Chicago Trial Attorney Blog : Chicago Trial Lawyer & Attorney : Philip J. Berenz Law Firm : Business Litigation, Personal Injury

According to an article published January 23, 2010 here, authorities in both Illinois and Indiana are investigating numerous nursing homes for patient safety problems. According to the article, an Indiana nursing home named Northlake Nursing and Rehabilitation Center run by a for-profit company may avoid likely closure. The primary investor of the nursing home is nursing home operator Eric Rothner and

Many of Rothner's nursing homes have suffered quality and patient safety problems and have been investigated by authorities in Indiana and Illinois.

Also according to the article, Northlake was "red-flagged" for a "Special Focus Facility watchlist by the Centers for Medicare and Medicaid Services. . . and it was noted that the "home is ranked by state and federal agencies as among the worst in the state."

Review the Centers for Medicare and Medicaid Services listings of nursing homes here and check to see if your loved one is in one of these poor-performing facilities and keep a vigilant eye on the care and treatment. If you believe your loved one has been abused or neglected, please do not hesitate to contact us for a confidential, free initial consultation on whether you should file a claim.

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After an auto or other accident (auto, malpractice, slip and fall--or any incident such as a breach of contract, sexual harassment incident, assault and battery, nursing home negligence and abuse or any incident you can possibly imagine), insurance companies will most likely be the first to contact you. Next, will be other individuals or entities--all trying to investigate and obtain information to build a defense against any potential claim you may have.

Whether you should talk to the insurance company (or any other person or entity) is basically a judgment call on your part; however, you should simply consult with an attorney first and ask the insurance company or other investigator that your attorney be present on a teleconference call to protect your rights. You generally have a duty to cooperate with your own insurance company under your policy.

And if another party's insurance company contacts you, a witness or other investigator, you are generally not required to talk to at all--and should not without an attorney present. A third party's insurance company or other investigator will most likely take down notes, or worse, record the conversation and then try to build a defense in your case or use every single word you say against you 6 months, 1 year, 2 years later in your case. In addition, defendant's insurance companies will try to "push" low settlement offers--sometimes $500.00 or $1,000.00 when your medical bills could quickly escalate over those amounts after an accident.

As for witnesses or other investigators, you should absolutely consult with an attorney first. The attorney should be involved to take a witness statement if possible for preservation of thoughts and observations while they are fresh in everyone's minds. Again, such statements can greatly impact your case and you should get all contact information from a witness immediately at the scene of an accident--the more telephone numbers, the better!

If you are unsure of who to speak with, simply pick up the phone and call us at 312-375-6524 (24/7/365--and we really mean that!) for two minutes. We can help and those two minutes could impact your case significantly. 

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Effective January 1, 2010, using your mobile device can get you a ticket, but worse, they cause accidents which sometimes cause injuries to you and others for life. Bottom line, wait to use your mobile device, focus on the road and be respectful of others around you--especially while doing 65 m.p.h. down the highway. Mobile devices are shown to cause distractions and having handled numerous auto accidents, our firm learns that Defendants were often using mobile devices just before an accident and our clients pay dearly with life-altering injuries.

Illinois House Bills 71 and 72 were signed in August of 2009 by Governor Pat Quinn and according to a summary of the laws on the State of Illinois web site here: 

The new laws ban motorists from sending text messages while driving in Illinois, and make it illegal to talk on a cell phone while driving through a highway construction zone or school zone.  In addition, it will become illegal to compose, send or read text messages, instant messages and e-mail on a cell phone or surf the internet while driving.  The ban also includes personal digital assistants and portable or mobile computers, but does not include global positioning systems (GPS) or navigation systems.

According to the National Highway Traffic Safety Administration estimates, driver distraction from all sources contributes to 25 percent of all police-reported traffic crashes. If you have a youth driver in the home, take 5 minutes and explain the ramifications of using a mobile device while driving. Plead with them to wait a few minutes before using their mobile devices. And even adults need to put the devices down, keep their eyes on the road and help make the roads a safer place for all.

If you are in an automobile accident and you believe the person who hit you was using a mobile device, pointedly ask the person (if you can have a civil conversation with him or her) if they were using a cell phone or texting when they hit you. If they admit it, tell the police officer that comes to the scene to at least make a note of it in the police report even if the police do not issue a ticket and ask the police officer to confirm the conversation. Contact us 24/7/365 (and we really mean that as wewill answer our phone) if you have any questions about how such an accident could affect your claim against that driver. 

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