Posted: November 28th, 2013
In a recent article in the Chicago Sun Times, it was reported that a nursing home was investigated by the Illinois Department of Public Health after an employee improperly dropped a resident off at a truck stop. According to the article, the nursing home left the resident there after he refused to submit to a background check. The Department of Public Health cited the nursing home’s parent company with improper nursing care, violation of resident rights, and an involuntary transfer. The nursing home was not fined by the Department of Public Health.
The Sad Case
According to the article, the nursing home left the patient sitting in his wheelchair outside a gas station and truck stop in Alorton. The patient had a history of diabetes and had suffered at least four previous strokes. Before leaving him the facility caregivers did not give the man any of his medication or his identification.
Background Checks on Nursing Home Residents in Illinois
Under the Nursing Home Care Act (210 ILCS 45/1–101 et seq), and the Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300), nursing homes are required to perform a criminal background check on all of their residents. The law requiring background checks for residents was specifically created to protect the safety of the residents of nursing homes in Illinois.
Involuntary Transfers and Patient Rights
A nursing home in Illinois can involuntarily transfer or discharge a patient if the facility finds that there is a danger to the safety of the patient or the safety of other patients. However, barring those unique situations, a patient at a nursing home in Illinois has the right to remain at the facility if they chose. A nursing home in Illinois may be cited for violating a patient’s rights under the Nursing Home Care Act if they involuntarily transfer a patient without giving the patient written notice of the transfer within 21 days of their departure date. A nursing home in Illinois may also be cited for violating the Nursing Home Care Act if they involuntarily transfer a patient without first preparing the patient and orienting them to make sure that the involuntary transfer is safe for the patient.
One of the most personal and important decisions that a person makes in life is where an older relative will live if they are no longer capable of taking care of themselves independently due to incapacity from old age. If you have an older relative who has experienced neglect or abuse at a nursing home in Illinois, it is important that you speak to a qualified nursing home negligence attorney to demand the quality of care your older relative deserves. If you need to speak to an attorney about a nursing home negligence case, please contact our Waukegan office at: (847) 244-0111.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Nursing Home Abuse, Nursing Home Negligence | Tags: attorney, Illinois, injury attorney, lawyer, Nursing Home Abuse, nursing home negligence, personal injury attorney in Illinois, personal injury lawyer | No Comments »
Posted: November 22nd, 2013
Whether you sustain a personal injury at work, from a car accident of some type, at the hands of another individual, or even from a dog bite, pursuing a personal injury claim is often time-consuming and difficult.
Most are aware that the civil justice system allows an injured party to recover for their losses if another person (or entity) is negligent. But far fewer are familiar with the various tangential issues are involved in these cases. One of the most important is seeking timely, medical care to document the extent of the injury.
Often at the heart of your personal injury claim is an insurance company that is going to pay for either your short-term, long-term, or permanent disability. It is in the best interest of the insurance industry to make certain that the claim is truthful and accurate as to nature, extent and potential duration of the injury. Unfortunately, this often means that the insurance company will require an examination by a physician of its choice, and, because these physicians are being paid by the insurance company, there may be questions about whether the physician’s loyalties are in the patient’s best interest. Your attorney will have dealt with this scenario in the past and you will likely be asked to see additional physicians to get different opinions as to the nature and extent of your injuries.
Remember, no matter how your personal injury came to exist, make certain to see a licensed physician to get an accurate assessment of the nature and extent of your injuries. Your attorneys can use that information to bolster your case and insure that you receive the benefits to which you are entitled. Additionally, make certain that you follow the entire suggested care regimen to further protect yourself from the potential delays that often accompany a personal injury claim. It is wise to keep some type of journal to document the pain and effects you are feeling on a day-to-day basis because some symptoms, such as generalized pain and suffering, are difficult to quantify.You truly are the only one who can describe what you are feeling.
Finally, it is important to remember to be honest about your injuries and seek out adequate representation by a licensed attorney specializing in personal injury claims. If you were injured in Illinois or if you were injured outside of Illinois but you live in the state, you should contact an Illinois personal injury lawyer as soon as feasible to ensure that your case is filed appropriately. Attorneys that work in personal injury will be able to help you navigate the quagmire that is a personal injury lawsuit and insure that you receive the necessary benefits and assistance to help you deal with the difficulties that surround a personal injury such as: loss of work, pain and suffering, medical bills, and even a loss of consortium which is a claim most often filed by the injured party and their spouse.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Medical Care | Tags: attorney, Illinois, lawyer, medical records, personal injury claim, personal injury lawyer | No Comments »
Posted: November 14th, 2013
Two CTA employees were fired in early November “as a result of a collision in September between a ‘ghost train’ that traveled on its own for almost a mile after leaving a West Side rail yard and struck a Blue Line train stopped at the Harlem station,” according to the Chicago Tribune. About 30 people were injured in the crash, which occurred in September, according to the Tribune, but none were severe. The cause of the crash was the train was left in “powered-up mode while it was in storage at the Forest Park rail yard”—the fault of a CTA switch worker who failed to turn it off. Electricity was running to the system even while no one was piloting the train. CTA spokesperson Brian Steele told the Tribune that, “the improper techniques were one of a number of circumstances that the CTA has determined contributed to the incident.”
The first lawsuit arising out of the incident was filed in early October according to Chicago CBS Local. Kim Quatch, a passenger on the occupied train, claims to have sustained various injuries from the collision and alleges the CTA carelessly and negligently operated both trains.
Forest Park Mayor Anthony Calderone told CBS Local that the CTA should have recognized that there was something wrong with the train, because “video from at least three different CTA cameras failed to detect anyone hopping on or off the out-of-service train.” Quatch’s lawsuit is for at least $50,000 in damages, according to CBS Local.
The Chicago Transit Authority isn’t alone when it comes to major citywide transportation institutions that face personal injury claims. According to The New York Times, the MTA (New York’s Metropolitan Transit Authority) receives 2.3 million complaints each year, some of which end up in court. The New York Post reports that the MTA pays out millions of dollars every year in personal injury suits against the organization—about 2,750 every year.
If you or someone you know has been injured in a mass transit crash, you may be eligible for compensation. Don’t go through it alone. Contact an experienced Chicago personal injury attorney today.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer | Tags: Chicago personal injury, compensation, crash, incident, injury, Lawsuit, mass transit, Personal Injury, personal injury attorney, personal injury lawyer, wrongful injury | No Comments »
Posted: November 7th, 2013
A new Department of Transportation study being conducted in Ann Arbor, Michigan, is hoping to find that providing more information about the cars and roads around drivers will help reduce the number of car crashes. Census data determines that there are more than 10 million automobile crashes every year. Many of the catastrophic injuries connected with these car crashes can lead to high medical bills and long recovery periods for accident victims.
The Ann Arbor study is working directly with 3,000 vehicles that track and report their locations. The $25 million project is working towards evaluation of data systems focused on “Basic Safety Messages”. These messages are transmitted to other vehicles, providing information like speed of the vehicle, to warn drivers about potential accidents.
If the car gets too close to another vehicle or starts exhibiting the signs of a distracted driver, alarms and warnings will go off in the car to alert the driver. Flashing lights, sound alarms, and vibrating seats help drivers negotiate difficult roadway experiences, such as changing lanes and verifying safety of blind spots.
Although the results of the pilot program are being examined now, the goal of the research is to determine whether the system was able to alert drivers of dangerous situations and reduce the number of accidents that might otherwise be expected in a sample group of this size. If implemented on a broader scale, the project could do wonders for making distracted drivers more aware of their behavior and to notify surrounding drivers of potentially risky situations.
Catastrophic injuries from a car accident where a distracted driver is at the wheel can change your life forever. If you or a loved one has been injured in a car accident due to someone else’s negligence, you may be eligible for compensation under the guidance of an experienced Illinois personal injury attorney.
Author: Staff Writer | Filed under: Car Accident, Lake County personal injury attorney, Lake County personal injury lawyer | Tags: attorney, distracted driving, Illinois, lawyer, negligence | No Comments »
Posted: October 29th, 2013
The $1.2 billion new San Francisco 49ers stadium has had two deaths on the construction site after a driver was killed on October 14th. The delivery driver was crushed by a rebar bundle as the bundle was being unloaded from his truck, and he passed away from his injuries at a local hospital. In June, 63 year old Donald White, an elevator mechanic, was killed when a counterweight struck him while working in an elevator shaft. These examples highlight the potential risk of dangerous construction site accidents.
Following the first death earlier this year, the Occupational Safety and Health Administration (OSHA) announced the launch of an investigation into the death. OSHA announced that their investigation after the second incident would remain ongoing, although they deemed the worksite to be safe enough to open again the day after the delivery driver passed away. OSHA commented that their investigation could take several months.
OSHA estimates that more than 130 million U.S. employees fall under the construction category, completing projects on more than 8 million worksites across the country. The federal agency, responsible for promoting safety and inspecting worksites, employs about 2,200 inspectors, meaning that approximately one compliance officer is assigned to every 59,000 construction site employees. Agency statistics point out that there are nearly 13 deaths on construction sites around the nation on a daily basis. Fatal accidents with contracted employees make up around 12 percent of all fatal work injuries. The most common reasons for fatalities on construction sites were falls, being struck by an object, getting electrocuted, and getting caught in between something.
Workers’ compensation is not the only recourse you may have if you were injured on a construction site. You may be able to get compensation from all responsible parties at an unsafe work site. Contact an Illinois construction site accident attorney today for more information.
Author: Staff Writer | Filed under: Construction Safety, Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury, Uncategorized, Workers Compensation | Tags: attorney, construction safety, Illinois, Illinois personal injury lawyer, lawyer, Personal Injury, workers comp | No Comments »
Posted: October 24th, 2013
Three people were killed in a head-on collision in Aurora in mid-October just before midnight on a Sunday night, according to the Chicago Tribune. Police hadn’t yet determined the cause for the crash, and police said that they “don’t know whether alcohol or drugs played a role,” reports the Tribune. It was a grisly crash, though, according to the report, in which two women, aged 57 and 77, were killed alongside a 28-year-old man who was the sole occupant of his vehicle. The women were riding in a Chrysler minivan when a 2007 Dodge Charger struck their van. Sgt. Kevin Convey told the Tribune that “the other five passengers in the van were taken to area hospitals, and although they suffered broken bones and serious injuries, they are expected to recover.” The van was driving south when it was struck by the Charger, traveling north, “but police were still investigating the accident and said they could not yet provide additional details.”
According to a publication issued by The Zenith, “head-on collisions are the most dangerous kind of collisions,” and an estimated 5,000 people die every year as a result of this type of crash. Defensive driving techniques can help to reduce the number of head-on collisions that occur each year, but there is nothing that drivers can do to completely eradicate the risk. “You can,” however, according to The Zenith, “increase your chances of avoiding a collision by following a few safe driving tips,” including, but not limited to:
- driving sober
- scanning the road ahead for hazards
- obeying speed limits
- staying centered in the lane of traffic
- driving in the appropriate lane when there is more than one
If you’ve been injured in an accident in which someone else was at fault, you may be eligible for compensation. While this sum won’t bring back a loved one, or necessarily allow you to recover the same mobility and health you had before the accident, it’s a good start to help you get your life back on track.
If you or someone you know has been injured in an auto accident, don’t go through it alone. Contact a dedicated Illinois personal injury attorney today.
Author: Staff Writer | Filed under: Car Accident, Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury | Tags: accident, Chicago lawyer, Chicago personal injury, crash, head on collision, injury, Personal Injury, personal injury attorney, personal injury lawyer | No Comments »
Posted: October 18th, 2013
An 18-year-old girl died in a crash in which police suspect drugs and alcohol played a role in early October, according to the Chicago Tribune. The crash, which occurred in the middle of the night, happened at the intersection of Woodlawn Avenue and 63rd Street, Chicago Police Department News Affairs Officer John Mirabelli told the Tribune. The 18-year-old, Tabria Jamron, of Washington Park, was a passenger in the fated ride, along with two others. The driver, whose name was not immediately released, is 20-years-old and is thought to have run a red light at the intersection.
A Nissan piloted by a 26-year-old man struck the Infiniti in which Jamron was a passenger. Neither the other driver nor his passenger, a 26-year-old woman, were injured. “The driver of the Infiniti was taken to Northwestern Memorial Hospital where his condition had stabilized and where he was being questioned by the police,” reports the Tribune. Though no criminal charges were yet filed, “police believe drugs and alcohol may have played a factor in the crash,” according to the Tribune.
“Young people,” according to a State University of New York (SUNY) publication, “are over-represented in driving accidents involving alcohol.” This could in part be due to the fact that a large number of young people injured in accidents involving alcohol are drinking illegally in the first place, meaning they’re not as aware of their limits as adults may be. People aged 16 to 24, according to SUNY, “were involved in 28 percent of all alcohol-related driving accidents” in a recent year, though that age demographic accounts for only 14 percent of the U.S. population. Despite this, SUNY reports that the proportion of teenagers who “consumed any alcohol within the previous month has plummeted from 50 percent in 1979 to 19 percent in 1998.” Most states (Illinois among them) now have zero-tolerance laws for underage drinking and driving, with harsh punishments that often include jail time.
If you or someone you know has been injured in an accident in which alcohol or drugs are a factor, you may be eligible for compensation. Don’t go through it alone. Contact a dedicated Chicago-area personal injury lawyer today.
Author: Staff Writer | Filed under: Car Accident, Drunk Driving, Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury | Tags: accident news, Chicago accident, Chicago personal injury, DUI, DUI attorney, Personal Injury, personal injury attorney, personal injury lawyer | No Comments »
Posted: October 9th, 2013
A spectator fell to his death from an elevated walkway at San Francisco’s Candlestick Park, while on the same day, at the Indiana Convention Center and Lucas Oil Stadium, two other spectators were injured when a railing they were leaning on collapsed.
These two incidents come just barely one month after a spectator was killed after falling over a fourth-level railing at Turner Field in Atlanta – the third death at that stadium in one year. Another spectator was injured when he fell 10 feet from an escalator at a pre-season football game in Denver.
Police say many other spectators at Candlestick Park saw the man fall from the Jamestown walkway, a bridge which spans over four lanes of traffic and goes around the stadium, onto the sidewalk shortly after kickoff. Off-duty paramedics and police officers rushed to give the 32 year-old male victim first aid until emergency responders arrived, but he was pronounced dead at the scene.
According to the Institute for the Study of Sports Incidents, there have been more than two dozen cases of spectators falling at stadiums across the country over the past ten years. Some of those incidents were deemed to be alcohol related.
Officials report that the two spectators who fell at the Indianapolis stadium appear to have escaped serious injury. Witnesses at that incident reported that the two male victims had been leaning on a railing above a tunnel leading to the visiting team’s locker room when the railing collapsed. Both landed on the hard walkway below. One of the victims was released after receiving medical attention at the stadium. The other victim was transported to the hospital for additional evaluation.
If you or a loved one has been seriously injured in an accident, contact an experienced Lake County personal injury attorney to find out what compensation you may be entitled to for pain and loss suffered.
Author: Staff Writer | Filed under: Lake County personal injury lawyer, Personal Injury, Wrongful Death | Tags: attorney, Illinois, lawyer, Personal Injury, Wrongful Death | No Comments »
Posted: October 4th, 2013
A 2-year-old girl was struck and killed by a drunk driver in mid-September on Chicago’s South Side, according to the Chicago Tribune. A 27-year-old man, Kellen E. Bledsoe, has been charged in connection with the incident, and Assistant State’s Attorney Amanda Pillsbury said at his bond hearing that Bledsoe “had a blood alcohol level of .252, more than three times the legal limit of .08,” according to the Tribune. He’s being held on $500,000 bail and has been officially charged with “reckless homicide / construction zone, aggravated DUI in an accident causing death, aggravated DUI / no valid driver’s license, driving while never being issued a license and operating a vehicle without insurance.” The 2-year-old, Ja’Mya Love, was walking to a daycare center with her great-grandmother when the accident occurred, according to the Tribune.
Ja’Mya Love “sprang from her great-grandmother’s grasp when a 1999 Chrysler Concord blew a stop sign.” After striking the toddler, the car, driven by Bledsoe, kept going. “The car then hit some construction horses before slamming into a parked car,” police told the Tribune. Bledsoe initially fled the scene on foot before being apprehended just a few moments later and taken immediately into custody.
The charges Bledsoe is now facing are felony charges, according to 2013 Illinois DUI Fact Book. He’s likely to spend a significant portion of his life in jail after the incident, and is unlikely to ever be eligible for a driver’s license again. According to AlcoholAlert.com, in 2011, there were 1,140 children aged 14 and younger who were killed in motor vehicle crashes. More than 180 of these “occurred in alcohol-impaired driving crashes.”
Bledsoe’s blood alcohol content was particularly high. The Illinois DUI Fact Book reports that a man of 170 pounds must have about four drinks in an hour to cross the legal threshold of .08. If you or someone you know has been injured by a drunk driver, you’re likely eligible for compensation. Don’t go through it alone. Contact a dedicated personal injury attorney today.
Author: Staff Writer | Filed under: Car Accident, Drunk Driving, Lake County personal injury attorney, Lake County personal injury lawyer, Personal Injury, Wrongful Death | Tags: accident, Chicago news, drunk driver, DUI, Personal Injury, personal injury attorney, personal injury lawyer, Wrongful Death | No Comments »
Posted: September 20th, 2013
September 2, 2013 – A federal judge said the American Motorists Insurance Co. must pay $3.1 million to National Union Fire Insurance Co. of Pittsburgh, Pa., and the owner of Chicago’s John Hancock Center to help cover settlement costs from a deadly construction accident at the building. In a tragic 2002 accident at the landmark skyscraper in downtown Chicago, powerful winds sent a scaffold plunging from the building’s 42nd floor, killing three people in cars and seriously injuring others on the street below.
National Union covered an $8.7 million settlement of tort lawsuits against the Shorenstein companies — the John Hancock building’s owner and manager — but the insurer argued that AMICO should have stepped in and provided coverage instead. In an earlier ruling, the Seventh Circuit rejected AMICO’s claim that a professional services exclusion blocked coverage for the Shorenstein companies under a policy AMICO issued to an architect working on the John Hancock renovation project.
“The services that … the architect on the project rendered were professional services. But the Shorenstein defendants did not render professional services,” its decision said. “The policy states that the insurance it provides applies ‘separately to each insured against whose claim is made or “suit” is brought.’”
The federal appeals court also shot down AMICO’s claim that Shorenstein violated the targeted tender doctrine, which allows a policyholder to pick one insurer to seek indemnity from and leave the other insurers alone.
According to the ruling, it was reasonable for Shorenstein to turn to National Union after AMICO refused to cover the underlying suits. Shorenstein had not renounced its claim to AMICO, its preferred insurer, and only pursued a prudent backup measure, the Seventh Circuit said.
What This Means for You?
If you have been injured on the job, workers’ compensation may not be your only recourse. Contact a knowledgeable northern Illinois personal injury attorney who can help you wade through the technicalities and ensure you the best possible compensation to which you are entitled.
Author: Staff Writer | Filed under: Lake County personal injury attorney, Lake County personal injury lawyer, Workers Compensation | Tags: attorney, Chicago, construction accident, employee, Illinois, insurance, lawyer, litigation, workers' compensation | No Comments »