The First District Appellate Court, in an unpublished order decision by Justice Robert E. Gordon, found that signs must be posted at the park and that any ordinances restricting the age of users of playground equipment must be published in order for the park district to claim immunity.

The case, Artenia Bowman v. Chicago Park District, involved a 13-year-old girl who fractured her ankle on a slide with a hole in it, which the park district claimed was intended for children under 12. In July 2011, the child’s mother filed a complaint in Cook County Circuit Court seeking recovery of medical expenses. Bowman alleged that the park district had received several complaints about the broken slide and had failed to fix it.

The park district raised an affirmative defense, arguing that the girl was in violation of an ordinance restricting the use of playgrounds for younger children to those between ages 5 and 12. Whether or not there was a sign indicating the age restriction on the day the girl was injured remained in question, but the trial court granted summary judgment to the park district in June 2013.

On appeal, Judge Gordon wrote that there was no evidence that the park district took measures to enforce the age restrictions, and that there was no way for a child to know that such a restriction existed.

Paul Greenberg of Briskman Briskman & Greenberg represented Bowman. Greenberg noted that while the ordinance in question refers to park equipment intended for use by younger children, it does not specify which equipment or locations are age-restricted. Greenberg said that the ruling is important because the park district will now have to publicize the ordinance and/or post signs if it wants to restrict playground users to certain age groups.

Paul Greenberg is a Chicago personal injury lawyer and attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to GBS International, a group that promotes awareness of Group B Strep, the condition is the most likely cause of infections in newborns.

GBS does not infect every newborn that is exposed and women who carry the bacteria do not carry it consistently. Babies are most likely to become infected with the bacteria as they pass through the birth canal.

GBS can leave a baby with handicaps like deafness, blindness or cerebral palsy, according to GBS International.

Protecting a baby from GBS involves testing. Doctors can do a urine culture for GBS or other bacteria during the first and third trimesters. It is important for pregnant women to see a doctor immediately if they show signs of a vaginal infection. C-section babies are still at risk, according to GBS International, and IV antibiotics before the surgery can help reduce the risks of infection.

If an expectant mother tests positive for GBS during pregnancy, she should be given IV antibiotics for as long as four hours. In half of GBS infection cases, the mother showed no signs of risk factors, according to the Canadian Pediatric Society. This is why testing is an important step during pregnancy.

Symptoms of GBS include vaginal irritation or burning. The bacteria is also likely to give women bladder infections.

Pregnant women in the United States and Canada are tested as a standard of care. Even if a woman tests negative during a pregnancy, GBS International suggests being retested during the third trimester and again for each subsequent pregnancy. In a baby, GBS causes blood infections, sepsis, lung infections or infections in the fluid or the lining around the brain.

In order to reduce the risks to the unborn baby, a mother who has GBS should be given four hours of IV antibiotics before the baby is born. If the baby comes sooner than that, the hospital should observe the baby for 48 hours, according to GBS International. Breastfeeding also may supply a baby the needed antibodies to fight an infection. Everyone in the delivery room should wash their hands immediately before handling the baby, especially when the mother tested positive for GBS.

Most importantly, ask the doctor what needs to be done during every step of pregnancy and delivery if a mother has GBS. Parents of children who have tested positive for GBS should contact a medical malpractice attorney to understand their rights.

Robert Briskman is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The logistics company was in violation for improperly training workers who drive forklifts and not having adequate eyewash stations for employees who could be exposed to chemicals, according to an OSHA press release.

“Deficient forklifts and improperly handled chemicals can lead to serious injuries or death,” said Diane Turek, director of OSHA’s Chicago North office, in the press release.

CTI was cited for four repeat violations totaling fines of $132,000. The company was found to have allowed forklift operators to use equipment that stayed in service even though they had been noted to be deficient.

The company was cited for eight other serious violations with fines of $30,800. Those violations included illegible forklift name plates, unlabeled hazardous materials, and improper training on handling chemicals. A serious violation is one where there is a probability of physical harm or death because of the hazard.

Central Transport also was cited for five violations deemed “other than serious” that totaled fines of another $2,000.

Illinois’ Legislature passed a bill last year that changed the way the state handles workers’ compensation claims. One of the biggest changes has to do with which doctors can be used to determine the nature and severity of an injury. The new law may require an injured worker to pick a doctor from within a preferred provider network.

The state’s new law slices medical fees to hospitals and doctors by 30 percent in hopes of saving about $700 million a year, according to the Insurance Information Institute. Other cost-saving measures include reducing the number of weeks a worker with carpel tunnel syndrome can receive benefits from 40 down to 28.5. Carpel tunnel is a repetitive stress injury that can limit the use of one or both hands. Benefits also are capped at a 15 percent loss for carpel tunnel cases.

The new law also cuts off wage differential, which used to be available over your lifetime. Wage differential is the difference between what you could make before the injury and what you can make after the injury. This is now cut off at 67 years old or five years after the injury, whichever comes later.

The new law does not address causation, or the degree to which an injury was caused by working for the employer. The law did, however, adopt AMA guidelines for determining the degree of injury.

A qualified workers’ compensation attorney can help injured workers understand the complexities of the new law and how to make sure they are compensated for their injuries.

Paul Greenberg is a Chicago workers’ compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Distraction-related accidents took the lives of about 3,000 people on America’s highways last year, according to NTSB Chairwoman Deborah Hersman.

The agency’s press release calling for the ban included examples of deadly crashes, injury accidents and near misses caused by distracted drivers, pilots and engineers.

The NTSB does not have the authority to make state law, but the agency’s recommendations can be used when legislators bring the issue up in capital buildings across the country.

For example, a motorcoach driver slammed into a low bridge in 2004 while using a hands-free device and injured 27 high school students. A commuter train conductor texting on his phone hit a freight train head on in 2008, killing 25 in California. Two airline pilots using their laptop computers were distracted and overflew their destination by 100 miles in 2009. A tugboat mate killed two tourists while he was using a laptop computer when his tug pushed a barge over their duckboat in the Delaware River in 2010.

The NTSB report outlined the different mishaps in assorted transportation types in an effort to show the many ways that portable electronic devices can distract the operator of a vehicle. The agency set the deadlines across all modes of transportation.

The Department of Transportation banned the use of smartphones by professional truck and motorcoach drivers in the fall. That rule was created by the Pipeline and Hazardous Materials Safety Administration and the Federal Motor Carrier Safety Administration.

Researchers say the statistical evidence backs up the NTSB’s recommendations. An analysis of 300 studies on mobile phones showed no evidence that people using hands-free devices were any less distracted than people holding a phone to their ear, according to the Associated Press.

American privacy laws have made it difficult for researchers to gather thorough data on motor vehicle accidents caused by cellphone distraction. Studies conducted in Australia and Canada have shown drivers are four times more likely to crash if they are talking on the phone regardless of whether it was hands-free or handheld.

A Carnegie Mellon study from 2008 also backed up claims that hands-free devices are just as dangerous as hand-held ones. That research showed it is the brain, not the hand, that is distracted. Driving while talking on the phone is distracting because the brainpower is being divided. Research done in driving simulators showed a loss of skills when drivers were subjected to voices talking to them, according to the AP. Investigators see personal electronic devices in increasing numbers of accident scenes.

Paul Greenberg is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The problem with surgeries was originally highlighted in 1998 by the Joint Commission, a nonprofit group that accredits health care organizations. The health care community has made many necessary fixes, but there is still a long way to go, according to Commission President Mark Chassin.

Many hospital groups across the country have been successful addressing these surgery mistakes through procedural changes, according to Hospitals and Health Networks Magazine.

A Safe Surgery Coalition in Minnesota began a campaign to eliminate surgeries performed on the wrong site in three years. In its first year, the campaign brought wrong site surgeries down from two or three a month in the state to only one per month. In Pennsylvania, one group of hospitals reduced its wrong site surgery numbers from an average of 15 a year down to only four.

These positive changes are the result of disciplined work, according to the magazine. Hospital groups unwilling to put in the effort still have unacceptable rates of surgery site mistakes. The causes of wrong site surgeries can be complicated to solve. Errors usually happen because of miscommunication during surgery prep, according to the magazine.

The procedural fixes that can lead to fewer or even zero wrong site surgeries are so simple, they sometimes do not get enough attention, according to Dr. Bill Berry, who is the program director of Safe Surgeries 2015, an initiative from the Harvard School of Public Health.

Wrong site surgery problems can occur in several places throughout the process including scheduling, consent forms, on-site marking and operating room time outs. The procedure that can bring about the biggest change when done correctly is known as the OR time out. A time out is the final check before the surgery begins.

The state health department in Minnesota created a process to address wrong site surgeries called the Minnesota Time Out. Researchers there found that the time outs were chaotic and rarely consistent or thorough, according to the magazine.

By creating a time out process where everyone in the room has a role and the procedure is followed every time, Minnesota has seen improvement.

Sometimes adding new processes to protect the patient can ruffle the feathers of health care professionals who are set in their ways, but that is where a hospital CEO must step in and insist that safe surgery processes be implemented and followed, according to the magazine.

Victims of wrong-site surgeries have real and long-term effects from the incorrect procedures. A medical malpractice attorney can hold the guilty party responsible while the victim recovers.

Robert Briskman is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The new rule was jointly created by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration. “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel,” said DOT Secretary Ray LaHood after the rule went into effect in November.

The new rule is simple and has financial and professional consequences. Commercial drivers are no longer allowed to use a hand-held phone of any kind while operating a bus or truck. Drivers found in violation of the restriction will be fined up to $2,750 per offense and may be disqualified from operating a commercial vehicle after multiple violations, according to the DOT. States hold the commercial driver’s licenses and will revoke them after multiple offenses.

Commercial truck or bus companies also can be fined for allowing their drivers to operate hand-held smartphones while driving. The maximum fine for companies is $11,000.

There are about four million professional commercial drivers in the United States, according to the DOT. The government got the authority to make such a rule from federal highway safety laws passed in the 1980s. The DOT used research from its own 2009 study showing the dangerous effects of distracted driving that indicated it does not take much distraction for a commercial driver to create big problems on the highway.

The study found that doing things like text messaging on a phone were more than twice as distracting as rummaging through a grocery bag or looking at a map while driving. It also showed that using a hand-held device was about five times more distracting than speaking on the phone hands-free.

As many as 500,000 people were injured in crashes involving a distracted driver in 2009, according to the DOT’s research. Another 5,474 died in distracted driving accidents in the United States that year. The DOT’s study alarmed the industry, and government agencies have been cracking down ever since. The FMCSA and the PHMSA both banned texting while driving in 2010 in hopes of cutting back on distracted driving. The new smartphone ban goes much further by banning use of all hand-held devices.

Some of the country’s largest employers of commercial drivers like Wal-Mart, UPS, Greyhound and Covenant Transport already had rules banning their drivers from using smartphones, according to the DOT’s press release.

Paul Greenberg is a Chicago truck accident lawyer and Chicago truck accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

If physicians and medical professionals are getting the dosage wrong on Dilaudid, it might be because it is three to five times more potent than morphine. Dosing guidelines changed about eight years ago, but the drug is still being prescribed at the wrong dosage, according to Outpatient Surgery Magazine.

Pain management has become one of the more challenging aspects of the medical field and getting it wrong can create a host of new problems. “Overdosing has been complicated by an apparent lack of understanding by some physicians and nurses of what represents a safe dose,” wrote Dr. Howard Marcus in the December 2011 issue of the magazine. The drug also can create problems for people using other central nervous system depressants or alcohol, he wrote.

Patients with other health issues could also be at risk if they are given Dilaudid for pain management. Patients with sleep apnea, kidney disease or congestive heart failure all can have unintended reactions with Dilaudid, he noted.

A woman in New Mexico is suing a hospital because she had a dangerous reaction to DIlaudid while being treated for severe abdominal pain. The woman was obese and suffered from sleep apnea. She had a seizure during her sleep in the hospital and nurses barely made it in time to save her, according to the Santa Fe New Mexican. The complaint alleged that the hospital did not adequately train its staff to monitor patients taking Dilaudid.

The drug is a hydromorphone painkiller used for moderate to severe pain. Dilaudid is a semi-synthetic derivative of morphine and is classified as both a narcotic and an opiate, according to the Promises Treatment Centers website. Doctors prescribe it as an alternative to morphine because it has fewer side-effects, but since it is considerably stronger, there is a potential for abuse.

Doctors commonly order a Dilaudid at a rate of one to four milligram IV, according to Dr. Marcus. That order is similar to eight to 32 milligrams of morphine. After dosing recommendations changed, the new Dilaudid dosages should be 0.2 to 0.6 milligrams every two to three hours.

One large hospital group stopped using other narcotics and started using Dilaudid exclusively with tight controls. By removing meperidine/promethazine, which is no longer a first-line analgesic, the hospital’s staff was required to keep track of fewer types of drugs, dosages, side effects and uses, according to Dr. Marcus. This resulted in lowering the risk of respiratory depression as a result of narcotics.

Families of patients who suspect they have been injured or killed as a result of getting the wrong dose of Dilaudid can contact an attorney who specializes in personal injury and wrongful death.

Robert Briskman is a Chicago wrongful death attorney and Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Journal Watch Pediatrics published a 2007 report that found between 1985 and 2005 more than one child died per year in the United States because of suffocation associated with a bumper pad.

The Chicago Tribune found that federal officials have investigated more crib deaths but have not officially blamed the fatalities on the bumper pads. In other cases, death certificates have indicated a child suffocated against a bumper pad but no federal investigator looked into the connection.

The paper’s reporting inspired the Chicago City Council to act on the information and ban the sale of bumper pads in the city. City aldermen said they introduced the ordinance in part to encourage federal regulators to act. Chicago is the only city in the United States to institute such a ban.

Health officials in Maryland proposed a ban on crib bumper pads in September for that state. If Maryland legislators take up the issue, it would become the first state to do so. Officials also called for an education campaign to accompany the ban, according to the Baltimore Sun. The educational campaign will include safe sleep videos that will be shown in maternity wards. The task force advising Maryland officials concluded the bumper pads provide little safety effect, but pose a small, real death risk with asphyxiation.

The American Academy of Pediatrics warns that cribs should contain no pillow-like objects like adult blankets or stuffed animals. Target and Babies R Us both indicated that they would comply with the local laws, according to the Tribune.

Chicago’s ordinance will be enforced by the Department of Business Affairs and Consumer Protection for the city. Retailers can expect a fine of up to $500 per violation for breaking the ordinance, according to the Tribune.

Bumper pads are sold to help prevent babies from getting their limbs trapped between the mattress and the walls of the crib. They are supposed to be firm and not pillow-like so as to prevent suffocation. The city of Chicago did not specify how it would define bumper pads for the purpose of the ban.

Paul Greenberg is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

No one wants to be in a car wreck, but sometimes, life happens. If the wreck is bad enough, those involved are not exactly going to be coherent when asked what happened. For your own sake and the sake of any lawsuit you may choose to file later, don’t make any comments on the accident, what you were doing prior to the accident or what speed you think you may have been going. Hire a Chicago injury lawyer first, tell them the details and let them handle the fallout.

Personal injury lawyers with significant experience handling car wrecks have the innate ability to sort out the pertinent information needed to present in court. They also have the advantage of being calm and rational when dealing with the case, something you may not be, which could harm your lawsuit.

While most victims that have been hurt in a car crash as the result of someone else’s negligence know that they can sue, they may not be aware that they might be entitled to bring action against a third party as well. This would happen if the negligent driver did not own the vehicle he or she was driving. The legal owner of the car may also be named in a personal injury lawsuit and may ultimately be found liable.

This third party involvement is referred to as negligent entrustment and means that if someone lends an item they own, either accidentally or deliberately, and someone is hurt because of that, they could be legally liable. The owner/lender must be aware that by loaning their property, it created a risk of harm to others.

Negligent entrustment has some criteria you need to prove to succeed in court. The first is that the legal owner of a vehicle involved in a wreck did entrust their car to the person who caused the accident. To boil this concept down to English and not legal jargon, think: the act of providing access to a vehicle is enough.

The second criteria involves proving that the person who was driving the car (not the legal owner) was driving incompetently. Think: poor driving extract showing numerous traffic tickets and/or convictions for careless driving or other vehicular infractions, driving without insurance or a license or knowing the person who borrowed the car had a drug or alcohol problem.

If you find yourself in a situation like this, contact a Chicago injury lawyer and find out what your rights are and how a potential lawsuit may be handled.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

Unfortunately, in today’s harried and rushed world filled to the brim with new diseases, spectacular accidents needing surgical intervention and new drugs being brought on to the market, medical malpractice is becoming a bit too familiar to many American families. It only takes one small error to set off a chain of events that may result in serious injury or death for the patient. Too often, medical errors are the reason why a plaintiff seeks help from a Chicago injury lawyer to recover damages for their injuries.

Studies over the course of the last 10 years indicate that medication errors have injured approximately 1.5 million people annually and that a higher number of the errors tend to happen in an outpatient setting, as compared to a hospital environment. On the other hand, these same studies also point out that injuries suffered in hospital are more severe.

What are the most common instances that prompt a patient to file a medical malpractice lawsuit? One of the more common reasons for filing a med mal action is misdiagnosis. This is the result of the doctor calling it wrong in the first instance when attempting to diagnose a patient. The plain fact is that if the patient’s problem is diagnosed in error, the medication is incorrect as well. You can well imagine what may happen from there. Statistics show that failure to correctly diagnose breast cancer was the reason behind about 40 percent of med mal lawsuits.

Speaking of medication errors, this is another glaring mistake that makes up a large proportion of medical malpractice cases. That could involve incorrect prescriptions, the wrong combination of medicine(s), the wrong medicine entirely and/or an incorrect dose. Medication errors often worsen a patient’s condition, causing further damage or death. Often, medication mistakes will be cited in a medical malpractice case being presented in court by a Chicago injury lawyer on behalf of an injured client.

Surgical errors also rank fairly high up on the list of medical malpractice lawsuits and may be the result of lack of adequate care or lack of proper pre-operative planning. Errors may involve things such as operating on the wrong body part, puncturing internal organs, incorrect levels of anesthesia administered and using an improper surgical technique. In anesthesia malpractice, the doctor needs to make sure the patient has no pre-existing conditions that may create complications when put under.

As you can see, there are a number of ways medical malpractice may happen and it isn’t restricted to just misdiagnosis. If you feel you have been the victim of medical malpractice, you need to discuss your case with a knowledgeable Chicago injury lawyer. You need to find out what your rights are and how evidence is presented in cases like this.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

It’s a pretty sad state of affairs when you can’t rely on a government-run agency designed to protect you when it comes to drugs and to tell you when a drug is dangerous to your health. To be fair, the FDA does issue warnings, warning letters, demands black box warnings and even does recalls.

The problem with that is that although that looks and sounds good, the warnings often come far too late to prevent harm. These “too little, too late” warnings often wind up in court as evidence when a Chicago personal injury lawyer presents a pharmaceutical product injury case on behalf of a client.

You might be aware of the controversy over Reglan, which is also referred to as metoclopramide. This particular drug speeds up the movement of your stomach muscles, cutting the time required to empty stomach contents into the intestines. While it may sound fairly harmless, this drug has led to a high number of cases of tardive dyskinesia. The products that contain metoclopramide include the oral solution, injections, oral disintegrating tablets and the regular tablets. The FDA does list these products as having the potential to cause tardive dyskinesia.

While having a list after the fact is nice, it’s not all that helpful to patients who rely on their doctors to provide them with medication that won’t harm them. The patients and the physicians also rely on Big Pharma to make drugs that won’t harm them. Obviously, if you read the news, this is a dashed hope, as there are hundreds of dangerous drug lawsuits being litigated and filed across the nation on what seems like a daily basis.

Tardive dyskinesia produces symptoms that often include grimacing, lip smacking and puckering, tongue convexity, impaired finger movement, involuntary and often repetitive movements of the extremities and rapid eye movements/blinking. Many of these symptoms are irreversible. Where is the FDA when this is happening to patients?

The major problem is that the FDA has very few remedies at its disposal when it comes to drugs like this. Frankly, they can only demand a black box warning be printed on the product outlining the risks of Reglan. Even if the warning is on the drug packaging, not many patients take the time to read it. In other words, a black box warning is virtually ineffective and toothless, as the drug is still on the market and still harming people. This is yet another fact that may be used in a pharmaceutical product injury lawsuit being handled by a seasoned Chicago personal injury attorney.

The other remedy the FDA may resort to is something referred to as a risk evaluation and moderation strategy (REMS). In a nutshell, REMS are supposed to weigh the risks versus the rewards (if any) of using products like this to offering additional warnings to end users. Again, the product is still on the market, when in reality, it may be best to be recalled.

If you have taken Reglan and have suffered any of the above symptoms, please contact a skilled Chicago injury lawyer and find out what options you have to recover damages for your injuries.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

“It never ceases to amaze me what people do when they are driving vehicles, which can easily kill someone if they are not paying attention to what they are doing. This case that I recently read about involved a school bus crash that took the life of a 9-year-old girl. While the case did not involve talking on a cell phone or the abuse of drugs, it hinged on two other negligent actions: listening to an iPod while driving and falling asleep behind the wheel while entrusted with a bus load of school children,” said Chicago injury lawyer Michael Osborne. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims in Chicago, Illinois.

The bus was driving on a highway when it veered sharply on to the shoulder, smashing into a gravel truck parked doing mechanical maintenance. The bus continued on and hit a light pole. The driver did admit to police she was using an iPod and had likely fallen asleep, as she didn’t know what happened. There were 11 children on the 30-passenger vehicle and all of them sustained injuries that required them being taken to hospital by EMS responders.

There was no evidence of emergency brakes being applied or any form of emergency steering being used and the police opted to charge her with careless driving. The driver ultimately paid a fine and had her license suspended for 90 days. The consequences of her actions will haunt the family of the young girl who lost her life because of someone else’s recklessness; a family who may choose to file a wrongful death lawsuit in order to find justice for their daughter.

“Cases like this are never easy. The family needs to know what their rights are, how a court case will affect them and what they may expect while waiting for their case to be dealt with. They also need to know what kinds of damages they may ask the court to award and how long their case may take to settle. That is my job, should you come to me with a case similar to this. I am here to answer your questions and would be pleased to discuss your case with you should you call my firm,” Osborne said.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

Despite what this case may look like, you need to remember that often things are not what they seem. While the end result was a tragic death, this may have been caused by defective brakes, or a mechanical failure. Throw into this mixture distracted driving and the results were deadly.

This case happened in California and involved a 47-year old woman who was driving while talking on her cell phone. She got lost and decided to call her daughter and ask her to provide directions from a map. The daughter wasn’t very familiar with reading maps. During the course of the conversation, the woman wound up on a boat launch at a resort.

For reasons that no one may ever know, it appeared the woman drove to the end of the boat ramp to where the water was lapping at the edges. The SUV she was driving sat there for a short period of time and then was seen accelerating into the water. Despite the fact that the SUV initially floated, it started to take on water rapidly. The mother didn’t leave the vehicle, but remained on her cell phone telling her daughter to call the insurance company.

The vehicle then vanished beneath the water. The dive team dispatched on the rescue call found the woman in the rear cargo compartment. She was pronounced dead at the scene. While it may look like this may have been a suicide attempt or driving under the influence, there is the likelihood that her brakes may have been defective or there was a problem with the van’s transmission.

One should never assume something on the face of an accident that may in fact not be true on further investigation. This is the major reason why a Chicago injury lawyer probes deeply into all of the facts of a case to ensure justice is not only served, but accurately reflects the circumstances of the case.

This is also the reason why such great care is taken when building a personal injury lawsuit that may go to court. Any settlement process also requires that evidence be solid and unimpeachable. Justice can’t be served without a complete analysis of all the facts. Beyond that, the skill of the Chicago injury lawyer will be what wins the day.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

This is perhaps one of the oddest cases ever reported. It has yet to make its way through the courts. A gynecologist of eminent stature is being sued for branding a patient’s name on her uterus after he removed it. The branding was done with an electrocautery device.

None of this would have come to light but for a follow-up visit to the doctor’s office by the plaintiff, who wanted to know why her leg was burned during her operation. Things got weirder by the minute from that point on.

This all started in 2006, when the doctor in question removed “Ingrid’s” uterus and then, for some unknown reason, carved her first name, in one inch high letters, on the organ. His contention was that he didn’t want to confuse it with others, although he also added that this kind of thing is not usually done. It is oddly bizarre behavior for a surgeon with over 20 years experience.

Even odder was his contention that he did it as a friendly gesture because the woman was a good friend. In reality, the woman was a friend of the receptionist in the doctor’s office. Interestingly enough, the plaintiff had never met the surgeon until she needed a hysterectomy. Evidently, the branding had been done during the operation, which accounted for the burns on the victim’s leg.

During the follow up appointment, the doctor was looking at pictures that had been taken during her operation and the plaintiff and her husband asked for copies of them. The physician claimed he didn’t know how to copy the images for them, but the plaintiff’s husband (a photographer) did. They left the office with the pictures and were thoroughly shocked later when they saw her name engraved on her uterus.

In total disgust, they contacted a lawyer and filed a lawsuit. While one might think the doctor would reply to the complaint with a stated position, apparently there has been no response from him at all. Where this case will go is anyone’s guess, but suffice it to say that it’s a strange medical malpractice suit which also charges the doctor with battery and contends that the husband has lost consortium with his wife.

The lesson in this case? Medical malpractice can and does happen in strange ways and those who have been affected by actions such as this may be entitled to compensation. If you have had an experience similar to this, or feel you have been the victim of medical malpractice, call a Chicago personal injury lawyer for assistance.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

It’s the law that property owners are obligated to keep their property safe. It’s just that simple. Or is it simple? In some cases, it may not seem to be fairly straightforward, particularly if a trespasser is injured on the property and sues for damages. “While you might think they’d be out of luck, the truth is in some cases, if the owner could have anticipated someone may trespass, they may still be liable. Each case is different,” said Chicago injury lawyer Michael Osborne. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims in Chicago, Illinois.

Generally speaking, when there are unsafe conditions on a property, owners are required to post warnings that there is a hazard. This applies even if it is private property. Since premises liability is considered to be a tort or a wrong, if someone gets hurt on another’s land, the end result may be a personal injury lawsuit.

“Having said that, you should also know that premises liability laws do vary depending on what kind of property you have. For instance, if it’s a private residence and you have really obvious hazards that no one could possibly miss, you don’t need to post a warning. But, less obvious ones – like if you step on a certain part of the porch, you’ll fall through – need to be posted. In a nutshell, if you have hidden hazards and don’t post, anyone may sue you, despite their status,” said Chicago injury lawyer Osborne. Status refers to whether or not the person is an invited guest or trespasser.

Let’s say someone owns a business and people come there regularly. If this property is open to the public, it must be maintained properly and there must not be any hazards. If there is a hazard present, for instance a puddle of water in an aisle, there must be a warning sign. “If you don’t put up a warning sign and someone slips in the water, trips over a loose tile or brick or falls over something that fell from a shelf, they may be able to sue for compensation for their injuries,” Osborne said.

“If you’ve been in a similar situation and have fallen and injured yourself, give me a call. I can explain how premises liability works and also talk to you about the various kinds of situations that are classified as falling under premises liability law. For example, toxic mold, staircase injuries, elevator malfunctions, swimming pools and lead paint. I’d be happy to talk to you about your case,” he said.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

It used to be that construction workers did all the tough jobs by hand. Along came heavy machinery and suddenly, work wasn’t as hard as it used to be. The problem is, even though heavy machinery makes construction work a lot easier, it also has the potential to cause serious accidents. Most workplace accidents at construction sites usually result in extremely serious injuries or fatalities. Without due care and attention to safety procedures, construction sites are places where an accident is looking to happen.

Many of the sites we see today are busy with industrious forklifts, cranes, tractors, backhoes, graders and a variety of other powerful machines. Most of this equipment is involved in lifting, moving, hauling, pushing or placing large amounts of material from point A to point B. If the equipment isn’t in top shape and properly maintained, just about anything can and does go wrong. You only have to look at the accident statistics to find that out.

Take the case of the experienced crane operator who had been doing his job for over 30 years. He was good at what he did, but occasionally, didn’t perform the necessary checks to ensure his slings and other equipment were in proper working order. One day he lifted a piece of metal weighing close to two tons. The improperly maintained slings, which were not checked that day, snapped, and the metal plummeted to the ground, crushing three other workers. The police report indicated there was not even enough left of the men to be able to identify them.

Negligence was involved in this case because the crane operator didn’t do his job to ensure the equipment was safe. By not taking the few extra minutes to check the slings, his negligence cost three innocent people their lives and three families unending grief.

This is just one example of things that can go wrong on a construction site. Other accidents may include mechanical breakdowns, vehicle crashes, workers run over by equipment on site, workers not using machinery properly (due to lack of education or wanting to cut corners), injuries as a result of defective parts, tire blowouts and other accidents that happen because of poor maintenance or lack of maintenance. As you can see, the reasons are legion.

If you have been injured on the job, make it a point to talk to a Chicago personal injury attorney about your case. Your accident is vitally important to you and you may well be eligible to recover compensation for your injuries. You won’t know until you take action by contacting a skilled Chicago injury lawyer.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

In a recent case, a collision seriously injured five people who were waiting for a bus in San Francisco. They had taken shelter in a recessed area of an apartment building to get out of the hot morning sun, when all of a sudden a gray Ford Explorer lost control. It appeared as if the steering and brakes were non-functioning or that the driver just didn’t know how to handle a fast-moving vehicle. Remember that eyewitness reports are typically unreliable and your Chicago injury lawyer factors this into any interview results.

The van took a precipitous leap up onto the sidewalk and slammed into the recessed area of the building where the morning commuters were waiting for the bus. A total of five were injured in this accident, with the hospital listing two in critical condition and three in serious condition. At least four of the five casualties suffered multiple fractures. Some of these injuries may mean the victims will not be able to work again.

It turns out the 24-year-old female driver didn’t have a valid driver’s license. She was cited and sent home while the police continued their investigation. It’s fairly clear from the circumstances here that there were two things going on – the woman didn’t have a valid license and the SUV was out of control. Why it went out of control will be one of the issues in the personal injury cases the victims choose to file.

The key element in a personal injury lawsuit case is the presence of negligence, and it would be fair to say that it was present in this situation. The woman should not have been driving without a license. How she was driving is another issue. Was she speeding and lost control? Was she texting, talking on a cell phone or otherwise driving while distracted? This will come out during the course of the investigation. If the vehicle was defective – meaning her steering wheel or the brakes were mechanically flawed – the automaker may also become a part of any lawsuit filed.

Cases like this are indicative of the fact that no two car wrecks are alike. Many have tricky issues involved. This is just one of the reasons to talk to a seasoned Chicago injury lawyer about your case, because with serious injuries like the ones here, you will not want to try and represent yourself when dealing with the insurance company or the courts.

There is too great a chance you would lose money, miss important details, say the wrong things to the insurance company or sign off on a claim too soon. While you may think the insurance company is making a fair offer, they are not your friends and are aiming to settle for as little as they can. If your injuries are life altering and you will need care for the long-term, if you settle without the assistance of a Chicago injury lawyer, you may not have enough funds to pay for your care.

Additionally, not knowing how the justice system works, how to prove negligence and how to present a case in the best light puts you at a distinct disadvantage. Leave the insurance company to lawyers. It’s what they do the best, and in the process they ensure you get an equitable and just settlement or verdict.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

A slip and fall accident occurs when an individual slips on a surface while walking, causing him or her to fall to the ground. While many people believe that a simple slip and fall is not a major event, a slip and fall can actually leave a victim with devastating injuries that can last a lifetime. While some slip and fall injuries only cause bumps and bruises, others can cause severe injuries that result in complex fractures and other serious injuries to ankles, wrists, arms, hips, elbows and shoulders. These types of injuries can require surgeries, cause serious medical complications, require extensive physical therapy, and can even result in death.

Slip and fall accidents can occur on both private and public properties. As such, it is important for both companies and individual homeowners to keep their buildings and grounds as safe as possible for those who visit. If they fail in this important duty to visitors, it can result in dangerous, unsafe conditions that may result in an accident. Common causes of slip and fall accidents include:

• Wet spots – leaks, rain, and mopped floors can all create slippery spots on the floor;

• Snowy or icy walkways – snow or ice can cause a person to quickly lose his or her footing;

• Uneven terrain – floors that ramp up or down may cause a person to stumble or lose balance;

• Unmarked changes in flooring – properties should mark steps and other hazards so that visitors are aware of their presence;

• Unsafe lighting – if it is difficult to see, it can hinder a person’s ability to spot treacherous places on the ground;

• Debris on the walkway – trash, electrical wiring, and other items left in the walkway can cause a person to slip and fall

Property owners are required to keep their premises safe and well maintained so that injuries and accidents such as slip and falls can be prevented. When the owner or occupier of a property allows others, by invitation or implication, to make use of his or her premises for lawful purposes, he or she can be held liable for any injuries individuals sustain that are caused by a failure to exercise care in keeping the premises safe. It is important to note that keeping a property safe doesn’t mean that visitors or guests are not expected to exercise reasonable care for themselves while on the premises. It simply means that the property owner must take reasonable care to safeguard the property.

Those who have experienced a slip and fall accident on a property due to the negligence of another may be able to file a lawsuit to recover money for medical bills, lost wages, pain and suffering, or other accident related expenses.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

Being in a car accident can be a traumatic and stressful experience for the victim and dealing with the aftermath of an accident can be just as trying as the accident itself. To increase your chances of receiving the maximum financial compensation for your auto accident claim, it is best to seek legal representation as soon as possible after the accident occurs. If you get a Chicago personal injury lawyer involved in the early stages of your case, you’ll be one step closer to making sure that your medical bills are paid and covered, that you do not suffer financially due to any lost wages, and that future treatment relating to your injury will be paid for.

Filing a personal injury auto accident claim begins at the accident scene and continues until you receive adequate compensation for your injuries. There are several things you can do at the scene of the accident to guarantee a more favorable outcome for your case. You can start gathering information by simply observing your surroundings and, if possible, writing down important details, such as names of parties involved, license plate numbers, insurance information and any other details you remember about the accident.

In order to successfully pursue your case, you will need to compile documents that will support your claim. In order to receive compensation for the injuries you have sustained, you’ll need to demonstrate the effect these injuries have had on your life. The best way to document the extent of your injuries is with your doctor’s medical records. Your medical records will document each time you visited your doctor after the accident, and having these records can significantly improve your chances of getting a fair settlement. In addition, you should document all prescription medication you’ve taken and note all the symptoms you have been experiencing. This will be especially important if you plan to pursue compensation for pain and suffering. Finally, you should document all lost wages and earnings. Doing so will determine just how much compensation you deserve for your injuries.

Once you’ve provided your personal injury lawyer with all pertinent documentation related to your case, you’ll need to be patient. Pursuing compensation for your injuries can take some time, and by settling too quickly you may not know the full extent of your injuries and may not receive enough money to treat your injuries properly.

In order to win your case, it’s important that you follow the instructions of a Chicago personal injury lawyer who will work hard to ensure that you receive what’s owed to you under the law.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

Unfortunately, construction site accidents are responsible for numerous injuries and deaths each year. Construction sites are often so dangerous because they are rapidly changing environments with lots of heavy equipment, machinery and large vehicles. As such, it is not uncommon for injuries sustained at construction sites to be catastrophic, even fatal.

By law, construction companies are required to make reasonable accommodations to ensure that workers are completing their work in a safe environment. Failure to keep the working environment safe may constitute negligence. Even with mandatory safety regulations, jobs in the construction industry are notoriously dangerous. Many times, construction workers may be hurt due to the negligence of third parties such as the property owner, contractor or the manufacturer of equipment or machinery.

There are numerous types of accidents that can occur on construction sites. Construction sites present potential hazards for workers, for bystanders and even motorists passing by. Some of the most common construction site accidents that result in death or serious injury include:

• Crane accidents
• Scaffolding accidents
• Electrocution (injury from electrical hazards)
• Faulty or defective equipment
• Forklift injuries
• Machinery accidents
• Toxic exposure
• Visitor or pedestrian injuries
• Workers falling from elevated heights
• Workers struck by falling equipment or objects

When a worker is injured while on the job at a construction site, he or she may suffer devastating injuries that require months, and sometimes years, of medical treatment and care. In order to receive any compensation beyond workers’ compensation, which is often inadequate to cover all expenses associated with a serious injury, an injured worker will need to seek help from a Chicago personal injury lawyer who can identify all potentially liable third-parties arising out of the injury.

Determining liability in construction accidents will require a thorough investigation of various people or entities, including the construction site’s landowner, contractors, subcontractors, engineers, material suppliers, and architects. When attempting to determine the liability for injuries sustained in a construction accident, it is important for victims to consult with a Chicago personal injury lawyer who is knowledgeable of the construction industry, including the standards mandated by OSHA (Occupational Safety and Health Act).

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

If a worker is injured by a defective product in the workplace, he or she may be able to bring a products liability action against the manufacturer, distributer or retailer of the product. The injured worker may be entitled to damages for any physical and emotional pain and suffering the accident caused. These types of claims can be difficult to prosecute successfully, so an experienced personal injury lawyer with a history of success in products liability cases is necessary.

If a worker is injured because of his or her employer’s intentional or egregious conduct, he or she might be able to bring a personal injury lawsuit against the employer. This doesn’t mean that the employer was merely careless or accidentally did something that caused an injury to the worker. This means the employer had intent to harm the worker or was grossly negligent or reckless.

If an employer does not have adequate workers’ compensation insurance, the worker may be able to sue his or her employer. If an employer does not have the workers’ compensation coverage mandated by law, the employer is considered to have opted out of the exclusive protection provisions that workers’ compensation provides, so the injured worker would be entitled to sue. It is important to remember, though, that in taking this action, the injured employee will be responsible for proving that the employer was at fault in causing the sustained injuries.

If a third party causes an injury to a worker on the job, he or she might be able to bring a personal injury lawsuit against that person. This third party must be someone who is not an employer or a fellow employee of the injured victim who sustained the injury. The victim must be able to prove that this party’s negligence or intent caused the injuries in question.

Although workers’ compensation can provide an injured worker with money and benefits, temporary disability and permanent disability payments are normally low and do not compensate the worker for non-economic damages, like pain and suffering. Workers’ compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. Injured workers need to understand their rights if they wish to bring a case outside of the workers’ compensation system.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

Over the past several years, motorcycles have become increasingly more popular as a means of transportation. While riding a motorcycle can be great fun for a rider, it can also be extremely risky. As the number of motorcycles on the road grows, so does the number of catastrophic and fatal motorcycle accidents each year. When motorcycles are involved in accidents with passenger vehicles, motorcycle riders and their passengers are more likely to suffer serious injury and sometimes even death.

Common causes of motorcycle injuries include unsafe road conditions, severe weather, driver fatigue, drunk drivers, defective motorcycle parts and driver error. Of these causes, driver error is the most common cause of Chicago motorcycle accidents. Some motorists simply do not understand the rules of the road and may hit a motorcycle while they are changing lanes, may ignore their presence on the road, or they may ignore traffic laws. Drivers have a duty to keep a proper lookout and be aware of others on the road around them and should be especially cautious of motorcyclists.

Motorcycle accidents, when they are not fatal, can easily lead to devastating injuries. A rider has no protection against the open road, and an accident with a car or truck can leave him or her with injuries that can last a lifetime, such as a traumatic brain injury. Traumatic brain injuries and the symptoms associated with this injury can be costly for victims. In addition, motorcycle accidents can cause severe orthopedic injuries. When riders or passengers are thrown from a motorcycle, they sometimes attempt to avoid injury to themselves by using their arms or legs to break their fall. The impact of this often results in wrist and leg injuries. In some cases, spinal cord injuries are also caused by falls from a motorcycle.

If you or a loved one has been seriously injured in a motorcycle accident as a result of someone else’s negligence or wrongdoing, you may be entitled to compensation for your medical expenses, loss of wages, long-term medical care and other related damages. You should contact an experienced Chicago personal injury lawyer who will advocate for your rights.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

Unfortunately, accidents involving big rigs are catastrophic and almost always involve fatal injuries. The amount of potential damage caused by these vehicles is much greater than that of cars, SUVs, pickup trucks or other conventional vehicles. The sad reality is that in a head-on collision with a big rig, a compact car doesn’t really stand a chance. Due to this, commercial truck drivers are held to driving laws significantly more rigid than those of the average motorist. They are required to receive special training that will minimize accidents, must adhere to strict rules regarding the numbers of hours a driver is allowed on the road and are subject to numerous other safety and maintenance requirements.

When drivers of big rigs fail to follow the law, accidents will happen. Accident statistics show us that these drivers don’t always comply with the rules set out for them. Commercial drivers are usually paid by the mile and incur penalties for failing to meet their assigned deadlines, and this gives them an incentive to drive longer, even if they feel fatigued. To combat this, some drivers actually use stimulants to keep themselves alert while driving. The effects of such drugs can be difficult to predict, and they often threaten the safety of the driver and other motorists.

While you can’t control the actions of other drivers, you can and should drive with caution when big rigs are on the road. If traveling on the highway with these trucks, stay as far away from them as you can. You should give them all of the space they need to travel safely. It is especially important to avoid driving between two commercial trucks, as this can put you in even more danger. Car drivers sharing the roads with these big rigs need to be aware of their own actions and drive with extreme caution when these trucks are present.

If you or one of your loved ones has been injured in an accident involving a big rig, you should immediately contact an experienced Chicago personal injury lawyer who has successfully handled cases against trucking companies. In doing so, you can focus on the road to recovery while your attorney fights for your rights to compensation for your injuries.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

Structured settlements are often utilized in personal injury cases as a means of compensating the victim for his or her personal injuries. Unlike a lump sum payment, which entitles the victim to the entire sum of his or her settlement upfront, a structured settlement is an agreement that guarantees the defendant or the defendant’s insurance company will make periodic payments to the victim over a set period of time.

Many victims of a personal injury accident choose structured settlements because of the tax advantages they provide. In a structured settlement, the principal and any interest gained from it are tax-free. This is not the case with lump sum payments, as they only offer victims a tax-free principal. Any earnings or interest on a lump sum payment is fully taxable as income, and these tax liabilities can greatly reduce the victim’s cash payout.

Structured settlements also offer victims the benefit of flexibility. Victims have the opportunity to structure their settlement in the way that best addresses their financial needs and protects them from inflation. Structured settlements can be set up as simple yearly payments, periodic lump sum payments every few years, or even set up with an initial lump sum payment and monthly indexed payments.

Long-term money management issues are another reason why victims may choose a structured settlement over a lump sum payment. A structured settlement will ensure that money will be there when the victim needs it. Structured settlements can provide a steady source of income, and thus offer victims greater peace of mind. Structured settlements can be particularly beneficial for those who have sustained injuries that require long-term care, as they will provide funds for the victims’ ongoing needs. Receiving a lump sum up front may put victims at risk of spending their settlement too quickly, leaving nothing for a time when the money may be necessary to pay for further medical treatment or equipment.

Before accepting a settlement offer, victims should seek the advice of an experienced Chicago personal injury lawyer. A personal injury lawyer will ensure that victims are compensated fairly for their injuries and will fight on their behalf to secure the best possible settlement.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

Under Illinois law, you have a right to cover damages for a personal injury sustained due to the negligence of someone else. The monetary amount you are entitled to recover by law is based on the different elements of your damages and each case varies.

Many victims incur a great deal of medical bills as a result of their injuries. As such, medical bills are a major part of your potential recovery against the wrongdoer in a personal injury case. The amount of these bills may be used by the court as basis to determine the value of your claim. If you have been injured due to the negligence of another, make sure you save all receipts from the medical care you receive. Your Chicago personal injury lawyer will need these documents in order to make your claim.

Another element used to determine damages in a personal injury case is lost wages or lost time from work. This applies to individuals who earn salaries as well as those who earn hourly wages. If you have suffered a personal injury and you have to miss work or decrease your hours to part-time, you may be able to recover these damages from the person who caused the accident. While it is possible to receive compensation for lost time and wages, you may have to prove your lost time.

Pain and suffering is an additional element that can be used to assess damages in a personal injury case. This element, however, can be difficult to assess because it is less easily defined than medical bills or lost wages, which are easy to calculate. Being compensated for pain and suffering is an attempt to compensate you for the time that you are in pain after an accident. It deals with how your life was affected by the accident and your ability to carry out your activities of daily living. In addition, there is no standard methodology for calculating an appropriate amount of compensation for pain and suffering. You should be sure that you are able to explain to your lawyer just how your life has been affected by your accident.

A final element that can be considered in determining damages is the issue of permanency. In severe personal injury cases, victims may suffer pain years after their accident or injury. In addition, victims may have received a permanent scar or deformity that may be compensable as permanent.

If you have been injured in an accident, you should contact a Chicago personal injury lawyer who can help you to consider each of these elements and determine the proper amount of damages owed to you under the law.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.

Manufacturers have a duty to consumers to provide products that are neither defective nor dangerous. When a defective product enters the market and injures a consumer, all those involved in the manufacturing chain, including the manufacturer, wholesaler, and even store owner, can be held liable.

In order to have a successful products liability case in Chicago, you must prove that the product in question is defective and that the defect is the cause of your injuries. There are three types of defects that incur product liability: design defects, manufacturing defects and marketing defects. A product liability lawsuit can be filed based on any one of these types by themselves or in combination with another defect.

Design effects are inherent to the product; they exist before the product is manufactured. While the item in question might actually serve its purpose well, it can be dangerous to use due to its design flaw. Design defects can be difficult to prove, and a plaintiff must be able to prove that there is an alternative design that would be safer, as economically feasible as the original, as practical as the original, all while retaining the purpose of the original item.

Manufacturing defects, on the other hand, occur during the construction or production phases of the item. In this case, only a few products out of the many produced are actually flawed. These defects are not intended but occur when a product departs from its intended design. This departure from the intended design actually results in a product that is less safe than the original and brings harm to the consumer.

Marketing defects are based on inadequate warnings or improper instructions. Some products may be unavoidably hazardous, but it is a manufacturer’s responsibility to warn consumers of this, so that all possible injuries can be avoided.

Consumers should realize that they have rights when it comes to being harmed by products they purchased in good faith. If you believe you have been injured as a result of a defective product, you should contact a Chicago personal injury lawyer who can help you gather the necessary evidence to prove your case and advise you of your rights to compensation.

Michael Osborne is a Chicago injury lawyer. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit Michaelosbornelaw.com or call (312) 315-1765.