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Illinois Sexual Abuse Victims Law Updates

Illinois sexual abuse victims and their attorneys have experienced progress and setbacks in attempts to receive just compensation for their injuries-many of which are catastrophic and permanent. …735 ILCS 5/8-2801 protects victims of sexual abuse having to defend against evidence of other sexual behavior. This is extremely important because victims do not want to have their whole history of sexual activity put under a public spotlight in order to pursue a legitimate claim of sexual abuse. Effective January 1, 2010. …735...

Illinois Uninsured and Underinsured Motorist Claims

Illinois car accident attorneys should be aware of two recent opinions which expand the rights of injured parties to recover in uninsured motorist and underinsured motorist claims: (1) Uninsured Motorist claims – Nicholson v. State Farm Ins. Co., 2010 WL 1208887 (Ill. App. Ct. 2nd Dist.) released March 23, 2010. (2) Undersinsured Motorist claims – Schultz v. Illinois Farmers Ins. Co., 2010 WL 966206 ( Ill. Sup. Ct.) released March 18, 2010. In Nicholson, the issue was whether an Illinois insurer has to offer uninsured motorist...

Illinois Railroad Accident Brings $33 Million

Victim of Illinois railroad accident receives a $33 million from jury on March 25, 2010. A 19 year old railroad conductor was severely injured on April 8, 2007, when he fell alongside a moving train in the Rock Island train yard while attempting to pull a uncoupling lever on a train. The plaintiff sustained bilateral leg amputations as well as other catastrophic injuries. The Iowa Interstate Railroad, and its engineer were charged with violating numerous safety rules while switching cars, particularly the federal radio communication rule governing train...

Common Fund Doctrine Applies to Illinois Medical Liens

Illinois personal injury lawyers should be aware that on March 4, 2010, the Appellate Court in Holloway v. Dunway, 2010 WL 763918, held that medical providers stautory liens for services rendered (770 ILCS 23/1 et seq.) to an injured person are subject to reduction under common fund doctrine for attorneys fees incurred by plaintiff in obtaining recovery. The Court held and stated: * if the professional or provider seeks to collect the debt owed to it out of the common fund created by the plaintiffs and their attorneys, the...

Avandia Linked To Heart Attacks

Illinois product liability attorneys should be aware that Avandia, a diabetes drug, is now linked to a higher risk of heart attack and heart failure according to a report released by the Senate Finance Committee on Feb. 20, 2010. The report authored by the committee chaired by Senators Baucus and Grassley concluded: “The totality of evidence suggests that GSK (GlaxoSmithKline) was aware of the possible cardiac risks associated with Avandia years before such evidence became public….Based on this knowledge, GSK had a duty to sufficiently...

Sexual Abuse Victims: Evidence of Prior Sexual Activity

Illinois sexual abuse victims and their lawyers are now protected against having to defend against evidence of other sexual behavior or sexual predisposition. Effective January 1, 2010, 735 ILCS 5/8-2801 provides that: “Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsection (b) and (c): (1) evidence offered to prove that any victim engaged in other sexual behavior; or (2) evidence to prove any...

Traumatic Brain Injury Without Loss of Consciousness

Illinois brain injury lawyers should be aware that traumatic brain injury can occur in the absence of loss of consciousness. There is overwhelming ignorance in the medical community that there is even the possibility of permanent brain injury in patients who do not suffer loss of consciousness following a trauma to the head. Serious researchers have now concluded that traumatic brain injury can occur without a documented loss of consciousness. See Neuropsychological Assessment, 3rd, by Murial Lezak; Sports and Concussion Guidelines promulgated by the American...

U.S. Bans Truckers and Bus Drivers from Texting while Driving

Truck accident attorneys in Illinois and around the nation should be aware that the federal government formally barred truckers and bus drivers from sending text messages while operating a commercial motor vehicle, effective January 27, 2010. The Federal Motor Carrier Safety Administration (FMCSA) did not create a new regulation or a new law, but rather provided regulatory guidance. The FMCSA recently completed its “Driver Distraction in Commercial Vehicle Operations” study and released the final report on October 1, 2009. In this study...

Illinois Truck Accident Insurance Coverage

Illinois truck accident attorneys should be aware of the recent decision by the Illinois Supreme Court regarding whether the Illinois Vehicle Code’s “omnibus coverage” applies to commercial truckers. In Zurich American Ins. Co. v. Key Cartage, 2009 WL 3470846 (2009), the Court held that “omnibus coverage” mandated by Section 5/7-317(b)(2) of the Illinois Vehicle Code does not apply to commercial truckers regulated under the Illinois Commercial Transportation Law, 625 ILCS 5/18c-1101 et seq. “Omnibus coverage” is defined as a motor vehicle liability policy that “shall insure the person...

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