Posted on August 04, 2016 in Firm News

If we really took time to think about all the ways we could be hurt or killed in everyday life we might never get out of bed. That would not be good for the Illinois economy or our own well-being. We have to work. Indeed, as social animals, there's a certain instinct for us to engage with the world somehow.

No, most of us want and need to be active. Still, life has its risks and injuries in the workplace are bound to occur. When they do, workers' compensation insurance is the means by which individuals are supposed to get the treatment they need and to get back on their feet, without any delay due to disagreements about who might be to blame.

When most of us ponder the possibility of getting hurt at work, we might imagine a few common scenarios. In construction, it might be a fall from a scaffolding. In factory work, it might be injuries from repetitive activity. Of course, there are always back injuries.

Injuries due to violence in the work place probably doesn't even register, but there are good reasons why the issue deserves focus. For one thing, injuries resulting from workplace violence should be covered by workers' compensation, but some insurance companies have just stopped offering policies.

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 Posted on July 28, 2016 in Firm News

It's hot out. That's to be expected. It's summer across the country, including here in central Illinois. Folks often call these the "dog days." While it's commonly thought that the phrase came into being to describe days so hot that even dogs couldn't bring themselves to stir, its roots are actually more astronomical.

To the ancient Greeks, the hottest days of the summer were marked by the appearance in the heavens of Sirius, the Dog Star. When it appeared before the sun's rising, it meant the arrival of the hottest season and raised fears of fevers and catastrophe.

We don't associate summer with Sirius today. We just know it's hot. But concern about the heat is something farm operators should be taking seriously to avoid possible injury to farm workers.

Long-term weather forecasting isn't particularly accurate, but that doesn't stop meteorologists from making the effort. According to the National Weather Service, the outlook from August to October indicates that temperatures in the region will be higher than normal. The outlook for precipitation is less clear, but it's thought that crops will probably be all right.

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 Posted on July 21, 2016 in Car Accidents

The question above might not one many in central Illinois ponder. Anyone familiar with the automotive world knows that owning a Tesla is not something the average motorist can aspire to. The all-electric, high-tech cars are nothing if not expensive.

Experts generally agree that what makes a Tesla costly is its power plant. Another element may be that the technology features of the cars are not tried and true. You may ask what does any of this have to do with a legal blog focused on car accidents. The answer has to do with addressing who is liable when someone is injured in a crash involving a Tesla.

This issue has surfaced in recent months in the wake of a deadly crash of a Tesla Model S in Florida. The collision between a Tesla and a semitrailer truck left an Ohio man dead. Because the car was apparently in "Autopilot" mode, some legal observers and autonomous vehicle engineers say Tesla could be held accountable.

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 Posted on July 19, 2016 in Car Accidents

You see them every day, people looking down at their phones instead of at the road. They sit idle while the light changes or are puttering along much slower than the posted speed limit. Or worse yet, they drift from one side of their lane to the other, oblivious.

Most, if not all of us, like to drive safely. Yet our roads are plagued with drivers texting at the wheel.

In fact, a recent AT&T study of 1,000 telephone respondents found that 98% of us believe texting while driving is dangerous, but only 74% of us are able to avoid doing it. Even fewer of us admit fault when we do.

Why is there such a discrepancy between what we believe is right and what we do?

The problem has to do with dopamine. Dopamine is the neurotransmitter in our brains called the "reward chemical" because it is associated with pleasure. It has other functions as well, such as regulating movement and attention control. But with texting, and texting and driving, it is what is released when we get a text. It excites us. 

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 Posted on July 14, 2016 in Firm News

If you cut your finger, you can pretty well guess what it is going to take to fully recovery. It might require nothing more than an adhesive bandage, maybe several of them. More serious lacerations might need stitches and more concern about possible infection. In any event, there's little chance that the circumstances will warrant even considering seeking recovery through a personal injury claim. It just wouldn't be worth the effort.

The same probably won't be true for any resident in Illinois injured in a vehicle collision in which a semitrailer truck is involved. Such crashes often result in serious injury or death. If damages can clearly be attributed to negligence or carelessness on the part of the trucker or another driver, seeking compensation might be appropriate.

Putting a suitable and realistic number on how much to claim, however, takes more than estimating the cost of Band-Aids. Besides taking into account all the medical costs that were incurred in the immediate aftermath of a crash, thought has to be given to whether any future medical expenses might be possible. If the victim loses wages from missing work or can't return to work at all, that income needs to be measured. A cost for pain and suffering may also be assessed.

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 Posted on July 14, 2016 in Firm News

While it's not pleasant to think about, nursing home abuse and neglect are unfortunately not uncommon these days. Sometimes this is due to staff being untrained or unsupervised.

But abuse and neglect do not mean the same thing.

Abuse implies that there was malicious or harmful intent, in other words a staff member does something that results in harm.

Neglect on the other hand is generally caused by a staff member neglecting to do something; causing harm by not doing something.

For example, if in a nursing home environment, your loved one is ignored and left alone for extended periods of time repeatedly then that might constitute neglect. Or if your loved one is not receiving adequate help with their personal hygiene such as bathing, brushing their teeth or other oral care this may constitute neglect.

Nursing homes are required to provide preventative measures along with adequate attention to a patient's medical, cognitive, disease control and medication needs. Lastly it seems obvious but care facilities need to be safe and clean and provide a reasonable amount of food and water.

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 Posted on July 07, 2016 in Car Accidents

Honda and Acura model cars have a great reputation for durability and user satisfaction. Year after year, they have come out at or near the top in consumer surveys.

Many of these vehicles come with Takata air bags as standard equipment and, as we have noted in previous posts, this may be reason for many across central Illinois to be a little bit concerned. Some of the bags decay with age and have become deadly in what might normally be minor motor vehicle collisions. Now, there's apparently even more reason to take note.

As most readers likely know, the discovery of the faulty Takata air bags has prompted the largest recall of defective automotive products in U.S. history. The action affects millions of cars made by more nearly two dozen companies.

Well, late last month, the National Highway Traffic Safety Administration took things one step further and issued an urgent warning specifically to owners of more than 300,000 Honda and Acura vehicles. They've been told that they should not even drive their cars until the Takata air bags they carry have been replaced.

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 Posted on July 06, 2016 in Articles

People who suffer from traumatic brain injuries may have problems returning to work.

Unsafe workplace conditions can lead to devastating accidents, which can cause serious injuries, long-term disabilities, major medical expenses, emotional trauma and even death. A common workplace injury in Illinois and throughout the country occurs when a worker experiences a hard bump to the head. This can damage the soft brain tissue that lies within the skull cavity. In some cases, injured workers who suffer from traumatic brain injuries are unable to return to work, and as a result, their ability to earn money, pay bills and maintain a good quality of life is affected.

The facts

According to the Centers for Disease Control and Prevention, approximately 2.5 million people receive traumatic brain injuries each year, and are hospitalized, visit the emergency room or die because of the damage. Brain trauma is responsible for nearly 30 percent of injury deaths in the U.S. In one year alone, brain injuries were involved in 50,000 fatalities across the nation. The actual numbers are thought to be much greater, as a number of people who have traumatic brain damage are unaware that they have an injury.

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 Posted on June 30, 2016 in Firm News

There is a test question in personal injury law that few outside of the profession may be familiar with, but it has proven to be a critical linchpin in determining many legal outcomes. It's called the "but-for" test. Simply put, you pose the question, if situation X had not happened, would situation Y have resulted? If the answer is no, then it can be said that situation X was the actual cause of situation Y.

It's an important distinction and one that recently proved to be a determining factor in a workers' compensation case heard by the Appellate Court of Illinois, Fourth District, which generally covers the central part of the state. Because of the ruling, an injured truck driver is getting a second chance at obtaining injury and disability benefits he claims he is due.

The case dates back to June 2011 when the plaintiff truck driver, who usually drove an automatic transmission truck, developed a blister on his left foot. Both sides stipulated that the injury happened because the man had to drive a manual shift truck for about 10 days while his normal vehicle was being repaired. Constant stepping on the clutch and climbing in and out of the cab caused the blister.

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 Posted on June 23, 2016 in Firm News

Tort reform is something that many in central Illinois may have probably heard of. The subject is not about finding new ways to bake a strawberry delicacy. It has to do with the legal remedies that may be available to individuals to receive essential compensation after suffering catastrophic injury.

Supporters of tort reform tend to be looking for ways to scale back the ability of victims to hold those who are responsible accountable for the damage and disability caused. Sometimes the reform effort might seek to block victims from seeking justice through the civil court system. In other instances, changes sought might involve putting limits on how much compensation can be sought.

What are torts?

Many readers may be unfamiliar with exactly what is meant by "Tort" so this post will attempt to provide some education in this regard.

In general terms, torts represent personal injuries resulting from unintended actions. Very rarely does a car crash happen on purpose. That's why they are often called accidents. However, that doesn't mean no fault can be assigned.

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