Chicago Injury Attorney Blog

The estate of a Kane County woman who died in an Illinois pedestrian accident on Highway 31 on August 25 is suing an Elgin pickup driver for her wrongful death. Diane Bonitzer, a nurse from West Dundee, was 66.

According to the wrongful death lawsuit, Bonitzer was crossing the road at around 10 am when she struck by a 2007 Chevrolet Silverado driven by 31-year-old Francisco Rodriguez. Bonitzer sustained serious skull and traumatic brain injuries and died an hour after the Kane County pedestrian accident.

The complaint accuses Rodriguez of failing to pay attention, honk the horn, and drive safely. According to police reports, Rodriguez told them he did not see the 66-year-old pedestrian until after he turned onto the roadway. They cited him for failing to exercise due care and yield to a pedestrian. Rodriguez also paid a $300 fine. However, no criminal charges were filed against him.

Illinois Pedestrian Accident Cases
Even if the driver that struck you was not charged in criminal court, you still may be able to hold them accountable in civil court by suing them for Illinois personal injury compensation. If you win your case, the negligent driver will likely be ordered to pay damages for the harm that you have suffered, as well as your medical and recovery costs.

Getting hit by a car can prove catastrophic for the pedestrian, who may have sustained traumatic brain injuries, spinal cord injuries, organ damage, permanent disfigurement, and other serious injuries.

Common Causes of Chicago Pedestrian Accidents Caused by Negligent Motorists:

• Drunk driving
• Speeding
• Text messaging
• Talking on a cell phone
• Driver inexperience
• Poorly designed roads
• Auto defects
• Failure to obey traffic signs and traffic lights

Elgin driver who struck, killed West Dundee woman is sued, Chicago Tribune, January 8, 2010

Lawsuit filed in West Dundee pedestrian death, Illinois Daily Herald, January 6, 2010

Related Web Resources:
Pedestrians, NHTSA

CyberDriveIllinois

Nearly four years after 21-year-old Christina Eilman sustained a permanent traumatic brain injury after falling from the seventh floor of a public housing building, her family’s $100 million Chicago personal injury lawsuit against the city is scheduled to go to trial in March.

Eilman, who is mentally ill, was taken into police custody after she spent two days at Midway Airport where witnesses say she ranted, made lewd statements, and yelled at people. According to the Chicago Tribune, recent court filings indicate that police officers did not take her to the hospital for a mental health evaluation because a car wasn’t available. Instead, they placed her in lockup. She was in a holding cell for over 24 hours.

Over the phone, Eilman’s parents, who live in California, reportedly told police that their daughter was “probably bipolar." Even though Chicago police policy requires that mentally ill patients who are detained be taken to a hospital for an assessment, the young woman was allegedly yelled at in lockup, told to “shut up,” and called a “white bitch” by black police officers.

Upon her release from jail, police dropped Eilman off in a high-crime neighborhood where she wandered around by herself. She entered a public housing building on federal street where several men propositioned her. In one apartment, convicted felon and gang member Marvin Powell approached her, made sexual taunts and wouldn’t let her leave. He shut the door and allegedly sexually assaulted Eilman, who then fell seven stories and sustained permanent brain damage, shattered her pelvis, and broke several bones. She is impaired for life, will not progress behind her current childlike state, cannot live alone, and will always require ongoing medical care and therapy.

Chicago Personal Injury
The city of Chicago and its police force can be held liable for negligence if the failure to to follow procedures, police brutality, or another type of violation causes injury or death to the victim.

New revelations in woman's ordeal, Chicago Tribune, January 5, 2010

Survivor Of 7-Story Fall Released From Hospital, CBS2Chicago, October 15, 2009

Related Web Resources:
Chicago police department

The Robert Taylor Homes, Bradley.edu

The wife of a Lansing man who sustained a traumatic brain injury when he fell off a golf court is suing Indian Lakes Resort for Illinois personal injury. Sherri Bergfors is seeking damages for her husband’s TBI and her loss of consortium.

Todd R. Bergfors was participating in a golf outing when one of the resort’s employees gave him a ride in a club golf cart. According to the Cook County personal injury complaint, Bergfors was allegedly forced to stand in the area of the cart that is supposed to hold golf clubs. Because the employee allegedly operated the golf cart in a negligent fashion—per the lawsuit, he made a “sharp turn” and drove the cart at an "excessive speed”—Bergfors was injured in a Cook County fall accident when he was thrown from the golf cart.

He now has a TBI. Bergfors’s physicians told a judge in October that their patient was in a coma. His prognosis for recovery is poor.

The couple’s Cook County personal injury complaint also accuses the defendant of improper employee training, failing to warn Bergfors of the dangers associated with standing on the back of a golf cart, and overloading the golf cart that they were using to transport him.

Property owners can be held liable for Cook County, Illinois personal injury if a hazardous condition on a premise that should have or could have been remedied (or should not have existed on the property to begin with) causes the plaintiff to get hurt. Fall accidents can cause serious injuries, such as traumatic brain injuries, spinal cord injuries, broken hips, and dislocated body parts. These kinds of injuries are very painful and costly to treat. Some of them may be permanent. Many Illinois premises liability accidents are avoidable—if only negligence on the liable party's part did not occur.

Man sues resort after fall from golf cart, Chicago Now, November 12, 2009

Woman sues after husband falls off golf cart, My Suburban Life, November 13, 2009

Related Web Resources:
Indian Lakes Resort

UAB study estimates golf cart accidents injure 1,000 people a month, Al.com, June 10, 2008

The family of one of the men who fatally struck his head on an overpass while standing on the top level of a double-decker bus has filed an Illinois wrongful death lawsuit. Cameron Chana was 22.

The tragic Illinois bus accident happened on May 30 as a group traveled from Lake Shelbyville back to Eastern Illinois University. Chana, a Hinsdale Central graduate, was traveling with them.

He and 22-year-old Justin Sleezer struck their heads on the same overpass as the bus was driving under Interstate 57 on Illinois Route 16 outside Mattoon. The two men died from their traumatic head injuries.

According to the Coles County, Illinois wrongful death lawsuit, filed by Lori and Robert Chana, the defendants failed to supervise the behavior of passengers riding on the second level of the bus, neglected to take a different route that did not include the overpass, did not inform bus drivers about the dangers associated with certain bus routes, and did not properly train the bus drivers.

The Chanas' Chicago wrongful death lawyer also has pointed out that bus driver John F. Protz must have known that the overpass was a hazard because he drove a different route on the way to the lake. The Chicago injury attorney said that even though the bus had signs warning passengers not to stand when riding on the top level, the bus driver should have taken steps to ensure that people heeded the warning.

The Illinois wrongful death defendants include Protz, bus company Lincoln Springs Resort LLC, bus owner Graywood Enterprises. Inc., company owner Augustine G. Oruwari, and The Graywood Foundation.

While this type of bus accident might sound unusual or unexpected, this is not the first time anyone has died from getting struck by an overpass while riding a double-decker bus. In 2008, two men suffered traumatic head injuries during an overpass bus accident in the Washington DC area.

Getting struck in the head by a heavy or hard object can be fatal—especially when the impact occurs at a fast speed and the victim has no protection from the collision. Bus drivers and bus companies must ensure that their passengers do not do anything that could cause injury to themselves or others while on the bus.

Lawsuit filed in double-decker bus death, Pioneer Local, October 14, 2009

2nd Victim In Open-Top Bus Accident In D.C. Dies, The Washington Post, July 13, 2009

Two men die in Mattoon, Illinois bus accident after their heads strike an Interstate Highway 57 overpass, Chicago Injury Attorney Blog, June 2, 2009

Related Web Resources:
Brain Injury Association of America

Traumatic Brain Injury Resource Center

An 81-year-old woman who was injured in a Rosemont Target store has settled her Chicago personal injury lawsuit against the department store chain for $7 million. Claire Putnam sustained traumatic brain injuries on June 21, 2007 when she walked into the store and the swinging door struck her. She fell to the ground and hit her head. The swinging door hit her head a second time.

Her Chicago traumatic brain injury lawyer says that Putnam, who was hospitalized following her Cook County fall accident, has a “diffuse brain injury” that resulted in permanent cognitive deficiencies. Putnam still can communicate but has a difficult time processing thoughts and words.

Since the Chicago premises liability accident, Putnam has been staying a nursing home. She will now go back to her family’s home and use some of the settlement to pay for medical help.

Prior to the Chicago injury accident, Putnam lived independently and cared for her adult daughter, who has special needs.

Putnam’s Chicago traumatic brain injury complaint accuses Target of failing to inspect and maintain the department store’s doors and neglecting to follow safety guidelines provided by Besam USA. The door manufacturer is also a defendant in the Chicago products liability complaint, which accuses Besam of failing to design a door that provided a way to shut down its fail-safe system and give off some sort of warning to let employees know when the door malfunctioned.

To ensure the best outcome possible for your Cook County injury lawsuit, it is important that you retain the services of an experienced Chicago personal injury law firm. There may be more than one party that can be held liable, as well as multiple grounds for suing the negligent parties for damages.

Woman settles for $7 million in Target injury lawsuit, Chicago Breaking News, October 6, 2009

$7 Million Trip to Target, NBC Chicago, October 6, 2009

Related Web Resources:
Premises Liability, Justia

Traumatic Brain Injury, CDC

Products Liability, Nolo

A possible tire failure may have caused the van rollover accident that injured all six members of the Scotland Yard Gospel Choir. Initial reports indicate that the 1999 Chevrolet van was driving in the left lane on I-65 in Indiana when tire failure caused the van to go off the road and roll over a number of times. The van was totaled.

All of the band members are from Chicago. Mark Yoshizumi sustained major head trauma, internal injuries, and leg injuries. He was riding in the front passenger seat. Eliezer Santana Junior, who was driving the van, sustained a concussion and experienced minor bleeding. Alison Hinderliter, Elias Einhorn, Ethan Adelsman, and Mary Ralph also sustained head trauma. Ralph was not using a seat belt when the rollover accident happened and was ejected from the vehicle. She also has a shoulder injury and broke her collarbone and pelvis.

Examples of Tire Defects:
Tread separation: The treads on a tire gets separated from the rim. This can lead to loss of vehicle control and/or rollover accidents.
Tire failure: Overloaded tires and underinflated tires can lead to tire failure.
Tire blowout: A tire that blows out can cause the driver to lose control of the vehicle.
Tire or rim explosions: An exploding tire can blind, maim, or kill a bystander.

A person who is seriously injured in a Chicago rollover accident that occurred because of a tire defect or failure is likely entitled to sue the tire manufacture and/or the automaker for auto products liability.

A tire defect can cause the driver to lose control of the vehicle. It is at this point that the frightened motorist may fight to regain control of the auto by braking suddenly and/or turning while trying to get off the road. This is how many rollover accidents happen. Rollover crashes can result in serious injuries for the passengers who are tossed around inside the vehicle.

If you were injured in an Illinois auto accident involving a defective auto or a faulty auto part, is important that you retain the services of a Chicago injury lawyer that is experienced in successfully representing clients who were injured in auto accidents where products liability was a factor.

Band members injured in I-65 crash, Chesterton Tribune, September 25, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Sun-Times, September 25, 2009

Related Web Resources:
Tire Blowouts on the Highway, Safety.com

Rollover Accidents Explained

Scotland Yard Gospel Choir

Every year, about 300 kids under age 5 drown in pools and spas, while nearly 3,000 others sustain injuries that require emergency room care. Many victims that survive drowning accidents end up sustaining permanent injuries, such as traumatic brain injuries.

The Consumer Product Safety Commission recently issued these latest drowning statistics just in time for the swimming season. The CPSC wants to remind pool owners and supervisors to exercise the necessary precautions to prevent drowning accidents from happening.

80% of child drowning fatalities occur in residential settings. And a premise owner can be held liable for personal injuries if he or she failed to implement the proper safety measures that could have prevented a drowning accident from happening, such as (from the CPSC):

• Making sure that there is adult supervision any time there are children in the pool or spa.
• Installing a four-sided barrier with self-closing gates around the spa or pool.
• Installing safety covers or alarms.
• Knowing basic water rescue techniques.
• Keeping first aid and rescue equipment close by.

One common cause of drowning accidents is drain entrapment, which has been known to occur in residential pools and spas, as well as in public pools and spas. While older drains were designed in such a way that a person’s hair or clothing or another body part could easily get suctioned into the pool or spa drain (causing a potentially fatal drowning accident if the victim got pulled underwater and was unable surface), there are now new drain covers designed so that such incidents cannot happen.

The Virginia Graeme Baker Pool and Spa Safety Act went into effect last December and requires all public pools and spas to be fitted with these newly designed drain covers. The CPSC says that in-ground spas with the older drains and children’s wading pools pose the greatest risk of evisceration and entrapment. Since 1999, 69 people have been injured and 11 others killed due to drain suction.

If your child was injured by a defective pool drain or drowned because the pool owner failed to implement the proper safety measures at a pool or spa, you may have grounds for filing a Chicago personal injury lawsuit claiming products liability, injuries to minors, or wrongful death.

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009

Related Web Resources:
Swimming Pool and Spa Safety Starts with You!, PoolSafety.gov

Pool Season Begins in Illinois – Enjoy the Water, But Be Safe, eNews Park Forest, May 18, 2009

Pool Safety Report, CPSC, May 2009

Continue reading "Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings" »

Two Illinois men died in a tragic Mattoon, Illinois bus accident on Saturday. They were standing with several people on top of a double-decker bus on Illinois Highway 16 when they hit their heads on the Interstate Highway 57 overpass. The two men, Clarendon Hills resident Cameron Chana and Yorkville resident Justin Sleezer, were reportedly a few inches taller than the other bus passengers that were with them. They were both 22-years-old.

The bus occupants were primarily students returning from a Lake Shelbyville boating trip. Following the catastrophic accident, the bus driver transported the victims to a local hospital before they were later transferred to an Urbana hospital. Sleezer and Chana were pronounced dead the following morning.

The bus had been rented in Charleston from Lincoln Springs Resort. Passengers say that the bus driver never told the passengers that were on the upper deck to sit down and that no safety precautions were issued. Many of the bus riders were drinking alcohol. Official reports, however, indicate that as the bus was moving down the road, the passengers were told not to stand up.

Police are investigating the catastrophic injury accident to determine whether any regulation violations occurred. Issues under consideration include the clearance height of the overpass bridge, which is 13 feet, 11 inches and the height of the double-decker bus that police say is 13-feet, 6-inches tall. Just a few years ago, a backhoe on a trailer hit the same bridge.

Another issue under investigation is whether a change in the route the bus was supposed to take contributed to the deadly bus accident. A request for a food stop resulted in the bus driver making a stop at a McDonald’s on Illinois 16.

Bus accident investigation continues, TMCnetcom, June 2, 2009

2 suburban men killed in bus accident in Mattoon, Ill., Chicago Tribune, June 2, 2009

Related Web Resources:
Lincoln Springs Resort

NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders

Continue reading "Chicago Personal Injury Law Firm: Two men die in Mattoon, Illinois bus accident after their heads strike an Interstate Highway 57 overpass" »

In Illinois, a man who says that two Alton police officers beat him so severely that he sustained brain damage is suing the two cops, the city of Alton, and the Alton Police Department for personal injury. Russell K. Cox is seeking over $300,000 plus additional relief.

The Godfrey resident says that on April 24, 2008, Lt. William Taul and Police Officer James Hunter approached him on the street. The two cops allegedly hit him with their hands, flashlights, and fists, threw him onto the ground, sprayed him with some substance, and jolted him with an electroshock-like device. Cox says that he sustained personal injuries, including brain damage, a concussion, permanent hearing loss, extended mental pain, physical pain, suffering, and disability. He also incurred medical expenses.

The Illinois police brutality lawsuit accuses the two men of assault and battery, failing to exercise due care for the plaintiff’s safety, and not obeying procedures and policies that prohibit excessive force. Cox is suing the the city of Alton and its police department for the violent police assault and battery incident, failing to exercise the due care necessary to ensure his safety, failing to set up the proper procedures, failing to train police officers on not using excessive force, and failing to obey policies that bar the practice of police brutality.

Brain Damage
Brain damage can seriously impair a person’s ability to function properly—especially if the brain injury is severe and permanent. Depending on the type of brain injury, the victim's memory, judgment, any of the five senses, the ability to communicate, the ability to stay cognizant, his or her personality, libido, and ability to complete routine tasks can all be affected.

Brain injuries are often catastrophic, costly injuries that wreak havoc on the lives of the injured party and family members.

Godfrey man claims brain damage after Alton police allegedly assault him, The Record, April 8, 2009

Related Web Resources:
Traumatic Brain Injury Information Page

Use of Force By Police: Overview of National and Local Data, US Department of Justice

Continue reading "Chicago Personal Injury: Illinois Man Sues Police for Brain Injury Sustained During Alleged Police Brutality Incident" »

Movie Star Natasha Richardson was buried this weekend by her husband film actor Liam Neeson, her mother Vanessa Redgrave, her sister, Joely Richardson, her two sons, and other close friends and family. Richardson died last week following a ski accident in Canada. The 45-year-old actress had been taking a beginner’s ski lesson when she fell and struck her head, sustaining a fatal traumatic brain injury.

At first, the head injury appeared seemingly minor and paramedics who arrived to examine Richardson were told their services weren’t required. The scenario was much different more than an hour later when another ambulance arrived to rush Richardson to a local hospital. She would later be flown to the US where she died last Wednesday.

Autopsy results indicate that a blunt impact to the head is what caused the film star to experience an epidural hematoma, which is a kind of traumatic brain injury that involves the bleeding of the brain. Common causes of such a serious TBI include slip and fall accidents, getting struck on the head, and motor vehicle crashes. If not treated immediately, this type of brain injury can be fatal. Symptoms that someone is suffering from an epidural hematoma include dizziness, serious headaches, vomiting, drowsiness, and lapsing into a coma.

Following Richardson’s death, questions began to surface as to why she didn’t receive medical care sooner and if so, would she have survived? According to medical experts, while most serious injuries often result in immediate signs and symptoms, there are brain injuries involving “talk and die” situations. The victim may appear fine at first yet, suddenly—whether a few hours or several days later—his or her condition begins to rapidly deteriorate to the point of death.

CNN.com offers a list of what to do if someone you know has a head injury:

• Monitor the person closely for signs of a brain injury.
• Check for sudden changes in behavior or symptoms.
• Bring the injured person to the hospital if he or she starts acting drunk or is taking blood thinners—the latter can cause a major bleed.
• Take extra precautions and watch the person with the head injury even more closely if he or she is an elderly person.
• Take the person to a certified trauma center.

If someone you love sustained a traumatic brain injury in a slip and fall accident, a car crash, or another accident that was caused by other parties' negligence, you should speak with an experienced Chicago traumatic brain injury law firm today.

Natasha's lesson saves Ohio girl, CNNHealth.com, March 26, 2009

Epidural Hematoma, University of Missouri Healthcare

Related Web Resources:
Star Natasha Richardson mourned with Irish love, Herald.com,au, March 23, 2009

Natasha Richardson dies after skiing accident, Guardian.co.uk, March 19, 2009

Continue reading "Natasha Richardon’s Traumatic Brain Injury Death A Reminder of Why Even the Seemingly Mildest Head Injury Deserves Close Attention" »

An Illinois jury has awarded a South Side woman who was seriously injured when a Metra train derailed in Chicago in September 2005 nearly $29.6 million. Renee Poppel was one of the dozens of people who got hurt when a Metra engineer drove a Rock Island Line Train at 69 mph through a 10 mph crossover. The train violently derailed close to 47th Street and the Dan Ryan Expressway. Two people died in the deadly Chicago train accident.

Poppel was three months pregnant at the time of the Illinois train derailment accident. She sustained serious injuries, including a traumatic brain injury, a broken neck, and a shattered pelvis. Her baby, Faith Victoria, survived the deadly derailment and doctors delivered her while Poppel was in a comma. Faith Victoria is now three years old and so far, she appears healthy.

Poppel’s Chicago train accident attorney says the award will cover lost wages, future earning, and medical expenses. Because of the accident, Poppel will never be able to work again. She also is confined to a wheelchair, has vision loss and difficulties speaking, and is unable to take care of her daughter or her 5-year-old son without outside help. The 28-year-old Chicago resident has already undergone 21 surgeries and could undergo three more to reconstruct her hand.

About 50% of the 70 Chicago train accident lawsuits demanding compensation from Metra for the catastrophic 2005 train accident have been settled. Last November, Metra said it would pay $11 million to the families of the two train passengers that died in the crash.

According to Metra and the National Transportation Safety Board, human error was the cause of the deadly train crash. Following the Chicago train accident, Engineer Michael Smith was fired for failing to pay attention to the signals and not slowing down the Metra train.

South Side woman awarded nearly $30M in Metra lawsuit, Southtown Star, February 28, 2009

Attorney details injuries, needs of woman injured in Metra crash, Chicago Tribune, February 19, 2009

Related Web Resources:
Metra to Pay Families of Two Chicago Train Accident Victims $11 Million for Wrongful Deaths, Law Offices of Steven J Malman & Associates, PC, November 13, 2008

Metra