Chicago Personal Injury Lawyer Blog

Every year, tens of thousands of people will take an Alaskan cruise and enjoy some of the most beautiful natural scenery in the world. A top attraction on nearly every Alaskan cruise is the magnificent Mendenhall Glacier. Although many people view glacier by land, others can explore the glacier by kayak. Last weekend, four Royal Caribbean passengers decided to rent kayaks to paddle along Mendenhall Lake while the cruise ship was in dock. Unfortunately, one never made it back to his cruise ship after his kayak overturned in the lake.

On July 15, 2012, 62 year-old Michael Fullerton of Texas was one of four family members that decided to rent kayaks along the Mendenhall Lake. As passengers of Royal Caribbean's Rhapsody of the Seas, the four planned on returning to the cruise ship later that day. While kayaking, Fullerton reportedly became fatigued and was unable to continue paddling. According to Tongass National Forrest Supervisor Forrest Cole, the "group tied their kayaks together." At some point, the kayaks overturned. Three of the four family members survived, suffering only mild hypothermic injuries. Fullerton, however, drowned to death in the lake. According to Cole, it is unclear how the kayaks overturned.

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Earlier this month, over 2,000 former NFL players filed a personal injury and intentional tort lawsuit against the league over head injuries. The lawsuit alleges the NFL ignored and concealed information on the seriousness of football related concussions that have caused permanent brain damage to many players. The action was filed after several NFL players recently committed suicide, including Junior Seau and Dave Duerson, allegedly caused by depression, dementia and/or other disorders from brain damaged produced by concussions during their football careers.

As with any personal injury lawsuit alleging negligence, the NFL players must prove the elements of their case and defeat any affirmative defenses. Specifically, the NFL players must prove: 1) the NFL owed the players a duty of care; 2) the NFL breached that duty of care; 3) the breach of that duty of care caused injury; and 4) specific damages resulting from that breach of care. The parties will inevitably battle over each of these elements.

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According to AARP, two-thirds of all people age 65 and over will require nursing home care . Thus, at one point in time, most of us will be faced with the decision of selecting a nursing home for a loved one. Below are some helpful tips on how to select a nursing home based on a variety of considerations.

Research Nursing Homes And Get References

Although not always possible, it is very important to research extensively before selecting a nursing home for a loved one. The Centers for Medicare & Medicaid Service website, http://www.medicare.gov/nursing/overview.asp, is a good starting point. There, you can compare nursing homes utilizing the government's five star quality rating system, use their nursing home checklist when visiting a nursing home, and access other helpful information on nursing home selection matters. Choose a nursing home that is Medicare certified is critical. These nursing homes are inspected every year. Any complaints must be investigated by the Medicare. Inspection reports available through state health departments are also valuable sources of information on patient safety, including matters related to patient falls, bed sores, assaults, and other personal injury matters.
There is a lot of information that can be learned online regarding nursing homes. However, the internet should not be your only source of information. Personal references on nursing homes from doctors, nursing, friends, and family can be invaluable.

Try Choosing A Nearby Nursing Home

One of the biggest predictors for quality nursing home care is how often the patient receives visits from friends and family. For this reason, it is important to choose a nursing home location that allows friends and family to visit the patient as often as possible. Although there are many important considerations, the ability of friends and family to visit your loved one frequently should be at or near the top.

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Purchasing a new vehicle is one of the most important decisions a consumer can make. There are many factors people use in deciding which car to purchase, including price, seating capacity, and appearance. However, as a personal injury lawyer that has handled many serious auto accident cases, I suggest vehicle safety should be the number one consideration used in purchasing a new vehicle. For those interested in automobile safety, this article discusses the safest 2012 cars that can be purchased based on information obtained from the Insurance Institute for Highway Safety and Forbes Magazine, along with the latest safety features equipped in many new vehicles. Fortunately, the safest cars are not necessarily the most expensive, as there are many vehicles under $30,000 that meet the highest safety standards.
According to the U.S. Department of Transportation, 32,885 people died in auto accidents in 2010. Although 30,000 plus deaths is a lot, this statistic represents a drop of 2.9 percent from 2009 fatalities. Improved automobile safety or crash worthiness is a major reason for this drop. Nonetheless, automobile related fatalities continue to be the leading cause of death for individuals between the ages of three and 34. According to the Centers for Disease Control and Prevention, the costs of medical care and productivity lost from vehicle crashes resulting in personal injury or death is [over $99 billion.]
There are many ways to avoid a fatal auto accidents--some of which are reasonable and while others are not. Selecting a safe vehicle is one way. Indeed, a recent Consumer Reports survey revealed that 65% of respondents said vehicle safety was their top priority among all purchase considerations. For women, the number was 74%.

Continue reading "The Safest 2012 Vehicles You Can Buy And Why You Should Consider Them" »

As we have all heard by now, this country has a serious problem with auto accidents caused by distracted driving. According to the National Highway Transportation Safety Administration, 80% of all auto accidents involve some form of distracted driving. The main reason most drivers become distracted these days is because they cannot put down their cell phone. Just recently, the NHTSA issued report on actual or near car accidents involving drivers on cell phones. Based on the report, young drivers had the highest level of cell-phone involved car accidents or near car accident incidents than any age group. Of drivers aged 18 to 20 who were involved in an auto accident, 13% admitted they were using their cell phone at the time of the crash. As a Chicago personal injury lawyer experienced in prosecuting auto accidents involving distraction, the NHTSA's report is certainly troubling--but hardly surprising.

Just recently, I was driving my own children home from soccer. In front of me was a twenty-something stopped at a green light. After five seconds, I tapped my horn and she sped off. Two blocks later, we came to a stop again. As I looked at her through her rear view mirror, I saw her head quickly tilt down and not move for at least twenty seconds. When the light turned green, traffic in front of her moved. She didn't. Once again, I honked my horn. Her head popped up and she hit the gas--but not without glaring at me from her rear view mirror. Apparently, I had distracted her from an important text or email. As we traveled another few blocks, I saw her head tilt down again but, this time, she was not stopped. She was driving down the road, with traffic in front of her, in a residential neighborhood. A half block later, cars in front of her slowed down. She didn't. I immediately honked my horn again, hoping to distract her attention to the road. Fortunately, it worked--but just barely. She slammed on her brakes and just missed hitting the mini van in front of her. Having just experienced a near miss collision, you would think she learned her lesson, right? Nope. She tilted her head back down and returned to her cell phone.

Continue reading "Cell Phone Related Auto Accidents A Growing Epidemic " »

This month, the Illinois Central Railroad Company settled a wrongful death lawsuit with the family of a Chicago Dancer killed in a train crossing crash. On April 16, 2010, twenty-six year Katie Ann Lunn was returning home from watching her dance students perform at a competition. When Lunn reached a University Park train crossing, her SUV was struck by an Amtrak train killing the beloved dance instructor. The wrongful death lawsuit claimed the railroad crossing signals were turned off earlier that day for maintenance work and were never reactivated. Witnesses told the Chicago Sun Times after the crash that when they drove over the railroad seconds before the fatal crash the signals were not working and the gate did not come down until the train had almost passed them.

According to the Federal Railroad Administration Office Of Safety Analysis, there were 10,951 train accidents in the United States last year, resulting in 248 fatalities. In Illinois, there were 950 train accidents last year. Although there were no fatalities in 2011, there have already been several in 2012 including two in the Chicagoland area.

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Last week, an eighty-eight year old female was killed while riding an escalator at a train station in Lindenhurst, New York. Initial reports indicate a broken escalator handrail prevented the elderly woman from grasping the handrail. The woman's clothes then got stuck in the escalator while she was on the ground, causing the woman to slowly choke to death. Just minutes before the woman's apparent wrongful death, an elderly man had a similar incident on the same escalator but seemed to escape serious personal injury.

In the United States, there are approximately 35,000 escalators providing about 105 billion passenger trips each year. Most escalators are located in commercial and public buildings like malls, hospitals, airports, and train stations. Although escalators speed up passenger travel from one point to another, escalators can cause serious injury or death if they are defective or improperly maintained.

Continue reading "Broken Escalator Handrail Blamed For Death of Elderly Women" »

Last month, Goodyear Tire recalled about 41,000 Wrangler Silent Armor tires made in 2009 based on concerns some could tear and lead to auto accidents. The recall comes on the heels of a fatal roll over crash in Texas involving a vehicle equipped with the tires. According to a Goodyear spokesman, there are approximately 27,000 of these tires still in service on various pickup trucks, vans and SUVs. In a letter to the National Highway Traffic Safety Administration, Goodyear said during severe weather a small number of its Wrangler SA could experience tread separation and cause vehicle damage or a vehicle crash.

Goodyear and other tire manufacturers have faced hefty lawsuits involving serious personal injury and wrongful death for allegedly defective tires. In 2004, four people were killed in a Utah auto accident equipped with Goodyear tires. The surviving family members filed a wrongful death, product liability lawsuit alleging the deadly crash was caused by a Goodyear tire that blew out, resulting in the family van overturning on the highway. Last year, the Nevada Supreme upheld a $32.2 million dollar verdict for the family and against Goodyear.

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In recent years, manufacturers of baby food and energy bars have been increasingly turning to perceived healthier sweeteners like brown rice syrup for their products. Despite this well-intended endeavor, there are potentially serious unintended consequences to this sweetener. According to researches from Dartmouth College, brown syrup rice contains alarming levels of arsenic that are up to six times higher than the acceptable arsenic levels in water. These high levels of arsenic may cause serious personal injury or death.

Arsenic is a naturally occurring element found in soil and water. At very high levels, arsenic can be deadly. Even in lower levels, arsenic can cause various medical symptoms like nausea and vomiting. Arsenic also decreases the amount of red and white blood cells produced in the body. Further, arsenic can cause abnormal heart rhythms and may damage blood vessels as well as cause abnormal sensations in hands and feet.

Less is known about the impact of long term and continuous exposure to low levels of arsenic. However, arsenic is associated with higher rates of skin, bladder, and lung cancer, says Navas-Acien, assistant professor of environmental health sciences and epidemiology at John Hopkins in Baltimore. "When a substance is a carcinogen, it's generally a carcinogen through the whole range of exposure levels," says Acien.

Continue reading "High Levels Of Arsenic Found In Baby Formula And Energy Bars" »

Less than two years since the Indiana State Fair stage collapse that killed seven and injured over forty-five others, fingering pointing among those involved has escalated dramatically. The Indiana Occupational Safety And Health Administration recently levied fines against Mid-America Sound Corp, the company charged with erecting the stage, the Indiana Fair Commission, the entity in charge of the venue, and the union that worked the site. Although Mid-America Sound received the largest fine, the company denies any responsibility. Instead, Mid-America Sound blames the Fair Commission, claiming they failed to heed warnings about the stages structural integrity during high winds. The Fair Commission blames the band Sugarland, who was scheduled to perform just before the storm, claiming the band refused to delay their concert despite being told of severe incoming storms. While there is much debate around all who should be blamed, the basic facts about what happened are well established.

On August 13, 2011 at 6:00 PM, the National Weather Service Storm Prediction Center issued a "severe thunderstorm watch" for central Indiana, which included the location of the Indiana State Fair in Indianapolis. The Emergency Alert System bulletin cautioned the storm was capable of producing winds up to 70 MPH. At 8:39 PM, the Indiana State Police say they issued a warning to the crowd in the grandstand suggesting they should take cover because of incoming severe weather. About ten minutes later, strong winds thundered in causing the stage to collapse, resulting in 4 deaths. Over 45 others suffer various personal injuries. Wind gusts exceeded 70 MPH. The stage collapse occurred between live musical performances by Sara Bareilles and Sugarland. Earlier, pop singer Janet Jackson and country band Lady Antebellum cancelled their performances.

Since the stage collapse, lawyers for those injured or who lost loved ones filed a class action lawsuit against the State of Indiana for personal injury and wrongful death. Most of those claims have settled. Another lawsuit had been filed against Sugarland claiming the band negligently refused to delay starting their concert despite being told of impending severe weather.

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After watching the Super Bowl, Jason Wepsiec left his home in Sauk Village to see his fiancé in Plainfield. What Wepsiec and his fiancé did not know is that he would be killed in a car accident later that morning by an alleged drunk driver. Wepsiec was traveling down I-80 outside of Chicago when the operator of an Infinity, traveling the wrong direction, crashed into Wepsiec. At age 34, Wepsiec was killed along with three of the four people in the Infinity including the driver.

According to police, the driver of the Infinity, Gustavo Vargas, was traveling down I-294 when he inadvertently turned onto westbound I-80. Rather then wait until the next exit, Vargas decided to make a U-turn on I-80 heading east in the westbound lanes to get back to the northbound Tri-State expressway. As a result of the head on collision, the Infinity exploded into flames. Both vehicles involved in this horrific car accident are nearly unrecognizable. The impact was so severe that the frontend damage to Wepsiec's Ford Escort extended to the back seat.

Continue reading "Fatal Chicago Area Car Accident By Drunk Driver Traveling Wrong Way" »

Motorcycles accidents result in over 5,000 deaths every year in the United States. Compared to automobile drivers, motorcycle riders are 30 times more likely to be killed in a crash. The main reason for the high rate of motorcycle accident fatalities is that motorcycles provide virtually no protection in the event of a crash compared to a car. As a Chicago personal injury lawyer, I am all too familiar with risks of catastrophic injuries from motorcycle accidents. However, there is one simple measure that can drastically reduce the risk of a fatal motorcycle accident. That simple measure is to wear a helmet.

Motorcycle helmets prevent 37% of motorcycle rider fatalities and 41% of passenger fatalities. Thus, helmets increase a motorcycle rider's (and passenger's) chance of survival by over one third. In addition, motorcycle helmets help prevent serious personal injury including brain damage. Indeed, motorcycle helmets reduce the risk of serious head injuries by 69%.

Continue reading "Is It Suicidal For A Motorcycle Rider To Not Wear A Helmet? " »

Choking hazards are leading cause of unintended wrongful death and serious personal injury in small children. Every year, the Consumer Product Safety Commission (CPSC) issues recalls for toys that can pose a risk of injury to children, including choking hazards. Just recently, the CPSC and Health Canada announced the recall of the Colorful Hearts Teddy Bear By Build-A-Bear. The recall was announced because the teddy bear's eyes could loosen and fall out, creating a choking hazard for small children. For additional information on this recall and other recalled toys, visit the CPSC website at http://www.cpsc.gov/.

Choking is the fourth leading cause of unintentional death in children under 5. The size of a small child's trachea is about the diameter of drinking straw. Thus, any small item can pose a serious risk of choking. Common sources of choking hazards include toys, household products and foods. Toy manufacturers often label their products as choking hazards. However, just because product manufacturer does not provide such a warning is no guarantee the product poses no choking hazard, particularly if it breaks. Indeed, there have been many product liability lawsuits that involve a failure to warn by the manufacturer, including those involving choking hazards.

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Early this month, the National Transportation Safety Board (or NTSB) recommended a full ban on the use of cell phones while driving. The proposed ban also includes any other texting devices while driving. Emergency situations are exempt from the ban. According to the NTSB, a complete ban on cell phone use by drivers, including hands free devices, is necessary to combat the growing dangers of auto accidents caused by distracted driving.

Personal injury lawyers like myself have long recognized that distracted driving is a leading cause of car accidents and other motor vehicle collisions. When a driver is distracted while driving, the risk of collision increases dramatically. This happens because the driver's attention is focused on something other than their most important task--driving their vehicle. As a result, something happens in front of the distracted driver that they do not perceive quickly, if at all, resulting in, at best, a delayed reaction to approaching danger.

Nearly everyone agrees that distracted driving is dangerous and can cause serious injury or death. Nearly everyone agrees texting, reading email, and dialing a phone number all examples of distracted driving. However, nearly every driver has guilty of this practice. All too often, the lesson of distracted driving is only realized when a serious accident occurs.

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The holidays are a wonderful way to spend time with family and friends. Part of the holiday fun for many includes buying toys for children. In the fast passed holiday season, it is important to take time purchase toys that are both fun and safe. Every year thousands of children suffer serious personal injury or are killed by toys. Having handled product liability cases including those involving children's toys, I have combined my thoughts on toy safety with some excellent advice offered by Cincinnati Children's Hospital and the American Academy of Pediatrics.

Buy Age Appropriate Toys: Virtually all toys these days have a label indicating the minimum age recommended for the toy. This is important for not only how likely the child will enjoy the toy given their age, but also whether the toy is safe for the child. Some toys for older children are dangerous younger children. This is particularly true for children under the age of two who are at higher risk for choking on toys.

Buy Sturdy Toys Without Sharp Corners: Purchase toys with sturdy construction. Flimsy, cheap or otherwise poorly constructed toys can break easily and injure a child. Likewise, toys with sharp corners can be dangerous especially for very young children. The biggest concern with sharp corners is the risk of eye injuries.

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