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" »

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" »

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" »

The Chicago school liability attorneys at the Law Offices of Jeffrey J. Kroll have read the disconcerting report that two Chicago high school football coaches and four players have recently been charged with hazing a 14-year-old Chicago boy at Prosser Career Academy. The incident, which occurred on October 18, was captured on video by one of the coaches. The video reportedly shows players on the Prosser Career Academy's varsity football team beating the 14 year-old boy with belts on school property. The coaches -- Tom Cipriani, 47, and Jonathan Manning, 20 -- two 17-year-olds and two 18-year-olds have all been arrested and charged with misdemeanor battery. The coach who videotaped the incident was also charged for doing so.

While some of the other players claim that the incident was "horseplay," the school liability attorneys at the Law Offices of Jeffrey J. Kroll know that incidents of hazing and bullying, like the October 18th Prosser Career Academy incident, should not be considered children's play. Bullying and hazing are widespread problems, which can lead to physical and emotional injuries.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property may be eligible 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 radio host Karen Conti for a segment on her radio show,“Legally Speaking”, broadcast by Chicago Superstation WGN (AM 720). Jeff and Karen discussed bullying and hazing and how parents and schools can handle this problem in our society.

Continue reading "CHICAGO SCHOOL LIABILITY ATTORNEY DISCUSSES PROSSER CAREER ACADEMY HAZING INCIDENT" »

Jeffrey J. Kroll was interviewed by award winning attorney and host Karen Conti for a segment on “Legally Speaking” on Chicago Superstation WGN (AM 720). The show airs on Sunday nights from 8-9pm. Jeff’s segment will air on Sunday, October 23rd, from 8:30 – 9:00pm. Karen and Jeff discussed Bullying and Hazing and how parents and schools can handle this problem in our society.

As Chicago school injury attorneys, we zealously advocate on behalf of our clients, including those who are victims of a school's negligence. A National Center for Education Statistics study found that nearly a third of students age 12-18 have reported that they had been bullied in school at one time or another.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property may be eligible for a personal injury lawsuit if they can show the school, college or university failed to take reasonable steps to prevent the incident. The subject of school immunity often comes up when dealing with lawsuits against schools since Illinois does generally provide teachers and other certified educational employees with limited immunity from negligence actions if evidence of willful and wanton conduct does not exist. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). However, 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. Willful and wanton means 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).

The Chicago school injury attorneys at the Law Offices of Jeffrey J. Kroll read a recent CNN article, Bully-proofing your kids, which explores ways parents can "strengthen their children before the bullying starts." Here are some of the tips discussed in the article:

(1) Start early. Get your child to understand the difference between "thinking, feeling and action." For example, ask a child about good events that happened to them to develop a sense of feelings about events versus the actual event. Then, ask the child about good things that happened to someone else. Once they understand the difference, ask them about something that did not work out so well for the child and for someone else. This will help children understand the connection between cause and effect, positive and negative behaviors.

(2) Develop a sense of self. Parents must understand the kind of person that their child is. Encourage children to be "themselves" and not to be impressed by their friends' every whim. It is also important to teach children to be confident. Find something (academics, sports, music, dance) that gives your child confidence.

(3) Encourage courageous behavior. Teach children to speak up if someone is being bullied. Raise your child with the courage to do what is right.

(4) Look in the mirror. Parents must monitor their own behavior, and instill a peaceful approach to problem-solving. Children will mirror your behavior.

(5) Develop overlapping circles. Parents should encourage children to participate in after-school activities, where they can make friends outside of the classroom or school setting. Helping children find what they are good at is a huge confidence builder and can have life-long positive benefits.

(6) Develop physical confidence. It can't hurt to engage in physical activity and build a child's physical strength. This can be a great self-esteem booster for some children.

(7) When you find out your child is the bully. No one wants to find out that it is actually their child who is doing the bullying at school. However, there are ways to stop bullying by getting to the root of the problem, whether it is at school or home, and encouraging good behavior.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY ON PROTECTING YOUR CHILD FROM BULLIES" »

With children back to school for nearly a month now, many families have adjusted to new schedules and have come to terms with cooler temperatures as fall-like conditions quickly hit the Chicago area. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll believe that now is as good of a time as any to review safety measures with children of all ages. The Chicago Accident and Injury Lawyer Blog recently discussed Heather A. Begley's tips on bus safety. We have also found the following tips from the Consumer Product Safety Commission (CPSC) that should be reviewed by parents, caregivers and students:

1. Children who ride bikes or scooters to school should wear a properly fitted helmet while riding. Helmets that have already been involved in an accident must be discarded.

2. With that said, children should not wear helmets while playing on playgrounds as they can become attached to playground equipment and cause strangling.

3. In the same vein, remove drawstrings from your child's hooded jacket, or "hoodie," to prevent strangulation injuries. Also remove drawstrings from the waist line. "CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents."

4. CPSC has recommended that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death. Illinois has recently enacted Zach's law, which requires all moveable soccer goals made or sold in Illinois to be tip-resistant.

Continue reading "IT'S NOT TOO LATE TO REVIEW BACK-TO-SCHOOL SAFETY TIPS" »

Chicago personal injury lawyer Heather A. Begley regularly contributes to the Irish American News in her column Safe Home. Heather has been an associate at the Law Offices of Jeffrey J. Kroll since the personal injury firm's inception. She has been actively involved in the recovery of over $12 million in verdicts and settlements in personal injury matters at the firm.

In this her recent article, "Board the Bus Safely," Heather discusses the importance of safety and the school bus. Children, even middle-schoolers and teens, must be reminded of safety rules around buses. Sadly, children can be injured by their own school buses if the driver fails to see them. Parents and children should plan to arrive at the bus stop several minutes before pick up, keeping a safe distance from the curb (at least 6 feet). Read Heather's bus safety article for more safety tips.

Heather A. Begley is known to be an up-and-coming leader in Personal Injury and Wrongful Death law. She was recently named one of the "40 under 40 Illinois Attorneys to Watch" by the Law Bulletin Publishing Company. As a guest columnist for the Irish American News, she writes about tips for keeping your home safe, drawing from her professional and personal experiences.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the Chicago Sun-Times for featuring an article recognizing the dangers of concussions in youth sports and the new concussion rules that govern Illinois schools. With the start of school and fall sports like football and hockey jolting into high gear, parents and school officials must take precautions to protect children and teens from concussions.

The Sun-Times writes:

"According to the U.S. Department of Health and Human Services, children account for 90 percent of hospital emergency room visits for sports-related concussions.
***
Concussions — brain injuries from a bump, blow or jolt to the head — can occur in any recreational activity, even sports considered non-contact, according to the Centers for Disease Control and Prevention. And complications can occur in both the short-term and long-term, including headaches, dizziness, mood changes and death."

Illinois is one of the 21 states that have established concussion rules for student athletes. The law includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

The key to preventing concussions and keeping children safe is education. Parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON PREVENTING YOUTH CONCUSSIONS" »

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" »

"School bullies and children who are disruptive in class are twice as likely to show signs of sleep problems compared with well-behaved children, new research shows." Parker-Pope, The School Bully is Sleepy, June 2, 2011.

Over three hundred Michigan elementary school children were recently studied by way of collecting data on their sleep habits and behavioral issues via parents and teachers. The study, published in the journal Sleep Medicine, revealed "an association between sleep problems and bad behavior." As a parent, I am well aware of this connection. Ms. Parker-Pope of the New York Times' Health Blog, Well, reported that "other research has also found an association between behavioral problems and sleep apnea, a sleep disorder characterized by snoring and gasping for breath."

The Illinois school liability attorneys at the Law Offices of Jeffrey J. Kroll have experience representing students that have been bullied, harassed, hazed or otherwise physically or emotionally injured. We have represented a number of students that have been victims of bullying or hazing.

We know the physical and emotional damages that students suffer as a result of bullying or hazing. This conduct must be stopped.

The Law Offices of Jeffrey J. Kroll has recently been retained by an individual that was hazed and bullied at a local college fraternity. Hazing, in its simplest form, is bullying or harassment where the victim (here a college student) participates in either an active or passive manner in order to gain acceptance to a group. Our client sustained significant physical injuries as a result of the hazing.

Bullying and hazing are not just kids' play. They are serious and widespread problems. For more information on recognizing the signs of bullying visit www.Stopbullying.gov.

The Illinois personal injury attorneys at the Law Offices of Jeffrey J. Kroll have experience representing students that have been bullied, harassed, hazed or otherwise physically or emotionally injured. We have represented a number of students that have been victims of bullying or hazing.

At the Law Offices of Jeffrey J. Kroll, we zealously advocate on behalf of our clients, including those who are a victim of a school's negligence. School bullying was the topic of a two-day summit in Washington, D.C. in August. The summit was attended by government officials, superintendents, researchers, corporate officials, and students. The goal of the summit was to formulate a national plan to reduce and ultimately end bullying.

A recent study by the National Center for Education Statistics found that just under a third of students age 12-18 reported that they had been bullied in school. An earlier study found that the harassment most often came in the form of "being made fun of" and "being the subject of rumors."

Bullying in the 21st Century is not limited to school, but extends outside the classroom and especially on the internet. Cyberbullying, as it is known, has become more and more common among school age children. It ranges from sending mean, threatening or vulgar messages, to posting sensitive or private information or photographs of another person online. Earlier this year, a 15 year-old girl, Phoebe Prince, committed suicide after being bullied relentlessly at her high school and online by several other students. For many, including school administrators, it was a shocking wake-up call that bullying is a serious threat to be dealt with.

Jeffrey J. Kroll is a tireless advocate for injured children in all types of cases, including school liability. He can be contacted at 312-676-7222. Learn more about Jeffrey J. Kroll and the Law Offices of Jeffrey J. Kroll by viewing his website.

The first day of school for many children attending Chicago Public Schools is September 7. It is always a good idea for parents and caregivers to refresh their memory with safety tips for transporting children to and from school. The American Academy of Pediatrics provides the following useful information:

School Buses
If your child’s school bus has lap/shoulder seat belts, make sure your child uses one at all times when in the bus. If your child’s school bus does not have lap/shoulder belts, encourage the school to buy or lease buses with lap/shoulder belts.

Wait for the bus to stop before approaching it from the curb.

Do not move around on the bus.

Check to see that no other traffic is coming before crossing the street.

Make sure to always remain in clear view of the bus driver.

Children should always board and exit the bus at locations that provide safe access to the bus or to the school building.

Cars
All passengers should wear a seat belt and/or an age- and size-appropriate car safety seat or booster seat.

Your child should ride in a car safety seat with a harness as long as possible and then ride in a belt-positioning booster seat. Your child is ready for a booster seat when she has reached the top weight or height allowed for her seat, her shoulders are above the top harness slots, or her ears have reached the top of the seat.

Your child should ride in a belt-positioning booster seat until the vehicle's seat belt fits properly (usually when the child reaches about 4' 9" in height and is between 8 to 12 years of age). This means that the child is tall enough to sit against the vehicle seat back with her legs bent at the knees and feet hanging down and the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the thighs, and not the stomach.

All children under 13 years of age should ride in the rear seat of vehicles. If you must drive more children than can fit in the rear seat (when carpooling, for example), move the front-seat passenger’s seat as far back as possible and have the child ride in a booster seat if the seat belts do not fit properly without it.

Many crashes occur while novice teen drivers are going to and from school. You should require seat belt use, limit the number of teen passengers, do not allow eating, drinking, cell phone conversations or texting to prevent driver distraction; and limit nighttime driving and driving in inclement weather.

Bikes
Always wear a bicycle helmet, no matter how short or long the ride.

Ride on the right, in the same direction as auto traffic.

Use appropriate hand signals.

Respect traffic lights and stop signs.

Wear bright color clothing to increase visibility.

Know the "rules of the road."

Walking to School
Make sure your child's walk to a school is a safe route with well-trained adult crossing guards at every intersection.

Be realistic about your child's pedestrian skills. Because small children are impulsive and less cautious around traffic, carefully consider whether or not your child is ready to walk to school without adult supervision.

If your children are young or are walking to a new school, walk with them the first week to make sure they know the route and can do it safely.

Bright colored clothing will make your child more visible to drivers.

In neighborhoods with higher levels of traffic, consider starting a “walking school bus,” in which an adult accompanies a group of neighborhood children walking to school.

The Law Offices of Jeffrey J. Kroll wishes all students a safe, productive and fun school year.

On a beautiful day like today, there is nothing better than being outside with your family, visiting a park or a playground. Of course, you must try to keep an eye out for safety hazards that could lead to serious injuries or death. The Center for Disease Control and Prevention reports that each year in the U.S., emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries.

Safe Kids USA provides the following playground safety tips:

- Avoid playgrounds with asphalt, concrete, grass, dirt and soil surfaces under the equipment. Instead, visit playgrounds with sand, gravel, wood chips, mulch or shredded rubber under playground equipment.

- If there are any hazards in a public or backyard playground, report or fix them immediately and do not allow children to use the equipment until it is safe.

- Prevent unsafe behaviors like pushing, shoving, crowding and inappropriate use of equipment.

- Ensure that children use age-appropriate equipment.

- Remove hoods and neck drawstrings from children’s outerwear. Never allow children to wear helmets, necklaces, purses, scarves or clothing with drawstrings while on playgrounds.

If you or someone you know was injuried at a playground due to the negligence of another, please fill out the consultation form or call us at (312) 676-7222. The attorneys at the Law Offices of Jeffrey J. Kroll will consider your particular situation and help you decide whether to file a personal injury.

School bus drivers are responsible for transporting our precious cargo every day. School bus companies should ensure that their drivers are fully trained and capable of performing their job.

Jeffrey J. Kroll, was quoted in a April 2010 School Transportation News article titled, "The Cost of Hiring the Wrong Bus Driver." The article focuses on the costs associated with hiring ill-trained bus drivers, such as injury to students and others, increased liability and dissatisfaction among the school community. Jeff emphasized the need to fully train and properly select drivers to ensure that they are operating and managing the bus safely. Further, if there are any concerns, get rid of the driver.

Continue reading "SCHOOL BUS LIABILITY ATTORNEY URGES BUS COMPANIES TO ENSURE THAT THEY HIRE AND RETAIN SAFE DRIVERS" »

Today, a school bus driver was charged with sexually assaulting a mentally challenged student before driving her home on March 24, 2009. The school bus driver, Antonio Ross, was ordered held in lieu of $50,000 bail this afternoon. The victim, who was 17 at the time, was a student at South Central High School.

Ross is an employee of Jewel’s Bus Company, which is headquartered at 1035 W. 111th St. in Chicago.

In our society, we entrust our children to school bus drivers, teachers, coaches and other adults. We trust that these individuals will care for and respect our kids. This intentional act of violence by a person who was in a position to provide safety to children is devastating. More extensive investigation and background checks of bus driver employees should be conducted before allowing them access to operate a school bus.

School children in Chicago and throughout the country may be at risk in certain school buses equipped with unsafe materials. Nearly 2,000 unsafe school buses, which are primarily used to transport disabled children, are out on the road, despite the knowledge of the problem. Some problems include seat backs that fail to meet strength requirements and seat belt anchors that may also detach from the floor or wall.

After involvement from the National Highway Safety Transportation Authority (NHTSA), a New York company named Transportation Collaborative Inc. (TCI) agreed to notify customers this month that the small buses have parts that must be recalled. TCI alleges that a different company, U.S. Bus Inc., is to blame for manufacturing the faulty bus parts, which were sold from 2001 to 2007. NHTSA officials maintain that TCI and U.S. Bus are essentially the same company with different names.

Continue reading "UNSAFE SCHOOL BUSES ON THE ROAD" »

Spinal cord trauma, paralysis, concussion, traumatic brain injury, headaches and head trauma are all types of injuries caused by cheerleading accidents listed in the National Center for Catastrophic Sport Injury Data Tables. The data was collected between the Fall of 1982 and the Spring of 1998 and contains summaries of the injuries. While the report contains many guidelines and suggestions for improving cheerleading safety, the sad statistic is that cheerleading injuries resulting in hospital emergency room visits have increased to nearly 30,000 in 2008, which is almost six times the number of injuries in 1980, according to the Chicago Tribune who cited a report by the U.S. Consumer Product Safety Commission.

Continue reading "CHEERLEADING INJURIES ON THE RISE: CHICAGO SPORTS INJURY ATTORNEY URGES IMPROVEMENTS IN SAFETY MEASURES AND TRAINING" »

The Law Offices of Jeffrey J. Kroll filed a complaint in the Circuit Court of Cook County, along with attorney, Steven Greenberger, on behalf of Plaintiff, Dennis Connolly, as Father and Next Friend of Christopher Connolly, a Minor, on Monday, August 17th.

Christopher Connolly suffered a life-altering injury on February 28, 2007 due to an unfortunate series of events, including allegations of hazing, which were all under the control of Defendant, St. Ignatius College Prep. As a first-year student at St. Ignatius College Prep, Connolly was participating in junior varsity water polo practice when several St. Ignatius students allegedly threw pool equipment and snowballs at him at a St. Ignatius coach's direction. Another agent of St. Ignatius told Connolly to "get in" the pool as they were throwing the objects at him. Connolly dove into the pool, collided with the bottom, and is now a quadriplegic. Prior to this incident, Connolly had been nicknamed "Flounder" by his swim team coach, which was intended to be a derogatory nickname.

The Law Offices of Jeffrey J. Kroll have successfully handled spinal cord injury cases and sports injury claims, including a $12.5 million dollar settlement for a 17-year-old football player who was rendered a quadriplegic when he came into contact with a metal pole adjacent to a football practice field.

Athletic facilities should provide safe, functional equipment and can be liable if a patron is injured on their premises. Organizations, teams or individuals can similarly be liable should an athlete be injured on a playing field, court or arena.

For more on this story, please see the following links:
St. Ignatius Sued for Student Pool Injury
Family Sues St. Ignatius Over Hazing Incident
Paralyzed teen's parents sue Chicago school over alleged hazing
Click here to view the complaint.

Cheerleading causes more serious injuries than other sports.

Researchers have long known how dangerous cheerleading is, but historically, records were poorly kept. An update to the record-keeping system last year found that between 1982 and 2007, there were 103 fatal, disabling or serious injuries recorded among female high school athletes, with the vast majority (67) occurring in cheerleading. The next most dangerous sports: gymnastics (nine such injuries) and track (seven).

Recently, the National Center for Catastrophic Sports Injury Research at the University of North Carolina at Chapel Hill released its 26th annual report on the topic. The latest figures are from the 2007-2008 academic year for college and high school sports, male and female. The report defines catastrophic injuries as any severe or fatal injury incurred during participation in the sport.

The new numbers are for the 26-year period from the fall of 1982 through the spring of 2008:

- There were 1,116 direct catastrophic injuries in high school (905) and college sports (211).
- High school sports were associated with 152 fatalities, 379 non-fatal injuries and 374 serious injuries. College sports accounted for 22 fatalities, 63 non-fatal injuries and 126 serious injuries.
- Cheerleading accounted for 65.2 percent of high school and 70.5 percent of college catastrophic injuries among all female sports.

Fortunately, the number of cheerleading injuries fell slightly in the 2007-08 academic year. Hopefully, an increase in awareness and safety measures will continue to decrease the number of injuries related to cheerleaders and high school and college athletes, in general.

Continue reading "CHICAGO SPORTS INJURY ATTORNEY CAUTIONS CHEERLEADERS TO INCREASE SAFETY IN THEIR SPORT" »

I remember watching the news and learning of the tragic death of actress, Natasha Richardson. After hearing of her death, I kept asking myself the same question: do all head injuries need medical attention, even ones that seem minor?

In most cases, it is pretty clear when someone needs medical attention after a head injury. They are often confused, they are extremely agitated. They may be dizzy. Some could have even been unresponsive. The scarier scenario is what doctors call the “talk and die” scenario, where someone seems fine, only to die hours or days later. The "talk and die" scenario occurs with various kinds of brain injuries. In the case of epidermal hematomas, blood pools in the area between the lining of the brain and the skull. This fluid continues to build up in a contained space, creating pressure. In that scenario, essentially, something has to give. Unfortunately, it turns out to be the brain. If you do not get that person to the hospital immediately to have the appropriate surgery to drain the fluid, it will most likely be fatal. So what should be done for someone suffering from a head injury?

1. Look for dizziness, vomiting, confusion or headaches. If an injured person has one of these signs, take them to the emergency room.

2. Look for changes in the person’s behavior. If a person suddenly becomes sleepy within the first 8 to 12 hours following trauma to the head, it may mean that parts of the brain responsible for staying awake are experiencing pressure from a bleed.

3. Vigilance. Keep an eye on someone that has hit their head. This is especially true even if they have not lost consciousness.

4. Be on alert if someone has been drinking, is elderly or young. It could be difficult to distinguish brain-injured behavior from drunken behavior. Similarly, you need to be extra vigilant when dealing with an elderly person or young athletes.

5. Go to an emergency room. You want to go to a trauma center that has a neurosurgeon present or on call. One can find this out by looking on the map from the American Trauma Society.

When in doubt, err on the side of being conservative and seek treatment.

Continue reading "CHICAGO ACCIDENT LAWYER ANSWERS THE QUESTION: WHEN SHOULD YOU GO TO THE EMERGENCY ROOM " »

Methicillin-resistant Staphylococcus aureus (MRSA) is on the rise among children. MRSA used to be primarily contracted in a hospital setting; however, now its prevalence is on the rise in community-based settings. Nationwide Trends in Pediatric Staphylococcus aureus Head and Neck Infections, a study published in the Archives of Otolaryngology-Head and Neck Surgery, shows that from January 2001 to December 2006 there was a 16.3 percent increase in the percentage of resistance for all pediatric head and neck S. aureus infections.

Good hygiene helps reduce the spread of infection. Suggestions include:

• Wash hands thoroughly with soap and water or use an alcohol-based hand sanitizer.

• Cuts and scrapes should be cleaned and covered with a bandage until they heal.

• Avoid contact with other people's wounds.

• Avoid sharing personal items such as towels or, for older teens and adults, razors

Research shows that the number of cases is increasing at alarming rates. Part of the problem is an increased resistance to the antibiotics used to treat MRSA. Doctors are also recognizing and testing for MRSA more often.

The infection usually starts with red bumps resembling pimples. The site can become swollen.

A 10-year old boy died after he was found hanging from a hook in a bathroom at his school in the Evanston/Skokie School District. School officials have not given his mother an explanation for what they have described as an accident.

The fifth grade student was found unresponsive and hanging from a hook in a bathroom at about 3 p.m. on Tuesday. He died Wednesday morning at Children's Memorial Hospital in Chicago. Police and school officials have provided little information, but autopsy results were expected this afternoon.

My deepest condolences go out to the family and friends of this young boy. This is a devastating tragedy. As one school board member noted, "No one anticipates the death of their child when they send their kid to school." This horrific accident likely could have been prevented and it is my hope that nothing like this will ever happen again in the future.

Continue reading "ILLINOIS BOY DIES AFTER BEING FOUND HANGING IN SCHOOL BATHROOM" »

The Wisconsin Supreme Court held Tuesday that high school cheerleading is a contact sport, meaning its participants cannot be sued for accidentally causing injuries. This ruling was the result of a lawsuit brought by a former high school cheerleader who sued a teammate for failing to stop her fall while practicing a stunt. The varsity cheerleader fell backward off the shoulders of another cheerleader and suffered a serious head injury. As a consequence of this ruling, the injured former cheerleader can sue neither the teammate, nor the school district.

The primary issue in the case was whether cheerleaders qualify for immunity under Wisconsin state law that prevents participants in contact sports from suing each other for unintentional injuries. The law does not specify which sports are "contact sports." The Wisconsin Court of Appeals held that cheerleading did not qualify as a contact sport since there is no contact between opposing teams. The Wisconsin Supreme Court, however, disagreed and unanimously decided to overturn the Court of Appeals decision, reasoning that there is a significant amount of physical contact between the cheerleaders themselves.

This ruling, which is applicable to Wisconsin residents only, is both a good thing and a bad thing. It is good in that it protects students and school districts from facing lawsuits for accidental injuries. This means that students (and their parents) can play sports without fear that they might get sued if they accidentally break someone's arm in a basketball game or injure someone on the football field. It is bad in that it leaves the injured student with potentially no recourse. For families in a financial bind, medical bills that mount up could mean financial ruin. Immunity laws are in place to serve the greater good, but unfortunately at the expense of someone who has been injured.

Continue reading "WISCONSIN SUPREME COURT RULES CHEERLEADING A CONTACT SPORT" »

On every level, it seems that the current economy is wreaking havoc on consumers. The latest cuts include busing services for students. Now, it is our children who will suffer the consequences of this latest cost-cutting measure.

The reduction of school bus service means more danger on the roadways and potentially higher risks for students walking home from school. In a report on CNN, Mac Dashney, a consultant with the Pupil Transportation and Management Institute opines that for every bus that you take off the road, which would normally carry between 65 and 77 passengers, you are adding 30 to 40 more cars on the road.

A 2007 Congressional report outlined the risks of taking children off of school buses. The report states that 12.5 million students took 5.5 billion school bus trip between 1995 and 2005. Of those trips, there were 1,368 fatal crashes, 97 of which involved a bus driver or bus passenger. Conversely, the death toll among student who attend school by other means was 40 times higher.

In addition to an increased risk of being involved in a car crash, there is an increased risk for students who are walking home from school. According to the U.S. Center for Disease Control (CDC), child pedestrians are at higher risk for injuries than adults for several reasons:
kids' smaller size make them more difficult for drivers to see, kids have less ability to judge distances and speeds and kids have less understanding of traffic rules and the right-of-way.

Student safety should be the top priority. Dashney says that options for saving money on transportation without cutting service include privatizing bus service, renegotiating contracts, increasing property taxes and charging parents for bus service.

Continue reading "SCHOOL BUS SERVICE CUTS COULD LEAD TO MORE DEATHS" »

A judge in Huntley, IL has found school bus driver, Julieta Clinton, guilty of reckless conduct and child endangerment after she intentionally slammed on the brakes to throw children from their seats. Ms. Clinton entered a plea deal in which she did not admit guilt. She could face up to a year in prison when she is sentenced on April 3, 2009.

McHenry County prosecutors say Clinton was driving 54 youngsters, ranging in age from 5 to 10, to school last April when she became frustrated with their alleged unruly behavior and braked hard twice. One youngster was treated at a hospital and 18 others were treated at the scene.

Continue reading "MCHENRY COUNTY BUS DRIVER GUILTY OF RECKLESS CONDUCT" »

The threat of nut allergies has lead many schools to put precautions into place to protect students from potential harm. Unfortunately, a doctor from Harvard believes that the measures amount to “epidemic hysteria.” Dr. Nicholas Christakis recently published an article entitled “This Allergy Hysteria is Just Nuts,” BMJ 2008; 337. According to Dr. Christakis, the threat of a nut allergy has created a “cascade of anxiety” in otherwise healthy people prompted by fears of contamination. He believes that the nut allergy is also fueling anxiety among parents. Unfortunately, Dr. Christakis beliefs and opinions could not be further from the truth.

Over 3 million Americans are allergic to peanuts or tree nuts. Over two thousand children and adults are hospitalized due to nut allergies. One hundred fifty people die from food allergies each year.

Guidelines issued by the National School Boards Association, the Food Allergy and Anaphylaxis Network and the National Association of School Nurses do outline steps that parents and schools can take to reduce the risk of serious allergic reactions... and death.

In the fall of 2002, the Commonwealth of Massachusetts issued guidelines for schools to provide children with life-threatening food allergies a quality education in a safe environment. It is important for schools to take this issue seriously.

First, parents should:

• Notify the school about a child’s food allergies;
• Provide written medical documentation of the allergies to the school;
• Provide medications and replenish them as often as necessary;
• Educate their child about safe and unsafe foods; and
• Review procedures with school staff, the school nurse and the child in the event of a
reaction.

A school must do the following:

• Create a food allergy action plan;
• Be aware and follow applicable laws addressing food allergies;
• Review health records of allergic students;
• Create a team to establish a prevention plan;
• Ensure that all medications are stored properly;
• Educate all individuals who will come into contact with the child about food allergies; and
• Enforce a “no eating” peanuts or tree nuts policy on school buses.

Despite such a clear and obvious plan, a recent study suggested that food allergy action plans may be lacking in many schools. In a survey of elementary and middle school nurses in Greenville, South Carolina, forty percent (40%) did not have an food allergy action plans for at least half of their allergic students.

If one were to listen to Dr. Christakis, the nut allergy in students is far-fetched and is creating some type of anxiety in our society. Is it far-fetched? Is it ridiculous? I do not think so. In fact, ask a family member of one of the 150 people who died from a food allergy or one of the parents of a child that was afflicted with a nut allergy and hospitalized, whether their concerns are far-fetched... I doubt it.

Continue reading "SCHOOLS FACE POTENTIAL LIABILITY FOR NUT ALLERGIES" »