Archive for category: Personal injury claim

What is the Number One Cause of Truck Accidents?

 

Driver fatigue is an extremely common problem in the trucking industry. A study done by the Federal Motor Carrier Safety Administration found fatigued drivers are the #1 cause of truck collisions.

When these tired and overworked truck drivers cause accidents, as you may know, these are not minor accidents. Car drivers and passengers who are in a collision with a truck are very likely to suffer serious life-long injuries or even death.

There are rules in place to prevent these deadly accidents. The Federal Motor Carrier Safety Administration regulates the hours truck drivers can spend on the road per day and per week. Watch the video to learn more.

The law is that truck drivers can work:

  • A maximum of 70 hrs. in 8 days if their employer operates every single day of the week.  If the employer is closed any day of the week, then truck drivers can work up to 60 hrs. in 7 days.
  • Within these 60 or 70 hrs in about a week, truck drivers must only work a maximum of 14 hrs. per day. Only 11 of these 14 hrs. can be behind the wheel. After a truck driver has driven the maximum of 11 hrs., they must rest for 10 hrs. straight before starting work again.
  • After working for 8 days or 7 days as per the limit of days that applies to them, truck drivers can only restart work after resting for 34 hrs.

These safety rules were created based on many studies that examined the needs of truck drivers so that they can be alert on the road. They are safety rules that every trucking company should live by to protect us all from danger and mayhem. But many companies force their drivers to skirt these safety rules. Truck companies oftentimes push their drivers to work past the set driving limits in an effort to take shortcuts. This undermines the safety of us all. It creates an environment of fatigued and stressed drivers who are high risks on the road. These exhausted drivers end up injuring not just themselves, but our community members who will suffer more severe and oftentimes irreversible injuries or death.

Truck driver fatigue continues to harm individuals and their families. If you are watching this video because you have your own questions or have a loved one injured due to a fatigued truck driver, you shouldn’t feel alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW. We are here to answer all your questions and help you navigate through this difficult time.

One Foster Child Threatens Another – What Happened Next?

 

There are thousands of children and young adults livings in independent living environments facilitated by professionals. Many of these children have lost their parents to death and drugs to no fault of their own. These children and young adults have been in foster and group homes — and so many have faced unbearable abuse. When our state funds these foster, group homes and private independent living institutions, we expect that these caretakers are attentive and helpful to the needs of these children and young adults. The providers in this case failed in this sacred duty and were examined by state investigators. Watch the video to learn more.

At this facility, my client Tammy and a fellow resident Barbara didn’t get along. In fact, there was a long history of altercations between the two. One altercation turned violent resulting in the arrest of 17 year old child Barabara. While being arrested in front of her care takers Barbara yelled to Tammy my client, “I’m going to get your key and get you.”

This Barbara had lost a lot in her life and was suffering from mental health illnesses and was on psychotropic medication. Barbara had been deemed by DCFS staff as particularly violent. After three months, Barbara was released from jail.

Then, this unstable minor returned to her independent living community and tricked the manager of this institution into giving Barbara, Tammy’s keys. Barbara this disturbed young child in the middle of the night entered Tammy’s home with this key, grabbed a knife and stabbed Tammy to death.

Tammy’s distraught siblings contacted me. Our Chicago wrongful death attorneys investigated the matter and learned that the independent living institution was to meet Barbara at release, but they did not show up in time.  Being concerned, one of the social workers called her manager to inform her that she was concerned for my client Tammy’s safety. You see this social worker witnessed the threat Barbara made to Tammy. We also uncovered that the entire independent living institution should have been aware that a DCFS social worker indicated that Barbara would someday kill someone.

We also were able to prove that the manager that turned over the wrong key, failed to follow the known procedures of checking the room key with the person’s name. Compounding this error, the manager failed to follow-procedure and remove Tammy from the impending danger.

No one should ever have access to your apartment without your consent, especially not a sworn enemy who in front of the police threatened to get you. After uncovering the evidence of institutional failures, this case settled for a significant amount for the death of Tammy.

If you have a question about abuse or neglect in a foster or group home, or in an independent living environment, you may need an experienced wrongful death lawyer or personal injury trial attorney. Based in Chicago, the Dinizulu Law Group, Ltd. handles these matters all the time. Contact our office at 1-312-384-1920 or 1-800-693-1LAW.

Who Has The Power To Enforce Laws?

 

When the United States established our institution of government through the Constitution the jury system was enshrined in that document. The 6th and 7th amendment were later added to the Constitution and protected the right to juries in criminal and civil cases.

But still more was needed to enforce this cherished right. African-Americans under federal law were given the right to serve on juries in 1875, but in practice many were openly and routinely removed from juries based on race until a US Supreme Court case in 1986 declared that conduct was prohibited by the constitution. Watch the video to learn more.

As late as 1942, only 28 states had laws that allowed women to serve as jurors, but these states also gave them the right to claim exemption based on their sex. The Civil Rights Act of 1957 gave women the right to serve on federal juries, but not until 1973 could women serve on juries in all fifty states.

The right to serve on jury is something people fought for and died for because this right is so important to the fabric of our laws. The primary purposes of civil tort law in America and here in Illinois as described by the Illinois Supreme Court is when someone has been wrongly injured by the acts of another the law is to:

  • to compensate the victims;
  • to reduce future wrong acts; and
  • to encourage careful conduct in the future to protect all of our citizens.

The jury enforces these laws through their collective verdict. By serving on juries, you are able to voice your opinion and influence the collective verdict. If you do not show up, you are allowing someone else to decide how the laws should be enforced. Therefore, someone else will have the power to determine the type of community you will live in. So remember, the juries’ verdict is how you enforce the laws of your community. That is why it’s so important to serve.

If you have questions about trial or your own serious injury, contact the Dinizulu Law Group, Ltd. at 312-384-1920 or by email. Our Chicago personal injury attorneys are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial lawyers practicing throughout Illinois.

What is a Day In The Life Video?

 

In personal injury lawsuits for severely injured victims, a Day-in-the-Life Video is shown to the jury during trial to offer a visual account of the injured victim’s day-to-day challenges. It captures footage from  the moment the injured person wakes up to the time they go to bed. It crunches what an entire day is for an injured person to a 15-30 min time frame that can be shown in court.

The Day-in-the-Life Video may show how the injured person gets out of bed. Is he or she able to do it alone? Does an assisted living professional need to be present? Can the person go to the bathroom or shower self-sufficiently? From the Day-in-the-Life Video the jury will be able to see the full extent of the victim’s injuries. They will see the injured person’s face, read their facial expressions, and hear their voice. This lets the jury know firsthand the emotional and physical challenges the victim is facing. Watch the video to learn more.

The Day-in-the-Life Video also captures footage of the injured person in their home, in what used to be a comfortable setting. In the aftermath of an injury, the setting of the home may have become extremely difficult to maneuver around in. A video can show how challenging it is to get to the kitchen. How long does it take to climb a set of stairs?

A Day-in-the-Life Video can also show the injured victim’s interactions with loved one. Has the quality of family life changed? Is the injured victim able to spend time with his kids or spouse. Answers to these questions can also be captured on tape and shown to the jury.

Remember, the jurors are everyday people from our community that are selected to uphold our justice system. A Day-in-the-Life Video is able to grab their attention and move them in ways that expert testimony or documents alone aren’t able to.

It requires a skilled and well-experienced personal injury lawyer to create a Day-in-the-Life video that’s accepted as admissible evidence in the courtroom.  Without being admissible in court, the jury isn’t able to see the client’s Day in the Life Video. This can be a significant blow to the recovery amount the jury decides.

At the Dinizulu Law Group, Ltd., we have created many Day-in-the-Life Videos for severely injured clients and taken them to trial for successful verdicts. If you or your loved one is suffering from the fault of others, count on us to help. With over 60 years of combined experience, our Chicago personal injury attorneys are known for their expertise and tough litigation. Contact us by email or call us at 312-384-1920 to schedule a consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

 

What Is A Life Care Plan?

 

For the severely injured, a Life Care Plan is a detailed assessment of the severely injured victim’s needs. It should take into account:

Current and future medical needs: Things like cost of medication, specialized furniture, assisted living professionals, rehabilitation expenses should be included in the life care plan.

Transportation needs: Would the injured victim need to have special equipment for traveling? Recreational opportunities also need to be factored into a life care plan.

Construction modifications to the home: Specialized medical equipment may require changes to the layout of the home. Perhaps an elevator lift is needed. These very large expenses need to be looked at very thoroughly to create a proper life care plan.

In an injury lawsuit for a severely injured victim, the Life Care Plan is instrumental in building your case. It can show to the jury the extent of a victim’s injuries, and the long-term cost of living with such life-changing injuries.  When a Life Care Plan is led by a personal injury lawyer who is well-experienced in litigation and trial, the recovery results could ensure that the injured victim is able to live with dignity and financially independence. Watch the video to learn more.

At the Dinizulu Law Group, Ltd., when our Chicago personal injury lawyers consult with a Life Care Planner, we collaborate with an entire team of medical and financial experts and ensure assessments by doctors, psychologists, counselors, and economists are all taken into account and factored into the Life Care Plan. We do this to ensure all of the injured victim’s needs are considered. This means including present and anticipated future needs into the life care plan. Is future medication included in the plan? Will the medication be supported across providers? The Life Care Plan needs to be a complete and comprehensive document.

Once created, the Life Care Plan is given to the jury so that the jury can fully understand you or your loved one’s needs and recognize your compensation claim as genuine. A skilled and well-experienced personal injury lawyer will help the life care planner get the testimony and documentation from the entire team of medical and financial experts that’s admissible in the court so that the jury may hear all parts of the life care plan.

Many personal injury lawyers don’t understand how important it is to be fully involved in the creation of the Life Care Plan, and as a result, your recovery suffers.

At the Dinizulu Law Group, Ltd., we pay close attention to the life care plan and present our clients’ complete needs in court. We have been thoroughly involved in many very complex life care plans and have advocated for our clients’ complete needs successfully. With over 60 years of combined experience, our Chicago personal injury attorneys are known for their expertise and tough litigation. Contact us by email or call us at 312-384-1920 to schedule a consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

Patient Intubation & Medical Malpractice

Mistakes, such as improper intubation, when made by medical care providers can mean serious, long term harm, even death for patients. If you or a loved one has been injured by a medical care provider, you or your loved one could be entitled to recover monetary compensation for your expenses, injuries, and suffering. The experienced and compassionate Chicago-based medical malpractice lawyers at the Dinizulu Law Group, Ltd.  will work with you to determine the best way to handle your medical malpractice claim. Contact us for a free consultation with one of our experienced medical negligence attorneys in Chicago, Illinois.

Intubation Procedure

If you have spent any time watching medical dramas on television you have probably seen a dramatization of a patient being intubated. Endotracheal intubation (ETI) is a medical procedure that places a tube in a patient’s throat to create an unobstructed pathway to allow breathing. This can be done to help a patient’s respiration during surgical procedures, or sometimes at the scene of a medical emergency when someone’s throat has been injured due to some form of trauma.

The process of performing an endotracheal intubation is relatively straightforward for properly trained and equipped medical personnel. First, the patient is placed with the neck flexed so that the throat is as straight as possible. Then the doctor or EMT uses a tool called a laryngoscope to hold open the mouth and move the tongue out of the way so that they have unobstructed access to the airway. They then raise the handle portion of the laryngoscope so that the patient’s vocal cords become visible.

Once the vocal cords are visible, the doctor or EMT inserts an endotracheal tube, a plastic tube with an inflatable cuff circling one end, down the throat until the inflatable cuff is just below the vocal cords. After the tube has been situated, the laryngoscope is removed and the cuff is inflated, preventing the tube from accidentally being dislodged from the patient.

In order to determine that the endotracheal tube has been placed correctly, the doctor or EMT will check to see that there appears to be movement of the chest, and that breathing sounds are detected from both lungs.

When Injuries Happen

While inserting an endotracheal tube would seem to be a fairly technically straightforward procedure, there are some potential issues that can arise, such as perforation of the vocal chords, larynx, or esophagus, and potential damage to the teeth and soft tissue of the mouth. The most serious complication, however, is if the endotracheal tube is accidentally inserted into the esophagus, which can result in the attending medical staff thinking the patient is getting sufficient air when they actually are not. This can lead to oxygen deprivation and brain damage if it is not caught quickly and corrected.

Because of this and other possible complications such as potential infections and delays in transporting patients to a hospital, there is a discussion in the medical community about whether or not endotracheal intubation should be performed by paramedics outside of a hospital setting. It should be pointed out, however, that no generally-accepted consensus has been reached on this matter, and endotracheal intubation remains a valid practice by emergency medical technicians in the field, particularly in patients who have had a heart attack or suffered burns to the airway.

Take Action

The Dinizulu Law Group,Ltd. is a personal injury firm  in Chicago with a reputation for tough litigation and winning substantial compensation for clients. With over 60 years of combined experience, our medical malpractice and negligence attorneys have a strong record of getting medical care providers held accountable. We fight for the maximum compensation and get the injured the relief they need. Contact us for a free consultation.

By taking action, not only might you be able to recover compensation for yours or your loved one’s needs, but you will prevent bad medical care from harming other patients.

Personal Injury Paralysis From a Truck Accident

Every single time you drive, you risk being seriously injured or even paralyzed. And yes, this could happen to even the most careful driver. In Illinois, paralysis is among the most common personal injury when a car collides with a truck. As a result of these accidents, more serious injuries are often found on the occupants of cars rather than on truck drivers. In Chicago and throughout Illinois, injured victims face significant medical bills, lost wages, pain, suffering and loss of enjoyment of life. Additionally, their family members suffer economic loss, mental anguish and the loss of companionship.

Building a Truck Accident Lawsuit

If you have suffered a life-altering injury, such as paralysis, the various provisions that must be made for your care can be much more expansive than you thought. You may not be able to handle this on your own. A life care planner and an experienced truck accident lawyer is needed to present your personal injury lawsuit to the courts.

At the Dinizulu Law Group, when we consult a life care planner, we ensure that all your anticipated needs will be taken into account. Our personal injury attorneys will confirm that the current and future medical needs are analyzed and supported across all providers. We help ensure the life care planner gets admissible evidence from medical doctors, psychologists and the entire team of experts to ensure that a judge will allow the jury to hear all parts of the Life Care Plan. The plan must include future medication, adaptive furniture, assisted living professionals, rehabilitation, transportation needs, recreational opportunities and construction modifications to the home to accommodate new realities like the need for wheel chair access, an elevator lift, and specialized bathing areas for the seriously injured.

We know if you or a loved one experiences a serious injury that you want the best personal injury lawyer on your case. We at Dinzulu Law Group, Ltd are Chicago accident lawyers with extensive experience in truck accident lawsuits and presenting complicated and individualized life plans to the courts. If you have been injured, contact us today so that we can help you navigate the complex legal processes.

Spinal Cord Injury Association of Illinois

You should also visit The Spinal Cord Injury Association of Illinois if you suffer from paralysis and live in Illinois. This is a non-profit information and support resource for individuals paralyzed by spinal cord injury and their families. You can also learn about the health care and related professionals that serve the paralysis community. Though this resource is located in LaGrange, IL, a suburb of Chicago, it serves the entire state of Illinois. Furthermore, for many additional resources, such as support groups, centers for independent living, state disability resources, and more, please visit the United Spinal Association website.

 

Electronic Logging Devices Hold Truck Drivers Accountable for Negligence, Recklessness, and Breaking the Law

It’s winter weather and holiday driving can be hazardous on icy roads and skid-prone conditions. Add trucks and semitrailers to the mix and an accident is much more severe when a large vehicle loses control on the road.

When a truck collides which a smaller passenger vehicle, a disastrous injury occurs more often to the occupants of the other smaller vehicle. To protect all drivers, in 2014, the Federal Motor Carrier Safety Administration (FMCSA) proposed and adopted a rule requiring Electronic Logging Devices (ELDs) to be utilized in large trucks. ELDs are akin to those black boxes you hear about in planes, which help investigators understand how and why an accident happened. Similarly, ELDs in commercial trucks electronically record data from a vehicle’s sensors which can be subsequently downloaded.

electronic-logging-devices

Currently, much of a truck driver’s accountability stems from his or her own written records, but the ELDs will ensure that the truck driver can not cheat the system or inadvertently make a mistake. ELDs record speed, when the truck is in motion and other significant pieces of data.

The Trucking Industry Must Utilize ELDs by December 16, 2019

Although the ELD rule was adopted in 2014, the FMCSA understands that changes do not happen overnight. Accordingly, the trucking industry was given a grace period to incorporate the rule into practice and during that period, records could be kept through paper logs, logging software, automatic onboard recording devices or appropriately registered ELDs. The grace period ends December 16, 2019 and on that date, all drivers subject to the rule must use certified and registered ELDs.

While there are exceptions to the rule, in general if the truck driver was originally required to provide logs showing their hours of service then they are subject to the ELD requirement. While some drivers have met this new requirement with skepticism, the FMCSA maintains that ELDs will reduce risk of accidents and will also allow for a more streamlined collection of data.

ELDs can Help Answer Questions About Liability in a Trucking Accident

The ELDs will play an important role in the legal arena, as well. If you or a loved one is injured in a trucking accident, then you will have to prove that the truck driver acted wrongfully in some way. Maybe they were driving too fast, or perhaps they were drowsy. Truck drivers, their employers and their insurance companies oftentimes have a team of lawyers helping them avoid liability and so it is imperative that you also obtain a personal injury attorney right away.

Obtaining evidence from an opposing party can be difficult and is often subject to strict court rules. During a time when you are already reeling from a terrible accident, it is advised that you seek professional legal help. You will need an accident attorney who not only understands the litigation process, but also acts as your advocate during a time when you need it most.

Dinizulu Law Group, Ltd. always provides a free initial case evaluation and will help you pursue the necessary legal action if you have been involved in a truck wreck accident. Our experienced Illinois truck accident attorneys understand the importance of monetary justice when a victim is facing current and future medical bills in addition to being unable to work. A personal injury accident happens in an instant, but the effects can last a lifetime. Please contact us today to find out how we can help you.

Truck Driver Fatigue & Increased Personal Injury Risk for Car Drivers

In 2014, the Federal Motor Carrier Safety Administration (FMCSA) conducted a study to analyze various factors that contribute to crash risk. It comes as little surprise that driver fatigue contributes to many tractor-trailer accidents every year. Between 1975 and 2014, about 185,000 crashes involving large trucks or buses resulted in fatalities and of the nearly 215,500 individuals who lost their lives, most were occupants of smaller vehicles, such as cars.

This data clearly shows that when trucks and smaller vehicles collide, the truck drivers are much less likely to be injured or killed. Unfortunately, truck drivers often fail to adhere to safety mandates required by law and as a result, other citizens on the road face a higher risk.

Costs Associated with Trucking Accident Injuries Can Last a Lifetime

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Injuries sustained in accidents caused by large trucks are often severe and can include loss of limb, brain injury, burns, spinal injury, and immobility. Costs associated with these massive injuries are not limited to the hospital bills incurred right after the accident. Many victims require years of rehabilitation and may never be able to work again. The economic impact can be crippling and that does not even take emotional trauma into consideration. Truck accidents are also often fatal. Many times a loved one lost in an accident is a family’s breadwinner.

If you or someone you know has been injured or worse in a trucking accident, you should seek legal counsel right away. The accident injury lawyers at Dinizulu Law Group, Ltd. have almost 60 years of total experience representing victims of truck accidents. We will help you get the compensation you deserve.

While insurance companies are experts at pointing the finger and talking victims into very low settlement amounts, our experienced trucking accident attorneys request log books and backup data to build strong, credible cases that will withstand the utmost scrutiny in the courts.

We understand that trucking accidents are often catastrophic and life changing. Contact us today so we can help you get the justice you deserve.

Filing a Wrongful Death Lawsuit – Where Do I Start?

While no amount of money can bring back a loved one, wrongful death lawsuits are designed to compensate family members of those killed by negligence. Under the law you are entitled to both economic and non-economic damages. Economic damages are a dollar amount that’s decided based on the deceased’s income, funeral expenses, medical expenses etc. Non-economic damages address the pain and loss of companionship that family members will face as a result of the death.A professional and experienced wrongful death attorney understands that it’s important that you be compensated for both damages. Insurance companies and other responsible parties fight aggressively to refuse or limit your fair payment. To get the compensation you deserve, it’s important that a skillful wrongful death attorney is representing you.

Proving a Wrongful Death Claim

In building your claim, an experienced wrongful death lawyer will understand that there may be many more complexities regarding your case. People you might not have even thought about could be liable. For example, in a single car accident caused by a road in poor condition, the city who owns the road, the contractors responsible for maintaining it, or a number of other groups may be liable depending on the facts of the case.

Time Limits on Filing a Wrongful Death Lawsuit

Additionally, it’s very important to file a wrongful death case fairly quickly. Otherwise, your case may get barred by the statute of limitations. In Illinois, generally a wrongful death claim against a private entity or corporation must be filed within two years from the date of the accident, but there are exceptions to this time limit. Certain cases only have a one year limit for filing and some others have longer than two years. Please contact the Dinizulu Law Group, Ltd to learn which time limits apply in your case. Waiting too long can prevent you from filing the lawsuit at all.

Waiting any longer than necessary creates other problems too. The scene of an accident changes quickly after the road is opened to traffic again. The vehicles that may have been involved in the wreck will be repaired by the owners or possibly destroyed. Witnesses will become harder to locate, and records will be misplaced.

Time may not be on your side but the compassionate and experienced wrongful death attorneys at the Dinizulu Law Group, Ltd will work with you to determine the best way to handle your wrongful death claim. Contact us to set up a free consultation with one of our experienced wrongful death lawyers today.

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