Illinois Injury Lawyer Blog

A state appeals court has overturned a personal injury lawsuit that a county judge decided in favor of Michelin, stating that a “miscarriage of justice” took place in the courtroom. The judge allowed evidence of a man’s private life in a personal injury lawsuit against Michelin. The judge had allowed Michelin to introduce evidence of extramarital affairs and out-of-wedlock children that its attorneys said hurt the plaintiff’s credibility.

The plaintiff filed the personal injury lawsuit for a brain injury suffered when his tire blew out while delivering produce. The appellate court said that his extramarital affairs were irrelevant to the substantive issue in the case: the cause of the accident.

For the full article.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injury

Bookmark:

The recent injuries suffered by Dominic DiAngi who was hit by a foul ball while watching the Cubs play at Wrigley Field in Chicago, Illinois have brought to public attention some risks of watching baseball. If a fan is struck by an errant ball while at a field, the team while not likely be held legally responsible. Teams are practically immune in almost all cases, so the injured fan will bear the cost of his injuries. Exemplifying this is the mini contract printed on the back of each ticket warning that the holder “assumes all risk and danger incidental to the sport of baseball.” However, the teams are not completely immune, for example, legal precedent requires netting to be placed in front of the most dangerous areas of the stands, but fans are still liable for any balls or bats that make it past that netting. Laws in Illinois in the 1990s emphasized immunity from lawsuits for clubs that do put up netting.

It may seem like a remote possibility that a fan will be injured at a game, but about 300 people a year are hospitalized after receiving injuries from being struck by foul balls at major and minor league games. In 1970, a 14-year-old was killed after being struck in the head by a foul ball. Read more here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury

Bookmark:

Chris Clear, 19 years old, was helping to move a roto-tiller when he felt what he thought was a rock hit him in the face. In actuality, a metal pin from the roto-tiller had shot into his brain. After the accident, his nose began bleeding profusely, which is when he went to a local hospital, and they x-rayed his neck, where the pain had shifted. The hospital sent him home after the x-ray, incorrectly diagnosing him with only a cervical sprain. The second trip to the hospital revealed the true problem: the large metal pin had lodged in Chris’ brain. Apparently the blunt end of the pin went in through his nose, past his eye socket, and got lodged in the back of his brain. Chris’ prognosis was grim: death, paralysis, mobility and speech impairments were all distinct possibilities. Chris was fortunate, however, the pin missed several major arteries and after a 9 hour surgery the pin was removed and he is almost like new. The only left over symptoms: if he touches his scar his front teeth go numb and his taste in food has changed, but that appears to be it. While Chris is lucky to be alive and well, he did not have insurance coverage at the time, which means the expensive surgery costs will be great to bear. To read more click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Machinery

Bookmark:

A youth injured at a Chicago, Illinois White Sox Game may face a serious medical surgery. The nine year old was hit by a ball at the game resulting in personal injury and a brain injury. The boy remains optimistic as his family hopes he will recover from the freak accident with ease. Serious injuries are common at sporting events but rarely result in personal injury lawsuits due to the “assumption of risk” doctrine. Suprinsingly the youth still remains a Chicago, Illinois White Sox fan…a result that Cubs fans would say is just another side effect of the personal injury he suffered. To read the full story on this brave little boy click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Injuries to Minors and Children

Bookmark:

A four year old car crash victim finally received civil court justice after reaching receiving a nearly 55 million dollar jury verdict. The four year old, was a car accident passenger who faced nearly life threatening injuries. Five years after the crash the youth remains a quadriplegic suffering brain injuries and placed on a ventilator. The crash occurred roughly five years ago at dispute over a red light green light intersection. Such intersection accidents are common places for motor vehicle accidents. The large jury verdict awarded to the plaintiff was to compensate her for personal injuries, medical expenses and pain and suffering. To see the full story log in to Jury Verdict and Analysis here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injury , Injuries to Minors and Children , Motor Vehicle Accidents

Bookmark:

A nursing home lawsuit is to be filed by the family of a woman who was prone to nursing home wandering. The woman, a 46 year old, with a history of seizures and brain injuries was found naked in a motel in Chicago, Illinois after wandering off from an alleged negligent nursing home. The woman found in Cook County was beaten to death and had suffered serious personal injuries caused by an unknown suspect. The woman went missing after leaving Somerset Nursing Home. The family will likely also file a wrongful death suit against the defendant nursing home. To see the full story on this alleged Somerset Nursing home abuse click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Nursing Home Abuse

Bookmark:

A young boy is left in a coma after suffering serious personal injuries following a boxing match at a public school. A personal injury lawsuit has been filed by the boy’s parents who will seek personal injury damages after their son was left with brain injuries following the match including a coma subdural hematoma injuries. The lawsuits plaintiffs, the boys parents have named several defendants. To see to full story click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Injuries to Minors and Children

Bookmark:

Trasylol medical product recall is another announcement its manufacturer Bayer made earlier this month. Trasylol used during heart surgery was recalled after findings that the drug relates to surgical personal injuries. The drug product recall may be too late as many patients already suffered kidney problems, stroke brain injuries and even personal injury deaths. Although medical drugs like Trasylol may have been FDA approved a FDA recall of Trasylol leaves many seeking redress. Trasylol lawsuits will no doubt appear throughout the nation, and in Chicago, Illinois just as those for many other FDA recalled drugs. To see the full story of future wrongful death lawsuits in the making click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Products liability , Wrongful Death , pharmaceuticals

Bookmark:

Brain injury may not be the end of the road for some nursing home residents. An upcoming nursing home lawsuit will determine if some brain injured nursing home residents may be able to seek solace in more intimate and communal rehabilitation centers. Brain injuries can result from car accidents, medical malpractice leading to strokes or serious falls. Some brain injured individuals may through the court’s ruling on the Americans with Disabilities Act be able to live in adequate homes and care facilities outside of the nursing home area. To see the full story on a ruling that could individuals over America & possibly one day Chicago, Illinois tort reform. To see the full story click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Medical Malpractice , Nursing Home Abuse , Tort Reform

Bookmark:

Five years and a number of personal injury lawsuits and wrongful death lawsuits have passed since an apartment porch collapse accident killed 13 people on the city’s north side. Porches are very popular in Chicago, often the focal point of a weekend gathering. Residents should know that there are now only three ways that porches get inspected: by calling 311, during an annual building inspection, and when the porch is constructed. Notably, the porch collapse accident that killed 13 on the city’s north side in 2003 was not detected in five years of annual inspections. Apartment residents who worry that their porch is unsafe and could result in a porch collapse accident should contact the City of Chicago.

Read more here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Building safety , Current Issues , Illinois statues and Chicago Municipal Codes , Injuries to Minors and Children , Land Owner liability , Wrongful Death

Bookmark:

A woman from Fairview Heights, Illinois collided with a Madison County ambulance in a 2005 automobile accident during which her one-month-old son sustained permanent head injuries. The woman has filed an Illinois personal injury lawsuit in which she is listed as a plaintiff acting on behalf of her infant son as well as an individual plaintiff. She, along with the Mission Care of Illinois ambulance driver, is also listed as a defendant. Her lawyer alleges that she failed to avoid an accident with the ambulance by not slowing down, stopping, or swerving. The attorney also claims that the ambulance driver was also careless and negligent.

Click here for the full article

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injury , Injuries to Minors and Children , Motor Vehicle Accidents , Truck Accidents

Bookmark:

Recently a colleague referred a case to me involving blatant medical negligence. The referring attorney explained the series of events involving a misdiagnosis, a failure to diagnose, and a relatively simple procedure essentially done backwards causing material to be pumped out of the patient’s stomach of pumped into the patient’s stomach. As he explained the situation to me, it was clear that the doctor had made mistakes and caused the patient severe pain and permanent injury. It was no surprise to me that the patient had decided to pursue legal action. Apparently, however, the patient was reluctant to file a personal injury claim based on the medical malpractice of the doctor. The patient was reluctant to file a personal injury lawsuit , that is, until the doctor behaved arrogantly and refused to admit any wrongdoing. The old rule in medicine was to never apologize and never admit mistakes, but the old rule may not be the smart rule. In a recent New York Times article, a doctor explains a mistake he made and how his apology diffused the situation and even won over the patient. As an personal injury attorney I have seen that, unfortunately, mistakes are more commonplace in medicine than anyone would like to admit. Even more unfortunately, apologies are nearly non-existent.

For the complete New York Times article, click here.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Birth Injury , Brain Injury , Injuries to Minors and Children , Medical Malpractice , Wrongful Death

Bookmark:

A personal injury lawsuit has been filed against Advanced Micro Devices for failing to protect the woman from exposure to harmful chemicals that led to permanent birth defects in her son. The woman worked for AMD in a clean room where chips were fabricated in a facility in Texas. There, she was exposed to including ethylene glycol monoethyl ether acetate and 2-ethoxyethyl acetate. The lawsuit alleges that this toxic exposure in the workplace while she was pregnant was what caused her son to be born with cognitive defects and brain injury, as well as missing his lower right arm. AMD required its employees to undergo physicals, and it is through one of these physicals that the woman found out she was pregnant. However, even though the company knew of her pregnancy, neither the doctors it hired nor the company itself did anything to protect the woman or her unborn child. AMD and the doctors did not even warn her that her or her son’s health could be at risk.

Click here for the full article

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Injuries to Minors and Children , Workers' Compensation

Bookmark:

An $8,400,000 verdict was recently awarded in a personal injury lawsuit to a 21-year-old woman who was in a car accident and sustained severe and permanent brain injury. The woman claimed that she was a victim of auto repair negligence, resulting in the motor vehicle accident. She had her car repaired twice by the defendant auto repair facility for stalling, but her car stalled on the freeway four months after the final repair. The woman was rear ended and suffered severe brain injury. She will no longer be able to work or attend school.

Click here for the full article

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Automobile Accidents , Brain Injury , Motor Vehicle Accidents

Bookmark:

A $15 million verdict against Goodyear Donlop Tires for product liability and personal injury was recently made in favor of a woman who suffered a severe brain injury in a motorcycle accident near Pontiac, Illinois. The motorcycle's tire, manufactured by Goodyear, suddenly deflated causing a crash during which the brain injury occurred even though the woman was wearing a helmet. The crash has led to severe cognitive defects and paralyzation. The woman is now permanently bound to a wheel chair and will require full time care for the rest of her life.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Motor Vehicle Accidents , Motorcycle Accidents , Products liability

Bookmark:

The parents of an Indiana motorcyclist who was in accident with a drunk driver has settled their personal injury suit with the bar that served the drunk driver on the night of the motorcycle accident. The driver had a blood alcohol level of .23. The legal limit is .08 in Indiana. The motorcyclists injuries occurred when he swerved to avoid the drunk driver whose car was in the middle of the road. The motorcyclist received a brain injury which has left him in a waking coma since September of 2004. His parents quit their jobs in Massachussets and moved to Indiana to care for their son.

click here for the full article.

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Motor Vehicle Accidents , Motorcycle Accidents

Bookmark:

A $23,500,000 verdict was just reached in a motor vehicle negligence case where the plaintiff sustained serious injuries as the result of a truck accident. The 13-year-old plaintiff suffered from a fractured skull and traumatic brain injury. The boy was in a coma for 14 days, spent 15 months in hospitals and rehabilitation facilities and underwent 40 medical procedures. As a result of the traumatic brain injury from which he will never recover, the plaintiff now requires round-the-clock nursing care as he is unable to speak, walk, make many movements or care for himself. In regards to the issue of liability, the defendant driver was ruled to be acting within the course and scope of his employment, contrary to the claims of the defendant employer. The verdict included a $10 million award for past and future pain and suffering and loss of enjoyment of life.

Click here for full article

Posted by Levin & Perconti | Permalink | Email This Post

Posted In: Brain Injury , Injuries to Minors and Children , Motor Vehicle Accidents , Truck Accidents

Bookmark: