Any number of injuries, including birth injuries, brain injuries, spinal injuries, and even death, can be caused by a hospital’s mistake, a doctor’s misdiagnosis, anesthesia complications, a physician’s incompetence, and other causes. In Illinois, malpractice actions (lawsuits for negligence) against physicians, psychologists, podiatrists, dentists, hospitals, naprapaths (health care professionals focusing…
Chicago Injury Lawyer Blog
Kane County Car Accidents: Red Light Cameras and Photo Enforcement
According to the Kane County Division of Transportation, the running of red lights remains one of the major causes of car accidents. Nationwide, nearly 1,000 people are killed and approximately 178,000 are injured when vehicles crash as a result of negligent drivers running red lights. The Illinois legislature empowers each…
Illinois Automobile Safety Update: Rearview Camera Mandate Postponed
According to the Washington Examiner, the National Highway Traffic Safety Administration (NHTSA) by way of the Transportation Secretary, Ray LaHood, told Congress on February 28, 2012, that new rules mandating rearview cameras on all passenger vehicles would be delayed until the end of 2012. In 2008, Congress passed the Cameron…
DuPage County Dog Bite Lawyers: Protecting your rights under the Illinois Animal Control Act
Dog bites and animal attacks are more common than most people think. Often, the disfiguring injuries that result are never reported to animal control officials. Every year in the U.S., there are nearly 4.7 million dog bites, 800,000 of the attacks require medical attention. To compensate for the harm caused…
Illinois Car Accidents: Why NOT to Speak to the Insurance Company
The time after a car accident can be stressful and frightening. Painful injuries and worries about keeping up with work and family are the biggest concerns. You may be in no position to speak to anyone – let alone the insurance adjuster for the at-fault driver. But the insurance company…
Slip & Fall Claims: Unnatural Accumulation of Snow and Ice in Illinois
As winter approaches, snow, ice, and water are going to become hazards for pedestrians who can injure their neck and back. In Illinois, a slip & fall accident is an actionable claim against the property owner or manager depending on how the snow, ice, or water accumulated. If an accumulation…
Insurance Subrogation Liens: The Common Fund Doctrine in Illinois
The common fund doctrine serves to limit an insurance company’s recovery of insurance liens from a Plaintiff’s settlement. The common fund doctrine is an exception to the American rule on attorney’s fees. Typically, each party is responsible for their own attorney’s fees unless there is a statute or an agreement…
Illinois Social Host Liability in the Wake of Bell v. Hutsell
The Illinois Supreme Court recently clarified social host liability in Illinois in the decision of Bell v. Hutsell. The case explains how personal injury or negligence claims can arise in social host situations. These claims may include car accidents. Generally, a social host of a party where alcohol is served…
Negligence Cases: Proximate Cause and Foreseeability of Harm
Most negligence cases require the Plaintiff to prove the same four elements; duty, breach, causation, and damages. Actual cause or cause in fact is the actual event that caused the harm. The harm would not have happened but for the actual cause event occurring. Proximate cause is also known as…
Wrongful Death: New law helps family members gain access to records in Illinois
On November 23, Governor Quinn signed SB 1694. The new legislation allows access to a deceased family member’s medical records without the requirement of opening of an estate. SB 1694 will add 5/8-2001.5 to the Illinois Code of Civil Procedure entitled: “Authorization for release of a deceased patient’s records.” 735…