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 (more…)

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That there is a current crisis in Chicago medical malpractice law is rarely disputed. Attorneys, medical professionals, and even the average person on the street know of the rampant overuse and abuse of the medical malpractice laws currently underway in our courts. Equally well-known are the results: clogged court dockets, wasted tax dollars, and a steady decline in the confidence of the average citizen in the legal system of this country.

It is all well-known except for one fact: it’s not true.

However, what is true is statistically verified: the mistakes and malpractice of medical professionals account for a shocking number of deaths each year - more, even, than auto accidents. It has been demonstrated by recent research that nearly all medical malpractice lawsuits filed in this country have merit, being based on the injury or death of an innocent person as the result of a serious and significant error in medical care. This contrasts sharply with the popular idea that most medical malpractice lawsuits are the product of trial lawyers’ imaginations (and, some would say, avarice). How then can we account for this pervasive belief?

This idea has been effectively disseminated by (more…)

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The big day, election day, approaches. The polls, pundits, predictions and the regular circus and celebration of this election cycle have been a part of our national landscape for longer than perhaps any other cycle, at least in recent memory. What will we ever talk about around the water cooler after it’s all over? Which name will remain on our lips for at least the next four years, and which will fade into presidential trivia: Obama or McCain?

As the highest officer in the executive branch, the president is, in some ways, the law of the land or at least one of the three critical points defining it (along with the legislative and judicial branches). It follows, then, that it is not so uncommon for politicians to have legal backgrounds. Several of this year’s candidates, as well as pivotal political figures of recent memory have been trained, licensed attorneys.

This is by no means a recent phenomenon. Abraham Lincoln is a prime example. He practiced law for nearly 25 years in Illinois courts before rising to the highest office in the land. That so many of those in public office are trained, licensed attorneys only makes sense. Law is (more…)

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Q: Will my monthly Social Security Disability benefits be reduced if I am receiving Workers Compensation payments?

A: If you receive Workers’ Compensation benefits for a work-related injury or illness and are found eligible to receive Social Security Disability, you may receive notice that your Social Security benefits have been reduced. You will need to provide Social Security with information related to your Workers’ Compensation benefits so that they may make the necessary calculations.

The total amount of benefits from both programs (Workers’ Compensation plus Social Security Disability) may not exceed (more…)

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We have all seen the signs at worksites: “__ days since last work-related injury”.  Maintaining such records publicly shows a commitment to safety as well as a willingness to be judged in the court of public opinion.  Certainly, business owners understand that consumers and potential employees will be affected by the injury statistics displayed, for better or worse.
Some worksites and careers are more hazardous than others. It is difficult to imagine a “Days Since Last Injury” sign at a coffee shop or florist. Still, nearly every work environment has the potential for injury. The overt risks are obvious: heavy machinery, hazardous materials, heights, extreme heat or cold, etc. These types of workplaces usually have very strict safety procedures and extensive training to minimize risk. But what of a relatively harmless worksite?

Returning to our example of the coffee shop, upon closer inspection, we see that this seemingly innocuous location does include grinders, steam wands, scalding-hot liquids, kitchen knives, potentially slippery floors, and hot ovens. Nearly any worksite, when subjected to a thorough inspection, will yield significant hazard(s). In addition to these types of hazards are less obvious risks such as those injuries caused over time by repetitive motion and the sedentary nature of so much of modern work.

This is not a call for panic or paranoia about a constant threat of injury at work. In fact, it is clear that our society minimizes these risks pretty well, relatively speaking. What is important is (more…)

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Just look at the definition of a DUI -   DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A COMBINATION OF BOTH.  It’s a Class A Misdemeanor!  Do not be fooled by the term misdemeanor.  A Rock Island DUI charge is one that can cost you not only a lot of money, but it could also cost you your job, depending on what you do for a living.  It will definitely affect your lifestyle unless you can afford a private chauffeur for the three or six month suspension of your driver’s license (for the first time offender). (more…)

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