Archive for August, 2009

Severe Third-Degree and Fourth-Degree Burn Injuries

Thursday, August 27th, 2009

burn injury Severe Third Degree and Fourth Degree Burn InjuriesBurns can range from minor to severe, first degree to fourth degree.  Where someone is severely burned as a consequence of the carelessness or recklessness of others, those responsible may be held accountable in the civil justice system.  Examples of situations where someone may be severely burned in an accident caused by negligence include large car or truck accidents causing  flammable liquids to ignite, chemical spills, explosions, and unsafe premises. It is important to contact a personal injury lawyer to review your case. You may be entitled to compensation for medical bills, pain and suffering, disfigurement and lost income.  Call Passen Law Group at (312) 527-4500 for a free consultation.

Burns are categorized according to degrees, or how many layers of skin and tissue the burn affects, ranging from first degree (more minor) to fourth degree (most severe).  An example of a first-degree burn is a mild sunburn.  Only the top skin layer is affected, and can easily be treated at home with aloe, other soothing lotion or a cold compress.  An example of a second-degree burn is scalding from hot water. Whereas a sunburn, or first-degree burn, may cause the skin to peel, a second-degree burn may have a deep redness to it, appear wet and shiny and be painful to the touch. According to the University of Virginia Health System, as long as the second-degree burn covers less than 10% of the body, it can be treated without hospitalization.

Third and fourth degree burns, however, are more severe and require immediate medical attention.  Deeper layers of skin and nerve endings have been affected, and in the case of fourth degree burns, ligaments, tendons, bones, blood vessels and other organs may be severely damaged, leading to catastrophic damage to the hypodermis.  Third and fourth degree burns may require extensive surgeries and skin grafts to repair, along with extended hospital stays and monitoring for infection.  If muscles, tendons or ligaments are damaged, physical therapy may also be required in order to regain normal strength and use.  Burns of this sort are extremely painful and permanent injuries, leaving permanent physical, as well as emotional scarring.

The American Burn Association reports 4,000 fire and burn deaths per year, 500 of which are the result of car and truck accidents, aircraft crashes, chemical spills and electricity.  The American Burn Association also reports 40,000 hospital admissions relating to burns, more than of which are admitted to hospitals with burn units.  If you or a loved one has suffered a severe burn as the result of someone else’s negligence, contact an experienced burn injury lawyer in Chicago about your case.  Call Passen Law Group at (312) 527-4500 for a free consultation.

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New Consumer Safety Requirements for Children’s Products

Wednesday, August 26th, 2009

child crib safety defects 300x187 New Consumer Safety Requirements for Childrens ProductsOn Friday, August 14, 2009, new requirements went into effect for the Consumer Product Safety Improvement Act (CPSIA).  These new requirements are important not only for makers and sellers of products, especially paint and children’s toys, but also for parents, product liability lawyers and the general public. For a free consultation with a top Chicago product liability lawyer and personal injury attorney, call Passen Law Group at (312) 527-4500.

The Chicago Tribune, as well as other news organizations, recently reported product recalls of the Simplicity, Inc. bassinets, which were linked to several strangulation deaths of young children.  Parents and other consumers were urged to immediately stop using the convertible “close-sleeper/bedside sleeper” bassinets  due to the serious safety risk.

If you or a loved one has lost a child due to a defective product meant for children, such as toys or baby cribs or bassinets, contact an experienced product liability attorney today. Since products such as unsafe toys and defective cribs fall under product liability law, there is a statute of limitations, or a specific time frame for bringing a case.  Baby clothes, toys and cribs are staple garage sale items, and can be exchanged between friends with neither knowing about a product recall.

One of the new CPSIA requirements is designed to assist in the tracking of products once they leave the maker or manufacturer.  Specifically, manufacturers who make any product for children 12 years-old or younger must place “permanent displaying marks (tracking label) [to] enable consumers to ascertain basic information, including the manufacturer or private labeler, location, the date of manufacturer and more detailed information on the manufacturing process such as a batch number.”  The new requirement also specifies that the tracking label appear on the product AND the product packaging.

Such information will make it easier for parents to more easily check and see if their product is part of a recall.

Other important requirements that went into effect include:

•    Limit for lead content in children’s products drops to 600 parts per million
•    Limit for lead pain and similar surface coating materials for consumer use drops to 90 parts per million
•    Maximum in civil penalties increases to $100,000 per violation
•    Maximum for a series of violations increases to $15 million

These are important changes to CPSIA 2008 that all personal injury and product liability lawyers must be aware of when handling cases, after August 14, 2009, that involve children’s toys, lead paint and other potentially harmful products.  To speak with a top Chicago product liability lawyer concerning a dangerous or defective children’s product, call Passen Law Group at 312-527-4500 for a free consultation.

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Pre-Existing Condition Aggravated by Serious Accident

Tuesday, August 25th, 2009

health insurance pre existing injury 300x199 Pre Existing Condition Aggravated by Serious AccidentIn the current discourse over health care reform, one issue involves whether someone with a “pre-existing condition” should be prevented from obtaining health insurance.  President Obama says the answer should be “no.”  In the personal injury context, many states, including Illinois, treat “aggravations” of a pre-existing condition the same as a new injury.  Therefore, it is critical to contact a top-rated injury and accident attorney to discuss your case.

When people with a pre-existing condition are severely injured in an accident, such as a car accident, they may wonder if the pre-existing condition that is a hurdle for health care coverage will also be a hurdle in a personal injury claim.  An experienced personal injury lawyer can help severely injured people with pre-existing conditions receive just and proper compensation.  To speak with a top personal injury attorney at Passen Law Group, call (312) 527-4500 for a free consultation.

The Health Insurance Portability and Accountability Act (HIPPA) defines a “pre-existing” condition as “any medical condition that a person has before being enrolled in an insurance plan.”  There are an infinite number of pre-existing conditions which may be aggravated as a result of a severe or traumatic injury, such as arthritis, fibromyalgia (or chronic pain),  pregnancy, diabetes, obesity and depression.

Under Illinois law, a person who has pre-existing condition aggravated by severe personal injury is still entitled to full compensation under what is called the “thin skull rule” or the “eggshell skull” rule.  Simply put, the eggshell plaintiff rule says that a person who causes injury to another “takes the victim in the condition he/she finds him.”  In other words, a negligent person is responsible for all injuries inflicted, whether an injury already existed or not.

Indeed, Illinois Pattern Jury Instruction, 30.21, that the jury “may not deny or limit the plaintiff’s right to damages resulting from this occurrence because any injury resulted from an aggravation of a pre-existing condition or a pre-existing condition which rendered the plaintiff more susceptible to injury.”  For example, if a victim has minor arthritis, and the arthritis is made more severe as a result of being in a car accident, the jury will be instructed that a person causing the accident is still responsible for damages, notwithstanding the existence of a pre-existing condition.

If you or someone you love has been seriously injured in an accident as a result of someone else’s negligence or recklessness, contact a top personal injury lawyer in Chicago at Passen Law Group for a free consultation at (312) 527-4500.

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