Illinois Injury Lawyer Blog

The jury has found a ranching management company to have been negligent in a case brought forth by victims of a landslide. The complaint alleges that the company built improper drainage systems and that this in connection to the heavy rains the area was experiencing led to the landslide and loss of lives and homes. The lawsuit alleged wrongful death and personal and property damage. While the jury did find that the company was negligent, they found that the county and the manager of the company were not negligent. The jury also found that some of the people involved in the landslides were responsible for personal injuries sustained by other victims. The hearing set to determine the appropriate monetary damages to be awarded has been delayed and is scheduled to proceed early next week. For the full story click here.

Seven people were hospitalized with personal injuries after an extra-alarm fire started in a Chicago Housing Authority high-rise building on the South Side of Chicago, Illinois. A 2-11 alarm and Emergency Medical Services Plan 1 was called for an incinerator fire at the eight-story building. The fire department took seven people to various hospitals for smoke inhalation. Six of the seven people were in fair to serious condition with personal injuries, and one was in critical condition with personal injuries. The fire, which seemed to have started in the incinerator, caused heavy smoke on the buildings upper floors. At this time, no lawsuits have been filed. To read the full story, click here.

Two people died, and at least eight people were sickened, at storage and mixing plant where they worked. They were sickened after exposure to a chemical at an East St. Louis, Illinois plant on Saturday and emergency rooms at two hospitals were quarantined after people sought treatment. Authorities stated that they were “99 percent” certain the chemical was nitrolaniline, a highly toxic material that can cause serious breathing problems and even death. The Occupational Safety and Health Administration’s Website says it can cause vomiting, diarrhea, convulsions, respiratory arrest and other symptoms as ailments. The incident began when the lid of a barrel popped off at Ro-Corp in East St. Louis, spreading the white powder everywhere. The injured men went to three different hospitals, and although they are in fair condition, the extent of their personal injuries is unknown. Two of the hospitals immediately locked down their emergency rooms, but no other patients showed signs of illness. At this time, no lawsuits have been filed. To read the full story, click here.

A 65-year-old woman was fatally struck by a train in the Uptown neighborhood of Chicago. The woman was pronounced dead on the scene after being struck by the train. A southbound Red Line train made contact with the woman early in the morning. An autopsy has been scheduled, but not yet conducted. Power was shut off on the Red Line tracks following the fatal accident, but had been restored by commuting hours. Chicago Police detectives are investigating the train accident. At this time, no lawsuits have been filed. To read the full story, click here.

A Justice man was killed in a Chicago suburban repair garage when a semi truck rolled over him. The man occasionally worked at the garage and was checking the truck’s brakes. He was lying on the floor in front of the truck’s middle set of tires when he asked another worker to turn on the engine to test for air leaks. The truck had negligently been left in gear. The truck moved forward and rolled onto the worker’s chest and abdomen, creating great personal injuries. Although the man was taken to the hospital, he could not survive the great personal injuries and died after about a half hour. The investigator stated that the vehicle was left in the gear by the killed worker and the other worker believed it was in neutral. At this point, no lawsuits have been filed. To read the full story, click here.

Attorney Weiss obtained insurance from Liberty Mutual for her and her husband Jack’s business. This included uninsured motorist coverage for both of them when they utilized company cars. Jack was then killed in an automobile accident with an uninsured motorist. Although the two had insurance for the exact situation, Liberty Mutual denied coverage. Weiss sued and after a many appeals, was finally awarded 8 million dollars in damages for insurance agent negligence, failure to obtain appropriate insurance coverage, lack of coverage for auto/pedestrian collision and wrongful death of an attorney. To read the full story, click here.

The Consumer Product Safety Commission urged retailers to stop selling Simplicity bassinets connected to two infant product liability deaths. The CPSC secured agreements with Wal-Mart, Toys “R” Us, Kmart, Big Lots, Target, and J.C. Penney to voluntarily stop selling nearly 900,000 bassinets.

For the full article.

A woman was struck and killed by a Metra Electric Line train Tuesday afternoon. The train accident occurred near 43rd Street and Lake Park Avenue on the South Side of Chicago, IL. The woman was in her late 20s and was killed in a train accident on the tracks. There is no station at the location of the train accident. Many inbound and outbound trains were stopped following the incident. Train schedules resumed as normal about two hours later. At this time, no lawsuits have been filed regarding the incident. To read the full story, click here.

A young man was killed while riding his motorcycle in Chicago, Illinois. He was riding his motorcycle when a pickup truck collided into him, causing an automobile accident. The truck, which had ran the stop sign, fled the scene. The truck was found abandoned a mile away from the scene. A man is currently held on bond in connection of the hit-and run death and is charged with failing to report an accident involving death or injury. Although the motorcyclist usually wore a helmet, he was not wearing one at the time of crash because he was traveling a short distance. According to the Illinois Department of Transportation statistics this is the 16th motorcycle accident to end in death. At this point, no lawsuit or wrongful death suits have been filed. To read the full story, click here.

A man from the Chicago suburbs is listed in fair condition after having personal injuries from a motorcycle accident. The motorcyclist was allegedly driving under the influence of alcohol. The motorcycle crashed into a Jeep after crossing the center line. The driver of the jeep had minor personal injuries and was released from care. The motorcycle driver was taken by helicopter to an Illinois hospital to treat his personal injuries. At this point, no lawsuits have been filed. To read the full story, click here.

After a recent story by the CBS 2 Chicago investigators on the safety of Pyrex dishes, the Consumer Product Safety Commission is now looking into the problem. The story resulted after a woman recently suffered personal injuries after a Pyrex dish she was using shattered after removing it from the oven. The company claims that their safety instructions are excellent and that any personal injury accidents as a result of a shattered Pyrex are the result of the user not properly following instructions. The woman that was injured will not send the company the broken glass pieces because she is keeping them as evidence in a possible personal injury lawsuit, and because of this the company refuses to talk directly about this case. For the full story click here.

A Chicago personal injury lawsuit has been filed against a Chicago restaurant. The personal injury lawsuit alleges that the plaintiff got a 9-foot tapeworm after eating undercooked fish in the restaurant. The Chicago personal injury lawsuit seeks $100,000 in damages.

For the full article.

The recent decision in Gil v. Reed, No. 06-1414 (7/23/08) declared that an earlier District court decision where summary judgment was granted to Defendant prison officials in regards to a FTCA and a Section 1983 claim was erroneous. The Plaintiff claimed that the Defendant prison officials committed negligence and medical malpractice when the Plaintiff’s specialist’s treatment orders were not followed: Plaintiff’s prescribition for antibiotics was not filled and another prescription was prescribed for Plaintiff despite warnings by another medical specialist. The Court declared that a question existed if Plaintiff was harmed by one or more of the Defendant’s alleged acts and sufficient facts also existed to raise an Eight Amendment issue. The Case has been vacated and remanded so the personal injury negligence suit and medical malpractice suit will be resolved in the near future.

The recent decision of Clayton v. Millers First Insurance Companies No. 5-07-0061 (July 25, 2008) declared that an earlier trial court decision was erroneous when summary judgment for the Defendant insurance carrier was granted. The trial court decision wrongfully declared that a minor plaintiff who resides with the named insurance holder for several years did not qualify as a member of the named insured’s household. The recent decision clarified that the trial court’s definition of member of household was inadequate since it did not include wards or foster children. As personal injury lawsuits often overlap with lawsuits by insurance companies this new decision may help many insured plaintiff’s who have custody of foster children or wards of the state.

The number of recalled products has increased in the past few years, but often times notice that an item is defective never reaches the owner. It is likely that many recalled goods are still on the road or in one’s home.

As products liability attorneys and personal injury attorneys, Levin & Perconti seek to inform you as readers of any recalled products as soon as we learn of them .

For the full article.

For the latest FDA recalls.

A recent Michigan Supreme Court decision threatens to hinder the process of workers’ compensation that has sought to help employees injured on the job. The Michigan court added new requirements to receiving workers’ comp benefits, including a heightened evidentiary standard and a new requirement that the claimant is required to provide a transferable-skills analysis to prove a disability.

For the full article.

A sting operation was conducted at a nail salon which led to five citations for workers’ comp violations. The operation was conducted to enforce laws concerning workers’ compensation insurance coverage. The operation was in response to complaints of businesses failing to have required workers’ compensation insurance coverage on employees.

For the full article.

Residents affected by a recent propane blast have filed a class action personal injury lawsuit against the propane company for the effects that the blast has had on them. Many personal injuries have been sustained as a result of the blast as well as several deaths. There is no word on whether wrongful death suits will be filed by the families of the victims in addition to the personal injury lawsuits. The propane company responsible for the blast had received previous warnings over unsafe practices. For the full story click here.

The family of an eighth-grader who was shot by a classmate has filed personal injury lawsuits against the school district and the county. The personal injury lawsuits allege that the school’s failure to protect the boy led to his death.

For the full article.

In one of those pieces that we never like to read about, an attorney has been suspended for unethical conduct. The attorney is banned from practicing law for two and a half years because he mishandled a client’s money after winning a personal injury lawsuit.

For the full article.

A vitamin maker is facing potential products liability lawsuits following the negative effects of its Total Body Formula. At least 197 people in a dozen states have had frightening symptoms after taking the liquid supplement of Total Body Formula. Their hair fell out in clumps and fingernails fell off. They also suffered nausea, vomiting, fatigue, and disabling joint pain.

Several batches of Total Body Formula contained hazardous amounts of the mineral selenium. In March, the FDA issued the first of three warnings, advising consumers not to use Total Body Formula in tropical orange and peach nectar flavors. Tests found that the supplement contained amounts of selenium and chromium that were seventeen times higher than recommended.

For the full article.

A fire that occurred in Chicago, Illinois on Monday morning left 10 people without homes and 5 in the hospital with personal injuries. After a thorough investigation it was determined that the fire was intentionally set and was not accidental. There is no word yet as to whether personal injury lawsuits will be filed once the suspect is identified. To read the full story click here.

An Illinois resident who filed an Illinois workers’ compensation claim is now alleging that her former employer, The Lincoln Room, wrongfully discharged her after seeking those workers’ comp benefits. The plaintiff claims that she was hurt on the job in 2007, rendering her unable to perform work. Her two-count retaliation lawsuit seeks in excess of $100,000 in compensatory and punitive damages for lost income and pain, as well as for the alleged willful and wanton conduct of defendant.

For the full article.

In all different types of lawsuits, experts agree that you can save money on legal fees by considering three options: compromise, mediate, or settle. The general rule is that the longer a legal case continues, the more it is going to cost. One mediation program in Ohio handles 1,200 personal injury lawsuits a year and ninety percent are resolved without a trial.

Here in Illinois, the Supreme Court of Illinois provides for mandatory arbitration of Illinois personal injury lawsuits and other civil actions where a plaintiff asserts a claim of less than or equal to $50,000.

For the full article.

Contrary to what a lot of insurance companies and businesses would like you to believe, personal injury lawsuit filings are down over the last ten years. Based on a Judicial Council of California statistical report, motor vehicle lawsuits are way down. This begs the question of whether there are really less injuries or whether injured victims are not being properly compensated.

For the full article.

The Archdiocese of Chicago has agreed to settle lawsuits alleging sexual abuse by priests for more than $12.6 million. Cardinal Francis George publicly apologized and will apologize privately to each of the victims as part of the settlement. The Chicago settlement brings the total to $65 million the total paid by the archdiocese over three decades to settle about 250 claims.

The individual apology is particularly interesting because often times in personal injuries, apologies are what plaintiffs hope most to get from the defendants.

For the full article.

A woman underwent a radical hysterectomy because she was in an early stage of cervical cancer. The surgery went wrong in a case of medical malpractice and the woman suffered injuries to her ureters and a puncture to her colon. Because of the personal injuries sustained, the woman required a colostomy bag for eight months and underwent numerous surgical procedures.

For the full article.

A plaintiff recently settled his claim in a personal injury lawsuit settlement for $1,350,000. The plaintiff suffered a puncture-wound to his foot after stepping on a submerged metal spike that was in a sulfur pit. The plaintiff was a diabetic and doing maintenance on a sub pump in a submerged part of a sulfur pit when the accident occurred.

For the full article.

Many people may believe that if a person gets injured on the job by a machine, they are limited to claims for worker’s compensation benefits. However, this may not be the case. In some circumstances, product liability lawsuits can also be brought by experienced personal injury attorneys against the manufacturer or someone else in the stream of commerce.

To learn more.

Hoping to lower Illinois workers’ compensation claims, the city of Springfield has approved a collective bargaining agreement that will pay employees for not getting hurt. Workers covered by the contract will get $250 per year for the first four years of injury-free employment, then $750 in the fifth year. The amount paid steadily increases. For example, an employee who worked for 30 years without getting hurt would get a lump-sum payment of $3900 upon retirement, in addition to the $21,750 the city would pay out in annual installments over three decades.

For the full article.

The owner of an insurance company was arrested today on one count of embezzlement and one count of obtaining property by false pretenses. Investigators allege that the owner provided workers’ compensation coverage for commercial construction contractors and subcontractors. In at least one case, the owner took payment from a client but failed to remit that payment to the insurance company.

For the full article.

One of the most used drugs in America, the blood thinner Heparin, opened the eyes of our nation last winter when a catastrophe illuminated severe problems regarding the fact that most ingredients in American pharmaceuticals now come from foreign sources. These sources are not closely monitored by the FDA and are not monitored by the pharmaceutical companies. Heparin used to be produced by a pharmaceutical company giant, but the company recalled its stock after the deaths from contaminated pharmaceuticals.

For the full article.

The American Association for Justice (AAJ) is hosting its 2009 Winter Convention from February 7-11 in New Orleans, Louisiana. By attending and meeting with other personal injury attorneys, you can earn up to a year's worth of MCLE and AAJ Education credits.

For more information.

Johnson & Johnson recently said that it has received a subpoena by the Justice Department in connection with its sales of bile duct stents. This subpoena was part of an investigation about potential product liability of the stents. The Justice Department is investigating whether manufacturers had been promoting the devices for unapproved uses, among them the repair of weakened blood vessels. The bile duct stents are plastic or metal tubes intended to treat obstructions to the liver.

For the full information.

Look Cycle USA is voluntarily recalling about 80,000 (40,000 pairs) KeO Bicycle Pedals. The product has a steel axle inside the pedal can break, posing a fall hazard to cyclists.

For more information.

An Amtrak train from Chicago hit a garbage truck en route to its destination that resulted in seven train accident injuries. The truck drivers and five passengers were sent to a hospital for their injuries. Luckily, nobody was killed in the train accident. The video shows what a train accident looks like up close from a bystander perspective.

A bar owner recently sued a police officer and police chief for allegedly assaulting him and violating his civil rights. The bar owner suffered a fractured rib, a collapsed lung, personal and reputation injuries, as well as emotional distress and monetary costs as a result of the assault.

For the full article.

According to a recent study, the average time that hospital emergency room patients wait to see a doctor has grown from 38 minutes to almost an hour throughout the past decade. Overall, visitors went up 32% in the past ten years.

The study made additional interesting findings. Summer and winter were the busiest seasons in ERs and the early evening (around 7 p.m.) tended to be the busiest time of the day.

For the report.

For the full article.

TASER International, Inc., an advanced electronic control devices company, announced recently that the United States District Court issued an order granting plaintiff’s motion to voluntary dismiss TASER International with prejudice from the product liability lawsuit.

For the full article.

According to an Illinois personal injury lawsuit recently filed, an employee of an elevator company claims that he was hurt by falling debris from the ceiling in an elevator shaft. The complaint filed in the Illinois personal injury lawsuit states that the defendant breached its duty to prevent unsafe work practices.

For the full article.

A minor car accident five years ago has led to the arraignment of a couple for allegedly stealing funds from their auto insurance company and lying under oath in regards to a personal injury lawsuit. The couple submitted bodily injury claims with their insurance company and claimed to have missed work. A separate investigation revealed that neither one was employed at the time.

For the full article.

An Illinois preservation group who recently lost an Illinois personal injury lawsuit will not be hurt financially by a million-dollar-plus lawsuit judgment against it. The verdict and the personal injury attorneys’ fees will be covered by insurance.

On July 15, an Illinois jury ruled that the preservation group should pay the personal injury plaintiff $1.48 million stemming from a salvage site personal injury accident that occurred in 2004.

For the full article.

A woman and her family have filed a wrongful death lawsuit, of sorts. Porter Hospital accidentally declared the woman dead when a patient of her same name died at the hospital when she was a patient. As a result, the woman has been declared legally dead according to Social Security and her insurance companies, making it very difficult for her to appear "alive" legally. The woman and her husband have filed this wrongful death lawsuit against the hospital for her financial injuries and inconvenience.

Read more here.

A report looking into the nutritional quality of kids’ meals at thirteen major restaurant chains found that 93% of the possible choices exceeded 430 calories – the amount that is one-third of the total amount that children aged four through eight should consume in one day. Eating such high calorie food as a child is not only a bad choice, but also dangerous to children.

For the full article.

Computer manufacturer is the defendant in a recently-filed personal injury lawsuit. The plaintiffs in the personal injury lawsuit claim that IBM caused cancer in and around a New York town where the company was founded. According to the complaint, the IBM factory released a toxic plume from 1924 through 2002 into the groundwater that also led to the contamination of the air and soil. According to the personal injury lawsuit, this pollution led to personal injury and wrongful death, including congenital heart defects in children and kidney cancer in adults.

For the full article.

Local music reporters have pieced together some of the more dangerous occurrences from this weekend's Lollapalooza music festival in Chicago. The first-hand accounts and pictures show that many fans received personal injuries during the concert. Apparently, security staff allowed some fans to breach the security gates and storm the venue. It is unclear if security staff negligence caused any personal injuries. The online photos show that many crowd members surged forward during more active performances and placed fellow onlookers in danger. Though drug overdoses were less prevalent at this year's performance, personal injury incidents increased due to crowd violence.

Read more here.

A crane collapse at an oil refinery killed four workers on the job. The refinery crane was one of the largest in operation. This kind of accident raises concerns about crane use and wrongful death at work for Illinois workers who should be careful to avoid crane accidents, truck accidents, barge accidents, workplace injuries, and catastrophic construction accidents.