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" »

Fourth of July and fireworks may seem to go hand-in-hand, but the hard truth is that fireworks are dangerous and can be deadly. A recent statement by the Consumer Product Safety Commission (CPSC) hits home:

Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal," said CPSC Chairman Inez Tenenbaum. "Only use legal fireworks and follow CPSC's tips to ensure your holiday remains festive and safe.

The attorneys and staff at the Law Offices of Jeffrey J. Kroll wish everyone a safe and fun Fourth of July weekend. Parents should not allow children to play with or light fireworks under any circumstances. According to the CDC, a third of individuals injured by fireworks are under the age of 15. Even sparklers pose a danger, since they burn at temperatures near 2,000 degrees. Never allow a small child to use sparklers unattended.

Here are some additional safety tips from the CPSC:

Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.

Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.

Never try to re-light or pick up fireworks that have not ignited fully.

Never point or throw fireworks at another person.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light fireworks one at a time, then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.

Make sure fireworks are legal in your area before buying or using them.

Continue reading "FIREWORKS CAN BE FATAL" »

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.

As a parent, someone who grew up on the southside, and someone who fights for justice, I was sickened by today's news story about the water in Crestwood being tainted for decades with dangerous dry-cleaning chemicals. The saddest part is that it appears the water was used despite the knowledge that it was tainted. Consider the lengths some people go to to feed their children organic foods and use natural cleaning products in an effort to protect their children and themselves from dangerous chemicals. As a society, we support researchers, read books about superfoods, take vitamins and consider all that we can do to prevent cancer. Yet, city officials in Crestwood were allegedly supplying their constituents with chemical-laden water. People in Crestwood - not knowing the danger - have been using that tap water everyday to quench their thirst, make their morning coffee, boil their pasta and make their kids a pitcher of frozen orange juice. The list is endless. For the people of Crestwood, the use of that water was unavoidable and a part of their everyday life.

A new study reports that prescription drugs used to treat depression, high blood pressure, seizures and other ailments are turning up in fish caught downstream from a Chicago sewage treatment plant. Little is known about the potential effects of drugs in the water on people and wildlife, but scientists and regulators are becoming increasingly concerned about long-term exposure, even at low levels.

The study, performed by researchers from Baylor University in Waco, Texas, reported similar findings near sewage plants in Dallas, Orlando, Philadelphia and Phoenix. These findings echo earlier testing that found pharmaceuticals in the drinking water of Chicago and other American cities. Prescription drugs end up in drinking water and fish when people take medicaitons and the residue passes through their bodies and into the sewers. Conventional sewage and drinking water treatment filters out some substances, but several studies have found that small amounts are able to pass through nevertheless. The drugs are then absorbed by fish and accumulate in livers and other tissue.

As more studies report pharmaceuticals in drinking water and in wildlife, regulators are reversing their long-held advice that people should flush unused or old drugs down toilets.

In early December, the City of Chicago announced plans that it would be cutting back on plowing the city's streets, especially the side streets, in an effort to save money and decrease the amount paid in overtime.

This change in plans is a victory in favor of public safety. "This was public safety, and we screwed up bad," said Ald. Thomas Allen (38th), Transportation Committee chairman. " I'm not criticizing the attempt to make a change, but the attempt was a big flop, and now we are back to reality."

Neglecting to remove the snow is a recipe for disaster. Even when the roads are plowed and salted, snowy weather conditions can wreak havoc for motorists. This morning's snowfall caused a number of crashes on area expressways. Numerous crashes were reported on the Kennedy, Stevenson and Eisenhower Expressways. In northwest Indiana, state police said there were several crashes along Interstate Highway 65 in Newton and Jasper Counties.

Continue reading "CITY OF CHICAGO REVERSES SNOW PLOWING DECISION" »