Recent Blog Posts
As rural landscapes urbanize livestock accident risks rise
People who live in big cities have little concept of the kinds of animal life that may be encountered outside their urban environs. This may be true even for a lot of folks in central Illinois centers like Springfield, Champaign and Decatur.
Go even just a few miles beyond the limits of such cities and you might be surprised what you come across. Anyone who has driven the interstate system surely has seen the carcasses of deer, raccoons and skunks. Fewer may anticipate the possibility of having a run-in with horse, cow, sheep or pig. But they have been known to occur and the result can be a possibly deadly farm accident.
In such situations, if the animals have escaped their confines because of a livestock owner's negligence, those owners should not be surprised if victims seek to hold them accountable for the damage and injury caused.
This may be something that a 52-year-old woman from the northern part of the state is exploring now. According to police, she was driving along a U.S. highway late last month when she collided with one of a pair of horses that had escaped from a farm in the area.
How can I gauge quality of staff at an Illinois nursing home?
As much as we would like to think that neglect and abuse doesn't occur in any of the long-term care facilities in Illinois, it does. In an ideal world, we wouldn't have to wait until after the violence has happened to hold those responsible to account. Unfortunately, that's too often the way things play out, guided by experienced legal counsel.
Finding the best care facility for your loved one shouldn't be difficult, but it can be. There are sources of information anyone can turn to in order to get a handle on such issues. However, the volume of information available and the number of channels through which it can be obtained can actually make the task very hard for first-time users.
Very often, as one consumer advocacy group notes, the nature of information available is pretty high level. It might consist of a general quality rating issued by an accrediting agency. Alternatively, there may be a government-funded ombudsman you can contact. This person's specific role is to educate consumers about proper care standards, issues and residents' rights; and investigate and advocate for residents.
What rights do I have if my car is recalled?
Whenever you climb into your personal vehicle, or any other vehicle for that matter, you have a right to expect that it's equipped with all the safety bells and whistles mandated by law. Seat belts are a must on most vehicles these days, even those that predate the 1960s. In the 1990s, air bags became standard equipment in all cars and light trucks.
Clearly a lot has changed over the past few decades. But with each new mandate has come new technology and with each new device things have become more complicated. Each device may have multiple components. Each may have its own manufacturer. And in the event a product goes bad and causes a car accident, it can be exceptionally complicated for victims in Illinois to sort out who should be held accountable for damages.
Right now there are tens of millions of vehicles subject to recalls due to faulty air bags. Most readers are likely familiar with the fact that 28 million cars and trucks made by 14 carmakers have been recalled due to fears that inflators could trigger with force enough to send deadly metal shards into the passenger compartments.
Do car accident settlements adequately compensate head trauma?
If you survived a crash with no broken bones, you might have good reason to consider yourself lucky. However, other injuries may be less visible, but potentially just as intrusive. Specifically, about one in five cases of traumatic brain injuries are caused by a motor vehicle accident. Another 28 percent of TBI injuries are caused by a slip and fall incident.
Although a diagnosis of mild TBI may not seem to implicate long-term consequences, a recent study found otherwise. Specifically, up to 70 percent of TBI patients may suffer from sleep disturbances. Other symptoms may include cognitive or motor impairments, as well as emotional problems. Taken together, these impairments may be quite disruptive, interfering with an individual's ability to work and diminishing his or her quality of life.
Unfortunately, many crash victims might lack the foresight to adequately request damages from a negligent motorist. The offending driver's insurance company may attempt to quickly resolve an incident of unsafe driving by making a settlement offer. Although a quick resolution may seem attractive, especially as medical bills, lost wages and other costs begin to mount, a personal injury law firm that focuses on motor vehicle accidents may recommend a longer-term perspective.
TVs, video camera turns regular truck into 'safety' truck
About a month ago, we wrote a post about trucks and the trucking industry, and how the National Transportation Safety Board wants fewer accidents involving tired truck drivers. That's just one of many areas involved in the trucking industry where improvements could cut down on potential accidents. Another factor that the trucking industry could try to address is the size of the trucks -- but that would hinder they're ability to transport cargo across the country.
Trucks are very big, which means they are hard to see around. So Samsung has taken some creative steps to try to help other drivers out on the road when they are behind a truck. The "safety truck" they have conceived isn't anything too extreme. It's just a regular truck -- but with a panel of TV mounted to the pack streaming footage from a front-mounted video camera.
In other words, the bank of TVs allow you to see through the truck. A simple, effective change that could save lives and reduce truck accidents. How about that?
Consumers Caught in the Middle of Insurers, Hospital Payment Disputes
From Chicagotribune.Com, a Flipboard magazine by Chicago Tribune
Some Chicago area consumers were surprised to learn this month that insurance companies can at any time limit their access to…
What responsibilities might I have as an accident victim?
If you have suffered injury in an accident due to someone else's negligence, you have a right to seek due compensation for the pain, suffering and financial losses you suffer. The key word in that first sentence may well be "due." In the legal context it usually means what is suitable, appropriate or correct for the circumstances of a given case.
As you might imagine, the implication of that definition is that a person in central Illinois who decides to seek due compensation would be ill advised to expect an outcome that simply opens a spigot to endless payments from the defendant.
Very often, the plaintiff in a personal injury case will have to show that he or she has done everything reasonable to try to minimize the possible losses after the accident. Such steps might include exercising reasonable judgment in selecting what doctor to see or what treatment to undergo; with "reasonable" being subject to the interpretation of a judge or jury.
Should workers' compensation pay for Yoga?
A good segment of the population -- especially that which includes those born prior to 1960 -- probably doesn't have much of a clue about the practice of yoga. Yoga is not the cartoon bear. No, it is a set of practices that can trace its lineage back many millennia. It involves exercising focused control over mind, body and breath.
Today, those who diligently practice yoga swear to the benefits it delivers. But, much like chiropractic medicine and forms of alternative treatment with ancient eastern roots, yoga is not something medical practitioners in the U.S. buy into. Is it possible though that things are changing?
We think it is safe to say that the traditional view of medical practice in central Illinois and the rest of the U.S. is framed by a concept of condition management. You have a pain. You go to the doctor. You likely will be prescribed some medication to ease the pain. You might be prescribed some physical therapy. If you have insurance, whether it is workers' compensation or personal health insurance, at least some portion of the treatment might be covered.
Kanoski Bresney Wins Prestigious 2015 Litigator Award™
Kanoski Bresney named 2015 Litigator Award Winner™. Having been conferred this prestigious National Award, the firm ranks among the Top 1% of all lawyers for: Automobile Accidents, Products Liability, Failure To Diagnose and Truck Accidents Litigation.
BELLEVUE, WASHINGTON: JAN. 14, 2016 Kanoski Bresney, a trial law firm located in Bloomington, Illinois, was today awarded the prestigious 2015 Litigator Award™ for extraordinary achievement within the field(s) of: Automobile Accidents, Products Liability, Failure To Diagnose and Truck Accidents Litigation.
Justly standing as the nation’s most coveted symbol of "Litigation Achievement", this unrivaled annual honor recognizes trial lawyers [firms] who have attained extraordinary litigation achievement within one or more of 72 pre-defined "Practice Specialty" categories. Based strictly on "Verdict and/or Settlement" dollar achievement rather than peer popularity, the Litigator Awards™ are perhaps the most rigorous and openly judged trial law rating. Simply being nominated is to be set among the elite of the profession. Those awarded are generally considered among the finest trial lawyers in the nation.
NTSB safety wish list reflects truckers are not machines
We live in a 24/7 world. At least some of us do. Truck drivers could be considered among those who don't always follow the typical 9-to-5 routine that most of the rest of us do in Illinois. And as we noted in a post last November, the demands of the 24-hour long-haul industry have a way of leading some drivers to push the envelope on hours of service a little too far.
Clearly, this is not a new issue, and it's back in the spotlight again courtesy of the National Transportation Safety Board. The board recently issued its annual "Most Wanted List" of safety issues it would like to see addressed in 2016. Coming in at top of the changes the NTSB says it would like to see is reducing the number of crashes involving tired truckers.
Driver fatigue is not something that is unique to truckers by any means. But as we have noted, truckers sometimes face time pressures that push their window of operation well beyond a normal eight-hour day. And when an accident involving a big-rig truck occurs, the outcomes for the victims of other vehicles are very often catastrophic.