Chicago Injury Attorney Blog

In Madison County Circuit Court, Illinois resident Mark McDonald is suing 92 corporations for his father’s wrongful death. Mark's father, Robert, worked for nearly 50 years as an auto body repairman, mechanic, and boiler worker at various places throughout the state, including Shell Oil Company.

Last September, Robert was diagnosed with lung cancer, which he died from in March. Mark says that his father got cancer because he was exposed to, ingested, and inhaled asbestos fibers while working and that the defendants should have anticipated that the exposure to the toxic substance would end up killing his father.

Mark says that in addition to suffering from the disease and experiencing physical and mental pain, his father spent a great deal of money on medical costs and other services to treat his illness. Because Robert was unable to work, he lost a substantial amount of income. Not only did Robert's family lose his financial support and companionship, but they spent a great deal of money to pay for funeral and burial expenses.

Mark is seeking compensatory and punitive damages. He is accusing Metropolitan Life Insurance Company of working with the defendants to misrepresent the dangers that come with exposure to asbestos.

If you or someone you love was injured on the job in Illinois, you are entitled to workers’ compensation benefits. You also may be entitled to file personal injury and wrongful death lawsuits against other negligent parties that may have been responsible for the work-related injury or disease.

Mesothelioma
This type of cancer can occur due to exposure to asbestos, with lung cancer being a leading cause of asbestos-related deaths. Asbestos are toxic fibrous minerals that have been used to make houses, schools, buildings, certain car parts, and many other products. In the event that a person ingests or inhales the fibers, asbestos can cause serious personal injury or wrongful death.

Illinois man sues 92 companies for father's lung cancer death, The Record, August 27, 2008

Related Web Resources:

Mesothelioma: Questions and Answers, National Cancer Institute

What is Asbestos, Osha.org

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Workers' Compensation , Wrongful Death

Bookmark:

The federal government wants a judge to toss out a wrongful death lawsuit filed by a woman who alleges that her husband died as a result of medical malpractice at the Marion VA Hospital in Illinois. The reason the government is citing for its request, filed in East St. Louis, Illinois last month, is that the widow, Katrina Shank, failed to file the necessary affidavit from an expert stating that Shank had reasonable cause to file the lawsuit.

Shank’s lawyer says that although the affidavit is necessary for medical malpractice cases filed in Illinois court, it is not necessary for cases filed in federal court. Her lawsuit accuses the hospital of negligence, which she says resulted in her husband Bob bleeding to death after undergoing gallbladder surgery at the VA hospital last year. She is seeking $12 million in wrongful death compensation.

Following the minimally invasive procedure, doctors were unable to wake Bob up. Bob’s surgeon, Dr. Jose Veizaga-Mendez, suggested that he might have had a stroke, a heart attack, or liver damage. Bob was given several blood transfusions, which Shank says eventually prevented his blood from clotting. He underwent another surgery to determine where the blood was going. Bob passed away the next day.

Shank says the doctor let her husband bleed to death and that someone that worked at the hospital suggested she contact a medical malpractice lawyer. The US Government is named as the only defendant in the lawsuit.

Dr. Jose Veizaga-Mendez is under investigation for at least nine deaths that occurred to patients under his care while he worked at the VA hospital in Marion. A Veterans Affairs Administrative Investigation Board investigation found that the Marion VA hospital’s management staff failed to take action when doubts arose about Veizaga-Mendez’s credentials.

Report says Marion VA leadership dismissed concerns, Marion Daily Republican, August 15, 2008

Government Wants VA Suit Thrown Out Malpractice Alleged in Deaths at Ill. Clinic, Redorbit.com, July 24, 2008

VA Probes Doctor's Role in Patient Deaths, NPR.org, November 5, 2007

Related Web Resources:

A Health Care System, Marion.va.gov

Military Medical Malpractice Overview, Justia

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Medical Malpractice , Wrongful Death

Bookmark:

Film director Peter Berg is being sued for wrongful death. The director of “Hancock” and the “The Kingdom” was riding in a sport utility vehicle in Mesa, Arizona in August 2006, when the SUV crashed into another vehicle. Assistant prop master Nick Papac, who was working on the film “The Kingdom” at the time of the crash, was killed in the accident.

The lawsuit was filed on behalf of Papac’s parents, Michele Bell and Mike Papac. Also named as defendants in the wrongful death lawsuit are the driver of the SUV and a production company. Papac’s parents are asking for an unspecified amount of damages, including lost wages, medical costs, and funeral expenses.

Third Party Lawsuits
While you cannot sue a decedent’s employer for wrongful death if he or she was killed in a work-related accident, there may be third parties that can be held liable for the wrongful death accident. If your loved one was killed in a work-related accident in Illinois, an experienced Chicago wrongful death lawyer can investigate the circumstances surrounding the accident to determine if anyone other than the employer caused the injury accident.

Workers’ Compensation
If your loved one died in a work-related accident in Illinois, you may be entitled to death benefits from the employer’s insurance company. Death benefits are usually paid to the decedent’s spouse and children. An Illinois workers’ compensation claim is not a personal injury lawsuit. A good Chicago workers’ compensation lawyer can make sure that you receive your benefits in a timely manner, especially if your employer’s insurer is denying or delaying your claim.

Availing of your recovery from third parties, in addition to collecting death benefits from your loved one’s employer can help you receive the financial resources that you need in the wake of your family member’s unexpected death—especially if he or she was a main source of financial support. It is also a way to hold the responsible parties liable for the wrongful death.

Hancock' director sued over death, CNN.com, August 8, 2008

Related Web Resources:

Illinois Workers' Compensation Commission

Illinois Wrongful Death Act, Illinois General Assembly

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark:

In Illinois, the parents of a 3-year-old that died after being crushed by an iron gate have filed a Chicago wrongful death lawsuit against Urban Property Advisors, a private management company that oversees rowhouses for the Chicago Housing Authority.

Curtis Cooper was riding his tricycle on Cambridge Avenue in Cabrini Green on the afternoon of June 27, when an iron fence fell on him. His father, Clayton Wade, says, “I saw his head smashed in with the gate.”

Five or six men tried to pull the heavy gate off the boy. Curtis was later pronounced dead at Children’s Memorial Hospital. An autopsy found that Curtis died from cranio-cerebral injuries.

The lawsuit is asking for damages over $50,000. The gate reportedly had hinges on it that had been rusted through. It failed a building inspection conducted on June 30.

Premises Liability
It is the responsibility of all Illinois property owners and managers to make sure that there are no hazardous conditions on a premise that could cause serious injury or death to a resident, patron, or visitor of a property. Failure to fulfill this duty can be grounds for a premises liability or wrongful death claim or lawsuit.

Examples of conditions that can lead to a Chicago premises liability or wrongful death claim or lawsuit:

• Carbon monoxide leaks
• Slippery or uneven floors
• Poorly lit hallways
• Defective appliances on the property
• Electrical hazards

Premises liability accidents can lead to serious injuries, including broken bones, burn injuries, slip and fall injuries, injuries from a violent crime, and death.

Family of boy killed in gate accident files lawsuit, Chicagotribune.com, July 2, 2008

Toddler Crushed By Gate, CBS2Chicago.com, June 28, 2008

Related Web Resources:

Wrongful Death Act, Illinois General Assembly

Chicago Housing Authority

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Premises Liability , Wrongful Death

Bookmark:

The family of a man that died in an accidental shooting incident involving the Danville police is suing the city and the police officer involved. Aaron Moss, 27, was killed in 2006 after Officer Troy Wasson shot him twice during a foot pursuit.

The lawsuit, filed in US District Court in Urbana, alleges excessive force and wrongful death. Moss’s family is asking for over $1 million in damages and accuses Wasson of acting “maliciously, willfully, and wantonly” in Moss’s death.

The complaint reports that on May 30, 2006, Moss and another man had just ended an argument when the police arrived. Moss fled from the scene and was chased by Danville police.

Office Wasson allegedly pulled out a taser, but when he encountered Moss, he shot him in the arm and the back with a gun. The lawsuit claims that Moss was not armed and that Officer Wasson told a woman who offered to perform CPR on Moss to go away.

A sheriff’s department investigation, however, claims that Moss had a loaded gun. The police probe determined that Wasson was not at fault and absolved him of doing anything wrong.

Justice Department Statistics that from 2001 to 2007, there was an increase in the number of reported incidents involving the use of excessive force by law enforcement officers compared to the seven years prior. Many police brutality cases were reportedly not prosecuted.

Examples of police brutality include:

• Brutal chokings
• Unjustified shootings
• Beatings
• Sexual assault
• Verbal violence

Family sues city, police officer, Commercial-News, July 10, 2008

Related Web Resources:

Shielded from Justice, HRW.org

Communities United Against Police Brutality

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Police Brutality/Civil Rights Violations , Wrongful Death

Bookmark:

The family of a Lincoln Square icon that died in Chicago last year after being struck by a van is suing the driver for his wrongful death. Joseph Zeman, known as the “Pigeon Man of Lincoln Square,” died on December 18 in a pedestrian accident at Devon Avenue and McCormick Road.

The 77-year-old was a famous icon who spent hours sitting on a fire hydrant located on the corner of Western and Lawrence. He was usually surrounded and perched on by a large group of pigeons.

The driver of the van, Isaac Fadida, reportedly did not see Zeman. Fadida was turning right after exiting a parking lot. The van dragged Zeman’s body until a witness told the driver to stop. The Pigeon Man was declared dead at St. Francis Hospital in Evanston soon after.

Last month, Fadida was found guilty of driving with an unsafe vehicle and failure to exercise due care to avoid striking a pedestrian. The van he was driving was 16 years old and had defective brakes.

According to CyberdriveIllinois.com, there were 164 pedestrian deaths in Illinois in 2005. Pedestrian injuries are usually serious injuries, and for the pedestrians that recover, they may have to contend with long and costly recoveries from broken bones, traumatic brain injuries, spinal cord injuries, and other serious injuries.

You have two years from the date of the accident to file a personal injury lawsuit. If your loved one died in a pedestrian accident caused by driver negligence, you may be entitled to wrongful death compensation.

'Pigeon Man's' family sues, Chicago Sun-TImes, June 18, 2008

'Pigeon man' struck, killed by van, ChicagoTribune.com, December 19, 2007

Related Web Resources:

Pedestrian Crash Facts, WalkingInfo.org

Pedestrian Safety, Federal Highway Administration

Pedestrian Safety, CyberDriveIllinois.com

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Wrongful Death

Bookmark:

Every day, five children under the age of 19 die as the result of an accidental shooting or suicide by gun. According to the American Academy of Pediatrics, firearms (accidental, suicide and homicide) claim the lives of some 4,000 children under age 20 each year. Most of the deaths are preventable.

We recently represented a Chicago family for the accidental shooting death of their 16-year-old son. My client lived next door to a young girl whose father possessed a handgun. A young boy from the neighborhood asked the girl to provide him with the gun so he could look at it. When the girl handed the boy the gun, he refused to return it. Later that week the boy was showing my client the handgun when it accidentally fired, striking my client in the head and killing him.

We filed a wrongful death lawsuit against the shooter as well as the owner of the gun. The shooters family was insured by a homeowner's policy that covered the accidental shooting. We recovered 100% of the available insurance.

We also made a substantial recovery against the owner of the gun. After an arbitration hearing, the Judge ruled that it was negligent to leave a handgun in a place that was accessible to a child.

Unfortunately, most fatal firearm accidents occur when children and teens discover firearms at home that have been left loaded or unsecured. Because of the serious risk of firearm related death and injury to children, the decision to keep a firearm in the home is very serious and one that must not be made lightly.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

Bookmark: