Chicago Accident and Injury Lawyer Blog

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 should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

If you are bitten by a dog, kicked by a horse or otherwise injured by an animal, then you may have a cause of action against the owner of that animal.

In Illinois, there is a statute commonly known as the Animal Control Act, 510 ILCS 5/16 (2010), which protects people who are injured by animals owned by others. The law provides:

"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."

Under the law, the owner's liability is in the form of monetary damages paid to the injured person for the full amount of the injury that was caused by the owners' animal. The most common scenario of this type is a dog bite.

Dog bites can occur for any number of reasons, however, keep this in mind: If the dog was provoked by the injured person, the owner will not be held liable. In other words, provocation is a defense, and this applies for any type of animal injury, not just dog bites.

If you have been bitten by a dog, kicked by a horse, or injured by an animal, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll at 312-676-7222.

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll are experienced at handling dog bite cases. If you are bit by a dog, you may have grounds to take legal action against the dog's owner. The Illinois Animal Control Act, 510 ILCS 5/16, 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.

According the U.S. Centers for Disease Control data on dog bites, 4.5 million people are bitten by dogs each year. In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs. Sadly, most of the victims who receive medical attention are children. Many children are bitten in the face, causing permanent disfigurement.

Merritt Clifton, editor of Animal People, has compiled statistics and has presented a detailed study of dog bites for the last two decades. Importantly, Mr. Clifton emphasizes the dangerous behavior of pit bills and Rottweilers and remarks:

[I]t is sheer foolishness to encourage people to regard pit bull terriers and Rottweilers as just dogs like any other, no matter how much they may behave like dogs under ordinary circumstances. Temperament is not the issue, nor is it even relevant. What is relevant is actuarial risk. If almost any other dog has a bad moment, someone may get bitten, but will not be maimed for life or killed, and the actuarial risk is accordingly reasonable. [However,] if a pit bull terrier or a Rottweiler has a bad moment, often someone is maimed or killed, and that has now created off the chart actuarial risk, for which the dogs as well as their victims are paying the price.

Continue reading "CHICAGO DOG BITE ATTORNEY DISCUSSES LIABILITY FOR DOG BITES AND IDENTIFIES DANGEROUS DOG BREEDS" »

The rate of dog bite–related injuries is highest for those ages 5 to 9 years. As a Chicago personal injury attorney who handles dog bite cases, I have handled a number of matters involving dog bites. Two common scenarios involving children include: (1) a child is bit by a neighborhood dog who has run away from its owner's home and (2) a child visiting a friend's home is bit by the family dog. To help prevent children from being bitten by dogs, encourage them to follow these safety tips from the U.S. Centers for Disease Control:

- Keep your distance from an unfamiliar dog;
- Do not pet an unfamiliar dog with
- Do not run from a dog or scream;
- Be very still when approached by an unfamiliar dog;
- If a dog knocks the child over, he or she should roll into a ball and lie still;
- Avoid direct eye contact with the dog;
- Let the dog sniff and see you before you pet it; and
- Do not disturb a dog that is sleeping or eating.

Remember that an adult should be present and supervising when a child is playing with a dog. Also, the presence of stray dogs or dogs displaying unusual behavior to an adult should be reported to the authorities.

Continue reading "DOG BITE ATTORNEY IN CHICAGO SHARES TIPS TO PREVENT CHILDREN FROM BEING BITTEN" »

Mere days ago, a 17-year old in southern Illinois was seriously injured after her vehicle struck a cow in the roadway. Police have yet to find the owner of the cow, but will continue to investigate...after all, livestock owners can be held liable for injuries caused by their animals.

Under the Illinois Domestic Animals Running at Large Act, owners of livestock, such as cattle, can be held liable for injury to the person or property of another. In order for a person, such as this 17-year old, to recover under this law, it must be proven that the owner of the livestock did not use reasonable care in restraining his or her livestock. Instead of holding livestock owners strictly liable, this law encourages owners of livestock to restrain their animals so as to prevent accidents. Those livestock owners that allow their animals to roam free will be liable to others for the damage the animals cause. Those that are not aware that their animals are running free and can demonstrate that they used reasonable control in restraining their animals will not be held liable.

Continue reading "CRASHING INTO CATTLE: ANIMAL LIABILITY" »