Chicago Accident and Injury Lawyer Blog

Our Chicago personal injury attorneys recently read a Chicago Tribune investigative piece reporting that Chicago area courts drop most cases against frequently ticketed taxi drivers. Sadly, one tragic account found that in a three and a half year period, police stopped one cab driver 22 times, issued him 34 tickets, all before he crashed his taxi into a pedestrian. The worst part, "almost all of the tickets were wiped from his driving record…." This is scary news, especially since we have seen two recent pedestrian deaths involving taxi drivers in Chicago.

Research has shown that taxicabs are involved in 28 percent of pedestrian crashes downtown, that's more than one of every four pedestrian crashes. See City of Chicago, 2011 Pedestrian Crash Analysis. If taxicab drivers continue to receive special treatment, motorists and pedestrians will remain at a higher risk. Taxicab drivers should be held accountable for unlawful and careless driving if Chicago streets are going to be safe for residents and visitors.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll have experience suing negligent taxicab drivers and their companies, and have secured millions of dollars in verdicts and settlements for our clients. In fact, Jeff Kroll obtained a $5.25 million dollar settlement for a Lake County woman, who was injured by a Yellow Cab taxi driver when the driver drove his cab across three lanes of traffic in an attempt to reach an exit. The woman suffered a brain injury and had difficulty with walking. At the time, the settlement was the largest with a cab company in the State of Illinois. He also obtained a $2.05 million settlement for a single mother who was killed by a taxicab in a Chicago intersection. Last year, Jeff Kroll was interviewed by the Chicago Sun-Times regarding the insufficiency of most taxicab insurance limits.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON CHICAGO TAXICABS " »

The internet seems to provide a deluge of information when it comes to children's safety issues. Some good, some bad. Some useful, some ridiculous. The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll find the Consumer Product Safety Commission's website, "On Safety," to provide comprehensive and very useful information, pictures and videos regarding children's safety issues and dangerous or recalled products. "On Safety" is the Consumer Product Safety Commission's official blog.

One of its recent blogs directs parents and caregivers on how to prevent injury and death in child play yards. Another lists the hazards associated with pourable gel fuels (which should be avoided at all costs since they have generally been recalled). It would be beneficial for parents to check the "On Safety" blog as frequently as you visit the Chicago Accident and Injury Lawyer blog.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY ON SAFETY " »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Cross-examining defense experts requires a plan," Jeff discussed tips that every plaintiff's lawyer should consider before taking the deposition of a defense medical expert.

Jeffrey J. Kroll has practiced personal injury law for over twenty years. He is known by his peers to be a leader in the areas of personal injury and wrongful death. As a guest columnist for the Chicago Daily Law Bulletin, he writes about balancing the demands of the practice of law with the demands of personal life.

With children back to school for nearly a month now, many families have adjusted to new schedules and have come to terms with cooler temperatures as fall-like conditions quickly hit the Chicago area. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll believe that now is as good of a time as any to review safety measures with children of all ages. The Chicago Accident and Injury Lawyer Blog recently discussed Heather A. Begley's tips on bus safety. We have also found the following tips from the Consumer Product Safety Commission (CPSC) that should be reviewed by parents, caregivers and students:

1. Children who ride bikes or scooters to school should wear a properly fitted helmet while riding. Helmets that have already been involved in an accident must be discarded.

2. With that said, children should not wear helmets while playing on playgrounds as they can become attached to playground equipment and cause strangling.

3. In the same vein, remove drawstrings from your child's hooded jacket, or "hoodie," to prevent strangulation injuries. Also remove drawstrings from the waist line. "CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents."

4. CPSC has recommended that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death. Illinois has recently enacted Zach's law, which requires all moveable soccer goals made or sold in Illinois to be tip-resistant.

Continue reading " IT'S NOT TOO LATE TO REVIEW BACK-TO-SCHOOL SAFETY TIPS " »

The national nonprofit consumer group Center for Justice & Democracy recently examined "the truth about punitive damages” stating that “the imposition or threat of punitive damages is so critical in the fight against reckless corporate behavior that any effort to restrict them undermines the safety of us all.” The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll agree that punitive damages, although extremely rare, are needed to hold corporate wrongdoers liable, to deter future reckless conduct, and to protect the American public.

Contrary to what many large corporations have attempted to publicize through the media, "punitive damages are extremely rare." The availability of punitive damages as a remedy is vital to the American justice system and for consumer safety. Here are some other facts about punitive damages according to Emily Gottlieb, Deputy Director for Law and Policy at the Center for Justice & Democracy, which can be found in her report What You Need to Know About… Punitive Damages:

- Attorneys rarely seek punitive damages and judges and juries rarely award them.

- Most punitive damage awards aren't as high as one might think.

- History shows that the imposition or threat of punitive damages has caused corporations to improve safety and remove dangerous products from the stream of commerce. For example, companies that manufacturer bottle caps, Drano, tampons, and various drugs and medical devices have implemented important safety changes as a result of evidence revealed in court that lead to the imposition of punitive damages against the company.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON "WHAT YOU NEED TO KNOW ABOUT… PUNITIVE DAMAGES" " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll enjoyed reading another great article by Jon Hilkevitch in his Chicago Tribune "Getting Around" column. This time he discusses the recent Northwestern University study, which seeks out ways to minimize pedestrian deaths on railroad tracks and at railroad crossings.

In the study, Northwestern University researchers looked at the 260 pedestrian deaths that occurred in the Chicagoland area from 2004 to 2010. During that time period, the study found that trains were responsible for the deaths of 251 pedestrians and nine bicyclists, with 120 deaths attributed to suicides. One of the most surprising details to come out of the study: most victims were adults, not children.

The study's findings identified suburban areas, particularly areas in Cook, DuPage and Lake Counties, deemed "hot spots" for incidents involving severe injury and death at a railroad crossings. The "suburbs with the highest annual risk for pedestrian fatalities on the rails include Barrington, La Grange, Villa Park, Lake Forest and Franklin Park."

In the Chicago area, fatal train v. pedestrian incidents occur nearly every 10 days -- with two occurring just last week, one in Vernon Hills, the other in Naperville. The study reported a great number of incidents occur during the commuting hours of 7 to 9 a.m. and 3 to 7 p.m. As a result, it is as important as ever to remain vigilant during these hours, especially in areas where pedestrians are required to cross railroad tracks to get to their vehicles after commuting.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON TRAIN V. PEDESTRIAN STUDY " »

Chicago personal injury lawyer Heather A. Begley regularly contributes to the Irish American News in her column Safe Home. Heather has been an associate at the Law Offices of Jeffrey J. Kroll since the personal injury firm's inception. She has been actively involved in the recovery of over $12 million in verdicts and settlements in personal injury matters at the firm.

In this her recent article, "Board the Bus Safely," Heather discusses the importance of safety and the school bus. Children, even middle-schoolers and teens, must be reminded of safety rules around buses. Sadly, children can be injured by their own school buses if the driver fails to see them. Parents and children should plan to arrive at the bus stop several minutes before pick up, keeping a safe distance from the curb (at least 6 feet). Read Heather's bus safety article for more safety tips.

Heather A. Begley is known to be an up-and-coming leader in Personal Injury and Wrongful Death law. She was recently named one of the "40 under 40 Illinois Attorneys to Watch" by the Law Bulletin Publishing Company. As a guest columnist for the Irish American News, she writes about tips for keeping your home safe, drawing from her professional and personal experiences.

Now that summer is coming to a close and many pools are closed for the season, you may think that the danger of drowning is behind you and your children. Sadly, this is not even remotely true. The U.S. Consumer Product Safety Commission (CPSC) recently stated: "The danger of drowning for young children is a real one, all year long." If fact, it "is the leading cause of unintentional death among children ages 1 to 4," with bathtubs being the second leading location, after pools, where young children drown. Most adults are aware that children can suffer severe injury leading to drowning and death in even a small amount of water; yet, too many leave children unsupervised around containers, fountains or other water features.

The CPSC recently released a new report on non-pool and non-spa related injuries and fatalities, which states that "from 2005 to 2009, there were 660 submersion incidents involving children younger than five years old." Of those submersions, 431 resulted in fatalities. 92 percent of the incidents occurred in the home.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll advise all parents and caregivers to review CPSC's drowning prevention safety tips. Some of the tips are as follows:

- Never leave young children alone near any body of water, including pools, tubs or basins with liquids or fluids in it.
- Remain within arm's reach when your child is in a bathtub. Never leave the room when they are taking a bath.
- Do not permit young children to care for a baby or another young child while in a bathtub.
- Never leave a child unattended near a bucket containing even a small amount of liquid. Toddlers can fall headfirst into buckets and drown since they have a higher center of gravity and tend to be top heavy.
- Consider locking toilets with seat covers.
- Learn CPR.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY ENCOURAGES INDOOR WATER SAFETY " »

The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll recently read the news that a type of Johnson & Johnson surgical mesh is the target of nearly 500 lawsuits across the country. The San Francisco Chronicle reported that close to "75,000 women a year have the devices inserted vaginally to treat pelvic organs that bulge, or prolapsed," also known as POP. Since 2008, the FDA has received over a thousand reports of complications due to the vaginal mesh implants, including injuries and death.

There are various levels of federal oversight for the many medical devices available on the market depending on the risks that the devices present. Devices are categorized into three classes with Class I devices (things like elastic bandages) subject to the lowest level of oversight, Class II devices subject to additional "special controls," and Class III devices subject to the highest form of federal oversight.

The surgical mesh at issue has been classified as a Class II device, which allows the devices to be cleared for market pursuant to the FDA's 510(k) approval process as long as they are "substantially equivalent" to existing products. Many oppose this approval process since it allows companies to avoid conducting safety studies that could otherwise protect consumers.

A panel of the U.S. Food and Drug Administration (FDA) Obstetrics & Gynecology Devices Advisory Committee has concluded that more clinical studies and more regulations are needed in this area. The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll hope that surgeons stop using this risky product and that the FDA recalls the product.

Continue reading " JOHNSON & JOHNSON SURGICAL MESH PROMPTS NEARLY 500 LAWSUITS " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the Chicago Sun-Times for featuring an article recognizing the dangers of concussions in youth sports and the new concussion rules that govern Illinois schools. With the start of school and fall sports like football and hockey jolting into high gear, parents and school officials must take precautions to protect children and teens from concussions.

The Sun-Times writes:

"According to the U.S. Department of Health and Human Services, children account for 90 percent of hospital emergency room visits for sports-related concussions.
***
Concussions — brain injuries from a bump, blow or jolt to the head — can occur in any recreational activity, even sports considered non-contact, according to the Centers for Disease Control and Prevention. And complications can occur in both the short-term and long-term, including headaches, dizziness, mood changes and death."

Illinois is one of the 21 states that have established concussion rules for student athletes. The law includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

The key to preventing concussions and keeping children safe is education. Parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON PREVENTING YOUTH CONCUSSIONS " »

Collisions between bicycles and vehicles are scary business. Often, the bicyclist will suffer severe injuries, which could include concussions, traumatic brain injury or death. As a result, bicyclists often have a difficult time remembering and retelling the details of the crash. Now, bicycle GPS systems are being used to fill in the holes, as an article in the New York Times, entitled "Bike Crash Wiped Details; GPS Data Filled Them In," recently discussed. The Chicago bicycle accident attorneys at the Law Offices of Jeffrey J. Kroll read the article and agree that a bike's GPS system can reveal crucial information in the event of a bicycling accident.

The article discusses an incident where a top American bicyclist was hit by a car while crossing an intersection. He avoided serious injury by somehow catapulting himself over the hood of the car, but his bicycle wasn't so lucky. When he tried to get the driver's insurer to cover the cost of repairs, local police enforcement officers suggested he send the data from his GPS system to the driver's insurance company. Within days, the insurance company accepted responsibility for the crash.

Data from a bicyclist's GPS system can reveal enlightening information in the event of crash, including the accident location, the bicycle's speed, and the bicyclist's heart and pedaling rate. With the use of the internet, and sites like Google Maps, the information can pinpoint the site of the crash.

Continue reading " GPS DATA USED IN BIKING CRASHES " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read an interesting article in the Chicago Tribune, reporting a study which found that people with a certain genetic make-up "displayed PTSD symptoms more frequently...." The researchers studied students from Northern Illinois University (NIU), in DeKalb, Illinois, who were studying at NIU on Valentine's Day in 2008, when a gunman tragically killed five people before turning the gun on himself.

Students with certain genetic frameworks (related to serotonin levels, which affects mood and mental function) exhibited PTSD-like symptoms, such as anxiety and nightmares, more frequently than others. Among the 204 individuals studied, "about 50 carried a variation in a gene commonly targeted by anti-depressants." Of those individuals with the variation, fifty-two percent reported experiencing PTSD-related symptoms after the day of the shooting.

Continue reading " GENETIC LINK TO PTSD FOUND " »

The Illinois brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an article in the University of Illinois' Food Science and Human Nutrition's Fall Newsletter, which discusses how traumatic brain injury (TBI) should be treated immediately with a high caloric and higher than normal protein rich diet to improve the odds of recovery. The University of Illinois' Professor John Erdman, who happens to be a Vietnam veteran, chaired a committee that provided recommendations on treating TBI to the Department of Defense. He said: “Within the first 24 hours after head trauma, patients need to receive at least 50 percent of their normal caloric intake, including a higher-than normal amount of protein, to reduce inflammation and swelling of the brain and give the brain enough energy to repair itself. This regimen should be followed for at least two weeks."

While approximately 10-20% of soldiers returning from warfare have sustained a TBI, brain injuries are common among civilians as well. Victims of motorcycle and car accidents, and football and hockey players often suffer severe concussions and even strokes. Those that suffer brain injuries in accidents can benefit from increased protein and energy immediately after a traumatic incident.

Having represented a number of individuals that have suffered traumatic brain injuries, the brain injury attorneys at the Law Offices of Jeffrey J. Kroll understand the damages that result from traumatic brain injuries, including the wide range of functional short- and long-term changes causing paralysis and affecting thinking, sensation, language, or emotions. Many of the causes of traumatic brain injuries stem from the negligent conduct of others.

Continue reading " MORE CALORIES, PROTEIN NEEDED WHEN TREATING TRAUMATIC BRAIN INJURIES " »

The Chicago brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read a new policy statement from the American Academy of Pediatrics (AAP) and the Canadian Pediatric Society (CPS), which admonishes pediatricians and parents to discourage children and teens from participating in the sport of boxing. The concern is the serious risk of face and brain injuries, including concussions since "[c]hildren’s brains are more vulnerable to concussion, and recovery takes longer than for adults." Even amateur adult boxers are at risk, since evidence does not show that their use of head gear reduces the risk of concussions. Boxing is particularly dangerous because, unlike other sports where head injuries are common, boxing encourages children to hit each other in the head.

With an average of over 8,700 injuries per year, the Chicago brain injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the APP and the CPS for taking a stance on boxing. We hope that more parents heed their advice, and discourage children from engaging in the sport of boxing. In turn, we may be fortunate enough to see less concussions.

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