Recent Case Results
The U.S. Consumer Product Safety Commission (CPSC) recently announced a voluntary recall of about 30,400 kids’ bike helmets. The helmets, which were manufactured by Triple Eight Distribution, Inc., of Port Washington, N.Y. and sold under the brand name Little Tricky, were recalled due to concerns that the helmets do not comply with CPSC safety standards for impact resistance, which could cause children to suffer head injuries in a fall.
The recalled bike helmets include a large Little Tricky logo on both sides of the helmet. The recall affects two varieties of Little Tricky bike helmets – the Triple Eight and Sector 9 helmets. The Triple Eight S/M EPS Liner helmets feature a hard black inner EPS foam liner and come in black, white, bone, blue and army green. The Sector 9 S/M EPS Liner helmets also feature an EPS liner and come in gray, white, black, blue and green. Both the types of helmets have an interior label indicating the size and the helmet’s manufacture date.
The recalled Little Tricky bike helmets were sold at bicycle stores, sporting goods stores, and other retailers throughout the United States and online from August 2006 through November 2011. The helmets retailed for about $40.
Consumers should stop using the helmets and contact Triple Eight for a full refund. For additional information, consumers can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.
Bike helmets are critical to preventing serious head injuries in children. As explained in a recent article in East County Magazine, bike helmets help prevent head injuries in the event of a fall by absorbing the force from one object, such as an automobile, and protecting the upper part of the forehead and back of the head.
In the article, Sue Cox, Director of Trauma Services for Rady Children’s Hospital, stated, “Head injuries have potentially the most severe consequences in the both the short and long term.”
If you own one of the recalled bike helmets, you should stop using the helmet immediately and make sure that your child wears another safe bicycle helmet. If your child has suffered a head injury as a result of a bike accident, you may be entitled to compensation for any injuries suffered. Contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
If you have been injured in a personal injury incident, such as an auto accident, trucking accident or medical malpractice, you are likely angry and confused. You are facing mounting medical bills and perhaps even a loss of income due to the inability to work. You want justice for the pain, injuries and damages you have suffered due to the negligence of another person, but you may be apprehensive about the legal process for seeking compensation. The following is a brief summary of the basics of a personal injury lawsuit and how victims can obtain the compensation that they need and deserve.
Hiring an Attorney
Personal injury lawsuits involve an area of law called “tort law,” which includes complex legal issues such as negligence, strict liability, product liability, and premises liability. Tort laws vary from state to state so it is important to hire an attorney that understands the laws of the state in which the lawsuit will be filed. At Steinberg, Goodman & Kalish, we are well-versed in the various tort laws of Illinois and we have considerable experience representing clients in complex personal injury lawsuits, including those involving medical malpractice, brain injuries, nursing home abuse, wrongful death, serious automobile accidents and commercial trucking accidents.
Filing a Complaint
After you have hired an experienced Illinois personal injury lawyer, the first step in initiating a legal procedure is to file a complaint. The complaint is the first document filed with the court and it identifies the parties involved in the lawsuit, explains the basis for jurisdiction, lists the legal claims of the plaintiff, and describes the facts giving rise to the lawsuit. The complaint will also include a section in which the plaintiff will specify the type of relief he or she is seeking and the amount of damages requested.
It is important to file a timely complaint since there are time limitations, called statutes of limitations, on when a lawsuit can be filed following an accident. The applicable statute of limitations varies depending on the specifics of the lawsuit and a knowledgeable personal injury attorney can help to ensure that your lawsuit is filed in a timely manner.
Defendant’s Answer
After the plaintiff has filed a complaint, the defendant must file an answer within a specified time period. The answer is the defendant’s opportunity to respond to each of the specific claims set forth in the complaint. The defendant may also include counterclaims (claims the defendant asserts against the plaintiff) or affirmative defenses (legal reasons why the defendant should not be held liable for the injury or damages suffered by the plaintiff) in the answer.
If he or she fails to file an answer, the plaintiff will receive a summary judgment, in which the court will award the plaintiff the relief that he or she requested.
Fact Discovery
After the initial court documents are filed, either party may request that the case be dismissed for a variety of reasons. If the case is not dismissed or the parties do not settle their dispute, the lawsuit will enter the discovery phase of litigation. During the discovery phase, each party has an opportunity to question the parties and witnesses of the other side. The parties may also request documents and other information regarding the accident or incident giving rise to the lawsuit.
Settlement or Trial
Oftentimes parties will settle their dispute during the discovery phase of the lawsuit, but if they are unable to reach a settlement, the case will proceed to trial. Because a personal injury trial is a complex legal proceeding, it is crucial to have a skilled and experienced personal injury attorney in your corner. The Chicago, Illinois personal injury attorneys at Steinberg, Goodman & Kalish have represented countless clients in complex personal injury lawsuits and we have the experience necessary to pursue your personal injury lawsuit through trial, if necessary.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
If you have been injured in a personal injury accident, such as an auto accident or trucking accident, or have been the victim of medical malpractice, you are likely hurt, angry and confused. In addition to recovering physically and emotionally from the accident, you may be facing mounting medical bills and a loss of income due to the inability to work. You may be entitled to compensation following a personal injury accident and a knowledgeable personal injury attorney can advise you of your rights and help you pursue any possible legal claims. Before you hire a personal injury attorney, however, there are several important things to consider.
Do I Need a Personal Injury Attorney?
If you are considering whether to hire a personal injury attorney or to handle your claim on your own, you may wish to ask yourself the following questions:
- Do I have thorough knowledge of the applicable personal injury laws and the legal issues involved with my claim?
- Do I have the time and energy to invest in pursuing my claim?
- Have I suffered serious injuries and/or damages?
- Do I have experience dealing with insurance companies and handling the insurance claim process?
Certain personal injury claims involve such complex factual and legal issues that pursuing a claim on your own, without the assistance of a personal injury attorney, is ill-advised. Some examples of claims that typically necessitate hiring a personal injury attorney include medical malpractice claims, birth injuries, construction accidents, spinal cord injuries, and serious auto accidents.
How Much Will a Personal Injury Attorney Cost?
Most personal injury attorneys accept cases on a contingent fee basis, whereby the attorney does not get paid unless the client recovers compensation in the case. The personal injury attorney will receive a percentage of the compensation the client receives in the case. If the client does not recover anything, the attorney does not charge any attorney fees for services provided. The amount of the contingency fee varies from lawyer to lawyer, but most personal injury attorneys charge a contingency fee of approximately 1/3 of the personal injury award.
Where Can I Find a Personal Injury Attorney?
It is highly recommended that you hire a personal injury attorney that is familiar with the laws of the jurisdiction in which the legal claim will be made. The Chicago personal injury law firm of Steinberg Goodman & Kalish is highly familiar with Illinois state laws, as well as applicable federal laws.
You will also want to hire an attorney that has experience handling cases pertaining to your particular situation. For example, if you have been injured in a construction accident, you will want to hire an attorney or law firm that has experience representing clients in construction accidents. At Steinberg Goodman & Kalish, our Chicago personal injury attorneys have experience handling cases involving medical malpractice matters, nursing home abuse and neglect, brain injuries, spinal cord injuries, auto accidents, motorcycle accidents, trucking accidents, mass transit accidents, construction accidents, premises liability, and product liability.
Questions to Ask Your Attorney
Before retaining a personal injury attorney, you may wish to ask the attorney the following types of questions:
- What are your areas of focus?
- Have you handled similar cases before?
- How many attorneys will be working on my case?
- Will you take my case on a contingent fee basis?
- Are there things I should do to help you with my legal claims?
- How will you keep me informed about the progress of my case?
- How long does it generally take for you to respond to my calls?
- Is there someone else in your office to whom I can communicate if you are unavailable?
- How often have you taken a case to trial?
- Have you ever been disciplined by an ethics committee or suspended from the practice of law?
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Continue reading : What to Consider When Hiring a Personal Injury Attorney
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The Illinois High School Association (IHSA) has approved a new policy that enhances safety precautions for high school athletes in the hopes of minimizing the number of concussions and head injuries. The new policy requires that a high school athlete who has been removed from a game or competition be evaluated and cleared by a licensed health care provider trained in the evaluation and treatment of concussions of head injuries before the athlete can resume play.
The previous policy, which was instituted just last year, required that that athletes who left a game with a head injury be cleared by a doctor before returning to the game, but it did not require any follow-up evaluations to be conducted in the days following the injury.
According to IHSA Executive Director Marty Hickman, “The more we learn about concussions, the more we realize the long-term effects of these injuries and how important follow-up is for student-athletes.”
Legislation is also pending in the Illinois Senate that would require written permission from a doctor before a concussed athlete could return to a game (the legislation has already been approved by the Illinois House), and Chicago’s City Council recently passed an ordinance in January 2011 that would remove water and sewer fee exemption status from those schools that allow athletes to compete in sports with concussions.
The impact of concussions and head injuries in sports has come under increased scrutiny in recent years, largely due to reports of the long-term effects of concussions on professional football players. Startling statistics and information about the effects on youth athletes is also staggering. For instance, a recent New York Times article estimated that more than 100,000 young football players are wearing helmets too old to provide adequate protection, and that an estimated 500,000 may be wearing helmets that are potentially unsafe and require critical examination.
If you are concerned about a possibly traumatic brain injury or concussion to your child as a result of high school athletics, you should consider contacting the knowledgeable Chicago personal injury lawyers at Steinberg Goodman & Kalish.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
