Posted on June 04, 2019 in Car Accidents

In the latest statistics released April 2019, the Illinois Department of Transportation reported that the statewide number of auto accident fatalities rose 8 percent for the second year in a row, while miles driven rose less than 2 percent. The nationwide rise in fatal crashes has been linked to higher highway speed limits, and this is somewhat borne out by Illinois statistics. Controlled-access, interstate-type highways saw a 16% jump in fatalities from 2015 to 2016, while state routes saw a 32% leap.

However, the rise in fatalities was offset by a significant reduction in A-injury accidents, defined as an incapacitating injury such as severe cuts, broken bones, head injuries, and internal injuries. While the total number of fatalities rose from 998 to 1,078, an increase of 8 percent, the total number of A-injuries dropped from 10,078 to 9.060, a decline of 10 percent.

In Cook County alone, there were 255 fatal accidents and 3,170 A-injury accidents. Will County saw 42 fatal crashes and 427 A-injury crashes in 2016.

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 Posted on May 31, 2019 in Car Accidents

If a tire blowout or loss of traction due to bald tires causes you to lose control of your car, leading to a car accident with injuries, will you be found at fault and liable for the injuries to others? Or, does this situation qualify as one of those “acts of God” for which you cannot be held responsible? The answer depends largely on whether negligence on your part contributed to the collision. In order to be found at fault for injuries to others, you must have been negligent or careless in some way.

However, some type of negligence on your part does not necessarily mean you will be found 100 percent at fault for a collision. There is always the possibility that the other driver was partially or primarily at fault, perhaps because they disobeyed a traffic signal or committed some other traffic violation.

Here are a few examples to illustrate when a tire failure might result in your being judged at fault or not at fault for a collision.

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 Posted on May 29, 2019 in Birth Injuries

When a baby dies after at least 20 weeks of pregnancy but prior to birth, this is termed a stillbirth. Problems with the placenta or umbilical cord are two of the most common causes of stillbirth, and both of these problems can often be diagnosed via prenatal ultrasound tests. If your doctor failed to identify and provide appropriate treatment for a condition that led to your child being stillborn, you could have grounds for a medical malpractice lawsuit for infant wrongful death.

Illinois Law on Wrongful Death of an Unborn Child

Some states strictly limit the amount of damages that can be claimed by parents for the wrongful death of a child, essentially allowing recovery only for funeral expenses. Some states do not allow parents to make a wrongful death claim at all for an unborn child. In Illinois, however, the law states that parents can claim compensation for grief, sorrow, and mental suffering in addition to actual expenses. Illinois law also holds that “the state of gestation or development of a human being” does not prevent parents from pursuing a claim for

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 Posted on May 20, 2019 in Car Accidents

Whiplash is a common car crash injury that not only causes severe pain in the days immediately following a crash but can also cause disorders that persist for years. If you suffered whiplash in a rear-end collision, you may be able to claim compensation for your injuries from the at-fault driver’s auto insurance company. However, because this type of soft-tissue injury is rarely visible on X-rays, MRIs, or CT scans, you can expect the auto insurance company to argue the reality and severity of your injury. You may need the help of an experienced car accident injury lawyer to prove the full extent of your injuries and demand all due compensation. If your damages exceed the other driver’s liability coverage, your attorney may also recommend suing that driver personally.

Allow Time to Evaluate the Full Extent of Injuries

While it is important to file an insurance claim immediately after any car accident, you should not rush to settle a claim involving a whiplash injury. It may take months for the full effects of a whiplash injury to become evident. You may need expensive surgeries and other therapies to relieve your pain and address other symptoms. You could be unable to work, care for your family, and generally enjoy life for months or years. You deserve compensation for all of your losses, both financial and emotional, that stem from a car crash caused by another driver’s negligence or carelessness.

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 Posted on May 15, 2019 in Truck Accidents

If you have been seriously injured in a collision with a commercial truck or semi-trailer, proving that the crash was primarily the truck’s fault will be crucial to obtain compensation for your injuries. Three things you can do to improve your chances of winning your case are: document, watch what you say, and consult an experienced truck accident lawyer.

1.  Document As Much As You Can About a Truck Accident

The quality of witness testimony about an accident can play a crucial role in the determination of fault and the amount of compensation that will be paid. The more you can document about the accident and its aftermath, the better. Start a journal or computer file, and write down everything you remember, feel, and do. Also, take pictures of your injuries, your vehicle, the crash site, any medications or medical devices (e.g., casts or braces) prescribed, and anything else that could later serve as evidence.

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 Posted on April 26, 2019 in Medical Malpractice

Surgery with anesthesia always poses some risks to the patient. Many patients choose to proceed with a surgery even after being informed of the risk that the surgery might not have the desired results, because the consequences of not having the surgery are equally dire. Injuries and deaths can happen even when the surgical team does everything right according to current medical standards and best practices. Thus, not every injury resulting from a surgical procedure can be claimed as medical malpractice. However, if you or a loved one have suffered a significant personal injury or wrongful death with substantial financial damages as the result of medical incompetence or negligence during a surgery with anesthesia, you may have grounds for a medical malpractice lawsuit.

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 Posted on April 18, 2019 in Birth Injuries

When a hospital or birth center fails to adhere to obstetric standards of care, a baby can suffer severe birth injuries. One health professional’s negligence, or a combination of medical mistakes, can cause irreparable harm to both the child and mother.

Filing a medical malpractice lawsuit may be far from the minds of grieving parents. However, it is crucial to begin the evidence-gathering process as soon as possible after an infant death or injury, because memories quickly fade, and important evidence could be lost. While you have up to eight years to file a birth injury claim in Illinois, it takes months to gather the necessary evidence and prepare to file a claim.  

Medical Records Review and Analysis

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 Posted on April 11, 2019 in Truck Accidents

If someone in your family has been seriously injured in a truck accident, you are part of a dangerous nationwide trend. In March 2019, the Federal Motor Carrier Safety Administration (FMCSA) issued its latest highway crash statistics for the year 2017. From 2016 to 2017, the number of large commercial trucks involved in fatal crashes in the U.S. rose from 4,251 to 4,657, an increase of 10%. Thousands more commercial truck crashes involved serious injuries. These statistics are concerning, because while the amount of semi-truck traffic on America’s roadways has been rising, the number of crashes is rising faster.   

Of course, FMCSA requires interstate commercial trucking companies to carry large amounts of liability insurance. For non-hazardous cargo trucks weighing 10,000 pounds or more, the minimum liability insurance is $750,000. Thus, anyone injured in a truck crash should be able to collect compensation for their injuries from the trucking company’s insurance policy.

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 Posted on April 04, 2019 in Defective Products

To win a product liability lawsuit, you have to prove that the product caused a significant injury and financial loss. When someone is instantly injured by a defective product, as when a child is poisoned by a product with unsafe packaging, it is easy to see the causal connection between the product and the injury. However, when someone is exposed to a product over a long period of time and alleges that the product gave them cancer, the causal connection is much harder to prove. So, how do you prove causation and win compensation for a personal injury when the damage caused by a dangerous product happened over a long period of time? 

Proving Causation in a Long-Term Exposure Lawsuit

Government warnings based on scientific research. Years of research are typically required to prove how a particular chemical affects the human body. Government agencies often fund this research and issue associated warnings and regulations, including the Agency for Toxic Substances and Disease Registry (ATSDR), the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency (EPA), and the Occupational Safety & Health Administration (OSHA).

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 Posted on March 21, 2019 in Defective Products

You have probably seen a warning label on at least one product in your house, from laundry detergent pods to hair dryers. But do you know why that warning label is there? One reason is to prevent you from winning a product liability lawsuit against the manufacturer.

Product liability lawsuits are different from other personal injury lawsuits in one important way. In most personal injury cases, you must show that you suffered injury due to another party’s negligence, meaning that they failed to act with reasonable caution. In a product liability case, however, you do not have to show negligence. You only have to show that you suffered injury because a defect in the product made it dangerous or unfit for its intended use. You can argue your case based on one of three types of defects:

• A defect in design

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