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Is Your Daycare Licensed?

July 17, 2015 by Levinson and Stefani Leave a Comment

We’ve talked to our fair share of agitated, frustrated, sad, and angry parents, calling us because their child was injured or mistreated at daycare. This is very troubling, since so many parents today count on daycares. Entrusting our children to daycare employees every morning is certainly not a decision to be made lightly. We have got to trust the daycare will be properly staffed with trained professionals. We have got to trust the daycare’s building and rooms are safe and free from dangers – particularly those hazards that most impact infants and children, like sharp corners and small toys. We have got to make sure our kids are safe – not bullied, abused, left alone, or neglected – and that our children are looked after responsibly, just like a parent would. For those of us who work and have young sons and daughters at home, daycare plays such an integral role in our lives – nothing is more important than caring for our children and providing them with a safe environment.

That is why injuries at daycare need to be taken very seriously. We don’t just have to hope our daycares are trustworthy enough to care for our children. There are laws and regulations that govern the operation of daycares. In some states, including Illinois, daycares have to be licensed. Daycares also should be insured. If your daycare is operated out of a neighbor’s house, not a business location, that is a red flag indicating you may want to ask whether the neighbor is licensed and insured. Another red flag is seeing a large group of children supervised by only one or two staff members at the daycare.

To check if your daycare is licensed, visit this website maintained by the Illinois Department of Children and Family Services.

If you remember, partner Ken Levinson recently obtained a $43 million verdict against an unlicensed daycare operation. That daycare was operated out of a house, and young girl was sexually abused by the homeowner. Just this week, a four-month old infant child died at a daycare in New York City when he was laid down to sleep at the home daycare, and then found unresponsive.

These are two horrible, very serious cases involving unlicensed daycares. Plenty of other disconcerting issues arise, though, such as children injured from falling or being pushed or pulled by other children. Sometimes, a supervisor or staff member should have been paying attention to the children, but wasn’t at the time of injury. Other times, video surveillance of the daycare shows exactly what happened, and who was where, when. If your child was injured at daycare, you may have a legal claim against the daycare. At the very least, it is worth investigating. Call an experienced child injury lawyer to discuss your options.

Will this July 4 be the Most Dangerous?

July 2, 2015 by Levinson and Stefani Leave a Comment

Happy Independence Day! (Image source: https://www.flickr.com/photos/afunkydamsel/

NBC News reports this Independence Day holiday may be the deadliest in recent memory. Already, July 4 is a day that sees an above average number of traffic crashes for July (and motor vehicle accidents are more common in the summer, anyway), but coupled with the long weekend, partying, and presumably nice weather, the risk for accidents – fatal and nonfatal – is increased. So, as you and your friends and families pack your bags and get ready to enjoy the celebratory weekend, The National Safety Council reminds drivers to focus on the safety of their family by following these tips:

Buckle Up
Slow Down
No phones while driving – and especially no texting while driving
If you plan to drink, don’t drive – get a designated driver

It goes without saying that staying alert, and driving defensively is especially important over the weekend.

But driving isn’t the only danger that presents itself this time of year. Of course, what makes the Fourth of July celebration unique are the fireworks, sparklers, firecrackers and other loud – and flammable – devices. Just as road safety is a leading cause for concern this holiday season, so is fire safety.

The US Consumer Products Safety Commission just released its annual fireworks report from 2014. In all of that year, approximately 10,500 people went to emergency rooms for firework-related injuries. Check out CPSC’s Fireworks Safety Education Center for more graphics, safety tips, and other useful information about firework safety. There is also a link to the CPSC photo gallery showing how light fireworks, sparklers, and firecrackers can cause clothing to catch fire and result in serious injuries.

As a final point – remember that people are not the only ones celebrating on July 4. Your pets are often along for the ride – whether an actual road trip, a large party, or just a walk to watch fireworks. Check out PetFinder’s infographic for suggestions on keeping your pooch protected. And, if you’re a cat-family, Chicago-based cat rescue Treehouse Humane Society has this primer on how to minimize the scaredy cat in your house. Both resources will help your pets cope with the inevitable loud noises and crowds of people.

With these tips, hopefully you can focus on having a fun and safe July 4th holiday!

Non-Profit Spotlight: Synapse House

May 29, 2015 by Levinson and Stefani Leave a Comment

Deborah Giesler is no stranger to mental toughness. Giesler, Executive Director of the non-for-profit Synapse House and a speech therapist by trade, details what her fledgling organization has dubbed “Caregiver Boot Camp,” one of several new components of a fully immersive program that focuses on the long-term quality of life/recovery for people working to overcome the effects of traumatic brain injuries (TBI).

The Synapse House was established in 2011 and found a home base in Florida before relocating to Elmhurst in 2014, a step closer to Giesler’s home state. Just a year later Synapse House has nurtured relationships with local partners and worked closely with organizers to bring a much-needed service to aid in the recovery process of its members. Its mission is to reconnect individuals with acquired brain injuries back into the community, the workplace, and family life. Membership is open to any individual with acquired brain injury, at any point after acute therapy has ended.

Traumatic brain injury (TBI) is one of the highest priorities in public health and medicine because of its magnitude, rehabilitation cost, and extend of resulting disabilities. The Centers for Disease Control and Prevention estimates that nearly 1.7 million people in the U.S. sustain a TBI annually. But as technology advances and as hospital stays become shorter, the burden of care typically falls squarely on the shoulders of family members.

“No one gets better sitting on the couch,” Giesler says. “That just doesn’t work. Nowadays you go into a hospital and your length of stay is so short. It’s only a week or two and then [the patient] is home. The family is tasked with helping their loved ones, but they still need more assistance.”

That’s where the Synapse model comes into play. Synapse House focuses on the Clubhouse method, a technique adopted as early as the 1940s to help patients assimilate back into the community, pouring resources into the idea that recovery is also about providing meaningful pursuits. Participants are called members and engage in the day to day work of the organization through Work Units, whether it be answering phones, drafting documents, project research and reaching out to prospective members. The benefits speak for themselves.

This is accomplished in several ways: by giving members an opportunity to perform tasks that might be perceived as too difficult to accomplish on a regular basis. What Giesler has noticed in just four short years is how much Synapse’s clubhouse method has served head injury victims, but family members, too. She recalls the first Caregiver Boot Camp where several participants—most of them spouses—expressed great relief knowing others had gone through similar situations.

“It’s a difficult process,” Giesler says. “These women were just looking for an outlet, a place to vent. It’s an adjustment for everyone.”

Next month, Synapse marks its 2nd Annual Strokes for Stroke & Brain Injury Fundraiser June 3rd at the Schaumburg Golf Club, a benefit aimed at raising awareness of the aftereffects of traumatic head injuries. It’s also a way to raise financial support to promote its mission. Synapse House recently announced a new partnership with Heels for Combat Boots, another non-profit helping members of armed forces dealing with PTSD/TBI. The list continues to grow.

“We’re new and we’re always looking for volunteers, people who want to join the auxiliary board, or people who want to be involved,” says Giesler, noting that the work at Synapse House has only just begun. “If your needs are met you can stop. If you need us again you can come back; there is no endpoint.”

Food, friendly competitions, beverages and an afternoon BBQ will be included in the as part of the fundraiser. If you are interested in becoming a sponsor, please see the sponsorship opportunities to the left of this page. For more information about becoming a sponsor, call 877-932-1120 or go to www.synapsehouse.org.

What Should I Ask a Personal Injury Lawyer?

May 18, 2015 by Jay Stefani Leave a Comment

I’ve written about how to choose a lawyer, but when you’re meeting with an injury attorney, what questions should you ask? If you’ve never been through the process before, how do you know what you need know – or ask? The fact that you’re thinking about this shows that you’re already on the right path! As we have heard, we need to know both the knowns and the unknowns.

“What do you need from me?”
You and your lawyer are a team, and like any successful team, you need to work together to be successful. A good trial lawyer will let you know early and often what he or she needs from you. We often hire an investigator or request records and reports, but you probably have information that we don’t (what doctors or hospitals you have been to, names of people who can help). If the lawyer doesn’t ask, be sure you ask the lawyer what you can provide.

“Who pays my medical bills?”
This is one of the most frequent – and most important – questions I get asked. You or a loved one has been hurt and you probably have a bunch of medical bills stacking up on the kitchen table, with more coming. This question has many answers depending on your situation, but an experienced attorney can walk you through each scenario, and may also be able to help you navigate getting them paid. Be sure to ask this question early – before the bills go into collections!

“How long will this take?”
This is a hard (but fair) one because I’m giving a question that doesn’t have an answer. Each case is different, and each case takes different twists and turns that we won’t see until we’ve started the journey. However, it’s important that your lawyer keeps in touch with you throughout the case – letting you know what’s happening, what to expect, and how things are going.

These are just a few of the questions you’ll want to ask a lawyer – there will be more. The most important thing to remember, though, is to maintain a dialogue throughout your case.

Learning Litigation: Legalese

May 11, 2015 by Jay Stefani Leave a Comment

Sometimes it doesn’t take much to sound like a lawyer – just start throwing around words normal people don’t use, like “Interrogatories,” “Plaintiff,” or “Deposition.” We hear people toss these around in TV shows and movies. Maybe you’ve heard a lawyer use them (without taking the time to explain what they mean). Today’s post – the first in a series discussing, unraveling, and demystifying litigation – tries to explain some of the most common words and terms you may hear in a personal injury case.

Complaint: The Complaint (more formally called a “Complaint at Law”) is a legal document that usually begins the case. In short, it’s an outline of the case. It says where the lawsuit is (which court system), identifies the Plaintiff(s) and Defendant(s), describes what happened, and asks the Court for a resolution (referred to as “Relief”).
Defendant: This is the person being sued – the person who harmed the Plaintiff.
Deponent: This is the person being questioned in a deposition. It could be a witness or a Party to the case.
Deposition: Essentially, a deposition is when one or more lawyers in the case ask a witness or a Party – under oath – a bunch of questions about what happened, the injuries, or anything else related to the case. A court reporter or videographer is often present to record everything said at the deposition.
Discovery: Discovery is the process by which the Parties, through their lawyers, learn – discover – information about what happened, why it happened, and who was involved. The goal is to get to the truth, but it is a means of establishing what evidence can be used if the case goes to trial. Though discovery can often last a long time, it’s a vital step in the path to resolving a case. The faster we can move through discovery, the faster we can try and resolve a case through settlement or trial.
Interrogatories: Often involved in an early stage of discovery, Interrogatories are written questions each Party gives to another Party. Though they can be lengthy and ask for a lot of information, Interrogatories are a good way to discover basic facts about a case, such as names, addresses, witnesses, and medical information.
Lien: A lien is when a person or company has a legal right to a portion of your recovery in a case. Most often, liens involve medical bills (whether owed to a doctor or hospital, or owed as a reimbursement to your health insurance). A good lawyer will handle these as part of your case, sometimes by negotiating a lower payment amount.
Litigation: This refers to the entire process of pursuing a case or lawsuit in court – from start to finish. It includes motions, discovery, and trial.
Mediation: Mediation is the formal process of trying to settle the case. The mediator is a neutral person, not involved in the case, who tries to bring the sides together to resolve the issues. Pre-Trial Settlement Conferences are mediations where the judge acts as the mediator.
Motions: A Motion is the formal way of asking the Court to do something. They are usually done in writing, and often involve each Party putting its argument in writing (“briefs,” “responses,” and/or “replies”). After each side has given its written argument to the Court, the judge may have a hearing, in which the lawyers argue their case in front of the judge.
Plaintiff: This is the person suing (filing the lawsuit) – claiming someone else hurt him or her.
Testimony: The answers a person gives in a deposition or at trial are considered his or her testimony.

I hope this helps eliminate some of the confusion you might experience while navigating the legal system. Are there any terms or phrases I left out that you’d like me to go over?

The Truth About Personal Injury Calculators

March 11, 2015 by Jay Stefani Leave a Comment

An online “Personal Injury Calculator” cannot do all the math for you. It can’t analyze your personal, unique situation – but a lawyer can help. Image from Flickr user stuartpilbrow

Can a “Personal Injury Calculator” tell you how much your case is worth? The short answer is: “No.” But you deserve a more detailed answer to this question, and the related question, “How much is my injury case worth?” Let me tell you how injury cases are evaluated by trial lawyers like myself, by the insurance companies paying settlements and trial verdicts, and by the the juries that may be deciding your case.

There are three main factors to look at: 1) who’s at fault, 2) what’s the harm, and 3) who pays.

Who’s at Fault?
In other words, who is responsible for your injuries? Once we determine who – either a person or a company – is responsible, we next consider whether that person or company can be held accountable for your injuries. People have a general legal responsibility to drive safely – when they don’t, they can be held accountable for the damages they cause. Think about getting rear-ended. Chances are, the driver that read-ended you should have been paying more attention and driving more safely. If we can prove the driver was not driving safely enough, we can say the driver was at fault.

The thing to keep in mind, though, is that things are rarely black and white. When it seems like you have an “easy” case, there might be legal technicalities, state laws, or court rulings that say otherwise – all the more reason to contact an experienced trial lawyer.

As I mentioned in an earlier post, you need to trust your attorney is going to be honest with you. Any lawyer interested in helping you should be able to map out the steps he or she will take to ensure the best result possible. This includes identifying any strengths and weaknesses that arise throughout the case.

What’s the Harm?
The next question is, “What are your injuries?” This gets us back to the original question of how much your case is worth. I’ve had several clients and potential clients reference “Personal Injury Calculators” they find online. The website has you fill in some numbers (medical bills and lost wages, usually), and then it spits out a number that’s supposed to represent a fair settlement amount or range. It’s a nice concept, but it often leads to wildly inaccurate numbers – either too high or too low.

Medical bills (past and future) are a factor, but they’re certainly not the whole picture. In a recent case I handled, for example, my client was in a car stopped in construction traffic. He was killed instantly when a truck driver ignored constructions signs and rear-ended his car. That case had zero medical bills. A personal injury calculator is worthless – and insulting – in that type of situation.

Lost wages are also a factor, but not the whole story. If you miss time from work due to an injury, you can claim that as part of your case. However, using this as a main element in calculating the value of your case causes problems. A well-paid professional who makes a six-figure salary is going to have a larger number involved if she misses six months of work recovering from a knee injury. Focusing on lost wages, though, ignores the impact of a stay-at-home parent spending six months recovering from the same knee injury. A competent injury lawyer should be able to maximize the value of both cases, regardless of whether there are any lost wages. The lesson here is that each case is unique, and a trained trial lawyer will be able to recognize the needs of your particular case.

Ultimately, the question of “what’s the harm?” boils down to the impact of the injuries on your life. If you or a family member has been injured in a car crash, I’m sure you feel that your loss is more than just medical bills and lost wages. And it is! Injury victims lose meaningful time with family and friends. If you’re injured, you lose the ability to enjoy life as you choose, on your terms, whether that’s being active, social, or just pain-free. No online calculator can accurately compute this loss. Be wary of any attorney who suggests an online calculator or similar shortcut to figure out how much your case is worth. Put simply, there is no substitute for investing the time and energy needed to fight for the best result possible in your case.

Who Pays?
This is a tough question to talk about. It shines a light on the inequalities and inefficiencies of our current insurance system, and that is because the answer to this question is generally, insurance companies pay. And which insurance company pays, and how much it pays, largely depends on the applicable insurance policies.

Many people aren’t aware that the at-fault driver in an injury case rarely pays anything in an injury settlement or verdict. In a typical car crash case, that person’s auto insurance company pays for the defense lawyer, any costs associated with the case, and any settlement or verdict amount. That’s what insurance is for.

A good attorney will be able to fully investigate the defendant and find out how much insurance coverage exists and which types of insurance might apply to your case.

What makes this a tough question is this: the harsh and sad reality is two cases with exactly the same injuries could be worth very different amounts depending on the available insurance coverage. In Illinois, the minimum required auto insurance was recently raised to $25,000. This means it’s possible a family might only be able to recover $25,000 when a drunk driver kills their loved one. However, a family whose loved one dies in a crash when a semi-truck driver falls asleep at his wheel because he’s been on the road longer than allowed would likely recover significantly more – because truck companies are required to have more insurance coverage. (Of course, even the minimum for truck drivers’ insurance is sometimes not nearly enough to compensate a victim, or a family for the loss of a loved one). Fair or not, the amount of available insurance coverage may play the largest role in evaluating how much your injury claim is worth – it’s just the way our system works, and we have to work within it.

Conclusion
Going back to the beginning, a personal injury calculator is a misleading – and often wrong – way to evaluate your injury case. I strongly suggest contacting and meeting with an experienced trial lawyer to discuss if you have a case. An initial review, which should be free, should result in a detailed plan of action to best protect you and your family.