Illinois Personal Injury Lawyer Blog
By now everyone knows that distracted driving is a problem, and causes car accidents. Texting while driving is a big no-no, and there are numerous studies that document the number of personal injuries caused by drivers who were texting right before an impact. But, something you will notice more and more is distracted kids getting themselves into dangerous situations long before they can drive. Cell phones used to be solely the province of adults who had to take “business calls” on a moment’s notice. As time has passed, now everyone has a cell phone, including many young kids. The scary part of this is young kids on bikes, skateboards, scooters, and similar conveyances who are not only talking on the phone — but actually texting. Go near any school, playground, or place where kids hang out, and you will surely find a kid on a bike with a cellphone in their hand. Even scarier, watch that kid work their way towards a street crossing, and that cell phone is probably still in their hand. This puts those kids at risk of becoming an injury statistic. That child is at risk of not only getting hurt themselves but also causing an accident that could hurt others. Parents who allow their child to have a cell phone need to make sure that those children (yes, they are still children) are educated on how to use it properly. That includes teaching kids about when to use a cell phone so that they do not injure themselves or others. When riding a bike all kids should have a helmet on and a cell phone off. It just makes sense as a way to prevent serious personal injuries.
High School Football Personal Injury Prevention And Protection
As of this weekend, high schools across the state will be required to get catastrophic health insurance for their sports players. Known as the “Rocky Clark Law” (named for the Eisenhower High School player paralyzed from an injury in 2000) the law will require that every student-athlete be covered for millions of dollars for healthcare stemming from catastrophic personal injuries. The law is expected to be signed in by the Illinois Governor later this weekend. Many school districts already require, or provide, large health insurance for student-athletes. While this long can go a long way towards helping injured young people and their families deal with a tragedy after it happens, more important are efforts to avoid tragedies, and prevent injuries, before they happen. That is where programs to educate student-athletes come in. As part of USA Football’s “Heads Up” program, student-athletes, in one of the most violent contact sports played, are being taught how to play the game safer. It is all part of an initiative to make sports safer, and avoid serious personal injuries such as concussions from occurring in young people nationwide. A copy of Rock Clark’s Law can be found by clicking here.
Fatal Illinois Car Crashes
We are just past the halfway point of the year, and sadly, fatal car crashes in Illinois are on the rise. According to the Illinois Department of Transportation, as of today there have been 498 fatal crashes on the roadways of Illinois, which have resulted in 550 deaths. That is 15 more deaths than this time last year. Even scarier, 103 of these fatalities this year occurred in car crashes where there was an unlicensed driver involved, and 137 involved situations where it is known that a seatbelt was either not used or used improperly. A copy of the most current statistics from the Illinois Department Of Transportation can be found by clicking here. While cars have gotten safer, more and more travel on the roadways has lead to more fatalities. When you are behind the wheel you cannot control everything to prevent a serious injury to you or those you love. But there are many things you can control: drive safely, pay attention, use seat belts properly, and keep your car properly maintained (no bald tires, inoperable lights, cracked windows, or worn-out brakes). If you are sadly the victim of a car accident that was not your fault, you should contact an experienced Illinois personal injury attorney as soon as possible to make sure you know your rights. All lawsuits and claims are subject to time limits known as statutes of limitations. Failure to properly file a case within the applicable time limit will result in any injury case being barred. It is imperative that you talk to an attorney familiar with Illinois personal injury law as soon as possible after you are hurt to make sure you are doing everything you can to protect yourself.
Boating Safety – A Personal Injury Can Happen On The Water Too
It is the dog days of summer here in Chicagoland. As a result of temps pushing 90 degrees these days, more and more people are heading towards the water for a good time. Sadly, what many folks fail to appreciate is that there are dangers on the water, especially when powerboats, ranging from PWCs to large vessels, are involved. According to the U.S. Coast Guard, in 2012 there were over 1,000 accidents that involved a collision with a recreational vessel — resulting in 47 deaths. In addition, of the 459 drowning deaths on the water last year, 379 involved people who were not wearing a life jacket. Finally, the top two “contributing factors” to accidents: operator inattention and operator inexperience. A copy of the Coast Guard Recreational Boating Statistics for 2012 can be found here. The common sense that you exercise on the road to prevent accidents and injuries does not cease to exist when you are on the water. In fact, due to the lack of painted lines on the “roads” of water, and the risk of drowning that is not present on the streets, one needs to be that much more cautious when at play on a navigable waterway. If someone asked you if you would let your 14-year-old child take a 175 horsepower racing motorcycle out on the highway you would most likely say “of course not.” But, people do the same thing all the time when they put a high powered PWC in the hands of a teenager and send them out on the lake on their own. Hopefully, you would never think of having an open cooler of beer in your car and be tossing cans around as you drove around in the winter — yet people do it all the time in the summer when out on a boat. These are things that need to change. Just because powerboats, lakes, and good times all go hand in hand, that does not mean that a serious injury cannot follow. With the vast amount of waterways in the Chicagoland area, people need to protect themselves, and others, from personal injuries when out enjoying the great resources available in the area. The most basic steps to take to avoid being a personal injury victim: be aware and wear a life jacket. If you are injured in a boating accident, a personal injury attorney is your best resource to know what your rights are. Hopefully, you will never need to consult a personal injury attorney, because you will take the simple steps necessary to try and prevent a boating accident in the first place. But, if the unthinkable should happen, and you are injured, contact a knowledgeable personal injury attorney at once.
Lower Blood – Alcohol Limit to Crack Down On Drunk Driving
In an attempt to make the roadways safer, and cut down on personal injuries and deaths on American highways, recently the National Transportation Safety Board (NTSB) has called on state authorities to reduce the legal limit for alcohol intoxication to 0.05 percent. All 50 states currently have a blood alcohol content (BAC) limit of 0.08 percent for drivers 21 years old and over. While the NTSB does not have the power to change state laws (such as here in Illinois where the legal limit for those 21 years and older remains at 0.08 percent) its initiative on the lower limit could pressure regulators to adopt the stricter rule. This is part of the NTSB’s “Reaching Zero” campaign to help reduce alcohol-related accidents and increase awareness about the dangers of drinking and driving. A link to the NTSB safety report entitled, “Reaching Zero: Actions to Eliminate Alcohol-Impaired Driving” can be found by clicking here. All personal injury attorneys work towards not only getting compensation for those who are injured but also help reduce the number of incidents that cause personal injuries and wrongful deaths; this initiative is focused squarely on that purpose through not only a reduction in the “legal limit” but also through a strong campaign of high visibility enforcement and education on the injury dangers of impaired driving. The statistics are grim when it comes to car and truck accident injuries: one in three U.S. highway deaths involves an alcohol-impaired driver, according to the NTSB. This does not include thousands of serious non-fatal personal injuries suffered as a result of drivers who operate cars and trucks while under the influence of alcohol. Per the NTSB, in 2010 there were 292 fatalities in Illinois attributed to impaired driving — 292 people lost their lives as a result of someone being impaired while behind the wheel. That is a number that needs to be reduced immediately. If you or someone you know has been involved in an accident, whether alcohol was a factor or not, you should contact an experienced personal injury attorney as soon as possible. Only an attorney familiar with accident cases can properly counsel you on your rights with respect to what happened, and what type of compensation you may be entitled to.
Medical Bills – What If Your Do Not Have Health Insurance?
Whether it be in a car accident, slip and fall, construction accident, or any other incident where you are injured and it is not your fault, your number one concern should be getting better. Sadly, for many folks, a close second to that concern is, “without health insurance, what do I do about my medical bills?” The purpose of personal injury claims, whether they be injury lawsuits in court or claims settled through insurance companies, is to get full compensation for the victim — including payment of medical bills. What many injured people do not realize is that from the time you are injured until the time your claim is resolved, those medical bills need to be dealt with. A good personal injury attorney can help you with that process. Whether it be getting payment plans set up, getting the bills deferred, managing liens that may be filed, or uncovering medical payment coverage you never knew you had, an attorney is your best resource for getting medical bills not only potentially paid at the close of a matter but also managed throughout the process. Personal injury attorneys are skilled at finding available insurance coverage and resolving medical liens, which can mean not only smaller bills but also fewer headaches in getting those bills resolved. If you are injured and it is not your fault, contact an experienced personal injury attorney as soon as possible so you know what your rights are. Trying to navigate things like medpay coverage, medical liens, lien reductions, the common fund doctrine, and other matters related to medical expenses is extremely difficult for someone who is not experienced in these matters. Do not shortchange yourself with something as important as getting better and getting full compensation for your injuries.
Recorded Statements – Who Are You Helping?
Insurance companies love to take “recorded statements” of people involved in situations where someone was injured. Even before a personal injury case is filed, adjusters and others at insurers will contact personal injury victims asking them if they would be willing to give a recorded statement on what happened. Before you give a recorded statement as the victim of an injury you need to think: who am I helping with this? While you may feel giving the responsible party’s insurance company a recorded statement of what happened will help your claim get resolved quicker or for more money, you are most likely incorrect. Any personal injury attorney will advise you that, in most situations, as a personal injury victim, giving a recorded statement to the responsible party’s insurance company without representation is not in your best interest. Personal injury lawyers know that insurance companies often use recorded statements against the people who gave them, regularly trying to say that the victim is changing their story or that based on a specific way the question was asked, they were not hurt how, or as badly, as they claim in a lawsuit (which they may have no choice but to pursue). If you are the victim of a car accident injury, slip and fall injury, or any other personal injury, and you are asked to give a recorded statement, you should check with an experienced injury attorney first to know if you should give the statement, and what your legal rights are. A lawyer you retain is there to protect you and your best interest.
Fireworks Injuries – Leave The Displays To The Pros
The 4th of July is just around the corner, and that means fireworks. Everyone loves going to big fireworks displays with their family. But, sadly, some people still also enjoy setting off their own fireworks — amateurs playing with dangerous explosives in an uncontrolled environment. The dangers of fireworks, especially when it comes to personal injuries, would seem obvious. However, based on the statistics compiled by the National Fire Protection Association, apparently, the injury dangers are not clear to everyone:
- In 2010, fireworks caused an estimated 15,500 reported fires, including 1,100 total structure fires, 300 vehicle fires, and 14,100 outside and other fires. These fires resulted in an estimated eight reported civilian deaths, 60 civilian injuries, and $36 million in direct property damage.
- In 2010, U.S. hospital emergency rooms treated an estimated 8,600 people for fireworks-related injuries; 57% of 2010 emergency room fireworks-related injuries were to the extremities and 37% were to the head.
Illinois Personal Injury Class Action Cases – Legal Unicorns
Our office is routinely contacted by injured people asking for an attorney to represent them in a class action case for their personal injuries, or, asking if there is already a class action case going for the type of bodily injury they suffered. Thanks to the popular media, and abundant legal advertising by injury attorneys in Illinois and elsewhere, many people wrongfully believe that you can be part of a class action case for personal injuries suffered. Here in Illinois, there is no such thing. Class action cases are brought on behalf of a group of people who were “injured” in some similar way, caused by the same facts, where the injuries are essentially the same for everyone. The “injury” is not to the body but is usually financial. A good example is an environmental case where a company dumps a toxic chemical in a neighborhood and the property values of all the homes surrounding it are decreased. Our firm has handled many such environmental class action cases. However, cases where that same chemical dumping is involved, but the injuries are personal injuries (such as the development of cancers linked to the chemical) cannot be part of a class action. The reason: they are inherently personal injuries, not identical across the group; the “personal” in “personal injury.” Now, when something happens and many people suffer personal injuries as a result of some type of wrongdoing, such as through the use of a defective medical device or drug, some injury attorneys will handle the cases together and try and get them consolidated into a group and put on the same track. But they are still each distinct cases and thus, not a “class” (which is generally more than 50 people) under the law. Do not be confused, in the eyes of the law a “class action” and “consolidated cases” are two very different things. Whether you are part of a class, injured in a situation that must be brought as an individual case, or just wonder what your legal rights are, only a qualified attorney can properly advise you on the law. Do not rely on what you see in the media or in advertisements. If you are injured or have questions on your legal rights, you should contact an experienced lawyer without delay.
I Can’t Go to Court? – Agreements to waive right to a jury, right to sue, or requiring binding arbitration
It has previously been discussed on this blog that you should be careful what you sign, as you may not realize you are waiving your rights to recover for a personal injury you suffer due to someone else’s negligence. But, it is not just outright waiving your right to recover for injuries that you need to be aware of these days. There are more and more things out there that people are being asked to sign that restrict their ability to have a jury of their peers decide what they are entitled to as compensation for personal injuries. Waiving your right to a jury trial means that while you may be able to sue for your injuries, that lawsuit will be decided by a judge, and not a jury. This is not always the best way for you, or your attorney on your behalf, to get you the maximum recovery you are entitled to. The right to a jury trial in a civil case for personal injuries is an important one that should not be waived without serious thought. The same is true of mandatory arbitration provisions. These often force an injury victim to pursue compensation in a non-court, private setting. This could result in a situation where you, the injured victim, are forced to incur tens of thousands of dollars in costs to pay an arbitrator to decide if you are entitled to any compensation for your injuries. In many instances, a personal injury lawsuit is a better option for an injured victim to seek justice. Before you sign any document that affects your rights, make sure you understand what you are agreeing to. If you do not understand what is presented to you, talk to an attorney. He or she can advise you about the consequences of what you are being asked to sign, in terms of personal injury claims, and other legal issues.