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Compensation for Passengers Involved in Motor Vehicle Accident in Illinois

February 24, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – When you are a passenger and have been injured in a motor vehicle accident, you have legal rights that entitle you to file a lawsuit for your injuries. In some circumstances, you have even more rights than the driver for financial compensation because you can sue more defendants.

As with any personal injury claim, the plaintiff must be able to prove two things: liability and damage. Liability, meaning that it was someone else’s fault, and damages referring to how badly the person who made the claim was hurt.

Many car accident victims will file a personal injury lawsuit against the driver at-fault for the collision. In more fatal cases, surviving family members would pursue a wrongful death lawsuit.

Filing a Claim with the Driver’s Insurance

Passengers of a motor vehicle accident have the right to sue the driver that negligently caused the crash. If you’re injured in an accident, please make sure to call the police first. If you’re able to, document anything you can regarding the crash including obtaining witnesses information, pictures, and video.

Your first step is to file a claim with the driver who caused the crash’s insurance policy. The easiest way to about this is through their personal injury protection or medical payments portion of their car insurance policy. Many states are “no-fault” insurance states, meaning these states require every driver carry this type of protection for any passenger in their vehicle.

Illinois is an “at-fault,” or tort, state. This means that upon showing the other party’s negligence that caused the accident, and you suffered an injury as a result, you can recover money for: lost wages, pain and suffering, medical costs, emotional distress, and other damages.

The driver of the car in which you were riding owes you a “duty of care,” meaning if they act unreasonably, you can hold them responsible for your injuries. The failure to fulfill this duty is negligent, which means speeding, reckless driving, illegal turns, etc., are all grounds for failure to provide you their duty of care.

Suing the At-Fault Driver – No Matter Who It Is

A spouse can sue the other and children can sue their parents for any injuries they sustained as a passenger in a motor vehicle accident. This may seem unusual to you; however, it is quite common.

Many people feel uncomfortable or worry about their relationship or friendship with the person who caused the accident by holding them responsible. Passengers can file a personal injury lawsuit against the driver but should especially do so if fault cannot be established for the accident. The drivers typically don’t pay the damages as long as they are under the policy minimum, but rather the drivers insurance company because that is who you’re suing.

Illinois “Mandatory Insurance” Laws

Illinois requires all vehicle owners to carry liability insurance. The minimum coverage Illinois drivers are required to carry is:

$25,000 for the injury or death of one person in an accident caused by you
$50,000 total for all injuries or deaths in an accident caused by you, and
$20,000 for damage to the property of another person in an accident caused by you.

Basic liability coverage pays for medical bills, property damage, and other costs to drivers, passengers, or pedestrians that are injured or have their vehicle damaged in a car accident.

Recovering Fault Benefits

If you are involved in an accident and do not file a lawsuit, you are essentially giving the auto insurance company a free pass and leaving money on the table that could pay for any medical expenses you endure after the accident or lost wages. This is coverage the driver of the accident has already paid for, so passengers in motor vehicle crashes should utilize this regardless of who may be the negligent driver.

Whoever the driver of the vehicle is that caused the crash, whether it’s the person you are driving in the car as a passenger of or another vehicle, that is who you file your claim against or sue.

Maximizing Compensation as a Passenger of a Motor Vehicle Crash

The passenger may already be covered under the driver’s policy if they are related to them and be considered an “insured person.” It’s critical for the injured passenger to find someone whom they can file a claim against because suing your own insurance policy will not provide you with as much compensation. While you can sue your own insurance policy, you will not seek compensation for pain and suffering or lost wages and be limited to medical costs.

A passenger may not be able to look past their relationship with the driver, if known; however, it’s important that you look at the accident for how it affects your interests since you will miss time from work and have hefty medical bills now to endure. Seeking compensation for your injuries due to another’s negligence should be maximized rather than you paying for an accident you were never at-fault for.

Contact a Cook County Personal Injury Lawyer in Chicago, Illinois

Navigating the aftermath of an accident can be complicated and frustrating. The Dinizulu Law Group attorneys are skilled and experienced with personal injury cases and insurance coverage to ensure you get the maximum compensation you deserve. Call our office today at (312) 384-1920 for your free consultation or visit our website for more information.

Are Unsanitary Living Conditions and Lack of Hygiene a Form of Nursing Home Neglect?

February 22, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Many nursing home residents rely on staff members to help them with the consistent care they need. Nursing home staff members help residents bathe, feed them, help with administering medication, treat injuries, and transfer residents from their wheelchair to bed. Another key responsibility of nursing home staff includes to maintain a clean, sanitary environment for residents to live in. When staff members fail to maintain a clean facility, sanitize equipment, and help residents with hygiene-related needs, these may be signs of nursing home neglect.

Unsanitary Equipment in Nursing Homes Can Lead to Infection and Illness

With COVID surging nursing home facilities, staff members must be precautious to prevent infection outbreaks to keep residents safe. Since many nursing home residents’ bodies are weakened by age and/or disability, exposure to any virus, fungi, bacteria, or other pathogens can be deadly. Nursing homes should be regularly cleaned and sanitized to avoid these types of outbreaks in facilities, including cleaning wheelchairs, shared equipment, and other common places.

According to the Illinois Department of Public Health (IDPH), kitchens must be properly cleaned and sanitized, and all kitchen staff must be trained and certified in safe food handling to prevent the spread of illnesses. For example, if bathroom showers, toilets, or sinks are not regularly cleaned, it can become a haven for bacteria and germs to grow that can cause residents to become ill.

Colds
Bed sores
Flu
Bed bugs
Infections, such as bacterial pneumonia, urinary tract infections, and influenza
Diarrhea, which can sometimes develop into a chronic problem
Athletes foot
Scabies
Ringworm
Lice
Psychological damage, such as depression and reduced quality of life

Proper Resident Hygiene is Essential for Physical and Mental Health

Nursing home staff has the responsibility to keep residents clean and hygienic, as many residents are unable to use the restroom, bathe, or dress without the assistance of staff. Some residents may rely on adult diapers. If staff members fail to regularly change residents’ soiled diapers, clothing, or bed sheets, infections and medical complications can occur.

Bed sores are another common and major concern in nursing home facilities. If a resident develops a bed sore and it is not cleaned and regularly maintained, the wound may become more infected and even develop into a deadly condition called sepsis. The Mayo Clinic suggests to regularly clean and dress bed sores to prevent further infection.

Contact a Nursing Home Negligence Attorney in Cook County, Illinois

Nursing home residents are often unable to stand up for themselves when forced to live in unsanitary living conditions, or suffer from other forms of nursing home abuse. Many residents rely on family members to watch for signs of poor hygiene or advocate for them when they see they are not receiving the care they rightfully deserve. If you believe your loved one is a victim of nursing home abuse or neglect, call us today at (312) 384-1920 to schedule a free consultation with one of our skilled nursing home abuse attorneys. We know when our clients are being mistreated and living in unsanitary living conditions and are committed to bringing your loved one the justice they deserve. Please visit our website for more information.

Mom and 4 Daughters – All Under Age 6 – Die in House Fire in Des Plaines, IL While Dad Works

February 1, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Tragedy struck on Wednesday morning after a fire broke out in a Des Plaines, IL home, killing a 25-year-old mother and her four young daughters.

The Des Plaines Fire Department confirmed in a press release the tragic incident that killed 25-year-old mother Cythaly Zamodio, along with her four daughters, Renata (6), Genesis (5), Allizon (3), and Grace (1).

“In my 30+ years of fire service, this is the most difficult scene I’ve responded to,” Fire Chief Daniel Anderson told People in a statement. “Any loss is tragic, but losing four young children is truly heartbreaking for our department and entire community.”

The husband and father was at work for his landscaping company when the incident occurred.

According to fire officials, flames broke out in their Des Plaines home just before 10:30 a.m.

When firefighters arrived at the scene, they immediately entered the burning home and located the children on the second floor.

A neighbor recalled telling firefighters children were inside the home. “They were trying to kick the door down, but the door wasn’t coming down,” Pabel Marrero told WLS-TV.

Many bystanders witnessed firefighters coming out of the engulfed house with children semi-conscious in their arms, blackened by the smoke. A minute or two would go by before another child was carried out in the same condition.

After all four children were recovered from the house, they were transported to Advocate Lutheran General Hospital where they were later pronounced dead.

Firefighters also pulled the mother from the fire where she was unfortunately pronounced dead at the scene.

Des Plaines Mayor Matt Bogusz said, “This is a very sad day for the City of Des Plaines. This kind of tragedy touches the heart of every Des Plaines resident. The City and the Des Plaines community grieve with this family and offer our support in any way we can.”

It’s unclear how the fire initially broke out and if the home had functioning smoke detectors. The Des Plaines is conducting an investigation with the Illinois Office of the State Fire Marshal and a regional task force under the City’s mutual aid system, according to People.

Is it safe to drive after taking an over-the-counter (OTC) or prescription medication?

January 14, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Everyone knows how dangerous it is to consume alcohol or drugs before getting behind the wheel; however, a drug that’s often overlooked is over-the-counter (OTC) or prescription medications. Some medications you may not think twice about have side effects that can put you and others at risk on the roadway.

Common Medication Side Effects

If you have recently taken medication, it’s important to check if you feel any side effects before getting behind the wheel. Some common side effects include:

Dizziness
Sleepiness/drowsiness
Fatigue
Inability to focus or pay attention
Delayed reaction time
Blurred vision
Fainting

Some people may experience side effects while others may not feel any at all. Side effects can last for short periods of time or they may last for several hours. Stronger medications or ones that have an extended-release property can affect someone throughout the following day. Some medicines have a warning to not operate heavy machinery, including driving a car.

Medications That Can Affect Driving

The U.S. Food and Drug Administration (FDA) lists drugs that could make it dangerous to drive, including:

Opioid pain relivers such as oxycodone, codeine, and morphine or any product containing codeine
Prescription drugs for anxiety: for example, benzodiazepines or Valium
Anti-seizure drugs (antiepileptic drugs) like lorazepam
Antipsychotic drugs, such as risperidone
Some antidepressants like Zoloft or Lexapro
Cold remedies and allergy products (both prescription and OTC), such as Nyquil and Benadryl
Muscle relaxers like cyclobenzaprine
Medicines that treat or control symptoms of diarrhea, such as Imodium
Medicines that treat or prevent symptoms of motion sickness like Bonine
Diet pills, “stay awake” drugs, and other medications with stimulants (e.g., caffeine, ephedrine, pseudoephedrine)
CBD products

Effects of Sleep Medicine

For people who struggle with insomnia and falling asleep, they may take medication to help them sleep. A widely used ingredient in prescribed sleep medication is zolpidem, which belongs to a class of medications called sedative-hypnotics. The FDA has found that medication that contains zolpidem, especially extended-release medications, can impair a person’s driving ability and daily activities the next morning.

People who take sleep medicine should talk to their doctor about ways to take the lowest effective dose.

How Allergy Medicines Can Affect Your Ability to Drive

Many people who have allergies, and for those who take medications containing antihistamines, these medicines can interfere with driving and operating heavy machinery, including driving a vehicle. Antihistamines slow a person’s reaction time, can make it hard to focus or think clearly, and make cause confusion or drowsiness.

It’s important to read the OTC Drug Facts label of medicine to understand warnings before consuming it. Avoid drinking alcohol or consuming other medications that contain antihistamines as it can increase the side effects.

It’s important to inform your health care provider of the products you are taking, including prescription, OTC, and herbal products. If you notice any side effects, let your doctor know about these. Always follow directions for use and read warnings on medication packaging and handouts from the pharmacy.

Involved in an Accident?

If you were involved in an accident by someone who was experiencing side effects from medication, please call our office today to learn your legal rights. The skilled attorneys at Dinizulu Law Group, Ltd. have been fighting to protect the rights of accident and injury victims for more than 20 years throughout the Chicagoland area. Contact us today to learn more information.

Ceiling fans sold at Home Depot recalled because blades may spin off

December 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 190,000 ceiling fans have been recalled because of the fans’ blades may detach and fly off while in use.

King of Fans, a Fort Lauderdale-based company that makes the 54-inch Mara ceiling fans, announced the recall on Wednesday after receiving 47 reports of blades detaching, with at least two consumers hit by a blade and four instances of property damage.

The fans were sold in Home Depot nationwide from April to October of this year costing nearly $150. About 182,000 were sold in the U.S. and another 8,800 were sold in Canada.

The recall came in three finishes according to U.S. Consumer Product Safety Commission:

Matte white (UPC No. 082392519186)
Matte black (UPC No. 082392519193)
Black (UPC No. 082392599195)
Polished nickel (UPC No. 082392599188)

Consumers have been urged to stop using the fans immediately and to check for signs of defects. For those who notice “blade movement or uneven gaps between the blades and fan body,” should contact King of Fans for a free replacement.

King of Fans can be contacted at (866) 433-1291, Monday through Friday from 9 a.m. to 5 p.m. EST, or by emailing MaraRecall@KingofFans.com.

National Safety Council Estimates More Than 720 Fatalities in Roadway Crashes over Christmas, New Year’s Holiday

December 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – While the holiday season may look a bit different this year, there’s one thing that remains stagnant: holiday traffic fatalities. While the CDC urges Americans against traveling, many will still be on the go.

The National Safety Council (NSC), located in Itasca, Ill.) estimates more than 720 people will be killed on the roadway during Christmas weekend across the nation, and an additional 384 over New Year’s weekend.

As many as 287 lives could be saved over both holiday periods if all vehicle occupants wore their seatbelts, according to NSC. Parents and guardians should be advised to check a child’s car seat is properly installed.

Please do not get behind the wheel if you have been drinking. By drinking intoxicated, you run the risk of harming yourself and other innocent bystanders. Alcohol is involved in nearly 39% of traffic fatalities over Christmas and New Year’s holiday periods. Technology has made everything so accessible now – choose alternative methods of transportation such as a ride-share like Uber or Lyft, cab, Metra, CTA, or el.

Other recommendations by NSC include:

Avoid distracted driving, including hands-free cellphone usage.
Get plenty of sleep and take regular breaks to avoid fatigue.
Be aware of how others are driving on the road and maintain a safe distance.
Sign a “New Driver Deal” with teen drivers at DriveItHOME.org.
Learn about your vehicle’s safety systems and how to use them at MyCarDoesWhat.org.
Check your vehicle for any recalls before getting on the road at ChecktoProtect.org.

“A safe travel season could instill much-needed hope as we start a new year and close an unrelenting one,” NSC President and CEO Lorraine M. Martin stated in a press release. “We can all do our part by buckling up, driving sober, slowing down, and avoiding distractions to look out for each other.”

F.A.A. Clears Boeing 737 Max to Fly Again

November 19, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – After 20 months on the ground, Boeing’s 737 Max will soon begin to fly after it tragically cost 346 people their lives.

The Max was grounded worldwide in March 2019 when the FAA jointed regulators in dozens of other countries banning the plane after the two fatal crashes in Indonesia and Ethiopia.

The Federal Aviation Administration (FAA) gave clearance to the 737 Max’s to fly once again after changes were made to the design, software and additional crew training would eliminate flaws that caused the fatal crashes in 2018 and 2019.

Boeing is facing billions of dollars in losses due to the grounding and has been affected by the blow to the aviation industry due to the coronavirus pandemic. According to The New York Times, Boeing is the largest manufacturing exporter in the United States, one of the federal government’s biggest contractors, a blue chip stock and a major employer whose fortunes help shape the national economy.

Boeing expects to begin 2021 with a global work force of 130,000 down nearly 19 percent from the head count at the beginning of this year.

The Max is the latest in Boeing’s 737 line. There are more than 380 Max planes in the global fleet, according to Cirium, an aviation data firm.

After the two deadly crashes last year, investigators have attributed the crashes to a range of problems including engineering flaws, mismanagement, and a lack of regulatory oversight. Much of the investigation was focused on a software known as MCAS, which was designed to push the plane’s nose down in certain situations.

At a news conference on Tuesday, relatives of victims from Ethiopian Airlines Flight 302 questioned whether Boeing had done enough to address safety concerns.

The changes ordered by the FAA include updated MCAS to avoid erroneous activation, updating display software to alert pilots when data from sensors are conflicting, rerouting internal wiring and updating flight manuals.

Even in the United States, it could be months before the Max begins to transport passengers again. The FAA must approve pilot training procedures for each U.S. airline operating the Max and planes must be updated; however, airlines suffering from a huge decline in traffic during the pandemic may feel more urgency to act quickly.

American Airlines is expected to the first U.S. carrier to fly the Max, with plans to fly the plane from Dec. 29 to Jan 4 for flights connecting Miami with La Guardia Airport in New York.

United Airlines said it expects to fly the Max during the first quarter of next year after 1,000 hours of work on every plane and “meticulous technical analysis.” Southwest Airlines said they didn’t expect to resume flights until the second quarter.

In both crashes, faulty sensors activated the software sending the planes toward the ground as the pilots struggled to pull them back up.

On Tuesday, the House passed a bipartisan bill aimed at changing FAA certification procedures. It will also require an expert panel to review Boeing’s safety culture. The Air Line Pilots Association applauded the legislation saying that there were “much-needed” changes to the certification process.

Pilot dies after suffering serious injuries in Ford Heights plane crash

October 21, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A 70-year-old Frankford man has died after a small plane crashed in south suburban Ford Heights. The small aircraft crashed into a wooded area off of Lincoln Highway, just west of Illinois 394 around 5:10 p.m. on Tuesday, according to Illinois State Police.

The pilot, a 70-year-old Frankfort man, underwent emergency surgery at the University of Chicago hospital after being seriously injured in the crash.

The Cook County Medical Examiner’s Office identified him Wednesday morning as Lawrence Jagmin. The office said he died sometime on Tuesday night.

According to the Federal Aviation Administration (FAA), the engine crashed under unknown circumstances. The aircraft struck a light pole and hit a vehicle on the ground before coming to rest on an embankment.

A witness in the area said the plane came down on the shoulder of the road and a wing of the plane ripped off when it hit the light pole.

Northbound and southbound ramps to Lincoln Highway were closed at approximately 5:50 p.m. Tuesday for the investigation, according to state police. The ramps will likely stay closed late into Wednesday morning.

State police said the investigation is still underway. The FAA is also still investigating the crash.

What Types of Evidence Is Used for Nursing Home Neglect and Abuse Cases?

September 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 1.2 million people are living in nursing homes across the United States. Residents may live in a nursing home facility because they need help with daily tasks such as eating and bathing or may have long-term medical needs that families and other means cannot provide their loved one with. Many nursing home residents suffer from mental or physical disabilities that reduce their level of independence; therefore, nursing home staff must keep them as healthy and safe as possible.

Unfortunately, some nursing home residents are not treated with compassion and the competent medical attention they deserve. If you or your loved one has been a victim of abuse or neglect, you may want to bring a personal injury claim against the facilities and those who harmed you or a loved one. In order for your claim to be successful, you must show evidence of the nursing homes wrongdoing.

Elements of a Nursing Home Claim

To hold a negligent nursing home accountable and recover financial compensation for the abuse and/or neglect, you and your personal injury attorney will need to prove that:

The nursing home owed a duty to you or your loved one
The nursing home breached that duty
You or your loved one was injured as a result
The injuries resulted in damaged and/or financial costs

It can be hard to know exactly how a nursing home resident was injures – especially for those who suffer from a mental disability such as dementia or Alzheimer’s which affects their memory and cognition. To fully understand the circumstances, your personal injury attorney may gather evidence such as:

Care logs
Medical records and bills
Operating procedures, hiring practices, and staff training schedule
Surveillance footage
Photographs
Insurance claim documents
Testimony from witnesses
Testimony from “expert witnesses” such as medical professionals

Contact a Cook County Nursing Home Abuse Injury Attorney

Nursing homes have both an ethical and legal obligation to provide residents with the adequate everyday care and medical attention they need; however, sometimes they fall short. If a nursing home caused a resident to be injured due to their negligence or being intentionally abusive, the injured person may file a personal injury claim. To learn more about bringing a nursing home injury lawsuit against a negligent facility, contact the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation with an experienced Chicago personal injury attorney. Visit our website for more information.

Woman dies weeks after Scottsdale crash

September 10, 2020/in Blog/by Yao Dinizulu

A Chicago woman passed away on Monday from blunt force injuries she sustained in a car crash last month in Scottsdale on the Southwest Side.

On June 25, she was driving her 2019 Toyota Rav 4 around 9 p.m. on South Pulaski Road when a man driving a Chevy Silverado at a high speed of rate struck her vehicle.

According to Chicago Sun Times, the 28-year-old man who was driving the Chevy said he was being followed and was traveling around 75 mph, according to police. He was issued citations for failure to reduce speed, driving an uninsured vehicle, and causing bodily harm.