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Study: Dramatic Increase in Non-Powder Gun Injuries to Children

 Posted on December 00, 0000 in Cook County personal injury lawyer

non-powder gun, paintball gun, Cook County Personal Injury LawyerA new study conducted by the Stanford University School of Medicine discovered that the number of eye injuries sustained by children from non-powder guns has increased sharply within a two year period. In fact, these injuries rose by more than 500 percent.

Instead of using gunpowder to fire, non-powder guns utilize compressed air or springs. Examples of the types of non-powder guns included in the study were air, BB, paintball, and pellet guns. These items have experienced a surge in popularity over the past few years,  and according to statistics, there are approximately 3.2 million non-powder guns sold in this country every year.

Researchers analyzed the number of reported eye injuries, caused by non-powder guns, which occurred between 2010 and 2012. The data used came from the National Electronic Injury Surveillance System.

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Walmart Settles Truck Crash Involving Actor Tracy Morgan and Others

 Posted on December 00, 0000 in Cook County personal injury lawyer

truck accidentTracy Morgan and Walmart have announced a settlement regarding the New Jersey truck accident which seriously injured Morgan and killed comedian James McNair last year.  The terms of the settlement are being kept confidential, according to a press release first published by Marketwatch.

The lawsuit stems from a crash in June of 2014 when the limo in which Morgan and others were riding was struck from the rear by a semi-truck operated by a Walmart employee.

The lawsuit alleged that the Walmart truck driver had been awake for more than 24 hours before the crash and that his commute of 700 miles from his home in Georgia to work in Delaware was "unreasonable." It also alleges the driver fell asleep at the wheel.

A report by federal transportation safety investigators said the Walmart driver was driving 65 mph in the minute before he slammed into the limo van. The speed limit on that stretch of the New Jersey Turnpike was 55 mph and was lowered to 45 mph that night because of construction.

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Are High Speed Limits Contributing to Tractor-Trailer Accidents?

 Posted on December 00, 0000 in Cook County personal injury lawyer

tractor-trailers, speed limits, Cook County Personal Injury AttorneyAccording to statistics from the Federal Motor Carrier Safety Administration (FMCSA), there are approximately 4,000 fatal tractor-trailer crashes in this country annually. Another 95,000 victims are seriously injured in truck accidents. The number of tractor-trailer accidents increases every year.

One of the main causes of tractor-trailer accidents is speeding. A federal investigation recently suggested that most of the tires that are on these vehicles are not designed for the constant high speeds at which truck drivers are often traveling.

The National Highway Traffic Safety Administration's (NHTSA) found that, although there are several tires that are rated at 81 mph, the majority of tractor-trailer tires are rated at 75 mph. However, there are 16 states in this country which have passed speed limits of up to or more than 75 mph. Three states - Idaho, Utah, and Wyoming -  have even approveed speed limits of 80 mph. The maximum speed limit in Texas speed is 85 mph. Unfortunately, many tractor-trailer drivers are exceeding even these high limits, causing serious safety issues and the high risk of rollovers and tire blowouts.

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Preventable Complications: Who Are the Country’s Most Dangerous Surgeons?

 Posted on December 00, 0000 in Cook County personal injury lawyer

complications, Illinois malpractice attorney, Cook County personal injury lawyerIn 1999, the medical report, “To Err is Human” was released, shining a spotlight on what was previously unknown by an unsuspecting public – the actual number of medical errors which occur every day. According to the report, which was compiled by the Institute of Medicine, there were approximately 44,000 to 98,000 lives lost every year due to mistakes made by medical personnel. Although the report is credited with exposing this deadly issue, medical errors continue to be epidemic and recent studies estimate that there are now over 200,000 people who die from medical errors each year – making it the number three cause of death in the country.

Thousands of patients who thought they were having a simple procedure done have died from injuries or other complications caused by medical mistakes.

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Illinois Number Four Nationwide in Dog Bite Insurance Claims

 Posted on December 00, 0000 in Cook County personal injury lawyer

dog bites, animal attack, Illinois personal injury attorneyWe Americans love our dogs. In fact, statistics say that more than half of all U.S. homes have at least one dog, and currently there are between 70 and 80 million dogs in this country. But as much as we love our dogs, there are numerous incidents that result in a person becoming the victim of a dog bite. The Centers for Disease Control and Prevention (CDCP) puts the number of people who are bitten by dogs every year at over 8 million. Approximately 890,000 of those victims require medical treatment, and more than half of those victims are children.

And it is not just dog bites that require medical attention. People can also become injured if a dog jumps on them, or knocks them down. This can be especially dangerous to elderly victims and children.

A recent study conducted by the Insurance Information Institute (III) reveals that one-third of the total amount of homeowner insurance claim dollars which were paid in 2014 were for paid to victims who had been injured by a dog. The total amount paid to these victims was over $530 million. The study found that although the number of claims decreased from the year before, the average cost per claim increased.

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New Laws For 2017

 Posted on December 00, 0000 in Cook County personal injury lawyer

Here are some new Illinois laws that went into effect on January 1, 2017…

Criminal Damage to Property Class Level

In 2017, the General Assembly raised the minimum threshold amount of property damage as it relates to class levels. Any damage to property below $500 is a Class A Misdemeanor, while damage above $500 is a Class 4 Felony. Previously, any criminal damage to property exceeding $300, in most circumstances, would constitute a Class A Misdemeanor, which is punishable by up to 364 days in county jail and anything over $300 would have become a Class 4 Felony, punishable with prison time between 1-3 years and fine of up to $25,000.

Juvenile Law Changes

New laws impacting juveniles (17 years old or younger) went into effect on January 1, 2017. One law that went into effect involves the classification of certain offenses. Under certain circumstances, Criminal Trespass to a Residence, Criminal Damage to Property, Criminal Damage to Government Supported Property, Criminal Defacement of Property, Disorderly Conduct and Obstruction of Justice constitute a Class 4 Felony, which carries penalties of 1-3 years in the Illinois Department of Corrections and a fine of up to $25,000.00. However, if the above felony offenses are committed by an individual 17 years, the individual is now facing a Class A Misdemeanor.

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Repeat Speeding Offender Gets Six Month Sentence in Fatal Crash

 Posted on December 00, 0000 in Criminal Law

The Chicago Tribune reports that the driver in the fatal car crash that killed seventeen year old Julie Gorczynski has been sentenced to six months behind bars. The case gained national attention when its proceedings prompted harsher penalties for speeders in Illinois. “Julie’s Law” went into effect on July 1, 2012.

The fatal accident that took place last year was one in a long line of speeding offences for the driver. He is reported to have been travelling at a speed that was 36mph over the maximum speed allowed. His crashed his Mazda into a Jeep in which Julie was the passenger.

Marszalek had seven prior occurrences of speeding on his driving record at the time of the accident. Had a few of those been given stiffer penalties, he may not have been legally allowed to drive at the time of the accident, possibly keeping him off the road. The accident may have been avoided.

Upon learning the current laws governing punishments for speeding offenders, Julie’s parents fought for increased penalties for repeat offenders. Their diligence resulted in the passage of “Julie’s Law”, which prohibits judges from assigning probation to drivers travelling over 30mph (highway) and 25 mph (non-rural road).

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Domestic Stabbing Hospitalizes Two Women

 Posted on December 00, 0000 in Criminal Law

MelissaPolice responded to a domestic disturbance call in Chicago’s Englewood neighborhood, only to find blood spatters on the first-floor apartment walls and floor. According to the police, a 22-year-old woman was stabbed multiple times when she knocked on the rear door of an apartment around five in the morning on February 11. Police state that a 27-year-old woman opened the door with a knife in her hand, and started stabbing the younger woman.

The younger woman was taken to Advocate Christ Medical Center in Oak Lawn with serious-to-critical injuries, having been stabbed in the head, hand, arm, torso, and back, along with sustaining a collapsed lung. The 27-year-old had also received a stab wound in her left leg during the encounter, and was taken to St. Bernard Hospital and Health Care Center. She is listed in good condition.

According to this article in the Chicago Tribune, there was another woman in the apartment during the time of the stabbing, but she did not receive any injuries. None of the women were identified in the story, and Chicago Police News Affairs Officer John Mirabelli told the Tribune that criminal charges are still pending.

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Warrantless Blood Draws and DUI

 Posted on December 00, 0000 in Criminal Law

In Illinois, a DUI arrest can occur not only when an officer believes that someone is driving under the influence of alcohol, but a DUI arrest can occur when an officer has probable cause that an individual is driving under the influence of any controlled substance or marijuana. Currently, most breath analysis equipment is only able to determine the presence and/or amount of alcohol in a driver’s system. In order to determine whether or not a suspected drunk driver has any other controlled substance in their system (e.g., marijuana, cocaine, heroin, benzodiazepines, etc.), an officer will normally request that the driver submits to blood testing at a hospital (“blood draw”).

The United States Supreme Court has held that breath analysis testing is not subject to Fourth Amendment protection, while blood testing is subject to that protection. [1] This is important because if testing is subject to Fourth Amendment protection, law enforcement will be required to obtain a search warrant issued by a judge for any testing. There are many exceptions to this warrant requirement. For the purposes of this topic, the exception to the warrant requirement that has the most impact is called exigency.

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Rise in Accidents Involving Stopped Emergency Vehicles

 Posted on December 00, 0000 in Criminal Law

By: Kal Issa

Recently, there has been a spike in vehicle accidents involving stopped emergency vehicles, mainly Illinois State Police vehicles.[1] Unfortunately, some of these accidents have led to the death or serious injury to members of law enforcement. In Illinois, it has been nearly 20 years since lawmakers enacted a criminal statute to address this issue.

Scott’s Law, otherwise known as the “Move Over” law, requires motorists to change lanes away from the shoulder when there is an emergency vehicle parked on the shoulder with its emergency red, white, blue or yellow lights flashing.[2] If it not safe for the motorist to make this lane change, the motorist must proceed with due caution and reduce its speed. Scott’s Law was named after Scott Gillen, a Chicago firefighter who was struck and killed by a motorist while on the scene of a crash rendering emergency services.

With this recent rise in fatal accidents, it is fair to presume that prosecutors are ensuring that a motorist ticketed for violation of this law face tougher penalties. A violation of Scott’s Law is punishable by a fine of up to $10,000.00. Even if a violation of this law leads only to property damage to another, the motorist’s license will be suspended for a minimum of three months, up to one year.

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