Chicago Personal Injury Lawyer Blog

An Illinois premises liability attorney at Abels & Annes has reached a settlement with the owners of a local restaurant in regards to a slip and fall that occurred back on February 13, 2010.

The plaintiff was at a restaurant located in the 12700 block of South Ashland in Calumet Park, Illinois. The defendant owned, operated, managed, maintained and controlled the premises and was further responsible for providing safe means of ingress and egress through the premises.

In the days before the occurrence, it snowed approximately 8 inches in Calumet Park. As a result, the restaurant undertook the duty to plow and/or shovel its parking lot. Unfortunately, they plowed its parking lot and negligently left large piles of plowed snow next to customer parking spaces. There were then several days of warmer weather where the snow melted and refroze, forming sheets of ice.

There were no signs or other warnings posted to notify customers of the dangerous condition that they insured created. Further, the parking lot was inadequately illuminated.

On the date of the occurrence, our client parked her car in a marked parking space in the restaurant parking lot. As she attempted to exit her vehicle, she slipped on a sheet of ice and/or snow left behind by the defendant during the plowing process of its parking lot.

We alleged to the defendant's liability insurance carrier that based upon the facts and circumstances surrounding the occurrence at issue, it is clear that a proximate cause of the slip and fall occurrence was the negligent conduct of the restaurant owners.

Immediately after the collision, our client started to experience left wrist pain. Due to ongoing and increasing pain, she sought medical treatment with a medical doctor. There, she complained of left wrist pain. A history was taken, she was examined and diagnostic tests were ordered, including left hand and left wrist x-rays.

The plaintiff was diagnosed with a comminuted intraarticular fracture of the left distal radius with slight dorsal angulation as well as soft tissue swelling. The physician performed a hematoma block, closed reduction and long arm casting under fluoroscan control. He prescribed pain medication and instructed our client to follow up with him.

On February 23, 2010, she sought follow up medical treatment from her doctor. She again had x-rays taken of her left hand and wrist that showed a fracture of the distal radius. The physician examined her and instructed her to follow up with him in five (5) weeks for removal of her cast.

On March 30, 2010, she had x-rays taken of her left wrist which showed a healing fracture of the distal radius. The plaintiff's cast was removed and it was recommended that she begin physical therapy for her wrist. He discharged her from care on April 24, 2010.

Despite a short period of relief from her symptoms, her left wrist flared up requiring her to seek medical care from her doctor again, where she complained of pain in her left wrist. He noted that since she sustained an intraarticular fracture of the left wrist, it is possible that she will have some arthritis in the future. Her physician recommended that she begin occupational therapy.

On March 12, 2011, she went back to the doctor's office again. There, she complained of left wrist pain and stiffness. Pain medication was again prescribed and instructed her to continue her home exercise program. The physician discharged her from his care on April 9, 2011.

Per her physician's instructions, our client attended 11 sessions of physical therapy at Southwest Hand Rehabilitation starting on December 30, 2010 and ending on February 28, 2011, at which time she was discharged from treatment.

The case settled for just over $26,000. No lawsuit was filed, saving our client the cost of going to court.

Continue reading "Case resolved for $26,000 by Chicago slip and fall lawyer" »

Our Chicago car accident lawyers recently discussed a few New Year's resolutions that drivers can make to help reduce their risks of traffic accidents in 2012. We're not the only ones who are pushing for these safe driving habits.

The AAA Foundation for Traffic Safety is also on board with urging drivers to be more cautious and alert behind the wheel as we head into the New Year to make roadways safer for everyone.

According to AAA, drivers throughout the country want safer roadways and support government efforts to reach this goal. Still, despite more and more traffic laws, drivers continue to engage in knowingly dangerous habits behind the wheel.

Our Chicago car accident attorneys understand that there were an estimated 32,890 people killed in traffic accidents in 2010. Although this is the lowest recorded number in the last 60 years, we are far from "safe" on the roadways. We are asking drivers to take the start off the New Year as a time to start practicing some safe driving habits. AAA is here to offer some simple tips on how to do just that.

“Even one death on our roads is unacceptable,” says AAA Foundation for Traffic Safety President and CEO Peter Kissinger. “On average there is still one needless death every 16 minutes in motor vehicle crashes."

Drivers Admitting to Bad Behavior:

-About a quarter of all drivers admit to driving without wearing a seat belt.

-Almost 15 percent of all drivers admit to drinking and driving at least once in the last year. More than 20 percent admitted to doing so in at least once in the last month.

-About a third of all drivers say that they read and write text messages while driving.

-Another 30 percent of drivers admit to gabbing on the phone while driving.

-More than half of all drivers said that they drove at least 15 mph over the speed limit on a freeway in the last 30 days.

-About 30 percent of all drivers said that they drove at least 15 mph over the speed limit in a residential area in the last 30 days.

-Nearly 40 percent of drivers admit to running a red light at least once in the last month.

-A majority of drivers find drowsy driving to be irresponsible, but about a third of all drivers admits to doing it themselves.

While drivers may support tougher driving laws, it's clear that not many are willing to comply. AAA and our Chicago car accident lawyers are asking all drivers to make the change and to make safe driving habits a top priority in 2012. Use these simple safety steps to increase your safety behind the wheel in the New Year.

Continue reading "Unsafe Drivers Increasing Risks for Car Accidents in Chicago and Elsewhere" »

According to researchers at the University of Colorado Denver, a majority of elderly drivers who were surveyed said that they supported the mandatory retesting of elderly drivers. These surveyed drivers also said that they would happily hand over their car keys if their doctor or someone they loved said that they were unable to safely navigate a motor vehicle. Knowing when to turn in your keys can help to reduce your risks of a car accident in Chicago.

“We are now exploring the idea of an advance directive for driving where someone would be designated to take away your keys at some point,” said Emmy Betz, from the University of Colorado School of Medicine.

Our Chicago car accident attorneys understand that it can be a tough subject to bring up, taking to your parents and grandparents about their deteriorating ability to drive. It's important to keep the safety of your loved ones as a top priority, even if that priority means having to discuss these risks with a loved one. Your intervention can help to save a life. It's recommended that you approach this sort of topic with concern and compassion instead of with a forceful, lecturing tone.

In the study from the University of Colorado Denver, 122 senior citizens were surveyed and results showed that more than 70 percent said that they supported mandatory retesting depending on age. Another 70 percent said that family members should be in charge of determining when a license should be revoked, while more than 50 percent said that it should be a doctor's job. Less than 20 percent of those surveyed said that it should be the DMV on and roughly 25 percent reported that they felt it was the police's job.

About 90 percent of elderly drivers who were surveyed said that they may stop driving if a doctor advised them to, while about 75 percent said they would if their family asked them to. Only about 12 percent of these elderly drivers reported to have been involved in a car accident over the last year and nearly 90 percent of these drivers said that they had at least one medical condition that most likely increases their risk of accidents. The surveyed drivers reported an average of seven medications each.

According to Betz, the University is trying to develop a screening process to help to identify drivers who are at alarmingly high risks for accidents. She also says that drivers who are over the age of 75 have higher rates for accidents per miles driven.

Residents are asked to take a close look at the elderly drivers in their family to see if they might be at serious risks for an accident. If so, they're urged to talk with these family members. A responsible resident knows when it's time to turn in their keys not only to safe their life, but to save the life of other innocent motorists.

Continue reading "Finding Ways to Help our Elderly Drivers Reduce Risks for Car Accidents in Chicago, Nation" »

A resident's death in a Chicago highrise fire is being blamed on the antiquated structure and an apartment door left open so a pet could escape. The resident died in the Chicago elevator accident, the Chicago Tribune reported. Fires are just one type of premises liability accident that can become more prevalent during the winter months.

In this case, the city did not require the older high-rise building to install automatic fire alarms or sensors that would have prevented the elevators from operating. The Tribune reports aldermen have delayed enforcement of fire reforms. But, in the wake of the accident, city officials are scrambling to push high-rise owners to speed up fire-safety improvements.

Letters are going out to landlords urging them to become compliant with the city's life safety evaluation ordinance in advance of the 2015 deadline. The ordinance had been scheduled to take effect to start the year, however City Council voted last month 49-0 to give high rise owners three more years to install the fire-safety systems in their buildings.

Owners have been complaining about the expense.

The fire department was alerted to the fire shortly after 2 a.m. Surveillance video shows the victim boarded the elevator in the lobby about the same time the 12th floor fire was reported. The 32-year-old victim died when the doors opened and she was hit with 1,500 degree temperatures.

The couple who owned the apartment that caught fire told investigators they propped their door open with a rug so their pets could escape. Firefighters say the open door prevented the fire from being contained to that unit. While the fire did not spread to other apartments, it filled the hallway with heat, gas and smoke.

The 35-year-old, 21-story building was built before 1975, and so did not have a sprinkler system installed. Nor was it required by law to have automatic fire alarms or elevator sensors. The city passed new regulations after a 2003 fire at the Cook County Administrative Building, which killed six people. However, high rises built before 1975 were exempt from the regulations.

Still the building in question is one of hundreds of vintage high rises that had been mandated to make improvements by the start of this year.

Other common causes of winter premises liability accidents in Chicago include slip & fall accidents due to unnatural accumulations of ice and negligent snow removal. Fires are obviously a serious hazard. Whether because an apartment resident does not follow the proper safety precautions with supplemental heaters, or because landlords fail to address unsafe, dangerous or antiquated building conditions.

Our Chicago premises liability attorneys have recently won compensation in several injury cases that occurred on private property. In one case, a homeowner hosed down his porch, creating a solid sheet of ice. The Chicago slip and fall accident resulted in a $100,000 settlement.

Continue reading "Chicago Fire, Elevator Accident, Highlights Winter Premises Liability Concerns " »

According to Cyber Drive Illinois, school bus drivers and drivers under the age of 18 are prohibited from using a cell phone at the wheel in the State of Illinois. But all drivers in the City of Chicago are banned from using a hand held cell phone at the wheel though. All drivers in the state are prohibited from using text messaging at the wheel as well. These laws were enacted to help reduce the risks of distraction-related car accidents in Chicago. The regulation of distractions is important as we are well into the busy holiday travel season, when accidents are much more common.

Our Illinois car accident attorneys understand that the Governors Highway Safety Association is also taking part in making our roadways safe. The association recently released a number of driving tips to help motorists get through the busy holiday travel season safely. In 2010, there were nearly 3,100 people who were killed in traffic accidents that involved a distracted driver. These types of car accidents are completely preventable. As our roadways get more and more crowded with vacationers, drivers are asked to curb all distractions and to place all of their attention on the roadways.

Tips for Managing Driver Distractions, from the Governors Highway Safety Association:

-Turn all electronic devices off. Either turn off your phone or put it on silent before starting the car.

-Alert callers. Set up a voice mail message that tells callers you're driving and you'll call them back as soon as you've stopped.

-If you have to make or answer a call, do so after you've pulled over into a safe area. Never use a phone behind the wheel. You're putting yourself at serious risks for an accident if you do.

-Passengers can help. Have a passenger answer or make a call if it's urgent.

-Stop the texts. Never text while driving. It's dangerous and it's against the law.

-Prepare yourself. Review maps and directions before setting out to avoid having to deal with GPS devices and paper road maps while driving. Ask a passenger to help you with directions while you keep your attention on the road.

-Pets get a seat belt. Our furry animals can serve as distractions, too. Make sure they're properly secured before driving off.

-If you need to address a situation with a child passenger, pull over and then do so. Never do it while driving. That's putting both of our lives in danger.

-Focus on the roadway. Driving is no time to eat, smoke, drink, read, etc.

The Truth about Distractions:

-Distractions significantly hinder a driver's performance.

-Drivers drive while distracted nearly half of their time spent behind the wheel.

-Distractions contribute to about a quarter of all traffic collisions.

-Texting is likely more dangerous than taking on a cell phone.

-Recent studies conclude that hands-free devices are no safer than hand-held devices.

The use of a cell phone while driving increases your chance of getting into a crash by 400 percent, according to the Illinois State Police.

Continue reading "Officials Address Distractions to Help Reduce Risks of Car Accidents in Chicago and Elsewhere" »

Our Chicago bicycle accident attorneys recently discussed some New Year's resolutions that you and your family can make to help make our roadways safe throughout the entire state of Illinois. We discussed how drivers and bicyclists can work together to create a city of safe travel for the both.

We would like to further discuss the Streets for Cycling Plan 2020. The goal of this plan is to make our city easier and safer to travel for bicyclists and to ultimately reduce the risks of bicycle accidents in Chicago.

Chicago recognizes bicycling as an affordable, convenient, healthy and green way to navigate the city. The problem is that many Chicagoans don't feel safe riding a bicycle along Chicago streets. A recent study in Portland concluded that about 60 percent of the population is interesting in cycling, but concerns about safety abound. Chicago faces these same challenges. Chicago is in need of more streets that allow families to safely ride bicycles without having to fear an accident.

The Streets for Cycling Plan 2020 will be used by transportation officials to guide the development of a citywide network of up to 250 miles of innovative bikeways that will make riding a bicycle a safe, easy and fun alternative to motor vehicle travel for all residents.

As a first part of the Streets for Cycling Plan 2020, transportation officials will be examining the city in nine separate areas in search of ways to improve each area for better, safer and easier cycling. Some of the characteristics that these officials will look for are where bike lanes are needed, how to improve current bikeways and to determine where bikeways would be most beneficial in the future.

How you can help to ensure better bikeways for Chicago:

-Attend the Open House which will include mapping activities, information about these new bicycle facilities and an opportunity to discuss biking in your neighborhood with Chicago Department of Transportation (CDOT) staff.

-Look up the Streets for Cycling Plan 2010 facebook page and become an active member.

-Show up at the public meetings. There will be three meetings held in January and February.

-You're encouraged to join your Community Advisory Group. This group gives you a chance to discuss your ideas and concerns with others who are fighting for safer Chicago streets. This information can then be shared with CDOT. Send an email to join your Community Advisory Group.

We would like to ask everyone to get involved in make our Chicago roadways safer for all. This can be as simple as paying more attention to your surroundings when driving a motor vehicle. Bicyclists have a right to the roadway and should be treated with respect and caution. These travelers are more vulnerable to injury in the event of an accident and only you can help to prevent this from happening.

Continue reading "City Pushes for Safer Bike Routes to Help Reduce Risks of Bicycling Accidents in Chicago" »

Welcome to the fourth entry of our 6-part blog series encouraging motorists to make safe driving New Year's resolutions, as we all work to reduce the risks of car accidents in Chicago. We've already discussed the dangers of distracted driving and of drunk driving. This blog will be discussing the dangers of speeding.

Our Chicago car accident attorneys understand that roughly 98 percent of traffic violations were issued to drivers because of speeding. The Daily Herald examined traffic citations that were issued in Villa Park, Addison, Wheaton, Algonquin, Schaumburg, Arlington Heights, Rosemont, Barlett, Palatine, Bensenville, Naperville, Carol Stream, Mundelein, Elgin, Lombard, Geneva, Lake Zurich, Glen Ellyn, Lake in the Hills, Glendale Heights, Itasca and Grayslake. Of the 41,700 citations that were issued to drivers, more than 40,800 of the citations were issued to drivers for speeding.

“Writing a speeding citation is pretty easy. All you have to do is point the radar or laser device at a vehicle and you've got the speed,” said Roy Lucke of Northwestern University's Center for Public Safety.

As easy as it is for officers to bust speeders, it's just as easy for speedy drivers to get into accidents. The faster a vehicle is traveling, the less time a driver has to react to a danger on the roadway.

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 910 people who died because of car accidents in Illinois that involved a speeding vehicle. Speeding-related accidents accounted for more than 30 percent of the fatal car accidents in 2009. These incidents took the lives of more than 10,590 people nationwide.

Although young men are most likely to speed behind the wheel, all drivers are asked to be cautious and to obey our roadways' speed limits. In 2009, nearly 40 percent of male drivers in the 15- to 20-years-old age group who were involved in deadly accidents were speeding at the time of the collisions. In the 23- to 24-years-old age group, more than 35 percent of male drivers who got into a fatal accident were speeding upon impact.

As we recently reported, the Illinois State senate approved a measure to allow the City of Chicago to start using intersection cameras to bust speedy drivers in "safety zones."

“This is clearly a request of the city, a request of the mayor, something that will result in the savings of lives, nothing more important than that,” said Senate President John Cullerton.

According to the Chicago Tribune, Transportation Commissioner Gabe Klein says that speeding cameras in these areas are focused on helping to protect pedestrians. The truth of the matter is that slowing down drivers can help to save lives on our roadways, including pedestrians, bicyclists, motorcyclists and motorists.

Even when cameras aren't peering down on license plated and speedometers, drivers are asked to remain cautious while driving. Speed limits are there to make our roadways safer. Speeding is a quick way to increase your risks of an accident. Make your New Year's resolution to abide by all posted speed limits and you can even save some lives along the way.

Continue reading "New Year's Resolution: Slowing Down to Reduce Risks of Chicago Car Accidents" »

This is the third entry of a 6-part blog where our Chicago car accident attorneys are discussing New Year's resolutions that you can use to help make our roadways safer for everyone. Usually, residents will make resolutions to quit smoking or to lose weight. But how about making a New Year's resolution that everyone can benefit from this year, pledging to practice safer and sober driving habits.

In this blog, we will be discussing the dangers of drunk driving and asking you to make the pledge to stay sober behind the wheel to help reduce the risks of a fatal alcohol-related car accident in Chicago in 2012. Take the recent accident that made national headlines, for example, in which a drunk Chicago driver allegedly swerved off of the roadway, ran into some trees and slammed into the Chicago’s Gresham District police station. Reports indicate that the driver sped away from the police station after the crash, but officers were able to catch up with the man just a few blocks away.

The man is being charged with driving under the influence and leaving the scene of an accident, according to the New York Daily News.

The Chicago Tribune reports that the number of drunk driving arrests in the state has decreased in the last year. Although a reduction, the dangerous truth is that there are still far too many people dying on our roadways because of the carelessness of intoxicated drivers.

According to the most recent statistics, the number of drunk driving busts have decreased by more than 15 percent from 2007 to 2010. The number of alcohol-related accidents has decreased by nearly 35 percent during this same time.

Some people point to the increase in DUI enforcement efforts and stricter laws as the cause of this decrease while others believe that it's a direct result of the downturn of the economy.

Stricter DUI laws have in fact decreased the number of drunk driving busts. The first wave of decreases came with the new DUI laws of the 1980s and the 1990s. In 1997, our state reduced its legal blood-alcohol content limit to 0.08 from 0.10. From 1996 to 1999, the number of arrests went from just under 45,000 to about 50,000. The number of arrests remained stagnant at 50,000 for a number of years until a notable decrease in 2008, which was around the start of the economic downtown. As the economy recovers, experts believe that the number of DUI arrests and accidents will increase.

We're asking all motorists in the state to make their New Year's resolution to stay sober behind the wheel. We're not saying you have to stay sober, we're just saying you should as you drive. Be sure to always designate a sober driver if you know you'll be going out and drinking. Have a safe and Happy 2012 and be responsible behind the wheel. Your good decisions can help to save lives.

Continue reading "New Year's Resolutions: Reducing Risks of Alcohol-Related Car Accidents in Chicago" »

According to the Chicago Pedestrian Plan and the Chicago Department of Transportation (CDOT), our city has seen an 8 percent decrease in the number of pedestrian accidents from 2005 to 2009. Among all large U.S. cities, our city has the fifth-lowest pedestrian fatality rate. While that may be something for us to be proud of, we still see more than 3,000 pedestrian accidents in Chicago each year.

Our Chicago pedestrian accident lawyers understand that there were nearly 3,150 pedestrian accidents in 2009. There were nearly 3,485 in 2008 and more than 3,685 in 2007. While we have seen a slight decrease in the number of accidents through the years, these incidents are still all too common along our roadways. That's why we're asking residents to make one of their New Year's resolutions to make our roadways safer for on-foot traffic. We've discussed various New Year's resolutions over the last four blogs that can be taken to help increase roadway safety. This is the fifth entry of a 6-part blog to do just that, reduce the risks of accidents on Chicago's roads.

There were nearly 35 pedestrians who died in accidents in Chicago in 2009 and nearly 60 in 2008. This new 2009 number serves as a 16-year-low, which is unfortunately because that's still far too many unnecessary fatalities.

Fatality accident information was first available in the city in 1995, when there were nearly 90 fatalities. Since then we've seen more than a 60 percent decrease, but we've got a long way to go.

The number of pedestrian injuries has also decreased in recent years, too. In 2005, there were nearly 650 pedestrian fatalities while in 2009 there were just over 500. Although that serves as a significant decrease, we need to point out that there was in fact an increase in this number from 2008 with 452 to 503 in 2009.

In 2009, the fatality rate for pedestrians in Chicago ranked lower than just 14 other U.S. cities.

Pedestrian Facts from the City of Chicago:

-The number of pedestrian accidents has decreased overall since 2001.

-Pedestrians age 15- to 18-years-old have the highest crash rate per population.

-More males than females are involved in pedestrian accidents.

-Thursdays see the most pedestrian accidents.

-Most accidents happened from 3:00 p.m. to 6:00 p.m. The second most dangerous times for pedestrians on our roadways is from 6:00 p.m. to 9:00 p.m.

-Half of all fatal accidents happen on arterial roads.

-Older pedestrians are more likely to be struck in a crosswalk than younger pedestrians.

-A two-mile corridor along 79th Street held four spots out of the top twenty most dangerous accident intersections.

-Hit-and-run accidents account for about 40 percent of all fatal pedestrian accidents.

-About two hit-and-run accidents happen every day in which a pedestrian is injured or killed.

Continue reading "New Year's Resolutions: Reducing Risks of Pedestrian Accidents in Chicago" »

Officials are asking drivers throughout the country to take a pledge to drive cell phone-free! Distraction.gov offers drivers a pledge to take as we enter the New Year. There are a number of distractions in which a driver can engage in while behind the wheel. Safety advocates are asking drivers to curb these distractions in an attempt to make our roadways safer for everyone.

The pledge asks drivers to never use a cell phone or a text messaging device while driving, to be a good passenger, and to speak up if a driver is engaging in distractions behind the wheel. Help spread the word to get friends and family members to join the commitment. The more drivers who take this pledge, it's less likely that we'll see distraction-related car accidents in Chicago.

Our Chicago car accident attorneys understand just how dangerous distractions are. In 2010, there were roughly 3,100 people in the U.S. who died because of distraction-related traffic accidents. According to Jesse White, the Secretary of State, the Distracted Driving Task Force was created in 2009 to help stop these types of accidents. Later, the task force helped to pass legislation banning the use of text messaging devices for all drivers. The group also helped to make it illegal for drivers to use a cell phone while driving through construction zones and through school zones.

The number of fatal traffic accidents that involved a distracted driver has increased from 8 percent in 2004 to more than 10 percent in 2008. White urges officials to continue on in their efforts to help educate and to raise awareness within the public about this dangerous driver behavior.

According to Cyber Drive Illinois, Driver Distractions Include:

-Sending, receiving and reading text messages.

-Making phone calls or answering phone calls.

-Changing the CD, adjusting with the radio or working an MP3 player.

-Smoking.

-Eating.

-Drinking.

-Writing or reading.

-Messing with GPS devices or other road maps.

-Reaching for something in the glove compartment.

-Engaging in conversation with passengers.

-Cleaning the inside of your windshield.

-Grooming; applying makeup, brushing your hair, etc.

-Using eye drops or messing with your contact lenses.

-Shaving.

-Doing your nails.

-Watching a video.

Distractions can cause a driver to take his or her eyes off of the roadway, to take their hands off the steering wheel, or to take their mind off of the task at hand -- driving. As we are well into the winter holiday travel season, drivers are asked to be cautious, alert and focused behind the wheel to avoid causing a distraction-related accident. We would like to wish you and your family a happy holiday season and ask that you include a conversation about distracted driving at this year's holiday gatherings.

Continue reading "Take Pledge to Curb Distraction-Related Car Accidents in Chicago!" »

Chicago premises liability attorney Gary Annes has resolved a case on behalf of a south suburban resident who slipped and fell on an unnatural accumulation of ice. The ice was formed when a dog owner, in freezing conditions, sprayed down his porch with a hose to clean up dog excrement. Unfortunately, he did this in the dead of winter, creating a hazardous sheet of ice. The Chicago area slip & fall case settled for the defendant's homeowners insurance policy limits of $100,000.

The slip and fall occurred at a townhouse in New Lenox, Illinois on February 15, 2010. The plaintiff was at the home of the defendant. She opened the door to the back patio area of the house and stepped outside to throw away some garbage. Once outside, as she walked to the garbage cans she slipped on a large sheet of ice on the patio, falling to the ground, and landing on her right hand and forehead.

After our client fell, the homeowner admitted that he used the gated back patio area of his home as a dog run. The back patio area was a concrete slab. He further admitted that the day before the occurrence he had hosed off the back patio area to attempt to clear the area of his dog’s waste. Unfortunately, due to the freezing temperatures the water used to clean the patio froze forming a sheet of ice which was then obscured by a light snow. He also admitted that he forgot to put down salt as he had apparently intended.

The claimant had an immediate onset of severe right wrist and head pain. She was taken from the scene of the occurrence to Silver Cross Hospital’s Emergency Department.

Upon arrival at the Emergency Department a history was taken, she was examined and diagnostic tests were performed. She complained of severe right wrist and head pain. She was experiencing dizziness and nausea. Examination revealed a significant contusion to her forehead and an obvious deformity with tenderness to her right wrist.

X-rays of the right wrist revealed a comminuted fracture of the distal radius involving the metaphysic and epiphysis with displacement of the largest distal fracture fragment. The fracture lines extended to the radial carpal joint space. There was widening of the distal radial ulnar joint. There was also a displaced fracture of the ulnar styloid.

Based upon her exam and the results of the diagnostic tests the plaintiff was diagnosed with a right wrist fracture, a closed head injury and post concussion syndrome. Her right arm was placed in a splint to immobilize it, she was given a sling, she was prescribed pain medications and instructed to see an orthopedic surgeon for follow up care of her wrist.

The next day our client was seen by at Parkview Orthopaedic Group. A surgeon took a history, examined her and reviewed her x-rays. The doctor observed swelling and obvious deformity to her right wrist. He put her in a new splint and sent her back to Silver Cross Hospital for a right wrist CT. The CT showed the comminuted fracture of the distal radius with dorsal angulation and displacement at approximately 4 mm of impaction of the fracture fragments with fracture lines extending to the radial carpal joint space and a comminuted fracture of the ulnar styloid.

Based upon the CT results the physician diagnosed the claimant with a four-part intraarticular displaced unstable distal radius fracture to the right wrist and ulnar styloid. The doctor recommended an open reduction internal fixation surgery.

Surgery was performed in February, 2010 at Advocate Christ Medical Center in Oak Lawn. Treatment of the fractures required the implantation of surgical metal, including a plate and screws.

Following the surgery the client continued to follow up with her doctor on a regular basis through August, 2010. On March 9, 2010 her cast and staples were removed and she was put into a splint. She was required to wear the splint at all times except for bathing. She was finally taken off the wrist splint on April 6, 2010. Nonetheless she continued to have limitations including no heavy lifting. The physician gave her a full home exercise program consisting of stretches and exercises to help rehabilitate her wrist. The last time she saw the doctor for her wrist she continued to have some issues when she would place pressure on the wrist or attempt to lift heavy objects.

Despite her treatment, the plaintiff still has pain and discomfort in her wrist. This is especially prevalent when there are changes in the weather, such as cold and damp weather, or when pressure or weight is applied to the wrist such as when she carries groceries or does laundry.

For months after the accident the plaintiff could not do any activity that required the use of her right hand. Even after her cast was removed and she was able to begin to use her right hand and wrist, she continued to experience pain with almost all activities of daily living. Simple activities such as turning a door knob, opening a jar, personal hygiene, putting on her makeup, doing her hair, getting dressed, using a computer, cooking, cleaning, and grocery shopping were very difficult and painful for her.

She incurred medical expenses of just over $30,000 due to the accident. She now has a permanent surgical scar on her right wrist.

Continue reading "Dog poop leads to $100,000 Illinois slip and fall settlement" »

A fatal car accident in St. Charles ended in tragedy after a young man killed his friend in an alleged drunk-driving accident, according to the Chicago Tribune. The accident happened in 2009, and since then officials have decided to re-sentence him. The re-sentencing comes after the man's grandmother alerted authorities that he has been recently arrested for underage drinking. The young man was found guilty on charges of reckless homicide and aggravated DUI for the 2009 accident. His blood alcohol concentration reported to be three times over the legal limit of 0.08. In the accident, the driver slammed his SUV into a tree in the middle of the night.

Our Chicago car accident attorneys understand that young drivers are at high risks for car accidents through the holiday season. When these individuals are let out of school, a good deal of them will consume alcohol, although they're not old enough to, and jump behind the wheel. It's important for parents to keep a close eye on their young drivers during this year's winter break. Make sure you know where your children are, who they're with and what they're doing at all times.

Under the charges, the young driver could potentially have faced nearly 15 years behind bars. Instead, the judge sentenced him to six months in jail. He was allowed to serve his time over the course of three summers so that his jail time would not get in the way of his college education. Under the recent violation of probation, the young man was faced with a $10,000 bond. Prosecutors are urging the judge to give the young man prison time for this offense because it involved alcohol, again. When someone violates their probation, a judge is allowed to re-sentence an offender and can give them the full sentence from the original conviction, which was 14 years in prison.

The holidays are a busy time on our roadways and teenagers are at higher risks for car accidents than more experienced drivers. As these young drivers gear up for winter break and road trips, parents are urged to talk to them about safe driving habits.

Holiday Driving Tips from AT&T for Teenagers:

-Make safety your number one call. Wireless phones are distraction, both hand-held and hands-free. Don't talk while driving. Instead of answering your phone behind the wheel, wait until you've stopped and call the person back.

-Ask passengers to help you out. Ask a passenger to change the radio station, to change the CD, to make/answer a phone call or to help you with directions.

-If you're riding solo and not able to ask a passenger for help, wait until you've come to a complete stop to do any other those tasks.

-Never ever drink and drive! Teens are already four times more likely to get into a car accident than older age groups of drivers. Add alcohol into the mix and those risks increase significantly.

-Drivers should never text message, take pictures, record video or watch television/videos while driving.

-Eat your food at a table, not in the driver's seat. If you're traveling with a passenger, take turns driving so the other can eat.

-Avoid having emotional or stressful conversations at the wheel.

-Avoid rubbernecking. Let your passengers see the sights while you focus on driving.

-Pause the conversation when driving in dangerous areas, like work zones, poor weather conditions or heavy traffic.

Teenagers are asked to be cautious on our roadways through the remainder of 2011 and well into 2012. Car accidents are preventable with safe driving habits and caution behind the wheel. Enjoy winter break and we'll see you next year!

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