Chicago Accident and Injury Lawyer Blog

Medical News Today recently published an interesting article regarding soccer and head injuries entitled Soccer headers can cause brain injury. The article explains that scientists at Albert Einstein College of Medicine at Yeshiva University and Montefiore Medical Center submitted soccer players (or football players to those of you outside of the U.S.) to MRI imaging scanners to determine if "heading" a soccer play can lead to brain injury. "Heading" is commonly known as hitting a soccer ball with the head. As Chicago sports injury and brain injury attorneys -- and parents of young athletes -- we found the study interesting.

The study examined "38 amateur soccer players with an average age of just over 30, who all played the sport regularly since childhood. They were asked to estimate the number of times they headed the ball during the last year." That information was compared to the results of the players MRI brain scans and cognitive functioning. After analyzing all of the information, researchers concluded that "those players that headed the ball frequently showed brain injury not dissimilar to a concussion, known medically as mild traumatic brain injury (TBI)."

Many in the U.S. might be surprised to learn that soccer is by far the most popular sport in the world. Nonetheless, the Medical News Today article reports that 18 million Americans play soccer. In the U.S., we are now becoming more aware of the potential for traumatic brain injury among players of our favorite pastimes, most notably American football.

The main concerns with soccer involve the young age of the players and the vast speeds of soccer balls in play. (Medical News Today states that soccer balls can travel at speeds "upwards of thirty miles per hour during amateur play and more than double that in professional games.") Players may "head" a ball nearly 1500 times a year, which, when broken down, may amount to "a few times a day for a regular player." According to one scientist, "repetitive heading may set off a cascade of responses that can lead to degeneration of brain cells."

As a sport, soccer safety is on Illinois's radar. Recently, Illinois Governor Quinn signed into law "Zach's Law" which "requires all moveable soccer goals made or sold in Illinois to be tip-resistant. A friend of the Law Offices of Jeffrey J. Kroll, Shawn Kasserman of Corboy & Demetrio, helped the Tran family's efforts to get Zach's Law passed in August of 2011. While more information is needed regarding soccer and traumatic brain injuries, it is a good idea for parents to warn young soccer players to avoid unnecessary heading during practices and games. The practice of heading should be discouraged when possible.

Continue reading " CHICAGO SPORTS INJURY ATTORNEYS: SOCCER AND BRAIN INJURIES " »

This morning, the Chicago area woke up to the sad news of a small plane crash in Riverwoods, Illinois, which killed an elderly couple and the plane's pilot and injured the two other crew members, including a paramedic. The Chicago Tribune reported that the plane, en route to Chicago from Florida, intended to return the elderly couple to the area to be closer to family while dealing with an illness. The plane encountered fuel problems just five miles away from Wheeling, Illinois's Chicago Executive Airport.

As Chicago aviation attorneys with experience handling cases involving small airplane crashes, we know that when airplane crashes occur, the plane's surviving passengers and the families of the deceased will have many questions about the facts and circumstances of the crash. Often, questions will include what could have been done to prevent the crash and whether or not the injured and/or the descendants of those killed in the crash could sue for monetary damages. Final answers may not be known until the NTSB concludes their investigation into the crash. The Riverwoods crash was the second deadly plane crash in the area recently. Last weekend, a small plane crash in Crystal Lake, Illinois, resulted in the death of all four of its passengers. The pilot father was taking his daughter back to Wheaton College after the Thanksgiving holiday. We extend our deepest sympathies to the families involved in both fatal plane crashes.

Aviation disasters can be caused by pilot error, weather, mechanical failure, other human error, or even airplane hijacking. The Chicago airplane accident attorneys at the Law Offices of Jeffrey J. Kroll have firsthand experience litigating lawsuits resulting from airplane crashes, from important choice of law disputes to complex trials and/or settlements. Attorney Heather A. Begley was part of the legal team that worked on the case involving the airplane collision that took the life of radio personality Bob Collins in Waukegan, Illinois, in 2000.

The airplane accident attorneys at the Law Offices of Jeffrey J. Kroll are prepared to handle the following types of airplane accidents:

• Commercial airplane accidents (Boeing 737, Boeing 747, Airbus)
• Personal aircraft (Cessna, Ultralight, single-engine airplanes)
• Charter airplanes
• Business jets
• Twin-engine aircraft
• Military aircraft
• Airport accidents (O’Hare International Airport, Midway International Airport)
• Medical transport

Survivors of a plane crash may file a personal injury lawsuit for monetary damages, including pain and suffering, post traumatic stress disorder, costs of medical care, loss of income, disability and disfigurement. The surviving family members of those killed in airplane disasters may bring a wrongful death lawsuit.

Continue reading " RECENT CHICAGO AREA PLANE CRASHES " »

Happy Thanksgiving from the attorneys and staff at the Law Offices of Jeffrey J. Kroll! We wish you all a safe and fun holiday!

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, "Lawyers must remain civil, courteous", Jeff discussed how attorneys can disagree with out being disagreeable. Here is an excerpt from his article:

The preamble to the Illinois Rules of Professional Conduct notes that a lawyer has an "obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system." Ill. Sup. Ct. R. Prof'l Conduct, Preamble [9]. Having practiced law throughout Illinois, and in other states, I know that some struggle to live up to this obligation.

We have all heard the horror stories of lawyers acting uncivilly and rudely. Inappropriate personal attacks in a written motion, loud and obnoxious behavior in the courtroom, nasty letters, outrageous phone calls, even blatant disrespect of judges. The anecdotes are endless and eye-popping.

While I obviously do not condone such absurd behavior, I am more concerned about the sad state of lawyers' interactions with each other on a daily basis. Due to current economic woes, civility among lawyers seems to be devolving at a dangerously rapid pace.

I remember one particular episode in my younger days when, knowing that I could not timely file a brief, I picked up the phone and politely asked my opponent for an extra week to file. My opponent graciously extended me the courtesy. To my dismay, the very next day, he filed an emergency motion. Upon confronting him on his two-faced tactic, he decried, "It wasn't me; my client made me do it." I learned a lot from that experience. (First and foremost, document everything in a letter with certain attorneys.)

After practicing law for about two decades, I have met a lot of attorneys and worked with many firms in Chicago and around the country. My internal catalog of ungracious acts by attorneys as well as stories of out and out spite perpetrated on others is sadly larger than it should be.

Now, just by gazing at the return address on an envelope containing a new opponent's appearance in a case, I have a good idea what tone the case will take. Sometimes just the firm's name will lend a clue: I'm going to have an opponent that I can cordially work with or I'm going to send a lot of "cover my butt" letters on this one.

Like an individual attorney, a firm's reputation precedes itself and not always in a good way. A firm with a "scorched earth" policy may win cases, but the lawyers there do not make many friends or allies. It is a round world and we all need favors from time to time.

I do not hold in high esteem excuses such as "I was just zealously representing my client" or "my client made me do it." It's fine — it's great in fact — to be a tough opponent, but not to be duplicitous. Acting professionally and civilly do not equate to being a pushover, just as being a successful advocate and acting kindly are not mutually exclusive qualities. Zealousness is not a synonym for bullying.

Illinois' Rules of Professional Conduct provide one possible answer why attorneys may act so badly at times: "Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living." Ill. Sup. Ct. R. Prof'l Conduct, Preamble[9]. Many lawyers today work under the edict that time is money. In my opinion, these stray arrows have most likely failed to attentively read the Rules of Professional Conduct and deny that their behavior presents an ethical problem that upsets and provokes others.

There are all kinds of lawyers in this world, some nicer than others. There will always be divisive jerks out to vex you, wear you down. (You thought you escaped the playground!) Pause before retaliating. That lawyer may win the battle, but eventually he will lose the war. The practice of law, especially litigation, is not for the thin-skinned. It can be, and often is, a battle. But, it's not a battle to the death, folks. Life and the practice of law is short. Enjoy it.

To read the entire article, click here.

Continue reading " BALANCING LIFE AND THE LAW " »

Gabrielle Giffords, the U.S. Congresswoman who suffered a near-fatal brain injury when a gunman opened fire on her and a group of supporters outside of a Tucson, Arizona, supermarket last January, recently sat down with Diana Sawyer of ABC News. Ms. Giffords suffered a left-side brain injury and has been diagnosed with a condition called aphasia, or an inability to talk or write in well-formulated sentences. Many individuals who suffer from traumatic brain injury also suffer from aphasia.

Left-side brain injuries, like Gabrielle Giffords' brain injury, tend to affect vital functioning, such as vision, language, and the ability to move the right side of the body. As a result, extensive rehabilitation must be endured to retrain the injured brain.

While all brain injuries differ in one form or another, one thing remains constant among all brain injuries: the struggle to regain abilities and resume an enjoyable quality of life. The process may be long and slow with daily struggles ranging from relearning how to speak to relearning how to walk. Many forms of long term rehabilitation must be employed, including physical therapy, speech therapy, occupational therapy and psychological therapy, among others. Cognitive rehabilitation is essential as well. Thanks to Congresswoman Giffords, many are now beginning to appreciate the significance of many forms of rehabilitation for those suffering traumatic brain injuries. (Coincidentally, doctors attribute the success Gifford's recovery to music therapy as well.) Hopefully, insurance companies will cover these services when needed.

According to the Center for Disease Control, each year, approximately 1.7 million people in the U.S. suffer traumatic brain injuries. Roughly 52,000 people die as a result of their injuries and about 275,000 of them are hospitalized. Direct and indirect medical costs -- including lost productivity -- attributed to traumatic brain injury estimated $60 billion in the United States in 2000.

Due to advancements in medical treatment and rehabilitation, the number of Americans living with traumatic brain injuries has increased. The Chicago Accident and Injury Lawyer Blog, which highlights traumatic brain injuries, discussed this very topic just last month in a blog entitled, LIVING WITH TRAUMATIC BRAIN INJURIES. There, we discussed how researchers have found it difficult to pinpoint guidelines for treating traumatic brain injuries due to the fact that the severity of injuries varies widely from person to person.

Continue reading " THE ROAD TO RECOVERY AFTER A TRAUMATIC BRAIN INJURY " »

The chronic pain and traumatic brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an interesting article in the Wall Street Journal entitled, Rewiring the Brain to Ease Pain, which explains how brain imagining technologies are helping scientists to learn more about "how the brain processes pain."

Everyone experiences and perceives pain in different way -- hence the phrases "my tolerance for pain is high" or "my tolerance for pain is low." According to the Wall Street Journal's article, many factors come into play, including "heredity, stress, anxiety, fear, depression, previous experience and general health." Motivation to overcome pain is also a factor to consider.

In an effort to better understand where pain comes from, researchers are now studying how the brain reacts to pain in various ways in hopes of developing alternatives to the highly relied-upon and perhaps overly-prescribed pain medications. The article discusses a study at Stanford University's Neuroscience and Pain Lab, where "subjects can watch their own brains react to pain in real-time and learn to control their response—much like building up a muscle." When distracted away from the pain, subjects' brains showed "more activity in the higher-thinking parts of their brains." In the alternative, when focusing on the pain specifically, subjects "had more activity in the deep brain structures that process emotion." These studies are exciting because they show how researchers are beginning to understand the processes of the brain more intricately. Many researchers believe that drug therapy is not the only answer for treating chronic pain.

"Some 116 million American adults—one-third of the population—struggle with chronic pain, and many are inadequately treated, according to a report by the Institute of Medicine in July." Brain "scans show that chronic pain (defined as pain that lasts at least 12 weeks or a long time after the injury has healed) represents a malfunction in the brain's pain processing systems. The pain signals take detours into areas of the brain involved with emotion, attention and perception of danger and can cause gray matter to atrophy." Rewiring the Brain to Ease Pain.

Research discussed in the Wall Street Journal article explores cognitive behavioral therapy, mediation, tai chi, and hypnosis to help focus patients away from thinking about pain and developing a negative outlook. Instead, these techniques and therapies focus on positive behaviors.

Continue reading " WHERE DOES THE PAIN COME FROM? " »

In recent weeks, we've heard the horrendous news that two Chicagoland area children suffered life-ending injuries when televisions fell on top of them. Many families, while aware that televisions are considered heavy furniture, do not understand the severe risk televisions present to young children if they fall from a wall or an unsecured television stand. As Chicago products liability and premise liability attorneys (and parents), we understand that this is a scary prospect. Many families own multiple televisions. It is imperative that these televisions are properly anchored so that children cannot tip them over.

The Consumer Product Safety Commission (CPSC) reports that between 2000 and 2010, "[o]n average, one child dies every two weeks when a TV, piece of furniture, or an appliance falls on him." However, more kids are killed in accidents involving television tip-overs than any other piece of furniture. CPSC also estimated "that more than 22,000 children 8 years old and younger were treated in hospital emergency rooms for injuries resulting from tip-over incident between 2008 to 2010," with the most common incidents involving toddlers who climbed, fell against or pulled themselves onto such furniture.

The Chicago Tribune recently exposed the fact that new TVs are missing a "simple tool that could save their child's life — safety straps or anchors to keep the television from tipping over — because manufacturers aren't required to include them." In fact, it is not that easy to find these safety straps in stores. Safety advocates are now bringing to light the need for manufacturers to include safety straps or device with the purchase of new television.

The Tribune provides the following tips for anchoring a television:

- Use nylon straps or mounting kits to anchor televisions, but do not use furniture safety straps to anchor televisions. Look for straps for televisions only.
- If utilizing a TV stand, make sure it is sturdy. If the base is too small for the TV, a tip-over may occur more easily.
- Do not place televisions on dressers.
- Televisions placed on furniture should be anchored to the wall and sit as far back on the piece of furniture as possible.
- Do not place remote controls or other items (including toys) on top of televisions or television stands. Also, refrain from placing other electronic devices, such as DVD players, on top of televisions.
- Keep cords out of reach.
- Recycle old TVs.
- Always supervise children around unanchored televisions.

Researchers are now looking at the risks posed by flat-screen televisions versus tube televisions. Of course, tube televisions are heavier, but flat screens are easier for children to grab and tip. The Chicago Accident and Injury Lawyer Blog discussed this very topic back in 2009, in a blog post, Hidden Household Hazards for Curious Tots. There, we discussed various household hazards and tips for keeping small children safe.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY: PREVENTING TV TIP-OVERS " »

The Illinois school liability attorneys at the Law Offices of Jeffrey J. Kroll were very sad to hear of two recent bullying incidents. In one incident, a 10-year old girl took her own life as a result of bullying that occurred in her Ridge Farm elementary school, near Champaign, in downstate Illinois. Another incident came about when a 17-year old, Northern Indiana high school student suffered traumatic brain injuries in an attack by other students, which occurred as a result of bullying due to his ethnic background. These incidents prove that bullying is not just "kids being kids." Bullying has serious consequences and should not be ignored by teachers or school officials.

Not all parents are aware that their child is the victim of bullying. Children may feel mistreated and misunderstood, but not know how to express these feeling to their parents or other adults. Stopbullying.gov, an official U.S. Government Web site managed by the Department of Health & Human Services in partnership with the Department of Education and the Department of Justice, provides guidance for parents. According to Stopbullying.gov, your child may be the victim of a bully if he or she:

• Comes home with damaged or missing clothing or other belongings
• Reports losing items such as books, electronics, clothing, or jewelry
• Has unexplained injuries
• Complains frequently of headaches, stomachaches, or feeling sick
• Has trouble sleeping or has frequent bad dreams
• Has changes in eating habits
• Hurts themselves
• Are very hungry after school from not eating their lunch
• Runs away from home
• Loses interest in visiting or talking with friends
• Is afraid of going to school or other activities with peers
• Loses interest in school work or begins to do poorly in school
• Appears sad, moody, angry, anxious or depressed when they come home
• Talks about suicide
• Feels helpless
• Often feels like they are not good enough
• Blames themselves for their problems
• Suddenly has fewer friends
• Avoids certain places
• Acts differently than usual

There is also a good book on the market, When Your Child is Being Bullied: Real Solutions for Parents, Educators, and other Professionals, by M.K. Newman and J.E. DiMarco. Through the book and their website, solutionsforbullying.com, the authors explore individualized solutions to combat bullying.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property have certain rights and may be entitled to file a personal injury lawsuit if they can show the school or university failed to take reasonable steps to prevent the accident. While the subject of school immunity often comes up when dealing with lawsuits against schools since Illinois generally provides teachers and other certified educational employees with limited immunity from negligence actions, Jeffrey J. Kroll has successfully defeated immunity defenses in numerous cases by proving willful and wanton misconduct on the part of the school or school district. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). The legal term "willful and wanton" refers to the failure, after gaining actual or constructive notice of an impending danger, to exercise care to prevent harm to others, when that danger poses an unreasonable risk of harm. Sullivan v. City of Hillsboro, 303 Ill. App. 3d 650, 655 (5th Dist. 1999). It is a hybrid between acts considered to be negligent and those considered to be intentional. Stojkowich v. The Monadnock Building, 281 Ill.App.3d 733, 744 (1st Dist. 1996). Whether specific acts amount to willful and wanton conduct is ordinarily a question of fact for the jury. Green v. Chicago Park District, 248 Ill. App. 3d 334, 341 (1st Dist. 1999).

Jeffrey J. Kroll, a tireless advocate for injured children in all types of cases, including school liability, was recently interviewed by award-winning attorney and host Karen Conti for a segment on “Legally Speaking” on Chicago Superstation WGN (AM 720), to discuss bullying and hazing and how parents and schools can handle this problem in our society.

Continue reading " BULLYING: A SERIOUS PROBLEM THAT CAN LEAD TO SERIOUS INJURY AND DEATH " »

At least two bus accidents were reported by Chicago newspapers last week. It is always concerning to hear of any accidents in the news; however, as Chicago bus accident attorneys we know that bus and motorcoach accidents can lead to severe injuries since buses typically are not equipped with safety belts. As a result, bus passenger injuries can include head trauma, internal bleeding, paralysis and even death.

One of the accidents that occurred last week involved a semi-truck driver who caused a collision with an elementary school bus on the Eisenhower Expressway near Forest Park, Illinois. The bus carried 4th, 5th and 6th graders. According to the Chicago Tribune, police issued the semi- truck driver a citation for following too closely and failure to reduce speed to avoid an accident. Thankfully, no major injuries were reported.

A few days later, the Chicago Tribune reported that a CTA bus that crashed into a light pole on Chicago's south side resulted in 26 passenger injuries. Seven of the injured were reported to be in fair-to-serious condition, and 19 in good-to-fair condition.

The Center for National Truck and Bus Statistics (CNTBS) has tracked bus accident statistics since 1999. In 2008 (the most current year reported), its Buses Involved in Fatal Accidents Factbook 2008, (Factbook 2008) documented various trends related to buses involved in fatal accidents. One trend noted that from 2004 through 2008, approximately 310 buses were involved in fatal traffic accidents yearly. (Factbook 2008, page 5.) School buses, owned and operated by school districts, accounted for 39.3% of all fatal bus crashes, with the number of school bus crashes increasing to 120 in 2008 from 111 in 2007. (Id.) California, New York, and Florida saw the largest amount of fatal bus accidents. 77 pedestrians and 16 bicyclists were also killed during 2008 in bus accidents. In 2008, there were twelve fatal bus accidents in Illinois, which constituted 4.1% of national fatal bus accidents. (Id.) The report provides a plethora of information related to bus crashes and fatalities.

In Chicago, buses are a common form of transportation for students and workers. The Regional Transportation Authority (RTA) and Chicago Transportation Authority (CTA) operate hundreds of buses daily. Pace buses also service Chicago and its suburbs. Thousands of children ride on school buses each day. In addition, many commercial bus lines, including Greyhound, Megabus and CoachUSA operate tour buses around Chicagoland area.

People injured in bus accidents may sue the bus driver and/or the commercial bus company for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. Under most state laws, common carriers have a higher level of responsibility to drive with care and protect passengers and other vehicles sharing the road. It is important to keep in mind that there may be a statute of limitations for filing a claim for injuries sustained as a result of a bus accident. This means that in some cases, if you do not file a claim within a certain time period after the accident, you permanently waive your right to seek financial compensation.

Continue reading " CHICAGO BUS ACCIDENT ATTORNEY: BUS ACCIDENTS CAN BE DEADLY " »

Here is something that probably would not cross your mind: metropolitan areas that have seen the largest drop in employment also have the largest drop in traffic-related fatalities. According to the National Highway Traffic Safety Administration (NHTSA), there were 37,261 people killed in motor vehicle crashes in 2008, which is the lowest number recorded since 1961. Why? NHTSA explored reasons in its 2010 study, An Analysis of the Significant Decline in Motor Vehicle Traffic Fatalities in 2008, crediting the recession for the drop in deaths. Data from the study indicated that previous drops in fatalities also occurred during times of recession.

In 2008, our Chicago Accident and Injury Lawyer blog discussed this very topic: how the troubled economy affects the number of traffic accidents in an area. Intuitively it makes sense, we suppose. When fewer people have jobs, fewer people are commuting. This may be the one bright spot in an otherwise dim economic period. Coincidentally, the demographic that saw one of the largest drops in fatality was that of young drivers of passenger vehicles, 16- to 24-years old. The study reasoned that since the "current unemployment rate among 16- to 24-year-olds is at a rate far greater (about twice) than the national average," the individuals in this age group are less likely to own and maintain a motor vehicle. Additionally, the age group enjoyed a reduced exposure to risk due to the decreased need to travel to a place of employment. With less money, 16- to 24-year olds also have fewer opportunities to travel in vehicles in search of leisure activities.

Recently, U.S. Transportation Secretary Ray LaHood announced that the 2010 traffic fatality statistics continued to decrease, falling three percent between 2009 and 2010. This time, however, there was a reported increase in road travel, with nearly 21 billion miles travelled by vehicles nationwide. NHTSA conducted a regional breakdown, with greatest drop in fatalities recorded in the Pacific Northwest states of Washington, Oregon, Idaho, Montana and Alaska.

Secretary LaHood has been an outspoken advocate against distracted driving and drunk driving and for improved vehicle safety. The car accident and injury attorneys at the Law Offices of Jeffrey J. Kroll appreciate his efforts to keep our roads safe. As wintery conditions prevail upon the Chicagoland area, we hope that all motorists make a conscious effort to practice safe driving techniques.

Continue reading " DECREASE IN OVERALL NUMBER OF CRASHES LINKED TO UNEMPLOYMENT " »

Many drivers appreciate the fact that their vehicle requires time and distance to make a safe stop. However, some fail to gauge time and distance properly, tailgating other vehicles too closely, and causing rear-end car and truck accidents. As Chicago car accident and injury attorneys, we have seen the devastating result of cars and trucks that collide with another vehicle from the rear.

Following vehicles too closely, or tailgating, is the cause of most rear-end collisions, according to the Illinois Secretary of State. As a result, most motorists could probably stand to be reminded of the three-second rule.

The three-second rule works like this: Using caution while driving, choose a fixed object up ahead of you on the road. When the vehicle in front of you passes the object, begin counting "one-thousand-one, one-thousand-two," and so on. If you count to "one-thousand-three" before your vehicle passes your chosen object, you are following too closely. Of course, this only applies when you are traveling a well-paved road in good weather conditions. If weather and road conditions are bad, widen the gap between you and the vehicle in front of you. Be prepared to expect the unexpected. Also, as you increase your speed, it is a good idea to increase the distance between you and the vehicle in front of you.

The Illinois Secretary of State provides some guidance on how you should adjust speed to match the flow of traffic. For example, if you are traveling 25 miles per hour, your vehicle will cover approximately 37 feet in 1 second. A vehicle following the three-second rule will maintain a distance of 111 feet from the car in front of it. If you are driving faster, say at 55 miles per hour, your vehicle will travel 81 feet per second. Per the three-second rule, you should stay 243 feet behind the driver in front of you. In other words, 4/5ths of length of a football field.

Rear-impact car accidents can cause very serious personal injuries, including severe neck, back or spinal cord injuries and even wrongful death. People involved in rear-end car crashes are typically subjected to a great amount of force, which may result in severe injuries.

Often, the at fault driver in a rear-impact car accident will argue that he did not anticipate that the driver in front of him would stop so suddenly. However, Illinois drivers have a duty to anticipate sudden stops. Ferguson v. Zeman, 109 Ill.App.2d 417 (1st Dist. 1969) (finding the trial court improperly directed a verdict for the defendants where the evidence showed that defendants were negligently following too closely).

Continue reading " CHICAGO CAR ACCIDENT ATTORNEY: WHAT IS CONSIDERED A SAFE STOPPING DISTANCE? " »

Many drivers appreciate the fact that their vehicle requires time and distance to make a safe stop. However, some fail to gauge time and distance properly, tailgating other vehicles too closely, and causing rear-end car and truck accidents. As Chicago car accident and injury attorneys, we have seen the devastating result of cars and trucks that collide with another vehicle from the rear.

Following vehicles too closely, or tailgating, is the cause of most rear-end collisions, according to the Illinois Secretary of State. As a result, most motorists could probably stand to be reminded of the three-second rule.

The three-second rule works like this: Using caution while driving, choose a fixed object up ahead of you on the road. When the vehicle in front of you passes the object, begin counting "one-thousand-one, one-thousand-two," and so on. If you count to "one-thousand-three" before your vehicle passes your chosen object, you are following too closely. Of course, this only applies when you are traveling a well-paved road in good weather conditions. If weather and road conditions are bad, widen the gap between you and the vehicle in front of you. Be prepared to expect the unexpected. Also, as you increase your speed, it is a good idea to increase the distance between you and the vehicle in front of you.

The Illinois Secretary of State provides some guidance on how you should adjust speed to match the flow of traffic. For example, if you are traveling 25 miles per hour, your vehicle will cover approximately 37 feet in 1 second. A vehicle following the three-second rule will maintain a distance of 111 feet from the car in front of it. If you are driving faster, say at 55 miles per hour, your vehicle will travel 81 feet per second. Per the three-second rule, you should stay 243 feet behind the driver in front of you. In other words, 4/5ths of length of a football field.

Rear-impact car accidents can cause very serious personal injuries, including severe neck, back or spinal cord injuries and even wrongful death. People involved in rear-end car crashes are typically subjected to a great amount of force, which may result in severe injuries.

Often, the at fault driver in a rear-impact car accident will argue that he did not anticipate that the driver in front of him would stop so suddenly. However, Illinois drivers have a duty to anticipate sudden stops. Ferguson v. Zeman, 109 Ill.App.2d 417 (1st Dist. 1969) (finding the trial court improperly directed a verdict for the defendants where the evidence showed that defendants were negligently following too closely).

Continue reading " CHICAGO CAR ACCIDENT ATTORNEY: WHAT IS CONSIDERED A SAFE STOPPING DISTANCE? " »

According to dogsbite.org, a national dog bite victims' group dedicated to reducing serious dog attacks, between 2006 and 2008, pit bull-type dogs killed 52 Americans, accounting for 59% of all fatal dog attacks during that period. Yes, you read that correctly, 52! The statistic "is equivalent to a pit bull killing a U.S. citizen every 21 days during this 3-year period." Pit bulls and Rottweilers together accounted for 73% of the 52 deaths caused by dog attacks. The Chicago dog bite attorneys at the Law Offices of Jeffrey J. Kroll have represented a number of victims of dog bites, especially those seriously injured by pit bulls and Rottweilers. The U.S. Center for Disease Control (CDC) reports that 4.5 million Americans are bitten by dogs each year, with one in five dog bites results in injuries that require medical attention.

Who is most at risk? According to dogsbite.org, pit bulls tend to kill adults more often than children. In that same three-year period discussed above (between 2006 and 2008), of the 52 Americans killed by pit bulls, 54% were adults and 46% were children. Pit bulls can be just as dangerous off their owner's property as they are on it. Among senior citizens killed by pit bulls during that same period, "Two were killed while standing in their own backyard…. Four others were killed while taking a morning walk or getting the mail."

However, despite the statistics, children must be watched closely around all dogs, especially pit bulls and Rottweilers. According to the CDC, serious injuries from dog bites are highest for children between the ages 5 to 9 years. Children are also more likely than adults to require medical attention as a result of a dog bite. Children should never be left alone with dogs of any breed. Also, parents and caregivers must exercise extreme caution when introducing a child to a new situation with an aggressive dog breed, such as a first time visit to the home of a dog with dangerous tendencies. To be safe, keep children out of such scenarios.

If you have been bitten by a dog or otherwise suffered injury due to the action of an animal, then you may be entitled to bring a lawsuit against the owner of that animal. Many towns and municipalities throughout Illinois ban or restrict the ownership of pit bulls. The Illinois Animal Control Act, 510 ILCS 5/16 (2011), further protects people who are injured by animals owned by others. The law states:

"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

The word "attack" includes aggressive, threatening, or menacing behavior that does not culminate in biting or other injury, as well as actual physical contact. 2002 Op. Atty. Gen (02-001). Under the law, the animal's owner may be liable for monetary damages for injuries caused by the animal. Parents of minors injured by dog bites also have a right to seek recovery for monetary damages, such as medical expenses. To successfully recover damages in a dog bite case, parents must establish: (1) that the minor victim's injury was caused by the animal owned by the defendant; (2) lack of provocation; (3) peaceable conduct of the minor child; and (4) the presence of the minor child in a place where he had a right to be. Claxton ex rel. Claxton v. Grose, 226 Ill. App. 3d 829 (4th Dist. 1992).

Victims of attacks by dogs or other animals may suffer serious injuries and death. Medical expenses will often include reconstructive surgery, including skin grafting, tissue expansion and scar diminishment, which could require multiple procedures over a period of years.

Continue reading " BEWARE OF DOG: PIT BULLS AND ROTTWEILERS CAN AND DO CAUSE SERIOUS INJURIES AND DEATHS " »

As Chicago automobile accident and injury attorneys, we were interested to read about the recent AAA study that compared the cost of national motor vehicle crashes with the cost of traffic congestion. As Chicagoans, we are accustomed to dealing with traffic congestion on a daily basis. As automobile crash and injury attorneys we have served numerous victims of vehicle collisions. Despite what commuters may say about the costs associated with Chicagoland traffic, the costs of crashes present a larger financial cost to society. In fact, the AAA study as reported by the Chicago Tribune found that "crashes cost the greater Chicago area $11.3 billion a year, representing a bigger economic threat to the region's sustainability than traffic congestion."

AAA endeavored to show commuters that congestion, which most us understand and live through on a daily basis, poses far less of a financial burden on commuters than car crashes, even if the driver is not personally involved in a crash. However, for those of us in the Chicagoland area, the costs are not too far apart. For example, the $9.5 billion annual price tag attributed to congestion amounts to $1,112 per person, while the $11.3 billion cost of car crashes comes to $1,180 per person. The AAA study entitled, Crashes vs. Congestion – What’s the Cost to Society?, found overall car crashes cost U.S. motorists nearly $300 billion each year. The study also found that over 5.5 million police reported motor vehicle crashes result in more than 30,000 fatalities and two million injuries among motorists in the United States, with motor vehicle crashes leading the cause of death among those ages 5-34. Crashes v. Congestion, pp. ES-1, 1.

What does the study recommend for improving road safety and reducing traffic fatalities and injuries? Here a few of their recommendations: (1) make safety a national priority; (2) increase investment in proven safety countermeasures; (3) pass good laws and enforce them; (4) make zero fatalities a national goal; (5) increase funding for testing and the evaluation of safety interventions.

While governmental agencies and law makers take steps to make our roads safer, every motorist must practice safe driving techniques. One area of concern during the autumn season is an increase in deer and car collisions. The recent, devastating news of the Chicago family killed on the Indiana Toll Road when a deer collided with their minivan is one sad example. Every fall, deer mating season in the United States runs from October to December. This time of year can be dangerous for drivers because male deer begin straying from their homes to find potential mates. This seasonal wandering instinct causes deer to cross paths with humans more frequently, causing more car crashes. According to the National Highway Traffic Safety Administration, about 1 million car accidents occur each year when deer collide with cars. Approximately 200 Americans are killed in crashes with deer, which also cause more than 10,000 personal injuries, and result in approximately $1 billion in vehicle damage.

Continue reading " CHICAGO CAR CRASH ATTORNEY ON THE COST OF VEHICLE CRASHES " »

The personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll just reviewed a new study released by the national consumer rights organization, the Center for Justice & Democracy, which found that news coverage of civil jury verdicts fails to provide an accurate picture of the civil justice system and that certain new media trends are making the situation even worse. As Chicago personal injury attorneys with over twenty years of experience handling high-profile cases, we were not surprised by these findings. We know that the American public rarely is exposed to the whole picture when it comes to lawsuits since large companies often employ large marketing and advertising agencies to spin the facts of lawsuits in their favor and against the innocent victims. The documentary "Hot Coffee" did an excellent job exposing the truth when it comes to the civil justice system and settlements and verdicts against companies, organizations, and/or doctors and hospitals.

The Center for Justice & Democracy's new study entitled Headline Blues: Civil Justice In The Age Of New Media, takes another look at the problems that media pose to the civil justice system, following up on its 2001 study, Reading Between the Headlines: The Media and Jury Verdicts, which "found the media’s coverage of verdicts to be deeply skewed, fueling common misperceptions that civil juries routinely award plaintiffs eye-popping verdicts for frivolous claims." While the new Headline Blues' study found the same to be true, it highlights new media trends that further distort reporting.

As one could imagine, the way that we obtain news on a daily basis has drastically changed since 2001. While traditional media sources, such as television and newspapers, have not been completely replaced, new outlets such as online newspapers, social media sites such as Facebook and Twitter, and even Google News, often draw in readers with a very limited description of a case and sometimes merely a headline, which may not accurately report a news story.

The researchers of the Headlines Blues' study searched Google News and the Top 25 blogs at Technorati blog for civil jury verdicts and settlements between May 1, 2011 and July 20, 2011. They selected articles reporting civil jury verdicts and settlements in cases involving physical injuries, examining several aspects of each article. The study found that 39 percent of the articles reporting a "plaintiff win" mentioned only the monetary amount of the award and the type of case in the headline, "but nothing about the defendant’s misconduct. Another 14.5 percent mentioned only the monetary award, excluding any information about the type of case or injury." As a plaintiff's personal injury attorney, I know that there can be a connection between the defendant's conduct and the amount of the verdict.

Our personal injury attorneys found this example from the study quite telling:

Headline: Woman wins $3.25 million in verdict [Mill Valley Herald, June 22, 2011]. The full article revealed:

"A Mill Valley woman who suffered severe chemical burns after a Lake Tahoe casino mistakenly served her a caustic cleaning solution in a water bottle has been awarded $3.25 million in damages by a San Francisco Superior Court jury, according to her attorney. "Julia Ellis received the award for medical bills and pain and suffering in a civil verdict delivered June 13, attorney Christopher B. Dolan said in a statement.

"Ellis was staying at Harvey’s Lake Tahoe on Dec. 2, 2007, when she asked a bartender for a bottle of water. Ellis was given a Harrah’s-branded bottle of water, took a large drink, and immediately began screaming in pain, Dolan said. She was taken to the hospital, where it was determined that the bottle contained a caustic cleaning solution.

"It was later determined that an employee had poured the solution from its larger storage container into an empty, unmarked water bottle and left it in the kitchen, where it was then inadvertently served to Ellis, Dolan said."

The study further found that for every story reporting a defense win, where a plaintiff received no award, there were six other stories reporting plaintiffs' wins, giving the skewed impression that plaintiffs win much more often than defendants. In fact, plaintiffs "prevail in only 51.3 of tort cases before juries, and 56.2 percent of the time before judges." Headline Blues, pp. 5-6.

The study recognizes that news outlets are pressured to produce news at a vastly accelerating pace; however, it also recognizes that the public and the civil justice system in general suffer as a result. Jeffrey J. Kroll has lectured for the Illinois Institute of Continuing Legal Education on the topic of managing the media in high profile cases, including how to deal with pretrial publicity.

Continue reading " MEDIA'S SKEWED COVERAGE OF THE CIVIL JUSTICE SYSTEM " »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading " WHAT TO KNOW BEFORE YOUR MRI " »