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Recognizing Abuse or Neglect in a Nursing Home or Assisted Living Facility

Web Admin - Wednesday, January 16, 2019
Schaumburg nursing home negligence lawyerIf you have an elderly relative who lives in a nursing home or assisted living facility, or perhaps is staying temporarily in a rehab center, you could arrive for a visit one day and find that your loved one appears to be seriously ill or injured. There are certainly many ways this can happen through no fault of the facility or caregivers. However, if you see any signs that an illness or injury was the result of nursing home negligence, abuse, or neglect, you should consult a personal injury attorney to determine your legal options.

Examples of Nursing Home Neglect in Illinois


In one recent Illinois case, a nursing home resident died as a result of a head injury sustained during a fall. While being transferred from her bed to her wheelchair via a mechanical lift, the resident fell out of the lift, striking her head. A wrongful death lawsuit was subsequently filed seeking $100,000 in total damages based on two specific claims of negligence. First, the facility’s policy stated that transfers via a mechanical lift were to be performed by two trained staff members. However, in this case, it was alleged that only one staff member was present. The lawsuit also alleged that the facility failed to act with appropriate care in response to the resident’s documented status as “high risk for falling.”

Another recent lawsuit alleged that a nursing home neglected to give appropriate care to a bedridden resident. The resident entered the nursing home specifically to receive care for pressure sores. Rather than improving, the sores grew worse and became infected. The resident’s family members alleged that the facility was negligent in failing to take appropriate action to treat the bedsores. The resident wound up needing surgery and ongoing wound care treatment for two more years, with one small, open wound still remaining at the time of the lawsuit. This case went to trial, which is unusual, because most civil disputes are resolved via pretrial negotiations. The jury awarded the resident $1.25 million, which included $475,000 for past pain and suffering, $300,000 for future pain and suffering, and an additional $475,000 for the facility’s violation of state laws designed to protect nursing home residents.

Consult a Palatine Elder Abuse Attorney  


If you have an elderly relative who may have been abused or neglected by a caregiver, your first step should be to carefully document each specific incident with photographs, times, dates, and names of possible witnesses. Then, call an experienced Arlington Heights nursing home neglect lawyer. The law firm of Drost, Gilbert, Andrew & Apicella, LLC has obtained compensation for our clients in numerous cases of personal injury, including cases involving negligence or malpractice in healthcare settings. Contact us at 847-934-6000 to schedule a free consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www2.illinois.gov/aging/ProtectionAdvocacy/LTCOmbudsman/Pages/ombuds_reporting.aspx
https://www.mednetcompliance.com/residents-lawsuits-residents-deaths/

The Dangers of Serious Injuries in Rollover Accidents

Web Admin - Wednesday, June 13, 2018
Schaumburg rollover accident attorneyAny type of motor vehicle crash is dangerous for drivers and passengers, but rollover accidents can be especially hazardous. In fact, while these accidents only make up 2.2% of all motor vehicle collisions, they account for nearly one third of the fatalities which occur in car accidents. In the 220,000 rollover accidents which occur in the United States each year, there are 9,000 deaths, 14,100 serious injuries, and 224,000 minor/moderate injuries. If you are involved in a rollover accident, it is important to understand your options for recovering compensation from the party or parties who were liable for your injuries.

Causes of Rollover Accident Injuries

Rollover accidents are particularly dangerous for the occupants of a vehicle, because standard safety systems such as seat belts and air bags may not provide sufficient protection from the type of damage which can occur. Injuries in rollover accidents are often caused by:

- Roof intrusion - When a vehicle’s roof is impacted, parts of the vehicle’s structure can impact a person’s body, or a person may be crushed, causing severe injuries such as broken bones, brain injuries, and internal bleeding can result.

- Uncontrolled movement - The violent motion of a rollover accident may cause drivers and passengers to be thrown about the inside of a vehicle, and they may collide with doors, windows, steering wheels, or other parts of a car. This can result in serious bodily damage, including back and neck injuries, sprained joints, or strained muscles.

- Complete ejection - A person may be thrown from a vehicle during a rollover accident, which can lead to severe head and spine injuries.

- Partial ejection - Parts of a person’s body may come in contact with surfaces outside the vehicle, and they may be crushed between the car and the road or ground. This can lead to severe limb injuries that may require amputation.


Rollover accidents can occur for a variety of reasons, but they are more common in larger vehicles such as SUVs and trucks than in passenger cars. Drinking and driving, driving with a large number of passengers, and driving at excessive speeds are often factors in these types of crashes.

Contact a Rolling Meadows Rollover Accident Lawyer

If you have been injured in a rollover accident, you should contact a Barrington personal injury attorney as soon as possible to determine your options for recovering compensation for your injuries. Multiple parties may be liable for your injuries, including the driver of the vehicle that rolled over, other negligent drivers, manufacturers of defective auto parts that caused the crash, or a city or state government which did not maintain safe road conditions. Call our office at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4160669/
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/810741

Bicycle Dooring Accidents in Illinois

Web Admin - Wednesday, July 09, 2014

bicycle dooring accidents in IllinoisWith the summer weather in full effect, more and more bikes have begun to appear on Illinois streets. o the colloquial term for a driver opening a door into the path of a bicyclist. This can result in either the door hitting the cyclist and injuring them, or the cyclist being forced into traffic to avoid the door, which can also result in serious injuries.

These types of accidents used to be a legal gray area, with both bicyclists and motorists sometimes being found at fault for the collision. However, a recent change to Illinois law now plants the fault squarely on motorists, giving them the responsibility to watch for passing bicyclists.

A Change to Illinois’ Vehicle Code

Illinois’ vehicle code contains a law forbidding any two-wheeled vehicle from passing another vehicle on the right without eight feet of unobstructed pavement. It was not clear that this portion of the code applied to bicycles since they do not technically fall under the vehicle code’s definition of a vehicle. However, they are required to obey all of the same rules as vehicles. Consequently, some bicyclists who were being doored were also being found at fault for the accident since they were passing too close to the car whose door they hit.

However, at the start of 2014 a new version of the law went into effect. This version clarifies that vehicles that operate under human power are not subject to that portion of the law. With that change, it is now clear that motorists are the party with the responsibility to watch out for bicyclists before opening the door.

The Law Against Dooring

This responsibility comes from another portion of the vehicle code. This section (625 ILCS 5/11-1407) forbids drivers from opening the door of their vehicle “on the side available to moving traffic,” when it is not reasonably safe to do so. Some municipalities will fine a motorist for carelessly opening their door into traffic, but that is not the only legal implication. An injured cyclist may also sue a driver for negligently opening their door into traffic. If the motorist failed to use due care when opening the car door, then the cyclist may be able to recover for their injuries. Such recovery may include medical costs, lost wages, and pain and suffering caused by the motorist’s carelessness.

If you have recently been involved in a bicycle dooring accident, contact an experienced Illinois personal injury attorney today. Our skilled team of lawyers represents clients across the northwest suburban area, including in towns like Arlington Heights, Deer Park, and Inverness.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Truck Accidents in Illinois: Understanding the Types of Collisions

Web Admin - Tuesday, May 06, 2014

illinois truck accident lawyerAccidents involving commercial trucks are a special type of traffic accident that differ from normal car wrecks in both practical and legal matters. From a practical standpoint, accidents that include a commercial truck can be especially dangerous. Even though truck accidents only account for three percent of all accidents in Illinois, the Illinois Department of Transportation reports that they make up nine percent of all accidents involving a fatality. Furthermore, nationwide statistics reveal the 83 percent of people killed in truck collisions are either pedestrians or occupants of other vehicles. Given the abnormally severe consequences of truck accidents, it can be important to understand the general law surrounding them, as well as the specific concerns that arise in truck accidents as opposed to other types of crashes.

The Law of Truck Accidents

Truck collisions are governed by the same law that governs most traffic accidents. This means that the lawsuit will most likely proceed under a theory of negligence. In order for the victim to succeed in showing that the defendant acted negligently, they will need to prove four things:

  • - That the defendant had the responsibility to use “reasonable care” to prevent harm from coming to the plaintiff (motorists almost always have this responsibility towards each other);
  • - That the defendant acted carelessly;
  • - That the defendant’s careless act caused the accident; and
  • - That the plaintiff suffered harm in the accident.

While these four things, often called the elements of negligence, arise in most traffic accident lawsuits, the fact that a commercial truck was involved creates unique considerations, especially because the truck driver may be an employee of a company.

Distinct Considerations for Trucks

Commercial trucking accidents differ from normal automobile crashes in a variety of ways. One of the most common changes is the fact that commercial truck drivers are often employees of a company. This means that the person whom the truck driver injured may be able to hold the corporation responsible for the acts of its employee. This could happen through two different methods.

First, the plaintiff could try to show that the trucking company was in some way negligent. Examples of negligent behavior on the part of companies might include improper maintenance of the trucks, insufficient training of the employees, or a failure to properly supervise employees. This last issue of improper supervision can be important since there are particular regulations related to the trucking industry that govern things like the amount of time that a driver may spend on the road consecutively. Failing to abide by these regulations could increase the chance of a serious accident.

Even if a corporation is not negligent in its own actions, the court may still hold it responsible for its driver’s actions under a doctrine known as “vicarious liability.” This doctrine states that employers may be held liable for their employees’ actions in situations where an employee is acting on behalf of the employer.

If you have recently been the victim of a truck collision, reach out to a skilled Illinois personal injury attorney today. Our experienced team helps clients in towns all over the northwest suburban area, including in Palatine, Arlington Heights, and Des Plaines.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


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