North Chicago & St. Louis Injury Updates

Ensuring That Trucking Companies Operate Within Guidelines

Published on: June 19, 2015 | by Seidman, Margulis & Fairman, LLP

Truck Accidents | June 19, 2015

Any collision between motor vehicles can leave victims suffering from injuries. However, when those collisions involve semi-trucks and other commercial vehicles, the results can often be devastating. In some instances, truck accident victims can also suffer catastrophic injuries like the loss of a limb, serious brain trauma and even paralysis.

One truism about modern life is that medical treatments can be enormously expensive for any truck accident victim, regardless of the extent of his or her injuries. Emergency surgeries, MRI scans, hospital stays and rehabilitative therapies are all examples of things that could potentially leave truck accident victims with thousands of dollars in medical bills.

Facts Regarding Electrocutions From Consumer Products

Published on: June 10, 2015 | by Seidman, Margulis & Fairman, LLP

Defective Products | June 10, 2015

Products liability law encompasses the responsibilities that manufacturers of commercially available products have to their consumers. It is generally accepted that a manufacturer should exercise reasonable care to prevent products from being dangerous or defective in ways that could potentially harm consumers.

The Consumer Product Safety Commission is the federal agency tasked with keeping track of dangerous or defective products and then enforcing recalls of those items. In 2009, the CPSC undertook a comprehensive survey of consumer products that had been involved in unintentional and non-work related electrocutions. The survey used a variety of statistics including data going all the way back to 2002. Although these numbers are associated with consumer products, it’s important to remember that not all of them necessarily caused the accidents reported. The following are some of the more important highlights of that report:

Can I Get Workers’ Compensation for a Work-Related Illness?

Published on: June 5, 2015 | by Seidman, Margulis & Fairman, LLP

Work Accidents | June 5, 2015

Many people wrongly believe that workers’ compensation benefits are only available to victims of on-the-job accidents. This is not true. In fact, Illinois has a specific law on the books to protect workers who acquire diseases that arise from their employment. The Illinois Occupational Disease Act sets forth a series of rules regarding workplace illnesses as well as laying the groundwork for what constitutes a valid claim.

For example, there are general requirements for your illness to be considered as having arisen from your employment. It must be apparent to a reasonable person that there exists a causal connection between your injury and the work you performed as part of your job. However, it’s not necessary for you to have foreseen that your work activities would have aggravated an existing condition to the point of disabling you.

Rearview Cameras Protect Kids and Elderly From Backup Accidents

Published on: June 1, 2015 | by Seidman, Margulis & Fairman, LLP

Legal Articles | June 1, 2015

Not so long ago, rearview cameras were a luxury add-on for high-end vehicles, and not long before that they were entirely unheard of. Today, however, it is common for new passenger vehicles to be equipped with this potentially lifesaving technology, and in the years to come it will become mandatory nationwide. New federal regulations will require backup cameras in all new cars, minivans, SUVs and some light trucks by May 2018.

According to the nonprofit safety organization KidsAndCars.org, U.S. emergency rooms treat nearly 50 injured children every week due to backover accidents, and an average of two children per week die as a result of their injuries. In Illinois alone, 27 children were killed in backup accidents between 1990 and 2012, and hundreds more suffered serious nonfatal injuries. A vast majority of the children injured or killed in backup car accidents are under the age of five, although older kids and adults – particularly the elderly – are also affected.

Medical Malpractice Can Come In Many Forms

Published on: May 26, 2015 | by Seidman, Margulis & Fairman, LLP

Medical malpractice | May 26, 2015

If a hospital visit has left you or loved one with end of unexpected injury or illness, there are a few things you should know. Most of us have a general understanding that health care workers have a duty to exercise reasonable care when treating patients. Generally, those standards of care are established by what other health care professionals would consider necessary and appropriate for each situation. For example, a doctor who performs surgery on the wrong part of a patient’s body would not be performing his or her duties in accordance with generally accepted medical practices.

It’s important for you to know that these standards of care also extend to all manner of medical services. This is true regardless of whether you are a patient living in a nursing home or a parent seeking help with the delivery of your unborn child. Health care workers can also commit medical malpractice when they create pharmacy errors, fail to properly diagnose their patients and even when they administer improper amounts of medications.

Illinois Senator Looking Into Truck Safety After Key Accident

Published on: May 12, 2015 | by Seidman, Margulis & Fairman, LLP

Firm News | May 12, 2015

A federal safety agency tasked with overseeing the commercial trucking industry is now under review. News sources have reported that Illinois Sen. Dick Durbin has called for an examination of how the Federal Motor Carrier Safety Administration is handling proposed measures aimed at identifying key issues regarding commercial truck safety and intervening on behalf of the public.

The impetus for the scrutiny of the federal watchdog can be traced back to a tragic January 2014 crash that involved a fatigued truck driver. That accident occurred near Aurora, Illinois, along Interstate 88 and claimed the lives of a state trooper and an Illinois Tollway worker. Reports say that emergency vehicles had stopped for a disabled truck along Interstate 88 when the fatigued driver smashed in to those stopped vehicles. A news agency investigation discovered that although the FMCSA initially ordered an investigation into that accident, the agency failed to follow through with their inquiry.

How Illinois Laws Protect Children From Dangerous Products

Published on: May 8, 2015 | by Seidman, Margulis & Fairman, LLP

Firm News | May 8, 2015

There is nothing more precious to any parent than their children. That’s why the Illinois legislature took the extra step of drafting laws specifically designed to protect some of the most vulnerable members of our society. The Illinois Children’s Products Safety Act was created to hold individuals and businesses accountable for introducing unreasonably dangerous products into the marketplace.

In particular, the CPSA protects children ages 9 and under from defective products such as cribs, beds, car seats, high chairs, strollers, toys and other so-called “children’s products” that are specifically intended or designed by children under the age of 9. The CPSA grants the Illinois Attorney General’s office, and private individuals in some circumstances, the authority to go after manufacturers who fail to take reasonable measures to prevent dangerous products from getting into the hands of the end consumer. Typically, this is a parent who purchases children’s items or toys for their kids and has no interest in reselling the items.

Don’t Wait on Your Illinois Workers’ Compensation Claim

Published on: April 29, 2015 | by Seidman, Margulis & Fairman, LLP

Firm News | April 29, 2015

Workplace accidents usually catch workers totally unprepared for the loss of income they will suffer. Due to the recent economic downturn and other events, many workers are living paycheck to paycheck. The sudden loss of the ability to earn a living due to an injury can throw a family into spiraling debt as they struggle to recover.

If you have suffered a workplace accident, then obviously your first priority should be to immediately seek out medical treatment. You should also notify your employer just as soon as you can. For your next step, you may want to consider consulting with an Illinois workers compensation attorney. Your attorney can assist you with filing your injury claims.

How Does the Nursing Home Care Act Work in Illinois?

Published on: April 24, 2015 | by Seidman, Margulis & Fairman, LLP

Firm News | April 24, 2015

Health care professionals have a duty to provide an acceptable standard level of care to their patients. Generally, this is understood to mean that health care workers should observe acceptable medical industry practices when treating patients. For example, medical malpractice may have occurred if a nursing home patient is discovered starving or dehydrated due to neglect. This is because providing adequate food and water for patients is considered acceptable medical practices within the nursing home industry.

Here in Illinois, the state legislature actually ratified legislation after becoming concerned about patients receiving inadequate care and being abused in nursing homes throughout the state. Among other things, the Illinois’ Nursing Home Care Act sets forth a patient’s “bill of rights”. Today, nursing home patients in Illinois have a guaranteed right to be free of abuse and neglect by health care workers.

New Technology to Reduce the Number of Car Accident Victims

Published on: April 16, 2015 | by Seidman, Margulis & Fairman, LLP

Firm News | April 16, 2015

Car accidents are an unfortunate reality of our modern lives. We rely on our vehicles to convey us back and forth daily for nearly all of our most important endeavors. Whether you commute to work or take your children back and forth to school, your car is an essential part of your daily routine. Unfortunately, the consequences of the car’s tremendous utility practically ensures that car accidents will inevitably occur. The following are some technological innovations aimed at reducing the number of car accident victims:

— Next generation electronic stability control. Since 2012, the government has required vehicle manufacturers to equip all new vehicles with ESC. This important innovation is hailed by some as the most important advancement in vehicle safety since the debut of the safety belt. ESC works to keep vehicles stable by selectively applying the brakes to one or more wheels, thus preventing some cars from sliding out of control.

Seidman, Margulis, & Fairman Blog