Articles Posted in Personal Injury

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In some personal injury accidents, it can be difficult to determine who is at fault and whether multiple parties bear responsibility for the devastating outcome. Life is complicated and many accidents often reflect this in the number of parties that are involved in the incident and who may bear liability. Just because a party was involved in an accident at some point does not mean he or she can be held responsible for the outcome. As seasoned Chicago wrongful death lawyers, we are prepared to help you ensure that you hold each potential responsible party accountable for the losses that you’ve sustained.

Recently, the Illinois Court of Appeal considered a claim in which liability was disputed for the death of an individual due to a traumatic brain injury. the decedent was consuming alcoholic beverages at an event sponsored by his employer. The employer provided free alcoholic beverages and the decedent consumed several until he became intoxicated. In the early morning hours, the employer stopped serving the defendant. He later left the premises and fell suffering a traumatic brain injury that ultimately caused his death.

His father, acting as the independent administrator of his son’s estate and as an individual, brought a claim against the employer alleging that it was responsible for his son’s death. The defendant filed a motion to dismiss and the trial court granted it. The father refiled the complaint and alleged negligence under a voluntary undertaking negligence theory. The complaint alleged that the defendant owed a duty of care to the decedent because it voluntarily undertook that duty when it ejected the intoxicated decedent from the bar.

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When a devastating accident takes place, one of the most frustrating aspects of trying to secure the compensation that you deserve is determining which defendants are liable. There are countless different procedural rules that apply to personal injury cases and certain steps that must be taken to ensure that the right parties are in the lawsuit. Some potential defendants will try to make things as difficult as possible to avoid being named in a lawsuit or to be dismissed from the lawsuit once they are named. The dedicated Chicago personal injury lawyers of Therman Law Offices are prepared to help you assert your rights and obtain the fair treatment that you deserve.

The Illinois Court of Appeals recently issued an opinion in a case involving a plane crash that resulted in the deaths of seven men during April 2015. The estates of the decedents each filed a claim for negligence in Illinois against the maker of component parts for the aircraft and other related defendants. The manufacturer filed a motion seeking dismissal from the lawsuit claiming that the court did not have jurisdiction over the company.

The director of operations for the manufacturer described the company as a Texas limited liability partnership that engages in overhauling engines and selling aircraft parts. It advertises its services and products in several aviation magazines and is registered to do business in Texas. It performed most of its work in Texas and Illinois customers accounted for roughly 1% of its total revenues. The director admitted that the company sold component parts to an aviation company in Illinois and that between 2012 and 2016 it sold component parts to several other companies in Illinois.

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Truck accidents can happen on the road, causing serious personal injuries and other damages. But they can also cause injuries when the operator or other professional attempts to use the truck. The vehicle does not always have to be in motion for there to be a risk of injury or some negligent conduct. At Therman Law Offices, our Chicago truck accident lawyers are ready to help you seek the compensation that you deserve after an unnecessary and painful truck accident.

A recent case from the Illinois Court of Appeal discusses a situation involving a dump truck. The victim worked for a trucking company as a driver. While he was working on a dump truck leased from another company that was loaded with mulch for a delivery. He climbed on top of the vehicle and lowered himself into the trailer so that he could rake the mulch and level it inside the trailer. At the time he climbed down, he noticed that surfaces of the trailer were wet. When he finished raking and leveling, he attempted to exit the trailer by using the ladder on the side of the trailer when he fell. He landed on his feet and experienced a sharp pain in his back. He informed his employer, completed the delivery, returned to the truck yard, and prepared the next day’s delivery. He used the stairs one more time without incident.

The worker and his wife filed a lawsuit against multiple parties including the trucking company and seller of the truck alleging that the defendants were strictly liable for his injuries and negligent in failing to provide safe access to and from the trailer. They also alleged that the manufacturer failed to provide adequate warnings and safety measures and failed to perform sufficient product testing to ensure the trailer’s safety.

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Construction workers face some of the most serious and deadly accidents in their line of work. Whether it’s dangerous machinery, faulty scaffolding, or exposure to chemicals, there are countless ways that a construction site can turn dangerous. Although many instances of construction workers becoming injured are handled in the Illinois workers’ compensation system, there are some instances where the conduct is so egregious that the injured worker may be able to file a claim in civil court. As seasoned Chicago construction accident lawyers representing Illinois victims, Therman Law Offices is prepared to assist you with evaluating your potential lawsuit.

A recent case discusses a situation where the worker was injured at a construction site. He was asked by his employer to apply sealant at the bottom of an effluent chamber settling tank. He was required to use two ladders that the team constructed to reach the bottom of the 29-foot tall tank. The ladder system required the worker to step from one ladder over to the other ladder to reach the bottom of the tank. The day before the accident happened, it rained and there was three feet of standing water at the bottom of the tank requiring the worker to wear rubber boots. When he pivoted from one ladder to the next ladder, he fell from the top of the tank 29-feet down to the bottom. He sustained severe traumatic brain injuries and broken bones.

The injured worker’s wife sued his employer on his behalf for negligence including willful and wanton misconduct, and loss of consortium. She pointed to a series of rules and regulations from the Metropolitan Water Reclamation District of Greater Chicago, which governed the project, that dictated how worksites should be maintained and the safety provisions that should be followed. The complaint ultimately alleged that the configuration of ladders and the failure to maintain a safe, dry worksite violated the regulations and the governing documents for the project.

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Arbitration agreements often come in situations involving personal injury lawsuits. Many people do not take the time to read what they are signing and, in most situations, they do not have an option to negotiate the terms of the deal. One of the most common places that arbitration agreements arise involves rehabilitation facilities or nursing homes. If you or a loved one was injured in one of these facilities and you signed an arbitration agreement, it is critical that you speak with a diligent Chicago personal injury attorney as soon as possible.

A recent case from the Illinois Court of Appeal examined an arbitration agreement signed by a person who was admitted to a rehabilitation facility. The plaintiff alleged that he fell out of bed as a result of the negligence of the facility and that he suffered injuries as a result. In response to the lawsuit, the defendant facility filed a motion to dismiss and pointed to the arbitration agreement that the plaintiff signed. The agreement stated that the parties would arbitrate any claims of negligence arising from the plaintiff’s stay at the facility. The facility also filed a motion to compel arbitration. It also provided affidavits from two employees stating that the plaintiff signed the contract and that the plaintiff appeared to be of sound mind when discussing the agreement and signing them.

In response to the motion to compel arbitration, the plaintiff alleged that the agreement was unenforceable because there was no evidence showed that the facility was a party to the arbitration agreement. The facility had undergone administrative changes and a name change since the plaintiff signed the arbitration agreement. The plaintiff also argued that it was unenforceable on the basis that it was signed under duress and due to the unfair bargaining power between the parties.

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One of the most challenging aspects of any personal injury claim is preparing for trial. This involves gathering as much evidence as possible and gaining the best understanding of the arguments and evidence that the opposing party will present. There are a number of rules that are designed to make this process as fair as possible, but sometimes disputes arise regarding how the rules should be interpreted. As seasoned Chicago personal injury lawyers, we have substantial experience in preparing for trial and will help you secure the outcome that you deserve.

The plaintiff in a recent case filed a complaint seeking compensation for injuries that she suffered while allegedly riding an elevator controlled and maintained by the defendants. The plaintiff had filed a motion attempting to bar the defendants from admitting testimony from the defendants’ examining physician on the grounds that neither the physician nor the defendants provided the plaintiff with a copy of the report that the examiner prepared after examining the plaintiff. Illinois Supreme Court Rule 215(c) sets a specific time limit for when parties must exchange this report in anticipation of presenting the examining physician for testimony at trial.

The trial court denied the plaintiff’s motion and the plaintiff filed an interlocutory request to have a higher court determine whether the trial court has the discretion to allow a medical examiner under Rule 215 to testify when the opposing party was not provided with a copy of the report that the examiner prepared within the specified timeframe.

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Work-related injuries often raise complicated issues regarding liability especially when multiple insurance companies are involved. It can be incredibly difficult to know whether an insurance company has a duty to provide coverage in a lawsuit or whether you are being treated in a fair manner. The workers’ compensation and personal injury lawyers at Therman Law Offices have helped many injured workers to receive the judgment or compensation that they deserve following a work injury and we are standing by to assist you.

Recently, the Illinois Court of Appeal considered a case involving a worker who suffered injuries while working on an escalator. A construction company had hired an escalator company as a subcontractor on a project. The injured worker was an employee for the escalator company. According to the parties’ subcontract agreement, the escalator company named the general contractor and the owner of the property where the construction was taking place as additional insureds under its insurance policy.

When the man was injured, he sued the general contractor and the owner of the premises. The general contractor deferred the claim to the escalator company that employed the worker, but it denied coverage. The general contractor then filed a complaint seeking a declaratory judgment that the escalator company’s insurer had a duty to defend and indemnify the general contractor as an additional insured. It added the escalator company as an additional defendant and argued that it may have breached the subcontract agreement by failing to have adequate insurance.

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Elevator accidents are incredibly dangerous, but they can be avoided if the owner and operator of the elevator performs routine maintenance and upkeep to ensure that it is working safely. When the owner and operator fails to take precautions against elevator malfunctions and an accident results, the victim can seek compensation from the owner and operator in a personal injury lawsuit. At Therman Law Offices, we have proudly served numerous victims of Illinois elevator injuries and we are standing by to help you assert your right to compensation.

Recently, a woman filed a complaint against the owners and operators of an elevator seeking compensation for injuries that she suffered while riding the elevator. During the litigation, the plaintiff filed a motion seeking to exclude the testimony of the physician that the defendant’s retained to examine the plaintiff to determine the nature and scope of her injuries and whether the injuries were caused by the elevator. The plaintiff asserted that the defendants did not provide a copy of the doctor’s report to the plaintiff within the timeframe required under Illinois statutes.

The trial court denied the motion, but later granted the plaintiff’s motion to certify a question for a higher court to answer regarding whether the trial court has discretion to allow the doctor to testify when the opposing party did not receive a copy of the examination report within the statutory timeframe.

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When you suffer serious and catastrophic injuries, it is important to ensure that you seek enough compensation to cover your future medical treatment needs. There are many ways to estimate these costs, including consultation with a life care planner or medical expert. At Therman Law Offices, our Chicago personal injury attorneys are prepared to help you ensure that your future expenses associated with the injuries that you sustained are properly accounted for in the lawsuit.

Recently, a man filed a personal injury action against a steel company seeking damages for injuries that he suffered when a crane struck a lift in which he was working at the defendant’s facility. The defendant accepted liability for the accident and the matter proceeded to trial for the sole purpose of determining the amount of damages that he was entitled to receive.

The jury awarded the plaintiff $9.9 million in damages and the defendant filed a motion seeking a new trial on the basis that the lower court erred by allowing one of the plaintiff’s expert witnesses to offer an opinion indicating that the plaintiff would require surgery in the future. The expert witness was asked whether, to a reasonable degree of medical certainty, the plaintiff would need hip surgery in the future. When asked what type of hip surgery the plaintiff would require, the doctor testified that he could not answer that question because he was a medical specialist and not a surgical specialist. He indicated that he would send the plaintiff to a hip surgical specialist if the plaintiff were his patient.

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Photo Credit: Syda Productions / Shutterstock.com

In addition to substantive rules that determine when someone is entitled to compensation, there are countless evidentiary and procedural rules that apply to legal proceedings. If a party fails to abide by these evidentiary and procedural rules, it can serve as the basis for a new trial. If a jury is exposed to evidence that it was not supposed to hear, it can unfairly prejudice the jury and skew its ability to apply the law to the facts of the case. As dedicated Chicago personal injury lawyers, we have substantial knowledge regarding the evidentiary and procedural rules that apply during legal proceedings and we will ensure that they are applied fairly in your case.

A recent Illinois appellate opinion provides an example of how an evidentiary rule can impact the outcome of litigation. The decedent’s wife, who was designated the independent administrator of her husband’s estate, brought a wrongful death lawsuit against the medical persons who cared for her husband up until his death, which resulted from a pulmonary embolism. A jury trial was conducted and the jury returned a verdict in favor of the defendants. The plaintiff moved for a new trial, arguing that the defendant’s lawyer ignored a pretrial motion in limine order that barred any mention of her husband’s refusal to be transferred to another hospital on the day that he died. The court found that the comments made by defense counsel in closing violated the motion in limine and were sufficiently prejudicial to warrant a new trial.

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