Articles Posted in Lawsuits

Personal injury lawyers at Abels and Annes, working with co-counsel, have filed a lawsuit stemming from an auto accident that occurred in Chicago, Illinois.

The plaintiff was injured when the automobile he was driving was hit head-on by a vehicle driven by a negligent driver. Our client was driving eastbound on Grand approaching its intersection with Mulligan in Chicago, Illinois. The defendant was driving westbound on Grand, approaching its intersection with Mulligan.

The other driver signaled his intention to turn left onto southbound Mulligan. Plaintiff was driving straight and had the right-of-way, so he proceeded into the intersection at Mulligan. The defendant failed to yield the right-of-way to our client and turned left, hitting the front of our vehicle with the front passenger’s side of his vehicle.

The fact pattern in this claim is very common. Our office has seen many, many accidents over the years caused by a motorist failing to yield the right-of-way to oncoming traffic while making a left turn.

The force of the impact was so great that it pushed our client’s car off the road and into a parked car.

The Chicago Police Department responded to the scene of the collision. After speaking with both parties, the police determined the collision was the result of the defendant’s failure to yield the right-of-way.

We are alleging the negligent driver failed to keep a proper lookout, failed to stop and/or reduce his speed to avoid a collision, failed to yield the right-of-way, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including Plaintiff.

Following the collision, the plaintiff had an immediate onset of neck, back and head pain.

Shortly after the collision, he sought medical treatment from a physician. The plaintiff complained of pain in his back, neck and head as well as pain in his knee. A history was taken and he was examined. Upon exam, he had paraspinal tenderness that was most severe at L4-S1, left knee pain and limited range of motion in his left knee. The doctor diagnosed him with bursitis, contusion, and a knee injury, prescribed him pain medication, and instructed him to follow up as needed.

Due to ongoing and increasing pain, our client sought follow up medical care with another physician. At that time, he continued to complain of neck pain, headaches, and back pain. A history was taken and he was examined, revealing tenderness to palpation over C1-7, T1-12, L1-S1 and bilateral sacroiliac joints, tenderness to palpation over the bilateral trapezius muscles and the occipital region of the head. The doctor noted subluxations throughout his cervical, thoracic and lumbar spine as well as muscle spasms along the spine, severe at the cervical level. His range of motion was limited in his cervical and lumbar spine. The physician ordered x-rays of his cervical and lumbar spine, which revealed a loss of normal cervical lordosis and pelvic and sacral unleveling.

The doctor diagnosed the plaintiff with cervical brachial syndrome, muscle spasm, lumbar facet syndrome, cervical, thoracic and lumbar segmental dysfunction, and sacroiliac dysfunction. He ordered a course of treatment to consist of neuroelectrical muscle stimulation, thermal modalities, and manual therapy to the spine, sacroiliac joints, and soft tissue areas where he experienced pain. Treatment was ordered to reduce his spasms, normalize his muscle tone, decrease his pain, increase his range of motion, normalize joint function and return him to his pre-injury status.

Pursuant to doctors orders, our client began a course of therapy. He engaged in twenty-four (24) sessions over several months, after which time he was discharged.

Due to the collision, our client has incurred thousands of dollars in medical bills. Today, is still having low back pain on a regular basis, some days worse than others. His pain affects the activities of his daily life and restricts him from engaging in some activities as he did prior to the collision.

A lawsuit was filed in Cook County Circuit Court due to the fact that the defendant’s insurance carrier failed to make a reasonable settlement offer out of court.

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While Illinois injury lawyers at our office are usually able to settle most claims out of court, sometimes insurance carriers are unreasonable and lawsuits need to be filed. Here are the facts of one case that is headed to Court in Cook County.

The claim arises out of a Chicago automobile collision which took place in December, 2010. Our client was injured when the automobile he was driving was hit head-on by a 2000 Chevy Impala driven by the defendant.

The plaintiff was driving eastbound on Grand Avenue in his 2008 Ford 250 approaching its intersection with Mulligan. The defendant was driving westbound on Grand, approaching its intersection with Mulligan.

As our client was driving straight and had the right-of-way, he proceeded into the intersection at Mulligan. The Chevy driver failed to yield the right-of-way and turned left, hitting the front of the plaintiff’s vehicle with the front passenger’s side of his vehicle. The force of the impact was so great that it pushed the Ford off the road and into a parked car.

The Chicago Police Department responded to the scene of the collision. After speaking with both parties, the police determined the collision was the result of the other driver’s failure to yield the right of way. They ticketed the negligent driver.

Following the collision, our client had an immediate onset of neck, back and head pain.

Shortly after the crash he sought medical treatment from a doctor. Our client complained of pain in his back, neck and head as well as pain in his knee. A history was taken and he was examined. Upon exam, he had paraspinal tenderness that was most severe at L4-S1, left knee pain and limited range of motion in his left knee. The physician diagnosed him with bursitis, contusion, and a knee injury, prescribed him pain medication, and instructed him to follow up as needed.

Due to ongoing and increasing pain, he sought follow up medical care with another doctor on December 22, 2010. At that time, he continued to complain of neck pain, headaches, and back pain. A history was taken and he was examined, revealing tenderness to palpation over C1-7, T1-12, L1-S1 and bilateral sacroiliac joints, tenderness to palpation over the bilateral trapezius muscles and the occipital region of the head. The physician noted subluxations throughout his cervical, thoracic and lumbar spine as well as muscle spasms along the spine, severe at the cervical level. His range of motion was limited in his cervical and lumbar spine. He ordered x-rays of our client’s cervical and lumbar spine, which revealed a loss of normal cervical lordosis and pelvic and sacral unleveling.

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An Illinois auto accident lawyer at our firm, working with co-counsel, recently filed a lawsuit on behalf of two Chicago residents who were injured in December, 2010.

The plaintiffs, a driver and a passenger, were rear-ended by a vehicle driven by a negligent driver. The clients were traveling in a 2005 Range Rover southbound on I-90. The at fault driver was operating his 2002 Chevy Impala southbound on I-90, behind the plaintiff’s vehicle.

The plaintiff’s automobile stopped for traffic ahead of it. The defendant failed to stop and/or reduce the speed of his vehicle he was driving, and struck the Range Rover from the rear. The force of the initial impact propelled the plaintiff’s vehicle to the right off of the roadway, striking a concrete wall, which was adjacent to the right lane of traffic.

The Illinois State Police responded to the scene of the accident. Their investigation placed the defendant at fault for the accident.

Our lawsuit alleges the defendant failed to keep a proper lookout, failed to stop and/or reduce the speed of his vehicle to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including our clients.

Following the collision, the plaintiff who was a passenger had an immediate onset of neck pain, back pain and left shoulder pain. Shortly after the collision, she sought medical treatment at Our Lady of the Resurrection Hospital’s Emergency Department. There, she initially complained of neck pain, back pain, and left shoulder pain. A history was taken and a physical examination was performed. She was diagnosed with musculoskeletal pain and a muscle strain. She was prescribed pain medication and instructed to follow up with a physician.

Over the next couple weeks, the plaintiff’s pain increased significantly. She sought follow up medical treatment from a medical doctor. She complained of neck pain, and back pain. A history was taken and an examination was performed. The physical examination revealed tenderness in the paracervical muscles and left trapezius muscle, as well as pain and muscle spasm on palpation of the lumbar area. The physician diagnosed her with a cervical spine sprain/strain and lumbar spine sprain/strain. The doctor ordered x-rays of her cervical spine and lumbar spine, prescribed pain medication and recommended that she begin additional physical therapy.

Per the doctor’s recommendation, she began an additional course of physical therapy on December 21, 2010. She attended twenty (20) sessions of physical therapy which ended on March 11, 2011.

She obtained x-rays of her cervical spine and lumbar spine. The cervical spine x-ray revealed straightening of the normal lordotic curvature.

On January 4, 2011, the plaintiff returned to her docotr for follow up treatment. A physical examination revealed pain on palpation of the paracervical muscles, right trapezius muscles, and back muscles. At that time, her physician instructed her to continue physical therapy and pain medication.

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Illinois bicycle crash attorneys at Abels & Annes have filed a lawsuit on behalf of a Chicago teenager that was injured by a negligent driver. This claim arises out of an automobile vs. bicyclist collision which took place on August 22, 2009 at approximately 2:50 p.m. There was plenty of light, the roads were straight and flat and visibility was good.

The plaintiff, a fifteen year old boy, was riding his bicycle westbound along the sidewalk that ran along the north side of 37th Street in Chicago, Illinois. The defendant was driving southbound, exiting an alley. As the motorist drove across the sidewalk, she hit the bicycle rider with the front end of her vehicle.

The Chicago Police Department responded to the accident. The defendant admitted to the investigating police officer that she struck our client with her vehicle as she was exiting the alley.

After being struck the bicyclist flew up onto the driver’s hood, and when the car stopped the teen was thrown off the hood onto the pavement. After landing on the pavement the plaintiff had an immediate onset of pain and discomfort.

The bike rider had back pain, left hand pain, and right foot pain. He was transported to Mount Sinai Hospital‘s Emergency Room by his mother.

At Mount Sinai the teenager complained of back pain. A history was taken, he was examined and diagnostic testing was performed. He was given pain medication and instructed to seek follow up care after a few days.

Over the next couple of days the plaintiff’s condition worsened and he sought follow up treatment at Mount Sinai’s Emergency Department two days later, on August 24, 2009. He continued to complain of severe low back pain. He was again examined and additional diagnostic tests were performed. A possible spinal fracture at L3 was discovered and a neurosurgeon was consulted. He was given more pain medication and muscle relaxants, was instructed to stay out of gym class and was instructed to seek follow up care. He was eventually allowed back into a modified gym class.

On August 25, 2009 our client followed up with a board certified neurologist. He continued to complain of severe low back pain. The doctor ordered a follow up x-ray. On August 27, 2009 he saw another physician and complained of severe back pain. At that time the doctor agreed with the neurologist’s plan of care. Teen was seen by the neuro again on August 31, 2009 at which time he continued to have complaints of back pain. The doctor ordered a CT scan and also recommended that the plaintiff stay home from school due to possible spinal fracture.

On September 8, 2009 a CT scan identified disc bulges at L4-5 and L5-S1 as well as a 3 mm bone island in the CT and a course of physical therapy was prescribed. Following the initial course of therapy he returned to the neurologist on October 5, 2009 with ongoing complaint of back pain radiating into his right thigh. The doctor extended the course of therapy and prescribed muscle relaxants.

Following the second course of therapy the teen returned to the doctor on November 2, 2009 with ongoing low back pain, especially in the morning. The physician explained that recurrence of back pain is a normal part of the healing process. The doctor discharged him as having reached maximum medical improvement.

Unfortunately on December 14, 2009 the plaintiff suffered a severe exacerbation of his back pain when he bent over to pick up a television remote. He went to Mount Sinai’s Emergency Department where he was given pain medications and muscle relaxants and instructed to seek follow up medical care.

On December 18, 2009 he followed up with on of his physicians. He continued to complain of severe low back pain radiating into his thigh. The doctor prescribed another course of physical therapy. Following this course of therapy he returned to the doctor with ongoing low back pain with numbness in his right leg. His doctor suspected a herniated disc at L4-5 and ordered an MRI.

The lumbar MRI performed on January 8, 2010 revealed a 2 mm disc bulge at L3-4, a 4-5 mm disc bulge at L4-5, and a 5 mm disc bulge at L5-S1. Based upon these findings the doctor referred our client to a pain specialist, board certified anesthesiologist and pain management specialist.

The client first saw the specialist on January 28, 2010. He recommended lumbar epidural steroid injections. Due to his mother’s concern regarding this procedure they sought a second opinion from another neurologist with Mount Sinai Medical Group. The second doctor agreed with the first doctor’s plan. The injections were performed on February 4, 2010. Following the initial injection the client had relief for two or three days and then the pain returned, although at a slightly lower level than prior to the injections.

Following the injections both doctors recommended that the continue with physical therapy. The plaintiff continued with therapy at Schwab Rehabilitation Center through the beginning of December, 2010.

Given the plaintiff’s young age the treating physicians are very reluctant to perform any sort of invasive surgical procedure such as a spinal fusion. There are no real treatment options left other than to continue with the home exercise program provided through physical therapy, curtain his physical activities and learn to live with his pain and limitations.

Medical expenses incurred by our client so far total over $50,000.

Despite the treatment he has undergone, the teen continues to suffer from pain and discomfort in his low back. This pain has greatly affected his life. As a result of his injuries he has been unable to engage in many activities he enjoyed prior to the collision, and those activities he can engage in cause him pain and he cannot participate as he did prior to the collision.

It remains painful for him to sit, stand or walk for any length of time. It is painful for him to bend or twist. The teenager was an avid football player and softball player. He dreamed of playing college football. However, since the collision he has been unable to participate in football, softball or any other sports. He was taken out of gym class and when he was returned it was to a specialized gym class.

These restrictions would be traumatic for anyone, but they are especially burdensome for a teenager who should be in the most active and carefree portion of his life. The injuries caused by the negligence of the defendant will continue to trouble the plaintiff for the remainder of his life. He has even been told by his doctors that he will not be able to perform any physical labor which will significantly impact his career options and lifetime wages.

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A couple weeks ago model Irma Sabanovic drove into her watery death during a car accident in Chicago that left her car submerged in the Chicago River on the 1100 block of West Blackhawk Street, according to My FOX Chicago.Now, victims and safety advocates are searching for somewhere to rest the blame and the City finds itself the focus of that wrath. The city has placed a number of reflectors and barricades in these areas in an attempt to warn motorists of the water dangers.

Our Chicago car accident attorneys understand that the water around our city, and the river running through it, pose a threat to motorists in the event of an accident. Knowing what to do in the event of a submersion accident can mean the difference between life and death.

Sabanovic reportedly neglected to notice the end of the road meeting the beginning of the river as she drove her car directly into the water. She was reportedly submerged in the water nearly an hour before she drowned.

The family of the model filed a lawsuit against the city. They claim that the city of Chicago neglected to place barricades or any significant warning signals near the scene of that accident to warn motorists of the dangers. Reports indicate that there was no signage at the site aside from one “No Outlet” sign. Abels & Annes is not affiliated with any of the parties to the lawsuit.

“(The street) was well-lit, there was a ‘No Outlet’ sign prominently displayed at the entrance to the street and there was an 8-inch curb at the end of the street, which is four times higher than the average city curb,” spokeswoman for the city’s Law Department Jennifer Hoyle said.

This accident mirrors the 1992 death of Rick Roman, Director of Improv Olympic Theatre, in which he plunged into the same river, according to the Chicago Tribune.

According to SafetyIssues.com, more than 300 motorists die from submersion accidents each year. More specifically, they drown in their vehicles. This means, more than one person dies every 29 hours from these accidents.

Safety advocates still rely on the POGO Method as the best tool to help you escape a submerging vehicle:

Pop off your seat belt, and everyone else’s seat belt in the vehicle.

Open the window. Break it open if necessary.

Get everyone out of the vehicle.

Out. Once you’re out of the vehicle, assess the water currents. Be sure to swim with the current to safety. Swimming against currents can only tire you and put you at a greater risk of drowning.
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Chicago injury lawyers at Abels & Annes, working as co-counsel with the Elman law group, have filed a lawsuit against a drunk driver for his involvement in an April, 2009 auto accident. The collision took place in the 9100 block of S. Jeffery Blvd. in Chicago.

The plaintiff was driving southbound on Jeffrey when the defendant, who was traveling northbound in a Mercury Tracer, crossed the centerline and struck our client’s Ford Explorer. The accident was witnessed by a Chicago Fire Department Battalion Chief who verified the above version of events.

After the accident, the Chicago Police Department came to the scene. They charged the defendant was driving under the influence of alcohol.

Illinois car crash lawyers from Abels & Annes, working in conjunction with the Elman law group, have filed a lawsuit in the Circuit Court of Cook County stemming from an accident that occurred back on April 14, 2009. The accident occurred at the intersection of Division Street and Leamington in Chicago, Illinois around 10 PM.

At that time, the plaintiff was driving a 2005 Mercury Sable eastbound on Division Street. As he was passing by Leamington, the defendant failed to yield coming out of a stop sign and caused a collision in the intersection. The plaintiff had no stop sign, and therefore had the right-of-way.

Our driver sustained low back and left knee injuries in the accident. He was seen shortly after Rush Oak Park Hospital.

An Illinois personal injury lawyer has filed a lawsuit on behalf of an Oak lawn man who died in a Chicago car vs. pedestrian accident that occurred last Thanksgiving, according to the Neighborhood Star. The wrongful death lawsuit was filed in Circuit Court of Cook County. The victim’s mother has been named special administrator of the estate for the purposes of the suit.

The accident reportedly occurred when the victim was trying to push his disabled vehicle and 6500 block of Cicero Avenue around 3 AM. At that time an alleged drunk and speeding driver struck the pedestrian.

The victim was rushed by ambulance to Christ Medical Center in Oak Lawn where he passed away several hours later. Four other people were hurt in the accident, and five ambulances responded to the crash.

Illinois accident attorneys have filed a lawsuit in the Circuit Court of Cook County stemming from an accident that occurred on the movie set of Transformers 3 that left a woman with brain damage, according to the Associated Press.

The Chicago area accident took place when the victim was working on the movie set as an extra on September 1, 2010. She was making minimum wage and an additional $25 because she was using her own car.

The Chicago Tribune is reporting that the lawsuit alleges that the victim was driving her blue Scion as part of a stunt as the movie was being filmed on a roadway in Hammond, Indiana. At that time three flatbed trucks and two stunt cars going in excess of 50 mph were moving towards her vehicle on the opposite side of the roadway. Two trucks involved were pulling cars with steel cables.

Illinois car crash attorneys from Abels & Annes have recently filed another personal injury lawsuit in the Circuit Court of Cook County. The case stems from an accident that took place on November 19, 2008 at 21 W. 95th St. in Chicago.

Our clients, who were a driver and passenger in 1997 Chevrolet Blazer, were stopped in traffic when they were rear-ended by the driver of a 1997 Dodge Dakota. Our driver sustained low back injuries and the passenger sustained back and neck injuries in the accident.

Due to their injuries, the driver was seen at the ER at University of Chicago Hospital, while the passenger was seen at the Holy Cross Hospital emergency room.

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