Chicago Accident and Injury Lawyer Blog

The Chicago Sun Times has highlighted a serious flaw with Chicago's taxi cab industry: the low policy limits on their insurance coverage. The City of Chicago requires that cabs be insured for at least $350,000. This is insufficient for a serious, life-altering injury. Chicago personal injury attorney, Jeff Kroll, was quoted in the article:

"The cab companies have created their own cap on damages," said personal injury attorney Jeffrey Kroll. He helped win a $5.2 million judgment for Mary Ann Conover, who suffered brain injuries when her car was hit by a Yellow Cab in 1995. "Today, a woman who needs a lifetime of care may be limited to $350,000," Kroll said.

An individual who has suffered a serious injury as a result of the negligence of a cab driver should be protected under the law to ensure that he or she will be taken care of and that his or her needs will be met.

Continue reading " KROLL QUOTED IN THE CHICAGO SUN TIMES: TAXI CAB INSURANCE LIMITS ARE INSUFFICENT " »

For the first time ever, the American Academy of Pediatrics (AAP) finds that small children ages one to four may benefit from taking formal swim lessons. In the past, the AAP has discouraged parents from enrolling children under four in lessons for fear that parents would fail to properly supervise a child who had formally learned some swimming skills. The AAP suggests that parents decide whether or not their young child is ready for formal lessons.

Even children with advanced swimming skills can have accidents in pools, lakes or other bodies of water. It is essential for parents to closely supervise children any time they are around water. The AAP recommends that adults learn CPR and that pool owners always install a four-sided fence around their pool. See my blog from earlier this week for information about the new federal pool safety requirements.

AAP's website offers the following additional water-safety advice for parents:

- Never leave small children alone in bathtubs, pools or any other open body of water. Even looking away for a moment could prove devastating.

- Do not put your child in inflatable arm bands, or any other air-filled floating device. Use life jackets instead. Air-filled devices can deflate.

- Always put children in life jackets when riding in a boat.

- Know the water's depth and check for any underwater hazards before allowing children to jump into the water.

- When swimming in open bodies of water, select sites monitored by lifeguards.

- Parents must inform teens about the increased risk of drowning when drinking alcohol.

Typically, a focus group is comprised of twelve individuals who are brought together for two to four hours to watch a short presentation of a legal case and discuss the various issues raised. It is a way of gathering information about the attitudes, beliefs and values of a community. Some trial lawyers still doubt the value of focus groups. They say they are too expensive, or too unpredictable. For those skeptics, focus groups are invaluable.
Participating in athletics taught me life long lessons. For example, after being on the wrong end of a game, it was not unusual for a coach to address us and let us know that losing is an educational experience. As a child, that may have been true. As a lawyer, you do not need to suffer a loss to educate you on “what went wrong.” Talking with jurors after a verdict is reached can be a painful experience. You learn that certain issues or pieces of evidence were important to the jurors, assumed by them, or more importantly, misunderstood by them. Typically, our reaction is something along the lines of “I wish I would have known.”
Practice and preparation can make perfect. Focus groups enable attorneys to see first hand how a jury perceives the issues of the case. In doing so, you learn by preparation . . . not by losing.

WHAT DO ATTORNEYS LEARN THROUGH THE USE OF FOCUS GROUPS?

I. FOCUS GROUPS ASSIST ATTORNEYS IN EVALUATING THE VALUE OF CASES

A focus group can help you settle a case. It is amazing to see how quickly a client’s position changes after a focus group awards a sum much different than anticipated. A focus group can quickly open a client’s eyes as to troublesome liability issues. You will also see how a focus group analyzes the non-economic and economic damages of the plaintiff.
Conversely, there are times when lawyers are intensely concerned about the difficulty of some legal issue or factual dispute involved in a case. As it turns out, the focus group that hears the case may think these issues are not nearly as significant. Under those circumstances, a modest settlement offer, which may have been somewhat tempting before the focus group, may then be rejected with a greater comfort level.

II. FOCUS GROUPS SERVE AS A MEANS OF PRACTICE AND PREPARATION

World class athletes practice for countless hours before every contest. I find it ironic that we as lawyers will take a case to verdict, a case often involving enormous sums of money, and not use similar levels of practice.
A focus group allows the attorney the opportunity to practice and prepare for their upcoming trial. It is a great time to experiment with a new argument or see how a case them works. The attorney has the opportunity to look “jurors” in the eye and determine how the presentation of potential evidence and/or testimony will be received. Without a focus group, it may be too late.

III. FOCUS GROUPS ENABLE THE ATTORNEY TO DETERMINE IF A JURY’S ATTITUDES AND EXPERIENCES WILL CO-EXIST WITH THE FACTS OF A CASE

Focus groups furnish a valuable insight in cases that involve complex, controversial or disputed issues. One key to a successful focus group is the ability to have some type of direction or control over which issue you would like addressed. A fresh outlook obtained through a focus group, especially cases involving issues that you have not been associated with, can open your eyes and enable you to see and recognize more clearly the strengths, weaknesses and viability of such claims.

IV. FOCUS GROUPS ASSIST ATTORNEYS IN DESELECTING POTENTIAL JURORS.

Jury selection or “de-selection” is unquestionably one of the most crucial aspects of any trial. Focus groups enable an attorney to listen to a number of issues that impact a juror’s thought process . . . even though there may not be any evidence to support their views.

V. FOCUS GROUPS ELICIT REACTIONS . . . BOTH NEGATIVE AND POSITIVE

In our daily lives, it is not difficult to get reactions. How many times a day do you hear the question, “what did you think of the game last night?” Inevitably, there is a reaction. You need to know a juror’s reactions prior to the trial . . . not after a trial. It is disheartening to talk with jurors after a case and learn that they did not believe your client because a specific issue was not developed. If you would have known this fact prior to the trial, you may have won. In other words, you did not know what “buttons needed to be pushed” for these potential jurors.
Listen to the members of the focus group. People in focus groups ask questions that must be answered at a trial. To have the foresight to know the questions that jurors will have and to answer them throughout your case gives you power. It gives you control. It increases the probability of advocating your client’s rights. Going back to our formative years, I think we would all agree it would be much easier taking tests if we knew the questions ahead of time. Knowing what questions a juror will be asking makes it easier to take this “test.” Focus groups enable you to answer their questions prior to trial.

CONCLUSION

Focus groups are an invaluable tool. Focus groups permit attorneys to discover important and profitable information. They allow attorneys to create, test and/or evaluate themes prior to trial. More importantly, focus groups enable attorneys to thoroughly understand community attitudes or the way potential jurors will view certain issues in a case. Examining the results from the discussions and conclusions of each focus group will offer a wealth of information.
One word of caution to attorneys is that focus groups are not the Utopia in the trial of a case. One reason we have all been successful in the courtroom is because of our instincts in understanding the reactions of individuals. Rely on your instincts in the trial of your case. Do not set aside your own experience as a lawyer in making decisions about a trial.

Jeffrey J. Kroll has obtained numerous favorable jury verdicts and settlements for his clients in matters of personal injury, wrongful death and medical malpractice cases. He often uses focus groups to help give his clients the advantage and ensure a favorable outcome at trial or mediation. Contact the Law Offices of Jeffrey J. Kroll today if you or a loved one have been injured. Attorney referrals are welcome.

Public pools across America are opening for the summer season. There are new safety regulations for pools required by federal law. The Virginia Graeme Baker Pool and Spa Safety Act mandates specific pool safety requirements, such as, drain covers and a second anti-entrapment system that meets the new regulations. The anti-entrapment system must be installed in pools with a single main drain. The regulations affect all commercial pools, including, hotels, community centers and recreational facilities.

A new report out of the Journal of the American Medical Association has found that approximately half of the survivors of a traumatic brain injury, or a concussion, will experience clinical depression within one year after the injury. In fact, head trauma combined with depression causes significantly more pain, greater mobility problems and more difficulty in carrying out responsibilities than head trauma without depression.

Over one million American adults and children suffer from traumatic brain injuries each year. The symptoms of traumatic brain injuries include personality changes, memory and concentration problems, headaches and mood disturbances.

Continue reading " LINK BETWEEN TRAUMATIC BRAIN INJURY AND DEPRESSION DOCUMENTED " »

A 9-year-old boy from Chicago, Illinois and a 10-year-old boy from Milwaukee, Wisconsin both suffocated after a soft-plastic dart slipped into their throat. The small suction cup part of the dart cut off their breathing and the boys died. The “auto-fire” dart set was sold exclusively at Family Dollar stores nationwide. Family Dollar has agreed to voluntary recall approximately 1.8 million of the toys. Unfortunately, there are reports that Henry Gordy International, of Plainfield, New Jersey, the importer, refused to recall the dart set.

The Consumer Products Safety Commission (CPSC) has advised people to discard the dart set. Family Dollar will offer a refund for the dart set.

To fully become aware of which toys or products have been recalled, please visit the Consumer Product Safety Commission website.

As a bicycle accident attorney in Chicago, I found a recent report on the attitudes and behavior of bicyclists from the National Highway Transportation Safety Administration (NHTSA) very interesting. The data comes from 9,616 U.S. residents age 16 and older during the summer of 2002. The August of 2008 report contained the following interesting findings about who is riding and the reason that they ride:

- Slightly less than half (46%) of those 16 and older have regular access to a bicycle.
- 43% ride a bicycle at least once during the summer months.
- Bicycling declines with age.
- The majority of bicycle trips are for recreation or exercise; only 14% of rides were to run errands and 5% were for commuting to work or school.

With regard to the where they ride and safety issues, the findings include:

- 48% of trips were made on paved roads.
- 32% of bicyclists said bike paths were available, but they do not use them because they are not convenient, available or go where they need to go.
- 4% of bicyclists were injured while riding in the past two years;
- 50% of bicyclists wear a helmet for some trips and 35% of bicyclists wear a helmet for all trips.
- 47% of bicyclists would like to see changes in how their local community is designed for making bicycle riding safer, including more bike lanes (38%) and bike paths (30%).

To create a bike route for your next bike ride, check out Google Maps, which now has a bicycle feature.

While the title may be encouraging, it may also be misleading. It is true that motorcycle deaths have fallen by roughly 10% nationally and closer to 18% in the Six County Chicagoland area from 2008 to 2009. The Illinois State Police did have a campaign to reduce motorcycle accidents and fatalities in 2009.

Perhaps the safety tips are working, but the fact of the matter is the staggering economy has something to do with the decrease in deaths. Motorcycles, for many, are a discretionary item. Discretionary items are some of the first things that are eliminated when one’s pocketbook is hit.

On a different but related note, there are better motorcycle helmets. There are newer safety campaigns aimed at auto drivers being more aware and more conscious of motorcyclists.
Finally, one cannot count out our “weather” for the drop in motorcycle deaths. Since the 2009 riding season, it has been colder and wetter than normal. This may yet be another factor in reducing the number of motorcyclists on the road.

The Law Offices of Jeffrey J. Kroll handles transportation negligence personal injury and wrongful death matters.

The Illinois General Assembly recently approved legislation requiring drivers to come to a complete stop anytime pedestrians enter any crosswalks, regardless of whether the cross walk is marked by traffic control signals or not. The bill will amend Illinois statues 625 ILCS 5/11-1002 and 625 ILCS 5/11-1002.5, which currently state drivers must yield the right of way, slow down or stop for pedestrians "if need be." The new bill is awaiting Gov. Pat Quinn signature.

In Illinois, 6,000 pedestrians are hit by cars each year, resulting in 170 fatalities.

This legislation is long overdue. Injuries suffered when a vehicle strikes a pedestrian or bicyclist can be devastating, ranging from soft tissue injuries to broken bones, paralysis or death. Pedestrians and bicyclists will hopefully benefit from the increased protection afforded by this bill.

The Consumer Product Safety Commission (CPSC) recently recalled a line of wooden baby cribs for safety reasons. The recalled cribs are Graco brand and are manufactured by LaJobi, Inc. The recalled cribs have a drop side, which can move or detach to allow access to the child. The reported hazard is that the hardware for the drop side can break or fail, creating a hazardous gap between the side of the crib and the mattress in which infants and toddlers can become wedged or entrapped. Potential injuries that may result are suffocation, strangulation or the child falling from the crib. There have been 99 reported incidents involving children being injured by these defective cribs. Injury or death caused by a defective product may lead to a product liability lawsuit. If your child has been injured by a defective crib, Jeffrey J. Kroll may be able to help. Call the Law Offices of Jeffrey J. Kroll at (312) 676-7222.

See a list of cribs included in the recall located on the website for the CPSC by clicking on this link.

The personal injury attorneys at the Chicago-based law firm, the Law Offices of Jeffrey J. Kroll have successfully represented victims of post-traumatic stress disorder. A recent article on the Science Daily website explains the findings of a study released by Columbia University's Mailman School of Public Health that suggests that traumatic experiences "biologically embed" themselves in select genes. This alters the function of the genes and leads to the development of post-traumatic stress disorder (PTSD).

PTSD is a serious condition involving psychological consequences that a person experiences after exposure to a traumatic event.

McNeil Consumer Healthcare, the maker of children’s Tylenol, Motrin, Zyrtec and Benadryl products, has voluntarily recalled certain lots of these over-the-counter liquid medications because some of them may contain more of the active drug ingredient than specified, foreign particles or inactive ingredients that may not meet testing requirements.

Please check your medicine cabinets to see if you have any of these products in your home. If you do, stop using them immediately. Contact your children's pediatrician if you have questions about alternative treatment options.

McNeil's website provides a list of the tainted medications as well as additional product information. Any adverse reactions may also be reported to the FDA’s MedWatch Program by fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch website.