February 20, 2026

Steps To Take After A Chicago Auto Accident

Car accidents can disrupt your life. If you are involved in a vehicle accident, make sure to call the police, and have a police report written up at the scene. Because people’s memories and road conditions fade or change, a police report may be credible evidence at trial or settlement discussions. It documents what occurred a few moments after an accident. The closer a recording is to an accident, the more reliable.

At the scene, the police may give you a number to obtain the report from the police station. Make sure to get a copy and read it carefully. If you have insurance, send a copy to the insurance company. The police report may even assist in assigning liability if the police officer specifies a party violated the vehicle code. Even if there is no citation issued for a violation, the officer indicates that the accident occurred because of the carelessness of one side.

If after the accident, you see that the officer made a negative comment in a police report about you or did not include something, find the officer and ask the officer to say for sure who was at fault, or state that the officer cannot tell clearly who was at fault if that is the case. If you find the officer, s/he will most likely go by what is in the report because s/he writes so many reports s/he may be unable to remember one accident from another. Note the date and time you speak with the officer so if the other party claims you are liable for the accident because of an officer’s negative comment, you can say you already asked the officer about it and the officer declined to state specifically who was at fault.

The police report will include all the parties involved in the accident and any witnesses at the scene. You do not need to determine who was at fault. Let a Chicago attorney handle the investigations. Give a copy of the police report to an experienced Chicago personal injury attorney who will notify anyone who might be at fault. Do not speak to the other parties in the accident. You just need to find out their addresses, full names, employers, and insurance details. You do not need to give a statement on your take about the accident. A Chicago personal injury attorney can help you let responsible parties know there was an accident on a particular date and time, that you were injured, and you intend to file a claim. Giving notice prevents unfair surprise when file a claim.

If you or a loved one has been injured or killed in a car accident, contact us today to pursue your claims.

What You Can Recover in a Chicago Car Accident

2THEADVOCATE.COM reported that on November 29, 2009, a 2000 GMC Safari Minivan carrying 15 people went out of control and rolled on a highway, striking a delivery truck, and then leaving the driver and 5 children dead, and 10 other people critically injured.

If you are involved in a car accident in Chicago, you may be entitled to recover damages for pain and suffering, emotional distress, medical, loss of earnings, and property damage if (1) your injury is a direct result of the car accident, (2) the accident was caused by another person’s carelessness, and not your own.

Engage an experienced Chicago personal injury attorney to help you evaluate the worth of your claim when your injuries are long term, the legal rules are complex, or liability is disputed.

The severity of injuries is measured by the amount of medical bills, length of time to recover, and types of injuries. Soft tissue injuries are difficult to prove. They are not permanent. There is discomfort to the muscles or nerves, but you cannot pinpoint them like broken bones that cause life disruptions. Diagnosis of the injury may run up the medical bills with tests and exams, but bills relating to treatment determine the seriousness. Medical bills from doctors, hospitals, clinics are given more weight than physical therapy and chiropractors. Physical therapy under a doctor’s referral and control is more likely lumped as part of medical specials than physical therapy that was not recommended. If a doctor prescribes medication, convince the responsible party the injuries are serious depending on how strong and how long the medication is prescribed. Taking prescription drugs indicates a doctor viewed an injury as painful.

Claims where the legal rules are complex include toxic exposures. Exposures to contaminants to air, water, or soil require expert scientific data to prove. Liability may be disputed when an insurance company or government entity refuses to make a fair settlement.

If you are a survivor of a parent, spouse, or child who died in a car accident, you may have claims for loss of consortium, including loss of companionship, sexual relations, financial losses, and pain and suffering. You need to establish (1) the death was caused by the careless actions of the defendant, and (2) happened as a result of the car accident.

When injured in a car accident in Chicago, obtain the following information from the other driver: name, address, phone numbers, name of liability insurance company. Read up on statute of limitations for car accident cases. The injured party is allowed to file suit from one day after the accident against a careless party until the statute of limitations expires after the accident.

If you or a loved one has been injured or killed in a car accident, contact us today to help you get the ruling you deserve.

Yvonne Newsome v. Homier Memorial Hospital: Understanding Medical Malpractice

In Yvonne Newsome v. Homier Memorial Hospital, et al., No. 10-CC-0564, Supreme Court of Louisiana (April 9, 2010), the plaintiff Yvonne Newsome sued Clint C. Butler, MD, John H. Smith, MD, and Homer Memorial Medical Center for medical malpractice. Sometimes, the jury system is the only protection people have when they go against educated, top-ranked physicians.

Newsome may be persuasive precedent for a personal injury case in Chicago, IL when determining medical malpractice. Medical malpractice is professional negligence by a medical provider who does not provide the reasonable standard of care to a patient, that the medical community provides, and causes injury or death to the patient. The defendants treated Newsome from December 21, 2004 to December 28, 2004.

Licensing boards require health care providers to have professional liability insurance to offset costs of medical malpractice lawsuits. With insurance, providers have the advantage of free defenses from insurance policies. Medical malpractice cases normally do not settle until an injured party files a lawsuit and after discovery. In Newsome’s case, the defendants filed a motion for summary judgment after each party conducted discovery in the form of depositions, interrogatories, and admissions. A party making a motion for summary judgment must have supporting evidence to show there are no disputes on facts, and that the only issues before the court are legal, without the need for a trier of facts.

The issue before the court in Newsome was whether the trial court erred in continuing a hearing for the defendants’ motion for summary judgment making plaintiff’s filing of an expert witness affidavit opposing the motion for summary judgment untimely.

A medical provider in Chicago breaches a duty when it fails to conform to the standard of care in the jurisdiction evidenced by expert testimony. To qualify as an expert in a medical malpractice case, a person needs sufficient knowledge, education, training, or experience in the particular field before the court to give a reliable opinion.

On appeal, the court in Newsome held that the trial court erred in continuing the defendants’ motion for summary judgment hearing because the plaintiff had at least a year to obtain the expert, but waited until the day before the defendants’ hearing to obtain the expert’s affidavit. With the court’s ruling, the case was remanded to the trial level for hearing on defendants’ motion for summary judgment.

If a medical provider has failed to provide proper treatment or care, contact a Chicago personal injury attorney for an evaluation of the merits of any medical malpractice case.

Malpractice in Chicago Doctor’s Death

Tampabay.com reported on July 3, 2010 in “St. Petersburg surgeon accused of malpractice in death of Chicago doctor” that a St. Petersburg, FL surgeon is being sued for medical malpractice in the death of a Chicago doctor whom he performed an appendectomy in 2009.

The plaintiff in the suit is the doctor’s husband, who is also a physician. The FL doctor was accused of negligence in his care of the Chicago doctor, who died at Palms of Pasadena Hospital after complaining of abdominal pain. After it was determined the Chicago patient had an inflamed appendix, the FL doctor performed the appendectomy. The Chicago patient’s blood pressure dropped while her heart rate climbed after the surgery. Allegedly neither the FL doctor nor the nursing staff adequately monitored the Chicago patient’s condition. When the patient told the nursing staff she was not being cared for properly because her blood pressure was too low, the nursing staff did not call or notify her doctor, and instead wrote in her chart she was engaged in “attention seeking behavior.” The patient was found “pulseless, unresponsive and without respiration or blood pressure.” Her cause of death was post-operative bleeding. The lawsuit claimed the FL doctor failed to review the Chicago patient’s medical chart and failed to diagnose her post-operative bleeding. The FL doctor was one of Tampa Bay area’s better known bariatric, or weight-loss, surgeons.

Sometimes the only protection people have when they go against powerful top-ranked physicians is the jury system.

Medical malpractice is professional negligence by a health care provider who deviates from the reasonable standard of care in the medical community and causes injury or death to the patient.
A plaintiff must establish four elements of negligence for a successful medical malpractice claim:

  • The defendant owed a duty to the plaintiff
  • The defendant breached the duty
  • The breach caused the plaintiff injury
  • Damages resulted from the injury

A legal duty exists when a hospital or health care provider agrees to care or treat a patient. The provider breaches a duty when it fails to conform to the standard of care in the jurisdiction evidenced by expert testimony. To qualify as an expert in a medical malpractice case, a person must have sufficient knowledge, education, training, or experience in the specific field before the court to give a reliable opinion. Each Chicago injury lawyer maintains relationships with nationally known experts in medicine to ensure that its cases are well-founded and strongly supported.

Contact us to obtain the maximum monetary compensation for medical malpractice losses.

What to Do After a Car Accident

With people driving above the legal blood alcohol content limit and not paying attention to traffic laws, accidents occur everyday on Chicago streets. After an accident, write down what you were doing at the time of the accident, where you were going, the people you were with, the time and weather, shocks to your body, anything anyone said. Take notes of conversations with insurance adjusters, witnesses, and medical personnel. These notes will be invaluable to a Chicago injury attorney when obtaining the maximum monetary compensation for your property damages and bodily injuries.

When injured in an accident, following release from the hospital, make daily notes of your pain and activities. If you do not record your pain, you will forget them once you recover and the injury marks on your body clear away. Take photos of injuries to later prove they existed immediately. Scars heal over time, making it difficult to establish you were ever hurt.

For economic loss, document days taken off from work, job opportunities missed, classes absent from if going to school, social gatherings not attended.

If an accident is with a truck, the following parties may be responsible for a plaintiff’s injuries: truck driver, truck owner, vehicle manufacturer, truck cargo shipper. Each Chicago injury lawyer diligently investigates the relationships between the responsible parties to make sure truck drivers who do not have many assets or trucking companies that try to avoid liability by arguing the drivers are independent contractors do not leave an injured person with little recovery.

With truck accidents, driver errors are likely to be the cause of accidents more so than other factors like weather, road conditions, or vehicle performance. Federal regulations require trucking companies to test drivers for substance abuse. Besides alcohol impairment, sleep deprivation or prescriptions drugs may impair a driver.

Federal regulations have rules on hours of service to ensure drivers obtain needed rest to drive safely. To prove sleep deprivation, a Chicago injury lawyer investigates the truck driver’s logs. Drivers are required by federal laws to record their driving information. Discovery will be made of driver trip tickets for deliveries including stamps that expose the time a driver picks up a load.

Often the legal aspects of vehicle accidents require urgent action. Contact us today to obtain the maximum monetary compensation for vehicle accident losses.

LaCoste v. Pendleton Methodist Hospital: Understanding Premises Liability

LaCoste v. Pendleton Methodist Hospital, a New Orleans, LA case that eventually settled involved a 73-year-old who died when she was recovering from pneumonia. She needed a ventilator when the defendant Pendleton Methodist Hospital lost power during Hurricane Katrina, and its backup generator failed from flooding.

LaCoste v. Pendleton Methodist Hospital may be persuasive precedent for a personal injury case in Chicago, IL when evaluating the standard of care medical providers must apply during emergency situations. With natural catastrophes like fires, earthquakes, blizzards commonplace, courts will be looking at what kind of care a hospital needs to apply during unanticipated crises.

The plaintiffs in LaCoste sued based on premises liability, rather than professional negligence. They claimed business decisions not related to medical care were to blame for the death. A plaintiff basing a claim on general negligence rather malpractice increases the liability risk for a hospital by opening the door to more lawsuits by other patients who die from the same emergency non-preparedness rather than the mistreatment of a few healthcare professionals.

Professional negligence by a healthcare provider occurs when the provider deviates from the reasonable standard of care in the medical community and causes injury or death to the patient. Some rules of care in the medical profession include: doctors have a duty to follow up on patients, nurses have a duty to keep accurate records, and hospitals have a duty to keep facilities free from infections. In a malpractice action, the standard of care is based on expert testimony. For example, with hospitals dealing with infections, there have been expert studies on systems for monitoring bacterial resistance, institutional guidelines to control the use of antibiotics, and contact precautions to patients suspected to be infected with microorganisms.

Premises liability laws require property owners, including business owners, to keep property in a reasonably safe condition. A duty is owed to all persons within the foreseeable zone of danger. Property owners must warn visitors of any hazards when they create a dangerous condition on property, or allow a condition to persist for a long time. An unreasonably long period of time for a property owner to allow a defective or dangerous condition to exist depends on the type of property and the time another property owner in the same position would recognize and repair or remove the hazard. In LaCoste, a memo documented the generator deficiencies. This memo showed the hospital knew there was a problem, but did not address it. The hospital might have been in a better position to prove it was not negligent if it was able to show it considered possibilities, justified decisions based on budgets, consulted with risk management like insurance coverage, and dealt with the problem rather than doing nothing.

If you have been carelessly treated by a healthcare provider, contact us today.

Skinner v. Poston: Understanding Vehicle Accident Cases

In Skinner v. Poston, 71 So. 2d 702 (1954), the Court of Appeal decided on March 24, 1954 that the plaintiff was at fault by driving in an unsafe speed when he got into a truck accident with the defendant.

This case illustrated the facts a court reviewed in resolving vehicle accident cases. Vehicle accident cases are actions in negligence, requiring a showing that a defendant owed a plaintiff a legal duty, that the defendant breached the duty, and that the breach was a proximate or legal cause of the injuries plaintiff suffered. The disposition of vehicle accident cases are usually based on the facts surrounding the location of vehicles, the speed of drivers, and the witness’ credibility.

Skinner may be persuasive precedent for a personal injury case in Chicago. In Skinner, the plaintiff was driving a gasoline delivery truck. The defendant engaged a surveyor who prepared an exhibit for trial on the highway where the accident occurred. What was special about the survey was that the surveyor completed it when the gasoline delivery truck tire imprints were still visible. The physical facts also showed the plaintiff did not use his brakes at the time of the accident because there were no skid marks. Without skid marks, the speed of the gasoline delivery truck could not be determined, but the trial court found the speed for the road conditions, was not safe.

When reconstructing an accident in Chicago, the fresher the testimony or evidence gathered to the time of the incident, the more believable the evidence. At trial, in Skinner, the exhibit the surveyor prepared showed accurately where the truck tires were, road elevation, and highway curve. The exhibit spoke for itself, bringing the highway to life. The defendant no doubt knew the psychology of visuals. Effective visuals address responsibility, blame, and victimization. For instance, for personal responsibility, which means not blaming others for life’s challenges, visuals break down each separate, negligent act to show the plaintiff made choices.

In an accident, getting an independent witness to testify may tilt the weight of evidence to one side. In Skinner, the witnesses testified on the weather, road surface, and speed. The defendant had a helper and other witnesses who corroborated the defendant’s story, but the court found the witnesses’ testimonies to be cumulative to the physical facts from the exhibit.

Injured In A Chicago Car Accident?

In March 2011, the Chicago Tribune reported in “Man drives wrong way on road, and more” that a 24-year-old man, of George Avenue, was charged with driving under the influence, driving the wrong way on a one-way street, improper turn signal and operating an uninsured motor vehicle on March 6, 2011.

A 45-year-old man, of Banford Circle, Lake in the Hills, was charged with driving under the influence of alcohol with a blood alcohol content level of more than .08 percent, resisting a peace officer and improper lane usage on March 12, 2011.

A 33-year-old man, of Northlane, Cary, was arrested March 12, 2011 for an outstanding warrant out of McHenry County for failure to appear in court on a charge of driving on a revoked license.

A 24-year-old man, of Shore Drive, McHenry, was arrested March 10, 2011 for an outstanding warrant out of McHenry County for driving while license revoked. A 26-year-old man, of W. Woodstock Street, was arrested March 11, 2011 for an outstanding warrant out of Kane County for failure to appear on an aggravated driving under the influence charge. He was also charged with leaving the traffic crash scene, improper lane usage, driving while license revoked and failure to notify the police of a traffic crash.

Sadly, with congested traffic, and people drinking while driving or driving on a revoked license, vehicle accidents are bound to occur. Auto accidents are a category of personal injuries that disrupt the lives of people every day, causing not only physical and emotional damage, but also financial stress from medical expenses and lost earnings. Contact a Chicago accident attorney for when injured in a car accident.

Generally, car accidents occur when a driver departs from the conduct expected of a reasonably prudent person acting under similar circumstances. The plaintiff proves four elements:

  • defendant owed a duty to the plaintiff;
  • defendant breached its duty;
  • plaintiff was injured;
  • defendant’s breach caused the plaintiff’s injury

Whether there is a duty to a plaintiff may come from traffic laws. Police reports sometimes cite violations of vehicle codes, evidencing a duty breach. When involved in an accident, write down the details of the accident to remember the incident accurately. These notes are invaluable when a Chicago injury lawyer assists a client in putting together a compensation demand.

In a car accident, types of damages the injured person may recover include:

  • medical care for brain injury or spinal cord injury;
  • loss of earnings;
  • pain and suffering from chronic back and neck pain;
  • emotional distress;
  • psychological counseling

Often the legal aspects of vehicle accidents require urgent action. Contact us today to obtain the maximum monetary compensation for car accident losses.

Suffering A Serious Injury

Anyone that has suffered a serious injury due to the fault of someone else understands the desire for obtaining justice. Our experienced injury legal professionals are dedicated to assisting injury victims in obtaining the justice to which they are entitled by law.

Our Focus

Our Chicago personal injury lawyers are experienced in handling a variety of injury-related legal matters. Our firm focuses on vehicle accident, workers compensation, medical malpractice, products liability and civil rights (police brutality) violations cases.