Chicago Accident and Injury Lawyer Blog

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

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" »

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" »

No one thinks about injuries while on vacation, but unfortunately, injuries do happen. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll want you to understand the various ways cruise lines shield themselves from liability in the event of a passenger injury. For example, cruise lines typically take the position that they are not liable for the malpractice of the ship's doctors or nurses, even if they wear a cruise line-issued uniform. Cruise-line doctors are often considered independent contractors and must be sued individually, even if you were billed for their services through the cruise line. See, McGill, Gerry,Handling Cruise Line Passenger Claims, Trial Lawyer, Summer 2011.

Be careful on excursions from the cruise ship as well. Many cruise lines specifically contract out of liability for excursions, even if you pay for the excursion through the cruise line. Had your heart set a specific excursion at a specific port? Cruise lines include fine print in their tickets that permit them to deviate from schedule and skip ports at any time, without any recourse to the passengers.

And if you act up on the ship or at a port? The cruise line and its captain have the right to refuse a passenger passage back onto the ship, disembark the passenger from the ship or confine the passenger to a stateroom if the passenger's physical or mental condition or behavior -- in the sole opinion of the captain or ship's physician -- is believed to constitute a risk. (Remember, that physician who doesn't actually work for the cruise line?) Now, after all that, cruise line's tickets also typically contain a line prohibiting any claims for emotional distress.

What rights does an injured passenger have? Contact an experienced personal injury attorney to evaluate your legal options. Despite the restrictions, recovering monetary damages is possible.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY: WHAT TO DO IF YOU ARE INJURED WHILE ON A CRUISE VACATION, Part 2" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read the disturbing news that meteorologists at Accuweather are predicting that Chicago will get 50 to 60 inches of snow this winter. Sounds like a good time to start planning a vacation, but before you do so, please understand your rights as it relates to cruise ships.

After reading Handling Cruise Line Passenger Claims (Gerry McGill, Trial Lawyer, Summer 2011), our personal injury attorneys were concerned that cruise line passengers were not aware of the special considerations that cruise lines benefit from in the event that a passenger becomes injured. Typically, if you are injured on while on a cruise, General Maritime (or Admiralty) law will govern your case. However, cruise lines enjoy limits to their liability for passenger injury, which many passengers may not understand. In fact, cruise lines are permitted to include a line in their tickets that limits the time that an injured person has to file a claim to one year. Many cruise lines also add a line requiring the injured person to provide detailed notification of a claim within six months of the incident, or else the claim could be barred. Many cruise line passengers do not pay attention to the fine print before booking a vacation.

Another common fine print limitation: the venue (or location) where a passenger may file suit. Regardless of where you boarded the ship, most cruise lines designate Dade County, Florida, certain federal district courts, Los Angeles, California, or Seattle, Washington as the forum for filing a lawsuit against a cruise line. Knowing that many passengers do not live in these areas, cruise line CEOs are succeeding in making it as difficult as possible for passengers to sue.

But, the truth is, people do suffer injuries while on cruises, from slips and falls to injuries during excursions and even ship emergencies like fires and collisions. Vacationers are not shielded from injury. Knowing your options if and when an injury occurs is a good idea. The Chicago Accident and Injury Lawyer Blog will provide more tips on cruise line lawsuits in the upcoming days.

Continue reading "WHAT TO KNOW BEFORE YOU MAKE PLANS TO ESCAPE THE COLD AND BOOK A CRUISE VACATION" »

Two boats collided Saturday night in Lake County's Nippersink Lake. Both drivers have since been charged with operating under the influence.

The driver of a 22-foot Crownline, a 53-year old man from Fox Lake, was driving his boat allegedly under the influence when he collided with a 20-foot Crownline, driven by a 48-year old man from Glenview. The 22-footer flipped over in the collision, sending a 55-year old female passenger out of the boat. A passerby rescued the woman and two deputies from the Lake County Sheriff's Marine Unit resuscitated her with CPR. She was taken by Flight for Life to Centegra Hospital-McHenry where she is now in fair condition.

This story serves as a reminder to all of us that drinking while boating is dangerous and can lead to catastrophic injuries. Thankfully there were no fatalities in this accident.

Two Illinois teenagers were seriously injured Friday when the water tubes they were riding on collided with a floating wooden dock on Round Lake in Van Buren County, Michigan. The boys, ages 11 and 17, were riding on individual tubes and being pulled by a speed boat. When the boat turned toward shore, a third tube ridden by a 13-year-old boy struck the other two tubes. The collision caused the tubes carrying the 11-year-old and 17-year-old to spin toward shore where they struck a floating wooden dock and were ejected from the tubes. The older boy landed on the dock, while the younger boy struck the dock's side and came to rest under it.

The 11-year-old suffered severe head trauma and multiple internal injuries and was flown to South Bend Memorial Hospital's trauma center in Indiana. The older teen also suffered severe internal injuries, multiple scrapes on his arms and a cue to his face and was also taken to the trauma center in South Bend. The 13-year-old boy on the third tube was uninjured in the incident. The boat's drive and four other passengers on the speed boat were unharmed.

Tubing can be a fun summertime activity, but it is important to keep the following safety tips in mind so that your tubing experience is not just fun, but also safe.

* Always wear a personal flotation device (PFD) when tubing. A life jacket is especially important in the event that the rider should become separated from the boat.

* Know your equipment. Be familiar with the capabilities of your water sports tubing equipment. It is important to follow the manufacturer's recommendations for water tubing capacity in terms of size and weight, number of riders, age limits and maximum towing speed.

* Know your rider. Know the capability of your rider, especially when young children are involved. While sharp turns, high speeds and big waves can be fun, these should never come at the expense of rider safety.

* Use a spotter. Designate one person on board the boat as a spotter who will keep a look-out for water tubing accidents or see if anyone has fallen off the tube. The driver of the boat should concentrate on oncoming obstacles, not on the people riding on the tubes.

* Be aware of water regulations, in particular, be mindful of towing speeds.

* Drive responsibly. The driver should be alert, sober and have a solid grasp of boating rules and regulations. be respectful of and keep your distance from other boats in the area when pulling tubes and always keep an eye out for additional water hazards such as rocks, docks and buoys.

* Use a secure tow line. Check for sings of wear, tear and fraying and replace as needed. Be sure to only use rope that is specifically designated for towing inflatables. Make sure the tow line is securely tied before take off.

* Never start the boat without first making sure that your rider is ready to go, meaning they have a firm grip on the line, are properly positioned on the tube, and that the line is properly and safely positioned.

* Handle wakes with care. Slow the boat speed when crossing wakes. Bouncing off wakes at extremely high speeds has been known to cause back injury, especially with riders who are water tubing stomach-down.

* Exercise caution when pulling more than one tube. It is especially important to travel at slower speeds and keep an extra careful eye out if you are boat tubing with more than one tube. Dual water sports tubing can often result in large crashes and serious accident should the tubes collide.

Continue reading "TWO TEENS INJURED IN TUBING ACCIDENT" »

A first-grade teacher from DeKalb died in a June 25 boating accident on the Vermilion River in Oglesby. Her co-worker, a third-grade teacher from the same school, has since been charged with operating a watercraft while under the influence of alcohol. Also charged was a 38-year-old Florida man.

The three were rafting on the Vermilion River in Oglesby when their raft went over the dam and was caught in the "boil" of recirculating currents at the dam's base. Instead of moving to the river right passage, their raft went over the low head damn. Although all three were wearing approved flotation, devices, the one teacher drowned and was pronounced dead at Illinois Valley Community Hospital in Peru.

The National Association of State Boating Law Administrators (NASBLA) just recently spearheaded an initiative called "Operation Dry Water" aimed at reducing the number of alcohol-related deaths and injuries due to boating while intoxicated. During the weekend of June 26 through June 28, the NASBLA, in conjunction with the U.S. Coast Guard and other partner agencies, coordinated a national weekend of Boating Under the Influence (BUI) detection and enforcement aimed at reducing the number of alcohol-related accidents and fatalities and fostering a stronger and more visible deterrent to alcohol use on the water.

Coast Guard statistics indicate that 21% of all boating fatalities in 2007 were a result of alcohol use. This continues an upward trend in the percentage of fatalities where alcohol was the primary cause of the accident. Alcohol can impair a boater's judgment, balance, vision and reaction time. It can increase fatigue and susceptibility to the effects of cold-water immersion. Sun, wind, noise, vibration and motion – "stressors" common to the boating environment – intensify the effects of alcohol, drugs and some medications.

As the 4th of July weekend approaches, I urge everyone to designate a driver...for both the roads and the waterways. Celebrate safely this Independence Day!!

Continue reading "DEKALB TEACHER DIES IN BOATING ACCIDENT" »

According to the Illinois Department of Natural Resources (IDNR), more people have died on Illinois waters in the past 8 months than were killed in boating accidents in the entire 12 months before. Thirteen people died on Illinois waters from October 1, 2007 to September 30, 2008, compared with 14 people who have died since October 1, 2008.

IDNR hopes the grim numbers lead fishermen and recreational boaters to exercise caution on the water this summer. IDNR Director Marc Miller reminded boaters that "safety should always be your first priority when it comes to outdoor recreation." Boating safely can be mastered easily thanks to free boat safety classes offered by the IDNR. These courses review boating laws and provide instruction on safe and attentive operation of watercraft.

While Illinois state law requires young boaters aged 12 to 17 to take boating education courses, statistics show that the majority of accidents involve older boaters who are not required to take safety classes. Indeed, 80% of injuries, 61% of fatalities and 72% of watercraft involved in accidents were operated by people between 20 and 59 years of age. Most of the operators in those accidents had over 100 hours of boating experience but little to no classroom safety instruction.

IDNR Chief of Law Enforcement Rafael Gutierrez noted, "Again and again, we see accidents, injuries, and sometimes deaths, that could be avoided." Wearing a personal flotation device could have prevented many of the deaths according to Gutierrez.

Continue reading "NUMBER OF DEATHS ON ILLINOIS WATERS IS UP" »

With Memorial Day weekend upon us, we begin to get involved with more outdoor activities. Not only are we kicking off barbeque season, the warmer weather often means the beginning of boating season.

Drowning remains second only to motor vehicles accident as the leading cause of unintentional injuries-related death among children ages 1 to 14. It is the parent’s responsibility to keep their children safe on the water and mandating that children wear life jackets. Ironically, many parents enforce the helmet safety rules when their children are riding bicycles but do not force them to wear life jackets.

Unfortunately, many parents are under the mistaken notion that they are capable of diving into the water to rescue a child who falls overboard. This is a dangerous misconception. Under many circumstances, an adult may not notice a child falling overboard right away. Some children will not surface immediately. Many rivers and lakes have murky water and it is often difficult to locate a child. This is especially true when a boat or vessel is in motion.

How can parents assist children in this endeavor? The coast guard recommends adults always wear life jackets as well. This is not only to keep themselves safe but to demonstrate safe behavior for their children. Boaters should never operate a boat while under the influence of alcohol. Boaters should always wear life jackets and require their passengers to wear life jackets as well. Additionally, a boat safety course provides boaters with additional information on how to keep safe out on the water.

Continue reading "CHICAGO BOATING ACCIDENT LAWYER HIGHLIGHTS SAFETY RULES" »

The weather is warming up in Chicagoland as spring has finally arrived. With the warmer weather comes an increase in outdoor recreational activities, including boating. Boating is a lot of fun, but it can also be extremely dangerous. As a Chicago personal injury lawyer, I have represented many people injured in boating accidents. It is imperative that boat operators do not drink and drive and that the U.S. Coast Guard Rules are followed to avoid collisions between watercraft.

According to the U.S. Coast Guard, alcohol is the leading contributing factor in boating accidents; in 2007, alcohol was listed as the leading factor in 21% of the boat-related deaths.

Sadly, on the evening of Easter Sunday, a tragic boating accident occurred near St. Augustine, Florida, that took the lives of five people and seriously injured seven others. The Florida Fish and Wildlife Conservation Commission (FWC) is leading the investigation into this tragedy. According to FWC investigators, a 22-foot boat with 12 people on board struck the the rear and right side of a 25-foot tugboat. In 2007, collisions between boats accounted for 1,329 of the boating accidents reported to the U.S. Coast Guard. These collisions resulted in 66 deaths and 953 injuries.

Continue reading "BOATING ACCIDENT LAWYER ENCOURAGES SAFE BOAT OPERATION" »