Study: Yoga Can Help Brain Injury Victims

Posted on: April 24, 2015 by in Personal Injury
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brain injury lawyer in ChicagoAccording to statistics, there are around 1.4 million people living with a brain injury in the United States.   Brain injury is an epidemic in the United States Army, where veterans returning home from Iraq and Afghanistan continue to suffer from the long-term consequences of injury sustained during combat.

A new study finds that practicing yoga can help victims of a brain injury on the road to recovery. The study finds that yoga can help a person deal with many of the long-term consequences of a brain injury, including vision problems, and memory loss.

Most brain injuries occur in motor vehicle accidents or hit-and-run accident. Other causes include violence or assaults. The study finds that yoga can help victims who have suffered memory loss after a TBI. Some persons with a brain injury who have been practicing yoga found it beneficial in dealing with the vision loss they suffered as a result of the injury. Yoga can have a calming effect on the person, and may help them deal with the anxiety and depression that very often sets in after a brain injury. Persons who have suffered a brain injury may suffer from mood swings, and yoga may help control these.

When you have suffered a brain injury, it is important to speak with a brain injury lawyer in Chicago and account not just for the short term medical expenses incurred in the treatment of the injury, but also the long-term complications that may arise as a result of your injury. There are several long-term consequences associated with brain injury. These can include memory loss, concentration difficulties, some degree of amnesia, learning difficulties, cognitive impairment, mental impairment, and psychological effects. Your claim must take into consideration some of the long-term medical expenses that you can expect. If you have suffered a brain injury, talk to a brain injury lawyer in Chicago about filing a claim for compensation.

Negligence On a Construction Site

Posted on: April 22, 2015 by in Personal Injury
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Chicago construction accident lawyerFrom accidents involving scaffolding, to critical injuries involving equipment and tools, construction workers in Chicago are exposed to a variety of hazards every day. Many of these hazards are entirely preventable. Most of these hazards are serious enough to cause catastrophic injury, or even death to workers.

Many injuries on a construction worksite every year are the result of employer failure to train workers. Construction workers frequently work with a variety of different tools and equipment. However, when a worker is not trained to use these tools, he’s much more likely to suffer an injury. A worker must be trained to use the safety devices that are provided to him. For instance, when workers are working on an elevation, they must use personal fall arrest systems to reduce the risk of a fall. Employers must not only provide protective devices, but also encourage workers to wear these. Injured in a construction site accident? Speak to a Chicago construction accident lawyer about filing a claim.

Encouraging workers to communicate with each other is also key in a construction environment in which there may be many types of construction workers, sharing the environment. For instance, forklift and tractor accidents are very often linked to failure by forklift or tractor drivers to communicate with workers in the vicinity. Forklift drivers must be trained to communicate with pedestrian workers, and pedestrians must be trained to look out for hazards, including heavy industrial vehicles in order to prevent accidents.

If you have been injured in a construction accident, speak to a Chicago construction accident lawyer about filing a claim. You may be eligible not just for workers’ compensation benefits, but also personal injury damages through a third party claim. Discuss all parties liable in your claim with a Chicago construction accident lawyer.

Are You at Risk of Drowsy Driving?

Posted on: April 20, 2015 by in Car Accidents
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Chicago car accident lawyerDrowsy driving is one of the most underestimated accident causes in Chicago. It is clear that there are many accidents a year that are caused by motorists who doze off at the wheel, or make driving errors because they’re too sleepy to drive safely. However, it’s hard to tell exactly how many Chicago accidents every year are caused by drowsy drivers.

Some categories of motorists, however, are at a higher risk of drowsy driving. For instance, shift-based workers are more likely to drive while fatigued, thereby increasing their risk of an accident. Seniors are also believed to be at a high risk of drowsy driving. Among senior citizens however, the higher risk of drowsiness is linked to medication use. Certain types of medication can interact with each other, causing drowsiness. In other cases, drowsiness may be a known side effect of the medication. For instance, certain types of anti hypertension medication, antihistamines, and other medications, may cause drowsiness.

Younger persons may also be at higher risk of drowsiness. Teens and young adults are less likely to take the importance of sleep seriously, and are therefore, much more likely to be sleep-deprived.

Long-distance drivers may also be much more sleep- deprived than other motorists. For instance, long-haul commercial truck drivers often travel long distances alone, increasing drowsiness risks. Obesity is a predictor for a condition called sleep apnea, which contributes to drowsy driving.

If you were injured in an accident caused by a drowsy driver, talk to a Chicago car accident lawyer about filing a claim for compensation. You may be eligible for compensation that includes medical expenses and lost wages. Discuss your case with a Chicago car accident lawyer.

What Kind of Photographic Evidence Can You Collect at the Scene of an Accident?

Posted on: April 17, 2015 by in Car Accidents
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Chicago car accident lawyerFor a successful car accident claim, you must provide solid evidence and documentation in support of your claim. For instance, if you are filing a claim against the other motorist’s insurer, claiming that the motorist was negligent, then you must provide proof of that negligence. Much of the proof will be found at the scene of the accident. Don’t wait for a police report to collect proof of the other motorist’s negligence. Do your own work, and if possible, take photographs of the accident scene before you leave the scene.

If you’re traveling with someone, ask him or her to take photographs of the accident scene. If you are not injured too seriously, you can take pictures yourself.

Ideally, you should take photographs of the entire scene, as well as pictures of specific parts of the accident scene. Take photographs of the accident scene from different angles. Take pictures of skid marks, and tire tracks on the road. Pictures of skid marks can prove useful to determine the speed of the other vehicle at the time of the accident. Photograph debris at the scene of the accident.

Take pictures of the damaged car before the car is towed away or sent for repairs. If you suffered injuries, take photographs of those injuries as well. Take pictures of stationary objects, like poles, trees, warning signs, and stop signs as well as other traffic features at the scene of the accident. Take this photographic evidence with you when you meet a Chicago car accident lawyer to begin the process of filing a claim.

All of these photographs can provide valuable evidence for your claim. Discuss how you can start the process of filing a claim with a Chicago car accident lawyer.

What Does a Spoliation Letter Contain?

Posted on: April 15, 2015 by in Personal Injury
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trucking accident lawyer in ChicagoAfter any trucking accident, there are important piece of evidence like log books, GPS data, black box recorder records, and all kinds of other information that plays a very important part in your claim. Proving negligence of the trucking driver or trucking company will depend very heavily on the kind of evidence that you present, and much of this evidence is in the possession of the trucking company.

A trucking company may move quickly to destroy important pieces of evidence to avoid being held liable in your accident. Therefore, it is important for you to take steps to protect all of this important evidence. If you have suffered injuries in a trucking accident, get in touch with a trucking accident lawyer in Chicago to get started on filing a claim.

You can protect evidence by sending the company a spoliation letter. A spoliation letter is sent to the trucking company, requiring it to retain important pieces of evidence that you have mentioned in your letter. These pieces of evidence can include:

  • truck driver log books
  • truck driver personal file
  • truck driver’s alcohol and drug test records
  • black box data recorder data
  • GPS data
  • maintenance records of the trucking question
  • any other driver records related to the driver

For help sending a spoliation letter, and to learn what other steps you can take to help reduce the risk of destruction of important evidence, speak to a trucking accident lawyer in Chicago.

Illinois Car Accident Statistics

Posted on: April 13, 2015 by in Car Accidents
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Chicago car accident lawyerIn 2011, there were 281,788 accidents on Illinois roadways. Out of these, 835 accidents resulted in a total of 918 fatalities. That accounted for a fatality rate of approximately 1.1 deaths for every fatal crash. Additionally, 84,172 people were injured in accidents across the state.

Car accident fatalities in Illinois were more or less fairly equally divided between daytime and nighttime. Approximately 49.5% of fatal accidents occurred during daylight hours, while the remaining occurred at night. 55.9% of the accidents occurred on urban roadways while the remainder occurred on rural roads. 38.1% of drivers killed in accidents had a positive blood-alcohol concentration at the time of the crash.

Drunk driving was a significant factor in accidents involving drivers between the ages of 16 and 20. In this category of drivers, approximately 20% of the driver killed in accidents tested positive for alcohol content in their blood at the time of the accident. If you were involved in an alcohol- related car accident, speak to a Chicago car accident lawyer for help filing a claim for compensation.

Holidays are some of the most dangerous days in Chicago. The Memorial Day weekend topped the list with a total of 10 fatal accidents and 476 injury accidents, resulting in a total 13 fatalities, in 2011. The other dangerous holidays were with the Fourth Of July, Labor Day, Thanksgiving, Christmas and New Year’s holidays.

Wet roads constituted the second most common road surface condition involved in car accidents in Illinois in 2011 with 109 accidents, but 686 fatal accidents were caused on dry roads. 35 accidents occurred on roads that were covered with ice or snow at the time of the accident.

If you were involved in a car accident, you may be eligible for compensation for damages. Consult with a Chicago car accident lawyer for help filing a claim.

PHILLIPS LAW WINS $25 MILLION CIVIL SUIT ON BEHALF OF OWI CRASH WIDOW

Posted on: February 18, 2015 by in Auto Accidents, Car Accidents
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DSC_0374On February 13, Phillips Law Offices of Chicago, Illinois received a $25 million verdict in Gary, Indiana on behalf of a widow who lost her husband of 40 years because of the selfishness of a drunk driver and the negligence of two restaurants who served that driver excessive amounts of alcohol. Our client married her husband when she was 19. She had a heartfelt and true partnership with him until a drunk driver drove onto the shoulder of a road where our client’s husband was helping a disabled trucker change a flat. The driver consumed 21 shots at a restaurant and then three glasses of wine at a second restaurant in the hours before the tragedy. The second restaurant was a mere 45-second drive from the accident site.

Despite overwhelming evidence – a 0.19 blood alcohol content level measured two hours after the collision and the odor of alcohol wafting from his Range Rover as state troopers approached – both restaurants and their insurance companies denied that the driver was intoxicated while at their establishments on the night of the tragedy. In fact, for four years, they denied any fault in causing our client’s husband’s death. (This was the driver’s fifth alcohol related traffic offense). In spite of the overwhelming evidence, the insurance company’s attorneys refused to offer our widow client a fair pre-trial settlement. In fact, the insurance companies and drunk driver put our client and her family under a microscope for four years. Those tactics were exposed during the 5-day trial. The jury spoke loudly and unequivocally about the value of our client’s enormous losses due to the gross misconduct of the defendants.

This was a record verdict. Stephen D. Phillips and Jill M. Webb of Phillips Law Offices were honored to represent and help a widowed client who was bullied for 4 years by insurance companies and a drunk driver’s lawyer. The verdict reaffirms that our jury system protects common men and women by putting them on the same level playing field as powerful insurance companies who wish it were not so and who are constantly trying to change the system and send innocent victims home with pennies despite their horrific losses.

How can acts of abuse or neglect by an assisted living center be addressed in legal proceedings?

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There are many legal options for addressing the abuse or neglect of an elderly loved one by an assisted living center. When you seek counsel from an experienced Illinois nursing home abuse lawyer, your attorney will help you consider all facets of your case, from the facts and circumstances to the attitude of the assisted living center’s insurance company, before deciding on the best legal strategy for you.

Many people fear that filing an abuse claim will require going to trial. However, our clients are often relieved to learn that the majority of cases are successfully settled outside the courtroom either before or after a lawsuit is initiated.

In a best case scenario, a nursing home and its insurance company will show a commitment to reaching a fair settlement, either through private mediation or discussions prior to the filing of a lawsuit. Often times this occurs when the assisted living facility recognizes the seriousness of the case, the competence of the attorney, and the likelihood of losing at trial.

In many cases, however, insurance companies will advise nursing homes to offer low-ball settlements in hopes of minimizing payout to a victim and his or her family. At this point, if you are comfortable with taking the case to trial, your lawyer may advise you to initiate litigation. Bear in mind that even after a lawsuit has been filed, it is still possible for either party to pursue the potential to settle. In fact, many insurance companies will become much more amenable to the idea of negotiating once litigation has begun.

When an immediate family member has been the victim of nursing home abuse or neglect, it’s important to understand your legal options. A qualified nursing home abuse lawyer such as the attorneys at Phillips Law Offices can help you decide on a legal strategy that maximizes your chance of recovering fair compensation – and justice – for your loved one.

How long will it take for my Illinois nursing home abuse case to go to trial?

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One of the most common questions we get from our clients is how long it will take for a case to go to trial. While every nursing home abuse case is different, an experienced attorney should be able to give you an accurate estimate based on the circumstances of your case.

Much of the answer depends on the attitude of the insurance company for the nursing home, as well as the nursing home itself. At Phillips Law Offices, we typically tell our clients to plan for a case taking 2-4 years. While the thought of waiting that long can be understandably intimidating, it’s important for your attorney and team of experts to have adequate time to thoroughly investigate and build a case before going to trial.

During that time, we may approach the nursing home or its insurance company and see if they are interested in settling the case, either through private mediation or mutual agreement. In fact, the majority of cases are settled in this manner either before or after litigation has been initiated. If the nursing home and its insurance provider are willing to make a fair offer, settling the case out of court can save considerable time and effort for both parties.

However, many insurance companies will refuse to offer a fair settlement. If you have strong witnesses and good evidence, your Illinois nursing home neglect lawyer may advise you to take the case to trial in order to recover full value for the harm suffered by your loved one.

Remember, insurance companies are in the business of making profit. Just because a nursing home and its insurance adjuster offer a settlement doesn’t mean it’s a fair one. Enlisting the assistance of a qualified Chicago personal injury attorney will help ensure you obtain the maximum compensation to which you are entitled, whether you settle or take your case to trial.

What do I need to bring to the initial consultation with my attorney in my Illinois nursing home abuse case?

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The most important step in your Illinois nursing home abuse consultation is simply making that first appointment. Once you’ve gotten the ball rolling, however, there are a few things you should consider bringing to your first meeting with your attorney.

Your initial consultation serves two important purposes. First, it gives your attorney an understanding of your case. Second, based on the information you provide, it allows your attorney to provide you with an idea of whether your loved one is entitled to compensation for harm suffered.

First and foremost, make a point to bring any evidence you have handy. This can include medical records, nursing home records, photographs, or anything you feel may be relevant to your claim. Your attorney will carefully go through this information to determine what will admissible or helpful to your case. In addition, you may want to bring medical bills related to injuries, a written timeline of the circumstances surrounded an incident, and a list of any questions you want to ask.

It’s not required that you bring evidence to your initial consultation. But if you have access to documentation, it can help give your lawyer a jump-start on what evidence may be available and how to go about building your case. The more information your attorney is given, the better he or she will be able to evaluate your options.

Experienced Chicago personal injury lawyers such as the attorneys at Phillips Law Offices are committed to holding nursing homes responsible for dangerous misconduct and helping victims and their families receive the maximum compensation to which they are entitled. Our free initial consultation is the first step toward obtaining the justice – and healing – your loved one deserves.