Chicago Accident and Injury Lawyer Blog

As Illinois personal injury attorneys, we must stay up to date on new laws at all times. Effective January 2012, Illinois legislatures have added over 200 new laws affecting Illinois citizens. WSILTV.com published a list of the new laws. Here are a few that could impact the rights of personal injury victims:

Motorcycle Red Lights (HB 2860/PA 97-0627): This new law permits motorcyclists, who are stopped at a red light, "to proceed through the light if, after waiting a reasonable length of time, the red light fails to change to green."

Seat Belts (HB 219/PA 97-0016): The Chicago Accident and Injury Lawyer Blog reported on this one in July of 2011. Illinois's new seatbelt law requires even adult passengers sitting in the back seat of a moving vehicle to wear a seat belt. The law also requires individuals 18 and younger, who happen to be riding in a taxi cab for school-related purposes, to wear a seat belt.

Smoke Detectors (HB 1398/PA 97-0447): This law requires "hotels to be equipped with at least one smoke detector within 15 feet of every room that is used for sleeping purposes." Hopefully, this law will help prevent fires that cause serious burn injuries and wrongful death.

Uninsured Driving (HB 2267/PA 97-0407): This law fixes a $2,500 fine, plus any applicable jail time, for individuals "convicted of driving an uninsured vehicle that results in bodily harm to another person," if the individual has "two or more convictions for driving an uninsured vehicle." A person convicted of third violation will be required to pay a $1000 fine, if the person has not caused bodily harm to another person.

Vehicle Occupancy Restrictions (HB 1315/PA 97-0017): The Chicago Accident and Injury Lawyer Blog also commented on this law back in July of 2011. The Vehicle Occupancy Restrictions law makes it illegal for passengers to ride in trailers, wagons and other vehicles while they are being towed on highways, with the exemption of farm-related activities and parades.

Medical Malpractice (HB 1476/PA 97-0449): This law permits the Illinois Department of Financial and Professional Regulation (IDFPR) to provide information to the public concerning complaints against doctors or medical professionals. The law will help patients more thoroughly research the doctors and medical professionals who treat them.

Continue reading "OVER 200 NEW LAWS ADDED TO ILLINOIS'S BOOKS" »

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" »

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll were very sad to hear the news of the stage collapse tragedy at the Indiana State Fair over the weekend. Many meteorologists have commented on the cause of the stage collapse, since videos of the incident have captured swirls of dust flying across the stage around the time of the collapse. Some meteorologists have opined that the area was struck by a "gustnado," which is a short burst of wind that can happen in open fields before a thunderstorm. The winds at the Indiana fairgrounds on the night of the incident were estimated around 60-70 mph. Experts are not, however, convinced that the "gustnado" caused the incident. In fact, WBBM's Steve Miller reported that "a Chicago architect says even gusts that high shouldn't have been enough to cause the stage to fall." The same Chicago architect evaluated the photo and video images of the collapse and could not see lateral supports for the stage, with the evidence pointing to improper building and support of the stage as a cause of the incident. Five people were killed in the incident, including a Chicago woman, and more than 40 others were hurt. Structural engineers at Thornton Tomasetti, Inc., are officially investigating the cause of the incident.

Continue reading "CAUSE OF INDIANA STAGE COLLAPSE TO BE INVESTIGATED BY STRUCTURAL ENGINEERS" »

The Chicago Tribune reported that the Illinois legislature has voted to keep summer construction going at full speed despite Governor Quinn's threat to discontinue construction projects for political reasons. "Under the measure, millions of dollars in road, school and sewer projects will continue as planned", the Tribune reported.

It is of the utmost importance to drive slowly in construction zones. Construction zones pose serious dangers to construction workers and motorists. They are particularly dangerous for workers due to the risks created by distracted and speeding motorists and commercial truck drivers.

Commercial truck drivers who become distracted by engaging in text messaging, emailing or phone conversations present a particularly dangerous risk to construction workers. According to the Federal Motor Carrier Safety Association (FMCSA), in 2009, over 3,000 individuals were killed in accidents involving large trucks and buses. Many of these death occurred as a result of commercial truck driver fatigue.

Anyone injured by a motorist or truck driver -- either while driving or as a pedestrian -- and/or the family members of anyone killed in an accident may sue the negligent driver for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. As with all personal injury claims, it is important to know that there are statutory time limits for filing an accident-related lawsuit. Contact a knowledgeable personal injury attorney immediately to become more informed of your rights.

Continue reading "SUMMER CONSTRUCTION ON ILLINOIS ROADS" »

Construction zones are particularly dangerous for workers due to drivers being distracted and speeding. The personal injury attorneys at our law firm urge you to drive safely in construction zones. Sadly, a flagman from Orland Park, Illinois was killed in a construction zone on the evening of Wednesday, September 10, 2010 near Robinson, Illinois. A truck driver struck the flagger in a work zone on Illinois 1.

Tragically, the flagger was running from the truck and was headed for a ditch when he was struck, according to the Illinois State Police.

The truck driver was cited for the following: (1) failure to reduce speed to avoid an accident and (2) failure to stop for a flagger in a construction area.

The Law Offices of Jeffrey J. Kroll filed a lawsuit today against Hulcher Services, Inc. alleging negligence in a December, 2008 rail yard incident wherein Plaintiff, Michael Haddix, sustained serious injuries causing him to lose all five toes on his left foot.

At the time of the incident, Haddix, a trainmaster, was a 16-year veteran with the Belt Railway Company of Chicago. At the rail yard, two train cars were locked together when a pin lifter on the coupling became jammed. Hulcher Services, Inc. brought in a hi-rail crane to uncouple the train cars. The crane was improperly supported and shifted causing Plaintiff's severe injuries.

Continue reading "CRANE INJURY ATTORNEY FILES LAWSUIT ON BEHALF OF INJURED RAILROAD WORKER" »

For the first time in Illinois, the findings of the Illinois Department of Transportation's bridge inspections can be viewed online. The data found in the website reveals details about the deficient state of many of Illinois's bridges. Most glaringly, a part of the Congress Parkway Bridge over the Chicago River received the lowest possible rating for a span allowed to remain in service.

Chicago Tribune transportation writer, Jon Hilkevitch, recently wrote a telling article about the state of bridge safety in Illinois. The article reported that of the 26,276 total bridges in Illinois, 4,393 have been ranked as structurally deficient (supposedly safe, but no longer able to hold the weight for which they were originally designed) and/or functionally obsolete (not meeting current design standards).

Over the next six years, Illinois plans to spend roughly $2.5 billion on bridge rehabilitation and the construction of new bridges. The funds will come from a new state capital improvement plan as well as federal stimulus packages. The Illinois Department of Transportation (IDOT) has allocated approximately $25 million to rehab the Congress Parkway Bridge, beginning next year and running through 2015.

Federal regulations require bridges to be inspected every 48 months. Federal bridge inspection regulations were developed as a result of the Federal-Aid Highway Act of 1968, which required the Secretary of Transportation to establish National Bridge Inspection Standards to ensure the safety of the traveling public. The IDOT website provides information on state-maintained bridges only. It does not include any data on the more than 18,500 bridges under the jurisdiction of municipalities, townships, counties, the Illinois State Toll Highway Authority or the Chicago Skyway.

A 9-year-old boy was tragically killed this past Tuesday after being crushed under a front-end loader of a Bobcat at a construction site on the south side of Chicago. The boy's father was converting a three bedroom flat into a condominium and had been performing work at the site for weeks. Witnesses had seen the boy and his brother at the site with their father on a number of occasions.

The boy was riding on a Bobcat when the tractor hit a pile of dirt causing the boy to be thrown from the cab of the front-end loader. The Bobcat then fell over onto the boy, crushing him. The boy was rushed to the University of Chicago's Comer Children's Hospital where he was pronounced dead.

My most heartfelt condolences to this family.

Spectators at a Fourth of July fireworks show in Merrillville, Indiana, were injured on Saturday night when a pedestrian bridge collapsed as thousands of people were leaving Hidden Lake Park. The bridge, which is reported to have had the capacity to handle 40 people, had twice as many people on it at the time of the collapse. Although the Merrillville Police Department positioned officers at either end of the bridge to control crowds, a rush of people leaving the Park after the show may have contributed to the bridge collapse.

The structural integrity of the bridge is also under suspicion, as a preliminary investigation revealed a cracked foundation in one of the bridge's steel supports. Investigators will review the bridge's construction and inspection records before making a final determination.

It is reported that between 50 and 120 adults and children fell about ten feet into the lake below the bridge when it collapsed. Rescuers pulled frantic injured swimmers from eight-foot deep waters. Approximately 25 injured people were treated at hospitals with the most serious injuries known to be a fractured collarbone and a broken leg.

Hidden Lake Park's Annual Fourth of July Celebration attracts over 15,000 visitors over a two-day period. Hidden Lake Park is part of the Ross Township Park System. The Park, which was temporarily closed after Saturday's tragedy, re-opened earlier this week.

Safety is extremely important on construction job sites. Unfortunately, five people were recently hospitalized while working on a 65-foot column of reinforced steel rods that collapsed at a McCarran International Airport construction site in Nevada. The five people were trapped underneath the wall for an unspecified amount of time. All five were pulled alive from under the rubble and rushed to the hospital.

Continue reading "CHICAGO CONSTRUCTION INJURY ATTORNEY URGES SAFETY ON JOB SITES" »

A Chicago Park District worker died after falling into a sewer on the city's southeast side this past Tuesday. The 59 year old man was doing maintenance work in Mann Park when the accident happened.

Police are still investigating the accident. An autopsy report is pending.

My condolences to the family and friends of this man.

A severe thunderstorm in Dallas on Saturday knocked down an air-supported, metal frame canopy that covered the Dallas Cowboys' practice field. About 70 people, including more than two dozen of the team's rookies, were in the facility when it was blown down.

A total of 12 people were injured in the incident, including Rich Behm, a scouting assistant, who suffered a broken back, leaving him permanently paralyzed from the waist down. Cowboys special teams coach Joe DeCamillis fractured a cervical vertebra and Greg Gaither, an assistant trainer, suffered two broken bones in his leg.

Cowboys owner Jerry Jones said in a statement that "Rich is a courageous member of our family and someone for whom we care deeply. We ask for all friends and fans of the Dallas cowboys to join us in embracing him and his family with their thoughts and prayers at this very difficult time."

The Illinois Supreme Court issued an opinion last week on a case involving four ironworkers who plummeted from a collapsed platform to a river below. One of the four men died in the accident.

The four men worked for Midwest Foundation Corporation, a construction company that had entered into a joint venture with Halverson Construction Company, Inc. to repair the McCluggage Bridge over the Illinois River in Peoria. Under the Illinois Workers' Compensation Act, an injured employee may not sue his employer for injuries sustained on the job. Instead, an injured worker must file a workers' compensation claim against his employer. The workers and their survivors collected workers' compensation benefits from Midwest, and then attempted to sue Halverson and the joint venture.

Unfortunately for the ironworkers and their families, the Supreme Court has decided that their case may not proceed. Justice Karmeier, writing on behalf of the Court, concluded that the same immunity afforded to Midwest, the workers' employer, must also be afforded to Halverson and the joint venture because both Halverson and the joint venture are "agents" of Midwest. Under the Illinois Workers' Compensation Act, an employee may not sue the agent(s) of his employer. The court found that Halverson was an agent because it was Midwest's partner and partners are agents of both the partnership (or in this case, the joint venture) and of one another for purposes of the busienss. Similarly, the court found that the joint venture was also shielded by the Workers' Compensation Act because, according to the terms of the joint venture agreement, the joint venture was ultimately responsible for payment of the workers' compensation insurance premiums. As such, the ironworkers may not recover for their injuries from either Halverson or the joint venture. Their exclusive remedy is workers' compensation benefits.

Justice Kilbride filed a dissenting opinion with which I agree. Justice Kilbride highlighted the fact that neither Halverson nor the joint venture produced conclusive evidence that they paid or contributed to the workers' compensation premiums before the accident. Allowing Halverson and the joint venture, neither of whom appear to have paid anything toward the injured employees' workers' compensation benefits, to nevertheless invoke the Workers' Compensation Act's immunity to escape tort liabiltiy for the employees' injuries is like letting them collect lotto winnings without ever buying a ticket. It's unfair for them to shield themselves with a law that is intended to protect employers who have PAID premiums for insurance. If neither of these entities have contributed to the payment of these premiums, why should they get the protection the law affords?

Continue reading "ILLINOIS SUPREME COURT DECIDES 2000 BRIDGE DEATH CASE" »

The Law Offices of Jeffrey J. Kroll has settled a personal injury lawsuit on behalf of Donald M. Dolph, 51, for $1.1 Million. The settlement also includes waiver of a workers' compensation lien, which was in excess of $500,000. Judge Haddad in the Circuit Court of Cook County entered the settlement order on December 8, 2008.

The lawsuit arises out of the February 7, 2004 incident wherein Mr. Dolph, the union ironworker involved in the construction personal injury lawsuit, was operating a scissors lift at a warehouse project in Romeoville, IL. It was Mr. Dolph’s first day on the job site. The scissors lift, which was extended to 40 ft., fell over as it entered a 22x22x1.5 ft. excavation that was covered with snow. Mr. Dolph did not see the snow-covered excavation and fractured his left ankle and right heel bone. As a result of the severe injuries, Mr. Dolph contended that he was unable to continue working as an ironworker. The settling defendants were Kajima Construction Services, Inc. and A.A. Conte & Son, Inc.

The lawsuit alleged that the defendants should have warned Mr. Dolph of the excavation by placing barricades, marking or backfilling the excavation. If the excavation had been barricaded, this career-ending accident would not have occurred.

It is imperative that construction sites be maintained to ensure safety for all of the workers. When there are a number of trades working on a site, it may be unclear what hazards have been created; therefore, the general contractor and the creator of the hazard have to take measures to make the site safe for all of the workers.

Continue reading "CONSTRUCTION INJURY CASE SETTLED BY KROLL FOR $1.1 MILLION" »