Chicago Personal
Injury Attorney Blog

It’s been said that Duragesic pain patches are killing more than just the pain.  Duragesic is the trade name of a “fentanyl transdermal therapeutic system”. This pain relieving patch delivers powerful drugs (fentanyl) through the skin over several days.  Up to one hundred times more potent than morphine, this medication is responsible for hundreds of deaths. In Illinois, personal injury lawyers have represented numerous cases of severe injury and death related to Duragesic patches.

Designed to release fentanyl slowly through the skin, one patch may provide 72 hours of pain relief. Unfortunately, say Chicago personal injury attorneys, a design flaw has caused some patches to leak fentanyl into the body much faster than the body can absorb it, causing deadly side-effects.  The FDA recently launched an investigation of over 120 deaths assoicated with the patch.

Fentanyl is an opioid pain medication, typically used to treat severe intractable pain (such as that from cancer). However, doctors have become far more likely to prescribe it for less serious afflictions such as migraines, surgical pain and back pain. The increase in usage has certainly contributed to an increase in serious incident, Chicago personal injury attorneys say. Though you may not have heard much about it on the news lately, patients continue to suffer frightening and potentially deadly side effects from overdose of this powerful and highly addictive narcotic.

If you or a loved one have been injured or experienced severe side effects due to a Duragesic pain-relieving patch, please contact an experienced Illinois personal injury lawyer immediately.

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Asbestosis seems like a worry from the past. One would assume our modern culture has all but eliminated the threat of illness due to exposure. But Chicago Personal Injury Attorneys say Asbestosis (which is a chronic inflammatory medical condition affecting the lungs, occurring after long-term, heavy exposure to asbestos) and Mesothelioma are still real threats for hundreds of thousands of people, as well as an actual death sentences for many others.

OSHA estimates 1.3 million employees face significant asbestos exposure on the job. Illinois personal injury lawyers who regularly represent these cases say the heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition. Workers may also be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

There is no effective treatment or cure for asbestosis.

Past and present uses of asbestos:

• Cement Pipes Laboratory Hoods/Table Tops Elevator Brake Shoes
• Cement Wallboard Laboratory Gloves HVAC Duct Insulation
• Cement Siding Fire Blankets Boiler Insulation
• Asphalt Floor Tile Fire Curtains Breaching Insulation
• Vinyl Floor Tile Elevator Equipment Panels Ductwork Flexible Fabric Connections
• Vinyl Sheet Flooring Caulking/Putties Cooling Towers
• Flooring Backing Adhesives Pipe Insulation (corrugated air-cell, block, etc.)
• Construction Mastics (floor tile, carpet, ceiling tile, etc.)
• Wallboard Heating and Electrical Ducts
• Acoustical Plaster Joint Compounds Vinyl Wall Coverings
• Decorative Plaster Spackling Compounds High Temperature Gaskets
• Textured Paints/Coatings Roofing Shingles Roofing Felt
• Ceiling Tiles and Lay-in Panels Base Flashing Thermal Paper Products
• Spray-Applied Insulation Fire Doors Electrical Cloth
• Blown-in Insulation Electrical Panel Partitions Fireproofing Materials
• Taping Compounds (thermal) Packing Materials (for wall/floor penetrations)
• Electric Wiring Insulation Chalkboards

If you were exposed to asbestos on the job in Chicago, personal injury attorneys can help. Contact an Illinois personal injury lawyer who specializes in asbestos exposure cases today.

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In Illinois, personal injury lawyers who specialize in Workers Compensation claims can help you understand your rights according to Illinois law. In this week’s special feature, our Chicago personal injury attorney answers your questions about Workers’ Comp.

Question: “My employer wants me to seek workers’ comp treatment through the company doctor. I’d prefer to see my own doctor. What are my legal rights?”

Chicago Worker’s Comp Attorney: “In Illinois, you have the absolute right to choose your own doctor for treatment. There are limits to the number of doctors you can choose. We call this the “two doctor rule.” But, it really means more than two doctors. It really means two referral chains; in other words, you have a right to choose any doctor of your own choice, plus any number of doctors that your physician refers you to. In addition, you have the right to choose an entirely separate doctor, plus any number of physicians this second doctor refers you to.

“Beyond that, if you wish to choose a third doctor, your employer is not responsible for payment to that third doctor unless the employer agrees to do so.

“The employer does have the right to have you examined by its doctor. That has to be at a reasonable time and place, and they do have to pay you the cost of travel to attend the examination. There is a difference between examination and treatment. They cannot force you to receive treatment from the examining doctor that they’ve hired.

“Sometimes injured workers in Illinois choose to treat with the company doctor, and you are certainly within your rights if you choose to do so. But an employer certainly cannot compel you to treat with the doctor that they’ve chosen.”

For more information, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers can help you understand the complicated guidelines of Illinois Workers Compensation.

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Airbags were designed to save lives and in most cases, they do. However, airbag deployment can also be potentially dangerous to vehicle occupants. According to experts, airbags deploy at speeds up to 200 mph and exert well over 1000 pounds of force, the entire process of inflation and deflation occurring in less than one second. The injuries they can cause, however, may last a lifetime.

Airbags were designed to deploy in the case of severe, front-impact collisions, and have undoubtedly saved thousands of lives over the past 50 years. But as technology advances, airbag systems and sensors (and the algorithms and computers that control them) have become increasingly more complicated, which has resulted in far too many malfunctions and manufacturer defects.

Illinois personal injury lawyers say serious injuries from airbags are likely to occur from late deployment or inadvertent deployment at low speeds - meaning passengers who may otherwise have been unharmed during an accident find themselves victim to injury. Conversely, many injuries may occur from non-deployment. Thus, legal cases surrounding airbag injuries are difficult to prosecute because it often takes multiple experts to determine whether or not an airbag should have deployed (involving many complicated scientific and engineering principles). This is why it is crucial a competent Illinois personal injury lawyer who specializes in auto products liability cases become involved on behalf of the injured.

If you or a loved one were seriously injured due to defective airbag, you should contact a Chicago personal injury attorney immediately. In the state of Illinois, personal injury lawyers who focus on auto products liability cases will be an invaluable ally for your case.

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According to Illinois personal injury lawyers who specialize in auto accidents, a side impact collision can often be more hazardous than a head-on crash. Unlike a head-on collision, where the front of the car (or “crumple-zone”) can absorb a great deal of the impact, if you’re hit from the side, there are only several inches of door and glass separating you from the oncoming vehicle.

The Department of Motor Vehicles (DMV) reports that 10,000 deaths a year (about 25%) occur as a result of crashes to the side of the car. Due to these alarming statistics, auto manufactures have begun including side impact airbags in most of their new cars.

But Chicago personal injury attorneys explain that although side air bags can help (that is, if they work properly), they still offer little protection in a serious broadside crash. And they offer almost no protection against head injuries at all (a leading cause of death in side impact collisions). NHTSA, the National Highway Transportation Safety Administration, estimates that in side-impact crashes involving at least one fatality, nearly 60 percent of those killed have suffered brain injuries.

All vehicles on the road today must pass the government’s side impact standard, but Illinois personal injury lawyers who represent many of these cases say the standards are outdated. For one thing, the government only uses a dummy representing an average size male, which doesn’t register head injuries. And, its test only looks at what happens when similar size vehicles collide.

Unlike front air bags, side air bags are not required by NHTSA, even though studies show that if all the vehicles on U.S. roads were equipped with proper head protection side air bags, 700 to 1,000 lives would be saved per year in side impact crashes. Because they are not required safety equipment, the federal government does not mandate that vehicles be equipped with side air bags.  In Chicago, personal injury attorneys are hoping to see this change as promised by the year 2013.

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Injuries from auto accidents can be devastating. While many times severe injuries can be obvious – such as broken bones – some injuries are not so easy to diagnose. In these cases, victims often rely on a Chicago personal injury attorney to help prove the extent of their injuries and true cost of medical treatment and recovery.

Soft tissue injuries, which are common in auto accidents, are often minimized by insurance company lawyers and even some Illinois personal injury lawyers as insubstantial, insignificant, vague in nature, difficult to diagnose, and not worthy of compensation due to limited expenses and treatment options, as well as the unknown factor of recovery.

Soft tissue injuries can include whiplash, muscle strain, muscle spasms, myofascial pain.

Since surgery is not an option, the medical expenses alone are commonly low, and most often comprised of physical therapy, occupational therapy and pain management. The nature of this type of injury, however, should not be measured by medical costs alone; a fact often overlooked by insurance companies and many lawyers.  Some Illinois personal injury lawyers are reluctant to take on such cases especially when the client has returned to work in spite of pain and complications.

A major factor is that unlike a broken bone, soft tissue injuries cannot usually be diagnosed through traditional x-rays, but the pain and suffering — as well as loss of normal life — are real. The attitude of insurance company lawyers is simply: if you can’t see it, it (the injury) doesn’t exist …or at least you can’t prove it.

But today, today, Pain Management physicians use advanced technology and comprehensive evaluations to both diagnose and manage the painful affects of soft tissue injuries.  A competent Chicago personal injury attorney can utilize these advancements to help victims suffering from soft tissue injuries to obtain the compensation they truly deserve.

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Nothing is more heartbreaking to a parent than when a child is injured.  However, accidents happen, and at times they are due to the carelessness or negligence of another, and justice must be served.

If your child was injured in an accident for which you are seeking restitution, there is a good chance you will be very emotionally connected to the case. You will need a dedicated Illinois personal injury lawyer to help your child receive the compensation she deserves.

It is important to understand how a settlement works in the case of a minor. If you live in or around Chicago, personal injury attorneys can help you fully understand the options available. When a child’s case settles, most states require that the money is placed into a fund that can only be distributed once the child reaches age 18.  This applies to a “lump sum” settlement.

Some Chicago personal injury attorneys recommend a different avenue in the case of an insurance settlement: have the defendant’s insurance company purchase an annuity which will pay your child compensation at the age you select (the minimum still being age 18). Thus, you gain more control. This is a great alternative because your child will earn tax-free interest at a much higher rate. Make sure the annuity is from a triple-A rated company.

If your child has suffered an injury at the fault of someone else, contact an Illinois personal injury lawyer who specializes in these types of cases. He will help you best protect the interests of your child.

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INJURED AT PHYSICAL THERAPY 

Illinois personal injury lawyers specialize in Worker’s Comp cases and can answer virtually any legal question you may have. The following is an answer to an interesting question from one of our readers:

“While in physical therapy for a work-related back injury, a weight machine broke causing new injuries to my neck and shoulder. Are my new medical bills covered by workers’ comp?”

Chicago Personal Injury Attorney: “It’s not unusual for someone to be injured during physical therapy while recuperating from a work injury. What’s important is that the physical therapist documents the fact that there was an accident or injury during the physical therapy. Now, in the facts that you described, a machine broke, so it would be very hard to deny that something happened. As long as there is a direct causal chain, linking your current condition of ill-being with the original work injury, there should be no problem getting those injuries covered.

“In addition, [based] on these facts, it’s quite possible that you might have an entirely separate lawsuit against either the manufacturer of the machine for creating an unreasonably dangerous or defective product, or perhaps against the people who maintained or repaired that machine, if they did it negligently. Now that would be an entirely separate lawsuit which would entitle you to a trial by jury, and full compensation for things like pain and suffering, mental anguish, full wage replacement – things you don’t necessarily receive in a worker’s compensation case.”

If you have questions about a Workers Compensation case in Illinois, personal injury lawyers can assist you. For more questions answered by a Chicago personal injury attorney, visit our “Ask an Attorney” audio feature.

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Construction injuries can be among the most devastating in any industry. Work sites are often rife with hazards, and when seriously injured, tradesmen risk losing their entire career.  Chicago personal injury attorneys are compassionate toward those in the labor industry, and fight aggressively for just compensation.

Some Illinois personal injury lawyers have refused to represent clients due to the nature of their claim, or because the Defendant involved. Some have even told potential clients their case will “take too long to settle” or that the company is “too large to sue successfully.” These claims are bogus. If you were injured on a construction site and face losing your job or possibly your entire career, you shouldn’t be intimidated by the type of trial you will have to face. If you deserve compensation, you will need a competent Chicago personal injury attorney by your side.

Our Illinois personal injury lawyer says “There is no such thing as a case that will take too long to settle, or a company who is too large to sue.  That should not be the basis for which you decide whether or not to pursue justice.”  He explains that the larger the company, the easier it should be to receive proper compensation, since they are more likely to have proper insurance and sufficient funds to cover such a circumstance.

The only reason not to file a claim would relate to the validity of a claim.  An experienced Chicago personal injury attorney can help you evaluate whether your case warrants a jury trial according to the laws of the state.

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Elements of a Jury Trial

According to Chicago personal injury attorneys, juries tend to favor defendants in premises liability cases. They will rarely believe a plaintiff solely on his or her testimony. This is why it is vital to document the scene of an injury as well as possible, to help prove your case. In Illinois, personal injury lawyers can offer strong advice on how to best collect evidence in support of your case.

We’ve learned that premises liability (or unsafe premises) cases can be among the most difficult to win in a jury trial. A major point that any person must prove in order to prevail in a premises injury claim is called notice. The owner must have notice that the condition existed before he or she will be found liable. In other words, your Illinois personal injury lawyer must show the jury that the owner or possessor of the property or the general contractor knew or should have known of the unsafe condition.

While the Defendant may have a duty to exercise reasonable care for your safety, the jury will be instructed that you have the same duty. The Defendant normally accuses the Plaintiff of not keeping a proper lookout, not asking his union steward or foreman to change the job conditions and/or not attempting to prevent the accident.

Under Illinois law, jurors will subtract from any jury verdict the percentage of fault that they attribute to the Plaintiff. For example, if you have a $300,000 jury verdict and the jury finds you to be 50% at fault, they will reduce the verdict to $150,000.

Jury trials can be complicated. If you were injured as the result of an unsafe condition, you should contact Chicago personal injury attorney who specializes in these types of cases in Illinois. Personal injury lawyers can help you obtain just compensation according to the law.

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