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Whiteside & Goldberg representing victims of hidden camera at TJ Maxx in Machesney Park

Tue, 14 Apr 2026 15:42:28 GMT

Victims of Hidden Camera at TJ Maxx in Machesney Park May Have Legal Rights

Victims of a hidden camera discovered in a TJ Maxx dressing room in Machesney Park, Illinois may have the right to pursue legal action. Whiteside & Goldberg is actively investigating claims involving unlawful video recording and invasion of privacy tied to this incident.

If you used the women’s dressing room at the TJ Maxx location between May 1, 2025 and February 28, 2026 , you may have been affected—even if you were unaware at the time.

What Happened at the TJ Maxx in Machesney Park?

A criminal investigation revealed that a store manager allegedly placed a hidden recording device inside the women’s dressing room at the Machesney Park TJ Maxx. The device was discovered after a customer reported seeing what appeared to be a camera.

Law enforcement, including the Winnebago County Sheriff's Office, is continuing to investigate the situation. Authorities have asked anyone who may have used the dressing room during the affected timeframe to come forward.

Contact Detective Valdivieso: (815) 319-6406

Who May Be Affected by This Incident?

You may be eligible to take legal action if:

You used the women’s dressing room at the Machesney Park TJ Maxx
Your visit occurred between May 1, 2025 and February 28, 2026
You were unknowingly recorded or potentially recorded
You experienced emotional distress, embarrassment, or privacy violations

This may include:

Customers
Minors
Employees

Your Legal Rights After a Hidden Camera Privacy Violation

Illinois law provides strong protections for individuals in private spaces like dressing rooms. Victims of hidden camera incidents may be entitled to pursue claims for:

Invasion of Privacy
Intentional Infliction of Emotional Distress
Negligence by the business or property owner
Failure to provide a safe and secure environment

Even if you are unsure whether you were recorded, you may still have a valid claim if you were exposed to the risk of surveillance in a private setting.

What Compensation Could Victims Receive?

There is no fee unless we win. We do it on contingency which means you don’t pay us unless we win and get you a settlement

What To Do If You May Be a Victim

If you believe you may have been affected:

Contact law enforcement to report your experience
Document any details you remember (dates, times, visits)
Avoid discussing details publicly before speaking with an attorney
Contact a qualified privacy rights lawyer to understand your options

Free Confidential Consultation for TJ Maxx Victims

If you or someone you know may have been impacted by the hidden camera incident at the Machesney Park TJ Maxx, contact Whiteside & Goldberg today.

Call: (312) 334-6875
Email: info@wglawgroup.com

Your consultation is free, confidential, and comes with no obligation . There may be limited time to file a claim, so it is important to act quickly.

Frequently Asked Questions (FAQs)

Can I sue TJ Maxx for a hidden camera in a dressing room?

Yes. Victims may have legal claims for invasion of privacy, negligence, and emotional distress. Businesses have a duty to protect customers in private areas.

How do I know if I was recorded?

You may not know for certain. However, if you used the dressing room during the affected timeframe, you may still be eligible to pursue a claim.

Is there a deadline to file a lawsuit?

Yes. Illinois law limits the time you have to file a claim. Speaking with an attorney as soon as possible is important to protect your rights.

What if my child used the dressing room?

Minors who may have been affected could have additional legal protections. Parents should contact an attorney immediately.

How much does it cost to hire a lawyer?

Most cases like this are handled on a contingency basis, meaning you pay nothing unless compensationWhiteside & Goldberg

6 Things You Should Do After A Motorcycle Accident

Mon, 17 Aug 2020 20:28:30 GMT

According to NHTSA , motorcyclists only make up about 5% of all drivers. Yet, research shows that fatal motorcycle accidents happened 27 times more often than passenger car occupant accidents in 2017. Therefore, it’s important to know what you should do after a motorcycle accident whether you are the rider, the passenger vehicle driver, or just an innocent bystander. While there are things you can do to protect yourself against a motorcycle accident, even the most careful drivers can find themselves in unavoidable accidents. Immediately after an accident, your adrenaline will be pumping, and you may be in a state of shock. Learning what steps to take now will help you react properly should you ever need to. Keep reading to learn 6 easy steps to take after a motorcycle accident.

WHAT TO DO AFTER A MOTORCYCLE ACCIDENT

Accidents of any kind tend to happen when you are least expecting it. Maybe it’s your usual commute that you drive every day, or maybe you’re just running a quick errand. The NHTSA reports that approximately 52 percent of all accidents occur within a five-mile radius of home and 69 percent of all car accidents occur within a ten-mile radius from home. To avoid being caught off guard too much, it’s best to always expect the unexpected and drive defensively at all times.

1. Get to safety

The first thing you should do is analyze your surroundings and current situation. Are you in harm’s way? Are you badly injured? If possible, remove yourself from the roadway and out of traffic. Check to see if anyone else was involved in the accident and help them get to safety as best as you can.

2. Do not remove your protective gear

After an accident, you may be in shock and the adrenaline may be preventing you from feeling any pain or injuries. Always keep this in mind and wait for paramedics to arrive before you remove your helmet and other gear to avoid exacerbating injuries.

3. Call 911

After you have gotten to safety and before you remove any protective gear, call 911 to report the accident. Depending on the severity of the accident, police and paramedics may come to the scene.

4. Seek medical attention

Even if you don’t think you’re injured, it’s always best to get checked out by a medical professional after any accident. Serious injuries may not be apparent right away and sometimes it will take days, weeks, or months for symptoms to appear. If you were on a motorcycle during the accident, you are extremely susceptible to broken bones and serious internal damage and bleeding.

5. Gather evidence

No matter the accident, it’s always a good idea to gather evidence immediately after. This means taking your own pictures, writing notes, and obtaining a copy of the police report. Speak with the other driver to swap insurance information and any other contact information.

6. Speak with a lawyer and your insurance company

When is the best time to speak with a personal injury lawyer? The sooner, the better. Hiring a qualified motorcycle accident lawyer can make all the difference in your insurance settlement. Most of the time, insurance companies will offer you the lowest amount possible, but an accident attorney can help negotiate with insurance companies. It’s always a good idea to consult with a lawyer before accepting any settlement. Your lawyer will usually speak with your insurance company on your behalf, but regardless of who contacts your insurance, you should always speak with them in a timely manner.

These are the 6 steps to take immediately after a motorcycle accident. In addition, it’s important to note that you should never admit fault if you were just in an accident. Even if you think you made a mistake or could have avoided the accident, words of fault could be used against you. This applies when speaking to the other driver, police officers, and insurance companies.

STATUTE OF LIMITATIONS

If you are involved in a motorcycle accident, you are entitled to sue for damages when injuries or fatalities result. When motorcycles are involved, the severity of injuries dramatically increase. As with any personal injury case, there is a statute of limitations during which a claim should be filed. In Illinois, the injured party has 2 years from the date of the accident to file a claim. However, there are a few exceptions to this rule. The time to file a case may be extended if you were under the age of 18 or if you were mentally incompetent at the time of the accident. The time to file may be shortened if the accident involved a government vehicle or if you are filing a wrongful death claim on behalf of someone who died in the accident. In order to receive the maximum compensation for your injuries, you should reach out to a personal injury attorney right away.

WHITESIDE & GOLDBERG, LTD.

As you can see, there are many crucial steps to take quickly after being involved in a motorcycle accident in order to file a successful personal injury claim. To sum it up, you should:

Seek out prompt medical attention
Take pictures and notes
Obtain copies of all medical records and police reports
Hire an experienced attorney to help you file a claim within the statute of limitations

The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office.

The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Auto Accidents Involving Pedestrians

Thu, 13 Aug 2020 19:51:24 GMT

While driving, it is not only important to keep your eye out for other vehicles around you, but also for pedestrians near the road or crossing streets. According to the CDC , there were 5,977 pedestrians killed and 137,000 injured in auto accidents in in 2017 in the United States. In Illinois alone there were a total of 4,940 pedestrian accidents in 2017.

DETERMINING FAULT

When determining who is at fault in an accident involving a pedestrian it is important to take into consideration many different factors.

The main determining factor to establish who is at fault, is in regard to negligence. Negligence, according to FindLaw , is the “failure to do (or not do) something that a reasonable person in a similar situation would do, to protect others from foreseeable risks”.

In order to obtain compensation for damages or injuries, the injured person must prove that the person at fault meets the following criteria:

Owed a legal duty to the plaintiff.
Failed to follow through with the legal duty.
Caused the accident involving the plaintiff.
The plaintiff was injured as a direct result of the accident caused.

In some cases, there may be multiple liable parties. The main parties that could all be held liable would include first, the most obvious case, the driver of the vehicle that caused the accident. However, in other circumstances, whoever is responsible in maintaining the sidewalk, crosswalk, road or parking lot where the accident occurred, or even the pedestrian themselves could also hold liability.

D UTY OF CARE

DRIVER

By getting behind the vehicle and making the active decision to drive a car, you take on a driver’s duty of care. This means that you are liable to exercise a reasonable amount of care when performing this action. Failing to commit to and practice this duty of care would be considered negligence. Thus, leaving you liable for any harm or injury occurring due to your lack thereof.

Some basic duties of care as a driver include:

Following the speed limit
Yielding to pedestrians at crosswalks
Following traffic signals/lights/signs
Signaling when turning or changing lanes
Giving your full attention to driving (no distractions)
Not driving under the influence (alcohol/drugs)
Being aware of the weather or traffic conditions and practicing extra caution when needed
Use a greater degree of care when driving in areas where children are present

PEDESTRIAN

Even though pedestrians may generally have the “right of way” in most circumstances, they also have a duty of care to maintain. Failure to comply can result in “contributory negligence” if their lack of care contributed to their resulting injuries in an accident.

Duties of care as a pedestrian include:

Following the signals at an intersection, and only walking when the “walk” signal is displayed.
Using only designated crosswalks to cross streets.
Using reasonable caution when deciding to cross a street by checking both ways to ensure no cars are coming.
Not walking out in front of a moving vehicle in the street.

In Illinois, pedestrians have the right-of-way in most cases. According to the Illinois Vehicle Code , pedestrians still have to follow their basic duty of care by not walking out in front of a moving vehicle, use designated crosswalks, and follow all other designated traffic signals. However, if attempting to cross the street in an area with a lack of traffic signals a driver still must yield. Additionally, in the state of Illinois, hitchhiking as a pedestrian is illegal. Illinois follows the “modified comparative fault theory”. Meaning that if the plaintiff is deemed at least 51% responsible for the accident, they will not be able to collect compensation. If the plaintiff is less than 51% responsible, then compensation may be obtained from the defendant. However, due to the modified comparative fault theory, compensation will accurately represent the degree of fault by subtracting the plaintiff’s percentage of fault.

RISKS

The CDC has provided information in regard to what circumstances a pedestrian accident may be more likely to occur, and who is most often involved. In order to do your best to reduce these types of accidents it is important to recognize when you should be more alert when operating a vehicle, and when you should not be driving at all due to impaired judgement.

ALCOHOL

Approximately 47% of accidents causing a pedestrian death involved alcohol levels above .08 g/dL in either the driver and/or pedestrian

ELDERLY & CHILDREN

20% of pedestrian deaths and 10% of injuries consisted of pedestrians ages 65 and older (2017).
About 20% of children 15 years or younger killed in traffic accidents were pedestrians (2017).

SPEED

Driving at high speeds will increase the chances of hitting a pedestrian and the severity of injury.

TIME/LOCATION

The majority of pedestrian deaths tend to happen at night in urban, non-intersection locations.

HOW TO STAY SAFE

Only cross the street using designated crosswalks.
Walk on the sidewalk, not in the street.
Wear reflective clothing when out at night.
Be aware of your surroundings.
Limit use of earbuds or phone when walking near a road.

WHITESIDE & GOLDBERG, LTD.

If you have been involved in an auto accident with a pedestrian, whether you were the driver, or the pedestrian, we encourage you to set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages.

How to File a Medical Malpractice Claim

Fri, 19 Jun 2020 19:53:33 GMT

Although it may be your first instinct to hurry up and file a medical malpractice claim directly after a resulting injury from your provider, there are a few steps to take to make sure you have a viable case before filing a claim.

C ONTACT THE MEDICAL PROFESSIONAL INVOLVED IN YOUR INJURY

Communicating with your doctor before filing a claim can make the process of correcting your injury significantly simpler for both the medical professional and you. This step allows for you to understand what might have gone wrong that would have resulted in your injury. If it is determined that the injury can be remedied, most medical providers will offer to provide a solution to correct the injury.

CONTACT THE MEDICAL LICENSING BOARD

In situations where discussing your issue with your medical provider does not result in a solution for your injury, proceed to contact the affiliated medical licensing board. The licensing board generally will not order your doctor to compensate you, but they can issue disciplinary action toward the practitioner and can help guide you in regard to the next steps to take regarding the claim.

If completing the above steps did not provide you a solution or compensation for your injury, it may be time to proceed with determining if you are eligible to file a medical malpractice claim. The next step would be to determine the requirements of the statute of limitations and the certificate of merit in your state regarding medical malpractice claims.

STATUTE OF LIMITATIONS

Every state has different guidelines for the statute of limitations for specific civil claims. The “statute of limitations” is the amount of time you have from the occurrence of the incident to when your claim must be filed in order for it to be valid. In Illinois, the statute of limitations for medical malpractice claims is 2 years from the date that the victim discovered the injury.

CERTIFICATE OF MERIT

More and more states are requiring a “certificate of merit” to certify that the injury sustained was directly resulting from negligence committed by your medical professional. In Illinois, filing this “certificate of merit” is required before proceeding to file your medical malpractice claim. Filing the certificate first requires you to contact an expert that will review your medical records. The expert will then have to confirm that your provider deviated from the standard of care expected, which would have resulted in your injury.

Once the injury due to negligence is verified your lawyer can then file the certificate of merit which acts as a confirmation that you have communicated with a medical expert which provides merit to filing a claim.

OUR LAWYERS HERE AT WHITESIDE & GOLDBERG, LTD., ARE HERE TO HELP YOU THROUGH THIS PROCESS. CONTACT US TODAY IF YOU HAVE EXPERIENCED NEGLIGENCE RESULTING IN INJURY FROM YOUR HEALTH CARE PROVIDER AND WE WILL GET YOU THE HELP YOU DESERVE.

Medical malpractice claims have meet the three following requirements in order to be sufficient:

1. A VIOLATION OF THE STANDARD OF CARE
There are certain standards that have to be met in the medical field. These standards are recognized and accepted by health care professionals. Any patient should generally expect this standard of care to be met. If the patient believes that they received service that did not meet the standard, negligence may be established.

2. NEGLIGENCE RESULTING IN INJURY
Negligence by itself, from violating the standard of care, is not enough to validate a medical malpractice claim. The patient must be able to firmly prove that the accident or injury was solely caused by the negligence exhibited. If the injury could have occurred despite negligence, then it could have simply been an unfavorable outcome. In order to form a case, the injury that ensued has to be a direct cause of negligence. If the injury was not directly caused by negligence, a medical malpractice claim cannot be made.

3. SIGNIFICANT DAMAGE CAUSED BY THE INJURY
Medical malpractice lawsuits are extremely costly. Thus, in order for a case to be viable the patient has to show that the injury resulted in significant damage.

“Significant damage” could include a disability resulting from the injury, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.

TO FILE, OR NOT

If all of the above criterion has been met, you could very well be qualified to file a medical malpractice claim. However, proceeding with the claim can be very time consuming and expensive. Many cases end up simply being settled out of court for this reason. Additionally, most medical malpractice insurance companies often reject a lot of the claims filed. Thus, it may be better to take a second to determine if you and your lawyer believe your case is strong enough to uphold in court and attempt to attain a larger settlement, or if you should simply try for a cheaper and faster out-of-court settlement.

WHITESIDE & GOLDBERG, LTD.

WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875
for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.

The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Most Common Workplace Injuries

Fri, 12 Jun 2020 19:56:18 GMT

According to the Bureau of Labor Statistics , there was a total of 2.8 million nonfatal workplace injuries and illnesses in 2018. In 2017 there was a total 104,000,000 production days lost due to nonfatal workplace injuries. Your employer should always do their best in preventing these common workplace injuries from occurring in order to best protect employees. However, that doesn’t always happen. In some jobs such as, transportation, manufacturing, construction, and maintenance, the risk for a workplace injury may be much higher than others. However, that doesn’t mean that if you work a desk job, you can’t become injured at work.

I n the state of Illinois employers are required by law to provide workers’ compensation insurance for nearly everyone hired. If you are injured on the job you have 45 days to report the injury in Illinois. You then have to file a claim to the Illinois Workers’ Compensation Commission within 3 years of when the accident occurred. If you are suffering from any of the below injuries from an event that occurred at your workplace in Illinois and your employer disputes your workers’ compensation claim, contact Whiteside & Goldberg, LTD.

THE FIVE MOST COMMON WORKPLACE INJURIES

1. Sprains, Strains, Tears
A sprain is any stretching or tearing of ligaments, and most often result in your ankle. Other places a sprain can usually occur include the knee (usually from working out), the wrist (i.e., when used to catch yourself from a fall), or a thumb (from overextension). Sprains can result in pain, swelling, bruising, and a limited ability to move the joint. A muscle strain or a “pulled muscle” are usually experienced in the lower back or hamstrings. A strain is different than a sprain due to the fact that a strain occurs in the muscle, whereas a sprain occurs at a joint. Strains often result from picking up heavy objects using incorrect body mechanics. Strains can cause pain, redness and bruising, limited motion, muscle spasms, swelling, and muscle weakness.

2. Soreness, Pain
Soreness and pain can be caused by many aspects of any job. But the most common cause of soreness and pain is usually a result of having to sit an office chair all day and all week. Back soreness from constantly sitting all day with poor posture, overtime can result in long term back pain and other problems .

3. Bruises, Contusions
When blood becomes trapped under the surface of your skin, a bruise will form. The bruised area will often be sore or painful.

4. Cuts, Lacerations, Punctures
A cut or laceration is any opening or break in the skin. Depending on the depth of the cut, there is a chance that it could damage any tendons, muscles, ligaments, nerves, blood vessels, or bones that are underneath the surface of the skin. A puncture is when a pointed object (i.e., pencil, nail, etc.) is stuck into the skin. These types of wounds can result in bleeding, damage to what is underneath the wound site, and if not taken care of, can also result in an infection.

5. Fractures
A fracture occurs when a there is a break in a bone. A fracture usually results in a lot of pain, deformity of the limb, swelling and tenderness around the fracture, numbness and tingling, and difficulty moving the affected limb. In order to heal a fracture, you may be put in a cast, or may need surgery involving plates, pins, or screws that will keep the broken bone where it needs to be.

EVENTS/EXPOSURE

There are three main categories of events that may occur in the workplace that could lead to these types of injuries, resulting in lost days of work.

1. Overexertion – 28.2 per 10,000 full-time workers
Overexertion occurs when people over work themselves, causing a multitude of problems. This could occur from excessive physical activity (i.e., lifting, pulling, stretching), sitting or standing for long periods of time, extreme temperatures, or using repetitive motion. This type of event often results in soreness or pain, or sprains, strains, or tears depending on what activity is involved.

2. Slips, Trips, And Falls – 23.9 per 10,000 full-time workers
Slipping, tripping, or falling, from a higher level to a lower one, or even on the same level most often result in sprains, strains, or tears, but falling from high enough, or on dangerous terrain could also result in a fracture.

3. Contact with Objects and Equipment – 23.5 per 10,000 full-time workers
Injuries occurring from contact with objects and equipment includes being struck against an object, being struck by an object, getting caught in an object or equipment, or caught in collapsing material. These types of events most often result in injuries such as cuts, lacerations, or punctures.

WHITESIDE & GOLDBERG, LTD.

If you’ve been injured on the job and your employer disputes your workers’ comp claim, you likely need legal help. Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have extensive knowledge of Illinois workers’ compensation law. In fact, one of their specialties is working with those injured on the job.

As an employee in Illinois, you are entitled to receive the best representation possible so that you can recover from your injuries without financial worry.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

First Steps After Getting A Dog Bite

Fri, 05 Jun 2020 19:59:11 GMT

FIRST STEPS AFTER GETTING A DOG BITE

According to the CDC , in the United States, more than 4.5 million people are bitten by dogs each year. Nearly 1 in 5 of those people require medical attention from the bite. Many households have a pet dog, and although you may think your dog would never bite you, or someone else, all dogs are capable of biting. Any dog can bite, however, the risk of them biting is significantly increased when they are scared, nervous, eating, or protecting toys. In order to prevent dog bites, it is important to recognize the dog’s behavior and act accordingly. It is always best to be preventative, so always make sure your dog’s vaccines are up to date If you see your dog exhibiting any of the above behaviors, leave them be, and closely watch family members or other guests around them. However, if an incident does occur, either with your own dog, someone else’s a dog, or a stray, be sure to follow the guidelines listed below in order to best handle the situation.

CLEAN IT!

Dog bites can cause infections that may need to be treated with an antibiotic. In order to prevent it from getting that far, the first thing you should do after being bitten is clean the wound. Follow these steps to help prevent an infection from developing:

1. Hold a clean towel over the bite to help stop the bleeding.
2. Wash the bite with soap and water.
3. Apply a bandage to the bite.
4. Use antibiotic cream on the bite every day.

SIGNS THAT YOUR BITE MAY BE INFECTED

According to the CDC , most Capnocytophaga infections usually occur from dog or cat bites but can also develop after being in close contact with a dog or cat’s saliva. It is most common in adults over 40, but it has also been diagnosed in children. Capnocytophaga can over time develop into a more serious problem if not dealt with as soon as possible.

Symptoms of this infection include:
• Redness, swelling, draining pus, or pain around the wound
• Fever
• Diarrhea and or/stomach pain
• Vomiting
• Headache and/or confusion
• Muscle or joint pain
• Blisters around the bite within hours of when it occurred

If you have certain health conditions, you may be at a greater risk to develop an infection.

The conditions that put you at a higher risk include:
• Excessively drinking alcohol
• Not having a spleen
• Immuno-compromising conditions like: Cancer, Diabetes, HIV infection
• Using drugs that are toxic to cells, such as chemotherapy

CALL YOUR DOCTOR

Infections from dog bites can be very serious, especially if you don’t know the dog, and are unaware of the vaccinations it may or not have. After cleaning the wound to prevent infection, calling your doctor would be the next best step. Your doctor will examine the wound to see if it went deep enough to damage anything beneath the skin that could cause problems. They will also thoroughly clean the wound for you. In some cases, the doctor may recommend stitches depending on the circumstance and where the bite is located. For more severe and deep bites, plastic surgery may be required. If you are unsure if the dog that bit you has had their rabies shot, you may need to get a rabies vaccine, and the doctor will make sure your tetanus shot is up to date. If your bite is infected, the doctor will you prescribe you antibiotics as treatment to kill the bacterial germs from the infection.

REPORTING THE BITE

If you are bitten by a dog and are unaware if they have gotten a rabies vaccine, or if it looked like it was sick, or acting strangely, you may want to report the incident to your local animal control agency or police department. If you know who the owner is, it is important to contact them and make sure that their dog is current on their rabies vaccination.

IN CASE OF A DOG BITE

You may be wondering what you can do if you or a loved one does get attacked by a dog. In Illinois, the law states: “Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.” This means that you have every right to sue the owner of the dog for any injuries it may have caused. The owner is liable if you are attacked without provocation. According to Find Law, it doesn’t matter if the owner knew its dog was dangerous, and it doesn’t matter if the owner tried to stop the dog. Regardless, the owner is liable for damages and the person injured is encouraged to seek legal counsel. In the case of a dog bite, with an experienced lawyer, you can receive compensation for medical expenses, emotional distress, pain and suffering, and lost wages. If you are looking for further information regarding dog bites, why dogs bite, and how to prevent them, refer back to: Everything You Need To Know About Dog Bites

WHITESIDE & GOLDBERG, LTD.

The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Treatment Options for Mesothelioma

Fri, 29 May 2020 20:03:27 GMT

Asbestos exposure is the primary risk factor for mesothelioma and it can take 20 to 60 years to develop after exposure to asbestos. Mesothelioma can also be contracted by living with someone who comes in contact with asbestos brings the fibers home on their clothing, which over years can put others at risk for developing the cancer. Additionally, if there is a history of mesothelioma in your family, you could possibly be at a higher risk for developing it.

S IGNS AND SYMPTOMS

Some general signs of Mesothelioma include fever, excessive sweating, fatigue, weight loss, blood clots, and loss of appetite. As for other types of mesothelioma such as Pleura mesothelioma (of the chest), you may be experiencing pain in the chest, shortness of breath, cough, trouble swallowing, hoarseness, and swelling of the face and arms. If you are experiencing these symptoms, especially if you may have been exposed to asbestos, it is recommended to contact your health care provider immediately.

TREATMENT

For most people, mesothelioma cannot be cured, but there are treatments available to help reduce some of the signs and symptoms. Mesothelioma is generally discovered at a later stage, which makes it harder to remove the cancer, however, there are other ways to at least control the cancer

When proceeding through treatment for cancer, many different people may be involved . The doctors assigned to your team will all depend on what stage of cancer you are in and treatment options. A thoracic surgeon deals with lungs and chest surgery having to do with diseases. A surgical oncologist utilizes surgery to treat cancer, a radiation oncologist is brought in to assist with radiation therapy, a medical oncologist uses chemotherapy to treat cancer, and a pulmonologist focuses on medical treatment of diseases of the lungs. If the mesothelioma is caught at an early stage, surgery could be an option. It might not be possible to remove all the cancer, but by removing what can be removed will decrease the signs and symptoms.

The Mayo Clinic emphasizes 4 different surgical options:

1. Decrease fluid buildup
Fluid buildup in the chest is caused by the Pleural type of mesothelioma. This surgery consists of the surgeon inserting a tube into the chest to drain the fluid. Medicine may also be injected to prevent the fluid form returning.

2. Remove tissue around the lungs
By removing the tissue lining from the ribs and lungs it may relieve signs and symptoms.

3. Remove a lung and the surrounding tissue
This will help relieve signs and symptoms of pleural mesothelioma. Additionally, if receiving chemotherapy following the procedure, it will allow doctors to use higher doses as they will not have to be concerned about damaging your lung from the radiation.

4. Surgery for peritoneal mesothelioma
Surgeons will attempt to remove as much as the cancer as the can.

CHEMOTHERAPY

This treatment kills cancer cells by utilizing chemicals. These chemicals run through the body and will shrink or slow down the growth of the cancer that cannot be removed by a surgeon. Chemotherapy could also be used in conjunction with a surgery, either before or after, in order to either make removing the cancer in surgery easier or diminish the chance of the cancer returning.

RADIATION THERAPY

High-energy beams are focused on specific areas of the body containing the cancer. The beams are usually from X-rays and protons and will help kill cancer cells still left in the body.

MULTIMODAL THERAPY

Combining treatments for mesothelioma can often give the patient a longer life expectancy. This type of treatment usually consists of some sort of tumor-removing surgery combined with chemotherapy and radiation. Treatment options of multimodal therapy fall into three categories,mostly depending on the timing between each separate treatment. These categories include Neoadjuvant therapy, Primary therapy, and Adjuvant therapy. Primary therapy is the most effective option. It consists of surgery, and usually a targeted treatment right after the tumor is removed.

MORE TREATMENTS

If none of the above treatments are a good fit. There are a few more options.

• Immunotherapy – Sometimes your body’s disease-fighting immune system can be blinded by certain proteins created by the cancer cells. This prevents your immune system from attacking the cancer cells. By using immunotherapy, this process will be interfered allowing your immune system to fight the cancer.
• Targeted therapy – This treatment utilizes drugs that will attack certain vulnerabilities within the cancer cells. This treatment is not often used for mesothelioma but based on the specific DNA testing of the tumor, may be recommended by your doctor.

DEALING WITH THE SYMPTOMS

A major symptom of mesothelioma is breathlessness. That pressure and shortness of breath can be very distressing. Doctors may recommend medications or oxygen but combining those recommendations with the following alternative methods can result in better results.

These methods include:
1. Acupuncture
2. Breath Training
3. Relaxation Exercises
4. Sitting Near a Fan

WHITESIDE & GOLDBERG, LTD.
Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have a wealth of experience handling cases involving mesothelioma and lung cancer.

They have secured millions of dollars in settlements and awards for those suffering from the effects of asbestos exposure. As a victim of asbestos exposure, you are entitled to receive the best representation possible so that you can live the rest of your life without financial worry.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a construction worker, you are more vulnerable to injury than most workers. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Nursing Homes and COVID-19

Tue, 12 May 2020 20:08:02 GMT

During this unprecedented time, nursing homes are closing their doors to best protect their high-risk residents from COVID-19. As of May 1st, 2020 deaths in these facilities are accounting for 44% of coronavirus related deaths in the state of Illinois. For many family members of these residents, the line can become a bit blurred when trying to file a lawsuit to get compensation for their loved one that has fallen ill from COVID-19 during this time.

W HAT IF YOUR LOVED ONE CONTRACTS COVID-19 IN A LONG-TERM CARE FACILITY?

It is probably very frustrating if you have a loved one that is infected with COVID-19 in a long-term care facility during this time. You can only hope that the care facility you trusted is taking all necessary measures to protect your loved one, but sometimes this can be harder than you think. During disasters such as COVID-19, shortages in necessary PPE, or other supplies may cause these facilities to become overwhelmed and unable to provide the high standards of necessary care that are expected. These predicaments may result in loved ones falling ill in these types of facilities.

Families may feel that “negligence” is to blame, resulting in a civil lawsuit towards the facility in hopes of getting some sort of compensation for the “negligent” acts that may have been committed. However, when supplies are running short, and facilities are understaffed, nursing homes do not want to be held legally responsible for these factors that they cannot control. In response, many nursing homes across the country are pleading for immunity from these civil suits regarding COVID-19. For some states, such as Louisiana, immunity for health care facilities is already put in place in times of natural disasters – these measures are put in place when the governor declares a state of emergency. Other states that have had legal immunity measures approved include Connecticut, Illinois, Massachusetts, Michigan, New Jersey, and New York.

If you have a loved one currently housed a long-term care facility, it might be tempting to try and find a way to go see them. However, in times like this, it is best to stay away until the risk from COVID-19 has diminished. Everyone needs to be doing the best they can to protect these high-risk groups, especially in long-term care facilities where everyone is in such close proximity.

To keep these numbers from growing, the CDC provides several strategies to try to prevent COVID-19 from entering these long-term care facilities, and how to prevent rapid spread if it does.

KEEPING COVID-19 OUT

No visitors (except for critical situations – e.g., end-of-life).
No volunteers, non-essential health care personnel, or consultant services (e.g., barber, hairdresser) should be allowed in.
Implement universal use of source control for everyone in the facility.
Screen essential personnel or anyone else coming into the building for fever and COVID-19 symptoms. Send anyone with symptoms home and allow for flexible sick leave policies.
Cancel all field trips outside the facility.

IDENTIFY INFECTIONS EARLY

Actively screen residents every day for fever and COVID-19 symptoms. If symptoms are apparent, isolate immediately and implement.
Asymptomatic residents may exude other atypical symptoms including, worsening feeling of discomfort or illness, new dizziness, or diarrhea.
If any of the following occur, contact your state or local health department immediately:
Respiratory infection leading to hospitalization or death.
3 or more residents or HCP develops a respiratory infection.
Individuals with suspected or confirmed COVID-19.

PREVENTION

Cancel all gatherings within the facility including communal dining.
Enforce social distancing.
Ensure that all capable residents are wearing a cloth face covering when leaving their room, especially when leaving for essential medical appointments.
Make sure all HCP wear a facemask or cloth face covering while in the facility.
If COVID-19 is confirmed in the facility, all residents should be restricted to their rooms. HCP should be required to wear all recommended Personal Protection Equipment (PPE) for the care of all residents even without symptoms.

PPE includes:

N95 or higher-level respirator (if unavailable, a facemask)
Eye protections
Gloves
Gown

DESIGNATING A COVID-19 CARE UNIT

In order to best protect other residents in long-term care facilities, it is best to create a designated area to care for residents who are confirmed with COVID-19. The CDC has provided these specific considerations to create this designated area:

Determine the location and create a staffing plan before identifying residents HCPs with COVID-19.
Physically separate the unit from other rooms housing residents without COVID-19 (e.g., separate floor or wing).
Assign dedicated HCP to specifically work in this unit, and this unit only.
Place signage at the entrance of the unit that instructs HCP of proper PPE.
If PPE shortages become a problem, create a strategy to optimize the supply on hand.
Assign specific care equipment to the unit, that shall only be used in this specified unit.
Ensure that the equipment is being properly cleaned and disinfected in between residents.

WHITESIDE & GOLDBERG, LTD.

If you believe that your loved one has experienced mistreatment in a nursing home, contact Whiteside & Goldberg, Ltd. to discuss a successful approach to receive proper care and compensation for your family member.

Additionally, if you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time.

Getting Legal Help During COVID-19

Thu, 07 May 2020 20:10:04 GMT

JOINT CUSTODY DURING COVID-19

During these trying times, everyone should be focused on staying at home, and the health of themselves and others around them. However, navigating a joint custody agreement during this time could get a little complicated. Due to COVID-19, the majority of state and family courts are only accepting abuse and endangerment cases . This closure can create a lot of anxiety and confusion when trying to determine how separated parents will deal with their child going back and forth from houses. The majority of states have issued a stay at home order, which entails only going out for essential reasons.

As for Chicago, Governor Pritzker did specify that abiding by a court order would qualify as essential travel , thus allowing for children to move between houses as specified by the custody agreement. Meaning that these court orders should be followed during this time. However, there are probably many concerned parents out there that aren’t comfortable allowing their child to move back and forth from houses as it could pose a risk to the child if the other parent is not abiding by the stay at home order and social distancing. Legally, due to courts being closed, there’s not too much you can do to change the agreement. The best actions to take would be to communicate with your child’s other parent and determine what you both believe would be the best course of action for your child’s safety.

If your child is high-risk, or you believe that the other parent could have been exposed to COVID-19 it could be the best course of action to come up with a temporary alternative plan for the course of the pandemic. If an agreement cannot be made, then resorting to a family law attorney for advice and mediation could be best to determine what is best for the child.

GETTING SICK AT WORK

Most people during COVID-19 have transitioned to working online, but there are still many people out there in the forefront of the pandemic. These people go to work every day being put in a potentially compromising position as they risk being exposed to COVID-19. If you are one of these people, you are probably concerned about what is going to happen if you are exposed to or contract the Coronavirus while on the job.

FAMILY AND MEDICAL LEAVE ACT

Employers who have 50 or more workers for 20 or more weeks of the year are required to follow the federal Family and Medical Leave Act (FMLA) . However, in order to benefit from this act, it requires that the employee has worked for the employer for a minimum of 1 year (12 months) and worked at least 1,240 hours (about 24 hours a week) over the course of the prior year. This act ensures that employees have 12-week job-protected leave for medical reasons. Despite the fact that this act does not require employers to issue paid leave, some employers may offer several weeks anyway, so it is best to talk to your employer to get a better understanding of what you can expect from them. This act also allows you to take up to 26 weeks of FMLA leave to care for a family member who has COVID-19.

WORKERS’ COMPENSATION

Working on the front lines during this pandemic may have you concerned about what you are going to do financially if you end up catching COVID-19 and cannot return to work. If you are in Chicago you might be aware that Governor Pritzker had requested that the Illinois’ Workers’ Compensation Commission pass an emergency rule that would further support frontline workers who are infected with COVID-19 by presuming it was a result of their work duties. This emergency rule expanded workers’ compensation insurance for many groups of workers considered “essential” during the stay-at-home order, and. However, when the rule was passed there was much backlash from many business groups, arguing that the rule would necessitate employers to deal with added medical expenses and salary benefits for an employee who contracted the virus, even if there was no proof that the employee was exposed to the virus at the workplace.

The executive director of the Illinois Nurses Association, however, saw this new rule in a positive light. Many nurses have been experiencing questioning from their employer about where they contracted the virus, even though their workplace is an extremely likely place to be exposed to the virus. However, a judge decided to issue a temporary restraining order to the rule due to a lawsuit filed by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association. Thus, initiating the Illinois’ Workers’ Compensation Commission to repeal the emergency rule.

Despite this emergency rule being retracted, the Illinois Workers’ Occupational Diseases Act may still cover you if you are exposed to COVID-19 at work and are infected.

If you contract COVID-19 at work, Whiteside & Goldberg Ltd. are here to help you get the compensation that you deserve! Contact us at 312-334-6875.

WHITESIDE & GOLDBERG, LTD.

If you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Shelter in Place Law/Legal Consequences in Chicago

Mon, 04 May 2020 20:12:12 GMT

Many of you probably have not left your house in days as many states have ordered a “shelter in place” order due to COVID-19. As of April 20th, 2020, 42 states had implemented a statewide order , and 3 (Utah, Wyoming, and Oklahoma) have orders in parts of the state. Leaving North Dakota, South Dakota, Nebraska, Iowa, and Arkansas with no implemented stay at home order. When stay at home orders were first implemented, many people took it as a complete “lockdown”, however it is far from that.

As far as Chicago , the stay at home order was announced on March 20th, and put into effect Match 21st at 5 p.m. For the duration of Illinois’ stay at home order, residents will be required to stay at their place of residence, unless it is for essential activities (listed below).

Update: Pitzker has announced an extension for the stay at home order through May 30th, with modifications. These modifications allow for elective surgeries to resume, stores not on the “essential” list to take orders online or over the phone and offer pick-up and delivery, and a phased reopening of some state parks.

However, starting May 1st, any person over two years of age, and able to medically withstand a face mask will be required to wear one when they can’t maintain the six-feet social distancing requirement.

Here is what you can (and cannot) do during the stay-at-home order:

What Is Still Open?

Emergency City services
Healthcare facilities
Grocery stores, and other stores selling groceries and medicine
Laundry services
Restaurants (Take-out and delivery only)
Gas stations and other business essential for transportation (including bike shops)
Day care centers for employees exempted by the order (only those granted emergency license)
Transportation
Financial Institutions
Hardware and supply stores
Critical trades
Mail services
Educational institutions (implementing six-feet distancing)
Business with supplies needed to work from home
Businesses with supplies for essential business and operations
Home-based care and services
Residential facilities and shelters
Professional services (legal, accounting, insurance, etc.)
Manufacture, distribution, and supply chain for critical products and industries
Critical labor union functions
Hotels and motels
Funeral services

WHAT YOU CAN DO

Attend religious services (no more than 10 people)
Go to the city’s public parks and outdoor recreation areas (except playgrounds)
Other outdoor activities (as long as social distancing protocol is followed)
Essential activities travel
Take care of elderly, minors, dependents, persons with disabilities, or other vulnerable people.
Travel to/from educational institutions to obtain learning material, meals, or related services
Travel required by law or court order (ex. Transport children due to custody agreement)
Non-residents can travel to return to out of state residence

WHAT YOU CANNOT DO

Go to the Lakefront Trail and any other nearby parks, beaches or paths, the Chicago Riverwalk, and Bloomingdale Trail.
Go to the library
Conduct or attend any public or private gathering of any number of people outside a single household (except as permitted by the Executive Order)
Attend places of public amusement such as, amusement parks, carnivals, water parks, aquariums, zoos, bowling alleys, concert venues, and related facilities.
Travel for any nonessential reason

As time goes on, and we are stuck inside for longer and longer, with no real end in sight to return to normalcy, people are beginning to get antsy, and want to get back to their normal everyday life.

This poses the question:

CAN THE GOVERNMENT RESTRICT MY RIGHT TO ASSOCIATE, ASSEMBLE AND TRAVEL?

As for state and local governments, yes. Per the Tenth Amendment, State and local officials have police powers , which allow them to institute actions in order to maintain public health . Thus, these actions would include, the institution of curfews, quarantines, inspection laws, limitation of gatherings, the ban of people and traffic from the street, ration or price controls on goods, and suspending alcohol consumption. In order to prevent abuse of this power, some restrictions were put in place. First, a health officer will make public health enforcement decisions, if an individual is detained, they have the right to a hearing to determine if confinement is appropriate, and lastly, the power cannot be used for punishment or any other purpose besides public health.

Additionally, as for the federal level, Section 361 of the Public Health Service Act (PHSA), allows the FDA to instill practices to control communicable diseases which includes, detention/conditional release of individuals in order to prevent the introduction, transmission, or spread of communicable diseases. Also allows for the “Application of regulations to persons entering from foreign countries” and “Apprehension and examination of persons reasonably believed to be infected”.

However, if this were to progress into a discriminatory action , where the order would only be imposed on Asian-Americans, then it would be classified unconstitutional.

LAWSUIT IN CHICAGO

On April 23, 2020 Governor Pritzker of Chicago extended the stay at home order that was set to expire on May 1st through May 30th with modifications. This next phase would allow elective surgeries to resume, businesses not on the essential list to take orders over phone and allow pick-up and delivery, and a phased re-opening of some state parks. However, the same day State Rep. Darren Bailey of Xenia filed a lawsuit the same day. This lawsuit claimed that Pritzker was overextending his power by extending the order, after the original order expired on April 9th. A court judge then blocked the extension of the stay at home order by issuing a temporary restraining order – only applying to Bailey. Pritzker has agreed to appeal the case.

WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Workers’ Compensation for COVID-19 First Responders in Illinois

Tue, 14 Apr 2020 20:13:44 GMT

Amidst the battle against coronavirus or COVID-19, the Illinois government has recently stepped up to protect the most vulnerable front-line, essential workers. As of April 13th, 2020, J.B. Pritzker, the governor of Illinois made an emergency amendment to the workers’ compensation rules in Illinois for the next 150 days. This article will break down the emergency amendment, discuss what legal recourse essential workers will have if they contract COVID-19 during this state of emergency, as well as explain who is considered a “front-line worker”.

W HO IS CONSIDERED A “FRONT-LINE”, “COVID-19 FIRST RESPONDER” OR “ESSENTIAL” WORKER?

This new emergency amendment considers Front-Line, COVID-19 First Responder essential workers as any individual employed as police, fire personnel, emergency medical technicians, or paramedics. In addition to these first responders, the new amendment also recognizes health care providers engaged in patient care, correction officers and the following crucial personnel as front-line workers:

Stores that sell groceries and medicine
Food, beverage, and cannabis production and agriculture
Organizations that provide charitable and social services
Gas stations and transportation businesses
Financial institutions
Hardware and supply stores
Critical trades
Mail, post, shipping, logistics, delivery, and pick-up services
Educational institutions
Laundry services
Restaurants for consumption off-premises
Residential facilities and shelters
Supplies to work from home
Supplies for essential businesses and operations
Home-based care and services
Professional services
Day care centers for employees exempted by Executive Order 2020-10
Manufacture, distribution, and supply chain for crucial products and industries
Critical labor union functions
Hotels and motels
Funeral services

As you can see, the list of essential workers that will be covered by this new emergency amendment is extensive. As COVID-19 spreads over the next 150 days, any essential workers who contract COVID-19, will be eligible for workers’ compensation under this new rule. Keep reading for more details on what this means for essential workers.

WHAT IF ESSENTIAL WORKERS ARE DIAGNOSED WITH COVID-19?

This new amendment put into place on April 13th states, “In any proceeding before the Commission where the petitioner is a COVID-19 First Responder or Front-Line Worker, if the petitioner’s injury or period of incapacity resulted from exposure to the COVID-19 virus during a COVID-19-related state of emergency, the exposure will be rebuttably presumed to have arisen out of and in the course of the petitioner’s COVID-19 First Responder or Front-Line Worker employment and, further, will be rebuttably presumed to be casually connected to the hazards or exposures of the petitioner’s COVID-19 First Responder or Front-Line Worker employment.”

This means that if you are a front-line worker as defined in the list above and you are diagnosed with COVID-19, it will be legally presumed that you contracted the virus due to your job as an essential worker. Under this emergency amendment, essential workers will be afforded the full protections of the Workers’ Compensation Act in the event they are exposed to or contract the virus.

WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Everything You Need to Know About Asbestos & Mesothelioma Lawsuits

Tue, 24 Mar 2020 20:15:19 GMT

Asbestos is a toxic mineral commonly used in many consumer products due to its strength and insulation properties. It wasn’t until the late 1980’s that the health concerns of using asbestos in consumer products were brought up. Asbestos can cause great harm to people and often results in mesothelioma, an entirely preventable form of cancer caused by inhaling asbestos. Many companies that produce products using asbestos were aware of the potential dangers and didn’t warm employees or end users. If you were diagnosed with mesothelioma , you may have a right to file a personal injury lawsuit. Even if you aren’t sick it’s a good idea to learn about asbestos and mesothelioma so that you can stay healthy. Even though the government has stepped in to regulate the use of asbestos, asbestos-related lawsuits are still filed frequently.

W HAT IS ASBESTOS?

Asbestos is a durable, fibrous toxic mineral that can end up deposited in your lungs when inhaled. Over time, this build-up of toxic dust in your lungs can lead to serious illness, including asbestosis. Asbestosis is a chronic lung condition that is caused by prolonged exposure to high levels of asbestos fibers in the air. In most cases, the exposure took place before the 1970s, prior to government regulation, but some construction workers can still be at risk. Symptoms of asbestosis include:

Shortness of breath
Persistent, dry cough
Chest tightness
Chest pain
Loss of appetite

Since asbestos is considered dangerous and toxic, it’s important to know how to identify asbestos. Where should you look? How will you recognize it? Well, asbestos is usually infused into products and it’s not easy to tell by just looking with the naked eye. Here are some examples of products that could contain asbestos:

Roofing felt & coatings
Insulation systems
Vinyl floor tiles and backing on vinyl sheet flooring
Pipeline wrapping (hot water and steam)
Heat-resistant fabrics
Cement products including shingles
Brake pads and other car parts

WHO IS AT RISK?

The most common people at risk are construction workers and other manual labor workers surrounded by asbestos dust such as: construction workers, building renovators, demolition workers, brake repair, asbestos miners, drywall removers, insulation workers, firefighters, etc. When working in an environment that exposes you to toxic minerals can lead to occupational exposure of asbestos. Like mentioned earlier, illnesses related to asbestos usually require repeat exposure. Most people will be exposed to asbestos at some point in their lives without developing serious illnesses. The amount of asbestos that a person is exposed to will vary based on:

The concentration of fibers in the air
Duration
Breathing rate
Weather
Protection

If you were exposed to asbestos and diagnosed with an asbestos related illness such as asbestosis or mesothelioma, you can file a lawsuit against your employer.

MESOTHELIOMA

Mesothelioma is the most dangerous form of illness caused by asbestos. There is no cure for mesothelioma as it can’t be removed due to its presence in hard to reach places such as the lining in the lungs, abdomen and/or heart. Most mesothelioma patients are treated with pain management and breathing assistance. Mesothelioma is a very rare form of cancer, yet approximately 3,000 new cases are presented each year. In many cases, the actual exposure to asbestos that caused the cancer took place decades ago and by the time the person is diagnosed, the cancer has already reached an advanced stage.

Therefore, it’s important to know the signs and symptoms of mesothelioma. Symptoms may include:

Coughing
Chest pain
Difficulty breathing
Abdominal pain, bloating, or lumps
Fatigue
Unexplained weight loss

Mesothelioma and other asbestos-related illness symptoms can take many many years to develop. If you are experiencing any of the above symptoms, seek medical attention right away. Once you have been diagnosed with an asbestos-related illness, you have two years from the date of the diagnosis to file a personal injury claim in the state of Illinois.

FILING A CLAIM

Although asbestos exposure has been an acknowledged occupational hazard for almost a century, exposure to asbestos continues to be especially wide scale among manufacturers, builders and other industries. If you have been diagnosed with mesothelioma or lung cancer, the first thing to do is to hire an experienced personal injury lawyer to help you recover damages. As mentioned earlier, mesothelioma is a life-long, irreversible illness with no cure. You deserve compensation for the damages that you will have to endure for the rest of your life. Even if you don’t know where exactly your asbestos exposure took place, a good lawyer will be able to help you determine which companies to file a claim against. Don’t delay, take action right away.

WHITESIDE & GOLDBERG, LTD.

Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have a wealth of experience handling cases involving mesothelioma and lung cancer. They and have secured millions of dollars in settlements and awards for those suffering from the effects of asbestos exposure. As a victim of asbestos exposure, you are entitled to receive the best representation possible so that you can live the rest of your life without financial worry.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a construction worker, you are more vulnerable to injury than most workers. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Chicago Workers’ Compensation Explained

Tue, 10 Mar 2020 20:30:58 GMT

If you are an employee in Illinois, you need to know about workers’ compensation. An injury at work can wreak havoc on your health, career, and finances. According to the Illinois Workers’ Compensation Act , all employers are required by law to have workers’ compensation insurance, regardless of number of employees. It is put in place to compensate injured employees and help them get back to work as soon as possible. So, what are the types of benefits and what injuries qualify? The worker’s compensation system can get complicated and there are a lot of things you should know as an employee. Keep reading to learn more about your rights.

W HAT IS COVERED BY WORKERS’ COMPENSATION?

Workers’ compensation is a type of insurance that employers are required to carry so that they can compensate employees if they are injured on the job. It’s designed the cover medical costs and lost wages. It is not a tort, so you are not actually suing your employer when you file a worker’s comp claim. Some examples of expenses covered include:

medical care from the injury or illness
replacement income
costs for retraining
compensation for any permanent injuries
benefits to survivors of workers who are killed on the job

The type of injuries that are covered by workers’ compensation are injuries that can be linked in some way to an employment requirement or condition. This includes tasks that are part of your everyday job description or things that your employer asks you to do. This doesn’t mean the injury has to happen at your workplace. The injury can take place anywhere as long as you were doing something required for your occupation. For example, if you attend an official company dinner and are injured at the restaurant, you would be covered since it was a work-related event. Even if it was your fault or carelessness that led to injury, you would still be covered. Unlike most personal injury cases, you don’t have to prove fault in order to receive benefits.

TYPES OF BENEFITS

There are several different benefit categories available to those injured on the job in Illinois. It depends mostly on the severity of your injury and the time needed to recover. We will focus on the most common forms: TPD, TTD and PPD.

TEMPORARY PARTIAL DISABILITY (TPD)

This kind of benefit program is a way to compensate for some of what you would earn each week until you can return to work. The amount that you will receive is dependent on your income from the past 52 weeks prior to injury. If you work part-time or have a fluctuating income, your TPD will be calculated based on two-thirds of the difference between what you received prior to injury and what you are currently receiving. If you work a full-time, steady job, your TPD benefits are calculated as two-thirds of your average gross weekly earnings. As of July 15, 2017, the maximum benefit is $1,440.60 per week. This cap only kicks in if your annual salary is around $110,000 or more. In order to receive TPD, you must have a written note from your doctor that states that you are either unable to work at all or can work with some restrictions. You are eligible to receive TPD until your doctor states that you have reached your maximum medical improvement (MMI) level. At this point, your doctor is considering you healed or recovered as much as possible.

TEMPORARY TOTAL DISABILITY (TTD)

In this case, your doctor says you are unable to work or the restrictions set are not feasible by your employer. If you are not able to return to your job for an extended period of time, then you are probably eligible to TTD. These benefits don’t start until your fourth day of being injured unless you will be unable to work for at least two weeks. TTD benefits are calculated as two-thirds of your weekly pay plus an extra 10% for your spouse and 10% for each child, if applicable.

PERMANENT PARTIAL DISABILITY (PPD) BENEFITS

You may be eligible to permanent partial disability benefits if your doctor finds that you have a permanent partial disability. The compensation can be in the form of: scheduled losses, unscheduled losses, disfigurement benefits, and wage differential benefits.

ADDITIONAL BENEFITS

Illinois workers’ compensation can also include other benefits such as:

Medical benefits
Mileage reimbursement
Vocational rehabilitation
Maintenance benefit
Survivors benefit
Funeral expenses

WHITESIDE & GOLDBERG, LTD.

As you can see, workers’ compensation only covers a portion of lost wages. There are other aspects of your injury and suffering that are not compensated through a workers’ comp claim. In some cases, you may be able to file a lawsuit for pain and suffering and other losses. Additionally, just because you submit a claim doesn’t mean your employer will accept it. If you’ve been injured on the job and your employer disputes your workers’ comp claim, you likely need legal help. Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have extensive knowledge of Illinois workers’ compensation law. In fact, one of their specialties is working with those injured on the job.

As an employee in Illinois, you are entitled to receive the best representation possible so that you can recover from your injuries without financial worry. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Car Insurance Claims After an Accident in Illinois

Tue, 03 Mar 2020 21:32:33 GMT

If you’ve been injured in an accident, insurance claims may be the last thing on your mind. However, it is in your best interest to file an insurance accident claim as soon as possible. Illinois requires all drivers to have a minimum of $20,000 coverage for bodily injury liability and $15,000 coverage for property damage. In Illinois, there is a “fault” system used to determine financial responsibility for an accident. Insurance is a necessity so that the person responsible for an accident can compensate anyone who was injured or whose property was damaged. In this blog post, you will learn everything you need to know about filing an insurance claim after a car accident in Illinois.

F IRST PARTY VS. THIRD PARTY CLAIMS

Filing a claim with an insurance company is the first step on the road towards compensation. But, how do you know if you need to file with your insurance company or a third party? A claim that you file with your own insurance company is called a “first party” claim. In this case, your compensation is dependent on what you have covered in your automobile insurance policy with the company. An example of this would be if you were in an accident that was clearly your fault. Another example would be if your property was damaged by a natural disaster. A claim that you file with another person’s insurance company is called a “third party” claim. The most common type of third party claim is a liability claim. For example, if you cause an accident and injure someone in the passenger seat of another car, the passenger can be a third party filing a claim against your insurance.

FILING A CLAIM

Once you know if you are filing a first-party or third-party claim, you’ll want to contact the respective insurance company within 24 hours. At this point, it is recommended that you work with a personal injury attorney who can speak to insurance companies on your behalf. You don’t want to accidentally admit fault or offer extra information that could negatively affect your settlement. You’ll also want to make sure you understand exactly what your insurance policy covers before speaking with the insurance company. Again, a personal injury attorney can make this process smoother for accident victims. Once all information is provided about the accident and injuries sustained, the insurance company will open an investigation.

At this point, you might be asked to provide even more details about the scene of the accident, possible witnesses, and more. The insurance company will also probably ask you to receive an independent medical evaluation (IME) . Once the investigation is complete and they have all the details required, they will issue a settlement check. If you’ve made it this far without a lawyer, this is the point where you should definitely consider consulting with one. There is a good chance that the insurance company is offering lower than you deserve. It can be hard to know the value of your claim and it’s often tempting to accept whatever is offered. A good attorney can help you negotiate the claim and maximize your compensation.

CAN YOU SUE YOUR INSURANCE COMPANY?

It may seem like what you can receive from your insurance company is perfectly laid out in your contract, but that’s not always reflected in the settlement. Sometimes, insurance companies don’t pay out everything that is required by law. This is considered bad faith insurance practices. Below are some examples of an insurance company acting in bad faith:

Denying or delaying compensation without reason
Failing to acknowledge or reply promptly
Misrepresenting a material fact or policy provision relating to coverage
Attempting to settle a claim for an unreasonably low amount
Failing to perform a proper investigation
Requiring unnecessarily cumbersome documentation to process a claim
Failing to inform the insured of the appeals process
Using inappropriate investigation methods
Failing to provide a reasonable explanation for a denied or underpaid claim

A person may bring suit against an insurer who has caused him or her actual damages by engaging in unfair or deceptive acts or practice. One of the best ways to avoid insurance companies acting in bad faith is to work alongside a car accident lawyer.

WHITESIDE & GOLDBERG, LTD.

Being involved in a car accident can be emotionally and physically stressful. You probably wish that the insurance companies could just figure everything out for you. However, not being actively involved in your claim from the start can affect your compensation. Luckily, consulting with a personal injury attorney can help you understand your situation and what options are available. A good attorney will communicate with insurance companies on your behalf and negotiate for full compensation for your damages.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on handling insurance claims after a car accident, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a product liability case without a dedicated attorney by your side.

Everything You Need to Know About Medical Malpractice Claims in Chicago

Tue, 25 Feb 2020 21:34:12 GMT

Studies show that over 250,000 people die each year as a result of medical malpractice. In addition, 1.5 million people suffer medical injuries that could have been prevented. There are a variety of situations that can create grounds for a medical malpractice claim. A medical malpractice claim is defined as negligence committed by a medical professional. While many accidents occur in hospitals and in the practice of medicine in general, some of them could have been avoided. Medical malpractice can range from improper diagnosis to life threatening surgical errors.

W HAT IS A MEDICAL MALPRACTICE CLAIM?

In order to have a legitimate claim, there must be: a breach of duty owed to someone, a breach of that duty, and the breach of duty must have resulted in harm or damage. Medical malpractice claims are usually filed by patients who have been harmed or injured due to poor medical treatment. Below are some examples of situations and errors that could lead to medical malpractice claims:

MEDICATION ERROR

This can include the wrong prescription, inaccurate dosage, and/or prescribing multiple medications with hazardous interactions. Medication errors can lead to serious complications and is often a clear instance of medical malpractice.

SURGICAL ERROR

Surgical errors can happen in a variety of ways. It can be a surgeon not adequately performing a procedure according to accepted standards, acting carelessly, unnecessarily causing injury, etc.

SUBSEQUENT INFECTIONS, INJURIES, ETC.

This can be any infections or injuries sustained while under a doctor’s supervision/care.

FAILURE TO DIAGNOSE

This is one of the most common issues of medical malpractice. When a disease or injury goes undiagnosed, it can lead to major complications and/or fatality in the future.

MISDIAGNOSIS

Similar to failure to diagnose, misdiagnosis can be a completely inaccurate diagnosis as well a late one. This can lead to a handful of issues including harmful treatments and medications along with not appropriately treating the real problem.

NEGLIGENT SUPERVISION

This claim involves neglecting to supervise patients that are under a hospital’s care.

DELAYED TREATMENT

Delayed treatment is when a care provider knowingly delays a treatment that should have been done sooner. When delayed treatment leads to more complications, the patient could have a right to file for medical malpractice.

FAILURE TO OBTAIN INFORMED CONSENT

This happens when doctors fail to explain the benefits, risks and alternatives of a procedure prior to administering any kind of treatment. When the patient can prove that there was a lack of informed consent and the patient suffers complications, this can be clear grounds for medical malpractice.

IMPROPER/INSUFFICIENT TRAINING

This type of claim can occur when medical complications or injuries happen because doctors, staff, surgeons, etc. are improperly trained/certified.

BIRTH INJURIES

Complications that take place during birth due to carelessness or mistakes that result in permanent injury or mother can be a huge sign of medical malpractice.

EQUIPMENT FAILURES

Failure to maintain or operate equipment properly can lead to life threatening injuries. When injury or death occur due to equipment failures, this can be clear grounds for a medical malpractice claim.

INADEQUATE FOLLOW-UP TREATMENT

For many procedures and diagnoses, follow-up care can be extremely important. Failing to monitor or follow-up with patients can lead to serious consequences.

LACK OF COMMUNICATION

In most cases, patients are treated by a variety of doctors, nurses, surgeons, etc. It is the responsibility of your care providers to communicate efficiently and effectively about your medical care. A medical malpractice case can be sought if important information fails to be communicated and it results in harm to the patient.

MEDICAL MALPRACTICE LAWSUITS

Majority of medical malpractice claims are settled before they reach the courtroom. Often times when the hospital can see that they are in the wrong, they will settle in favor of the patient. However, more than half of medical malpractice cases end up getting dismissed by the hospital. There is often a conflict of interest as most of the proof necessary to win the case, is in the hands of the doctors and hospitals involved. This is why it’s important to contact a personal injury attorney as soon as possible so that evidence is still fresh and attainable.

STATUTE OF LIMITATIONS

While we like to assume most doctors and health professionals put their patient’s best interests first, it’s not always the case. In Illinois, a patient has up to two years from the date that they knew of should have known of the injury to file a claim. Successfully proving a medical malpractice claim can be very complex and requires the help of an experience personal injury attorney. Talking with a medical malpractice attorney about the viability of your case is always the best place to start. In Chicago, medical malpractice cases are taken very seriously and should be handled with extreme care. If you feel like you or a loved one has suffered injury or loss due to a medical professional’s lack of or inadequate care, call Whiteside & Goldberg, Ltd.

WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg, Ltd. has successfully worked on numerous Illinois medical malpractice cases. They know that there are many tricky scenarios that can lead to a medical malpractice case. You can get a sense of your legal position by taking advantage of their free consultation . Your current finances should not deter you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.

How to Choose a Personal Injury Lawyer

Tue, 18 Feb 2020 21:36:44 GMT

Across the country, all kinds of accidents happen every single day. Whether it’s a car accident, a slip and fall or a wrongful death, unfortunate incidents happen all too often that require the help of a personal injury lawyer. When you have been the victim of an accident, there are many factors to consider when choosing the lawyer that you want to have by your side through it all. You’ll first need to know when to hire an attorney, and then you’ll want to consider where to find one, experience, cost, what questions to ask, etc. Keep reading to learn the basics about how to choose the best personal injury attorney for your needs.

W HEN TO HIRE A PERSONAL INJURY LAWYER

If you have been involved in an accident or sustained injuries, minor or major, due to someone else’s negligence, you should consider hiring a personal injury attorney. A good attorney should be able to help you get maximum compensation for your pain and suffering while taking a lot of stress off your shoulders. It’s always best to speak with a lawyer as soon as possible. In Illinois, you only have two years to file a personal injury claim due to the statute of limitations . In addition, it’s best to contact a lawyer immediately so that the evidence is still readily available, memories are fresh, witnesses are easier to contact, etc. Not to mention, the sooner you file your claim, the sooner you can receive compensation.

WHERE TO FIND A QUALIFIED LAWYER

The most popular way to find a qualified lawyer is through friend and family recommendations. Chances are your friends and family will be able to connect you to an attorney that they have used in the past. However, this doesn’t always mean the attorney will be the best fit for you and your case. Keep reading to learn the questions that you can ask to help make a final decision.

Another common way that people find lawyers is through the Internet. Simply search for the type of lawyer, case, and location to narrow down the search results. Nowadays, majority of law firms have an internet presence that can make it easy for potential clients to scan practice areas, attorney profiles, results, blog posts, etc. Firstly, it’s important to make sure that any firms you are looking at specialize in the necessary practice of law. For example, if you were involved in a car accident, make sure that the law firm’s website mentions car accident cases. Further, find some reviews, testimonials, or results to validate any claims.

DOES EXPERIENCE MATTER?

In short, yes experience does matter. There are so many ways that accidents can happen, and each situation is unique. Therefore, it’s not safe to assume that anyone with the title “personal injury lawyer” will best represent you. You have to dig deeper and find out how much experience they have working with cases like yours. You want to be sure that the attorney you choose will be able to understand your case and injuries and dedicate the necessary resources. Here are some questions that you can ask to determine experience level:

How many years have you been practicing personal injury law?
Can you tell me what results you have obtained for cases like mine?
How many cases like mine have you seen/represented?
Do you try lawsuits in court or do you settle out of court and/or refer to other lawyers?

QUESTIONS TO ASK YOUR POTENTIAL LAWYER

In addition to the experience related questions above, there are many other questions that you should consider asking. Usually, the best time to ask these questions is during your initial consultation . Most law firms offer free consultations during which they meet with you to decide if they will take your case.

However, it’s more than just their decision to take your case. It’s also your time to decide if the lawyer in question will be the best fit for your needs. Feel free to ask as many questions as you need, but we recommend writing down the most important questions ahead of time. Here is a list of questions to consider asking a potential personal injury lawyer:

What is the best way to stay in communication?
How often can I expect updates on my case?
Who will I be primarily working with? Who else will be involved in my case?
What outside resources/experts do you have available to help?
Is there anything I can do to help?
What is the potential value of my case?
How will the costs incurred be handled?

There are endless questions that could be asked during the initial consultation. Take the time to think about what matters to you most and make sure you address those items before making a decision.

WHITESIDE & GOLDBERG, LTD.

At Whiteside & Goldberg we understand it can be difficult to choose a lawyer and we respect that you have options. We offer a broad range of law services with experience and results to back our claims. With over $60,000,000 recovered for our clients, we work hard to get you the compensation that you deserve. We always offer a free initial consultation so that we can take the time to fully understand your case, and you can ask us any questions. Additionally, we do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on product liability lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a product liability case without a dedicated attorney by your side.

What to Do After a Hit and Run in Chicago

Tue, 11 Feb 2020 21:39:50 GMT

A “hit and run” accident can mean a variety of things ranging from hitting a car in the parking lot to running a red light and hitting a pedestrian. Either way, a hit and run accident is when someone causes an incident and then leaves the scene. Committing a hit and run can be a very complicated crime especially if you don’t know who did it, but it is punishable by law. In this blog post, you will learn the definition of a “hit and run” accident, the consequences, and what you should do if you are involved.

H IT AND RUN DEFINED

A hit and run accident is more than just being involved in the accident itself. The actual crime committed is the act of leaving the scene without identifying yourself. Usually, it doesn’t matter if you caused the accident or not, not staying at the scene of the accident immediately after is a crime. Generally, everyone involved in an accident must stay at the scene until the police arrive and help get any necessary medical attention to those in need. According to FindLaw , the procedures that should be taken immediately after an accident depend on whether the accident:

Only caused damage to property (ex. hitting a parked car)
Resulted in injuries to others
Resulted in a fatality

The best practices after any car accident are to:

Check on all drivers and passengers, providing any medical care that you can.
Call the police
Exchange information (driver’s license, proof of insurance, contact info, etc.)
Identify and witnesses that can verify facts of the accident

However, if you find yourself in a hit and run situation, there are some more tips that can be employed immediately after the accident to ultimately strengthen your case:

Take a picture of the vehicle that hit you, license plate included if possible
If you can’t take a picture, try and remember as much about the vehicle/license plate as you can and write it down when possible. For example, what color was the vehicle? Was it a truck or sedan? Do you know what state the license plate was?

It can be difficult to think about these things right after an accident, but it can make all the difference in a hit and run lawsuit.

CRIMINAL CHARGES IN ILLINOIS

Hit and run charges can vary from state to state, but most states classify the penalties for a hit and run as either felonies or misdemeanors depending on the circumstances. Generally, in Illinois, the charges can be categorized as:

Failure to return to an accident scene- if a person flees a scene and returns within half an hour, they could face penalties ranging from a $25,000 fine to up to 3 years in jail, depending on the circumstances.
Failure to report an accident- if a person knowingly causes an accident and doesn’t report it to the police, the punishment can range from a $2,500 fine to up to 1 year in jail.
Accidents that cause death or bodily injury- when a hit and run accidents, results in death is it considered a felony. The consequences for not providing medical assistance to an injured person are 1-3 years in jail. Along with that, leaving the scene where someone has died can result in 5 years in prison.
Accidents that cause property damage- when a person causes property damage that didn’t actually harm anyone, it is still a crime to leave the scene without identifying yourself. This kind of crime can result in fines along with a suspended license.

In addition to these criminal penalties, you can also expect suspension or revocation of your driver’s license. Clearly, leaving the scene of an accident is a big deal and can land you in a lot of trouble. However, every case is different and there are reasons as to why a person might need to leave an accident immediately after. At this point, you may be wondering what to do if you were the victim of an accident and the person who caused it can’t be found? Keep reading to learn more.

HIT AND RUN LAWSUITS

As mentioned above, it is possible that the person who caused the accident won’t be found. In this unfortunate case, the best option is usually to file a claim against your own insurance company. Instead of bringing a claim against the responsible driver, you will take advantage of your uninsured motorist (UIM) coverage. Your insurance company will only be able to compensate you up to the amount of coverage that you have purchased. The compensation recovered from your uninsured motorist claim can be used to cover any lost wages, damages to your vehicle, medical bills, etc. That’s why it’s important to work with an experienced hit and run attorney that can assess all options and get you the most compensation for your injuries and suffering.

WHITESIDE & GOLDBERG, LTD.

Remember, the first thing you should do after any car accident is call the police and an ambulance, even if the people involved feel fine. Provide as much medical care as you can and always stay on the scene until help arrives. If you find yourself in a potential hit and run situation, remember to take pictures or write down as many details as you can about who caused the accident and how.

Along with receiving prompt medical care, it is important to contact a knowledgeable hit and run accident attorney. In Illinois, hit and run accidents are taken very seriously and carry heavy penalties. Whiteside and Goldberg, Ltd. has successfully worked on numerous Illinois hit and run accident cases. They know that there are many different scenarios that can lead to a hit and run collision. It is of the upmost importance to get to the bottom of who or what actually caused the accident to help victims of hit and run accidents get the compensation that they deserve.

You can get a sense of your legal position by taking advantage of their free consultation . Your current finances should not deter you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.

Most Common Bicycle Accidents & Prevention Techniques

Tue, 04 Feb 2020 21:43:16 GMT

Bicycling is an increasingly popular form of transportation and exercise, especially in a big city like Chicago. Many people ride their bikes for fun or to relieve stress, but that doesn’t mean it’s always the safest option. According to the National Highway Traffic Safety Administration , 857 bicyclists were killed in traffic crashes in the U.S. in 2018. As you can imagine, when a bicyclist collides with a moving vehicle, it is almost always the bicyclist that is in the most danger. Whether you are the one driving the vehicle or riding the bike, it’s important to know your rights and ways to prevent accidents before they happen. Keep reading to learn about the most common bicycle accidents along with the best prevention techniques and safety tips.

C OMMON BICYCLE/VEHICLE ACCIDENTS

The most common bicycle accidents actually involve simply falling off your bike. But, the most serious accidents involve collisions with motor vehicles. This is what we are going to focus on in this article. Below are some common scenarios in which bicyclists and motorists collide:

Intersections- intersections can be a tricky spot for both drivers and riders. Some riders fail to stop at designated stop signs and often times drivers aren’t used to looking for bikers. Remember that bicyclists should obey all traffic lights and signs just as cars should.
Sideswipes- this often happens when cars unintentionally get too close to bicyclists in the bike lane.
Dooring- when a driver or passenger opens their door without looking, bicyclists often can’t stop in time to avoid running into the door.
Left Turns- cars sometimes take left turns across intersections without looking for bikes about to ride across the crosswalk. Bicyclists can also make unexpected left turns and get struck by the vehicle driving behind them.
Right Turns- this happens when a car turns right and cuts off the bike lane in front of or into a bicyclist. It’s especially important to look for bicyclists when turning right at a red light.
Driveways- vehicles and bicycles pulling out of driveways or alleys can often drive right into oncoming traffic if they’re not careful.
Riding Towards Oncoming Traffic- this is when bicyclists are riding towards oncoming traffic. It is always recommended to ride with traffic not against it.
Crosswalks- especially when sidewalks turn into crosswalks, bicyclists can easily ride into oncoming traffic without looking. It’s also up to the vehicle operator to look both ways for pedestrians and bicyclists.

As you can see, most of the accidents described above could be easily prevented if both driver and rider increased alertness on the road. Making an effort to look both ways at intersections and crosswalks can make a huge difference. In addition, there are more advanced prevention techniques that can be employed.

PREVENTION TECHNIQUES

There are many ways to prevent bicycle accident deaths and injuries. Firstly, it’s important to remember that all states require bike riders to follow the same rules of the road as any other driver. Anytime you question what you should do when riding a bike, just think about what you would do if you were driving a car.

According to the NHTSA, most bicycle deaths occur between 6pm and 9pm, with 75% taking place in urban areas. Let’s start with some of the most basic, yet important, tips that you have probably already heard.

Always wear a helmet- according to a major Australian study , helmets have been shown to reduce the risk of serious head injury by almost 70%.
Look both ways before crossing any street or intersection
Wear reflective gear
Obey street signs and signals

Along with these popular tips, the NHTSA also recommends more advanced prevention techniques for bicyclists:

Wear a helmet that fits properly.
Ride a bike that fits you and is in good working condition.
Ride one per seat with both hands on the handlebars.
Plan your route ahead of time.
No texting and riding.
Announce your presence when coming up behind pedestrians- verbally or by ringing a bell

Even if you are not a bicyclist, there are some tips for drivers to share the road safely:

Always yield to bicyclists.
Never underestimate a bicyclist’s speed.
Give bicyclists room.
Stop completely and look both ways at intersections and before turning right on red.
Obey the speed limit and all traffic signals.

Clearly, there are endless ways that bicycle accidents can happen, and each accident is unique. Bicycle-vehicle accidents can result in devastating injuries that can cause short-term and long-term negative impacts on your life. Receiving prompt medical attention is always the first step after a bicycle accident. Secondly, you should consult a personal injury attorney to get the advice and assistance that you may need.

WHITESIDE & GOLDBERG, LTD.

Riding a bike around the city can be an enjoyable and positive experience for all ages. But, even if you do follow all of the advice in this article, it is still very possible to find yourself in a bicycle-vehicle accident. Proving fault in a bicycle accident case may sound simple, but it is often a complex matter that requires the diligent work of an experienced law firm. Contact WG Law Group if you or a loved one are a victim of a bicycle-vehicle accident in the Chicago area.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a pedestrian accident case without an excellent attorney by your side.

How to Prevent Construction Site Injuries

Tue, 28 Jan 2020 21:44:53 GMT

Chicago is one of many cities that relies heavily on skilled construction workers to expand its infrastructure. Working in the construction industry in Illinois means that workplace injuries are a real concern every day you go to work. According to OSHA , “Out of 4,674 worker fatalities in private industry in calendar year 2017, 971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction.” Being injured on the job at least once, no matter the severity, throughout your constructor career is usually inevitable. But what do you do when you slip and fall or get injured by heavy machinery and it’s not your fault? There may be lots of uncertainty and stress if you are unable to work, especially if you are the sole earner for your family. Luckily, there are things you can do to not only protect yourself on the job, but also to legally protect yourself after the injury. In order to get the most compensation for your injuries, it’s in your best interest to be knowledgeable about your rights and best courses of action after an injury.

C ONSTRUCTION’S “FATAL FOUR”

The Occupational Health and Safety Administration (OSHA) keeps a close eye on work-related injuries, especially when it comes to construction workers. According to OSHA, there are four main causes of construction worker injuries deemed the “ Fatal Four .” These consist of:

Falls
Struck by an object
Electrocutions
Caught-in/between

OSHA claims that just by eliminating these fatal four, the lives of 582 workers in America would be saved every year. Clearly, this is a very important topic and many construction workers would benefit from some preventative measures, whether it be things they can do or things their employers can do.

PREVENTING CONSTRUCTION ACCIDENTS

According to a survey of American workers, construction workers are 27% more likely than other industries to worry about getting injured because of their job on a daily basis. A construction industry Site Safety and Health Officer responded to the survey saying that, “After becoming a safety officer, I have become aware that the most important job site safety issue is pre-planning, preparation and training. Most companies send new workers into the field without proper safety training… Planning for the overall job and the task at hand is often not done properly, and if done it is not communicated to the worker.” According to an investigation by The National Occupational Research Agenda (NORA), the rise in construction site accidents is caused by a combination of too heavy equipment, inexperienced workers, and harsh conditions. Here are some tips on preventing the fatal four:

FALLS

Falls contributed to 39.2% of deaths in the construction industry in 2017, making it the largest contributor. Ways to increase falls when using ladders, stairs, etc. include:

Using harnesses
Ensure stable ground underneath a ladder
Add toe rails/handrails
Require helmets and other protective gear
Safety training

STRUCK BY AN OBJECT

Workers being struck by an object contribute to 8.2% of the construction worker deaths in 2017. While this may not seem like a big deal compared to falls, being struck by an object can be extremely dangerous because workers are usually caught off-guard when this happens. Due to the nature of the accident, it can be a little bit harder to protect against. The easiest way to prevent injury is to wear protective gear at all times. Whether it be a hard hat, a face mask, eye protection, gloves, boots, reflective vest, etc.

ELECTROCUTIONS

Being electrocuted while on the job accounts for 7.3% of all construction site deaths. The easiest way to prevent electrocutions is to increase training around the topic. OSHA has become very strict in requiring electricity-related safety training in recent years. According to OSHA, the best way to work safely with electricity is to be trained on the following subjects:

Arc flashes
De-energizing
Lockout and tagout standards
Personal protective equipment
Testing before touching

CAUGHT-IN/BETWEEN

Construction workers getting caught in, compressed, or crushed by equipment accounts for 5.1% of all construction-related deaths. This usually happens when equipment unexpectedly rolls over or is left unattended. The best way to prevent these types of accidents is to:

Implement lockout and tagout procedures
Wear proper clothing/protective gear
Proper training

As you can see, there are a few common themes when it comes to preventing construction accidents. The best thing that employers can do is implement more rigorous training and safety standards. In addition to actively learning the safety procedures, construction workers can protect themselves by always wearing reflective protective gear. If you do find yourself involved in a construction accident resulting in injury or even death, it’s always a good idea to consult a personal injury lawyer right away. Working with an experienced law firm can help relieve the stress of medical bills, lost wages, and overall pain and suffering.

WHITESIDE & GOLDBERG, LTD.

Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have extensive knowledge of Illinois construction law. In fact, one of their specialties is pursuing construction negligence cases . As a construction worker, you are entitled to receive the best representation possible so that you can recover from your injuries without financial worry.

Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a construction worker, you are more vulnerable to injury than most workers. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Personal Injury Lawsuit Basics

Tue, 21 Jan 2020 21:46:21 GMT

A personal injury claim is something that exists to compensate those who have been injured in some way by another person, intentionally or by accident. Unfortunately, you will most likely encounter an unforeseen injury or accident at some point throughout your life that could result in costly medical bills and time away from work. If you find yourself injured in a car accident, slipping on a wet floor at the grocery store, or injured in any other way as a result of someone else’s negligence, filing a personal injury lawsuit may be the next step. However, there are many important aspects to filing and winning a personal injury lawsuit in Illinois that are important to understand. For example, when to file, when to hire an attorney, what to expect throughout the process, etc.

N EGLIGENCE

In most cases, a personal injury lawsuit is based on a negligence claim. This means that it will be your job to prove that the other party involved failed to exercise reasonable care. According to the American Bar Association , if you were in a car accident, “You have a negligence claim in a “fault” state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses.” In Illinois, fault is decided under the comparative negligence doctrine. This means that fault and damages are divided based on each party’s relative fault. You can recover damages as long as you are not deemed responsible for majority (50%) of the damages.

TYPES OF CLAIMS

There are many different types of personal injury claims you can file depending on the type of accident/incident involved. You’ll want to be sure to find an attorney that specializes in the particular field of personal injury law that you require assistance in. Here is a list of common personal injury case types:

Car Accident
Medical Malpractice
Wrongful Death
Slip and Fall
Worker’s Compensation

TYPES OF DAMAGES

Damages are traditionally divided into economic damages and noneconomic damages.

Economic damages are the financial losses for which the dollar amount can easily be determined. In other words, they compensate for the specific amount of money the plaintiff lost because of the accident that the defendant caused or failed to prevent. The following are examples that might be included among economic damages for an injury resulting from a car accident:

Medical bills (past and future)- This includes hospital stays, surgery, doctor visits, prescription drugs, medical devices, physical therapy, etc.
Lost income (past and future)- the plaintiff’s income per pay period, multiplied by the number of pay periods he or she missed work because of the accident.
Property damage- in this case, the cost of repairing or replacing the plaintiff’s vehicle.

These are the most straightforward kinds of economic damages. Courts can also award damages for future medical expenses and future lost income. These amounts require some speculation, but they can still be calculated as specific amounts based on a mathematical formula. Non-economic damages, such as physical pain, emotional distress, or in the case of wrongful death lawsuits, loss of companionship, do not have a dollar amount by themselves. Nonetheless, they can affect the amount awarded in the settlement. In most cases, it is the responsible person’s insurance company that will pay for the damages discussed above.

FILING A COMPLAINT

The first document usually filed in a lawsuit is called a “complaint.” This document is used to provide the defendant with notice of the factual and legal bases of the plaintiff’s claims. In general, the complaint includes:

An outline of the case
Identification of the people/parties involved
The plaintiff’s legal claims
The legal basis for the court’s jurisdiction over the controversy
A prayer for relief

Most people think that hiring a personal injury attorney and filing a claim automatically means that they are going to have a long drawn out case full court appearances and paperwork. While this can be true, most cases don’t even make it to the courtroom. Many times, you and your attorney can work with the other party and their attorney to reach a settlement before a formal lawsuit is required.

According to FindLaw, “A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.” Additionally, arbitration is an increasingly popular form of alternative dispute resolution (ADR) techniques. Arbitration is usually a more efficient process than litigation because it is quicker, cheaper, and provides greater flexibility of process and procedure. In this technique, the disputing parties present their case to a neutral third party, who makes a decision.

WHITESIDE & GOLDBERG, LTD.

As you can see, there is a lot that goes into filing a personal injury claim. There can be a lot of important paperwork, details, and expertise required to create a successful case. Personal injury is a complicated field of law so if you ever find yourself wondering if you should file a claim, the best course of action is to consult a lawyer.

If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office.

First Steps After A Car Accident

Tue, 14 Jan 2020 21:48:01 GMT

Car accidents can range from fender benders to life changing incidents. Depending on the severity of the injuries, it can be difficult to get your life back to normal. If you are involved in a car accident, you are likely not thinking about everything you will need to do to build your personal injury case, until it is too late. This blog post will give you a high-level overview of all the tips and best practices that can be applied after a car accident including seeking medical attention, filing police reports, collecting evidence, finding a lawyer, and more. Learning some simple steps now will make you more able to apply them when the time comes, potentially saving you a lot of time and money.

K EEPING DETAILED RECORDS

The first priority after any type of accident is always your health. Making sure you get the medical attention that you need right away is crucial. Whether it’s an EMT or an urgent care doctor, make sure you obtain a copy of the medical records. Once you have done this, the best thing you can do is collect relevant evidence at the scene of the accident. Especially if the accident was caused by someone else, photos or physical evidence will greatly help your case in court.

Take clear and detailed photographs of the scene and property damage, as well as any injuries you may have suffered. This doesn’t have to be done with a professional camera, the lens attached to any smartphone will work.

Once you have done this, it’s always a good idea to obtain a copy of the police report and take your own notes of what happened as soon as you can. A voice recording or a note on your phone that details the event from your perspective can be extremely helpful later on. Here are some tips on what you can write down:

Create a detailed account of what happened before, during and after the accident. Where were you driving? What time of day did the accident take place? Was it cloudy, raining, sunny, etc.? Was there anyone in the vehicle with you? Do you know what caused the accident? Were there any witnesses that could have seen the accident take place? What happened immediately after the accident? Make sure to include every detail that you can think of, even if it doesn’t seem relevant at the time.
Write down exactly what injuries you suffered during and after the accident. This could also include months following the accident. What treatment did you receive? How much were your medical bills? Did you miss any work? Have the injuries impacted your day-to-day life, physically or mentally?

Clearly, the details are extremely important in a personal injury case. It’s also a good idea to keep the written dialogue going as you work through filing a personal injury case. Writing down how you progress towards recovery as well as any interactions with insurance companies, car repair shops, medical providers, attorneys, etc. will all be very useful. Once you have taken the steps necessary at the scene of the accident, it’s important to act quickly and hire a personal injury attorney to assist you in filing a lawsuit for your injuries.

HIRING AN ATTORNEY

Most people think they need to be involved in a crazy accident resulting in major long-term injuries in order to receive compensation or even hire a lawyer. However, this is not the case. Even minor injuries can result in costly medical bills and lost wages. It can be especially important to talk with a lawyer when you have sustained minor injuries because this is when insurance companies will try and offer you the lowest amount possible. Even if you don’t think you are being offered a low settlement, it’s always a good idea to consult a lawyer before accepting. An experienced personal injury attorney will be able to work with your insurance to get you the compensation that you deserve.

It’s important to act quickly with all matters after a car accident in order to maximize your compensation. In Illinois, there is a 2-year statute of limitations on personal injury claims. This means that you have two years after the accident took place to file your lawsuit. This may sound like a stressful process, especially when dealing with life altering injuries, but receiving compensation for someone else’s neglect or intent is what you deserve. Also, finding a lawyer that works hand-in-hand with you to make it as easy as possible can make all the difference.

WHITESIDE & GOLDBERG, LTD.

As you can see, there are many crucial steps to take quickly after being involved in a car accident in order to file a successful personal injury claim. To sum it up, you should:

Seek out prompt medical attention
Take pictures and notes
Obtain copies of all medical records and police reports
Hire an experienced attorney to help you file a claim within the statute of limitations

Whether you have sustained minor or life altering injuries, we encourage you to follow the steps and set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office.

What to Do After an Uber Car Accident in Chicago

Tue, 07 Jan 2020 20:31:49 GMT

Taxis and city buses are becoming transportation methods of the past as rideshare companies continue to grow. Uber is the most popular rideshare company of choice in Chicago, followed by Lyft. Uber provides a convenient alternative to traditional methods of transportation by allowing individuals to request a ride via the free Uber mobile app to take them virtually anywhere in a matter of minutes. Uber will automatically connect users to the closest driver that will take them from point A to point B at a predetermined price.

Often, Uber fares are cheaper than those of taxi cabs while offering nicer vehicles and more flexibility. It’s no wonder why less Chicago residents are “hailing taxis,” and “calling Ubers” instead. There are many upsides to traveling with rideshare companies like Uber, but there are also many things to be aware of. For example, what happens if you are involved in a car accident on your Uber trip? What are your rights? How do you get compensated for any injuries and/or damages? It can be a tricky subject, but luckily there are ways to stay protected after a rideshare car accident in Chicago.

ARE RIDESHARE SERVICES SAFER?

In addition to the benefits of using a rideshare app explained above, many people think that rideshare services are actually safer. In order to answer that question, you have to consider what it takes to become an Uber driver and what makes them different from any other driver. The process to become an Uber driver in Chicago is actually quite simple. In general, you can become an Uber driver as long as you:

Are a licensed driver over 21 years old
Are currently/have been licensed to drive in the US for at least 1 year
Have an in-state registered vehicle that has 4-doors and is 15 years old or newer
Are the holder of in-state auto insurance
Have a social security number
Pass a background check

Notice how there are no requirements centered around the Uber driver’s ability to safely drive a vehicle, aside from obtaining a driver’s license. Therefore, as a passenger, there is no reason you should assume the person driving you is any more qualified to get you to your destination safely than any other driver on the road. Uber doesn’t require any extra driving training or certifications for their drivers to get approved.

Additionally, Uber drivers are presented with many more distractions than the average driver on the road. They are being tasked with diligently following a GPS, communicating with passengers, adjusting music and temperature controls for each ride, and getting to the destination in a timely manner. They do all of this while simultaneously coordinating their next ride and navigating through unfamiliar roads and traffic. As you can see, there are many reasons why Uber car accidents can happen, and you should never assume you are safer riding with a rideshare app than you are in your own vehicle. So how do you protect yourself and what actions can you take after an accident?

RIDESHARE INSURANCE

It’s important to know the general overview of how insurance companies protect drivers and riders in this growing rideshare industry. Since Uber is the most popular rideshare service in Chicago, we will be referencing their policies here. From a rider’s perspective, if you are hurt in an accident while riding in an Uber, which insurance policy would be financially responsible – the at-fault driver’s policy or Uber’s own insurance coverage?

Let’s talk about Uber’s insurance policy first. Uber carries a third-party liability insurance coverage which pays up to $1 million for personal injuries and property damage per accident. When the Uber driver is the party responsible for the accident, all passengers are covered under this policy. However, before this policy comes into play, the Uber driver’s personal auto insurance must be fully exhausted first. As stated earlier, Uber requires drivers to have in-state personal liability insurance in their name. It’s also important to note than many personal auto insurance policies won’t cover damages and injuries that occurred while the insured is acting as a for-profit driver. This is often called a “business use exception.”

What happens if the accident wasn’t the Uber driver’s fault? In this case, you would treat the accident as you would any other car accident. You would recover compensation from the at-fault driver through a third-party car insurance claim. However, there is another type of insurance that Uber carries in addition to its liability insurance coverage. Uber’s uninsured/underinsured insurance coverage usually offers $1 million in coverage per accident if the at-fault driver is uninsured, underinsured, or unknown.

This is just a general overview of how insurance companies and Uber usually work after a car accident. It can be different depending on the state and exact accident scenario, so it is always best to consult a personal injury attorney that specializes in rideshare accidents.

WHITESIDE & GOLDBERG, LTD.

Protecting your rights and navigating through complicated insurance claims is probably low on your list of immediate concerns after a car accident. But, it’s important to know that you still have rights after a rideshare accident and you are entitled to financial recovery after an accident. A car accident, rideshare or otherwise, can result in serious and often permanent injuries, costly medical bills, and lost income. If you are involved in a car accident, you need to seek immediate medical care and legal counsel.

Whiteside & Goldberg, Ltd. works with those who have been injured in any type of car accident to help them recover damages for their injuries and get their lives back on track. Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Pedestrian Safety in Illinois

Wed, 11 Dec 2019 20:33:24 GMT

According to the Centers for Disease Control and Prevention ( CDC ), 5,987 pedestrians were killed in traffic crashes in the United States in 2016. This means 1 crash-related pedestrian death every 1.5 hours, on average. Additionally, the Illinois Department of Transportation reported that in the same year, 5,545 people were injured and 136 were killed just in Illinois alone. These accidents can most obviously be caused by pedestrians crossing the street or highway, but they can also happen due to poor vehicle maintenance, sidewalk defects, construction, or other negligible acts. This blog post will go into further detail about who is at risk, common causes, how to prevent a pedestrian-vehicle accident and what to do if you end up involved in a pedestrian accident.

WHO IS AT RISK?

Just by living in an urban city like Chicago, you are at a greater risk of being involved in a pedestrian-vehicle accident. According to the National Safety Council , 85.7% of non-fatal pedestrian accidents happen in urban cities. The Illinois Crash Facts and Statistics Report stated that in 2018, 4,029 pedestrian accidents resulting in injuries 634 in rural areas. happened in urban areas compared to However, there are some factors that could make you more at risk.

Children- Younger children ages 5-9 are at the greatest risk of being involved in pedestrian-vehicle accidents. Whether it be in a crosswalk or just walking along the sidewalk, children tend to be less aware of their surroundings and more susceptible to wandering into the roadway.
Older adults- The same can be said for the elderly. Data from AARP indicates that individuals over age 65 have a greater chance of being struck and killed. Out of all related fatalities, 20 percent involve senior citizens.
Walking under the influence- Tons of companies advocate against drinking and driving, but not as many people are aware of the dangers that come along with drinking and walking. While intoxicated, crossing the road or walking in a parking lot can become much more dangerous tasks.

HOW TO PREVENT A PEDESTRIAN ACCIDENT

Before we discuss how to prevent a pedestrian accident, it’s equally important to understand what can cause the accident in the first place. Below are some common causes of pedestrian-vehicle accidents:

Electronics- This can be the cause of pedestrian-vehicle accidents on both sides of the accident. Drivers engaging in texting, making calls, or messing with the radio while driving can easily miss a pedestrian crossing the street in front of them. Additionally, pedestrians walking and using their phone, iPod, or other portable device, can easily walk into oncoming traffic on accident.
Poor visibility- Driving or walking at night or in hazardous conditions is a huge cause of accidents. When walking at night, pedestrians are always encouraged to wear some sort of reflective clothing or gear. Aside from time of day, weather can play a huge role in visibility. Particularly during wintertime, a driver may not be able to slow down by the time he or she notices a pedestrian.
Improper turns- Failing to look before making a left or right-hand turn can lead to devastating results. In particular, improper left-hand turns are 3 times more likely to cause an accident than right-hand turns. Always look before you turn, even if the light is green.
Failing to obey traffic signals- Traffic lights along with other signals such as stop signs and yield signs are in place for a reason. Failing to obey these signs as a pedestrian or as a driver could lead to potentially dangerous situations.
Not checking the rear-view mirror- Checking your rear-view mirror or back up camera, if you have one, is vital to reducing accidents. Additionally, it’s important to remember that you can’t see everything through your back up camera. Small children or animals that you can’t see in the camera alone may be behind your vehicle.

In order to prevent accidents, always keep both eyes on the road whether you are walking or driving. Wait to send that text until you are either pulled over or safely stopped along the way to your destination. If you are walking at night, invest in some reflective gear and always carry a flashlight. Always cross the street at designated crosswalks only when it is your turn to cross. If you can’t find a sidewalk, walk on the shoulder of the road facing traffic. As a safe driver, always obey traffic signals, use your blinker and double check cross walks before making turns in an intersection. Lastly, always check behind your vehicle before backing up.

WHAT TO DO IF YOU’VE BEEN HIT

Even if you do follow all of the advice in this article, it is still very possible to find yourself in an accident involving both a pedestrian and a moving vehicle. Proving fault in a pedestrian accident may sound simple, but it is often a complex matter that requires the diligent work of an experienced law firm. If you are involved in a pedestrian accident, it is important to get help as soon as you possibly can. Contact Whiteside & Goldberg if you or a loved one are a victim of a pedestrian-vehicle accident in the Chicago area.

WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a pedestrian accident case without an excellent attorney by your side.

Everything You Need to Know About Nursing Home Abuse in Illinois

Fri, 06 Dec 2019 20:35:08 GMT

Making the decision to place an older family member into a nursing home is often a difficult task. There are many reasons why families choose to do this, but it is usually because they are no longer able to provide the level of care needed. While nursing homes are expected to create positive environments and put their patient’s best interests first, this isn’t always the case. Unfortunately, some patients are actually physically and/or psychologically harmed by their supposed caregivers. The severity of the nursing home abuse and/or neglect can be present on many levels, but it is usually due to the following reasons: understaffed facilities, poor training and hiring caregivers with a history of violence.

T here are many things to consider when choosing the right long-term care facility for your loved one, and it’s not a decision that should be taken lightly. If you ever find yourself in a situation that prompts you to consider legal action against a nursing home facility, there are certain steps you can follow. Keep reading to learn when and how to file a nursing home claim.

COMMON TYPES OF NURSING HOME ABUSE

Nursing home abuse can happen in many different ways, but the most common are:

physical abuse
sexual abuse
emotional/psychological abuse
general neglect
personal neglect
abandonment
financial or material exploitation

According to a U.S. survey of nursing home staff, 36% of respondents had witnessed at least one occurrence of physical abuse that year, 40% admitted that they had psychologically abused patients, and 10% admitted to physically abusing patients themselves. These might sound like alarming statistics, but the truth is, the real numbers are likely much higher. Many elderly people don’t report abuse due to embarrassment, lack of cognitive/physical ability, or because they don’t want to cause trouble for relatives. A recent nationwide study revealed that approximately 1 out of every 14 cases involving possible elder abuse go unreported.

HOW TO CHOOSE A NURSING HOME

Choosing a long-term care facility often feels like an overwhelming task. There are more than 1,200 long-term care facilities serving over 100,000 residents in Illinois alone. Luckily the Illinois Department of Health has outlined several key considerations when choosing a nursing home. First, it’s important to make sure that a nursing home is in fact the best alternative for the care needed. Sometimes a less intensive and restrictive care option is a better choice when 24-hour care and supervision is not necessary.

If you do decide that a nursing home is the best option, it’s important to make sure the facility is properly licensed in the state of Illinois with the long-term care facility license as well as the nursing home administrator license. Additionally, when visiting a home, ask to see their most recent state inspection report. State surveyors inspect each Illinois nursing home annually. They interview residents, review resident records, inspect the premises, and assess compliance with state and federal standards. For more detailed lists and information on what to look for in a nursing home, check out this guide .

FILING A NURSING HOME ABUSE CLAIM

The Illinois Department of Public Health ( IDPH ) is responsible for making sure long-term care facilities comply with the provisions of the state Nursing Home Care Act and The Assisted Living and Sharing Housing Act. IDPH conducts surveys every year to ensure that facilities that receive state and/or federal funding (Medicaid/Medicare) are following applicable federal regulations. IDPH is also responsible for investigating quality of care issues. This usually refers to actual or potential harm to patients, patient rights, infection control, unsafe physical environment complaints and medication errors. The most common complaints are:

Bed sores
Medicare Billing Issues
Malnutrition
Dehydration
Sepsis
Physical or chemical restraints
Unnecessary falls

Complaints may be made by patients, family members of the patient, caregivers, or staff/advocacy groups. Despite these measures, there are still times when nursing home abuse does take place and it’s important to know what’s involved in a nursing home abuse lawsuit. An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding:

An investigation and finding by an adult protective services agency
Civil cause of action for damages
A criminal prosecution

PROVING NEGLIGENCE

A nursing home can be held liable for negligence if the injured party can prove the following:

The nursing home’s owner or employees breached a duty of care owed to the injured person
The person’s injury was caused by this breach of duty
The nursing home owner’s or employee’s conduct caused the injury

Whiteside & Goldberg is well versed in the Illinois regulations concerning nursing home abuse and neglect. Many times, abuse goes unreported due to fear of retaliation or embarrassment. However, Illinois law protects individuals making such reports so long as the reporter believes that it is in the alleged victim’s best interest. If someone that you know is suffering from elder abuse or neglect at a nursing home, we can help.

WHITESIDE & GOLDBERG, LTD.

If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an experienced personal injury attorney as soon as possible. If you think you have a claim in the Chicago area, reach out to Whiteside & Goldberg, Ltd. They have experience proving and winning many nursing home abuse cases and will work hard to get you the compensation you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on slip and fall lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Common Causes of Semi Truck Accidents in Illinois

Tue, 03 Dec 2019 20:36:45 GMT

Some of the most dangerous accidents on the road today are caused by large commercial trucks. Every year, many people are killed in semi truck accidents and even more are seriously injured. It can be important to know common types of trucking accidents as you share the road with these large vehicles, but it can be just as crucial to know what usually causes these accidents. Whether you are a commercial truck driver, or you drive a typical passenger car, this blog is for you.

F EDERAL & ILLINOIS STATE LAW

Large truck drivers have an increased responsibility to drive safely just due to the size and weight of their vehicles. Commercial trucks in Illinois operate under both state and federal law. However, there are times when the state law differs. For example, the federal law states that interstate truckers must be 21 years old to legally operate a commercial truck, but in Illinois, the legal age is 18. Interstate truckers, those that drive across multiple states, are primarily regulated by the United States Department of Transportation (USDOT) and Federal Motor Carrier Safety Administration ( FMCSA ). State law primarily regulates commercial trucks that operate only within one state and have a gross vehicle weight rating of over 18,000 pounds. This includes delivery trucks, garbage trucks, school buses, dump trucks, gas trucks, and more.

Illinois commercial trucking laws place regulations on these vehicles to control how they operate on the road. Examples include:

Specialized driving tests
Lower speed limits on highways
Weight limits
Insurance requirements
Lower Blood Alcohol Content (BAC) allowed
Towing limits
Driver age
Trucking routes
Restrictions on hours-of-service

These are just some examples of the regulations put in place in Illinois specifically for commercial truck drivers. Trucking companies must comply with these regulations to avoid fines and other penalties, but more importantly, to keep people safe.

COMMERCIAL TRUCK DRIVER ERROR

Despite the responsibilities and regulations explained above, commercial truck drivers are prone to many of the same driver errors as anyone else on the road. Here are some of the most common driver errors:

Fatigue – This is the most common cause of trucking accidents due to the long hours that drivers normally drive with minimal rest. The companies that they are driving for have strict schedules and deadlines and sometimes drivers underestimate their level of fatigue and choose to keep driving when they should pull off and rest.
Driving Under the Influence – Driving while impaired by alcohol or drugs has been shown to be a major cause of accidents. Sometimes the issue is illegal drugs, but prescription drugs can also be a concern when they effect coordination and judgement.
Vehicle Maintenance – Maintaining large commercial trucks is usually the responsibility of the trucking company, but it is up to the driver to notify the company of any issues. In most cases the maintenance checks aren’t done as often as they should be due to the time and money required.
Speeding – Trucking companies are paid to deliver their goods on time and in good condition. Given that this is the nature of the business, it’s not hard to see that truck drivers are being incentivized to drive unsafely. The quicker they get to their destination, the better. However, this can lead to dangerous speeding and driving techniques. The pressure can also lead to cutting corners on some of the regulations explained earlier.
Inadequate Training – While there are strict regulations on the training required to drive commercial trucks, that doesn’t mean all truck drivers have the same safety concerns and defensive driving techniques.

SHARING THE ROAD WITH PASSENGER VEHICLES

If you aren’t a commercial truck driver, you may be wondering how any of this pertains to you. Well, studies show that 81% of trucking accidents caused by driver error are actually due to the passenger vehicle. A passenger vehicle weighs an average of 4,000 pounds, while an 18-wheeler can weigh up to 80,000 pounds. It’s easy to see how trucking accidents can lead to catastrophic injuries and death. Therefore, it’s important to know how to safely share the road to avoid accidents. Below are some unsafe driving techniques that should be avoided by passenger vehicles when driving near a large truck:

Driving in the areas directly behind and beside a commercial truck. These are usually areas of little to no visibility for the truck driver.
Quickly cutting off a truck. Large trucks take much longer to come to a stop than a regular passenger vehicle. Changing lanes abruptly in front of a large truck greatly increases your chances of being rear-ended should a sudden stop be required.
Driving between two large trucks
Unsafe passing
Merging improperly in traffic

The Federal Motor Carrier Safety Administration (FMCSA) has made it their goal to reduce crashes, injuries and fatalities involving large trucks. If you want to learn more about how you can stay safe on the road, click here . If you have been injured in a trucking accident, it is always best to seek out a personal injury attorney in your area.

WHITESIDE & GOLDBERG, LTD.

Even if you do follow all of the advice in this article, it is still very possible to find yourself in semi truck accidents. Proving fault in a trucking accident case may sound simple, but it is often a complex matter that requires the assistance of an experienced injury attorney. Contact Whiteside & Goldberg, Ltd. if you or a loved one are a victim of a trucking accident in the Chicago area.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a trucking accident case without an excellent attorney by your side.

Accidents to Avoid This Winter

Wed, 27 Nov 2019 20:38:33 GMT

Winter time can be one of the most magical times of year. It’s usually a time for family, holidays and lots of fun. However, there are things to be aware of so that you don’t let an unexpected trip to the ER spoil the fun. According to the National Weather Service , the average high temperature for the winter season in Chicago is only 33.7 degrees with the low being 19.7 degrees, on average. These are prime temperatures for snow and ice which can create many potential dangers and injuries in everyday life. Additionally, many people choose to engage in winter sports and activities such as skiing, snowboarding, sledding, etc. that can be even more hazardous. Making yourself aware of common injuries and accidents during the winter time is half the battle. This article will discuss the most common winter injuries, who is at risk, and how to stay safe this holiday season.

M OST COMMON WINTER INJURIES

Personal injury during winter is likely to occur from performing every day activities, especially if you aren’t aware of the most common injuries. Some of the most common injuries during winter time in Chicago are:

SLIPPING ON ICE & SNOW

Most of the time when you see someone fall on the ice, it’s more funny than dangerous. Many people just laugh it off, but even if it doesn’t hurt at the moment, serious injuries can result down the line if not treated properly. The act of slipping and falling on ice means that your body is coming in harsh contact with rock hard ice which can lead to fractured bones, soft tissue damage, and even brain trauma. The most common injuries are:

Bruises
Concussions or other head injuries
Muscle sprains
Fractured bones
Back injuries

In order to prevent slip and falls this holiday season, here are some tips:

Wear slip resistant footwear
Walk slowly and carefully, using a railing when possible
Avoid texting, carrying heavy items or walking with hands in pockets
Watch out for black ice
Wipe your feet when you head inside after walking in snow

Slips and falls accidents don’t only take place outside. A slip and fall accident can easily occur inside on a slick floor caused by melting snow and ice in an entry hall or doorway. Don’t assume you are safe just because you are indoors. If you or someone you know is involved in a slip and fall accident this winter, don’t wait. Contact Whiteside & Goldberg to discuss the incident with a qualified personal injury attorney.

DRIVING IN HAZARDOUS CONDITIONS

Whether you are driving during or after a winter storm, it’s important to keep an eye out for a few potential hazards. Wet roads could turn to ice, icy roads could have areas of “black ice”, and roads covered in snow can make it difficult to see lines on the road and anything else lying beneath the snow. Most people carry on with their normal daily routines despite a snow storm, especially in Chicago, so here are some tips to stay prepared:

Keep emergency gear in your car: food, water, warm clothes, blankets, flashlight, medications, etc.
Check your tires for adequate tread and inflation
Make sure you have at least half a tank of fuel at all times
Avoid cruise control when driving on ice or snow
Get your brakes checked before driving in winter weather conditions
When driving, drive slowly, keep a safe following distance, and don’t come to a full stop on snow or ice if you can avoid it.

Common injuries that result from winter car accidents are:

Head injuries
Shoulder injuries
Neck and back injuries (whiplash)
Knee injuries

If you are involved in a car accident caused by ice or snow, you shouldn’t hesitate to discuss the incident with a qualified personal injury attorney.

WHO IS AT RISK

Children are the most obvious demographic to be at risk of winter injuries. Young children can easily fall and injure themselves when they can’t reach railings or find proper balance on ice. When children are engaging in winter activities such as ice skating or sledding, it’s recommended that they were a helmet to prevent head injuries. Similarly, seniors have a high risk of slipping and falling during winter months. The elderly is the most at-risk group for slip and falls in general, but especially during the winter. These types of falls can lead to life threatening injuries such as fractured hips and head traumas. It’s always a good idea to accompany seniors down driveways, along sidewalks, and across parking lots.

WHITESIDE & GOLDBERG, LTD.

Unfortunately, even with the best preventative measures, accidents happen. If you or a loved one are injured due to a slip and fall, car accident, or any other activity this winter, the first thing you should do is seek medical help by calling 9-11 or going to the ER. Additionally, you should contact a personal injury lawyer to discuss the incident. You may be able to receive compensation for your injuries. According to the U.S. Bureau of Labor Statistics, there were 20,520 workplace slip-and-fall injuries involving ice, sleet or snow that required at least one day away from work to recover in 2016. Don’t let a slip and fall negatively affect your life any more than it has to.

If you are in the Chicago area, look no further than Whiteside & Goldberg. They work hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on winter accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a winter accident lawsuit without an excellent attorney by your side.

What You Should Know About Product Liability in Chicago

Fri, 08 Nov 2019 20:40:08 GMT

Every year, thousands of people are injured by dangerous and defective products in the United States. It’s not your job as a consumer to wonder if products being sold are safe to buy and use. If a product is shown to be unsafe in the way it was designed or manufactured, then those injured by the product have a right to file a product liability claim. Product liability is the legal responsibility of a manufacturer, producer, distributor, retailer, or vendor of a product to compensate an injured party when its product causes harm or personal injury.

Product liability claims can not only compensate the victim for pain and suffering, but also warn others who have bought the same product and influence future design and manufacturing standards. The claims most commonly associated with product liability are negligence, strict liability, and breach of warranty. Each state handles product liability law differently so in this blog post we will take a closer look at how Illinois handles each type of claim as well as what to do if you think you have a product liability case.

EXPLAINING “DEFECTIVE” PRODUCTS

Product liability cases can get very complicated as laws vary from state to state and there are a lot of moving parts, but we will be discussing a high-level overview of how product liability claims generally work in Illinois. So, how can a product be defective? According to the Illinois Law Manual , “A product is defective when it fails to perform in the manner reasonably expected in light of its nature and intended function. A product is not unreasonably dangerous if the injury derives merely from the inherent properties of the product that are obvious to all.”

In general, there are three main ways:

Design- A design defect occurs when the design itself is responsible for the product being unreasonably dangerous. Sometimes, in order to prove this, the plaintiff must show that there was a reasonable design alternative that would have been safer while still maintaining its cost of manufacturing and practical usage.
Manufacturing- A manufacturing defect takes place during the manufacturing of the product. So, the design itself was not the issue.
Warning labels- This becomes an issue when a product is lacking reasonable warnings or instructions to warn the user of the foreseeable risks associated with the product’s use. When a product is deemed defective due to “failure to warn”, it is assumed that the design and/or manufacturing were not the issue that led to the injury.

As you can see, there are many ways that a product can be proven “defective”. It’s good to keep in mind that product manufacturers usually know the most about their products and it is their responsibility to bring safe products to the market. Therefore, it falls to them to assume financial responsibility for any injuries or damage they cause.

TYPES OF PRODUCT LIABILITY CLAIMS IN ILLINOIS

A product liability claim can be filed under the following legal theories:

STRICT LIABILITY

In the state of Illinois, strict liability applies to the sale or lease of any product which, if defective, may be expected to cause physical harm to the consumer or user. In order for a strict liability claim to be made, the following three things must be true:

The plaintiff was injured by the product
The injury was caused by a defective condition of the product
The defect existed when the product was in the defendant’s possession

It is the plaintiff’s responsibility to prove that the product was defective in at least one of the ways explained earlier. Hiring an experienced personal injury attorney is necessary to effectively battle a product manufacturer.

NEGLIGENCE

Negligence has to do with whether or not a manufacturer, distributor, or seller exercised care in the design, production, and/or distribution of a product, which subsequently causes injury to the plaintiff. The elements of a negligence action include:

Duty
Breach of duty
Damages to the plaintiff caused by the defendant’s negligence.

Unlike strict liability, a negligence claim places the responsibility on the plaintiff to prove that the defendant was negligent by not exercising ordinary care.

BREACH OF WARRANTY

In general, there are two types of warranties that can be breached. An express warranty is when the seller or manufacturer of a product extended a warranty to you, in writing or verbally, and the product injured you. An implied warranty is another form of a strict liability. According to the National Law Review, there are two types of implied warranties in Illinois: a warranty of “merchantability” of the goods being sold, and a warranty that the goods are “fit for a particular purpose.” Implied warranties become part of a sale transaction, unless legally excluded, so that buyers can purchase goods and be confident that they meet certain minimum standards.

WHITESIDE & GOLDBERG, LTD.

In Illinois, the statute of limitations for filing a product liability claim is 2 years if based on personal injury, and 5 years if based on property damage. Proving fault in a product liability case may seem simple at first, but it is often a complex matter that requires the assistance of an experienced law firm. Contact Whiteside & Goldberg, Ltd. if you or a loved one are a victim of a product liability injury in the Chicago area.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on product liability lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a product liability case without a dedicated attorney by your side.

Filing a Wrongful Death Claim in Illinois

Thu, 24 Oct 2019 19:41:47 GMT

Death is an inevitable part of life, but that doesn’t make it any easier on loved ones to lose a member of their family. This is especially the case when a life is lost due to the negligence of another person. When a person is killed because of someone else’s misconduct, the surviving family members may have the right to file a wrongful death case under Illinois law. This can make all the difference for loved ones that are not only experiencing a devastating loss, but also enduring financial hardships due to the loss. There is no amount of money that can compensate for the loss of a life, but damages can be used to cover medical bills, funeral costs, lost wages, etc. There are many details that can go into filing a successful wrongful death case in Illinois, so read on to learn everything you need to know.

I LLINOIS STATE LAW

Each state handles personal injury cases differently, and wrongful death lawsuits are no exception. In Illinois, there are state laws that define wrongful death cases, define who can file a claim, and sets statutes of limitations. These are all crucial elements to consider when building a strong wrongful death case. In this blog, we will go over the general rules, but each case is different, so it is always recommended to meet with a personal injury attorney to review your case .

WRONGFUL DEATH DEFINED

First, let’s define what an Illinois wrongful death case is. According to the Illinois General Assembly ,

“Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages.”

This means that a wrongful death claim is a lawsuit brought about on behalf of someone who has died due to the neglect or misconduct of someone else. If the victim had not died, they would have had the right and ability to recover damages themselves. This kind of lawsuit allows the family of the deceased to recover damages on their behalf. Some common examples of situations that result in wrongful death cases are: the intentional killing of a person, medical malpractice resulting in death, fatal car accidents, criminal behavior, lethal occupational exposure to hazardous conditions, etc.

STATUTE OF LIMITATIONS

All civil actions have a statute of limitations, or a time period, during which a claim must be filed. If a claim is not filed during this time, you lose your right to sue. According to 735 ILCS 5/13-209 , a wrongful death case must be filed within the time set by the statute of limitations for the underlying type of case, or within 1 year of the date of the deceased person’s death – whichever date is later. For example, a personal injury case in Illinois must be filed within 2 years of the date of the accident. So, that means the representatives of the deceased have at least 1 year, but no longer than 2 years, to file the lawsuit in Illinois.

WHO CAN FILE A CLAIM?

If a person dies as a result of someone else’s negligence, it is up to the remaining family members to file a wrongful death lawsuit within the time period explained above. In Illinois, the person presenting the claim to the court must be the personal/estate representative of the deceased. This person may be:

The spouse
The parent if the deceased was a minor
An adult child of the deceased
Any other state appointed personal/estate representative

WHAT IS REQUIRED TO FILE A WRONGFUL DEATH LAWSUIT

There are certain elements, some of which are explained above, that need to be present in order to have a successful wrongful death case. These almost always include:

The death of a human being
A death that is caused by negligence of another person
Surviving family members who are incurring unforeseen financial difficulties due to the death
The appointment of a personal representative

Aside from the specific rules that each state chooses to follow regarding wrongful death cases, there are many important elements required that will vary from case to case. That’s why it’s always important to work with an experienced personal injury attorney that will give your case the attention that it needs.

SEEKING DAMAGES IN ILLINOIS

In Illinois, damages are awarded to the spouse or next of kin in accordance to what is deemed just and fair. 740 ILCS 180/2 states:

“Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person. In every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person.”

Additionally, level of dependency is also taken into consideration. The court will assess the circumstances and award compensations according to level of dependency on the deceased person.

WHITESIDE & GOLDBERG, LTD.

If you are in the Chicago area, Whiteside & Goldberg, Ltd. offers free consultations for anyone who would like to discuss their case. We know that it is never easy to lose a loved one, but we are here to help you receive the compensation that you need. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office.

How to Prove A Slip And Fall Case in Illinois

Mon, 07 Oct 2019 19:43:18 GMT

According to Injury Facts , slip and fall accidents were ranked the number 1 nonfatal preventable injury in 2017. Everyone is bound to slip and fall at some point in their lives and it’s important to know your rights. For example, if you go to the grocery store and slip on a wet spot, do you have the right to sue? If you choose to file a claim, your lawyer will need to prove that the property owner was responsible for your injuries. There are many factors that go into proving fault and ultimately winning a slip and fall case. This post will dive deeper into a few key pieces involved in a slip and fall case.

P ROVING DUTY

The first question you should always ask is, could the property owner have prevented the accident? Was the property owner even aware of the potential hazard that caused the accident? This vital piece of the puzzle is usually referred to as, “duty.” The property owner has the obligation to keep the property safe from dangerous conditions that would cause a person to slip and fall. There is often a question that arises around what is reasonable duty for the property owner? And shouldn’t the person who slipped have exercised more caution? Well, below are some general points the could be proven to win a case:

TYPES OF NOTICE

Usually, it must be shown that an owner, manager, or another person with duty of care should have known of the dangerous condition because any other “reasonable” person in the same position would have known. This implies that the person with a duty of care acted unreasonably by not preventing the injury. This can be a very difficult part of the case because you have to prove whether or not a duty was owed to the injured party. There are two types of notice that can arise:

Actual notice– This is when the person with duty of care had knowledge of the dangerous condition that caused the injury. This person was actually informed of the condition either by being told or seeing it in person. Actual notice is a very straightforward concept and makes proving fault easier.
Constructive notice– This means that the person with duty of care should have known about the dangerous condition under the given circumstances while exercising reasonable diligence. This can be more difficult to actually prove because there are a lot of factors to take into consideration. For example, how long did the condition exist and where is it located?

Along with duty, notice is an extremely important aspect of the case to prove. As you can see, there are many factors at play and each situation is different. That’s why it’s important to work closely with an experienced personal injury attorney to make sure you get the most compensation for your injuries.

PROVING HAZARD AND FAULT

In addition to duty and notice, there are a couple more things that should be proven in a solid slip and fall case. First of which is, you need to be able to prove that the condition that caused the injury was in fact a “hazardous condition.” While it may seem obvious to the person that fell that the condition was hazardous, it’s not always as easy to prove to a judge. A condition is considered “hazardous” if it poses foreseeable risk of harm. Potentially hazardous conditions include: uneven walkways, broken floor tiles, icy sidewalks or parking lots, etc. Finally, there needs to be evidence showing that the hazard was responsible for the injuries, proving causation.

Once the situation is deemed hazardous and shown to cause injuries, there are some questions the victim of the fall might be asked when considering who’s at fault for the injuries incurred. For example:

Were you engaging in any acts that could have prevented you from noticing the hazardous condition? Some examples include: texting, talking on the phone, etc.
Were you legally allowed to be on the property where the accident occurred? Was there a legitimate reason for you to be on the property owners premises?
Did you ignore any signs that warned you of the potential hazard such as a caution sign?
Would a person of reasonable caution in the same situation have acted the same way? In other words, was there a more reasonable way to proceed that would have lessened the chances of injury?

These are all questions that the defense could use to prove that the person that fell was acting careless. In Illinois, you must be less than 51% at fault to recover any damages. This system is called Modified Comparative Negligence . Different states follow different rules regarding liability so it’s important to work with a lawyer that understands your state’s specific rules.

WHITESIDE AND GOLDBERG, LTD.

If you’ve been injured in a slip and fall accident, it’s crucial that you contact a personal injury attorney as soon as possible. If you think you have a claim in the Chicago area, reach out to Whiteside & Goldberg, Ltd. They have experience proving and winning many slip and fall cases and will work hard to get you the compensation you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on slip and fall lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

The Truth About Personal Injury Lawsuits

Mon, 30 Sep 2019 19:44:43 GMT

Nobody plans on being injured in an accident. Whether it’s a car accident, slip and fall, motorcycle crash, etc., it will almost always cause unforeseen stress and even financial burden. Many people are hesitant to reach out to a personal injury attorney for many reasons. Maybe you’ve heard stories about people who had to endure long drawn out cases that didn’t result in much, or maybe you just don’t think you have a legitimate case. While these are valid concerns, it is always a good idea to educate yourself on the reality of filing a personal injury case. In this blog post, we will address some common myths and stigmas associated with personal injury lawsuits and hopefully set the record straight.

T YPE OF INJURIES

Most people think they have to have a devastating accident resulting in major injuries in order to file a claim. However, this is NOT the case. Even minor injuries can result in costly medical bills. It can be especially important to consult a lawyer when you have sustained minor accidents because this is when insurance companies will try and offer you the lowest amount possible. An experienced personal injury attorney will be able to work with your insurance to get you the compensation that you deserve. Additionally, if you were in a car accident with minor injuries, the damages done to your car can still be a concern. The repairs or replacements after an accident can be extremely expensive to pay out-of-pocket. It can be beneficial to work with a personal injury lawyer to lessen those costs. There are many factors after an accident that can factor into your case, that’s why it is always a good idea to consult with a qualified personal injury lawyer.

TIME

Especially when you are in the situation explained above where only minor injuries are sustained, it’s not uncommon to think that the time required to file a lawsuit isn’t worth it. Many people think that filing a claim means going through a long-drawn-out process that involves going to court. In reality, most cases never make it to the courtroom. Usually, a settlement can be reached outside of the courtroom. Every case is different, so the time required varies from case-to-case, but most accident cases can be settled early. Hiring an attorney that is well-versed in personal injury law can end up saving you a lot of time.

GUILT

Many accident victims can be hesitant to file a claim because they don’t want the person that caused the accident to have to pay out of their pocket. Nobody wants to ruin someone’s life over an accident. Everyone makes mistakes and this mentality can stop people from seeking compensation for damages incurred. In reality, the person who caused the accident won’t be paying out-of-pocket. Even though you are suing them, it is their insurance company that pays. Once you receive the settlement from the insurance company, it’s important that an attorney explains to you the full scope of their offer. Often times, having a personal injury attorney to negotiate with insurance companies can increase final settlement rates significantly.

DO I HAVE A LEGITIMATE CASE?

If you are injured or incur financial losses in an accident, or due to an incident caused by another person, it’s always a good idea to consult a lawyer. Even if you’re not sure if you have a case, it never hurts to ask. Most lawyers offer free consultations, so you have nothing to lose by having a lawyer review your case.

Additionally, a lot of people think that the courts are probably filled with personal injury cases and don’t think their case will be important. This couldn’t be farther from the truth. Firstly, according to the National Center for State Courts , personal injury cases have declined by 25% since 1999. More importantly, a good personal injury lawyer will treat all cases that they accept with equal level of importance.

It’s also important not to compare your case to an experience that someone else has had in a similar situation. Just because you know of someone that filed a lawsuit and lost, doesn’t mean that you will too. Every case is different and there are many factors at play. It’s never a good idea to assume the outcome of your case without consulting legal aid. An experienced personal injury attorney will be able to sort the facts of your individual case and set you up for success.

WHITESIDE & GOLDBERG, LTD.

As you can see, there are many reasons why people choose not to file a personal injury claim. Whether it’s time, guilt, money, or one of many other reasons, we encourage you to seek out the reality behind the situation. It’s important to be aware that a lot of movies, TV shows, and media outlets help progress these stigmas that aren’t always 100% true. If you ever find yourself wondering if you should file a claim, the best course of action is to consult a lawyer.

Everything You Need to Know About Dog Bites

Mon, 23 Sep 2019 19:46:50 GMT

Dogs can be great companions and add a lot of value to a person’ life. After all, they are man’s best friend. But, that doesn’t mean they don’t require proper training and attention. All dogs are capable of biting and causing serious injury if you’re not careful. According to the American Pet Products Association’s 2017-2018 National Pet Owners Survey , 60.2 million U.S. households own at least one dog. That’s the highest number of all pet categories. So, it’s clear that majority of America loves dogs and that’s why it’s so important to discuss ways to keep your dog, and the people that they may encounter, safe. There are many well-known reasons why dog bites happen, as well as bite prevention techniques. Making yourself aware of these topics can lessen your chances of being involved in a potentially dangerous situation. However, if you do end up getting bit or attacked by a dog, there are immediate steps that you should take from a medical and legal standpoint. Keep reading to learn more!

W HY DO DOGS BITE?

All dogs have the tendency to bite as a reaction to something. Whether it be in self-defense, in defense of their owner or puppies, or because they feel threatened. It’s not safe to assume that any dog is safe to approach without keeping a few things in mind:

Dogs tend to bite if they are sick or not feeling well. Dogs that are sick or injured may feel vulnerable, as if they can’t run away from you or protect themselves as well as they normally would be able to. This can cause some dogs to turn to biting as an immediate defense if you get too close.
Dogs may nip or bite in an attempt to play. This is especially common with young children. It’s important to educate kids on how to properly play with dogs. Kids will often get too close to a dog’s face or try to grab a toy straight from a dog’s mouth. Learning to create boundaries with a dog when playing with humans is vital to decreasing dog bite situations.
Walking up to a sleeping dog may startle him/her causing an unpleasant reaction. It’s never a good idea to sneak up on a dog. Especially if you don’t know the dog very well. As mentioned earlier, dog’s usually bite as a reaction to something. If you sneak up on a dog, it may not have a chance to assess the situation and may turn straight to biting as a means of defense.
Is there food around? Dogs can be extremely protective of their food and treats, it’s in their instincts. Especially if you are not the owner of the dog, it’s a good idea to leave him or her alone during feeding time. Always ask the owner before giving a dog a treat. Some may get overexcited or territorial and bite your hand along with the treat.

HOW TO PREVENT A DOG BITE:

Most dog bites are preventable. According to DogsBite , family dogs inflicted 72% of dog bite fatalities in 2018. This means that it’s usually the dogs that you know and live with that are most likely to bite you. Being a dog owner comes with a lot of responsibility such as choosing a breed that will fit best with your family/living situation, seeking out proper training, regular exercise, etc. Being aware of your dog’s individual history and behavior can make all the difference.

Additionally, here are some things you can do to prevent a dog bite:

Socialization. If you are a dog owner, it’s so crucial to socialize your dog from a young age. Get them used to being around other humans as well as dogs. This will make them more comfortable in situations where you encounter new people and/or dogs.
Education. Whether or not you own a dog, there is a very good chance you will encounter one at some point. Learning how to properly introduce yourself and interact can be a great way to prevent dog bites. Also, teaching this behavior to your children is your responsibility as a parent.
Be aware of your surroundings. A dog’s body language can tell you a lot of things about their behavior. Some signs that a dog is on edge may include: barking, hair standing up, tail sticking straight out, growling, protective stance in front of owner or other dogs. Always pay attention and never approach a dog that is showing any of these signs. Some other situations to look out for that may still be dangerous include: if the dog is not with its owner, if a dog is with puppies, if a dog is playing with a toy or eating, and if the dog appears to want to be alone it’s best to leave him/her be.

IN CASE OF A DOG BITE:

You may be wondering what you can do if you or a loved one does get attacked by a dog. In Illinois, the law states:

“Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”

This basically means, that you have every right to sue the owner of the dog for any injuries it may have caused. The owner is liable if you are attacked without provocation. According to Find Law, it doesn’t matter if the owner knew it’s dog was dangerous, and it doesn’t matter if the owner tried to stop the dog.

Regardless, the owner is liable for damages and the person injured is encouraged to seek legal counsel. In the case of a dog bite, with an experienced lawyer, you can receive compensation for medical expenses, emotional distress, pain and suffering, and lost wages.

WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg, Ltd. has worked on many dog bite cases and will work hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Car Accidents: Common Causes & Prevention Tips

Mon, 16 Sep 2019 19:48:48 GMT

It’s no doubt that car accidents can be devastating. You see them happen all the time just driving your normal commute and it can make even the safest drivers wonder about their own safety. Even if you are a good driver and have never been in a car accident before, it’s still important to learn all of the ways to avoid one. According to the National Safety Council , more than 90% of car accidents are caused by human error. This means that they can be prevented majority of the time. Before you get behind the wheel, you need to take basic safety precautions to prevent or decrease chances of injury in case of an accident. Additionally, there are things that you can do if a collision seems impossible to avoid while on the road. Knowing what to do before an accident happens can keep you from sustaining serious injuries.

CAR ACCIDENT CAUSES:

Before we get into what exactly you can do to prevent car accidents, it’s important to know the most common causes. Below are some examples of common causes of car accidents:

Distracted driving
Speeding
Driving under the influence
Fatigue
Reckless driving

PREVENTING A CRASH:

Now that you know some major causes of vehicle accidents, it’s important to understand what you can do to keep yourself and other drivers safe on the road. Below are some great accident prevention tips:

Use the left lane for passing only. Most highway accidents occur in the fast lane where drivers are usually speeding. Not only do you increase your chances of injury, but you also don’t have many escape options if an accident were to happen. Driving into a median or barrier can make the accident and injuries exponentially worse. It’s best to use the left lane only when there is a safe passing opportunity and always use your signal.
Always wear your seatbelt. This may seem like a given, however, many people still choose not to use this life saving device. According to the NHTSA , wearing a seat belt saved an estimated 14,955 lives in 2017.
Stay alert and awake. Safety should always be your number one priority so whenever you are feeling too tired to drive, it’s best to stay home and rest. Too many people opt for a coffee or energy drink instead of getting enough rest. Your life is not worth driving fatigued and potentially causing an accident. Even if you are fully rested, it’s important to stay alert and drive defensively at all times. You never know what other drivers may do and it’s not a good idea to anticipate their actions.
Be conscious of blind spots. The best way to avoid other cars getting lost in your blind spots is to adjust your rearview and side mirrors. It’s critical to know where your blind spots occur as every vehicle is different. While you are behind the wheel, you also want to be aware of when you could be in someone else’s blind spot. Try to stay out of these tricky spots as much as possible to decrease your chances of being in an accident. This is especially important when driving next to large trucks.
Give yourself extra time. It’s never a good idea to be in a rush while driving. Not only could you get a speeding ticket, but the faster you are driving, the less time you will have to stop to avoid a crash. According to the World report on road traffic injury prevention, “An increase in average speed of 1 km/h typically results in a 3% higher risk of a crash involving injury, with a 4–5% increase for crashes that result in fatalities.”
Put your phone away. Distracted driving is the number one cause of accidents in the United States. Even though texting, talking, or emailing and driving have all become pretty normalized, that does NOT mean it’s the safe thing to do. It is always best to send your texts/emails, make your calls, set the radio station, etc. BEFORE you hit the road. Put your phone in the back seat, center console, or someplace where you won’t be tempted to reach for it while driving. Out of sight, out of mind is the best policy when it comes to distracted driving.
Don’t assume another driver’s ability. Now that you know all these precautions and tips, it’s never safe to assume that other drivers are as educated. You never know the condition of the driver’s around you. Staying alert, especially when you are driving a route that you drive every day, is always recommended.

IN THE EVENT OF AN ACCIDENT

According to the NSC, “For the third year in a row, 40,000 people were killed in crashes on U.S. roads in 2018, according to preliminary estimates from NSC. Another 4.57 million people were injured seriously enough to require medical attention.” So it’s clear that there are ways to prevent an accident, but you likely won’t be so lucky as to avoid an accident your entire life. If you do find yourself in an unavoidable situation, there are a few things you can do:

Align your hands and wrists with the steering wheel.
It can be tempting to swerve and/or jerk the wheel. This is not a good idea. Steer smoothly to maintain control.
Slow down as much as possible. The faster you are going the worse your accident/ injuries will be.
Avoid colliding with a vehicle or object head on. Doing your best to angle your car or truck to the side a little bit can make all the difference. Your vehicle’s side is weaker than other areas so turning all the way to the side is not recommended.

WHITESIDE & GOLDBERG, LTD.

The first thing you should do after an accident is seek medical attention and call a good lawyer! Whiteside & Goldberg, Ltd. works hard to get you the compensation you deserve after an accident. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a distracted driving case without an excellent attorney by your side.

The Truth About Whiplash

Mon, 09 Sep 2019 19:50:29 GMT

Whiplash, sometimes referred to as a neck sprain of strain, is an extremely common injury often resulting from a car accident. Whiplash is a term that describes a neck injury caused by a sudden movement of the head forwards, backwards or even sideways. Each year, more than 2 million Americans report experiencing whiplash. Given that whiplash is very common, it can be easy to brush it under the rug and not take it as seriously as you should. There are also a lot of myths out there that prevent people from seeking medical and legal attention. If you are in any type of accident, you need to be aware of the symptoms and effects of whiplash, so you can receive proper treatment. Otherwise, you may never fully recover.

There are many myths surrounding a whiplash injury that can make a victim feel embarrassed or minimized about their injury. We want to make people aware that whiplash is not a joke. It is a serious injury that can have very negative effects on a person’s life. Below are some common whiplash myths that we hear all the time and it’s time to set the record straight.

MYTHS:

Whiplash can only occur in a car accident. This is a myth. Whiplash is commonly associated with car accidents in movies and stories, but it applies to any situation that causes a sudden back and forth jerk of the head and neck. You can get whiplash from a fall, or from high-impact sports, such as skiing, snowboarding, boxing, football or gymnastics.
I would have to be involved in a high force impact to get whiplash. This is also a myth. You don’t have to crash into a building at 60 mph to get whiplash. In fact, many cases of whiplash happen at speeds as low and 5 mph. According to Harvard , a rear-end accident at only 10 mph can whip your head forward with a force of up to 9 G’s. The major factor to pay attention to isn’t speed, it’s whether or not you are wearing your seatbelt.
It’s a minor condition that goes away in a few days. Recovery time is different for everyone and while there are people who will feel better in a few days, there are many people that will be affected for the rest of their lives. Chronic neck and shoulder pain, memory loss, and overall decrease in cognitive function are just a few possible life-long injuries as a result.
Whiplash is a scam. In the past, whiplash and other soft tissue injuries were hard to diagnose. Doctors mostly diagnosed based on symptoms reported by the patient, making whiplash an easy injury to fake. However, with the advent of modern technology and imaging, it’s a lot more difficult to fake an injury and have it hold up in court.
My neck feels fine, so I can’t have whiplash. Neck pain isn’t the only symptom required to have whiplash. In fact, it’s not even required. Other symptoms that need to be considered include: numbness in your arms and hands, nausea, dizziness, difficulty swallowing, blurred vision, and neck swelling.

SYMPTOMS OF WHIPLASH:

As you can see, there are so many reasons why people may be hesitant to consider whiplash a serious problem. It’s important to keep in mind that you can have whiplash under many different scenarios. Get checked out by a doctor as soon as possible right after the accident and make sure to contact an experienced law firm to help you with your whiplash injury claim. According to the Mayo Clinic , signs and symptoms of whiplash usually occur within 24 hours, but this is not always the case. Symptoms to look out for include:

Neck pain and stiffness
Worsening of pain with movement
Numbness in your arms and hands
Loss of range of motion in neck
Nausea
Headaches
Dizziness
Difficulty swallowing
Fatigue
Blurred vision
Neck swelling

You may experience these symptoms immediately after the accident, but they could take days or weeks to develop. A later onset of symptoms doesn’t indicate a more serious injury, but regardless of when pain starts, don’t ignore it. We recommend keeping note of which symptoms you are experiencing and when so that you can tell your medical professional.

DIAGNOSIS & FILING A CLAIM:

Most medical professionals will know what signs to look for after a car accident. However, it is important that they document your injuries and file proper medical records. These will be vital should you choose to file a personal injury case. Properly diagnosing whiplash requires a careful examination by a physician and you should never try to self-diagnose any condition or injury. Once you are diagnosed with a medically documented whiplash injury, do not delay seeking out an experienced personal injury attorney and filing a claim.

WHITESIDE & GOLDBERG, LTD.

Whiplash is a serious issue that can make daily life difficult and painful. Whiteside & Goldberg, Ltd. understands the lasting effects that whiplash can have on a person. Even though most people tend to regard whiplash as “minor”, it can be a very debilitating condition and you deserve to have a law firm by your side that will take your case seriously and fight to get you the compensation that you deserve.

No matter the severity, it is always important to contact a qualified lawyer to help you recover any losses or damages. A neck injury can take a toll on your wellbeing and finances via medical bills, lost income, and overall pain and suffering. We have seen first-hand how car accident injuries can impact a person’s life. Take advantage of our free consultation and remember that we never charge a fee until we win a settlement for you. You can contact us today at by calling 312-334-6875 for the WG Law Group Michigan Avenue location and 815-730-7535 for our Shorewood office.

How to Protect Yourself from A Motorcycle Accident

Mon, 02 Sep 2019 19:52:06 GMT

People often think of motorcycling as a dangerous hobby. Most parents warn their children to never get on the back of one. While it’s true that motorcycles can be dangerous, there are a lot of people who really enjoy being able to drive the scenic routes of Illinois and take in the unobstructed views from the seat of a motorcycle. However, even careful motorcyclists can easily be involved in an accident, often through no fault of their own. You can reduce your chance of being injured in a motorcycle accident by wearing proper safety equipment and practicing safe driving techniques. However, you cannot control the behavior of other drivers. So, whether you are an avid motorcyclist or just a concerned citizen, it’s important to learn the factors that can lead to motorcycle accidents so that you can help prevent them.

S AFETY CONCERNS

It’s no question that motorcycle accidents are an issue. They can be caused by a number of factors, including car drivers not seeing a motorcyclist on the road. In fact, the fatality rate for motorcyclists in 2016 was six times the fatality rate for passenger vehicle occupants, with deaths occurring nearly 28 times more frequently. According to the National Highway Traffic Safety Administration (NHTSA), in 2016 there were 5,286 motorcyclists killed, an increase of 5.1% from 2015. It is your responsibility as a motorcycle driver and/or passenger vehicle sharing the road, to know the risk factors that can cause these accidents.

Due to the nature of motorcycles, they are far less safe than enclosed vehicles for a few reasons:

Low visibility- motorcycles are not nearly as visible to other drivers compared to enclosed vehicles. It can be easy to miss a motorcycle in your blind spot. Motorcyclists often change lanes quickly and maneuver around vehicles in a way that can make it difficult to see them.
Less stability- motorcycles don’t have the same ability to balance as well as cars with 4 wheels. If a motorcyclist were to run over something in the road or get caught in sudden storm, it could be difficult to regain balance.
Lack of protection- motorcyclists have nothing to protect them from the elements. They can be left defenseless to road hazards or dangerous weather conditions. Even with the proper safety gear, motorcyclists are prone to a number of injuries because they are out in the open instead of being in a protective steel cab.

MOTORCYCLE DRIVING TIPS

It’s not just the inherent nature of motorcycles that can cause accidents. There are also preventable driver actions that can cause accidents such as:

Left turns- it’s important to pay close attention to any vehicle who could be taking a left turn, but especially a motorcycle. It can be difficult to see their turn signal and if the passenger vehicle is the one taking a left, it can be difficult to see if there is a motorcycle in your blind spot.
Speeding & Reckless Driving- Accidents can occur when either motorists or motorcyclists drive aggressively, speed, drive inattentively, switch lanes quickly or without signal, or tailgate the vehicle in front of them.
Driving under the influence- alcohol use is one of the highest leading causes of motorcycle accidents. According to the NHTSA , in 2016, motorcycle riders involved in fatal crashes were found to have the highest percentage of alcohol-impaired drivers than any other vehicle types. 25% of all motorcycle riders killed were alcohol-impaired.

COMMON ACCIDENT INJURIES:

As explained above, motorcyclists are more vulnerable to injury than other motorists because they are relatively unprotected while sharing the road with much larger vehicles. According to the CDC , these are the most common injuries in non-fatal motorcycle accidents:

Lower extremities- The CDC found that majority (30%) of all non-fatal motorcycle injuries happen to the legs and feet. Cuts, bruises and abrasions are common, but riders suffer a number of fractures and sprains as well. Additionally, these are the least likely areas to be equipped with real protection.
Head and neck- These injuries represent 22% of the most common motorcycle crash injuries. These are often the most serious and usually occur because many motorcyclists still don’t wear helmets. Traumatic head injury is the cause of many fatalities and long-term cognitive issues. Whiplash and other soft tissue injuries are also an all too common result.
Spine- Motorcycle accidents usually cause riders to be thrown from their bikes. These impacts can easily harm the spine, sometimes causing paralysis or otherwise impairing mobility.
Upper Extremities- Injuries to the upper body are also common but can be easily prevented. Often times when riders are thrown from their bikes, they hit the ground first with their hands in an effort to catch themselves. This not only causes “road rash”, but it can also send a brutal force up the arms and break bones.

WHITESIDE & GOLDBERG, LTD.

Major life-threatening injuries can happen anywhere on the body after a motorcycle accident. Realistically, no one part of the body is considered “safe”. As a rider, you can decrease the severity of your injuries by investing in quality protective gear and always remember to wear your helmet.

A motorcycle accident can result in serious and often permanent injuries, costly medical bills, and lost income. If you are involved in a motorcycle accident, you need to seek immediate medical care and legal counsel. Whiteside & Goldberg, Ltd. works with those who have been injured in a motorcycle accident to help them recover damages for their injuries and get their lives back on track. Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve.

They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Slip & Fall Accidents: Risk Factors, Causes and Settlements

Tue, 27 Aug 2019 19:54:00 GMT

Slip and fall accidents can often be portrayed through funny YouTube videos or as the punch line of a joke. In movies, people laugh when someone slips on a wet floor, slips a banana peel, falls off a latter, etc. It’s all fun and games, unless you are the one falling. In fact, about 9.2 million people were treated in emergency rooms for fall-related injuries in 2016. On any given day, you could slip on a slick spot or catch your heel in a sidewalk crack, falling hard and hurting yourself. Slip and fall accidents are quite common, but especially for those 65 years of age or older.

According to the CDC , 3 million older people are treated in emergency departments for fall injuries each year. These incidents are common at home, at work, in a store or in a neighbor’s home. They can cause serious, life changing injuries and are never funny in real life. Everyone should understand who is most at risk for these accidents, what causes them, and know what to do if they are a slip and fall accident victim.

WHO IS MOST LIKELY TO SUFFER?

The Elderly

Almost anyone can be the victim of a slip and fall, but the elderly is the most vulnerable age group. According to the NCOA , “Falls are the leading cause of fatal and non-fatal injuries for older Americans. Falls threaten seniors’ safety and independence and generate enormous economic and personal costs.” As people age, they often suffer vision problems, lower body weakness, fragile bones, and even difficulty walking and balancing. Seniors are at risk of serious bone fractures that can compromise the quality of their lives. At least 300,000 older people are hospitalized for hip fractures each year. In fact, half of seniors who are hospitalized due to a hip fracture never fully recover from the injury. More elderly people die from the injuries sustained in a fall than those in any other age group.

Workers

For workers’ compensation alone, slip and fall accidents cost companies upwards of $70 billion a year. Slip and fall accidents are the main cause of worker’s compensation claims. Most of which are caused by slick floor slip and falls at work. Workers suffer from a number of slip and fall incidents, and these accidents are the main cause of missed work days. When you calculate the missed work days on top of the $70B that companies already spend, the real cost of slip and falls to American companies is about $100 billion. However, it’s not just the employees that have costly slip and falls. The average non-employee slip and fall costs companies way more than a workers’ comp claim. The average cost of a single slip and fall incident by a customer is just over $23,000.

People often picture slip and falls as involving heights, but that is not usually the case. Slip and falls don’t have to involve multi-level buildings and can easily take place in a single-story building. These accidents are shockingly common and can happen anywhere. Almost no one gets through life without slipping and falling numerous times.

COMMON CAUSES OF SLIP AND FALL ACCIDENTS

Indoor Causes

While property owners are not responsible for every fall that customers or visitors may experience inside their buildings, it is in their best interest to prevent them. Business owners are expected to fix potential hazards in a timely manner. A slippery floor, torn carpet, missing handrails, some cracked tile: these are all potential slip and fall accidents. Property owner could be liable if you slip and fall as a result of their negligence. Other potential causes of indoor accidents include:

Failing to provide warnings about wet floors
Using an excess amount of floor wax
Debris/trash in the walkway or stairs
Uneven floorboards
Inadequate lighting
Crowded stairwells

If some interior problem could cause an accident, the property owner needs to fix it as soon as possible. If you are a business owner or a third party involved in a slip and fall accident, it is important to seek out a professional personal injury attorney immediately.

Outdoor Causes

Most of the time, outdoor causes are due to causes out of anyone’s control. However, property owners are expected to perform regular maintenance on their buildings and grounds, although they are not responsible for every possible hazard. No one can create a risk-free environment, but they should do everything in their power to minimize risk. Common causes of outdoor slip and fall accidents include the following:

Weather conditions: snow, rain, hail, and especially ice, can make surfaces slippery and lead to dangerous slip and fall accidents
Lighting conditions: businesses that fail to provide adequate lighting can be liable for slip and fall accidents.
Parking areas: many conditions in parking garages and lots can lead to potential accidents. Dim lighting, oil spills, uneven pavement, etc.
Sidewalks: owners can be liable for poorly maintained sidewalks or driveways.

As you can see, there are a lot of ways in which slip and fall accidents can happen outside of a business. However, the business owners can still be liable.

Generally, it’s usually easier to find the owner liable for indoor slip and fall injuries as opposed to outdoor slip and fall injuries. Many personal injury cases require detailed analysis of all factors that could have played a role in an accident. If you own a business that is being sued, or you were the victim of the fall, it is important to speak to a qualified personal injury attorney as soon as possible.

SEEKING LEGAL ACTION

Whether you are a customer at a store or a worker injured on the job, slip and fall injuries often lead to legal action. An experienced personal injury attorney can advise you if you have a case or not. Determining fault in these accidents can be difficult and requires a skilled attorney. Whether you’re the victim, or the owner of the premises, you’ll be needing the expertise and input of a lawyer. Whiteside & Goldberg can represent you in court and ensure that you understand all the legal options available to you. For more information, take advantage of their free consultation . We never charge a fee until we win a settlement for you. Contact us today at by calling 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

What You Need to Know About Illinois Rear-End Collisions

Mon, 19 Aug 2019 20:07:24 GMT

Anyone who has ever driven through Illinois most likely noticed the difference in roadways and driving conditions throughout the state. Majority of Illinois consists of sprawling farmland and straightaway highways. It is not uncommon for motorists to be going upwards on 80 mph on these roads which can lead to very dangerous rear-end collisions. However, the city of Chicago also presents an opportunity for lower-speed accidents to happen in heavy traffic or crowded intersections.

A rear-end collision is one of the most common types of car accidents, and it’s almost impossible to avoid when it’s happening. Unfortunately, that doesn’t make its effects any less devastating. According to the Illinois Department of Transportation , rear-end collisions comprise the highest number of injury crashes in 2017 totaling 19,990 injuries in just 1 year. No matter the severity of the accident, it is important to know the most common causes and injuries so that you can be prepared.

COMMON CAUSES

There are many reasons in which a rear-end accident can take place. However, the most common in Chicago are:

Speeding- long straightaway roads often tempt drivers to speed whether it’s intentional or not. The best way to avoid being involved in an accident due to speeding is to use your vehicle’s cruise control option, if it is available.
Distracted driving- whether you are taking in the great views that Illinois has to offer, texting, or messing with the radio, it’s easy to miss the vehicle in front of you coming to a sudden halt if your eyes aren’t on the road.
Faulty brakes- even if you are not a victim of the scenario described above, the condition of your breaks can be the difference between stopping on a dime and a life changing rear-end collision.
Tailgating- this is a term often used when one car is driving too closely to the back bumper of another. It’s easy to see how this dangerous practice could lead to a rear-end collision by not allowing enough room for both vehicles to quickly come to a safe stop. The best way to avoid a rear-end collision caused by tailgating is to always leave enough space between you and the vehicle in front of you so that you could both come to an unforeseen stop without colliding.

WHIPLASH

One of the most common injuries after a rear-end collision is whiplash. Whiplash is caused when the neck is suddenly jerked in a back and forth motion. The body is unable to brace the spine and neck at the moment of impact. Signs of whiplash include :

fatigue
tenderness in the neck, shoulders, and upper back
dizziness
neck pain/ stiffness that usually gets worse with movement
loss of range of motion in the neck
headache
numbness or tingling in the arms or hands

While some whiplash symptoms can appear right away, others are not apparent for hours or even days after the incident. Neck pain, headaches and stiffness are commonly experienced by rear-end accident victims, sometimes before you even leave the scene. You may also experience shoulder pain, limited neck motion, dizziness or tingling in your arms. It is not uncommon for extreme fatigue to develop after a whiplash injury. In severe cases, you may suffer from memory issues and blurred vision among other debilitating symptoms.

SPINAL INJURIES

Other spinal injuries can result from rear-end collisions, and some can be quite serious. A patient’s spine may be fractured, or they may have a broken, slipped, or herniated disc in their spine. These injuries may cause several symptoms:

numbness, tingling, or other losses or changes in perception
difficulty breathing or walking
exaggerated reflex responses
back pain, including dull or sharp pains and referred pains
a feeling of pressure in the spine
loss of control of the bladder and/or bowels
paralysis

All spinal injuries should be taken seriously after rear-end collisions. If you suspect that you may have a spinal injury, it’s important to get examined and treated as soon as possible.

CONCUSSIONS

According to the CDC , “A concussion is a type of traumatic brain injury—or TBI—caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth.” Symptoms of a concussion include :

headache or a feeling of pressure in the head
confusion, sluggishness, or loss of memory
fatigue
slurred speech
nausea or vomiting
ringing in the ears
sensitivity to light and sound

Typically, the easiest way to tell if a person had a concussion was loss of consciousness followed by dilation of the eyes. However, many concussions can happen while the victim retains consciousness the entire time. Additionally, symptoms sometimes show up long after the accident, or one the concussion seems to have gone away.

Concussions are relatively common, and doctors used to treat them as a mild injury. However, recent evidence has caused doctors to reevaluate concussions as more serious conditions. If a patient suspects they have or have had a concussion, it’s a good idea to seek medical help as soon as possible.

NEXT STEPS AFTER A REAR-END COLLISION

The first thing you should do after a car accident is call an ambulance, even if the people involved feel fine. The EMTs will be able to check everyone out, and may offer advice on treatment to seek, transportation to the hospital or best practices for dealing with minor injuries.

Along with receiving prompt medical care, it is important to contact a law firm that is knowledgeable in rear-end collisions. In Illinois, there is a legal presumption that the person who physically rear-ended the driver in front of them is at fault. However, WG Law Group has successfully worked on numerous Illinois rear-end accident cases. They know that there are many different scenarios that can lead to a rear-end collision. It is of the upmost importance to get to the bottom of who or what actually caused the accident to help victims of rear-end accidents get the compensation that they deserve.

You can get a sense of your legal position by taking advantage of their free consultation . Your current finances should not stop you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.

The Dangers of Distracted Driving in Illinois

Mon, 12 Aug 2019 20:09:17 GMT

With the advancement of technology, it’s possible to turn your car into an office on wheels and get Wi-Fi almost anywhere. Everything has “gone mobile” and the use of cell phones while driving has sky rocketed. According to the National Safety Council , at least 9 Americans die and 100 are injured each day in distracted driving accidents. Teenage driving and distracted driving are two major causes of motor vehicle accidents. Often the two causes overlap, with younger drivers often being guilty of distracted driving to a greater degree than their parents. Everybody knows that texting and driving is a dangerous habit, yet they do it anyways. Read on to learn ways that you can decrease your risk of being involved in a distracted driving accident.

T EENAGE DRIVERS

According to the U.S. National Highway Traffic Safety Administration, car accidents are the leading cause of death for teenagers in the U.S. In fact, teenagers accounted for the highest percentage of drivers reported as “distracted” at the time of deathly car accidents in 2016. TeenSafe , a smartphone control and monitoring service, claims that texting and driving raises a teenager’s risk for being involved in a car accident by 400 percent.

When these young drivers have passengers, they tend to become distracted, and their risk doubles for being involved in a fatal driving accident. A 2016 AAA Foundation for Traffic Safety study found that the presence of other teen friends in the car is an even greater distraction than cell phones. Experts also report that teens tend to underestimate driving dangers, including cell phone usage, poor road conditions, and other driving challenges.

Teenagers routinely practice dangerous driving behaviors. In fact, 32.8% of high school students have texted or emailed while they drove, and 56% of teens have talked on cell phones while they were behind the wheel. Almost half of those 12 to 17 have ridden in a car when the driver was texting. It is now more important than ever that parents make educating their children about the dangers of distracted driving a top priority.

IS HANDS-FREE THE WAY TO GO?

Illinois law prohibits the use of handheld cellphones, texting or using other electronic communications while operating a motor vehicle. However, according to the National Highway Traffic Safety Administration, around 660,000 drivers are using cell phones or other mobile devices as they drive each day. In most cases, young drivers between the ages of 16-24 are the guiltiest of this practice. All drivers, no matter their age, should put down the cell phone while driving.

Many people think that opting for hands-free alternatives, such as a Bluetooth headset or voice activated commands, is safer, but this behavior can still be dangerous. Illinois State Police warns that, “using hands-free technology such as a headset or voice activated controls is considered a distraction while driving and can be dangerous. If a driver must make a phone call, even with hands-free technology, it is recommended the driver pull off to the side of the road before making the call.” Anything that takes your attention off the road and away from other drivers increases your chance of being involved in an accident. Anyone who causes an accident due to distracted driving may face criminal penalties and jail time.

Additionally, the ISP notes that using the speaker phone option while still holding onto the phone is not considered “hands free” and is against Illinois state law.

However, there are certain instances in which an Illinois driver can use a cell phone that is not considered “hands free”. Those reasons include:

To report an emergency situation
While parked on the shoulder of the road
While stopped due to normal traffic being obstructed and the vehicle is in neutral or park

HOW TO AVOID DISTRACTIONS

Sometimes distractions are unavoidable, but most of the time, drivers are making a conscious choice to allow distractions while driving. Here are some steps that you can take to become a more aware driver:

Limit interaction with passengers
Avoid talking while driving
Don’t take your eyes off the road
Keep both hands on the wheel
Don’t multitask while driving
Don’t mess with the radio
Pull over to eat, drink, or care for children

If you do find yourself in a situation that absolutely requires you to use your phone, pull over to a safe place. Also, get comfortable with your phone’s controls in case a call is unavoidable. It is always a good idea to turn your phone off before you drive so you won’t be tempted to use it. Many phones nowadays include a do not disturb feature that can often automatically detect when you are driving. Some phones can even respond to your texts for you letting the person on the other side know that you will get back to them when you are not driving.

WHITESIDE & GOLDBERG, LTD.

Even if you do follow all of the advice in this article, it is still very possible to find yourself in an accident caused by distracted driving. Proving fault in a distracted driving case may sound simple, but it is often a complex matter that requires the diligent work of an experienced law firm. Contact WG Law Group if you or a loved one are a victim of a distracted driving accident in the Chicago area.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle a distracted driving case without an excellent attorney by your side.

Back-to-School Accidents to Avoid

Mon, 05 Aug 2019 20:12:09 GMT

Even though it may feel like summer is coming to an end, the actual end date isn’t until the end of September, so there is still plenty of summer weather to be enjoyed. However, many kids are going back-to-school and there are precautions that should be taken to avoid injuries during this exciting time of year. Chances are at least one member of your family will have some sort of summer injury. Swimming, sunning, travel and even yard care are popular summer activities that can cause a number of easily avoidable mishaps that can keep you away from the fun and stop you from working. As school starts, early morning traffic increases, school area speed zones are back in effect, and pedestrian crossings are full. As a driver, you are exposed to a number of difficult traffic situations. This summer, limit your accident downtime by taking some simple precautions.

S CHOOL ZONE INCIDENTS

According to Safe Kids Worldwide , distraction and other forms of unsafe street crossing behavior are growing risks for travelling within school zones. Statistics show that 25,000 children are injured annually in school zone accidents. Additionally, there has been a 13% increase in the pedestrian death rate for 12-19-year olds since 2013.

Distracted walking accounts for many of these accidents, with children texting, listening to headphones or otherwise looking at electronic devices while in these crossings. Distracted walking is observed it in 1 in 4 high school students and 1 in 6 middle school students. Both students and parents should put away their electronic devices while walking anywhere. Children should always keep their phones in their backpacks while crossing the street and parents should be sure to only drop their kids off in designated drop-off zones.

Speeding also contributes to these accidents. While only 4 in 10 school zones have speed limits of 20mph or less, it’s the driver’s responsibility to slow down while school is in session, especially if children are present. According to Safe Kids Worldwide , “When a car is going 35 mph and hits a pedestrian, the risk of death is 30% and of significant injury 64%. However, keep the speed limit at 15 mph and the risk is reduced to 5% for death and 10% for severe injury.”

SCHOOL BUS ACCIDENTS

School bus accidents sent an estimated 17,000 children to hospital emergency rooms each year, but only around 40% of those injuries are caused by traffic accidents. Most school bus accidents happen when children are standing near a bus, getting on and off a bus, etc. Most of the injuries that are incurred are minor. Very few children die each year as a result of a school bus traffic accident. School districts usually provide adult monitors when buses are loading and unloading, but parents can help by stressing bus safety to their children.

School buses are actually quite safe due to their design and laws enacted to protect their passengers. Children are 70 times more likely to arrive at school safely when they take the bus as opposed to riding in a car.

CAR ACCIDENTS

Summer is a very popular time for cars to be on the road. Whether it’s a summer road trip or commuting to a summer job, more people tend to be on the road during the summer, which means your chance of being involved in an accident is higher. In fact, most car accidents happen between June and November for a variety of reasons:

Foreign Drivers– People from out of town driving in a new city may be looking at a map or distracted with a GPS.
Inexperienced Drivers– High school and college drivers that haven’t gone back to school yet will be on the road more often than usual. Lack of driving experience can lead to more accidents. This means you have to drive defensively at all times.
Holiday Travel- If you travel for holidays or to visit family, consider leaving a day or two early in order to avoid peak travel times. Have your car serviced before hitting the road so you can avoid breakdowns

SPORTS INJURIES

Summertime sports like baseball and softball can lead to a number of injuries, including sprains, strains, and fractures. You are more prone to these problems if you don’t remain active all year long. Before exerting yourself on the golf course or ball field, make certain you stretch appropriately and wear the proper protection. Slowly increasing your activity level will help you prevent many muscle and tendon related injuries.

OVERHEATING

Everyone looks forward to the sunshine after a long cold Chicago winter. However, it’s important to know your limits when it comes to the sun, and heat in general. Heat exhaustion and heat stroke are very dangerous and can quickly incapacitate you.

If the temperature and humidity levels are high, it’s possible to experience heat exhaustion if you are physically active. Symptoms of heat exhaustion include: faintness, dizziness, rapid pulse, nausea, and headache. If you begin to feel this way, the best thing to do is hydrate and rest in a cool place immediately, as well as seek medical advice if the symptoms linger for an hour or more.

On the other hand, heat stroke is more dangerous and can become life threatening. This happens when your core body temperature hits 104 F or higher. Heat stroke can cause brain damage or even death. It is crucial to get immediate medical attention if you suspect heat stroke. This is a common condition for those working outdoors such as construction workers or landscapers.

One way to prevent these heat-related issues is by staying indoors during high temperature times of the day. Additionally, you can wear loose light-colored clothing, and stay well-hydrated.

WHITESIDE & GOLDBERG, LTD.

Summertime means more fun, but it also means more accidents. Stay safe on the road, in school zones, and in the heat by following some basic safety measures. Summertime accidents can range from a sports injury to a deadly car accident. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. take advantage of their free consultation and remind you that they never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the WG Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office.

How Much Is A Car Accident Lawsuit Worth?

Tue, 23 Jul 2019 20:25:03 GMT

The annual cost of car accidents in the United States is $230.6 billion, which comes to $820 for each person. Even a minor accident can cost you thousands in medical bills, depending on who is at fault and the coverage provided by insurance policies. Unfortunately, medical bills will not be the only expense you’ll face after a collision.

W hen you are injured in an accident, your first concern is for the people involved. You have to consider your injuries as well as those of passengers in your car and those in the other vehicle. When you are able, you will begin to worry about the cost . Even those of with a comfortable income need to worry about medical expenses because they can be incredibly high. Although you probably have automobile insurance, you may end up missing work and losing valuable income. Plus you may have difficulty adjusting emotionally. These cases are complicated, and often, the best way to protect yourself financially is to have a personal injury lawsuit filed for you by an experienced attorney.

COST FACTORS

Your settlement will depend partly on the expenses you incur. The cost of your accident varies according to a number of factors, including the seriousness of the crash, the property damage suffered by you and the other driver, the number of injured people, the severity of the injuries and the cost of both vehicles. A crash involving ten-year-old compact cars will be less costly than one involving high-end sports models. If no one was seriously injured, the accident will also be less costly. A collision resulting in a lengthy hospital stay and rehabilitation facility will be much greater.

DAMAGES

When you are involved in an accident, you incur several types of damages, including economic, non-economic and punitive. Economic damages include the cost of medical treatment, property repair and lost wages. These costs are easy to prove because you will have invoices and pay stubs to back up your claims.

Establishing these costs may take months, however. If you have suffered a serious injury, you may not know the total for some time since medical bills will be ongoing and your return to work uncertain. Some long-term costs may need to be estimated since medical treatment can continue for years in some instances.

Non-economic damages are harder to prove since they include items such as pain and suffering. These problems are real but rely on human beings to determine. There is no perfect way to calculate non-economic damages, so both sides in a lawsuit may argue this issue vigorously. Ultimately, a judge or jury may need to decide.

Punitive damages are those meant to punish the at-fault party for negligent behavior such as extreme speeding or distracted driving. These damages are awarded less often in auto accident cases than they are in other lawsuits, but they may be appropriate in your case.

FAULT

Your settlement may also depend on the applicable negligence laws . In Illinois, the law allows for comparative negligence, which means that you and the other driver can both be found partially at fault. If you are determined by law to be more than 50% at fault, you cannot recover any amount under the statute. If you are found to be 50% or less responsible, that amount will be subtracted from any settlement. In no-fault states, no one can collect damages due to negligence, so Illinois residents do have an advantage in these matters.

SETTLEMENT AMOUNTS

A good personal injury lawyer won’t make promises about the amount of your settlement, especially early on. The medical bills, loss of wages, etc. need to be calculated. Also, they need to know what the insurance company is offering as a settlement. Many of these cases are settled out of court, but it’s possible that your case may need to go to trial. In short, don’t expect a fast settlement, especially if the accident included severe injuries.

A common settlement amount would be three times your medical bills. So, a judge or jury might decide that your settlement amount should be $60,000 if your medical bills were $20,000. But once a judge and/or jury is involved, they are free to award any amount for pain and suffering that they deem fair. If none of the fault was yours, the settlement will obviously be higher. Of course, your attorney fees will come out of that monetary amount.

So the answer to “How much is my accident worth?” is “It depends.” That answer may not be very satisfying, but many different factors go into determining the amount you are awarded. Getting a skilled and experienced personal injury attorney is vital to your interests.

WG LAW GROUP

Since Illinois drivers live in a comparative negligence state, they are at an advantage to those in a no-fault state. However, determining fault is tricky. Fortunately, when you are involved in a car accident in Illinois, you have access to excellent legal advice. The legal experts at WG Law Group have favorably settled hundreds of cases and can advise you on the best strategy for receiving a fair settlement amount. Automobile accidents can cause immeasurable suffering and financial distress. You need someone prepared to battle for your interests.

WG Law Group treats everyone with respect and strives to provide individualized treatment. They make certain that you are fully informed during every step of the process. In fact, they urge you to take advantage of their free consultation form that is conveniently located on this website. You do not have to worry about payment now since you are not billed until they secure a settlement for you. If you’ve been involved in an accident, don’t wait. Contact them today by calling 312-334-6875 for the WG Law Group Michigan Avenue location or 815-730-7535 to reach their Shorewood office.

When to Seek a Trucking Accident Attorney

Tue, 23 Jul 2019 20:15:10 GMT

The fear of colliding with a large truck is justified. If sharing the road with these vehicles scares you, it should. While any vehicle collision can have devastating effects, in a trucking accident, the damage is multiplied. Both physical and property damage is much worse due to the huge difference in weight between passenger vehicles and commercial trucks. The family sedan or even SUV is no match for these huge vehicles, so anytime you are involved in a traffic incident with one, you will come out on the losing end.

The statistics are frightening. In 2017, over 4,761 people were killed in large truck accidents, with the vast majority of victims being those in the other involved vehicle. Thousands more were seriously injured, including the truck drivers themselves. When you are involved in an accident with a large truck, chances are you will suffer some injury and your own vehicle may well be destroyed. Hiring a personal injury attorney might be the only way to get the financial relief you need.

INJURIES

If you suffer a significant injury during a truck collision, you should definitely seek the advice of an attorney. You cannot trust the insurance companies to take your long-term and short-term medical needs into consideration. An accident with a commercial truck can easily cause a traumatic brain injury (TBI), leading to cognitive issues such as memory loss and attention difficulties. Recovering from this type of injury can easily be a lifelong process, one that can affect your ability to earn a living and participate in normal daily activities.

A truck collision can also lead to bone fractures, another injury that can compromise your quality of life for the long term. Even soft tissue injuries such as neck sprains (whiplash), can cause chronic pain and loss of mobility. All of these injuries are commonly associated with traffic accidents, particularly those involving big trucks. Even so-called minor injuries may result in long-term physical problems that are not always immediately apparent. That’s why it is always wise to consult an attorney after these types of accidents.

INSURANCE COMPANY TACTICS

Insurance companies are in business to make money. As a result, they will attempt to settle for the absolute minimum amount of money possible. Unless you are personally well-versed in the law, you can be taken advantage of by these companies. For instance, the insurance company may try to assign the accident fault to you when you thought you were clearly the victim. Illinois is a comparative fault state, so even if the truck driver was making a too-wide turn, their insurance company might say that you were following too closely and are 50% to blame. Such a finding would greatly reduce the amount of any settlement you receive. Some common problems with insurance companies include:

Incomplete investigations – they may render a judgment without launching an in-person investigation.
Misrepresenting the law – Some companies use their “authority” to mislead people about the law.
Denial of valid claims – Some companies deny claims multiple times hoping the victim simply gives up.
Threatening claimants – Some truly bad companies may pressure you to drop your claims or face legal action from them.

Insurance companies are unlikely to pursue these strategies when you have proper legal representation. They save their tactics for people who are inexperienced when it comes to the law.

A skilled personal injury attorney knows how much compensation you should receive and understands the methods used by insurance companies to reduce their payouts. They know how to properly gather documentation of your injuries, your medical bills and your pain and suffering in order to negotiate a fair financial settlement. And in the event that a lawsuit is necessary, they will file it for you and take it all the way to court if they need to.

RECOVERY

As an accident victim, you need time to concentrate on your recovery. Trying to negotiate a settlement on your own is stressful and time-consuming. As a result, you may be tempted to settle for less than you should simply to get the process completed. When you hire the right law firm, they will manage the case for you. You will be freed from dealing with all the details and paperwork so you can heal in peace. In addition, when you hire the right law firm, you can count on getting the type of settlement that you need. In Illinois, WG Law Group is the firm you need.

WG LAW GROUP

After a collision with a large truck, you may be seriously injured and consumed by medical bills and loss of income. Although you might be used to managing your own affairs, it’s wise to put your case in the hands of the excellent personal injury lawyers at WG Law Group. They understand the complexities of motor vehicle accidents, including those involving large commercial trucks. They also have years of experience in dealing with insurance companies that want to pay out less than you should receive. They cut through the red tape and deliver the best settlement possible.

At WG Law Group, your individual needs are taken into account. They study your case closely and explain all the details to you. WG offers you a free consultation so that you understand the legal process and the strength of your case. If finances are tight, you don’t have to worry. The firm will not charge you a thing until they secure a settlement for you. If you’ve been involved in a large truck accident, you need legal help. Contact WG Law Group today by calling 312-334-6875 for the Michigan Avenue location or 815-730-7535 to reach the Shorewood office. No one should face insurance company red tape alone.

The Difference Between a Third Party Lawsuit and Workers’ Compensation

Tue, 23 Jul 2019 20:13:41 GMT

When you think of dangerous places, you may picture a snake pit, a raceway or your in-laws. Your place of employment may not immediately come to mind. But whether you work at a factory, construction site, office or retail store, you can easily be injured. Each day, one worker is injured every seven seconds while they are on the job. Workplace injuries are common and often quite serious. Some can make it impossible for you to ever return to work. If you are injured on the job, you may be eligible for worker’s compensation or a settlement from a third party. In some instances, you will be eligible for both. It’s important that you understand all of your options and seek proper legal representation so that you receive all the financial compensation you deserve.

W ORKERS’ COMPENSATION

Workers’ compensation is insurance that offers benefits to employees who are injured on the job or who become ill due to “occupational illness.” Workers’ compensation pays for all the medical bills that result from the injury or illness and also covers part of your lost wages. This insurance also provides some compensation in the case of fatal accidents to surviving family members.

Worker’s receive these benefits no matter who is to blame in the accident. However, in return, they are not allowed to sue their employers to receive further financial assistance. In this way, both parties are at least partially protected in the case of workplace injuries and illness. Of course, this situation also means that workers don’t’ always get the financial recompense that they should.

Although you cannot sue your employer, may still need legal help to collect your workers’ compensation. Your claim may be denied or you may be awarded an amount that you feel that you feel is inadequate. In that case, you will have to appeal the decision through the workers’ compensation system in Illinois. This process can be long and arduous, requiring the help of a knowledgeable attorney to successfully navigate.

In Illinois , the law requires employers to offer workers’ compensation to the vast majority of employees. Possible exemptions include sole proprietors, business partners, limited liability companies and corporate officers. State officials estimate that 91% of Illinois employees are covered by workers’ compensation.

Employers who knowingly fail to invest in this coverage face significant fines: up to $500 for each day of non-compliance to a maximum of $10,000. Corporate officers may find themselves personally liable if their company does not adhere to the law. In the last decade or so, the state has collected millions of dollars in workers’ compensation fines.

THIRD PARTY LAWSUITS

Although you cannot sue your employer or a coworker if you receive workers’ compensation, you may have grounds for a third party lawsuit. These claims are against parties involved with your work such as machinery manufacturers, property owners, or other companies working at the same site, something that can easily happen during construction projects. Of course, these lawsuits only have merit if the third party was negligent in some way.

You will need to hire a skilled personal injury attorney to handle this type of case. To win a settlement, you will need to prove that the defendant breached the “duty of care,” owed to the plaintiff. Duty of care is the implied responsibility that a company has to others. For instance, a car manufacturer owes customers a safe product. Property owners owe others a safe physical environment.

Your lawyer will need to prove that the third party’s breach of care led to your injuries. Perhaps a factory crane malfunctioned and caused your injury. Maybe you simply tripped over a loose board that the property owner should have fixed. Any number of issues may be caused by third-party negligence.

WORKERS’ COMPENSATION REPAYMENT

In a third-party lawsuit, you may receive compensation for medical bills, lost wages, pain and suffering and other hardships. If you do receive an award from a lawsuit, you will likely be required to pay back any workers’ compensation money you collected. Otherwise, you would be receiving wages and medical expense money twice. You will then be able to keep the rest of the settlement minus your attorney’s fees. In most cases, a third-party award will be significantly higher than a workers’ compensation settlement.

As with any lawsuit, the amount of money you will receive will rely on a number of factors, including the severity of your injury, the level of negligence of the third-party, and the skill of your personal injury attorney. In Illinois, you should turn to the experts at WG Law Group.

WG LAW GROUP

Workers’ compensation issues can be quite complicated and often require the help of experienced attorneys to untangle. Third-party lawsuits are also complex, so you need a legal expert who knows the ins and outs of Illinois law. If you are injured in the workplace or develop a workplace-related illness, you will need the services of an experienced personal injury attorney. At WG Law Group, they specialize in getting fair compensation in these cases.

WG Law Group has successfully worked on numerous Illinois workplace cases. They understand how devastating these circumstances can be to your health and your finances. Their attorneys aggressively pursue your case through pre-trial negotiation and in the courtroom so you can stop worrying about money and concentrate on your healing.

Types of Auto Accidents and How to Prevent Them

Wed, 03 Jul 2019 20:29:23 GMT

Automobile accidents are a daily occurrence throughout the nation and particularly in the Chicago area. Even the most cautious drivers can be involved in a collision, and in truth, many motorists are not as careful as they should be.

Each year, around 6,000,000 car accidents occur in the United States leading to approximately 3,000,000 injuries. Each day sees over 90 people die as a result of these accidents. Chances are high that you will be involved in a crash at some point in your life. As someone who travels the country’s roads, it’s important that you understand the types of accidents you could be involved in and how to avoid them.

COMMON ACCIDENT TYPES

Accidents have many causes but they tend to fall into only a few categories. Unfortunately, distracted driving contributes to all types of vehicle accidents. Talking and texting on the phone may be illegal, but many drivers still take part in these activities. Driving with children, looking down at the floorboards or rummaging in a bag can also deflect your attention from the road and lead to a collision. The best way to avoid an accident is to keep your full attention on the road at all times. Even then, another driver can run into your vehicle.

REAR-END ACCIDENTS

Rear-end accidents are one of the most common types of collisions, comprising 29% of all traffic incidents. These incidents have multiple causes but are often the result of tailgating or distracted driving. Many people involved in these collisions were not looking at the road when they plowed into the back of another car.

To avoid these accidents, remember the two-second rule . At a minimum, you should be following two-seconds behind the vehicle in front of you. You can determine this spacing by picking out a landmark and counting the seconds between the car ahead passing it and your vehicle passing it. The time should be extended during difficult driving conditions. Sometimes, three or even four seconds is a safer margin.

SLOW-MOTION ACCIDENTS

These accidents occur at a very low speed, often under 10 miles per hour, and usually cause only minor vehicle damage. Of course, these days, even minor damage can be quite expensive to repair. Most occur in parking lots and involve one moving motor vehicle versus one stationary one. Sometimes, two cars may collide while hurrying toward that one choice slot right in front of the store. These accidents are often caused by moving too fast in the parking lot and not checking the view in all directions.

To avoid these accidents, take your time in parking lots and make certain to pull out of slots slowly. Many cars are at least partially obscured by other vehicles in parking lots, making it easy to collide with them. When in doubt, defer to other drivers. Losing a little time is preferable to spending hours with insurance claims because you battled it out over a space at the dentist.

HYDROPLANING

Rainstorms and melting snow can easily lead to accidents. Wet roads can cause your vehicle to hydroplane, which means that the tread of your tires cannot maintain contact with the road and end up riding on a layer of water instead. This effect can easily cause you to lose control of your vehicle. Hydroplaning is a common issue during severe weather, especially if you are driving too fast for conditions.

You can reduce your chance of hydroplaning by decreasing your speed when the pavement is wet. If you feel the car hydroplane, let up on the gas but do not step hard on the brakes. Gently apply pressure until you feel payment under the tread and you have control again.

SIDE-IMPACT ACCIDENTS

These collisions are also known as T-bone accidents for the shape the two cars make after the collision. One car plows into the side of another, often causing serious bodily harm as well as extreme car damage. Usually, these incidents happen at 4-way intersections. These accidents often occur due to inattention or someone trying to “beat” a yellow light. At four-way stops, they may result from confusion about whose turn it is to proceed. In any case, intersections are a prime spot for accidents.

Avoiding these accidents requires paying close attention, particularly when you are at an intersection. Do not try and beat a yellow light since that can put you in the intersection during a light change and at the mercy of an oncoming car. At a four-way stop, don’t do battle with a pushy neighbor even if it is your turn to go through. Asserting your right-of-way isn’t worth chancing an accident.

WG LAW GROUP

Anyone can be in a vehicle collision, especially Illinois drivers who have to deal with challenging driving conditions every day. The city streets and the rural roads both lend themselves to accidents. If you are involved in a car accident in Illinois, you may need the services of an experienced personal injury attorney.

You will find one at WG Law Group. Their legal experts will advise you on the best course of action following your collision.

WG Law Group has dealt with thousands of traffic accidents, including those caused by distracted driving, hydro-planing and intersection confusion. They take a personal interest in your case and guide you through the legal process. These attorneys work tirelessly to get the best resolution possible for your situation.

They invite you to take advantage of their free consultation and remind you that they never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the WG Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. Be certain to get the legal help you need!

What Does a Commercial Liability Policy Protect Against?

Mon, 24 Jun 2019 14:41:10 GMT

Whether you are the owner, manager or customer of a business, you should want the company to be protected by a commercial liability policy . These insurance policies protect businesses against claims for personal injury and property damage caused by a company’s operations or products. Bodily injuries that take place on the premises are also covered. Commercial liability policies are not all the same and don’t cover every single risk that companies face, but they do protect them from a number of claims and lawsuits and the financial devastation they might bring. If you are ever harmed while at a business or because you used their products, your lawyer can help you get a fair insurance settlement.

T YPES OF COVERAGE

The basic types of business liability coverage are claims-made and occurrence policies. When a business has claims-made coverage, the insurance company pays on claims that range from errors in financial statements to employee discrimination to customer injury. Under this type of policy, coverage depends on when the claim is filed and not when the incident occurred. If a company has an active policy in June but the incident occurred in February, it is covered.

Occurrence policies don’t offer a business the same degree of protection because they pay claims that occur within the actual coverage period. If a company has an active policy during 2019, the injury and/or damages from an incident are covered for that period. If the incident occurred before a policy was active, the company will have no coverage.

COMMERCIAL LIABILITY EXCLUSIONS

Commercial General Liability or CGL policies do exclude certain types of claims, including worker’s compensation, professional liability and corporate directors and officers liability. Liability for operating a car or truck for business purposes is also excluded, as well as coverage for pollution resulting from hazardous materials such as gasoline or fertilizer. Businesses that store and/or transport these materials need an environmental policy to protect their interests.

Fortunately, most potential liabilities can be covered by other special policies.

You have probably been involved in a few product recalls during your life. When you buy a food item or other product that is then recalled, the manufacturer should be covered by a special liability policy; otherwise, they won’t be able to cover the massive cost of a recall of items such as children’s car seats, certain vehicle models or even romaine lettuce.

Unfortunately, businesses can easily violate state and federal regulations even when they try to follow the rules. General liability policies do not cover contract disputes and action by government agencies against a business. That situation requires another type of insurance. Businesses will need multiple policies to keep them protected from the majority of liability claims.

PERSONAL INJURY LAWSUITS

Commercial liability coverage is not just for big corporations. Businesses of all sizes need these insurance policies to protect against claims of negligence that resulted in harm to their customers. If the insurance company does not reach a settlement with the injured party, they may choose to file a lawsuit. In that instance, the plaintiff needs to establish three main items to be victorious:

Duty of Care- the responsibility of a business to provide a safe environment.
Breach of Duty of Care- failure to provide that environment through negligence.
Harm- injury caused by the Duty of Care breach.

For instance, you can be injured in a retail store due to broken or otherwise faulty staircases and elevators, poor parking lot lighting, falling merchandise, and rough-edged shelves. One of the main claims against a business’s general liability insurance is for slip and fall accidents caused by wet floors. A business has a responsibility to maintain their property so that a customer exercising reasonable care can safely do business there.

COVERAGE BENEFITS

In addition to protecting the business from claims, commercial liability policies protect the consumer. If you are injured, through no fault of your own, you may be due a financial settlement. Without commercial liability coverage, many businesses, particularly small companies, would be unable to pay large claims made by those who suffered injuries as a result of the company’s negligence. In those cases, filing a lawsuit would be pointless because no money could be recovered. These commercial liability policies protect the company, employees and consumers.

Companies without enough insurance are gambling that they won’t face a major settlement demand or lawsuit. That is a bet they are destined to lose. Even small businesses making around $1,000,000 annually spend $20,000 as a result of lawsuits. Paying for liability insurance is just the cost of doing business in the United States.

WHITESIDE & GOLDBERG

The Chicago area is home to many large corporations and small businesses. Having the right type of commercial liability coverage is essential to their continued growth. Plus, all citizens deserve to be protected from harm caused by a company’s facilities or products. This insurance protects you financially If a business fails to provide a safe environment through negligence and you are injured as a result. If you are harmed or your property damaged at a commercial facility, contact Whiteside & Goldberg. Their expert attorneys are experts at business liability law.

The attorneys at Whiteside & Goldberg have the expertise to get you the settlement you deserve through negotiations with the insurance companies or by taking the case to court. Take advantage of their free consultation offer to learn more about their services. You will pay nothing until Whiteside & Goldberg secures a settlement for you. For more information about commercial liability, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. Only personal injury experts can give you the legal help you need when it comes to commercial liability issues.

Uninsured Motorist/Underinsured Motorist Claims

Mon, 17 Jun 2019 14:43:05 GMT

While all Illinois drivers are required to carry liability insurance (coverage meant to pay damages to other drivers) a number do not. Research shows that around 13.7% of Illinois drivers are uninsured, which is slightly higher than the national average. Of course, many more are underinsured, which means their coverage may not be enough to cover your medical costs and property damage if they collide with you.

I n Illinois, like many other states, motorists are required to carry a minimum level of uninsured motorist insurance coverage. This law offers you some protection when you are involved in an accident with an uninsured driver, although the minimum limits are only $25,000 per person and $50,000 per accident. Accidents are traumatic and expensive and minimum coverage often doesn’t provide enough financial compensation. That’s when you need the advice of an experienced personal injury attorney.

UNINSURED DRIVER CLAIMS

If an uninsured driver is at fault in your accident, you would first file a claim against your own insurance policy. If the accident is minor or you are carrying more than the minimum insurance amount, your insurance payout may cover the damage. If it doesn’t, you may be stuck with the difference.

Suing an uninsured driver is often not worth the trouble since people who don’t have coverage generally do not have much money. Of course, there are exceptions. Some drivers accidentally let their policies lapse through carelessness or during stressful periods in their lives. Others don’t think they should be forced to buy anything. Still other drivers believe they are invincible . After all, they’ve avoided accidents for years – why would one happen now? In these cases, you may be able to collect by suing the other driver. Your attorney will advise you on whether you should seek damages or accept that they aren’t recoverable.

UNDERINSURED DRIVERS

Underinsured drivers are also a serious problem since the minimum coverage limits are often not enough to pay for any serious injury or even damage to a more expensive vehicle. In 2018, the average price of a new vehicle was more than $35,000. If another driver totals your new vehicle, their policy may not be enough to cover the car or truck damage much less any medical issue you may have.

To protect yourself in this instance, you need underinsured motorist insurance, something that Illinois encourages but does not require. When you are looking for car insurance, the insurer will give you an option to buy only the minimum uninsured motorist coverage, which doesn’t include underinsured coverage. You may also choose uninsured motorist coverage that that is greater than the $25,000/$50,000 minimum, which automatically gives you underinsured coverage. In any case, you may select uninsured coverage that is as high but not higher than your bodily injury liability coverage amount.

Imagine that you just purchased a brand new Shelby Mustang (with all the options), drove it off the lot and were immediately struck by a late model compact with minimum liability insurance. Even if you are not injured, the at-fault driver’s policy may not be enough to fix your new car. If you don’t have adequate underinsured driver coverage yourself, you may be facing a huge loss. If you are involved in an accident with an uninsured or underinsured driver, you need the advice of an Illinois attorney.

GETTING THE RIGHT INSURANCE COVERAGE

Illinois drivers are lucky because they pay less than drivers in many other states. The average policy costs $1,120 annually, which is 21.6% less than the national average. These lower rates are a factor in the number of uninsured Illinois drivers, which is also lower than that in a number of other states.

Still, some drivers choose the legal minimum to save money. Experts recommend that each policy’s liability coverage should include $100,000 for injuries per person, $300,000 for total injuries per accident and $50,000 for property damage per accident – a much higher level of coverage than Illinois demands. The legal minimum is just not enough to protect either driver.

FILING A LAWSUIT

Your attorney may decide that filing a lawsuit against the uninsured driver is worth the time and money. If you can prove the other driver was at fault, the court may find in your favor and enter a judgment against them. If the other motorist has assets, you may be able to collect on the judgment. If they have little in the way of money or property, collecting may be impossible. Suing an underinsured driver may have similar results. A legal professional will be able to advise you on whether a lawsuit is practical in your case.

WHITESIDE & GOLDBERG

Illinois drivers know how to handle tough road conditions, and they share the road with all kinds of vehicles, including SUVs, sports cars, trucks and farm equipment. The urban roads are crowded, and the rural roads can be narrow and curvy. Accidents happen all the time, and often an uninsured or underinsured driver is involved. You can end up being injured and not able to get the compensation that you deserve. If you are struck by an inadequately insured driver in Illinois, contact Whiteside & Goldberg. Their experienced attorneys will advise you on the best course of action.

Whiteside & Goldberg understands Illinois traffic and insurance law. They will guide you to the most prudent way to proceed and file a lawsuit when it’s necessary to protect your interests. For more information, take advantage of their free consultation . The firm never charges a fee until they win a settlement for you. Contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Common Types of Semi-Truck Accidents

Tue, 11 Jun 2019 14:44:37 GMT

Like many drivers, you may be nervous when you have to drive near big trucks. Sharing the road with these giant vehicles is necessary, however. The trucking industry is essential to commerce in the United States. In fact, trucks move approximately 71.5% of the nation’s freight by weight. By necessity, these vehicles are often huge, hitting a maximum weight of 80,000 lbs. And although truck drivers are generally quite safe drivers, the size of their trucks and trailers often makes them deadly in collisions. When you share the road with big trucks, you have to drive defensively and be aware of the common types of semi-truck accidents.

T RUCKING ACCIDENTS

Big trucks present a number of driving challenges, and they are frequently involved in the following types of accidents:

JACKKNIFING

When a big rig jackknifes , the trailer ends up in a 90-degree position to the cab, which blocks several lanes of traffic. When a big truck is in this position, it can cause a number of serious or even fatal accidents. In many cases, a multi-car pileup results.

A jackknife often occurs due to slick roadway conditions or incorrect braking, causing the trailer wheels to slide or lock and forcing it to swing away from the cab. Jackknifing is more likely to happen when a truck is carrying a light load because it will have less traction. Also, improperly maintained equipment, driving too fast for conditions or following another vehicle too closely may contribute to these accidents.

ROLLOVERS

Rollovers are another common and deadly big truck accident. You may believe that these accidents are usually caused by weather conditions or speeding, but most of them, approximately 75%, are the result of driver error. Some other triggering event usually precedes the rollover, such as drowsiness or drifting into another lane. The driver may overcorrect or suddenly brake, causing the truck to tip and roll over.

Tanker drivers are vulnerable to rollovers, particularly if they are carrying a partial load. The liquid sloshes up the sides of the tank, causing the truck to tilt to one side or the other. Driver attention, speed management and brake maintenance greatly reduce the chances of a rig rollover.

RIGHT TURN ACCIDENTS

When a big rig is turning right , it usually takes up two lanes. Accidents often happen when the truck driver turns right while in the outside turning lane and a car is in the inside lane. In that instance, the trailer can easily hit the car, or the car can become trapped between the drive tires and the trailer tires.

Drivers making that maneuver usually block both lanes with the end of the trailer so that other vehicles won’t be placed in a dangerous position. However, sometimes cars get by and collisions occur. In most instances, the truck driver will be held responsible.

BLIND SPOT ACCIDENTS

Although truck drivers sit up high, there are limits to what they can see. Their vision usually extends to around 20 feet forward and 20 feet on both sides of the rig. They may be able to see as far as 200 feet behind the trailer. Unfortunately, all trucks have blind spots. A truck driver may be totally unaware that you are close behind them. Remember, if you cannot see the truck driver in their side mirror, they probably cannot see you. As a result, they may hit you when they switch lanes or make a turn.

TIRE BLOWOUTS

Eighteen wheelers are naturally prone to tire blowouts . Bad road conditions or poor tire maintenance can cause a tire to blow while the truck is rolling down the road at 70 miles an hour. In fact, 80% of blowouts are caused by tread or casing deterioration. When the problem is with a steer tire, a devasting accident can easily occur, especially if the driver does not react correctly. To maintain control of the vehicle, the driver actually needs to accelerate, which seems to defy logic. In fact, speeding up keeps the truck moving straight in its lane. After the truck is under control, the driver needs to carefully slow down and pull the truck over in a safe spot. If the driver loses control, they can easily strike another vehicle and/or rollover. A number of tragic incidents have happened as a result of semi-truck tire blowouts.

TRUCK ACCIDENT VICTIMS

If you are the victim of a trucking accident, you will need help from an expert personal injury lawyer. Too often, people are killed or seriously injured in these accidents. The fallout is tragic and expensive. You will need someone to represent your interests with the insurance and trucking company. In some cases, legal action will be necessary. In Illinois, you can get that help from WG Law Group.

WG LAW GROUP

Illinois roadways are full of large trucks, and Chicago is one of the biggest centers for truck traffic in the nation. If you drive in Illinois, you need to understand trucking dangers in order to stay safe on the roads particularly those in and around the city. You can easily become the victim of a trucking accident. Whiteside & Goldberg understands these traffic challenges and how Illinois law applies to your situation.

Whiteside & Goldberg has successfully represented many truck accident victims, getting them the settlements they need. Their experienced attorneys will negotiate for you with insurance and trucking companies, filing a lawsuit when necessary to get just compensation for your injuries and property damage. If you’ve been the victim of a trucking accident, take advantage of the firm’s free consultation . Remember, Whiteside & Goldberg never charges a fee until they win a settlement for you. Get help today by calling 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office.

Do I Have a Case? When to File an Automobile Accident Lawsuit

Tue, 04 Jun 2019 14:46:32 GMT

Car accidents are common in any state, and Illinois offers unique challenges to drivers due to crumbling infrastructure and Chicago area traffic congestion. IDOT reports that in 2016, 324,473 motor vehicle crashes occurred in Illinois, causing 66,703 injuries and 1,000 fatalities. If you are a driver in Illinois, you need to drive defensively at all times. Even then, you may well be involved in an accident. If you become the victim of a crash, you will benefit from the advice of an experienced personal injury attorney.

Consulting with an experienced lawyer will help you decide what action to take when you’ve been in an accident. Your legal advocate will advise you if and when filing a lawsuit is necessary. While each case has its own particular circumstances, there are several factors in these collisions that indicate when legal action may be needed.

DETERMINING FAULT

You can get a no-fault divorce, but accidents are different. Most collisions have someone to blame. In some accidents, determining fault (or negligence) is quite easy. The police arrive on the scene and document that the other driver ran a red light or pulled out in front of you. Perhaps there are traffic cameras or several witnesses to the incident. Maybe the other car clearly crossed into your lane and is still sitting there. In rare instances, the other driver may simply admit they are at fault.

Fault isn’t a question in certain types of accidents that are labeled “No Doubt” liability incidents. These crashes include rear-end collisions and left-turn accidents. If another vehicle plows into the back of your car, there is almost no doubt that they are at fault since they were clearly following behind you too closely. If a car making a left turn hits your vehicle, the same thinking applies. The other driver either didn’t see you coming or misjudged the distance between your vehicles. In these instances, determining fault is not an issue.

Of course, in many cases, determining fault is more complicated, leaving the insurance companies to battle over whose driver was to blame for the crash. Illinois has many rural areas where determining fault is difficult due to the road conditions and unclear right-of-way issues. In those situations, you will definitely need a lawyer’s advice on how to proceed.

INJURY SEVERITY

The severity of your injuries may determine if legal action is necessary. When the accident has caused a serious injury with long-term physical and/or emotional effects, you may need to file a personal injury lawsuit to secure your financial future. You do have two years to file a lawsuit in Illinois after the accident occurs. Remember, some injuries don’t become immediately apparent after you’ve been in a crash. Back pain, soft tissue damage, head trauma and other injuries may develop symptoms weeks or months later, which can affect your legal strategy.

A crash can inflict a traumatic brain injury that causes permanent cognitive issues and makes it impossible for you to work. A compound leg fracture can mean you have to give up many of the activities you’ve always enjoyed and also affect your ability to do a job. Your attorney may advise you to file a lawsuit if your injury has caused permanent harm and the insurance settlement offer doesn’t cover these medical expenses as well as pain and suffering, which can easily run into millions of dollars.

SETTLEMENT OFFERS

Whether or not to file a lawsuit also depends on what the insurance company is offering as a settlement. Not surprisingly, these companies will pay you as little as possible for your claim. Their biggest priority is to keep their bottom line healthy. That’s why you need an attorney to negotiate a settlement for you. Your legal counsel will determine what your case is worth based on your medical needs, pain and suffering, etc., and then try to get that amount from the insurance company.

You and your attorney may believe that your case is worth $60,000 – $80,000, but the insurance company might give you a pre-suit offer of $40,000. In that case, your attorney will probably recommend filing a lawsuit. On the other hand, the insurance company might make an offer of $65,000, which your lawyer would definitely advise taking. And even if the insurance company “low-balls” you, you might decide to settle. You may determine that taking $50,000 is better than risking getting less if you go to court. The key is finding an experienced and successful attorney and taking their advice about settling or pursuing a lawsuit.

WG LAW GROUP

Chicago is a vibrant city with many cultural and entertainment offerings. Because the city is so popular, the traffic is challenging, even for long-time residents. Sometimes, it’s impossible to avoid accidents in the busy Chicagoland traffic, particularly if the other driver is engaged in negligent behavior. These accidents are traumatic and can cause serious injury. If you are involved in a traffic accident in Illinois, contact Whiteside & Goldberg, Ltd. Their expert attorneys have successfully handled thousands of personal injury cases, including many car accident lawsuits.

Whiteside & Goldberg, Ltd. works hard to get you the settlement you deserve. If necessary, they will take the other party to court so that you can get a just award. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. .For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. You should never battle an insurance company without an excellent attorney by your side.

When is a Lawsuit Against a Commercial Construction Policy Needed?

Mon, 13 May 2019 14:48:06 GMT

No one wants to file a lawsuit, but doing so is sometimes necessary, particularly when you have paid for a poorly constructed building. Construction flaws are expensive to repair and can cost a company significant business. If the problem building is a new home, the construction issues can make life difficult, leave you cash poor and even cause you to temporarily relocate. If the contractor won’t willingly fix these problems, you may need to file a lawsuit to get financial relief. If your contractor is properly insured, the lawsuit will actually be against their insurance company. In many circumstances, pursuing this litigation is your best course of action to receive fair compensation.

C ONSTRUCTION DEFECTS

You can experience two kinds of construction defects: design problems and building problems. The first type is the fault of your architect and the second the fault of your general contractor or subcontractors. These flaws in building and design can make the buildings unusable or result in injuries to the construction workers or building tenants. Some of these issues can be corrected if enough time and money are involved. Others, particularly design flaws, may be impossible to fix satisfactorily. In any event, these issues leave you with few options. Either the architects or construction contractors agree to correct the problem or you’ll have to take legal action to force them to compensate you. When that happens, you need to hire experienced construction law attorneys.

ESTABLISHING CAUSE

Certain elements need to be in place in order for you to successfully sue. First, you need to prove you have a legitimate contract with the other party. You should have a clear written contract with your construction company or architect. Failing that, you will have to demonstrate that you have an enforceable oral contract. Doing so will likely require the help of a good construction law attorney.

Once you’ve established the existence of a contract, you will have to prove that you kept up your part of the bargain by making timely payments and fulfilling any other agreed-to-duties. If you have, then the case will be decided on whether or not the other party breached the contract or committed some other egregious act.

DEFECTIVE CONSTRUCTION

When your building has clear construction defects , your state may require you to give the contractor a chance to make repairs before you take any other action. Your construction contract should state that the work must meet certain quality standards. If the contractor does not make the necessary repairs following the agreed-to standards, you may then file a lawsuit.

BREACH OF CONTRACT

If you feel that the contractor did not meet their contractual obligations, you can sue them for breach of contract. To prove breach of contract, your lawyer will need to show that the contractor did not complete the jobs they promised to do and/or that their work was shoddy and did not meet the contract terms.

Finally, your lawyer will have to prove that you suffered a financial loss as the result of this breach of contract. Your lawyer should be able to easily demonstrate this loss since you will be forced to pay for repairs or to have work totally redone. In some instances, your property value may have fallen as a result of the contractor or architect’s work.

FRAUD

Your attorney may file a lawsuit for fraud. In some cases, a contractor makes deliberately misleading statements about their work or the property. For instance, the contractor may assure you that your new home sits on quality land, but you later find that it is located on top of an old, undisclosed landfill. In that case, your lawyer may choose to file for fraud instead of some other cause.

CONSTRUCTION LAWSUIT DAMAGES

Your attorney may be able to recover money to pay for repairs, to make up for a decline in property value, to meet the cost of temporary housing, cover court costs, compensate for loss of use of property, pay for medical expenses and, in some cases, cover attorney’s fees. If the defendant is found to have intentionally or recklessly caused the construction problems, your attorney may also be able to get punitive damages awarded to you as well.

In most cases, the defendant’s insurance company is on the hook for any damages. If for some reason, the contractor is not covered by insurance, you can sue them directly. Collecting the money will be more difficult in these instances, particularly if the business is not in great financial shape. Your attorney may caution against filing a lawsuit if the chances of receiving compensation are low. That old saying, “You can’t get blood from a turnip” sometimes applies to construction law.

WHITESIDE & GOLDBERG, LTD.

In the Chicago area, construction issues are a daily part of life. New housing and commercial buildings are continually being built, and, while many of these projects go smoothly, a fair percentage do not. That’s why you need to be represented by a legal firm with years of experience in construction law.

Whiteside & Goldberg, Ltd. works with attorneys that specializes in construction lawsuits, so they know how to protect you in these situations. They will aggressively pursue damages, both compensatory and punitive, when you’ve been physically or financially injured by a construction job.

At Whiteside & Goldberg, all potential clients get a free consultation . Also, you never pay a cent upfront. You aren’t responsible for any fees until your settlement is finalized. That way, you can focus on getting the financial relief you deserve instead of incurring more costs.

For more information on Illinois construction law, call Whiteside & Goldberg at 312-334-6875 for the Michigan Avenue office and 815-730-7535 for their Shorewood location. When you have a construction issue, trust Whiteside & Goldberg to handle your lawsuit.

Slip and Fall Construction Injuries: What You Need to Know

Mon, 06 May 2019 14:50:08 GMT

Hundreds of thousands of people are injured by slip/trip and fall accidents in the workplace each year, and hundreds die from them. These accidents harm both the worker and the employer with worker’s compensation and medical expenses costing around 70 billion annually. That number doesn’t cover the mental and emotional distress that many victims feel for years after they are hurt.

Most industries suffer from these accidents, but construction has more than its share of workers injured in this way. In fact, falls are the leading cause of death in the construction industry. In 2017 alone, there were 366 fatal falls and thousands of falls leading to injury.

S lip/trip and falls are a unique challenge for the construction industry. If you are injured in such an accident, you need to understand your options. Recovery is often long and painful. In many cases, you will need to hire an attorney to get the financial compensation that you need.

Slip/Trip and Fall Prevention

According to OSHA , many of these falls can be prevented if the employer, with the help of the workers, takes the proper precautions. Debris, slick spots and hazardous stairs and ladders are the main causes of these injuries, so careful maintenance and simple cleaning can help keep workers safe. This means that each worksite needs to focus on safety at all times.

The government expects construction supervisors to do the following safety tasks:

Keep passageways clear of clutter and in good repair
Have workers clean up after themselves
Return tools and other equipment to their storage spots after use
Choose flat floor mats with beveled edges made of non-sliding material
Enforce proper work footwear regulations
Keep holes and openings covered and provide a toeboard when necessary
Clean up any wet or damp spots immediately
Inspect ladders regularly and never use them horizontally
Install railings on open-sided floors when needed
Follow scaffold requirements

OSHA dictates these and other steps to make construction sites as safe as possible. Of course, these sites are inherently hazardous, so accidents will never be eliminated. You can be injured by equipment, other workers and faulty building practices. If you suffer a slip/trip and fall accident at your worksite due to employer negligence, you will have grounds for a lawsuit.

Slip/Trip and Fall Compensation

In a personal injury lawsuit, such as one for a slip/trip and fall, the damages are usually compensatory . This means that the amount awarded is meant to replace what you lost as a result of the accident, although sometimes that is an impossible task. Types of compensatory damages include money for medical treatment, lost income, property loss, pain and suffering, emotional distress and loss of enjoyment. In some cases, an award may be made for loss of consortium, or the inability to maintain a sexual and/or emotional relationship with a partner. The amount of your award may be less if you contributed to the accident in any way. For instance, perhaps the floor was wet due to an ignored leak but you weren’t wearing safety shoes. In that case, you would be considered partly to blame, and your settlement would reflect that.

Punitive damages may be awarded in cases where the defendant’s behavior was negligent or otherwise glaringly improper. These funds are not meant to help the plaintiff to recover but to punish the offender so that they change their behavior. In most cases, the employer won’t go to jail for negligence, but they may lose a lot of money due to their actions. In recent years, these punitive damages have sometimes been so large that certain states have taken action to limit the amounts that can be awarded. When the amount gets too large, it can drive the employer to bankruptcy, which means you may get nothing.

The amount of your settlement will vary according to the severity of your injury and the circumstances surrounding it. If you go to trial, the amount might be in the hands of an unpredictable jury. The awards can range from a few thousand dollars to hundreds of thousands. In rare instances, you could receive even more.The majority of damage awards come through a settlement before the case goes to trial. Your attorney can give you an idea of what to expect in the way of damages, but there is no way to predict the amount with certainty.

The good news is that most injury settlements are not taxable . The exception is if you itemized medical expenses related to your injury in the year or years before you receive your settlement. In that case, you would have to declare that amount of your monetary award. Even emotional pain and suffering is not taxable if it stemmed from a physical injury.

If you are injured in a slip/trip and fall while on a construction site, you will need excellent medical and legal help in order to recover. In Chicago, these accidents happen frequently due to a thriving construction industry in the area. Whiteside & Goldberg, Ltd. successfully handles many of these cases.

Whiteside & Goldberg

Whiteside & Goldberg understands the construction industry and knows how to get you the best settlement possible for your injuries. You can take advantage of their free consultation before committing to any action. If you do become a client, you will pay them nothing until your settlement is finalized. The firm has a hugely successful track record in personal injury awards.

For more information on how Whiteside & Goldberg can help with your slip/trip and fall injury, call 312-334-6875 to reach the Michigan Avenue location or 815-730-7535 to contact the Shorewood office. A construction site accident can be devastating. You need expert legal representation to get the compensation that you deserve.

Driver Negligence in Trucking Accidents

Tue, 30 Apr 2019 15:08:36 GMT

Truck drivers are vital to the economy of this nation. Most of these drivers are highly skilled and consistently drive in a safe manner. In fact, most truck accidents are caused by the other motorist. However, some truck drivers do engage in dangerous driving behaviors on a regular basis, putting other motorists in grave danger.

W hen you are involved in an accident that involves a large truck, you are likely to be injured, sometimes severely. The size and power of these vehicles make them deadly in the hands of a reckless driver. When you are on the road, you need to be aware of these behaviors and take steps to keep yourself safe. If you are injured in a truck collision, you will need expert medical and legal help.

Repeat Offenders

You probably know drivers who seem to have an accident or more a year. Bad drivers often learn nothing from a collision. That trend applies to truck drivers as well. According to a recent study by the American Transportation Research Institute , truck drivers who have been in one accident are more likely than other drivers to be in another. In short, reckless drivers are likely to stay reckless drivers unless they benefit from aggressive intervention. The study found that if a driver had a reckless driving violation on their record, they were 114% more likely to be in another accident.

Reckless Driving Behaviors

The violations most associated with repeated accidents are reckless driving, failure to yield the right away, improper signal usage, improper passing and improper lane change. Other reckless truck driver behaviors include:

Driving more than 15 mph over the speed limit
Following too closely
Failure to obey traffic signs
Driving too fast for conditions
Improper passing
Hours of service violation

Reckless drivers in any size vehicle tend to exhibit the same type of bad road decisions. The drivers of compact cars can be responsible for traffic accidents, too, of course, but when a truck driver is reckless, the chances are greatly increased that someone will be injured or killed. Big trucks cause immense damage, even in “small” accidents. A driver’s mistakes often have huge consequences.

Protecting Yourself from Reckless Driving

You need to treat every big truck with respect by giving it plenty of room to maneuver. When a reckless driver is at the wheel, your precautions are more important than ever. Remember to stay well back of a large truck. It takes much more time for big rigs to slow, stop and turn. Also, a reckless truck driver is not spending much time looking out for other vehicles, so you have to look out for yourself.

Experts also recommend that you never pass a big truck on the right side. All trucks have blind spots, but they are more pronounced on this side. It’s worth waiting to pass on the left, no matter how impatient you are to get clear of the big rig.

If the driver of a big truck wants to pull in front of you, let them, even if you think they are violating your road rights. You can easily be in an accident if you speed up to keep the truck behind you. It may not be fair, but you cannot win in a contest with a big truck, especially if the driver is being reckless.

If you are stuck behind a reckless truck driver, don’t make a reckless move of your own to pass them. Instead, consider taking an exit, pulling into a gas station and calming down for a minute. When you get back on the road, the offending truck driver will be gone, and they won’t be able to play road warrior with you.

In some rural Illinois areas, you can be stuck behind a large truck on a two-lane road. The speed of these trucks varies greatly, particularly when they are going uphill. Do not attempt to pass them unless you are on a flat stretch of road with great visibility. Some legal passing areas may not be long enough for you to safely get by a big truck, so wait until you have plenty of room or don’t attempt to pass at all.

Reporting Reckless Drivers

When you encounter a reckless truck driver, you need to report the incident in order to keep others safe. You can out reckless truck drivers in several ways. Many trucks have their company’s telephone number on the trailer so that you can report the erratic or reckless driving to the operator’s management team. Trucking companies want to weed out dangerous drivers because they cause serious liability issues.

You can also report drivers to the Federal Motor Carrier Safety Administration (FMCSA) website or call the Department of Transportation’s number – 1-888-DOT-SAFT (368-7238). In case of emergency, the FMCSA urges motorists to call 911. Don’t just complain. Take action to protect yourself and others.

Whiteside & Goldberg, Ltd.

Chicago is one of the biggest trucking hubs in the United States and the world. Trucks help the city run, but they also make traffic more dangerous. Many motorists are injured in trucking accidents in the Chicago area each year. If you are the victim of a truck collision, contact Whiteside & Goldberg. Their skilled lawyers have years of experience dealing with the victims of these serious and often life-threatening accidents.

The attorneys at Whiteside & Goldberg understand how traumatic these accidents are and how they affect every aspect of your life. At Whiteside & Goldberg, they offer you a free consultation and explain how you can get the compensation that you need and deserve. You pay nothing until the firm gets a settlement for you.

For more information on how Whiteside & Goldberg can help, call 312-334-6875 to reach the Michigan Avenue office or 815-730-7535 to contact the Shorewood location. When you’ve been in a truck collision, you need the best legal representation possible to protect your rights and speed your recovery.

How the Statute of Limitations in Illinois Affects Your Legal Options

Mon, 22 Apr 2019 15:11:33 GMT

If you are a fan of legal dramas, you’ve heard the term “statute of limitations,” referring to the period of time you have to take legal action after a crime or an accident. It’s possible for the offender to escape their legal responsibility simply because they are not charged promptly. In many instances, the clock truly is ticking when it comes to your opportunity for justice. Of course, no one should lose out due to missing a legal deadline.

T he law in these matters is not simple, especially because the statute of limitations varies a great deal. These time limits depend on your particular legal issue and the state where you reside. Illinois offers accident victims a short period of time to seek personal injury damages, which is why you need fast, expert help from an Illinois-based firm whenever you’ve been injured. If you don’t act right after an accident, you can miss your opportunity.

Criminal Statute of Limitations

The statute of limitations on Illinois crimes is separate from the statute of limitations that apply in a civil case. In some instances, however, a legal case may be pursued in both criminal and civil court. A civil case has to meet a lower legal standard of guilt, so even if the criminal case fails, the civil suit might succeed. Perhaps the most famous instance of this situation is the O.J. Simpson case. He was found innocent of murder but lost a civil case that awarded the victims’ families 33.5 million in wrongful death damages.

Homicide can usually be charged at any point in the offender’s lifetime. Illinois has no statute of limitations on murder, so a murderer can still be tried for their crime fifty years or more after it happened. Illinois also has no statute of limitations on the following crimes:

Second degree murder
Child pornography
Arson
Treason
Forgery
Leaving the scene of an accident where there were injuries and/or fatalities.

Sexual assault cases have no statute of limitations if the victim reports the crime within three years and the offender’s DNA was entered into a database within ten years of the crime. There is also no time limitation on prosecution if the victim dies during the assault or within two years afterward.

Most other Illinois felonies have a three-year statute of limitations. Misdemeanors have only an 18-month deadline.

Personal Injury Statute of Limitations

In general, you have two years from the date of an accident to file a lawsuit against the other party. Many accident victims trust that their insurance company will sort out the matter, but that process is not a sure thing, especially if the other side claims they were not at fault. It’s easy to overlook the two-year deadline if you are caught up in the insurance company’s process.

Sadly, you may have been injured in an accident and not realized it for months or even a year. For instance, soft tissue injuries such as cervical sprains and back strains may be disguised as simply aches and pains caused by aging. A hairline fracture may not be diagnosed until long after your accident occurred.

Local and State Governments

If you were injured due to the actions or negligence of your city or county, you have to act fast to receive fair compensation. In Illinois, you have only a year to make an injury claim against local governments. In short, Illinois state and local governments don’t give you much time to file a lawsuit after you’ve been injured. It’s all too easy to miss your window when it concerns a personal injury.

Need for Medical and Legal Help

Too many people fail to protect themselves after they have been injured. You may initially feel “okay” after an auto accident or a slip and fall, but some injuries do not show up for days, weeks or even months after an accident unless you receive a prompt medical assessment. Also, a delay in care can cause your medical condition to worsen. In all accident situations, healthcare records are vital to proving your injury case.

The statute of limitations on personal injury is not generous in Illinois. You usually have two years or less to file a legal suit against the person who harmed you. When you are dealing with injuries and insurance companies, you can easily overlook important legal deadlines. That’s why you should always seek the right medical and legal help when you are harmed in an accident.

Whiteside & Goldberg

The Chicago area offers a number of social and cultural advantages that make it a thriving place to live and do business. But like most large urban areas, people sometimes get hurt in traffic accidents, work-related incidents and business mishaps. Fortunately, Northern Illinois residents have a strong legal resource: the WG Law Group. These attorneys know everything there is to know about Illinois personal injury law, so you don’t have to worry about missing deadlines or keeping abreast of other legal details.

Whiteside & Goldberg makes certain that you know all of your post-accident options. At Whiteside & Goldberg, potential clients always get a free consultation . In fact, their experienced lawyers do not collect any money until they win a settlement for your injuries. They protect your interests so that you can concentrate on getting well.

For more information on Illinois personal injury law, call 312-334-6875 to reach an experienced attorney at Whiteside & Goldberg. Whiteside & Goldberg also has an office in Shorewood, Illinois, to conveniently serve our clients’ needs. When you’ve been injured in Illinois, you need superior legal advice.

The Dangers of Driving in Chicago

Mon, 15 Apr 2019 15:56:30 GMT

Chicago offers so many wonderful things to do for both residents and tourists. Baseball season is about to open for the Cubs and White Sox; the Chicago music scene is always going strong and the shopping experience rivals any other city in the US. Sadly, the traffic issues rival those in other cities as well. “I can’t wait to drive in Chicago” was said by no one, ever.

I n a recent poll ranking US cities from best to worst in drivability, Chicago ranked 91st, just one click above Los Angeles. It was 99th in traffic and infrastructure and 41st in safety. While Chicagoans love their city, there is no mystery about why it is home to so many traffic accidents. Motorists face a number of driving challenges each day, including traffic congestion, weather issues, and poor infrastructure. Few residents manage to avoid any claims on their insurance. If you are involved in a Chicago area traffic collision, you will need the help of an experienced personal injury lawyer.

TRAFFIC CONGESTION

Chicago drivers waste up to 138 hours each year due to traffic congestion. In the latest Global Traffic Scorecard, Chicago ranked third, beaten out only by Boston and Washington D.C. You’ll spend less time cursing at traffic jams in LA and New York City, which is a sobering thought.

Traffic congestion isn’t just a frustrating phenomenon. It leads to a number of traffic accidents and occasional bouts of road rage. Start and go driving situations frequently lead to collisions, particularly among irritated drivers. Congestion inspires many to force a merge when no space exists. Other drivers try to speed to make up for lost time. All of these bad driving behaviors can lead to your being injured while out on the Chicago highways and byways.

WEATHER

Chicago weather is frequently brutal and includes extremes in every season. The winters are cold, snowy and windy. Spring is warmer but often brings a deluge of rain. Summers are frequently incredibly hot and humid with a side of tornados and thunderstorms. Fall is perhaps the calmest season, but it often brings early snow and ice. People do not live in the Chicago area for the climate.

While all seasons bring driving challenges, the winter is the biggest threat to drivers in the area. Major snowfalls have been constant in recent months. In 2018 , the city saw nine straight days of measurable snowfall. Snow and ice obviously cause slick road conditions which are compounded by the often bumper to bumper traffic experienced by commuters. Drivers often do not maintain a safe distance from other vehicles, meaning rear-end collisions are commonplace during the winter. Cars slide through intersections and off the side of the road, injuring many drivers and passengers. Determining blame for these incidents is daunting. You will need legal help to sort out the liability issues.

CHICAGO INFRASTRUCTURE

When you pull up the IDOT travel information site, you will see an amazing number of icons showing where road work restricts traffic all through the state. Chicago displays more than its share of exit closings, lane restrictions and other road repair issues. Of course, the real work begins in late spring or early summer, when the temperatures allow for repair crews to tackle the big problems. And the new road construction? That causes shivers down the spine of many motorists. Getting around these construction areas can be challenging, even with GPS and a good attitude.

Commuters faced with construction delays do not make the safest drivers. They are in a hurry to get to work and often make bad choices, such as abrupt lane changes and violating the speed limit. Some have been known to drive on the shoulder of the road in a desperate attempt to get through. Road workers and motorists are all at danger out on the Chicago area roads during repair and construction season.

VEHICLE ACCIDENT INJURIES

When you are involved in a motor vehicle accident, you are vulnerable to a number of serious injuries. Even minimal impact can cause severe medical problems. You may experience a traumatic brain injury, which can cause long-term cognitive deficits. Many collisions cause fractures, muscle tears or strains and neck issues. You may also experience spinal problems as a result of a collision. These injuries can ruin your quality of life.

Motor vehicle accidents are painful and costly. These injuries come with expensive medical bills and loss of earnings, which put a major strain on your finances. Some families end up in desperate straits as a result. If you are the victim of a negligent Chicago area driver, you may need to take legal action to get the compensation you deserve.

WHITESIDE AND GOLDBERG LAW GROUP

Chicago traffic is tough, so you need tough attorneys when you file a traffic-related lawsuit. The attorneys at Whiteside and Goldberg have decades of experience fighting these battles – over 50 years, in fact. They know Chicago traffic because they drive through it themselves. And, they understand the complexities of your situation. Motorists in the area face a daily challenge. You deserve the best possible legal advice from attorneys who are fighting the same battles as you. You do not have to face your situation alone.

At Whiteside & Goldberg, Ltd., you receive a free consultation where you get expert advice on the merits of your particular case. If you decide to pursue legal action, you don’t need to worry about money. You do not pay a dime unless your attorney wins a settlement for you. Your bank account balance does not determine the quality of your representation.

Whiteside & Goldberg, Ltd. has two locations – one on Michigan Avenue and one in Shorewood. For more information, call 312-334-6875 or 815-730-7535. You deserve to have passionate, knowledgeable attorneys fighting for your rights.

Construction Accidents on the Job

Mon, 08 Apr 2019 15:58:04 GMT

Chicago area construction workers are skilled and hard working. You are the reason that this area continues to grow and thrive. But you work a dangerous job and injuries are frequent. You undoubtedly have suffered more than a few injuries over the years. Your employer should have insurance that covers your injuries, but not all construction firms purchase the best coverage. And if you are working for a subcontractor, things can get even trickier when it comes to insurance.

C onstruction workers frequently suffer from falls, cuts, fractures and head injuries while on the job. These injuries cause you to lose work and incur major medical bills as well. Taking care of your financial obligations can become impossible. Without financial help, you can lose what assets you have while you heal. To prevent these worst-case scenarios from coming true, you need the help of an expert Chicago-area personal injury lawyer.

ILLINOIS LAW

Workers’ Compensation law varies state by state, but Illinois requires most employers to carry this insurance. There are exceptions, particularly for subcontractors who have their own limited liability company. Section 3 of the Worker’s Compensation Act says that “ extra hazardous occupations ” must have this insurance but that sole proprietors, business partners, corporate officers and members of limited liability companies may opt out. That means there are quite a few exceptions to this state-mandated insurance. As a construction worker, you may end up financially as well as physically vulnerable to injury caused by the negligence of another on a job site. You may also be the victim of faulty tools and other equipment.

CONSTRUCTION ACCIDENT TYPES

If you are an experienced construction worker, you already know that your profession is prone to accidents. You see people get injured all the time. The most common injuries occur from the following:

Falls

Construction workers are frequently injured by serious falls. It’s a leading cause of injury on the work site. You can fall from roofs, scaffolding, ladders, cranes, etc. While some of these falls may be the fault of the injured party, many are caused by faulty equipment or the actions of someone else on the site or an inexperienced person visiting the site.

Equipment Accidents

Heavy equipment in good condition is dangerous due to the possibility of operator error. These machines weigh tons and can easily crush someone. This equipment becomes more dangerous if it is faulty or poorly maintained. Imagine a wrecking ball gone wrong. In these instances, a skilled personal injury attorney might take sue the owner of the equipment or the manufacturer under “product liability.” Each legal situation is unique.

Vehicle Accidents

Truck drivers on worksites can also cause accidents. The drivers are often “off road” and sometimes drive too fast and without care for others doing their jobs. Workers can be backed over by big trucks and other heavy equipment. It’s all too easy to be the victim of poor driving at a construction site.

Weather-related Illnesses

The Chicago heat and cold can cause workers to become ill. Heat stroke is a common occurrence during the Illinois summers, and the bitter cold of the winters can cause exposure symptoms as well as frostbite. Of course, most construction work takes place during the warmer months, which are quite warm indeed in Chicago. In 2018, the weather hovered near 100 on several occasions and hit 90 or above on a regular basis. Combined with the high humidity, the temps can easily make construction workers ill.

Falling Objects

Hard hats are required at construction sites for a reason. Workers in high places may drop tools, or heavy materials, such as concrete can fall, hitting someone working below. In some circumstances, faulty construction may collapse. When these things happen, someone can and probably will be seriously hurt.

Those covered by workers’ compensation receive financial support for their medical bills and their recovery period. However, workers’ comp. benefits usually end three years after the date of your accident. For some injured workers, their injuries cause lifelong issues. That’s why you need the support of a knowledgeable Chicago personal injury attorney.

LEGAL ACTION

When injured workers do not receive the compensation that they need, their only option may be to file a personal injury suit against the general contractor, various insurance companies or, in some instances, the property owner. Although you may be reluctant to take this course, you deserve to have the financial resources to pay for your medical care and your regular expenses while you heal. In some cases, you may be able to collect for pain and suffering as well.

Although you may feel helpless after an accident, you do have options.

WHITESIDE AND GOLDBERG LAW GROUP

Whiteside & Goldberg, Ltd. also provides representation for other personal injury cases. They work with automobile accident victims, asbestos, mesothelioma and lung cancer sufferers, dog bite victims and medical malpractice victims. W&G law group also offers a free consultation before you make the decision to proceed. You do not have to worry about your bank account balance, either. You never make a payment until they win a settlement for you.

As a construction worker, you are more vulnerable to injury than most workers. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need.

Michael J. Goldberg wins two cases in one day for a total of $1,525,000

Wed, 03 Apr 2019 15:59:28 GMT

Michael J. Goldberg won two cases in one day for a total of $1,525,000. The first case involved a 61-year-old woman who was driving through an intersection when her vehicle was struck by a tractor-trailer. Michael J. Goldberg collected the full amount of policy limits of $1,000,000 for his client. The second case involved a 31-year-old pedestrian who was struck by a vehicle at a four-way intersection. Michael J. Goldberg was able to obtain $525,000 for his client just weeks before trial began, which was about $300,000 more than the insurance company was offering just two months ago. In 2019, Michael J. Goldberg has already won a number of cases amounting to over $4,000,000 for his clients. For more information about such cases, please click on the Results page.

Commercial Construction Insurance: What You Need to Know

Mon, 01 Apr 2019 16:01:10 GMT

Nothing is more exciting than planning a new house, remodel or addition. Nothing is more frustrating than running into problems with your contractors. Before you commit to any construction project, you need to protect yourself by doing your due diligence. When you are looking for a contractor to remodel your home or build a new structure, you need to hire one who is completely licensed and insured. In fact, legitimate contractors are required by law to carry insurance.

H iring anyone who doesn’t meet state and federal standards leaves you with limited recourse if the work is substandard or someone is injured as a result.

Most construction contractors and subcontractors strive to do a good job, but as in any industry, there are those who are less than honest or competent.

Before signing a contract with any of them, you need to ensure that they have the right insurance. If the construction fails, their insurance should cover the damages. Unfortunately, in some instances, the insurance company will not offer an adequate settlement or payout at all. In those situations, you may need to sue. In any event, a construction project needs the guidance of an experienced attorney.

ILLINOIS CONSTRUCTION INSURANCE NEEDS

Illinois, like other states, sets standards and regulations for contractors, including dictating a certain level of insurance coverage. Prudent contractors should want more than the minimum. Insurance experts advise construction contractors to have a variety of policies to provide complete liability coverage.

General Liability Policy

First, your contractors need a general liability policy that covers both bodily injury and property damage.

The bodily injury section covers contractors if they or their employees cause you or someone else injury or death. Although that sounds grim, it is necessary in the rare instance that such physical harm occurs. The policy covers the victim’s medical expenses and the contractor’s legal expenses.

The property damage section covers damage to your property or the property or another third party caused by the contractor. For instance, your contractor could drop something off your roof and harm the house next door or crush your landscaping.

Completed Operations/Product Insurance

These policies cover the finished construction for any problems it has or damages it causes. For instance, if your new roof leaks after a month, the policy should cover repairs and pay for the water damage.

Contract Liability Insurance

This type of insurance covers the contractor in case you have a contractual issue with them. In some cases, this coverage is included in the general liability policy.

Workers’ Compensation Insurance

Any construction company should have this type of insurance to protect their employees and their company. They may expose themselves to liability if their subcontractors do not insure their own employees. Also, workers deserve protection for injuries incurred on the job.

Subcontractor Insurance

Your subcontractors should also be covered with the necessary liability insurance. Otherwise, a problem specific to their services could cause you significant financial losses due to construction problems and physical injuries.

BEFORE YOU HIRE

Before you hire a contractor in Illinois , you need to determine the amount of work to be done, and your specifications for the work, including time frame, materials and payment schedule. You also need to research the contractor. You can contact the Illinois Attorney General’s office and/or the Better Business Bureau to get the background that you need. In addition to these background checks, you should also complete the following tasks:

Get recommendations from trusted friends and relatives
Get at least three written estimates
Talk to your town/city’s building inspection department for a list of construction requirements
Check the contractors’ references
Ask to see proof of insurance and professional licenses
Determine how the subcontractors will be paid
Have a lawyer look at the written contract before you sign it

Getting legal advice before the job begins will help protect you in case the work is not done correctly or some injury occurs on your property. Do not sign a contract offered by contractors’ without professional guidance. Bad contracts are the basis for huge problems down the road.

POTENTIAL PROBLEMS

You should always practice due diligence before beginning a construction project, but even when you are careful, issues can arise. People may be injured on the site, the work may be faulty and the contractor’s insurance may not want to pay. You may well need to defend your rights by consulting a personal injury attorney. In some cases, negotiating with the insurance company will not be enough. You may need to file a lawsuit against the insurance company, the contractor or both in order to receive fair financial compensation.

WHITESIDE & GOLDBERG, LTD.

The attorneys and Whiteside & Goldberg have over 50 years of law practice in the Chicago area, one of the most competitive cities for attorneys in the nation. One of their specialties is construction negligence, a problem that occurs in many areas but is a persistent issue in Illinois. They have successfully represented injured workers and passerby’s in cases of construction negligence. The attorneys aggressively represent your interests to get the settlement that you need and deserve. When it comes to construction, you must vigorously protect your rights.

Whiteside & Goldberg, Ltd. also specializes in automobile accidents, asbestos, mesothelioma and lung cancer, dog bites, nursing homes, medical malpractice, slip and falls and other personal injury lawsuits. They offer a free consulatation to make sure your case has merit. Plus, you never pay a penny until they win a settlement for you.

When it comes to construction negligence and the injuries that arise out of this negligence, you need to protect yourself by hiring the right attorneys to fight against the big corporations. For help recovering for your injuries against such contractors, call Whiteside & Goldberg to speak to an attorney at 312-334-6875.

How Trucking Accidents Differ from Auto Accidents

Mon, 25 Mar 2019 16:47:27 GMT

Many roads lead to Chicago, and most of them are dangerous. You can easily find yourself a party in an accident. Of course, not all vehicle collisions are the same. If your vehicle is struck by a car, even a larger sedan, you are less likely to suffer serious injury than if you are hit by a commercial truck. Commercial truck drivers and their passengers are sometimes gravely injured and even killed – they numbered 683 in 2017. However, many more people in passenger vehicles die as a result of these collisions. In 2017, that number hit 2797.

N avigating the aftermath of a “normal” accident is difficult enough. However, trucking accidents differ a great deal from collisions between cars, small trucks and SUVs. If you’ve been in a collision with a big truck, you need the advice of a personal injury lawyer in order to get an appropriate settlement.

TRUCK DIMENSIONS

A semi can weight up to 80,000 lbs , and the cab with a trailer can be 80 feet long. The average car is only 4,000 lbs and around 14 feet long. This extreme difference in size certainly explains the number of fatalities in these collisions. Your family vehicle is simply no match for the size and weight of commercial trucks. When your vehicle collides with one of these giants, you are quite likely to be injured even if your vehicle has the most advanced safety features.

The height of these trucks makes them safer for the driver and passengers but allows smaller vehicles to go at least partway under them, another reason these collisions are so deadly. There is simply no way for your car to safely withstand an impact with a big rig.

TRUCK ACCIDENT TYPES

Truck accidents can be caused by the negligence of the truck driver or by the passenger vehicle’s operator. The average driver often does not give semis enough respect on the road and fails to understand the difference in how these trucks operate when compared to a family vehicle. Of course, some truck drivers do not operate their vehicles as they should. Some common truck accidents include:

Jackknife Accidents

When a truck stops too quickly, it can cause the trailer to skid into a 90-degree angle, blocking the road and endangering other drivers.

Wide-Turn Crashes

Big trucks need lots of room to turn left, and sometimes the trailer swings so wide that it pins other vehicles between the trailer sides and the sidewalk or pushes other motorists completely off the road.

Blind Spots

Big trucks have some big blind spots. If you are so close to a semi that you can’t see their mirrors, understand that the driver cannot see you either.

Falling Loads

Unfortunately, semis do occasionally lose part or all of their loads. Objects that are not correctly secured can fall off the trailer and strike other vehicles.

Other motorists can help prevent these accidents by giving these trucks plenty of room on the road. Realize that even if you exercise caution, you can still be the victim of a trucking accident. If you do become involved in this type of collision, you may need legal help to determine who is responsible.

RESPONSIBLE PARTIES

Some accidents are clear cut. The responsible party can easily be one of the drivers involved in the accident. In other situations, several people may share in the blame, and you’ll need to prove their part in order to get the compensation that you deserve. In addition to the truck driver, the following may be held responsible for the accident:

The owner of the rig, including both the truck and trailer
The manufacturer of the truck, tires or a faulty part
The person who loaded the cargo
The person who leased the truck and trailer

One or more of the above may be at least partially responsible for the accident, which means their insurance companies may spend months squabbling over who pays out to the victim. Some of these arguments have been somewhat simplified by federal law, which states that the party owning a trucking permit is responsible for accidents involving a truck that bears the name of a particular company. That’s not to say that the manufacturer cannot still be held responsible for marketing faulty brakes.

LEGAL HELP

You may need legal help in negotiating with the various insurance companies if you’ve been injured in a trucking accident. Sometimes, the insurance company settlement is simply not adequate to meet your financial needs. These accidents can cause serious, long-term injuries that require expensive medical care and result in loss of wages. You may also be due compensation for emotional distress. Suing the responsible parties may be the only way to meet your living expenses. Before making any decisions on how to proceed, consult with an experienced personal injury attorney.

WG LAW GROUP

Chicago is a major hub for commercial trucks. Anyone driving on the Chicago freeways knows to look out for these big rigs and their cargo. Sometimes, even the best drivers cannot avoid accidents in the busy Chicagoland traffic. If you are involved in a trucking accident in Illinois, contact Whiteside & Goldberg, Ltd.

Their seasoned attorneys know the ins and out of Illinois law and the Chicago area courtrooms. Their understanding of trucking accidents makes them your natural choice for legal representation.

Whiteside & Goldberg works hard to help you regain your life. They offer a free consultation and do not charge you anything until they win a settlement for you.

These experienced attorneys aggressively pursue your case in order to get you the compensation that you deserve.

For more information on Illinois trucking accidents, call 312-334-6875 to speak to an attorney at Whiteside & Goldberg. You do not have to fight alone.

Joe Lauer Named Partner

Sat, 23 Mar 2019 16:50:36 GMT

JOE LAUER NAMED PARTNER

The Law Firm of Whiteside & Goldberg is proud to announce that Joe Lauer has been named Partner. Joe has been practicing law in the areas of personal injury and workers’ compensation since 2006. In 2014, Joe joined the Law Firm of Whiteside & Goldberg as an Associate Attorney. Joe quickly proved himself receiving the title of Partner in just three short years. Joe is a member of the Illinois Trial Lawyers Association, Illinois State Bar Association and Will County Bar Association. Joe has been recognized as a Rising Star by Super Lawyers, an honor that is limited to fewer than 2.5% of the attorneys in Illinois.

STRONG LOCAL CAPABILITIES AND EXPERIENCES

Joe currently resides in New Lenox with his wife Brianne and his four kids – Aubrey, Quinn, Vaughn and Faye. Joe is involved with the New Lenox Park District as a pee-wee basketball coach and is a member of the St. Jude parish. Congratulations to Joe on this wonderful accomplishment.

WELCOME JOE LAUER TO WHITESIDE & GOLDBERG

Congratulations to Joe on this wonderful accomplishment. We are proud to have him as a member on our team of experienced and aggressive trial attorneys.

Gloria Allred on the Marine nude photo scandal, Trump fires all U.S. attorneys, Trump Hotel lawsuit, Neil Gorsuch

Fri, 22 Mar 2019 16:52:53 GMT

LEGAL FACE-OFF

WGN PODCAST FROM MARCH 20, 2017

Noted women’s rights advocate and bestselling author Gloria Allred join Jason and Rich to cover her representation of one of the Marines involved in the nude photo scandal.

Former Assistant U.S. Attorney Patrick Collins then discusses President Trump’s abrupt firing of every US attorney in the country

McGill University Professor and historian Gil Troy then joins the show to analyze whether the lack of lawyers in the Trump cabinet is a positive or negative.

Attorney Mark Zaid discusses a lawsuit filed by his client, a local restaurant in DC, against President Trump for unfair competition.

Finally, in the Legal Grab Bag, Rich and Jason cover breaking news involving US Supreme Court nominee Neil Gorsuch, cyberstalking, a Heisman trophy scam, Emma Watson and more.

$1,925,000 Recovery for pedestrian hit by airport transportation van

Mon, 28 Jan 2019 17:48:58 GMT

$1,925,000 RECOVERY FOR PEDESTRIAN HIT BY AIRPORT TRANSPORTATION VAN

Michael J. Goldberg obtained a $1,925,000 victory for his 29-year-old client who was crossing Upper Wacker Drive at Clark Street in downtown Chicago when she was hit and run over by an airport transportation van. Michael J. Goldberg was able to get the van driver to admit that he was not looking out for pedestrian traffic during the moments before impact. Michael J. Goldberg also got the van driver to admit that the impact site occurred within the pedestrian crosswalk, which was hotly disputed before the examination. While Michael J. Goldberg’s client suffered several fractures to her spine and hip requiring a number of surgeries to repair, she remarkably made an excellent recovery. No offers were made on the case until Michael J. Goldberg’s zealous and thorough cross examination of the defendant driver.

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