Illinois Injury Lawyer Blog

All Metal Hip Implants Lead to Many Personal Injury Lawsuits

Sat, 18 May 2013 08:57:05 -0600

An association of attorneys that represent victims of personal injuries have grouped together to ask the Food and Drug Administration to be cautious and possibly amend a proposed change regarding the safety approval process of all-metal hip replacements. The concern is that the rule as it is currently proposed could possibly shift liability from the manufacturer’s of a certain type of all-metal hip replacements that have been linked to a great deal of problems.

According to Thomson Reuters, the type of hip replacements that have recently been causing problems are all-metal artificial hips, which were created because it was believed they would be more durable than those that included plastic or ceramic parts. However, recent studies have shown that the all-metal hips may shed bits of metal which can damage the person’s bone and soft tissue.

The proposed change in the safety approval procedure was brought up by the Federal Drug Administration in response to the growing problem, and would require that the manufacturers go through a more strenuous and extensive safety review process with their all-metal hip replacements. While initially this sounds like a great idea, because the metal hip replacements would have to be more thoroughly checked out before they become available to the public, there is a big concern that this new procedure will allow the manufacturers to shield themselves from liability in personal injury lawsuits that involve their products.

The change would require that manufacturer’s submit clinical studies to the FDA for
“pre-approval” before placing their item on the market, which is different than the current process in which the manufacturer must only show that the metal implant design of their product is similar enough to another metal implant product already on the market. The worry is that adding in this “pre-approval” step may shift the liability off of the manufacturer if a consumer files a hip replacement injury lawsuit in the future, because previous case law has suggested that the court may find that the manufacturer’s cannot be held liable in this type of situation.

While hopefully the new procedure would lead to safer metal hip replacements on the market, there will still inevitably be cases where the consumer of the product ends up suing for a personal injury and the manufacturer should be accountable for their product’s errors and problems. Further, many worry that manufacturer’s would try to use the new rule to try to protect the company from liability for injuries that happened prior to the proposed new change in the law. It is unclear how the courts would come out on the issue of whether the change could be used by manufacturers as a way out of liability from injuries that occurred prior to the change.

It is important that people retain the ability to sue the manufacturer responsible for a product defect or problem in cases where the problem is the result of the manufacturer’s work. By losing the opportunity to sue the manufacturer, injured parties may not have a viable way to be recover damages in connection with their personal injuries. If you or a loved one suffered injury as a result of an all-metal hip replacement, please contact our Chicago attorneys today.

Safe Motorcycle Riding Tips for Illinois

Tue, 14 May 2013 20:23:43 -0600

As the sun begins to shine in Chicago and the summer approaches, more and more motorcyclists are getting out on the road and enjoying the nice weather. According to Cyber Drive Illinois, there are about 344,000 thousand motorcycles on the road in Illinois. While this can be a great hobby for many, it is crucial to remember to always take all necessary safety precautions to ensure that both the motorcycle driver and everyone else on the road stay safe. Among the safety measures all motorcycles should take, no one should every drive a motorcycle if they do not have a permit or a special license to operate the motorcycle. In order to obtain a permit or license, certain rules must be learned and a test has to be passed. This helps ensure that all drivers know the safety laws for operating motorcycles in Illinois. One rule that many people may not know is that motorcyclists have to follow the same traffic laws as drivers of passenger cars, and that motorcycles may not pass between two lanes of traffic traveling in the same direction unless there is an obstruction that would allow no other safe passage.

Another very important safety tip to remember is how important wearing a helmet while on a motorcycle is, to protect your head in the event of an motorcycle accident. A recent study has shown that one out of every five motorcycle accidents involves a head or neck injury, which shows how important it is to wear a motorcycle helmet. Motorcyclists may think they do not need a helmet when heading out for a quick trip and only wear a helmet when going for a long ride. However, most crashes occur within five minutes of starting a ride, so it is important to always wear a helmet on any motorcycle ride. Another surprising finding is that most accidents occur when a driver is traveling at speeds under 30 miles an hour. Motorcycle riders wearing a helmet are three times more likely to survive an injury involving a hit to the head than riders not wearing a helmet.

Also, never operate a motorcycle when you are under the influence of alcohol or drugs. It is not only illegal to drink and drive a car but also illegal to drink and drive a motorcycle. The risk of an accident increases greatly, and you will not have the same reaction time that you would have if you are driving sober, so please make sure to never drive your motorcycle after drinking.

Motorcycle riding can be a great pastime, especially when done safely. Please make sure never to drive or ride as a passenger on a motorcycle unless you have the proper permit or license, unless you are a wearing a motorcycle helmet on every single ride and unless you feel comfortable operating the motorcycle which you are driving. Taking simple steps towards safer motorcycle riding can make a huge difference in keeping the number of accidents lower and keeping everybody safer!

Levin & Perconti Representing Family of Nursing Home Neglect Victim

Thu, 09 May 2013 21:21:48 -0600

An elderly woman passed away shortly after she was a patient at Applewood Nursing Home in Matteson, Illinois and her family has recently filed a nursing home negligence lawsuit against the facility. Levin & Perconti is representing the family in their lawsuit against the nursing home, and the lawsuit claims that the nursing home staff was negligence in their care towards the woman, leading her to develop bed sores so severe that she was unable to recover from these personal injuries.

The family of the victim believed that the nursing home was taking proper care of their mother, since the nursing home knew that the woman was at risk for developing pressure sores which require a certain level of care to avoid. The woman had previously suffered a stroke and since stroke victims often lose at least part of their mobility, they are at a higher risk of developing bed sores. However, the nursing home did not properly monitor and reposition the woman in order to keep the bed sores from developing. In addition to the severe and life threatening bed sores, the hospital staff also allowed the patient to become severely dehydrated while she was a patient at the nursing home. Proper monitoring and taking appropriate and necessary care of the woman would have kept the bed sores from becoming so severe, would have kept her from becoming so dehydrated and likely would have kept her from passing away when she did. Many nursing homes are extremely understaffed, leading patients to not get the necessary level of care that they need to remain healthy.

The families of patients in nursing homes should be able to trust that the nursing home staff will take complete and total care of their loved ones, and that if a situation develops beyond the nursing home staff’s control, that the nursing home will contact the patient’s doctor or get the patient to a hospital immediately. The purpose of having a patient in a nursing home is so they will have complete care available to them at all times and to ensure the patient’s safety. Understaffing and busy staff members are not an excuse for the nursing homes to be negligent in their treatment of their patients. If a nursing home does not have the appropriate staff and time to care for the number of patients they have at the nursing home and are unable to afford to hire more, then they should not take in as many patients.

If your loved one was in a nursing home and you feel that they did not receive the necessary care and suffered personal injuries or even died as a result of negligence on the part of the nursing home, please contact our Chicago attorneys today to discuss what legal remedies may be available to your family today.

Workplace Deaths in the United States Average out to About 150 a Day

Mon, 06 May 2013 12:23:34 -0600

The number of work-related deaths that occur throughout the United States everyday may come as quite a shock to many people. A recent report shows that about 150 people on average per day across the county are killed as a result of a workplace accident. It is surprising to hear that this number is so high considering so many of these workplace accidents and deaths are not ever reported on the news. To put this number in better perspective, fifteen people were killed at the recent West, Texas fertilizer plant explosion. The terrible Texas tragedy only accounted for about ten percent of the average amount of deaths on that day.

While many accidents do occur even when workplace facilities are up to the highest safety standards, a great number of these deaths occur as a result of workplaces that are not up to code and in workplaces where potential and avoidable hazards were not caught or fixed. This was the case in West, Texas, as it was found that safety regulators missed potential hazards in the period of time that occurred before the explosion.

It is disturbing to hear that many of these workplace deaths are the result of the workplace and safety regulators not doing everything that can be done to protect workers, but unfortunately the Occupational Safety and Health Administration, the agency in charge of monitoring workplace safety, has reported that they severely understaffed. According to the Huffington Post, for the current about of staff members employed by the agency to check every workplace it would take 113 years. This lack of oversight by the agency likely is a big reason for workplace accidents, however it is also crucial for managers and directors at workplaces to make sure that their workplaces are safe and that they are protecting their workers as best as they can.

When looking at how high the numbers of workplace deaths in the United States are each year, the numbers skyrocket when you also look at the number of workplace injuries and diseases attributable to the workplace. Current data shows that about 3.8 million American workers suffer from injuries or diseases related to their job, but it is believed that there may be an underreporting error and that the number may be closer to 11 million injuries and diseases per year. Regardless of what the exact number of deaths and workplace injuries and diseases per year may be, the number is definitely very high and should be concerning safety regulation companies, management of all workplaces and the general public. Changes must be made in order to insure the safety of workers while on the job.

If you or a loved one suffered a personal injury or was wrongfully killed while on the job and you believe it may have been the result of negligence on the part of the company or missed hazards not caught by a safety agency, please call our Chicago law firm today to discuss what legal options may be available to you and your family today.

Levin & Perconti Represents Family of Young Woman Who Died as a Result of a Missed Diagnosis

Fri, 03 May 2013 18:05:07 -0600

The husband of an Illinois woman who died after receiving an incorrect diagnosis from Passavant Area Hospital has filed a wrongful death lawsuit in connection with her death. Our personal injury law firm, Levin & Perconti, represents the husband of the victim of wrongful death in his action against the hospital. The wrongful death lawsuit alleges that because of the hospital staff’s failure to diagnose the victim properly she was unable to timely get the treatment she needed which resulted in her death at the young age of 39 years old.

The victim went to the emergency room in November of 2011 complaining of chest pains and light-headedness. The emergency room doctor at Passavant Hospital told the victim and her husband that she was sufferinig from a minor heart condition and sent her home immediately. The symptoms did not get better by the next day and the victim went to a different emergency room the following day with the same complaints. The next hospital realized immediately that the heart problem was much more severe than what the Passavant emergency room doctor said, but unfortunately it was too late and the woman died while in transport and before the necessary surgery could be performed. Her rather immediate death was caused by a buildup of fluid in her heart, which likely had caused the symptoms she had been suffering.

The heart condition that the victim suffered from was an aortic dissection, which is a condition that when diagnosed and treated in a timely manner is typically very manageable and the person suffering from the condition is usually always okay following surgery. In addition to the fact that given the same symptoms, the second emergency room was able to determine that the condition was much more serious, the first emergency room was not only negligent in misdiagnosing the problem, but by sending the victim home without further observation, there was no time left to help her once the problem was discovered.

The problem of misdiagnosis by doctors is becoming a very prevalent problem and a recent study found that as high as twenty-nine percent of medical malpractice claims that result in a money judgment are the result of a misdiagnosis by a medical professional. This is especially disturbing because in many cases, like the one mentioned above, a patient dies as a result of a misdiagnosis when they may have returned to complete health had the proper diagnosis been made when the patient initially went to see a doctor.

Patients should be able to trust what the doctor tells them and if they go to a doctor with their symptoms and our sent home, they should be able to trust that it is the best decision and not have to worry that the doctor missed what was really the problem. Doctors need to take the appropriate time with patients and ask for a second opinion in cases where they are unsure of what is wrong. If you or a loved one suffered additional injury as a result of a missed or delayed diagnosis, please contact our attorneys today to discuss what legal remedies may be available to you.

Misdiagnosis by Doctor Accounts for Largest Number of Payments in Medical Malpractice Claims

Mon, 29 Apr 2013 14:56:32 -0600

A recent study found that the most common payments on claims against doctors in malpractice lawsuits are made in connection with the the doctor making errors when diagnosing a patient. Close to 30 percent of payments made to patients in connection with medical malpractice claims were related to misdiagnosis. This may seem surprising, and while treatment and surgery claims were also very common, misdiagnoses were the most common. These three types of claims (misdiagnosis, treatment and surgery) together account for around 80 percent of all the medical malpractice payments. The other 20 percent of claims were comprised of a combination of errors including obstetric, medication, monitoring and anesthesia issues.

This makes sense when you look at how severe a problem may result with a missed or incorrect diagnosis. Patients may either be told nothing is wrong while the missed problem continues to get worse, or may be treated for a problem that is different from what they are actually suffering from. Personal injury or wrongful death claims may often arise when someone suffered much more, or even died, from complications of not being properly diagnosed and treated, especially if they had been to the doctor on multiple occasions and their problem was not figured out.

Part of the reason that the claims may be so high in this specific area is that many problems with patients that end up turning fatal may have been preventable or at least treatable if caught early on when the patient initially went to see the doctor. Because of this, the doctor is likely to be seen as more responsible for the severity of the patient’s problems that he might be in other medical situations, because it is believed that the doctor “should” have caught and properly treated the issue.

It is crucial for medical professionals to do all necessary tests and look at all the signs when determining what is wrong with a patient so they are able to properly treat the patient in a way that will be best for that particular problem as well as best for that particular patient. Additionally, if a doctor or other medical professional is unsure of what could be wrong with the patient or unsure of the appropriate course of action, the medical professional should either seek another opinion or tell the patient they should see a specialist to try to pinpoint the exact problem. It is always best to be safe and check out all the possible issues when diagnosing a patient, in order to insure that the patient is properly treated.

According to the New York Times blog, the senior author of this published study feels that the issue of medical misdiagnosing is a problem that no institute views as their problem on a policy level. This is disturbing to hear because if no one is willing to be held accountable for this problem, it will be more difficult to fix. Without an incentive to fix this problem, it will continue to be a major issue and many people may continue to unnecessarily suffer from preventable or treatable issues.

Illinois Court Decision to Allow Family Members to Sue for Nursing Home Wrongful Death Case Stands

Wed, 24 Apr 2013 10:31:05 -0600

Two cases were recently brought to the Supreme Court of the United States to determine whether state court decisions to allow descendants of nursing home residents bring wrongful death lawsuits against the nursing home, when arbitration agreements were in effect, were valid. The Supreme Court declined to overturn the state court decisions to allow the family of the victims to bring suit.

According to McKnights, the nursing home position was that the family members bringing the wrongful death lawsuits could not rightfully sue because arbitration agreements written into (and signed off on by the parties) the contract were binding and parties to the contract could not sue in connection with the contract.

In the first court case, which was in front of the Illinois Supreme Court, the daughter of a nursing home resident brought a lawsuit after she believed her mother’s death was caused by the nursing home’s actions. The nursing home claimed that the daughter could not bring the lawsuit because she had signed the arbitration agreement in the contract. The state court found that since the daughter signed on behalf of her mother, as her representative that she was not actually a party to the contract (because her mother has and she was just acting on her behalf) and that the daughter could bring a lawsuit on her own behalf as a family member of the victim of wrongful death.

In the second case, another daughter signed an arbitration agreement on behalf of her mother as her agent under a power of attorney. The nursing home argued that because the daughter signed, she was barred from bringing suit. However, the state court ruled that because the daughter signed the arbitration agreement when the power of attorney she had for her mother only allowed her to make financial and healthcare decisions, that her signature on the agreement was not binding.

Instead of reviewing the two cases and making a definite decision on the issue of arbitration agreements versus state laws regarding filing lawsuits on behalf of injured family members, the Supreme Court declined to review the cases. This means that the rulings stand as they were made by the state courts, but that the Supreme Court did not take a stand on the issue as a whole. This means that different state courts may continue to come out in different positions on these same issues. However, since one of these decisions mentioned above was made by the Illinois Supreme Court, that ruling is binding over the state of Illinois court cases, because it was decided by the highest court in the State of Illinois.

Our nursing home abuse and neglect attorneys remind all people entering nursing homes and all family member of those entering nursing homes to be cautious of arbitration agreements. While arbitration can be a useful and efficient alternative to litigation in certain situations and contexts, it is important to ensure that they are not used in situations where they may harm a person’s rights. In cases that may involve nursing home abuse and neglect, it is crucial that those responsible be held accountable for their actions. If you or a loved one was the victim of nursing home abuse or neglect, please contact our office today to discuss what legal options may be available to your family.

Study Shows Underage Drinking Deaths Related Not Only to Drinking and Driving

Sat, 20 Apr 2013 13:59:24 -0600

According to a recent study conducted by MADD (Mothers Against Drunk Driving), while a large number of underage drinking deaths are caused by drunk driving, the majority of underage deaths that are a result of alcohol are caused by other factors. While teenage drinking and driving is a very serious issue it is crucial to realize that even if underage people are drinking and are not driving there is still a serious danger to their safety and to the safety of others.

US News reports that while teenage drinking and driving does account for about 32 percent of the 4,700 underage drinking related deaths, there are many other dangers that lead to death that can arise out of underage drinking. For example, the study showed that about 30 percent of these underage alcohol related deaths were murders, about 14 percent were suicides, about 9 percent were related to alcohol poisoning and the remaining 15 percent were various other types of causes.

The above statistics show that it is important for parents not to only speak to their children about the dangers of drinking and driving but also of the reasons that it is not safe to drink underage even if the young person is not driving. Please talk to your kids about these risks and dangers in addition to the dangers of drinking and driving. According to The National Institute on Alcohol Abuse and Alcoholism, in addition to the dangers and risk of death associated with underage drinking, studies have shown that underage drinkers also tend to have more trouble in school and are more likely to be victims of other violent crimes (including rape, aggravated assault and battery).

While these other types of alcohol related deaths are not limited to underage drinkers alone, the incidence of these alternate types of alcohol-related deaths is much higher with underage drinkers than with legal age drinkers. While it may seem difficult or uncomfortable to talk to your children about drinking, or you may believe that your children are too young to need to hear about the dangers of drinking, studies have shown that talking to children at young ages (even as early as 10) can have a more lasting impact and these lessons will be better implanted in young adults as they start to face situations where they are tempted by alcohol. Also, unfortunately many young children face pressure to try drinking at much younger ages than their parents realize.

In addition to protecting your own children, it is important to discuss these issues with your children to help insure that they are not in situations where they may injure others as a result of their underage drinking. Many young children do not realize that drinking at a young age may not only hurt themselves but also could lead to them hurting others as well as themselves.

If you or your child suffered personal injuries as the result of another’s actions while drinking please contact our office to discuss what legal options and remedies may be available to you and your loved ones. Please call today to make sure that you do not miss the chance to hold the person responsible for the injury liable for their actions.

Wrongful Death Lawsuit Filed Against Trucking Company and Truck Driver

Wed, 17 Apr 2013 23:22:48 -0600

A wrongful death lawsuit has been filed in connection with a tractor-trailer accident that occurred last month that resulted in the death of six people. The truck accident occurred when a tractor-trailer struck the back of a sports utility vehicle in which the six people were traveling. The six victims were killed after becoming trapped inside their vehicle after it caught on fire. A married couple, the couple’s daughter, the couple’s family friend and four children the couple were currently fostering were in the car when the car was hit by the truck, however two of the foster children were able to crawl out from the vehicle in time and survived the crash.

The lawsuit alleges wrongful death and names the trucking company as well as the driver of the tractor-trailer as Defendants in the lawsuit. According to the lawsuit, the plaintiffs are alleging that the driver had been driving over the number of straight hours in a row allowed by law, which likely led him to be too tired to be operating a vehicle at the time of the trucking accident. In addition to driving excess hours, the complaint is alleging that the driver kept multiple books tracking the hours he was driving so he could keep the actual amount of hours he was driving a secret from the regulation agencies. According to the Courier-Journal, the plaintiffs are seeking both compensatory and punitive damages. Compensatory damages aim to compensate the plaintiffs for costs that were incurred as a result of the accident and punitive damages are a type of monetary damage that aims to “punish” the person responsible for what has happened and to help deter that type of behavior from happening again.

Since the accident occurred, the United States Department of Transportation has ordered the trucking company to stop all operations because based on the information available, they believe that the company is a threat to the public, including allowing their drivers to alter their driving logs and not properly preserving the driver’s records. The driver of the truck has also been suspended by the Federal Motor Carrier Safety Administration because of his violation of the maximum hours of continuous driving rules.

These are serious violations and it is disturbing that not just a single driver ignored these truck driving safety rules, but that an entire trucking company ignored rules that were enacted to protect both drivers and the driving public. The rules were carefully planned and thought out and the maximum about of hours that truck drivers can drive at a given time was chosen in order to make sure that truck drivers are not overly tired when on the road. Our Chicago attorneys remind all drivers to always follow all driving and safety laws because they are there for the safety of drivers and for the safety of others. If you or a loved one was injured as a result of another driver’s disregard of driver safety laws, please contact our offices today to talk to an attorney about what legal options may be available to your family.

CTA Bus Accident in Chicago Injures Eight

Sun, 14 Apr 2013 23:17:46 -0600

A Chicago bus accident occurred at approximately 5:30am this morning, injuring eight people on the West Side of Chicago. The bus involved was a Chicago Transport Authority bus, referred to as the Chicago Avenue No. 66 bus, and was at the corner of Chicago Avenue and Pulaski Road in Humboldt Park when the accident occurred. The bus accident occurred when two motor vehicles crashed into the bus as it was traveling on the bus’ route down Chicago Avenue. While it is unclear at this time what led to the accident, it is known that one car crashed into the area around the left front tire and another car crashed near the left rear of the bus.

According to the Chicago Tribune, of the eight people that suffered some type of personal injury in the accident, five of the people were passengers on the bus, one person was the bus driver and the other two people were passengers of the cars that were involved in the accident. The injured people were taken to multiple hospitals around the area and all of those injured were listed in fair to serious medical condition.

Bus accidents can often be very serious and damaging, because of the sizes of the buses in comparison to the sizes of the cars that are involved in the accidents. Luckily, in the accident mentioned above the injuries do not appear to be life threatening even though much smaller cars collided into the bus. Given the severity of many bus accidents, bus drivers should always be extra cautious and aware when operating such large vehicles. All bus drivers should make sure to never drive when too tired, always stay alert and aware of their surroundings when on the road and not let passengers distract them from their driving.

Our Chicago personal injury attorneys ask all drivers, both of buses and passenger cars, to always be alert and aware of your surroundings and be cautious drivers. Paying attention at all times when driving can make a huge difference and prevent an accident.

If you or your loved one was insured in a car or bus accident and feel that the accident was caused by another driver of a vehicle that was not paying attention to the road, please contact our office today to discuss what legal options may be available to you and your family.

Chicago Alderman Fighting to Stop Use of Dangerous Coal Sealant in Chicago

Wed, 10 Apr 2013 21:33:57 -0600

A Chicago alderman is fighting to have an ordinance passed that would ban the use of a certain type of coal sealant that is commonly used on cracks in asphalt in the city of Chicago and throughout much of Illinois and the rest of the country. The reason that the Alderman is trying to have this type of coal sealant banned within the city of Chicago is that it has high level of carcinogens. The proposal that would call for a ban of this specific sealant is set to be revealed this week.

The manufacturer of this coal sealant promotes this product because they claim that this sealant extends the life of asphalt. However, those opposed to the use of this coal sealant claim that the level of carcinogens in this product are dangerous to the public because it can lead to cancer in those exposed. People may not realize how the sealant used on asphalt can affect pedestrians but there is evidence that the sealant wears off over time and the wear and tear creates a dust that gets into the air and of which is filled with these dangerous carcinogens. Certain studies have shown that this dust has even been trailed into people’s homes and carried into lake water. While this product is still considered legal in most regions of the country, according to the Chicago Tribune, there have been numerous cases in which companies that have dumped large amounts of this product have been prosecuted for this waste. This shows that there must be inherent danger in this product and that it can cause harm to the public that is exposed to these materials.

Many other counties and municipalities all over the country have expressed concern over this same issue. Austin, Texas was the first city to ban this type of coal sealant back in 2005 and many other United States cities and towns have also moved in this direction, banning the use of this specific type of dangerous coal sealant within their boundaries. The Chicago suburb of South Barrington is one of the many municipalities that have already banned the use of this product. The Chicago Alderman that is supporting this ordinance has state that he feels that it is time for Chicago to side with these other cities and counties and make sure that the sealants used on Chicago asphalt are safe for pedestrians.

Our Chicago personal injury attorneys support the use of safer products as sealants, especially when there is convincing evidence that these sealants can wear away and create dust that enters the air stream. We believe that is important to place residents safety above the quality and ability to last of a product and that an alternative must be used if the current option may cause severe personal injuries to people.

Trayvon Martin's Family Settles with Homeowner's Association in Wrongful Death Lawsuit

Fri, 05 Apr 2013 22:07:40 -0600

The family of Trayvon Martin, the young boy who was shot to death near his father's home in Florida last year, have reached a settlement in the wrongful death lawsuit that they filed against the homeowner’s association in which his father's house was located.

This case was highly publicized because a volunteer neighborhood watch person shot the teenage boy who did not appear to be doing anything to make the shooter have reason to be alarmed. The man who shot him, George Zimmerman, claimed to have shot Trayvon only after being attacked by the young boy but many people do not believe that this was accurate. There was no weapon on the young boy and he just had a beverage and snack with him from a quick trip to a convenience store.

The current settlement that was just made was not related to the criminal lawsuit against George Zimmerman or related to a civil lawsuit against him, and only involved the civil lawsuit against the homeowner's association. According to the Huffington Post, the exact amount that the homeowner's association settled the lawsuit for is unknown but it is believed to have been for over one million dollars.

The family of Trayvon sued the homeowner's association because they felt that the homeowner's association was partially responsible for the shooting of their son. It is unclear exactly what responsibility Trayvon’s family believed the homeowner’s association had in the death of their son, but in a wrongful death situation multiple parties may be named as defendants if there is evidence of wrongdoing on their part. Suing the homeowner's association does not bar the family of the victim from suing other people they also believe to be responsible for the wrongful death. Entering into a settlement agreement, like the homeowner's association did, does not mean that the defendant is admitting to any wrongdoing.

If a loved one was killed and you believe it was the fault of another person or persons, you may be able to file a wrongful death lawsuit against the person or persons you feel are responsible. Please contact our Illinois wrongful death attorneys today to discuss what legal options and legal remedies may be available to you and the rest of your family. Please call our office as soon as possible because there is a time limit on how long after a wrongful death occurs that the family of the victim can file a lawsuit against those responsible for the wrongful death.

Three Children Suffer Carbon Monoxide Poisoning in Chicago

Wed, 03 Apr 2013 14:13:55 -0600

Three Chicago area children suffered personal injuries this past Monday when they inhaled dangerous exhaust fumes. The incident occurred on the South Side of Chicago, and was caused by a parked car with a bad exhaust system. The car was running and the fumes leaked into the car, making the three children sick. The children were aged 1, 5 and 11 and were taken to Comer Children's Hospital after an EMS Plan One Alert was called to the location. According to the Chicago Tribune, all three children are listed in stable condition following the incident.

Bad exhaust systems in cars can lead to carbon monoxide poisoning to those exposed to these fumes. These fumes can be leaked into a car if it is left running while parked. The big issue and concern with carbon monoxide is that the gas is colorless, odorless, tasteless and typically does not immediately bother the person exposed.

Our Chicago personal injury attorneys ask all Chicago drivers to beware of carbon monoxide exposure and not leave your car parked cars with the engine running for any extended period of time. It is especially important to never leave the car running inside an enclosed space (such as a garage). In an enclosed space, even if the exhaust system works properly, there will be nowhere for the exhaust fumes to go so you may suffer carbon monoxide exposure. The symptoms of carbon monoxide poisoning are similar to flu symptoms, as well as headache, vertigo, confusion and light-headedness. Chronic exposure can lead to much more severe problems, so please make sure that you and your passengers are not exposed to carbon monoxide in your vehicle.

Carbon monoxide exposure in motor vehicles is preventable. Clogged exhaust pipes are a leading cause of carbon monoxide getting into the vehicle, so please make sure you always get your car regular serviced and that the exhaust system is checked out on a regular basis. At this time there is no legal requirement that vehicles have carbon monoxide detectors. In Illinois, in order to renew a car registration each year, Illinois drivers must take their car in for an emissions test each year to insure the exhaust system is not releasing too much carbon dioxide.

If you believe that you or a loved one suffered from carbon monoxide poisoning after you had your exhaust system checked out by a professional, please contact our Illinois personal injury attorneys today to see what legal remedies may be available to you.

Illinois Woman Killed in Semi Truck Crash

Wed, 27 Mar 2013 17:49:38 -0600

An Illinois woman was killed when the car that she was driving got into a trucking accident with a semi truck near Aurora, Illinois on Interstate 88. According to the Chicago Tribune, the driver of the semi truck, who was traveling in the opposite direction of the victim’s car, lost complete control of his vehicle, causing his truck to cross over the median on the Interstate and strike the woman’s car. The accident shut the section of the highway where the accident occurred down for close to six hours.

When the semi truck hit the victim’s car, both the semi truck and the woman’s car caught on fire immediately. The driver of the car was pronounced dead at the scene of the accident. The truck driver suffered no personal injuries from the accident. The Police Sergeant said that the semi truck was not carrying hazardous materials so there was no worry about a toxic spill.

At this time it is unknown what caused the semi truck driver to lose control of his truck and crash onto the other side of the Interstate. However, many trucking accidents are a result of driver fatigue, truck drivers driving at speeds to fast given the conditions and truck drivers that are distracted while driving. While it is always important for any driver to be rested, alert, paying attention and driving at appropriate speeds given the condition, when truck drivers make these mistakes the results can be even more dangerous.

Our Illinois truck accident attorneys ask all truck drivers to be extra alert and cautious about safety and aware of other drivers that are around them, because of the size and power of their vehicles. If truck drivers are paying attention and driving safely, hopefully less trucking accidents will occur in Illinois. If you or a loved one was injured as a result of a distracted truck driver or a truck driver that was otherwise responsible for the accident, please contact our Illinois personal injury attorneys today to discuss what legal options may be available to you and your family.

Kenwood Healthcare Center Found Responsible for Patient's Broken Hip

Sun, 24 Mar 2013 16:57:08 -0600

Our Chicago personal injury attorneys just helped the victim of nursing home neglect recover $842,801 in damages from the nursing home responsible for the neglect and for the victim's injuries. The nursing home is located on South Kenwood in Chicago and was known as Kenwood Healthcare Center at the time the victim was a resident, but now the facility at this address is known as Parkshore Estates.

The victim of the nursing home neglect slipped and fell back in December of 2008 while she was a resident at the nursing home. The nursing home was found liable for her injuries because when she was initially admitted to the nursing home she was able to move around on her own with a walker, then she fell and broke her hip because the nursing home failed to take the necessary safety precautions to insure that the resident did not suffer an avoidable fail. Our Chicago personal injury attorneys proved that nursing home did not take all necessary precautions to protect their residents from slips and falls.

Broken hips injuries at nursing homes are a very serious problem and can often be very severe for the resident injured. Elderly people typically have a more difficult time recovering from a broken hip, and the recovery process is very long and grueling, including surgery and a long recovery time. For residents that were previously mobile, being immobile for many months to recover from a broken hip can lead to an overall decline in the resident's well being as well as their overall demeanor. Often times recovery for broken hips can lead to further medical complications and issues in these elderly patients.

One big issue that our Chicago attorneys worry about is that so many of these broken hip falls that occur in nursing homes are completely avoidable if the nursing home takes all the necessary steps to insure that their residents can get around the facility safely. When a resident or a resident's family chooses a nursing home, they should be able to feel that the nursing home will take the best care possible of the resident.

In cases, such as this one, where it is clear that the nursing home neglected to take all the safety measures they should have, the resident is often able to recover more damages than just the amount needed to cover their medical bills. In the present case, the resident's medical bills totaled a little over $50,000 but the jury awarded the resident much more than this amount. Hopefully the nursing home will make sure that this type of avoidable slip and fall does not happen to other patients and will make sure to always give all of their residents the best care possible.

If your loved one was a resident at a nursing home and you feel that they suffered either neglect or abuse at the hands of the nursing home, please contact our Illinois personal injury attorneys today to discuss what legal remedies may be available to your loved one.