neck injury. Whiplash, also called a neck sprain or strain, can cause severe pain, stiffness, headaches, numbness, and fatigue. However, these symptoms may take up to 24 hours to develop. Soft tissue damage, spinal injuries, concussions, broken bones, herniated discs, internal bleeding, and traumatic brain injuries can all be caused by a car accident.

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 Posted on June 04, 2018 in Dog Bites

The weather has been warming up in Northern Illinois, and that means that people are out picnicking, swimming, and walking their dogs. Although many consider dogs to be “man’s best friend,” the reality is that dogs are still animals, and their behavior is not always predictable. Sometimes, a dog who has never shown signs of belligerence suddenly becomes aggressive. If you have been bitten by a dog in Illinois, it is important to know that you might be able to receive financial compensation for your injuries.

Illinois Dog Bite Laws

The Centers for Disease Control and Prevention approximate about 4.5 million dog bites occur in the United States every year. Illinois has traditionally been a state in which a higher-than-average number of dog bite lawsuits are filed. This is partially due to how the law is written. In some states, a dog owner is not responsible for damages caused by a dog bite if the dog had never bitten anyone before. For example, if someone owned a dog who was usually friendly and non-aggressive, but then one day the dog suddenly bit someone, the dog owner may not be held liable because he or she did not know the dog was capable of violence. However, Illinois does not have this law in place. Instead, a dog owner can be held liable for damages caused by his or her dog biting someone even if the dog has never shown signs of aggressiveness in the past.

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 Posted on May 31, 2018 in Nursing Home Neglect and Abuse

As the Baby Boomer generation ages, more and more individuals are seeking the 24/7 care that nursing homes offer. One study suggests that over half of the current U.S population will need to stay in a nursing home, at least temporarily, at one point in their lives or another. Unfortunately, some nursing homes are not able to manage the increasing number of residents. Understaffed nursing homes or staff who are not properly trained can leave residents without the help and resources they need. When left unchecked, nursing home neglect and abuse can be deadly.

Nursing Home Abuse and Mistreatment Shockingly Common

The most vulnerable among us deserve to be cared for and respected by nursing home staff. Sadly, many nursing home residents find themselves in facilities that do not make residents’ needs the staff’s top priority. Some nursing home staff even purposely harm the residents. A congressional report found that almost a third of all U.S nursing homes were guilty of safety and regulatory violations which put residents at increased risk of harm. Surveys show that almost half of nursing home residents have reported being mistreated at some point in their stay. Even more concerning, an astounding 95 percent of nursing home residents claim to have personally witnessed staff neglecting other residents.

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 Posted on May 09, 2018 in Motorcycle Accidents

As spring turns into summer over the next few weeks, more and more motorcycles will be out on Illinois roadways. Helmet laws have long been a topic of intense debate for motorcycle riders across the country, as each state has the freedom to make its own laws—or not—regarding helmet use. In Illinois, there are no helmet laws for motorcycle riders, which means that each rider must decide for himself or herself whether or not to wear one.

Advocates of mandatory helmet laws believe that wearing a helmet decreases the likelihood of serious injury in a crash—an outcome that serves the public interest. Those who oppose helmet laws maintain that because it is the rider who is at risk, the rider should have the freedom to go helmetless. Some riders even go so far as to suggest that while helmets may protect the head from impacts, they can actually cause neck injuries.

Added Weight

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 Posted on April 30, 2018 in Product Liability

When consumer products are aimed at children—or the care and well-being of children—the manufacturers and distributors of such products may be absolutely sure that children are not being placed in danger by using the products. Unfortunately, dozens are children’s products are recalled each year, and consumer advocacy groups suggest that there has been little, if any, progress made in recent years toward improving children’s product safety.

A New Report

Kids in Danger (KID) is a children’s advocacy group based in Chicago. Earlier this month, KID held press conference, alongside Illinois Attorney General Lisa Madigan and representatives from other groups, to announce the release of a new report that looked at children’s product recalls in 2017. The report also outlined the effectiveness of recalls issued in 2016.

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 Posted on April 16, 2018 in Car Accidents

There is little argument against the fact that smartphones and other hand-held technology has dramatically changed Americans’ lives in the last few decades. We use our phones for everything from texting and calling to GPS navigation, social media, “Googling” information, and even streaming video. Unfortunately, some people choose to do these things while driving. Even though some mistakenly believe that they can “multitask” while driving, the reality is that doing anything other than driving while behind the wheel greatly decreases a person’s ability to safely operate the vehicle.

According to the National Highway Traffic Safety Administration, 3,477 people were killed in car accidents caused by a distracted driver in 2015. During the same year, a shocking 391,000 people were injured in these types of accidents. A countless number of public service announcements and campaigns have attempted to decrease the number of people killed or injured by distracted driving incidents each. Many states have enacted laws to make using a cellphone while driving illegal or to require the use of hands-free devices. Unfortunately, some people continue to endanger others by using their phone at the wheel.

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 Posted on April 06, 2018 in Medical Malpractice

When you place yourself under the care of a hospital and a team of medical professionals, you expect everyone involved to do their best to meet your needs. Doctors and medical staff members, however, are human, and they sometimes make mistakes. In some cases, medical professionals can be blatantly negligent, and when this happens, the patients who suffer harm as a result may be entitled to collect compensation for their injuries.

The amount compensation a victim of medical malpractice can receive depends on a large number of factors, including the seriousness of the injury and how it will affect the rest of their lives. A recent appeals court ruling in Illinois indicates that if the circumstances of a case change during trial, the verdict can be directly affected.

A Quick Recap

The case in question involved a 42-year-old Illinois woman who sought treatment at a Cook County hospital in 2005 for a soft tissue infection in her neck. Due to swelling in her throat, doctors installed a tracheostomy tube but failed to properly account for the effects of a blood-thinning medication that the woman was already taking. The combination of the medication and the trach tube led to several incidents of bleeding, including a serious event where the patient went into respiratory arrest. Before proper action was taken, the patient suffered serious brain damage and partial paralysis.

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