What to Do If You Are Injured By a Drunk Person in Chicago?

Illinois Dram Shop Law

Intoxicated individuals often behave in ways that put others at risk. This may be from climbing behind the wheel of a car, staggering into another person, and knocking them down or instigating a fight that causes harm to innocent bystanders. To dissuade bartenders and tavern owners from serving alcohol to visibly impaired and/or underage patrons, Illinois Dram Shop Laws.

By holding bar owners partially responsible for damages caused by the careless or intentional actions of their intoxicated patrons, Illinois hopes to reduce alcohol-related injuries and deaths in Chicago and throughout the State.

What Is Dram Shop Liability?

Dram shop liability is a legal liability imposed on anyone who provides alcohol to someone who is already clearly intoxicated or who is too young to legally consume alcoholic beverages. However, unlike many states, Illinois does not require that the bar serve an obviously drunk patron before you have dram shop liability case. As soon as an establishment serves a patron their first drink, it has made the owner/operator partially responsible for any injuries or damages that patron might cause.

$68,777.44 per person in the case, and is limited to $84,061.32 for loss of means of support or loss of society resulting in the injury or death of any person. In dram shop liability, loss of society can include loss of:

A patron who becomes intoxicated at a tavern, then drives drunk and causes a car wreck that injures or kills someone is the typical example case of dram shop liability. Here is a subtler example of dram shop liability:

Beth has a few drinks with her friends, then heads to a Chicago bar. Beth does not appear to be obviously drunk and is served more alcohol. Beth later gets up to use the bathroom and staggers into another patron causing them to fall and break their arm.

This patron not only has a case against Beth, but potentially against the bar. Even if Beth never showed any signs of being intoxicated, because the bar served her, the owner/operator may be partially liable for the injury she caused.

Dram shop laws vary by state, with a handful of states that do not have any type of dram shop liability and a few others, like Nevada, that only impose dram shop liability when the intoxicated person was a minor at the time of the incident. Dram shop laws in Illinois are very strict and hold bar owners responsible whether the intoxicated patron is an adult or a minor.

Illinois Dram Shop Laws

Under the Illinois Dram Shop Act, also known as the Liquor Control Act of 1934, owners of any establishment that sells liquor can be held financially responsible for physical injuries and property damage caused by a person who became intoxicated at their establishment.

The amount of damages you can seek is limited by statute, whichvaries by year. As of January 20, 2018, recovery for personal injury or property damage shall not exceed

  • Companionship
  • Assistance
  • Protection
  • Guidance
  • Education

Illinois dram shop laws include a one-year statute of limitations, which means claims not started within a year of the date of the incident shall be barred. Laws also bar intoxicated adults from seeking damages for their own injuries. However, because it is illegal to serve alcohol to minors, dram shop liability is even more strict, and the tavern owner/operator may face penalties for injuries suffered by the intoxicated minor, as well as anyone injured by said minor.

Unlike dram shop liability, social host liability for alcohol-related accidents is very limited in Illinois. While the injured person can still bring a suit against the intoxicated individual who caused the accident, they likely will not be able to succeed in an action against the  person serving alcohol at a party in their home, unless the intoxicated person was under 21.

We Know Illinois Dram Shop Laws

In a wreck? Need a check?™ If you have been injured or lost a loved one in a drunk driving accident or any other accident caused by an intoxicated person, contact an Illinois personal injury law firm well versed in Illinois Dram Shop Laws. Glen Lerner Injury Attorneys brings experience, skill, and passion to your case. We offer free consultations and there are no fee unless we win your case. Visit our office from 8:00 a.m. to 5:00 p.m., use our convenient online LiveChat, or contact us 24/7 at 708-222-2222.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Ways to Avoid Injury Accidents on Valentine’s Day During Cold Weather

Valentine’s Day During Cold WeatherChicago, like the entire Midwest, is often ravaged by severe winter storms each year. February is a common month to see inclement weather, including tremendous amounts of snowfall, potentially mixed with freezing rain. Severe winter weather poses dangerous driving conditions and slip and fall situations.

If you and your sweetheart are planning a romantic night out to celebrate Valentine’s Day, Chicago personal injury lawyers suggest you postpone non-essential travel. Instead, celebrate the holiday at home in a warm, safe environment with romantic activities you can enjoy together.

Fun, Injury Free Valentine’s Day Ideas

There are tons of romantic ideas you and your mate can enjoy at home. Use your imagination or consider some of these ideas.

  • Throw a blanket on your living room floor and spread out some finger foods for an indoor picnic.
  • Host your own candlelit dinner, complete with fancy place settings, your favorite foods and a chilled bottle of wine.
  • Spend the day lounging in your pajamas, starting with a romantic breakfast in bed.
  • Plan a movie marathon with your favorite romantic flicks, snacks and drinks.
  • Try a new recipe and cook together while sharing a glass of wine and some romantic background music.
  • Share a cup of hot cocoa in front of a roaring fire or snuggle up together with your mugs of cocoa under a blanket in front of a window to watch the snow fall.
  • Clear some space in your living room, put on some romantic tunes or a playlist meaningful to you and your sweetie and dance the night away.
  • Pull out your photo albums or home videos and relive some of your most romantic moments together.
  • Unwind with a relaxing bubble bath for two, light some candles, play some soothing music and enjoy a glass of wine while soaking together.

Extreme Chicago Weather

February 2018 has been especially hazardous with winter weather advisories issued for much of northern Illinois. If you must travel, leave yourself plenty of time to get where you are going and make sure you have an emergency kit in your vehicle at all times. Be aware that weather-related car crashes have already occurred throughout the Midwest, including some fatal collisions.

Severe weather not only has caused snarled highways, it has also canceled hundreds of flights at Chicago’s O’Hare International Airport and caused many school closings. When the schools are closed, Chicago personal injury lawyers also advise you to watch for children out sledding, building snowmen and having snowball fights.

With up to 17 inches of snowfall around the Chicago area, Public Works crews and contractors have been working hard on snow removal operations. Residents shoveling walkways to prevent slip and fall accidents are cautioned to do so with care. One man in his 60s has already died following a heart attack while shoveling snow in Naperville, just west of Chicago.

Hire Top Chicago Personal Injury Lawyers

In a wreck? Need a check?™ If you have been injured in a car accident or slip and fall mishap on Valentine’s Day or any time, contact the Chicago personal injury lawyers at Glen Lerner Injury Attorneys. Our office is open 8:00 a.m. to 5:00 p.m., but we are available 24/7 at 708-222-2222, or use our convenient LiveChat online. We bring experience, skill and passion to your case, and offer free consultations and no fee unless we win your case.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Can I Get Compensation for Pain and Suffering in Illinois?

Compensation for Pain and Suffering in IllinoisWhen you have been hurt in a car accident and another person is at fault, you may be entitled to compensation. Whether you make an insurance claim or file a lawsuit, you may be granted economic damages and non-economic damages for your pain and suffering. There are no strict “rules” for putting a dollar amount on non-economic damages, but in most cases, you should receive some form of compensation. A personal injury attorney experienced in Illinois “pain and suffering” damages can help ensure you receive a fair settlement.

What is Pain and Suffering?

In Illinois, pain and suffering can be defined as the physical and emotional distress that resulted from a physical injury. While damages for medical bills, lost income and other out-of-pocket expenses directly tied to your injury fall under economic damages, pain and suffering falls under the category of non-economic damages. In an automobile accident claim, non-economic damages are often controversial, because they are somewhat subjective, and not easily defined or quantified. However, in most personal injury cases, some amount is usually recovered for pain and suffering. While this amount varies depending on many factors, it is often a substantial part of your overall damage claim.

Measuring Pain and Suffering Damages

Illinois pain and suffering laws operate under the state’s tort liability system, which governs how claims are litigated. Basically, this system allows a jury to decide the amount of damages you are awarded. The jury evaluates the monetary amount requested for each item listed in your claim and determines whether the amount is reasonable. Often cases are settled outside of court and an insurance adjuster or defense attorney will make an offer to settle based on an evaluation of many factors. Having an experienced personal injury attorney that has handled thousands of cases will help ensure that your interests are protected and that you receive a fair settlement.

While an evaluation may be pretty straight forward for economic damages, putting a monetary value on your pain and suffering is more challenging. This task is made more difficult, because there are no scientific formulas to utilize and pain and suffering does not affect everyone the same way. Thus, a jury, or an insurance adjuster if you are settling out of court, may use relevant factors to assign a value to your claim, including:

  • the nature of your injuries
  • any impairment or permanent injury caused by your injuries
  • how your pain might affect your daily life
  • any disfigurement caused by your injuries
  • the impact your pain might have on job performance
  • loss of ability to perform your usual leisure activities
  • the amount of medical treatment your injury required or may require in the future
  • any lingering pain or discomfort you might suffer due to the injury
  • pre-existing conditions that might have been aggravated by the injury

Pain and Suffering Limitations

In Illinois, there are no restrictions on who can or cannot file a personal injury lawsuit that may include pain and suffering damages, but there are certain limitations. The biggest limitation arises from Illinois’ modified comparative negligence rule, which states that if you were found to be more than 50% responsible for causing the accident/injury, you are barred from seeking any form of recovery, both economic and non-economic. You are not barred, if you were less than 50% at fault, but any damage award you receive is diminished in proportion to your percentage of fault.

Some states also place limits on the amount of money you can receive for pain and suffering, but the Illinois’ Supreme Court ruled that caps on pain and suffering damages are unconstitutional.

Hire a Top Illinois Personal Injury Attorney

Every individual is unique in how they experience pain and suffering, so it is inherently difficult to place a price on your non-economic damages. To ensure you receive a fair settlement, put your case in the highly capable hands of Glen Lerner Injury Attorneys. We bring experience, skill and passion to your case and fully understand Illinois pain and suffering laws. We offer free consultations and there is no fee, unless we win your case. In a wreck? Need a check?™ Visit our office from 8 AM to 5 PM, use our convenient LiveChat online or give us a call 24/7 at 708-222-2222.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

February is American Heart Month

American Heart Month

Heart disease is the leading cause of death for both men and women in the United States. Sadly, 1 out of 4 American deaths is caused by heart disease each year.

The good news? These tragedies can be prevented.

It all starts with taking care of your health.

What is Heart Disease?

Heart disease describes a wide variety of heart health issues including:

  • Coronary artery disease
  • Heart rhythm disorders (arrhythmias)
  • Congenital heart defects (defects that are present at birth)

When talking about heart disease, most people are referring to coronary artery disease or cardiovascular disease. These conditions occur when plaque made of fat, cholesterol, calcium, and other substances in the blood build up inside of the coronary arteries. This buildup results in the restriction of oxygen-rich blood flow to the heart muscle.

Tips for Taking Care of Your Heart

Schedule a Checkup With Your Doctor: Your doctor will be able to check your blood pressure, cholesterol and glucose levels at your yearly checkup. Ask your doctor to for advice on maintaining a healthy lifestyle and weight.

Be Active: Try to find some time in your day to be active. You can even be active while watching TV by doing situps or pushups. Substitute TV for the outdoors every once in a while and enjoy a nice walk or a jog.

Drop Soda for Water: Soda is one of the major contributing factors to heart disease. Take a water bottle with you everywhere you go. It will keep you hydrated as well as help curb your hunger.

Health Food, Not Fast Food: As hard as it may be at first, put veggies and fruits in front in the refrigerator and healthy snacks in the front of the pantry, so that’s what you see first. If you grab healthy foods for a minimum of 21 times, healthy choices will become a habit.

Control Your Cholesterol: Keep your cholesterol down by cutting down on foods high in saturated and trans fat. Consider eating more lean chicken and turkey, fruits and veggies, and whole grains.

Settle Down on the Salt: Cutting down on your salt intake can lower your blood pressure.


Want to Learn More?

Visit theheartfoundation.org for facts, statistics, and tips for preventing and managing heart disease.

 

Nothing in this post is intended to be nor should be construed as professional legal advice. It is general information about safety and the firm’s scope of services, not legal advice. Please feel free to contact us via telephone, mail, email, or through our website, but understand that contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established.

Hernia Mesh Complications

hernia mesh complicationOne of the most common surgical procedures performed in the US each year is hernia repair. Approximately 500,000 people undergo hernia repair surgery annually.

There are multiple methods of repairing various types of hernias:

  • Sutures to close the opening in the abdominal wall;
  • Synthetic mesh to support the damaged tissue and;
  • Biological grafts.

For over 50 years surgeons have used implantable mesh as a means of repairing hernias, and for a great number of people, this has been a successful option.

Hernia mesh falls into one of two categories: synthetic or biologic.

Synthetic mesh is man-made, often comprised of polypropylene, polyester fibers, etc. Biologic mesh is derived from donated human or animal dermis. Synthetic hernia mesh is marketed as a safe solution, reducing the length of time for both the surgical procedure, as well as the recovery. Often, mesh is implanted laparoscopically, versus an open surgical procedure.

In 2005, the FDA issued its first recall of C.R. Bard’s Composix Kugel Mesh Patch, due to the alarming reports of injury from patients who received the product for hernia repair. After the recall Bard redesigned the Kugel mesh to be “stronger”, and it returned to the market. In 2011, Bard settled with approximately 3,000 Kugel mesh claimants for $184 million.

Common Injuries Caused by Hernia Mesh Include:

  • Punctured / perforated intestines
  • Bowels and other organs
  • Intestinal fistulae
  • Bowel obstruction or resection
  • Peritonitis
  • Abdominal wall tears
  • Abscesses
  • Sepsis and/or adhesions of the mesh to the bowel

If you have suffered complications from hernia mesh, contact Glen Lerner Injury Attorneys right away so we can discuss your case.