Illinois Injury Lawyer Blog

Many people have heard of the requirements that the Americans with Disabilities Act (ADA) places on public sidewalks. Sidewalks must be accessible and easy to use for people in wheelchairs and other mobility devices. However, renovations and compliance can be done improperly, creating risks in the face of improvement. Sidewalks that are too steep, poorly graded, contain broken concrete, holes, craters and potholes can be extremely dangerous to pedestrians on foot and in mobility aides. Sidewalk injuries, sidewalk slip and fall injuries, and other accidents may be the responsibility of the local entity that supervises sidewalks.

Read more here.

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Posted In: Slip and Fall

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Jones Act lawsuits are not limited to offshore vessels only; inland waterway seamen are also covered by the Jones Act and can seek fair and reasonable compensation for their injuries and medical expenses. The Jones Act applies to inland river workers as well as offshore workers and covers jackup rig injuries, semi-submersible ship or rig injuries, construction and lay barge injuries, drill ship injuries, tug/towboat injuries, crew boat injuries, drill ship injuries, dredge injuries, tanker and cargo ship injuries, fishing vessel injuries, chemical ship injuries, research vessel injuries, cruise ship injuries, other floating/movable structure injuries. The Jones Act does not require payment regardless of fault: in order for a worker to recover under the Jones Act, a worker must prove some negligence or fault on the part of the vessel's owners, operators, officers, and/or fellow employees or by reason of any defect in the ship or vessel, the gear, equipment or tackle.

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Posted In: Jones Act and Maritime law

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The Jones Act is a law Congress enacted to protect workers who are injured on a ship or vessel. The Jones Act governs the liability of vessel operators and marine employers for the work-related injury or death of an employee. It is a federal cause of action, meaning that the United States Congress intended for all seaman's injuries throughout the nation to be guided by the same liability standards of the Jones Act. Jones Act cases are different from normal Illinois workers' compensation lawsuits: in a Jones Act lawsuit, you may seek to recover past and future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to perform household services and take care of yourself, and other damages recoverable under the maritime law.

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Posted In: Jones Act and Maritime law

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Four hospital employees have been charged with failure to report sexual assault after a stroke patient was sexually assaulted while incapacitated. As police continue to investigate, more details come to light. The victim was incapacitated following treatment for a stroke and was not able to relate her hospital sexual abuse until almost a month later. However, the hospital did not inform the authorities or take any action: it was not until another month later that a hospital employee reported the assault to the police. This case shows an egregious example of hospital staff failing to report hospital sexual abuse.

Read more about this case here.

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Posted In: Medical Malpractice , Nursing Home Abuse

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A child who was irreparably injured and abused after being released into her abusive mother’s custody has received an $18.2 million settlement from the state to compensate for the state’s negligence in a personal injury lawsuit. The child was released to her mother after a hospital stay even though the state child welfare services had suspected child abuse in the home. Soon thereafter, the child was swung around by an abusive live-in boyfriend and suffered permanent brain damage as a result of the injury. The settlement will help to compensate the victim for her medical bills and pain and suffering resulting from the state’s negligence.

Read more here.

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Posted In: Injuries to Minors and Children

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The Parents of Delisia Brown have filed a personal injury lawsuit in Chicago against Donald Wells, the driver of the semi truck that crashed into the CTA Red Line platform at Cermak on April 25. Ms. Brown’s parents claim in the personal injury lawsuit that Wells ran a red light and failed to use his horn to signal before the truck crash happened. Ms. Brown’s wrongful death lawsuit will likely be followed by other personal injury lawsuits: two people died in the truck accident and 21 were injured.

Read the news story here.

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Posted In: Public Transit , Truck Accidents

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A jury awarded $15 Million in a truck accident case to a teenager who was hit by a truck in a car accident at age 14. The jury found that the correct compensation for the teenager included $3.57 million for future medical expenses, $1.07 million for future lost earnings, and $10 million for past and future pain and suffering. The trucking company’s parent company accepted full responsibility for the incident.

See the story here.

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Posted In: Automobile Accidents , Motor Vehicle Accidents , Truck Accidents

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Levin & Perconti have filed a personal injury lawsuit against the City of Chicago seeking damages in excess of $50,000 after a woman was injured by a dangerous and improperly-maintained sidewalk on the city’s south side. The plaintiff broke her leg and sprained her foot, requiring surgery and extensive rehabilitation. Levin & Perconti claim that the City failed to maintain the sidewalk, that the City failed to inspect the sidewalk, and that the City failed to take reasonable steps to maintain the sidewalk in a safe and usable manner.

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Posted In: Illinois statues and Chicago Municipal Codes

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A Southern Illinois University senior was killed recently when his car was hit from behind by a semi truck in a semi truck accident. The student’s car was stopped behind another truck in a construction zone when the driver of the semi failed to stop, slamming into the back of his car and killing him. The driver of the semi truck was ticketed for failing to reduce speed and admitted that he did not see the car because he was adjusting the radio. There is no word yet if a wrongful death lawsuit will be filed in this case.

See the news story here.

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Posted In: Automobile Accidents , Motor Vehicle Accidents , Truck Accidents

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Some cases, including a personal injury lawsuit or worker’s compensation lawsuit, you take may arise in other states but can be filed in Illinois. If you have a case like this, be sure to check the statute of limitation in the other state before you begin the representation. You must verify that the statute has not expired. Other states may have widely different statutes of limitations that can even vary, per claim, within one area of law. Be sure to verify the statute on paper or using an internet-based legal research tool as word of mouth may not be enough.

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Posted In: Tips for Lawyers

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Levin & Perconti filed a personal injury lawsuit in Chicago for their client’s personal injuries in an automobile accident. The injured woman was driving towards an exit ramp on an expressway when an Illinois State Toll Highway Authority vehicle failed to exercise due care and caused an automobile accident. The woman sustained personal injures as a result of the accident. Levin & Perconti filed the car accident lawsuit in Chicago, Cook County.

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Posted In: Automobile Accidents , Truck Accidents

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If you decide to withdraw from a case, especially a personal injury lawsuit, or your client wishes to switch attorneys, you must be sure to make effective withdrawal. Simply ceasing to represent the client in name is not enough. Illinois lawyers should either withdraw their appearance or be certain that an order for substitution of counsel is entered. One easy way to tell if your withdrawal is effective is whether or not you still receive notices of motions and pleadings: if you do, check to verify that your withdrawal or order of substitution was entered. Failure to properly withdraw from a case may expose you to malpractice allegations or a judge could find that you are still counsel of record.

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Posted In: Tips for Lawyers

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