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Recent Blog Posts
What You Should Know About Whiplash
Of all the car accident injuries, whiplash is, by far, the most commonly reported in the United States. In fact, recent statistics from the Insurance Institute for Highway Safety indicate that some 66 percent of all claimants file an injury related to the neck, and over 800,000 whiplash injuries have been reported over the last 12 years. What can accident victims with whiplash expect after a crash, and what kind of compensation might they be entitled to receive? It is important to understand the dangers of this condition and what can be done about it.
What is Whiplash?
A soft tissue injury that involves the tendons, ligaments, and surrounding tissues of the neck, whiplash occurs when the head is suddenly and violently thrust backward, and then forward. It might sound as though it takes a high-speed crash to create this type of motion. However, whiplash is often seen in even low-speed crashes (perhaps as little as six miles per hour, if going by the cut-off limits in the UK). There is also a common misconception that whiplash occurs only in rear-end crashes, but front-on collision victims are also at risk.
Hot Coffee: The Famous “Frivolous” Lawsuit Against McDonald’s
If you were to ask a random person on the street to think of a personal injury lawsuit that did not involve a member of their family, that person might name any number of cases. If you were to ask that same person to think of a frivolous lawsuit, he or she will almost certainly bring up the idea of suing over a cup of coffee and being awarded millions of dollars.
In 1994, an elderly New Mexico woman named Stella Liebeck did, in fact, sue McDonald’s over a cup of hot coffee. At the conclusion of the trial, the jury did decide that she should receive nearly $3 million in damages. A closer look, however, reveals that labeling the lawsuit as “frivolous” is, at best, unfair to the woman who suffered gruesome injuries from coffee that was far too hot.
The Facts
Ms. Liebeck was 79 years old when her grandson took her to McDonald’s in 1992. As she sat in the passenger seat of the car, she started to remove the lid of her coffee so that she could add cream and sugar. The cup tipped over and spilled the coffee onto her lap. The spilled coffee was so hot that Ms. Liebeck suffered third-degree burns on her legs and genitals in a matter of a few seconds. Her injuries were so severe that she required skin grafts and extensive surgeries.
Studies Look at Car Accident Statistics in Wake of Legalized Marijuana
There are currently nine states—plus Washington D.C.—in which recreational marijuana has been legalized. A substantial number of other states have decriminalized low-level possession of marijuana, implemented legal medical marijuana programs, or both. Illinois is one of those that has done both. The increasingly lax laws regarding marijuana use have led many to wonder what the impact will be on public safety. Two recent studies that seem to contradict each other offer a fairly reasonable insight into the effect of legalized marijuana on the rate of car accidents.
More Accidents
The first study was conducted by the Insurance Institute for Highway Safety and looked at insurance claims for crashes filed between 2012 and 2016. In 2012, Colorado and Washington became the first two states to legalize recreational cannabis use for adults over the age of 21. The researchers looked at those two states along with Oregon and compared their accident claims with neighboring states that did not legalize recreational use. The study estimated that crash rates were about 3 percent above what they would have been if marijuana had not been legalized. While the increase is not dramatic, it is statistically significant, according to the study.
Do I Have a Feasible Medical Malpractice Case?
When something goes wrong at a doctor, physical therapist, dentist, or other medical office, patients can be left lost and confused. After all, most of us grew up putting total trust in doctors and nurses. Their ability to diagnose and treat medical conditions still seem like a superpower to many children. Sadly, as we age, we realize that nobody is perfect and that medical professionals can and sometimes do make catastrophic mistakes. If you have been mistreated or hurt because of inadequate medical care or a negligent health-care provider, read on to learn about your options for financial compensation.
What Constitutes Medical Negligence?
The Journal of the American Medical Association (JAMA) reports that, shockingly, medical negligence is the third most leading cause of death in the United States. Only heart disease and cancer kill more Americans. In fact, in the year 2012 alone, more than $3 billion was spent in medical malpractice disbursements. Medical negligence occurs when a medical professional strays from the accepted “standard of care” while treating a patient. The “standard of care” in this context simply refers to what a reasonably thoughtful medical professional of similar experience and training would have done under similar circumstances. Someone who has a poor outcome from a medical procedure has not necessarily experienced medical negligence. Unfortunately, sometimes individuals simply experience bad luck. However, when a patient is treated in a way that deviates from the acceptable treatment of a condition or injury and suffers damages as a result, he or she may have a valid medical malpractice claim.
Federal Judge Overturns $140M Verdict in AndroGel Case
Despite the existence of federal agencies like the U.S. Food and Drug Administration (FDA), dangerous and defective drugs still manage to make it to pharmacy shelves with alarming regularity. Hardly a year goes by where without a major drug manufacturer being called out for products that injure those who take them. Unfortunately, such cases often drag on for many years. One example can be found in the case being brought against the maker of AndroGel.
Compensatory and Punitive Damages
According to court records, a Tennessee man began using the testosterone replace drug AndroGel in 2010. He used the product for two months and stopped when he suffered a heart attack. The man filed a lawsuit against AbbVie, the Chicago-based manufacturer of AndroGel, on the basis that the company failed to warn patients about the risks of heart attacks, strokes, and blood clots. His claim was one about 6,000 similar claims filed against the company.
FAQs About Wrongful Death Cases in Illinois
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.
Over 100 VA Nursing Homes Being Investigated for Inadequate Care
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.
The Anatomy of a Personal Injury Case
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.
Injuries May Not Be Immediately Apparent After a Car Accident
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.
Understanding Dog Bite Lawsuits in Illinois
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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