The Center for Disease Control and Prevention (CDC) estimates that at least 170,000 sports and recreation-related traumatic brain injuries (TBI) are suffered by children and adolescents each year. This is believed to be a conservative estimate since many brain injuries go unnoticed or unreported, in part because people do not recognize the symptoms. According to the Concussion Legacy Foundation, an organization dedicated to advancing the study, treatment and prevention of the effects of brain trauma in athletes and other groups, only 1 in 6 concussions are diagnosed.

Concussions can occur in any sport or recreational activity, and concussions currently represent 8.9% of all high school sports injuries (rates being highest in football and soccer). It is important for parents, coaches, and athletes to understand the symptoms of a concussion, and take steps to prevent concussion injuries. After minimizing the effects of head injuries for decades, sports culture is slowly changing. New research has shown that concussions can be very dangerous to long-term brain health, and have been linked to Chronic Traumatic Encephalopathy (CTE), a degenerative brain disease. Because concussion injuries cannot plainly be seen, players are often encouraged, if not pressured, to play through being rattled or having their bull rung. With a new body of research, we now know that ignoring concussion symptoms can result in serious consequences.
Continue reading

What is SR-22 Insurance? SR-22 insurance is a vehicle liability insurance document used by the Illinois Department of Transportation (IDOT) to provide proof that a high-risk driver has minimum liability insurance coverage. SR-22 is a high-risk insurance that carries specific conditions not found in other auto insurance policies. People often mistakenly believe that SR-22 is an insurance policy because the form is purchased through insurance companies. However, SR-22 is merely a form that shows a driver carries a liability insurance policy that satisfies the minimum amount mandated by the law. Under the conditions of the insurance, the insurance company must certify coverage to the Illinois Department of Transportation (IDOT) of the state and must notify the Department of Motor Vehicles (DMV) if the policy is cancelled, terminated, or lapses. Except for Delaware, Kentucky, Minnesota, New Mexico, Oklahoma, Pennsylvania, New York, and North Carolina, all other states have SR-22 insurance requirements.

Why does Illinois require some drivers to have SR-22 insurance? Illinois requires a SR-22 document from a driver prior to reinstating driving privileges, oftentimes after the driver has been involved in an uninsured car accident. From the date of reinstatement, SR-22 must be carried for 3 years. During that time, the law requires the insurance company to notify IDOT of late payments, lapses, and the switching of providers. If the insurance company provides IDOT with any such notification, an individual’s license will be suspended immediately due to failure to comply with SR-22 requirements. Upon suspension, the SR-22 will have to be renewed again to reinstate driving privileges, and the three-year period will begin again.
Continue reading

Every day, Illinois drivers are injured in motor vehicle accidents with hit-and-run drivers or drivers who are uninsured or underinsured. In 2012, over 13% of Illinois drivers were uninsured, and the increasing number of uninsured and underinsured drivers nationwide only underscores the importance of having uninsured motorist coverage for the rest of us. In Illinois, it is the right of every policyholder who carries Uninsured Motorist coverage, or “UM” coverage, to have his or her injury claim seeking UM coverage heard at arbitration, to decide how much compensation or “damages” will be paid.

An UM arbitration is a legal proceeding held before a panel of arbitrators. The arbitration hearing is set up much like a trial, where parties represented by lawyers call witnesses and present evidence to the arbitration panel. After the hearing, the arbitrators render a decision, referred to as an arbitration “award.” The decision of the arbitrators determines whether the injured person has a right to receive any damages under the insurance policy and how much.
Continue reading

Bedsores, also known as pressure ulcers or decubitus ulcers, are a serious concern for the aging population. The elderly are more at risk for bedsores because they are less mobile, often confined to beds and wheelchairs. Bedsores, which affect nearly 2.5 million people nationwide each year, are localized injuries to the skin and underlying tissue as a result of pressure and/or friction. The injury often occurs near a bony prominence, such as the sacrum, coccyx, heel, or hip, and less often, near the elbow, knee, or ankle. If left untreated, bedsores can lead to infection and, in severe cases, necessitate amputation or lead to death.

Patients and nursing home care providers in Naperville and throughout Illinois can and should take certain measures to either prevent bedsores, or to aid in healing once they have already developed. It is thought that bedsores are far easier to prevent than to treat. If the patient and nursing care providers are pro-active, bedsores are almost always preventable. What steps can be taken to prevent bedsores? First and foremost, bed-ridden patients should be turned or repositioned at least every two to four hours to redistribute pressure. If the entire body cannot be turned, limbs can be repositioned to the extent their joints will allow. Pressure-redistribution mattresses, which elevate certain parts of the body to relieve pressure on other parts, may be used. For the wheelchair bound patient, redistribution should occur every 15 minutes, if the patient is able to reposition without assistance, and at least once each hour for those that require assistance. Cushions, similar to pressure-redistribution mattresses, can also be used to relieve pressure and to ensure proper positioning.
Continue reading

Nursing home neglect is a frequently overlooked form of abuse occurring in long term care facilities. If left unnoticed and unaddressed, neglect can lead to a general decline in a nursing home resident’s health, and can even lead to death in certain cases. Neglect is difficult to detect, in part, because the consequences of neglect may be hidden by the patients’ general condition or ailments. Nursing home neglect often happens over a long period of time, making subtle changes in a patient’s condition difficult to detect. In order to understand the scope of this problem, it is important to recognize the different types and symptoms of nursing home neglect.

The most obvious form of neglect is physical neglect, which can take many shapes and forms. The worst cases of elder neglect may involve deprivation of a resident’s basic needs, such as food and water, resulting in dehydration and malnutrition. A safe and clean environment, with proper nutrition, is vital to anyone; but it is especially important for the elderly, who may already have compromised health. You might assume that any resident would have access to and would be provided with all necessary medical care; but this is not always the case.
Continue reading

While the public may be more familiar with medical malpractice claims involving a hospital or physician, these types of claims are also available against other medical professionals who do not offer treatment with the requisite standard of care, including dentists. Dental injuries can be very painful, and often the damage may only be repaired by placing a crown on the tooth, a root canal, or even removing the tooth.

Dental malpractice claims require the same legal elements be proven as with other medical malpractice claims. The plaintiff will be required to show “(1) the proper standard of care for the defendant [dentist]; (2) an unskilled or negligent failure to comply with the appropriate standard; and (3) a resulting injury proximately caused by the physicians’ failure of skill or care.” Jinkins v. Evangelical Hospitals Corp., 336 Ill. App. 3d 377, 382 (1st Dist. 2002). Generally, expert testimony will be required to establish the applicable standard of care and a breach of that standard of care. The Illinois Supreme Court explained that because laypersons do not generally understand medical procedures or treatment, expert testimony is required to aid members of the jury, as well as the judge. Addison v. Wittenberg, 124 Ill.2d 287, 297 (1988). The only exceptions to this requirement occur when the treatment is very common or the act which causes the injury is “so grossly negligent” that members of the jury would be able to evaluate the conduct with their own knowledge and experiences. Id.
Continue reading

Route 53 has notoriously been a dangerous highway for motor vehicle drivers, but the construction being completed there may soon alleviate the number of serious accidents. Last week marked the expected half-way point for the Illinois Department of Transportations (IDOT) Route 53 construction project, which began on August 29, 2011, and has an anticipated end date of October 17, 2013. Originally slated to end sooner, the project has been plagued with various setbacks, including several heat waves (effecting the ability to pour concrete) and a brief hiatus for the Labor Day holiday. Of course, drivers’ safety, however invaluable, does not come cheaply: this project will cost roughly $45 million.

The portion of Route 53, also known as Rohlwing Road, subject to construction consists of 4.1 miles running from Army Trail Road to the Elgin O’Hare Expressway. IDOT hopes that the project will reduce the congestion, which has plagued this stretch of road in recent years, leading to multiple car accidents and fatalities. Similarly aimed construction commenced on Butterfield Road (Route 56) in DuPage on June 1, 2011. The Rohlwing Road construction will include a second lane added in both directions and the intersections at Army Trail Road, Lake Street, and Irving Park Road will be improved to include additional through lanes, left turn lanes, barrier medians, and modernized traffic signals. As part of the project, part of Army Trail Road will also be reconstructed. A report released by the Addison Police Department showed that car accidents at the intersection of Route 53 and Army Trail Road had increased by 28% from the year 2009 to 2010; the intersection of Route 53 and Lake Street had increased by a remarkable 58%. These troubling statistics no doubt reinforced IDOT’s decision to commence construction.
Continue reading

Reckless driving in Illinois carries stiff criminal and civil penalties. Reckless driving poses a danger to drivers, pedestrians, and innocent passengers on Naperville Roads. Too often, reckless driving causes significant injuries. Recently, a Macon County Sheriff’s Deputy was arrested by Decatur, Illinois police for reckless driving that resulted in serious and permanent injuries to an innocent driver. To deter reckless driving, a criminal court may impose a variety of severe penalties. In 2007, a then Illinois State Trooper had his license revoked after killing two young women when he was traveling over 120 miles per hour while sending email and talking on his cell phone.

A study conducted by the AAA Foundation, which examined the cause of fatal accidents from 2003-2007, found that reckless and erratic driving was a factor in 7.4% of fatal accidents. According to Illinois law, reckless driving occurs when a person drives a vehicle with willful or wanton disregard for the safety of others or property, or who knowingly drives a vehicle and uses an incline in the road, like a bridge, railroad crossing, or hill, to cause the vehicle to become airborne. 625 ILCS 5/11-503.
Continue reading

When a plaintiff pursues a personal injury lawsuit as a result of a motor vehicle accident in Illinois, it is imperative to properly serve the defendant with a complaint and summons. Failure to properly serve a defendant may be fatal to a plaintiff’s case. Under Supreme Court Rule 103(b), a plaintiff is required to exercise due diligence in their attempts to serve the defendant, and failure to do so may result in the dismissal of the case. To determine the proper method of service, or the act of physically giving the complaint and summons to the defendant, a plaintiff must evaluate the amount of their damages and ascertain the location of the defendant.

To determine the proper method of service upon an individual, the plaintiff must first evaluate and determine the approximate amount of their damages.
Continue reading

Rental car insurance is confusing. Before you rent, it is important to know if your insurance provides coverage for the rented vehicle, and under what circumstances that coverage may be limited. The answers to these questions may depend on the language of your own automobile insurance policy concerning “substitute vehicles.” To trigger a “substitute vehicle” clause, an important fact to consider is whether your car is “disabled” and “withdrawn from use,” rather than when you simply are concerned that it may be on the brink of becoming disabled or possibly in need of repair. If your rented car is involved in a car accident, questions may arise as to whether your own insurance policy will still cover you for a bodily injury liability claim (if you cause an accident, injuring someone), an uninsured motorist claim (if you become injured due to the fault of an uninsured driver) or an underinsured motorist claim (if the at-fault driver carries an insufficient amount of liability coverage to adequately cover your injury claim).

Your automobile insurance policy likely has a “Substitute Vehicle” clause, which provides coverage for a “temporary substitute vehicle” when the insured vehicle is not in “normal use” or has been “withdrawn from normal use.” When your rented vehicle meets the requirements of a “Substitute Vehicle,” the rented vehicle is covered to the same extent as your own vehicle. The public policy behind enforcement of substitute vehicle clauses is to prevent an insurance company from being liable for two vehicles while the insured has paid only one premium.
Continue reading