Archive for category: Wrongful death action

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.

3 Reasons To Go To Jury Duty

 

Juries are an important part of the justice system in America and a pillar of our democracy. Our constitution guarantees citizens receive a fair trial that is overseen by an impartial jury. Not only does this create confidence that our laws will apply equally to all, but this is also one of the purest and most immediate way to participate in our justice system. Watch the video to learn more.

Here are more reasons why you should answer that jury summons:

  1. You are giving back to your country. Many of us have never served in the military for our country. Jury service is one of the few times that we can give back to our country by serving on a jury and ensuring that our system of justice is supported.
  2. We are stronger as a country when we serve on a jury with our fellow man and woman as the conscience of the community.
  3. You will prevent absolute power by the politicians and corporations. This is your time to show what your community finds important to enforce or not enforce through your verdict.

A typically jury is made up of 6 to 12 jurors who are peers. Meaning it’s you and your fellow citizens who are asked to serve on a jury. You may be a laborer or a corporate executive. However, when you sit on a jury, it’s a community of equals that are on a jury, rather than a panel of experts. The case may well be about a union laborer who may have been injured or about a physician whose failed to diagnose a child. Either way, it is a collective jury that is to enforce the law and facts that has been presented to you by the judge and the parties.

It is the jury’s collective reasoned choice to interpret the facts and enforce the law. The jury makes the decision on a case, producing a verdict. These verdicts then become a part of what our communities expects from our doctors, lawyers, corporations, hospitals, and more. They outline what you the jury will expect now and in the future from the conduct of us all.  This method of administering justice prevents absolute power. A jury of 6 to 12 people, who all come from different backgrounds and life experiences, must reach a unanimous decision.

So the next time you get that jury summons, make sure to serve. It may be a hassle, but in the end you, like so many others before you, will have made a huge commitment to our democratic system of government. That small burden is a small price to pay for the privileges and protections of our government and laws. With rights, come responsibilities. Jurors owe it to their fellow citizens to perform this service seriously; justice depends all on the quality of jurors who serve. The survival of your own right to trial by jury depends on the willingness of all to serve, so be part of the system and make a difference.

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 lawyers are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial attorneys practicing law throughout Illinois.

A Doctor’s Insecurity Led to a Patient’s Death and a Seven-Figure Medical Malpractice Settlement

If your loved one died as a result of mistakes made by medical practitioners, you may be outraged.  You trusted the medical staff to take care of your loved one, and instead they failed.  You may have a potential medical malpractice case. Please call us at 1-800-693-1LAW or 1-312-384-1920 with your questions. I am a medical malpractice attorney that is here for you. You may also contact us by email. Visit our firm’s media page, where you can view more videos and learn more about your rights.

Here we discuss the case of a 50-year-old woman who died as a result of mistakes that could have been avoided by her ER doctor.  The patient was admitted due to a collapsed airway. Upon her arrival, emergency procedures were enacted, and they called all available staff to the scene.  The staff that showed up included ER doctors, nurses, and respiratory therapists.

The patient’s attendant ER physician was able to manually deliver oxygen to the patient, resulting in 100 percent oxygenation during transportation.  At that moment, the ER physician was the only one in control, and as such did not feel that he needed assistance.  In this case, he could have benefited from assistance provided by someone with more specialization in intubation.  The doctor later admitted that he did not possess the skills needed for the surgery required if his intubation failed, but he still proceeded.  The doctor decided to use a paralytic drug that relaxes the muscles but prevents the patient from trying to breathe on her own.  The use of paralytic drugs in such a case is not recommended.

Upon further investigation, the doctor also admitted under oath that he does not like to ask for assistance because he thinks it makes him look stupid.  It appears he was more concerned about his self-esteem and respect from his coworkers than the survival of his patient, and this contributed to the patient’s death.  Our client received a 7-figure settlement.  Watch the video to learn more.

 

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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