Recent Case Results
(Photo credit: 7mary3)
Reducing auto accidents may be as simple as using your turn signal, according to a new study. Although distracted driving is blamed for many car accidents, the real culprit may actually be the failure of drivers’ to use their turn signal. According to a study conducted by the Society of Automotive Engineers, nearly 2 million accidents a year are caused by drivers’ failure to use a turn signal.
This MSNBC article states that research shows that more than twice as many accidents are caused by drivers who fail to use their turn signal than distracted driving. In fact, drivers fail to use their turn signals nearly half of the time they change lanes, and a quarter of the time that they make a turn.
“This is a first of its kind report on a subject that amazingly, has never been studied,” said Richard Ponziani, P.E., President of RLP Engineering and author of the report said in the MSNBC article.
Despite the relative ease of using turn signals, drivers often fail to comply with traffic rules regarding their appropriate use. Ponziani argues that drivers must share on ongoing responsibility for using turn signals, “just as they have a duty to stop at a stop sign or at a red light.”
Some also suggest that the lack of turn signals epidemic is exacerbated by the fact that the police put much less effort into enforcing turn signal laws than other traffic laws, like speeding and red light violations.
Ponzini promotes the “Smart Turn Signal” system – a mechanism that would automatically shut off a turn signal by timing out after a set delay or detecting when a vehicle has finished changing lanes – as “the perfect complement to the Stability Control System since Stability Control predominately prevents single-vehicle crashes, whereas the Smart Turn Signal prevents multi-vehicle crashes.”
At Steinberg Goodman & Kalish, our skilled Illinois auto accident attorneys are dedicated to promoting safe driving habits and protecting the victims of motor vehicle accidents. We represent the victims of head on collisions, rear end collisions, motorcycle accidents, drunk driving accidents, and distracted driving accidents.
Contact the experienced Chicago auto accident attorneys at Steinberg Goodman & Kalish today to schedule your free consultation to learn more about your rights following an auto accident.
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.
(Photo credit: Wikipedia)
Mixed data reported by the U.S. Centers for Disease Control and Prevention (CDC) indicates that children today are safer by some measures, but more at risk by others. According to the CDC, accidental deaths of children decreased 30 percent from 2000 to 2009, which was due, in large part, to the decline in traffic deaths. According to the CDC’s report, the reduction in motor vehicle deaths is due to factors such as child safety improvements, increased booster seat use, and graduated licensing systems for teen drivers.
Despite the decline in accidental deaths of children, there is much work to be done. According to this article, the CDC reports that more than 9,000 young people still die annually from motor-vehicle-related accidents, fires, poisoning, drowning, falls, and other unintentional injuries. In fact, despite the decline, accidental injuries are still the leading cause of deaths for children ages 1 to 19.
Although the CDC saw a 41 percent reduction in traffic fatalities, accidental poisonings actually rose by 80 percent. Approximately half of the victims of the most recent poisoning deaths were teens ages 15 to 19 who overdosed on prescriptiondrugs.
“As promising as the results of the CDC report are, parents and pediatricians need to work to prevent each and every injury to children,” Estevan Garcia, director of pediatric emergency medicine at Maimonides Medical Center in New York, told HealthDay. “These injuries are devastating to families and are preventable.”
According to this Health Day article, CDC research indicates that the number of deaths due to prescription drug overdoses among teens could be reduced through appropriate prescribing; proper storage and disposal; discouraging medication sharing; and state-based prescription drug monitoring programs.
The CDC report also noted that suffocation rates increased by 54 percent among infants less than 1 year old, which could be curbed by following the American Academy of Pediatrics’ safe infant sleeping environment guidelines, which recommend that infants sleep in safe cribs, alone and on their backs, with no loose bedding or soft toys.
Child injury death rates varied substantially by state in 2009, with less than five deaths per 100,000 children in Massachusetts and 23 deaths per 100,000 children in New Jersey and more than 23 deaths per 100,000 children in South Dakota and Mississippi.
“Every four seconds, a child is treated for an injury in the emergency department, and every hour a child dies as a result of an injury,” Linda Degutis, director of CDC’s National Center for Injury Prevention and Control, said in an agency news release, according to the article.
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.
Most of us will, at some point in our lives, be involved in a personal injury accident – whether we are rear-ended by the driver behind us, we slip and fall on a wet floor at the grocery store, we do not receive the appropriate medical care, or we are bitten by the neighbor’s dog. Some personal injury accidents are relatively minor and the victim recoveries quickly and with minimal expense. Other the other hand, some personal injury accidents can leave a victim seriously injured, unable to work, and facing mounting medical bills and loss of income.
Courtroom in in . The Classical Revival courthouse was built in 1890, and is listed in the . (Photo credit: Wikipedia)
It is important that you understand your rights if you have been in a personal injury accident, such as an auto accident, trucking accident or medical malpractice. The following explains what you should know if you are in a personal injury accident:
- Get medical attention as soon as possible. It is important to retain all copies of medical bills and receipts since they can be crucial to proving the extent and nature of your injuries, as well as the amount of damages to which you may be entitled.
- Call the police, if necessary. In some personal injury accidents, it will be necessary to call in the police. In other situations, the police may not be necessary. For instance, if you are in a car accident or you are bitten by an animal, the police should be called immediately. On the other hand, if you are the victim of medical malpractice, you may not need to notify the police.
- Whether the police are involved or not, you must document the accident and preserve evidence. If the police are involved, make sure that the police report contains accurate and necessary information. If the police are not involved, you should document the accident as soon as possible by writing down all pertinent information. You may also want to take photos of the scene of the accident or any damages. Make sure to save all medical bills and receipts, and retain copies of your medical records.
- Hire 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.
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.
Person using cell phone while driving. (Photo credit: Wikipedia)
The Illinois House of Representatives passed a bill last week that would ban all cell phone use while driving in the State of Illinois, unless the driver is using a hand-free device. The bill passed the House by a vote of 62-53 and now goes before the Illinois Seneate for consideration.
According to this article in the Huffington Post, the bill would exempt use of two-way mobile radios and calls made in emergencies. Violators would face a moving violation and a $75 fine for their first offense.
“If we want to get serious about stopping distracted driving and saving lives on the roadway, there needs to be a severe penalty involved,” the bill’s sponsor, state Rep. John D’Amico (D-Chicago), told the GateHouse News Service of the proposal.
Currently, Illinois and Chicago laws and ordinances prohibit the following use of electronic devices while driving:
- Drivers under the age of 19 are prohibited from using wireless phones (with or without hands-free devices) while driving.
- All drivers are prohibited from text messaging, emailing, and using the Internet while driving.
- Drivers are prohibited from using cellular phones in school speed zones and construction/road maintenance zones.
- In Chicago, all drivers talking on mobile phones must use hands-free devices.
Evanston is considering taking a more stringent stance on cell phone use while driving by considering a ban on all cell phone use while driving, including hands-free devices, according to the Chicago Tribune. If approved, Evanston’s ban would be among the strictest laws in the country on cell phone while driving.
The ban is not without critics, however. State Rep. Jim Durkin (R-Countryside) has said that he voted against the proposal because he would like to see additional exceptions to the ban, including those situations in which “someone is actually in harm’s way, or if they’re lost or if they’re trying to navigate out of a high-crime area.”
As we earlier reported, the National Transportation Safety Board (NTSB) is calling for a nationwide ban on texting and making phone calls while driving. The NTSB’s recommendation specifically asks all 50 states and Washington D.C. to ban all nonemergency use of cell phones and other portable electronic devices for all drivers.
Texting and talking on a cell phone while driving can be incredibly dangerous, causing auto accidents and trucking accidents. In 2009, nearly 5,500 fatalities and 500,000 injuries resulted from crashes involving a distracted driver, according to the NHTSA.
If you are the victim of a personal injury accident, such as an auto accident or medical malpractice, you have legal rights to recover for medical expenses, lost wages, and other damages. If you are an undocumented worker or an illegal immigrant, you may wonder how you can pursue these legal rights. It is essential to consult with knowledgeable personal injury attorneys in order to understand your legal rights and how to proceed in order to protect those rights.
The Chicago personal injury lawyers at Steinberg Goodman & Kalish have significant experience representing clients in complex personal injury matters, including auto accidents, medical malpractice, wrongful death, product liability, and slip and fall accidents. If you are an illegal immigrant and have been injured in an accident, do not hesitate to contact our office to learn more about you legal rights to recover for your injuries and damages.
Victims of personal injury accidents are often confused about whether they are entitled to recover for his or her damages, and if so, the amount of the recovery that may be available. It is important that all personal injury victims – including undocumented workers and illegal immigrants – understand the personal injury lawsuit process before making any important legal decisions. Accordingly, it is essential to consult with a knowledgeable personal injury attorney, like those at the Chicago personal injury law firm of Steinberg Goodman & Kalish, and there are a number of factors to consider when consulting with an attorney. If you are an illegal immigrant, it is also important to hire a personal injury attorney who is sensitive to your immigration status.
It is essential that any personal injury attorney representing a plaintiff that is an illegal immigrant attempt to prevent the introduction of any prejudicial evidence in advance of the trial. Attorneys can help to prevent the introduction of prejudicial evidence by filing motions in limine to bar any evidence or arguments regarding the immigration status of the plaintiff, or any other witness in the case.
Victims of personal injury accidents may be eligible to receive compensation for medical bills, loss of income, permanent disability, emotional distress, pain and suffering, property damages, and other injuries. Although personal injury victims are generally entitled to recover lost wages, but in the case of illegal immigrant plaintiffs, the recovery of past lost wages may be difficult to obtain. Future lost wages may be recoverable, however, since an undocumented worked could obtain legal status or return to his or her own country to work if not for the injury.
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.
Tort reform initiatives are gaining momentum. As we have reported, several states are currently considering various tort reform initiatives that would cap the amount of damages that plaintiffs can recover in certain personal injury lawsuits, such as those involving allegations of medical malpractice. The latest state to introduce tort reform legislation is Pennsylvania. The proposed Pennsylvania legislation specifically targets Philadelphia, which has been has long been maligned by defendants in the personal injury lawsuits.
Currently, plaintiffs are allowed to litigate their claims in Philadelphia from anywhere in the state, but under the proposed bill, Pennsylvania’s local courts could only hear personal injury cases when the plaintiff is a resident, a corporation is locally headquartered, or the incident occurred in that district.
Pennsylvania is also seeking to reform the way the state handles joint and several liability in personal injury actions. In June 2011, Pennsylvania limited joint and several liability damages to a defendant’s share of the verdict if the defendant was less than 60% liable. Previously, plaintiffs were allowed to recover for 100% of their award from any defendant, even those who were minimally liable.
Other state governments that are considering tort reform include Tennessee, Virginia, North Carolina and Texas. For instance, Texas governor Rick Perry wants to limit non-economic damages, such as pain and suffering, at $250,000 in medical malpractice lawsuits against doctors and $750,000 for medical malpractice lawsuits against hospitals. Proponents of tort reform believe that limiting recovery in medical malpractice cases will help the nation’s health care system by reducing malpractice insurance costs for doctors and health care providers. Gov. Perry’s personal injury reform initiatives in Texas began in 2003 with the passage of legislation that limited the amount of money a plaintiff could receive in a medical malpractice lawsuit.
Tort reform initiatives, such as those that seek to impose damage caps, face a number of hurdles, however. Caps on damages may be deemed unconstitutional since the Seventh Amendment guarantees the right to a trial by jury in civil cases based on common law, which imposes no caps on civil trial damage awards by juries. Moreover, medical malpractice tort reform undoubtedly hurts patients and the public by failing to hold doctors, hospitals and other medical professionals financially responsible for their injuries or deaths that they have caused. As we recently reported, the vast majority of personal injury lawsuits are not frivolous. In fact, a study conducted by the Harvard School of Public Health analyzing more than 1,400 medical malpractice claims concluded that the majority of medical malpractice claims were meritorious and involved “injuries due to error,” with 80% involving death or serious injury.
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.
A new Illinois law that took effect January 1st effectively requires every backseat passenger to use a safety belt, with a few limited exceptions. Previously, only backseat passengers 19 years of age and under were required to wear seat belts.
The new law is aimed at preventing auto accident deaths and serious injuries. In 2009, Illinois saw 38 passengers who were not wearing seatbelts while riding in the backseat lose their lives when they were in an auto accident. Nationwide, 1,095 backseat passengers not wearing seat belts died in 2009, according to the National Highway Traffic Safety Administration. According to the Centers for Disease Control and Prevention, seat belts reduce serious crash-related injuries and deaths by approximately 50 percent.
A recent Chicago Sun-Times article highlights the risks of riding unrestrained as a passenger in a motor vehicle – whether in the backseat or front seat. Like front seat passengers, unrestrained backseat passengers can suffer head, chest and abdominal injuries in the event of an auto accident.
Backseat passengers can be “thrown from the vehicle,” according to James Doherty, medical director of trauma and critical care programs at Christ Medical Center in Oak Lawn. Backseat passengers are also at risk of becoming “human projectiles” during a car crash, which could injure or kill others in the vehicle, according to Doherty.
The law exempts passengers in ambulances, taxis, school buses, delivery trucks that make frequent stops and do not exceed 15 mph, and anyone with a physical impairment that makes it difficult to wear a seat belt (such as a broken collarbone or shoulder injury).
The law allows police offers to stop a vehicle if they see an unbuckled passenger. Offenders face fines starting at $25, which could amount to more, depending on court costs.
Drivers are reminded that children younger than 8 are required to be properly restrained in a child safety seat and children 12 and younger should ride in the back seat.
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.
Asbestos is a naturally-occurring mineral that is used to make insulation. The inhalation of asbestos fibers can be incredibly toxic and can lead to lung cancer, mesothelioma and asbestosis and a number of other medical problems. If you or someone you love has been exposed to asbestos, you may have rights to recover compensation through a personal injury claim filed against any company that knowing exposed the public or its employees to asbestos. According to according to RAND Corporation, asbestos-related lawsuits make up one of the longest, most expensive mass torts in U.S. history, with more than 730,000 claimants and 8,400 defendants as of 2002.
Asbestos litigation is toxic tort, which is a type of personal injury case that can be filed against a defendant who allegedly knowingly exposed the public or its employees to asbestos. Generally, asbestos-related personal injury claims proceed under common law doctrines that require the plaintiff to prove that his or her medical problems were caused by the negligence of the defendant.
In order to have standing to pursue an asbestos-related lawsuit, a plaintiff must have been diagnosed with an asbestos-related disease. The two most common asbestos diseases are asbestosis, which is a chronic noncancerous lung disease, and mesothelioma, which is cancer of the lining of the lungs that has only been known to be caused by exposure to asbestos.
Asbestos-related personal injury claims must be filed within a certain period of time. These time limits are known as statutes of limitations. Due to the time limitations, it is imperative to contact an experienced asbestos litigation attorney like those at Chicago-based 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.
Winter holidays bring fun and celebration with family and friends, but they can also bring hazardous situations that can cause injuries if you are not careful. Trees, decorations, presents and fireplaces all present numerous hazards this time of year. Below is a list of safety tips to keep in mind during the holidays so that you and your family can have a safe and happy holiday season.
- Choose flame-resistant, flame-retardant and non-combustible holiday decorations.
- Keep candles away from decorations, and do not use candles to decorate Christmas trees.
- Carefully inspect new and previously used holiday lights, and replace damaged items before plugging lights in.
- Keep children and pets away from light strings and electrical decorations.
- Never use electric lights on a metallic tree since the tree can become charged with electricity from faulty lights which could result in electrocution.
- Plug all outdoor electric decorations into ground-fault circuit interrupters.
- Turn off all lights when they cannot be monitored.
- If there are young children in the home, avoid using breakable decorations or those with sharp edges.
- When cooking, keep an eye on the stovetop as cooking is the leading cause of home fires in the country.
- Make sure that artificial trees are labeled “fire-resistant.”
- Place trees away from fireplaces, radiators and portable heaters.
- Be sure to keep trees well-watered so that they don’t dry out.
- Use a heavy tree base so that the tree won’t tip over easily. You may want to consider temporarily affixing the tree to the wall or other immovable object.
- Before lighting a fire in a fireplace, remove all greens, papers and other decorations from the surrounding area and make sure that the flue is open.
- Never burn wrapping paper in a fireplace as a flash fire can result when wrappings ignite suddenly.
- Keep poinsettias out of the reach of children and pets, as they are known to be poisonous to humans and animals.
- Avoid using tinsel as children and pets may ingest it and choke.
- Keep ribbons shorter than 7 inches to avoid choking hazards.
- Avoid mittens with strings as children can get the string tangled around their neck.
- Do not leave children or pets unattended around space heaters or fireplaces.
- If you plan to travel for the holidays, don’t discuss your plans with strangers and arrange for a trusted friend or neighbor to check in on our home while you are away.
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.
