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The Quad Cities truck accident on Interstate 80 on Monday evening illustrates how easily everyday driving can turn deadly. The truck wreck involved two private vehicles and two tractor-trailers, and proved fatal for two individuals, one from each of the private vehicles. Media outlets have released information about the victims: a local woman from Milan, IL and a man from the Chicago suburb of St. Charles, IL.

That the two fatalities were in the private vehicles rather than the tractor-trailers is no surprise to Quad Cities truck accident lawyers: when truck meets car, truck usually wins. News footage and photos of the involved vehicles is breathtaking, and the truck crash has been called “fiery.” Police report that the incident occurred on the Illinois side of the Mississippi, in the eastbound lane of I-80. It appears that the ongoing I-80 road construction was a factor in the accident, as both private vehicles were struck from behind by the semi-trailers while waiting in slowed or stopped traffic approaching a construction zone. These types of fatalities are all too common in truck accidents. Read full entry and feel free to comment »

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Chicago accidents happen every day and impact not only accident victims, but their families and loved ones. Often, such accidents will create additional waves of influence, as a pebble dropped into a pond, its ripples spreading. The accident affects the victim, spreads to relatives and loved ones, bystanders, perhaps officials or authorities (police, medical, etc), and on and on.

It is not uncommon for Chicago accidents to eventually spread to Chicago accident law firms and civil courts. As it may take time for the ripples created by a pebble to find their way to the lillies that lay across the water close to the shore, so it may take days or weeks for an accident to affect a Chicago accident law firm, and perhaps months until the civil court system is, in  turn, impacted.  Most accidents take only a split-second to occur. And yet, they will likely continue to exert an influence in the community for weeks or months - something which seems hard to fathom in the surreal moments surrounding the actual accident.

But it is important not to lose sight of the influence of time when dealing with a Chicago accident and a Chicago accident law firm. Most types of accidents offer only limited time to act and file a case.  After your accident, as its influence begins to radiate from center out into your life, and the days and weeks pass, it is critical to realize the need to contact a Chicago accident attorney and explore your legal options.

Most Chicago accident law firms offer free initial consultation for your case. Clearly, there is no harm in exploring your options: there is nothing to lose and much to gain. Don’t let the opportunity to act expire.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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It has a Wikipedia entry. More than that, it is symbolic of our perception of a “lawsuit culture,” riddled with frivolous cases and claims, spurred on by greed and predatory Chicago personal injury attorneys.

In truth, the Liebeck v. McDonald’s Restaurants case, also known as the “McDonalds coffee case,” has been misinterpreted and misrepresented since it appeared on the public scene in the mid-90’s. The basic facts are not in dispute: Stella Lebeck, 79, spilled a $.49 cup of coffee into her lap just minutes after purchasing it in the drive-through lane. She recieved 3rd degree burns requiring skin grafts, whirlpool treatments, and other extreme medical measures, incurring approximately $11,000 dollars in medical expenses. She asked McDonald’s to pay for her medical bills. When they would offer no more than $800 (less than 1/10 of the total medical expenses), she eventually filed a lawsuit and was eventually awarded $2.86 million by jury. The judge in the trial reduced the amount to $640,000. In the face of an appeal, Liebeck and McDonald’s settled privately for an undisclosed sum. The case has since become the stuff of legal legend.

It seems to fly in the face of American individualism, self-respect, -sufficiency, and -responsibility that an individual could hold someone else accountable for his/her clumsiness and self-injury. This argument does hold water in many cases and, thankfully, the world of lawsuits against newspaper publishers for paper cuts or against furniture manufacturers for stubbed toes has not come to pass. Perish the thought - every Chicago accident attorney shudders at the possibility.

But are these hyperbolic examples substantially different from Liebeck? Yes and no. In truth, either side can be and has been effectively argued, but here let’s illuminate the side usually NOT heard. The McDonald’s coffee case involves much more than a clumsy person scoring a windfall through dubious and exploitive legal tactics.

1)  McDonald’s coffee is served at least 20 degrees hotter than at other restaurants.

2)  Over 700 incidents of coffee burns have been settled by the McDonald’s Corporation, and yet not policy change or consultation to address the problem has been taken.

3)  During the Liebeck case, a quality assurance manager at McDonald’s testified that the company was aware of the risk of serving dangerously hot coffee .

4)  The incredible monetary award initially assigned by the jury in the case was largely punitive - that is, it was meant to punish McDonald’s for “willful, reckless, malicious, or wanton conduct,” rather than to compensate Liebeck for $2.7 million worth of pain and suffering. 

5)  Reports indicate that McDonald’s continues to keeps its coffee substantialy hotter than other restaurants. At approximately 185 degrees, third degree burns (the most severe type) may occur two to seven seconds. 

It is in the best interest of everyone to learn from this situation - not dismissing it out of hand or allowing the pervasive public assessment to obscure an intelligent, independent assessment of the facts. This type of assessment is crucial to success in any Chicago personal injury case; don’t settle for anything less in your legal representation.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or receive a FREE online case evaluation from a Chicago accident attorney. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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Contacting a Chicago personal injury attorney, it is almost certainly that you are responding to an event - most likely a significant event - in life. You, or a loved one, has been injured.

Making the phone call to your Chicago personal injury law firm is the correct thing to do. Access to the experience, integrity, and expertise of your accident attorney provides an advantage for you case that you just can’t afford to let pass.

But what of the legal representation and service you expect to receive? Do you hope for timeliness or thoroughness from your legal counsel? Imagine that you have made contact with your Chicago injury law firm. You have stated details in your case. At this point, your lawyer could take a few days for study and research regarding relevant precedent, past decisions and cases, and applicable statutes and laws. After this, he or she could then get back to you with what would surely be a thorough report. But what of this wait of few days or a week? Is this what you want? Can the injured person afford it?

The alternative is that your Chicago personal injury lawyer could respond immediately. This involves drawing from personal practice experience and legal instinct rather than books and study. This amounts to offering the best advice available from memory in that moment. This makes possible quick and timely action, but may require a trade-off in ultimately less thorough information.

So, for your Chicago personal injury case, which is best? In fact, the answer is apparent and clear. For your case, the best option is BOTH.

However, to receive both, you will need exactly the type of personal injury law firm that understands the importance of BOTH timeliness and thoroughness. An effective legal strategy and preparation requires both in the approach to each and every case. Spur-of-the-moment legal assessment and advice regarding your case is, at best, haphazard; yet, waiting for a week or more for any feedback on a legal situation/potential case is no better. In short, it likely means that you might as well look for someone else.

The mark of a good Chicago accident law firm is the creation of a balance between these two - timeliness and thoroughness - in operation. Every case, no matter how “routine,” calls for some degree of research. It is simply necessary to provide a response that is well-informed and accurate. While this takes time, allowing too much time to slip past is just as detrimental to your case’s overall health. Trust in your Chicago personal injury law firm to maintain both these aspects of legal practice in mind and in balance.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial Chicago personal injury law firm consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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Too often in personal injury law, Chicago accident attorneys witness people with legitimate and substantial accident injury making mistakes: and then being unable substantiate their Chicago accident case. This results in the tragedy of a victim not receiving the compensation and justice he or she is due. Familiarize yourself with these common mistakes to protect YOUR case:

1. Failure to Seek Medical Attention Immediately after an Accident/Traumatic Event: Most states stipulate that the accident victim bears the responsibility of proving that they were injured in an accident or incident. Proving this becomes more difficult if you do not seek medical attention after the event - insurance companies and juries will believe that this must be a sign that you were not significantly. In short, if you were not hurt badly enough to be treated, you were not hurt badly enough to be compensated. A second reason to seek medical attention is that accident injuries sometimes arise only after days or weeks have passed, but may be detect by the doctor if examined shortly after the accident.
2. Being Dishonest (or Short of Totally Honest) with Your Doctor About Medical History and Personal Habits: The accuracy of your diagnosis and treatment depends on your honesty with your doctor. However beneficial to you or your case it may seem at the time, any dishonesty (white lie) when exposed in court, will seriously weaken you credibility and therefore your case. If your doctor bases his diagnosis on false or incomplete information, the diagnosis can be called into question and rejected insurance companies and courts. You can be sure that any dishonesty will catch up with you, and potentially destroy your case.
3. Talking About Lawsuits, Your Lawyer, or Legal Advice with Your Doctor: It may seem a good idea to speak with your doctor about your case - his/her diagnosis/opinion WILL have bearing on it - but it’s not. Knowledge of legal implications of diagnoses can only cloud and complicate the practice, potentially negatively impacting your care and your case. To further deter you, remember that what you say in confidence to your doctor is NOT protected information once you have filed a personal injury claim.
4. Being Late or Missing Medical Appointments: This is similar to number one - if your medical records reflect a pattern of missing appointments, you commitment to your treatment as well as the severity of your injuries can be called into question. Always give 24 hours notice to reschedule an appointment.
5. Failure to Have Your Pain Documented Accurately in Your Medical Records: Pain is invisible to everyone but you, and must be substantiated in your case by someone other than you. Your medical records need to document your experience of pain due to your injuries, and for this to happen you must tell your doctor about your pain. Keep a daily record/journal of your pain and share it with your doctor so it can be officially documented. Do not exaggerate, but do not downplay either.
6. Failure to Inform Your Doctor of the Effect of Your Injury on Your Work: Again, just because you know that your work has been effected, doesn’t mean that the insurance company or jury will know it. If they read about it in your medical records, it is suddenly really and substantiated. Share this information with your doctor, keeping track of it as you do your pain - in a record or journal so you don’t distort (for better or for worse) your experience)
7. Not Taking Medications as Prescribed: This is a problem for patients outside of personal injury cases as well, bt stopping your medication early, taking it sporadically, or otherwise not heeding the directions compromises your health and your case. Share valid reasons for modifying your medication (side effects, interactions) with your doctor.
8. Ending Medical Treatment Too Soon: Insurance companies and juries interpret your termination of treatment as a sign that your injury must be healed. They are also prone to interpret large gaps between treatments as a sign the one injury has healed and the second treatment must be for a different, unrelated injury.
9. Failure to Follow Treatment Recommendations Due to Depression or Anxiety: Pain and/or disability are common causes of depression or anxiety. These conditions are treatable, but only if you share the symptoms with your doctor. Sharing with your doctor is also the only way to substantiate these conditions in your medical record. This is important, as “pain and suffering” often figure prominently into accident and personal injury cases.
10. Failure to Create and Maintain a Personal Medical File: It is essential that your lawyer know all of your medical care providers and every procedure that you have done after an injury. It is equally important to keep track of doctors’ orders, treatments, referrals, and work restrictions. This information is most easily managed by keeping a medical file on yourself.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call a Chicago accident attorney at 1-866-843-7367. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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Construction work is, by nature, dangerous work. Chicago construction accidents, while in no way routine, are an undeniable part, or perhaps side effect, of the work itself. The scale of the average construction project, as well as the machines and materials that go into them, make human injury and casualty, unfortunately, all but inevitable. This is not new, but has in fact been true for millenia, in construction projects from the pyramids to skyscrapers.

That said, the simple truth that Davenport construction injuries do occur should not resign us to them, either in the sense of vigilant prevention  or pursuit of rectification. Any and all parties with involvement in any construction site or project share the weight of responsibility for safety of each other, a responsibility which extends up and down the hierarchical chain of supervision. The standards and procedures of safety are fluid, evolving over the course of time. Consider old, black and white photos of construction projects in the past: workers on steel frameworks like tightrope walkers, unharnessed, at dizzying heights.

One particular advantage found in the intimacy in the understanding of construction work and its inherent risk by those very workers who do it, is that techniques - design and construction - tend to progress and evolve beside their own safety procedures. That is, as innovation and invention occur within the industry, those developers are aware of the need for safety procedures to go hand-in-hand with any innovation.

However, safety procedures or not, in many construction projects, it is true to say that materials alone can carry significant risk simply by their volume, weight, and awkwardness. It is unavoidable.

No one knows this better than Chicago construction accident lawyers, who are in possession of the background and experience necessary to litigate with ease and confidence. Substantial precedence and legal history regarding construction accident law exists. A Chicago construction accident law firm - a good one, at least - has on its staff attorneys who know the law and how best to counsel those affected by construction accidents.

Any party involved in a construction site - coworkers, supervisors, contractors, subcontractors, even manufacturers (in the form of defective or faulty equipment) - may be responsible for incompetence or negligence that results in injury. In all cases, the injured party has on his/her side the legal history and precedent of construction accident law.

If you or a loved one has suffered an injury or death, call a Chicago construction accident law firm, VanDerGinst Law, at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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The new year is always about beginnings and endings. The double entendre of “resolution” sums it all up rather nicely: wrapping up and putting to rest the old while planning for and committing to the new: both what was and what will be. And who is to say what the new year will bring us in the field of personal injury law and especially dangerous drugs - it seems that each year brings more and more cases of unsafe and even hazardous drugs released into the market. Whatever the reason for these drugs’ release (intent, neglect, or chance), the pain they cause in families across the country is unmistakable. Class action lawsuits often result, as, more often than not, a drug released nationally or internationally will affect enough individuals that legal action as a group is warranted.

Qualified Chicago medical malpractice attorneys are some of the best authorities on the legal precedence and history of such cases. All patients should trust their treating physicians, but should also trust their own body’s signals. If you are taking a medication and are experiencing anything odd or out of the ordinary, do not hesitate to speak with your doctor. Additionally, consultation with a pharmacist may be useful, and these professionals often have greater direct experience with medications that the physicians prescribing them.

Dangerous drugs, along with hazardous products, are legally covered by personal injury law. Product law (which covers drugs) is especially strict in holding manufacturers and retailers accountable for any negative effects experienced due to use of their products. “Strict liability” means that neither intention nor neglect need be proven: the simple fact that injury occurred due to product use is enough to support liability.

Of course, manufacturers/retailers are already cautious and responsible about the release of their products. The oversight of government agencies offers further protection. And yet, still dangerous products slip through. The consumer must be vigilant, informed, and careful. If you experience the harmful effects of medication or other drugs, the first step is to seek medical attention as needed.

If you or a loved one has suffered an injury, illness or death after exposure to a dangerous pharmaceutical, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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Disability has import across many aspects of modern life. Chicago Workers Compensation is one such form, in which a gainfully employed worker becomes disabled due to an injury at work or as a result of actions/responsibilities at work (in the latter case, this may refer to conditions which develop over time, perhaps undetected until years after leaving the job in question). Disability is usually categorized by severity - partial or total - and duration - temporary or permanent. These aspects of Chicago disability (severity and duration) may be combined in all possible ways: partial temporary disability, total permanent disability, total temporary disability, etc.

In the context of employment and Social Security benefits, disability does not refer - directly, at least - to the severity of the medical condition. Rather, disability a measure of the (loss of) ability to perform particular functions. Regarding employment, then, Chicago disability is the degree to which the ability to perform employment functions are affected.

We can see how this measurement takes into account the severity of the medical condition, but is not directly correlated with it. It is likely that a more severe condition will lead to a more severe degree of disabilty, but not always. For example, consider two medical conditions: a broken arm and terminal cancer. The disparity in severity between these two conditions is immediately striking, but what can we say about their translation into disability?

A broken arm is clearly a disability in many jobs - virtually any job that involves use of the arm or hand. This would apply to physically-oriented jobs such as a line worker or auto mechanic, but also to high tech jobs, such as a computer programmer or graphic designer, whose keyboard skills would be significantly impaired. Additionally, the ability to get to and from work might very well be affected, as a broken arm could have serious implications on driving.

Terminal cancer, as it applies to disability, is a different, less obvious matter. While some forms are very symptomatic and crippling from the onset, just as common are forms which, while detectable by medical tests, have virtually no impact on functioning until the final weeks or months. In this way, terminal cancer may not qualify an individual for disability.

This is surprising and seems somehow unfair, but to come to such a conclusion is to misunderstand the pragmatic nature of disability law. By narrowing the definition of disability to include only applied capacities, any subjective aspects and burdens of determining which of any number of terrible medical conditions is “worse” are eliminated. The determination is made on one simple criteria, the same criteria by which the individual in question has been judged on his/her job duties long before the questions of disability arose: can he/she do this job?

If you or a loved one has suffered an injury, illness or death that prevents you from working, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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When pursuing a Chicago personal injury claim, it is almost certain that you will encounter difficulties, in one form or another. The type of case, degree and nature of the injuries which resulted from the incident or accident in question, as well as the very logistics and procedures in filing your case may all have influence. Clearly, then, it is extremely beneficial to be familiar with some of the basics of personal injury claims.

Look through the following and see if you can tell what is true and what is false.

True or False? You must go to court to receive compensation for your injuries.

False: The court system is not the only way to obtain compensation. In fact, it should be considered something of a last resort. The reality is that most personal injury claims do not make it as far as litigation; most cases are settled privately instead. Plaintiffs and insurance companies prefer this, as it is cheaper and more cost efficient for all involved.

True or False? Personal injury claims are complicated and time-consuming.

False: For the most part, cases are settled within about 12 months. It is true that cases can be drawn-out - particularly those with liability as a central issue - but this is far from the norm. In addition to liability, the other most common complicating factor is a serious and severe injury. If you are looking to minimize the incidence of delays, and complications, be sure to hire a competent personal injury attorney, who will keep your case on track.

True or False? Always solicit legal advice (from a licensed attorney) in any insurance company negotiation.

True: Simple economics means that it is in the interest of insurance companies to settle for less money. To ensure that this motivation does not lead to your settlement being less than you deserve, always consult a Chicago attorney.

True or False? Awards for damage (compensation) are just: you will receive what you deserve and should not approach a case looking for easy money.

True: Though this is in opposition with popular culture, it is true. Whether your compensation is negotiated as a settlement or awarded by the court, it will be based directly on your financial and non-financial (e.g. pain and suffering) damages.

True or False? Personal injury litigation creates a “compensation culture,” a society with unhealthy feelings of entitlement and a propensity toward suing.

False: While it cannot be denied that offering all citizens a path of recourse in the event of genuine injustice opens the door for others to attempt abuse on the system, the actual amount of abuse is greatly exaggerated in the popular media. It is a small price to pay to preserve justice for those with true claims to compensation.

True or False? If a worker who is injured on the job files suit against his/her employer, he/she is protected by law from retaliation (e.g. being fired).

True: Without question, in such cases the law is firmly on the side of workers. However, too often this is not know by wronged workers, who then choose not to pursue litigation for fear of being fired.

True or False? To win your personal injury case, you must not pursue medical treatment of your injuries until the case is settled.

False: Not only is it illogical to prioritize litigation above physical and emotional treatment and recovery after an injury, but, ongoing, regular medical treatment will actually create expert documentation of the injury and necessary treatment, which will likely be of use in your case.

True or False? It is virtually impossible to win a claim against big companies and their deep pockets.

False: Both federal and state law ensure the protection, safety, and justice of all individuals and organizations. Violators of those laws, big or small, are subject to penalty.

True or False? It is in your best interest to pursue your case with the guidance of an experienced Chicago personal injury lawyer.

True: Competent legal counsel may be the single greatest factor in winning your case. There is simply no substitute for the expertise and knowledge of a personal injury attorney.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.

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In Chicago, personal injury law is about holding responsible any negligent parties, to prevent innocent parties from unnecessarily bearing the weight of consequences. Many aspects of personal injury law, common in today’s courtrooms, including wrongful death, motor vehicle accidents, and medical malpractice, are examples of civil justice laws addressing unlawful and illegal negligence - inaction - rather than intentional acts.

Also addressing negligence and inaction, though on a much larger scale, is the Read full entry and feel free to comment »

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