Archive for the ‘Construction Liability’ Category

Understanding Traumatic Brain Injury (TBI)

Monday, March 8th, 2010

Chicago TBI Lawyer 300x179 Understanding Traumatic Brain Injury (TBI)March is national Brain Injury Awareness Month.  This week, our Chicago brain injury lawyers will discuss various aspects of traumatic brain injury (TBI), including causes, symptoms, statistics and prevention.

Traumatic brain injuries are sudden, devastating and life-changing events.  In the context of a catastrophic truck accident or several-story construction fall, the magnitude of the brain injury is evident.  However, in other instances, the true impact of TBI is more subtle.

TBIs are sometimes referred to as the “invisible injury” and “silent epidemic” by doctors and Chicago brain injury attorneys because the effects of such injuries are generally not obvious to most observers, symptoms may take days, months or even years to show, and victims are often unaware that something is wrong.  But the effects of TBI are very real, and can result in severely debilitating short and long-term symptoms.

Anyone can be a victim of a TBI at anytime.  Therefore it is critical that each individual know what TBI is, be aware of the symptoms of a TBI, know how to prevent or mitigate such injuries, and understand the steps to take and the options available in the event that one believes they may be a victim of a TBI.  Call Passen Law Group at (312) 527-4500 to speak with a top Chicago TBI lawyer regarding a potential legal action relating to a brain injury.

What is a TBI, and what happens when a TBI occurs?

A TBI refers to the damage or destruction of brain tissue that occurs due to a blow to the head, i.e. a “closed” head injury, or when the skull is penetrated, i.e. an “open” head injury.

A closed head injury occurs when a blow to the head whips the head forward and backwards or from side to side, as in a car crash, causing the brain to collide at high speed with the interior of the skull.  This can cause damage to specific areas of the brain, most commonly the frontal and temporal lobes, through bruising and tearing of brain tissue and blood vessels both at the point of impact and opposite the point of impact.  It can also cause damage throughout the brain by stretching and destroying neuronal axons – the long, threadlike arms of nerve cells that link cells to one another, various parts of the brain to other areas of the brain, and the brain to the rest of the body.

While specific damage from bruising and bleeding can often be detected through CAT scans and MRIs, injury to the neuronal axons generally cannot be detected through current imaging technology.  The existence of axonal injury is clear, however, from the effects it has on the individual’s functioning.

An open head injury occurs when a skull is penetrated after substantial head trauma, as for example by a bullet.  Damage in these types of injuries tends to be specific and limited to the area of injury, but can be as severe as closed head injuries depending on the path of the object within the brain.

TBI results in several physiological effects.  Tissue damage can cause substances normally contained safely within brain cells to be released into the brain.  The brain also reacts with biochemical and physiological responses, with the brain entering a hyper-metabolic state and releasing glucose in an attempt to protect itself from the injury.  These processes may mask evidence of injury, even as they cause further damage and destroy brain cells, resulting in what is called secondary cell death.

A further effect is seen in the individual’s functioning.  TBIs are often accompanied by loss of consciousness, varying from a few minutes or hours to several weeks or even months, depending on the severity of the injury.  As the individual regains consciousness, other symptoms may appear, including for example irritability, aggression, amnesia, confusion and disorientation.

Stay tuned for further discussion of TBI in coming days.  For a Free Consultation with a top-rated Chicago brain injury lawyer at Passen Law Group, call us today at (312) 527-4500.

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Chicago Worker Killed in Loop Gas Explosion Accident

Thursday, March 4th, 2010

Chicago Loop Explosion Accident 300x225 Chicago Worker Killed in Loop Gas Explosion AccidentOur Chicago construction accident attorneys are all too familiar with the potential hazards faced by Chicago construction and utility workers.  Yesterday, tragedy struck two such workers and their families.

According to several news reports, one worker is dead and another was critically injured following an explosion in a construction hole in the Chicago West Loop.  Reports indicate that the two workers were Peoples Energy employees conducting an air pressure test underneath the street at the time of the explosion.

The accident occurred yesterday afternoon around 1:30 pm at Jackson Blvd. and Wacker Dr. in Chicago.  According to Fire Media Affairs spokesman, Quention Curtis, the utility employees were conducting an underground test when an explosion occurred, and the men were taken by firefighters to John H. Stroger Cook County Hospital, initially in critical condition.  “They were pumping air through the system when something went wrong,” Curtis said. “It blew the pipe apart and it hit them.”

What, exactly, “went wrong” remains to be determined.  Peoples Energy confirmed it had crews at the scene investigating the accident.  A Peoples Energy spokeswoman confirmed crews were at the scene investigating, but did not provide further information.

There are various potential legal causes of action that may arise out of this tragic accident sounding in product liability, premises liability, construction negligence and wrongful death.  Although a direct cause of action against the worker’s employer, Peoples Energy, would be precluded based on the Illinois Workers Compensation Act, there may be other viable third-party defendants, including general contractors or subcontractors, private property owners, or the City of Chicago.

A top Chicago personal injury lawyer will not only investigate the law to determine all viable causes of action and viable defendants, but will also conduct a thorough factual investigation to determine what happened — what caused the explosion?  At Passen Law Group, we consult with top private investigators and engineers as part of our factual investigation into such an occurrence.

For a Free Consultation with an experienced Chicago personal injury attorney at Passen Law Group, call us at (312) 527-4500.

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No ‘Relation Back’ in Personal Injury Complaint Adding Employer Defendant

Friday, January 22nd, 2010

People sometimes wonder why it is important to contact an experienced personal injury lawyer as soon as possible if you suspect an injury was caused by the carelessness or recklessness of another.  One important reason is to identify all possible defendants before the statute of limitations (the time in which a lawsuit must be filed) expires.

Consider the following situation:  The plaintiff is involved in a car accident caused by the defendant, who was driving his mother’s car at the time of the accident.  The plaintiff files a personal injury lawsuit against the defendant within the appropriate statute of limitations period (2 years from the date of the accident).  During discovery, the plaintiff learns that the defendant was driving the vehicle within the scope of his employment as a salesman for X Corporation.  Plaintiff amends her complaint to add X Corporation as an additional defendant — however, by this time, the statute of limitations has expired.

The question becomes:  Does plaintiff’s amended complaint “relate back” to the original lawsuit so as to avoid being dismissed based on statute of limitations grounds?  In Wilson v. Molda, No. 1-09-0386 (Ill. App. Ct. Nov. 13, 2009), the Illinois appellate court answered “no”.

The facts in Wilson were identical to the fact-pattern described above.  In response to motions to dismiss brought by the defendant’s employer, Metrolift Inc., based on statute of limitations grounds, the plaintiff’s lawyer made two arguments: (1) plaintiff’s lawsuit against the original defendant should satisfy the statute of limitations based on the “respondeat superior” relationship between the defendant and his employer; and (2) the amended complaint should “relate back” to the original complaint based on section 2-616(b) of the Code of Civil Procedure.  The court rejected both of plaintiff’s arguments.

First, the court found no basis in any Illinois statute or any Illinois case law to support the contention that because the employer was jointly and severally liable for the employee’s conduct under the theory of respondeat superior, the timely filing of a lawsuit against the employee preserves the plaintiff’s claim against the employer.  The court “decline[d] the plaintiff’s invitation to rewrite the existing statute of limitations, as we believe that is the job of the legislature.”

Second, the court held that the plaintiff’s claim against Metrolift does not “relate back” to the original complaint under section 2-616 (b) of the Code.  The court found that section (b) permits a plaintiff, under certain circumstances, to add claims to an existing action.  By its own terms, subsection (b) applies only to the addition of “causes of action, cross claims or defenses.”  Here, plaintiff was not seeking to add a new claim, but instead was seeking to add a new party to an existing action.

Instead, the court found that subsection (d) of section 2-626 deals with adding new parties, but only in cases of “mistaken identity.”  The plaintiff admitted that this is not a case of mistaken identity, and therefore subsection (d) did not apply.  Therefore, the court affirmed the dismissal of plaintiff’s action against the defendant’s employer based on the statute of limitations.

For a Free Consultation with one of or top-rated Chicago injury and wrongful death lawyers, call Passen Law Group at (312) 527-4500.

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