Chicago Accident and Injury Lawyer Blog

A person was struck by a Metra train this morning during the height of the rush hour, the SunTimes reports. The accident occurred in the Roseland neighborhood on Chicago's south side. The accident occurred at about 7:14 a.m. at 11100 South Cottage Grove Avenue according to a spokesman for the Chicago Fire Department. The train involved in the accident was an inbound Metra electric train, No. 106, due to arrive downtown at 7:51 a.m. Details of how the accident occurred have not yet been made available by authorities.

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A verdict received by trial attorneys, Jeffrey J. Kroll and Heather A. Begley was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company. John Kirkton, the editor of the Cook County Jury Verdict Reporter explained that the verdict summaries in the magazine were "selected by the staff of the Cook County Jury Verdict Reporter for maximum reader interest."

The verdict selected for inclusion in the publication was the $135,000 award received in the matter of Martinez v. Chicago Transit Authority. This case was the first to go to trial of the 65 pending lawsuits stemming from the CTA Blue Line Subway Train derailment and fire.

Jeff Kroll's verdict for $1.3 Million in a slip-and-fall case was included in last year's 2009- 2010 Illinois Jury Verdicts" magazine.

Will we ever see the end of the sale of drop-side cribs? On Thursday, June 24, 2010, the Consumer Product Safety Commission (CPSC) recalled a sweeping two million cribs. Although most of the cribs subject to the recall have drop-sides, two recalled models do not. See the entire list of recalled cribs here

It seems that we are bombarded with daily reports of recalls of children's car seats, cribs, carriers, strollers and more due to the safety hazards that they pose to our children. Although many products are recalled, dangerous children's products seem to continually make their way into the market. According to the Chicago Tribune, who exposed the dangers of drop-side cribs in 2007, this recent recall will eliminate speculation that the problems with drop-side cribs injuring and killing small children "were isolated to a couple of companies that mass-produced cheap cribs in China." In fact, the newest recall includes cribs made in the U.S., Italy, Canada and seven other countries.

Including the June 24 recall, 9 million drop-side cribs have been recalled in recent years. Parents and caregivers should stop using these cribs immediately, and find an alternate safe sleeping environment for children.

Chicago personal injury attorney Heather Begley will be speaking to nurses about the importance of "Health Literacy" on June 23, 2010. Health literacy involves the ability of consumers to understand and obtain health care services. Anyone who has been treated in a doctor's office or hospital is familiar with the confusion that is associated with receiving medical treatment for you or a loved one. Clear communication between medical personnel and patients reduces errors, confusion and malpractice.

On Thursday, June 24th, 2010, Chicago trial attorney, Jeffrey J. Kroll with be speaking at the 19th Annual National Expert Witness Conference in Rosemont, Illinois. Jeff is the only Chicago lawyer speaking at the program and will be discussing “Demonstrative Evidence and Expert Witnesses.” Mr. Kroll will explain how attorneys use demonstrative evidence with expert witnesses to persuade a judge and jury. Mr. Kroll has received successful verdict and settlements on behalf of injured plaintiffs around the country.

I often hear on the news or read in that a person filed a lawsuit seeking $50,000.00. In reality, many times, the plaintiff is seeking in excess of that amount. This bit of information cited by the media originates with the "ad damnum" clause, which is a part of the complaint at law filed on behalf of plaintiffs. The clause typically states, "WHEREFORE, Plaintiff, JANE DOE, demands judgment against Defendant, COMPANY X, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00).

The ad damnum clause does not specify the amount of damages sought as much as it specifies to which division of the court the case should be assigned. In Cook County, where the majority of my personal injury and wrongful death cases are handled, there is a municipal division and a law division. Stating in the complaint at law that Plaintiff seeks damages in excess of $50,000.00 places the cause of action in the Law Division for actions pending in the City of Chicago.

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Many cases are won or lost by the testimony of a witness. It is less than ideal when the witness is trying to remember dates or events and comes up blank. As a trial lawyer, we know the significance of “lack of memory.” It is used as both a shield and a sword in the courtroom.

Over the last 40 years, psychologists and individuals working to improve memory have found three methods which consistently improved word memory. They are as follows:

1. Imagery. Word memory is assisted by creating an image of what you would like the witness to remember.

2. Elaboration. This is where you have an individual cogitate of associations to help anchor words in their mind.

3. Generation. Memories improve when your witnesses are required to work their minds to generate the target or phrase.

Research has demonstrated that employing these three methods have produced memory improvements of ten percent over simply reading words once.

In a new series of studies published in the Journal of Experimental Psychology: Learning, Memory and Cognition, there is now evidence for a fourth method to enhance word memory. How? Simply by saying the word you want to remember out loud or even “mouthing the word” will improve memory by increasing its distinctiveness. How does this come into play for a trial? If you are working with a witness and want the witness to retain important parts, the key is to identify the right words and have them vocalize the words or “sub-vocalize” them. The more they discuss the words “out loud,” the more successful their memory will be with the key points.

Through choice and sometimes necessity, I have taken dozens of cases to trial. All have involved people injured or killed due to the negligence of others. Sometimes from an auto or trucking accident occasionally from railroad accidents or construction or workplace negligence. Regardless, of how the person was injured, one of the most important aspects as a trial approaches is preparing your client to testify. In advance of testifying at trial, here is a brief “to do” list for victims of negligence:

∙ Make sure you have had the opportunity to review your interrogatories, prior deposition transcripts, photos, videotapes, etc. In other words, review everything.

∙ If there is something the attorney should know about your background or your injuries, tell them. Attorneys are not mind readers and can usually minimize any problem...if they know about it.

∙ Familiarize yourself with any exhibits or demonstrative evidence that would or could be used during the trial. Make sure you see everything your attorney, as well as opposing counsel, intends to use with you.

∙ Identify any and all weaknesses so they can be successfully fronted.

∙ Identify any concerns you may have with your direct testimony or the opposing attorney’s cross examination.

∙ Ensure you know what the case theme or theory is and how your testimony fits in with that theme or theory.

∙ Consider videotaping yourself in advance of trial? Watch it and look for any nervous habits you may have. Attempt to void yourself from any of your distracting habits. So id does not offend jurors.

∙ Avoid “boredom” while testifying. It sounds simple but it is not. Use voice inflection or other tools to change the pace or tone of your testimony. If need be, stand in front of the jury or change the mode of the presentation to “wake up the jury.”

∙ Dress appropriately. Find out from the lawyer what is the appropriate attire for that particular jurisdiction.

∙ Be polite and respectful to everyone. Everyone includes court personnel, opposing attorneys and anyone else you come in contact with in the elevators, lobby of the building or the courtroom.

∙ Be organized. Know where the attorney will be going with your examination. Tell the jury a story. In other words, have a plan.

∙ Try and work with the attorney in developing analogies as a means of clearly describing your injuries or how the incident occurred.

∙ Make eye contact with the jurors. It is important that they trust you. By looking away or by failing to make eye contact with jurors, a level of distrust can be created.

∙ Before trial, it is imperative that you meet (at length) with the attorney that will be asking you the questions. Ensure that the attorney meeting with you will be the one asking the questions.

Preparation is the key to success in the courtroom. As the saying goes, “if you fail to prepare, you are preparing to fail.”

A study entitled Sleep Disturbance and Melatonin Levels Following Traumatic Brain Injury published in the American Academy of Neurology's journal Neurology found that sleep disturbances commonly follow traumatic brain injuries.

Australian researchers performed sleep experiments on 23 people affected by traumatic brain injuries as well as 23 age- and gender-matched healthy volunteers.

Among other things, the study found that traumatic brain injury patients spent an average of 62 minutes per night awake compared to 27 minutes for those in the healthy group. In fact, the researchers suggest that damage associated with a brain injury may disrupt the neural structures that regulate sleep.

Elevated depression was also associated with the reduced ability to sleep soundly.

Such research is important for understanding the long term affects of traumatic brain injuries. Proper diagnosis and treatment are critical to recover from such injuries. The Law Offices of Jeffrey J. Kroll is personal injury law firm experienced in handling traumatic brain injury cases. Please contact us today at (312) 676-7222.

Summer is almost officially here and the weather is warming up, which means that children of all ages will be asking their parents to take them to a pool or water park. Parents and children alike should be aware of the potential dangers posed by pools to ensure that children stay safe and everyone has a good time.

About 4,200 children suffer non-fatal submersions every year that require hospitalization. Some of these submersions result in permanent disability. Many of these submersions are caused by pool drains, which provide powerful suction to filter the water in the pool and are capable of causing injury or death to a child. Some children have suffered rectal prolapse or even small bowel evisceration after being sucked onto a pool drain. These injuries can result in short bowel syndrome and the need for long term parenteral nutrition. Other children, unfortunately, have died as a result of being held underwater by a pool drain. See the video of the ABC News investigative report on pool drains here.

As a parent of young children, I am aware that there is no fail-safe way to protect your child from danger. However, just adding an extra safety step in and around the water can make all the difference. Your greatest water safety assurance comes from adopting and practicing as many water safety measures as possible. Some examples of these safety measures include: (1) barriers that completely surround the pool with self-closing, self-latching gates; (2) staying close, being alert, and watching children at the pool; (3) learning and practicing water safety skills (knowing how to swim and perform CPR); and (4) having the appropriate equipment (compliant drain covers, alarms, barriers and sensors). Take it from me, you and your children can practice these safety tips and others, and still have a lot of fun this summer in the pool and at the water park.

Continue reading " POOL INJURY AWARENESS IS IMPORTANT TO HAVING A SAFE AND HEALTHY SUMMER " »

The U.S. Consumer Product Safety Commission (CPSC) announced that McDonald's Corporation has recalled "Shrek Forever After 3D" Collectible Drinking Glasses, due to the presence of cadmium in the design detail on the glasses. Long term exposure to cadmium, a toxic metal substance, could cause serious damage to the body, including lung damage and kidney disease. CPSC warns consumers to stop using these recalled drinking glasses immediately unless otherwise instructed. If you are concerned about exposure to cadmium, call you physician. The Illinois Department of Public Health's website also provides helpful information about cadmium.

The 16 ounce collectable drinking glass came in four designs -- Shrek, Fiona, Puss n’ Boots, and Donkey. McDonald's was the exclusive seller of the cups in May and June 2010, and has recalled all 12 million cups manufactured for the market.

The popular Swedish home and furniture store, IKEA, announced today that it is recalling its Sultan Heidal spring mattresses. The mattresses fail to meet the federal mandatory open flame standard for mattresses, posing a fire hazard to consumers. The mattresses were sold exclusively at IKEA stores between June, 2007 and April, 2010. They were available in twin, full, queen and king, and retailed for $500 to $1,000 depending on size. If you own one of these mattresses, you should immediately stop using it and contact your local IKEA store for instructions on returning it and obtaining a replacement or full refund. More information can be found on the website of the Consumer Product Safety Commission.

Consumers who are aware of or become aware of defective products should report them to the Consumer Product Safety Commission. If you or a loved one have been injured as a result of a defective product, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll by phone or internet to protect your legal rights today.