Recent Case Results
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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. The NTSB is also recommending that states use the National Highway Traffic Safety Administration (NHTSA) method of high-visibility enforcement to support such bans, and that states implement targeted communication campaigns to inform motorists of the new laws.
“According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents,” NTSB Chairman Deborah Hersman said in a statement. “It is time for all of us to stand up for safety by turning off electronic devices when driving. No call, no text, no update, is worth a human life.”
In the last several years, the use of cell phones and personal electronic devices has exploded, according to the NTSB. Globally, there are 5.3 billion mobile phone subscribers, which accounts for 77 percent of the world population. Nationwide, the percentage of cell phone users is even higher, exceeding 100 percent.
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. The NTSB’s recommendation is based on the investigation of several accidents caused by the use of electronic devices in recent years, including:
- A 2002 motor vehicle accident in 2002 that occurred after a driver “distracted by a conversation on her cellphone” crashed and killed five people in Largo;
- A 2004 bus accident on the George Washington Parkway that injured 11 high school students;
- A 2008 commuter train collision with a freight train in Chatsworth, California, in which 25 people were killed and dozens were injured; and
- A 2010 boating accident in Philadelphia that killed two tourists.
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.
Source: Washington Post
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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