Chicago Personal
Injury Attorney Blog

In Illinois, personal injury lawyers are dedicated to seeking justice for individuals who have been injured.  In negligence claims, the subject of proximate cause and intervening cause arises frequently.  In this post, these terms will be defined and explained in greater detail.

Proximate cause is the initial act which sets off a natural and continuous sequence of events, leading to an injury.  Without this initial act which led to an injury, no injury would have resulted.  A Chicago personal injury attorney describes it as “Anytime you act, you start a series of natural and continuous events to occur.”  For example, when you swing your arm with a ball, you release it and it may then roll down a hill.

Responsibility for injury does not always lie in the initial act.  The last negligent act that produces the injury leads to fault.  If an individual picks up the ball that rolled down the hill and throws it into a window, breaking the glass and then injuring someone else, that individual is responsible for the injury, and this act becomes the proximate cause of the injury.  If you threw the ball initially, you should not be held responsible for any injuries from the glass being broken, explains an Illinois personal injury lawyer.

An intervening cause occurs when one act, or a failure to act alters the natural and continuous series of events that follows.  According to a Chicago personal injury attorney, when an intervening cause is present, the natural chain of events changes and the initial individual of proximate cause may be relieved of the responsibility for an injury that is produced.  In the previous example, the stranger picking up the ball and then throwing it through a window is an intervening cause.  The intervening cause then releases you from responsibility for injury.

If you are suffering from a personal injury, Illinois personal injury lawyers are dedicated to protecting your rights and seeking out proper compensation.

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Anyone who has suffered a personal injury often face many hardships while seeking restitution.  Many individuals avoid pursuing legal action due to the difficult and often disheartening road.  If you have been injured, and feel another person or institute is partly or fully responsible in Illinois, personal injury lawyers are imperative.

Obtaining an early consultation with a Chicago personal injury attorney immediately after the injury or accident is crucial.  A committed firm possessing both support teams and financial resources can turn what may seem like an impossible road to a journey worth taking.  A successful conclusion is the primary goal of Illinois personal injury lawyers.

Medical expenses, time off work, permanent or short-term disabilities and pain and suffering can lead to financial hardship.  Many injured individuals are forced into low settlement agreements.  These unfair agreements are the result of defense attorneys and insurance companies carefully manipulating your actions and words along with facts of your case and your rights.  Illinois personal injury lawyers will work to protect your rights and to obtain fair compensation.

Chicago personal injury attorneys strongly believe that justice is a right, not a privilege.  They have each client’s best interest in mind and do not want to settle quickly out of court for reduced compensation.  Settlements out of court can reduce a firm’s resources spent yet often provides unfair compensation.

If you have been the victim of an injury in Illinois, personal injury lawyers are prepared to fight for your rights regardless of the time and costs involved.  The road to fair compensation can feel defeating without a skilled and experienced lawyer on your side.

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In Illinois, brain injury lawyers have represented many victims of brain injuries that occurred as the result of another party’s negligence.  Brain injuries can be life-altering and devastating to an individual and his or her family.  In this post, Chicago personal injury attorneys will discuss five common myths of brain injury recovery.

The first myth is the concept of “recovery.”  Many illnesses or injuries are temporary; however, brain injury victims rarely “recover.”  Significant and/or permanent damage is highly likely.  Continually expecting recovery can be disappointing and frustrating.  Becoming aware of new limitations, accepting the limitations and formulating new goals are crucial to rehabilitation.

The second myth is “Recovery occurs in a year.”  Many physicians tell patients and their families that the first year will determine how much recovery will take place.  In reality, the duration of improvement varies due to the severity of the brain injury according to Illinois brain injury lawyers.  The major brain healing may occur in the first year but true rehabilitation may just be starting.

The third myth involves the concept of plateau.  Many brain injury victims and their families are told that recovery begins, gradually increases, slows down and then plateaus.  Many patients stop working on rehabilitation at the sign of the first plateau. Plateaus can be interrupted even years after the initial injury.

Chicago brain injury attorneys describe the fourth myth as the “Lourdes Phenomenon” which involves miraculous healing.  Many families believe that a miracle will happen after a brain injury and their loved one will recover completely.  Believing this myth can lead to trying every available program and therapist.  Many individuals do make significant gains, but this myth can lead to unrealistic expectations.

The fifth myth is “Normal IQ.”  Many psychologists will examine an individual with a brain injury and find the IQ to be average, therefore stating the client is “cognitively recovered.”  This myth can misrepresent client’s deficits and create unrealistic expectations.   An IQ score can be average even if an individual is performing in the superior range on some tasks yet be severely impaired on others.  Other individuals who may have scored very high on an IQ test prior to the injury may now score average.  Illinois personal injury lawyers also stress that IQ tests have little relation to the mental processes required for everyday functioning.

These five myths of brain injuries can give false hope to individuals and their families.  If you have been the victim of a brain injury, contact a Chicago personal injury attorney today with experience in brain injury claims today.

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Thousands of individuals become paralyzed due to spinal cord injuries throughout the United States.  In Illinois, spinal cord injury lawyers are dedicated to pursuing justice for individuals who are victims.  Paralysis can be life altering and can affect an individual physically and emotionally for life.

Spinal cord injuries occur when a traumatic event results in damage to cells within the spinal cord or severs the nerve tracts that relay signals up and down the spinal cord.  If the injury occurs as the result of another party’s negligence, Chicago spinal cord injury attorneys can help.

Severe spinal cord injuries often cause a person to become paralyzed.  He or she loses control over voluntary movement and muscles of the body.  Lack of reflex function and a loss of sensation occurs below the point of injury.  Autonomic activity such as breathing, bowel and bladder control can be affected.  Secondary medical problems can result, sensitivity to stimuli, muscle spasms and sexual dysfunction.  At this time, no cure exists for spinal cord injuries.  New research is developing proving that repair and regeneration of the spinal cord is possible.

Paraplegia is when an individual suffers from the loss of sensation and movement in the legs and part or all of the trunk.  Quadriplegia is when an individual is paralyzed from the neck down. Complete injuries result in a complete loss of function and sensation whereas incomplete injuries result in a partial loss.   Chicago personal injury attorneys explain that complete injuries don’t always mean the cord has been severed.  Complete and incomplete spinal cord injuries can occur in paraplegia and quadriplegia.

Paralysis is life-alterting and can be devastating to an individual.  If you have been paralyzed and have questions about pursuing legal justice, contact an Illinois spinal cord injury attorney today.

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A Class Action lawsuit can occur when one or more individuals file suit on behalf of other people who have the same complaint.  Many class action lawsuits arise from complaints resulting from a defective product or unfair business practice explains a Chicago personal injury attorney.

A Class Action lawsuit finds strength in numbers.  Often thousands of people will be involved in a single case.  Employee groups often form a single party when filing a suit against a company they work for.  An Illinois personal injury lawyer states, “Vital to any Class Action is the strength and experience of the firm that represents the Plaintiffs.”

Several factors are generally present in class action lawsuits.  Even though one person may file a Class Action lawsuit, the individuals potentially affected by the harmful product or illegal practice must exceed one.  In addition, all individuals within the class must share common injuries or complaints according to a Chicago Class Action attorney.

A Consumer Protection Class Action is the most common type of case involving a “class” or group.  These cases involve those who violate State and Federal laws that protect consumer rights.  Examples include faulty services, misleading advertising, contract violations and scams.  These lawsuits generally involve:

• Telephone providers
• Internet providers
• Insurance companies
• Credit card companies
• Manufacturers of defective products

If you would like more information on Class Action lawsuits or how to proceed with a claim, contact an experienced Chicago personal injury attorney today.

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Chicago personal negligence attorneys represent individuals who have been injured as the result of another party’s negligence.  Negligence is a legal term meaning “carelessness that leads to an injury.”  The following examples describe negligent behavior:

• If a construction site does not provide 100% fall protection, the general contractor may be found negligent
• If an individual drives through a stop sign and hits your car he or she can be found negligent
• If a landlord fails to fix a safety hazard and you are injured, he or she may be found negligent

Illinois personal injury lawyers further describe negligence as the “doing of something or the failure to do something that an ordinary person would do under similar circumstances.”  Negligence cannot exist without “duty.”  To be found negligent, the party must owe you a duty.  Generally, the duty owed is a duty of reasonable care or ordinary care and the law determines who owes a duty to another.

In Illinois, personal negligence lawyers list the following people that owe the general public a duty of reasonable care:

• Business owners
• Landlords
• Physicians
• Manufacturers
• Automobile operators
• General contractors
• Airlines
• Railroad employers
• Riverboat employers
• Lawyers

In the state of Illinois, if the jury finds the Plaintiff more than 50% at fault, the Plaintiff will lose the case unless an individual is injured at work explains a Chicago negligence attorney.  At work, negligence does not need to be proved.  The employer is automatically liable for any injury.

If you have been injured and believe it is due to negligence from another party, contact an Illinois personal injury lawyer promptly.  Insurance companies will have investigators working on the case immediately; therefore, having a dedicated Chicago personal injury attorney on your side from the beginning will help ensure you have a successful case.

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Traumatic brain injuries can be devastating and can alter the course of an individual’s life.  Diagnosing traumatic brain injuries is crucial to determining the proper course of treatment.  In this post, Chicago brain injury attorneys will discuss how diagnosing occurs in victims of traumatic brain injuries.

Anyone who has suffered a traumatic brain injury is usually brought to an emergency room for initial diagnosis and treatment.  Vital signs are assessed and stabilized, life threatening injuries identified and treated, and the diagnosing of the brain injury begins explains Illinois brain injury lawyers. 

X-rays, CT scans or MRI scans are generally conducted to determine if any skull bones are fractured or if bone fragments have penetrated the brain tissues.  A neurological evaluation is performed to look for hematomas or elevated intracranial pressure.  A detailed medical history is necessary to identify any prior psychological treatment, previous injuries, any existing seizure disorders or substance abuse.  The individual is asked a number of simple questions and given simple commands.

Physicians generally use the Glasgow Coma Scale to determine the patient’s degree of consciousness, determine the severity and predict his or her chance for recovery.  The Glasgow Coma Scale measures the patient’s ability to move, speak and open his or her eyes.  The lower the total score, the less chance a person has for complete recovery.  The Glasgow Coma Scales is posted below:

Eye Opening

4 = Responds spontaneously
3 = Responds to voice
2 = Responds to pain
1 = No response

Best Motor Response

6 = Follows commands
5 = Localizes to pain
4 = Withdraws to pain
3 = Decorticate (produces an exaggerated posture of upper extremity flexion and lower extremity extension in response to pain)
2 = Decerebrate (produces an exaggerated posture of extension in response to pain)
1 = No Response

Best Verbal Response

5 = Oriented and converses
4 = Disoriented and converses
3 = Inappropriate words
2 = Incomprehensible sounds
1 = No response

If you or a loved one has been the victim of a brain injury in Chicago, personal injury attorneys will help fight for justice and proper compensation.  Traumatic brain injuries can be devastating and life-changing.  You need the support of a qualified and experienced Illinois brain injury lawyer on your side if another party was at fault for your injury.

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Traumatic brain injuries may be difficult to diagnose for many symptoms and signs are not immediate.  If you have received a minor or major blow to the head, Illinois brain injury lawyers strongly recommend seeking immediate medical treatment.  An individual does not have to be knocked out or fall into a coma for devastating complications to occur following a head injury.

Symptoms and signs of brain injuries depend on which structures in the brain are damaged.  Chicago brain injury attorneys list the following common symptoms and signs associated with traumatic brain injuries:

• Dizziness
• Headache
• Anxiety
• Blurry or double vision
• Nervousness
• Behavioral changes
• Impulsiveness
• Irritability
• Depression
• Slurred or slowed speech
• Sleep difficulties
• Sense of spinning or vertigo
• Seizures
• Lack of coordinated movements
• Feeling light headed
• Difficulty swallowing
• Difficulty concentrating
• Loss of memory
• Muscle spasms or stiffness
• Tingling, pain or numbness
• Weakness in facial muscles
• Weakness on one side of the body
• Weakness in one or more limbs

This list only includes potential signs and symptoms of a brain injury.  They can develop long after the initial injury occurred.  Illinois personal injury lawyers are dedicated to pursuing justice for individuals suffering from brain injuries as a result of negligence.  If you are experiencing any of these symptoms contact an experienced Chicago brain injury attorney immediately.

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Traumatic brain injuries can be devastating and can fill victims with fear about their future health condition.  In this post, Illinois brain injury lawyers will offer potential questions to ask your doctor if you have been the victim of a TBI.   It is extremely important to learn as much as possible about head injury prevention and about treatment and rehabilitation following a brain injury.  Chicago personal injury attorneys recommend printing out the following questions and presenting it to your doctor.

1. What area(s) of the brain have been affected by the injury?
2. What are the stages of progression with this brain injury?
3. What kind of head injury do you believe has occurred?
4. Is the injury life threatening?
5. Is the injury mild, moderate or severe?
6. What kind of diagnostic tests and imaging tests will be conducted?
7. How is the severity of the injury evaluated?
8. What is the Glasgow Coma Scale and what does it indicate?
9. What are complication signs and what should I do if I develop any?
10. What are the long-term effects with head injuries?
11. Can this brain damage cause a cascade of events in the brain?
12. How likely is bleeding or swelling in the brain after this injury?
13. Is the brain damage diffuse or focal?
14. What are the initial effects of brain damage?
15. What should I do if additional symptoms develop?

Brain injuries can be a traumatic experience.  If you have been injured as the result of another party’s negligence, Chicago brain injury attorneys with extensive experience can help.  The road after an injury can be unknown and tumultuous; therefore, having a competent Illinois personal injury lawyer on your side is crucial.

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Chicago brain injury attorneys have been highlighting information about brain injuries in the last couple of posts.  In this post, common questions surrounding traumatic brain injuries will be answered.  Brain injuries can have serious complications and can even lead to death.  Illinois personal injury lawyers are dedicated to providing justice for individuals suffering from a brain injury as a result of another party’s negligence.

1)    What is a brain injury?

A brain injury generally results from an external trauma such as a blow to the head.  Brain injuries may occur without physical contact to the head.  Brain damage can be at the microscopic level and can impact speech, cognition, behavior, personality, emotions and perceptions.

2)    Does a person have to be knocked out to sustain a brain injury?

No, an injury to the brain can happen without a loss of consciousness or coma.

3)    How often do brain injuries occur in the United States?

Approximately two million head injuries occur every year throughout the United States with 75,000 to 100,000 deaths as a result.  Brain injuries have become known as a “silent epidemic.”

4)    What are the main causes of traumatic brain injuries?

Motor vehicle accidents, falls, industrial accidents, sporting accidents and violent acts are the main causes of TBI.

5)    How is a brain injury diagnosed?

If major damage occurs such as a hemorrhage, swelling or contusions, a CT scan or MRI will show the injury.  If the damage is microscopic, the diagnosis must be made as a result of the history from the patient and his or her symptoms.

6)    Why are TBI often called “mild?”

Nothing is ever “mild” about a traumatic brain injury; however, when a person does not lose consciousness, the injury may be referred to as mild.

7)    What are symptoms of traumatic brain injuries?

Symptoms may vary among people and may include a change or loss of consciousness, dizziness, headaches, memory impairments, visual disturbances, speech disorders, disorientation, balance difficulties, impaired judgment, disorientation, language and learning deficits, fatigue, anxiety, depressions and hearing and vision impairments.  These symptoms are only examples of the wide range of symptoms that can occur.

If you or someone you love is suffering from a brain injury, contact a Chicago personal injury attorney with experience in traumatic brain injuries.  Symptoms of a brain injury can occur long after the initial injury.  Illinois brain injury lawyers are dedicated to helping victims of TBI recover losses from this traumatic injury.

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