Coming as little surprise to our top-rated Chicago truck accident attorneys, Illinois’s I-94 came in seventh on the list.  This position was based upon the road’s 89 fatalities stemming from 85 fatal crashes, across just under 62 in-state miles.  The highway thus had 1.38 fatal accidents per mile during the study period.

While our Chicago personal injury lawyers find this ranking distressing, there is good news as well.  While many other states had multiple highways on the list, no other Illinois roadway ranked in the top 100 most dangerous highways.  The only other Chicago-area road to make the list was Indiana’s I-65, a portion of which extends North to near the Chicago metropolitan area.  Indiana’s I-65 came in at #76, with 141 fatal accidents resulting in 157 fatalities, spread over about 261 miles of in-state road, or .54 fatal accidents per mile.

For a free consultation with an experienced Chicago car accident lawyer at Passen Law Group, call us at (312) 527-4500.

Last week, a federal jury in Galveston, Texas, awarded $100.3 million in punitive damages to 10 plaintiffs injured from toxic emissions in 2007. The suit alleged that BP released an unknown toxic substance while workers were “repairing two units damaged in a plant-wide shut down in 2005 before Hurricane Rita.” As in the 2005 explosion, poor maintenance contributed to an unsafe environment.

Toxic substances can cause debilitating injuries, and can come from a variety of places, including work places, homes, even drinking supplies. Negligence often plays a large role in toxic substance cases, commonly referred to as “toxic torts” Industrial companies, for example, may dump toxic substances into drinking supplies instead of properly disposing of the chemicals. Toxic tort cases can be very complicated, and involve many players.  Our experienced personal injury lawyers have a thoroughly understanding of the nuances involved, and can help you navigate your case.

The Occupational Safety and Health Administration (OHSA) defines toxic substances as “as those chemicals present in the workplace which are capable of causing harm.” It also expands the definition of “chemicals,” including but not limited to:
•    Dust
•    Mixtures
•    Paints
•    Fuels
•    Solvents

When toxic substances are involved, OSHA has specific guidelines that cover such safety features are ventilation, protective clothing, disposal and reporting.

Exposure to toxic substances can cause serious, life-long health problems and permanent damage to nervous, respiratory and immune systems. If you or a loved one have been seriously injured or killed as a result of and explosion or toxic exposure, contact the wrongful death attorneys of Passen Law Group today for a free consultation.

In November 2008, the Illinois Supreme Court heard oral arguments in the case Lebron v. Gottlieb Memorial Hospital, a medical malpractice case brought by the mother of a 3-year-old child born with cerebral palsy and other severe brain damage.  As a result of medical negligence, the child will have to be fed through a tube for the rest of her life and may never live independently.  Under the damage caps required by Act, the 3-year-old child with a permanent catastrophic brain injury is limited to the same monetary damages as someone with a far less significant injury.

In Lebron, a circuit court held that the arbitrary cap on non-liquidated damages in the Medical Malpractice Reform Act of 2005 was unconstitutional, and relied on an earlier Illinois Supreme Court decision in 1997, which held that caps on non-economic (i.e. “non-liquidated”) damages infringe on the jury’s role in determining appropriate compensation.  In fact, the Illinios Supreme Court has twice before struck down this type of “one size fits all” cap on non-liquidated damages as a violation of the Illinois Constitution.

Unfortunately, even if the Illinois Supreme Court decides to invalidate this Act as unconstitutional, it will eliminate other positive insurance reforms contained in the Act.  For instance, the Act forces insurancce companies to provide greater transparency on rate-setting and payouts, which results in greater compensation in the insurance industry, and lower insurance premiums for doctors.  However, the Act contains an” inseverability clause,” meaning that if one portion of the law is struck down as unconstitutional, such as the arbitrary cap on non-liquidated damages,  the  other provisions of the Act, such as the state regulators’ ability to collect and publish actuarial data used by medical malpractice insurers in Illinois, will likewise be struck down.

Nevertheless, the unfairness and negative impact of the Medical Malpractice Reform Act of 2005 felt by patients, such as the 3-year-old child in Lebron, requires the Illinois Supreme Court to find the Act unconstitutional, as it has done in the past.