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17 Aug, 2020
According to NHTSA , motorcyclists only make up about 5% of all drivers. Yet, research shows that fatal motorcycle accidents happened 27 times more often than passenger car occupant accidents in 2017. Therefore, it’s important to know what you should do after a motorcycle accident whether you are the rider, the passenger vehicle driver, or just an innocent bystander. While there are things you can do to protect yourself against a motorcycle accident, even the most careful drivers can find themselves in unavoidable accidents. Immediately after an accident, your adrenaline will be pumping, and you may be in a state of shock. Learning what steps to take now will help you react properly should you ever need to. Keep reading to learn 6 easy steps to take after a motorcycle accident. WHAT TO DO AFTER A MOTORCYCLE ACCIDENT Accidents of any kind tend to happen when you are least expecting it. Maybe it’s your usual commute that you drive every day, or maybe you’re just running a quick errand. The NHTSA reports that approximately 52 percent of all accidents occur within a five-mile radius of home and 69 percent of all car accidents occur within a ten-mile radius from home. To avoid being caught off guard too much, it’s best to always expect the unexpected and drive defensively at all times. 1. Get to safety The first thing you should do is analyze your surroundings and current situation. Are you in harm’s way? Are you badly injured? If possible, remove yourself from the roadway and out of traffic. Check to see if anyone else was involved in the accident and help them get to safety as best as you can. 2. Do not remove your protective gear After an accident, you may be in shock and the adrenaline may be preventing you from feeling any pain or injuries. Always keep this in mind and wait for paramedics to arrive before you remove your helmet and other gear to avoid exacerbating injuries. 3. Call 911 After you have gotten to safety and before you remove any protective gear, call 911 to report the accident. Depending on the severity of the accident, police and paramedics may come to the scene. 4. Seek medical attention Even if you don’t think you’re injured, it’s always best to get checked out by a medical professional after any accident. Serious injuries may not be apparent right away and sometimes it will take days, weeks, or months for symptoms to appear. If you were on a motorcycle during the accident, you are extremely susceptible to broken bones and serious internal damage and bleeding. 5. Gather evidence No matter the accident, it’s always a good idea to gather evidence immediately after. This means taking your own pictures, writing notes, and obtaining a copy of the police report. Speak with the other driver to swap insurance information and any other contact information. 6. Speak with a lawyer and your insurance company When is the best time to speak with a personal injury lawyer? The sooner, the better. Hiring a qualified motorcycle accident lawyer can make all the difference in your insurance settlement. Most of the time, insurance companies will offer you the lowest amount possible, but an accident attorney can help negotiate with insurance companies. It’s always a good idea to consult with a lawyer before accepting any settlement. Your lawyer will usually speak with your insurance company on your behalf, but regardless of who contacts your insurance, you should always speak with them in a timely manner. These are the 6 steps to take immediately after a motorcycle accident. In addition, it’s important to note that you should never admit fault if you were just in an accident. Even if you think you made a mistake or could have avoided the accident, words of fault could be used against you. This applies when speaking to the other driver, police officers, and insurance companies. STATUTE OF LIMITATIONS If you are involved in a motorcycle accident, you are entitled to sue for damages when injuries or fatalities result. When motorcycles are involved, the severity of injuries dramatically increase. As with any personal injury case, there is a statute of limitations during which a claim should be filed. In Illinois, the injured party has 2 years from the date of the accident to file a claim. However, there are a few exceptions to this rule. The time to file a case may be extended if you were under the age of 18 or if you were mentally incompetent at the time of the accident. The time to file may be shortened if the accident involved a government vehicle or if you are filing a wrongful death claim on behalf of someone who died in the accident. In order to receive the maximum compensation for your injuries, you should reach out to a personal injury attorney right away. WHITESIDE & GOLDBERG, LTD. As you can see, there are many crucial steps to take quickly after being involved in a motorcycle accident in order to file a successful personal injury claim. To sum it up, you should: Seek out prompt medical attention Take pictures and notes Obtain copies of all medical records and police reports Hire an experienced attorney to help you file a claim within the statute of limitations Whether you have sustained minor or life altering injuries, we encourage you to follow the steps and set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity of your accident and injuries, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
13 Aug, 2020
While driving, it is not only important to keep your eye out for other vehicles around you, but also for pedestrians near the road or crossing streets. According to the CDC , there were 5,977 pedestrians killed and 137,000 injured in auto accidents in in 2017 in the United States. In Illinois alone there were a total of 4,940 pedestrian accidents in 2017. DETERMINING FAULT When determining who is at fault in an accident involving a pedestrian it is important to take into consideration many different factors. The main determining factor to establish who is at fault, is in regard to negligence. Negligence, according to FindLaw , is the “failure to do (or not do) something that a reasonable person in a similar situation would do, to protect others from foreseeable risks”. In order to obtain compensation for damages or injuries, the injured person must prove that the person at fault meets the following criteria: Owed a legal duty to the plaintiff. Failed to follow through with the legal duty. Caused the accident involving the plaintiff. The plaintiff was injured as a direct result of the accident caused. In some cases, there may be multiple liable parties. The main parties that could all be held liable would include first, the most obvious case, the driver of the vehicle that caused the accident. However, in other circumstances, whoever is responsible in maintaining the sidewalk, crosswalk, road or parking lot where the accident occurred, or even the pedestrian themselves could also hold liability. D  UTY OF CARE DRIVER By getting behind the vehicle and making the active decision to drive a car, you take on a driver’s duty of care. This means that you are liable to exercise a reasonable amount of care when performing this action. Failing to commit to and practice this duty of care would be considered negligence. Thus, leaving you liable for any harm or injury occurring due to your lack thereof. Some basic duties of care as a driver include: Following the speed limit Yielding to pedestrians at crosswalks Following traffic signals/lights/signs Signaling when turning or changing lanes Giving your full attention to driving (no distractions) Not driving under the influence (alcohol/drugs) Being aware of the weather or traffic conditions and practicing extra caution when needed Use a greater degree of care when driving in areas where children are present PEDESTRIAN Even though pedestrians may generally have the “right of way” in most circumstances, they also have a duty of care to maintain. Failure to comply can result in “contributory negligence” if their lack of care contributed to their resulting injuries in an accident. Duties of care as a pedestrian include: Following the signals at an intersection, and only walking when the “walk” signal is displayed. Using only designated crosswalks to cross streets. Using reasonable caution when deciding to cross a street by checking both ways to ensure no cars are coming. Not walking out in front of a moving vehicle in the street. In Illinois, pedestrians have the right-of-way in most cases. According to the Illinois Vehicle Code , pedestrians still have to follow their basic duty of care by not walking out in front of a moving vehicle, use designated crosswalks, and follow all other designated traffic signals. However, if attempting to cross the street in an area with a lack of traffic signals a driver still must yield. Additionally, in the state of Illinois, hitchhiking as a pedestrian is illegal. Illinois follows the “modified comparative fault theory”. Meaning that if the plaintiff is deemed at least 51% responsible for the accident, they will not be able to collect compensation. If the plaintiff is less than 51% responsible, then compensation may be obtained from the defendant. However, due to the modified comparative fault theory, compensation will accurately represent the degree of fault by subtracting the plaintiff’s percentage of fault. RISKS The CDC has provided information in regard to what circumstances a pedestrian accident may be more likely to occur, and who is most often involved. In order to do your best to reduce these types of accidents it is important to recognize when you should be more alert when operating a vehicle, and when you should not be driving at all due to impaired judgement. ALCOHOL Approximately 47% of accidents causing a pedestrian death involved alcohol levels above .08 g/dL in either the driver and/or pedestrian ELDERLY & CHILDREN 20% of pedestrian deaths and 10% of injuries consisted of pedestrians ages 65 and older (2017). About 20% of children 15 years or younger killed in traffic accidents were pedestrians (2017). SPEED Driving at high speeds will increase the chances of hitting a pedestrian and the severity of injury. TIME/LOCATION The majority of pedestrian deaths tend to happen at night in urban, non-intersection locations. HOW TO STAY SAFE Only cross the street using designated crosswalks. Walk on the sidewalk, not in the street. Wear reflective clothing when out at night. Be aware of your surroundings. Limit use of earbuds or phone when walking near a road. WHITESIDE & GOLDBERG, LTD. If you have been involved in an auto accident with a pedestrian, whether you were the driver, or the pedestrian, we encourage you to set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
19 Jun, 2020
Although it may be your first instinct to hurry up and file a medical malpractice claim directly after a resulting injury from your provider, there are a few steps to take to make sure you have a viable case before filing a claim. C  ONTACT THE MEDICAL PROFESSIONAL INVOLVED IN YOUR INJURY Communicating with your doctor before filing a claim can make the process of correcting your injury significantly simpler for both the medical professional and you. This step allows for you to understand what might have gone wrong that would have resulted in your injury. If it is determined that the injury can be remedied, most medical providers will offer to provide a solution to correct the injury. CONTACT THE MEDICAL LICENSING BOARD In situations where discussing your issue with your medical provider does not result in a solution for your injury, proceed to contact the affiliated medical licensing board. The licensing board generally will not order your doctor to compensate you, but they can issue disciplinary action toward the practitioner and can help guide you in regard to the next steps to take regarding the claim. If completing the above steps did not provide you a solution or compensation for your injury, it may be time to proceed with determining if you are eligible to file a medical malpractice claim. The next step would be to determine the requirements of the statute of limitations and the certificate of merit in your state regarding medical malpractice claims. STATUTE OF LIMITATIONS Every state has different guidelines for the statute of limitations for specific civil claims. The “statute of limitations” is the amount of time you have from the occurrence of the incident to when your claim must be filed in order for it to be valid. In Illinois, the statute of limitations for medical malpractice claims is 2 years from the date that the victim discovered the injury. CERTIFICATE OF MERIT More and more states are requiring a “certificate of merit” to certify that the injury sustained was directly resulting from negligence committed by your medical professional. In Illinois, filing this “certificate of merit” is required before proceeding to file your medical malpractice claim. Filing the certificate first requires you to contact an expert that will review your medical records. The expert will then have to confirm that your provider deviated from the standard of care expected, which would have resulted in your injury. Once the injury due to negligence is verified your lawyer can then file the certificate of merit which acts as a confirmation that you have communicated with a medical expert which provides merit to filing a claim. OUR LAWYERS HERE AT WHITESIDE & GOLDBERG, LTD., ARE HERE TO HELP YOU THROUGH THIS PROCESS. CONTACT US TODAY IF YOU HAVE EXPERIENCED NEGLIGENCE RESULTING IN INJURY FROM YOUR HEALTH CARE PROVIDER AND WE WILL GET YOU THE HELP YOU DESERVE. Medical malpractice claims have meet the three following requirements in order to be sufficient: 1. A VIOLATION OF THE STANDARD OF CARE There are certain standards that have to be met in the medical field. These standards are recognized and accepted by health care professionals. Any patient should generally expect this standard of care to be met. If the patient believes that they received service that did not meet the standard, negligence may be established. 2. NEGLIGENCE RESULTING IN INJURY Negligence by itself, from violating the standard of care, is not enough to validate a medical malpractice claim. The patient must be able to firmly prove that the accident or injury was solely caused by the negligence exhibited. If the injury could have occurred despite negligence, then it could have simply been an unfavorable outcome. In order to form a case, the injury that ensued has to be a direct cause of negligence. If the injury was not directly caused by negligence, a medical malpractice claim cannot be made. 3. SIGNIFICANT DAMAGE CAUSED BY THE INJURY Medical malpractice lawsuits are extremely costly. Thus, in order for a case to be viable the patient has to show that the injury resulted in significant damage. “Significant damage” could include a disability resulting from the injury, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills. TO FILE, OR NOT If all of the above criterion has been met, you could very well be qualified to file a medical malpractice claim. However, proceeding with the claim can be very time consuming and expensive. Many cases end up simply being settled out of court for this reason. Additionally, most medical malpractice insurance companies often reject a lot of the claims filed. Thus, it may be better to take a second to determine if you and your lawyer believe your case is strong enough to uphold in court and attempt to attain a larger settlement, or if you should simply try for a cheaper and faster out-of-court settlement. WHITESIDE & GOLDBERG, LTD. Whiteside & Goldberg, Ltd. has successfully worked on numerous Illinois medical malpractice cases. They know that there are many tricky scenarios that can lead to a medical malpractice case. You can get a sense of your legal position by taking advantage of their free consultation . Your current finances should not deter you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
12 Jun, 2020
According to the Bureau of Labor Statistics , there was a total of 2.8 million nonfatal workplace injuries and illnesses in 2018. In 2017 there was a total 104,000,000 production days lost due to nonfatal workplace injuries. Your employer should always do their best in preventing these common workplace injuries from occurring in order to best protect employees. However, that doesn’t always happen. In some jobs such as, transportation, manufacturing, construction, and maintenance, the risk for a workplace injury may be much higher than others. However, that doesn’t mean that if you work a desk job, you can’t become injured at work. I  n the state of Illinois employers are required by law to provide workers’ compensation insurance for nearly everyone hired. If you are injured on the job you have 45 days to report the injury in Illinois. You then have to file a claim to the Illinois Workers’ Compensation Commission within 3 years of when the accident occurred. If you are suffering from any of the below injuries from an event that occurred at your workplace in Illinois and your employer disputes your workers’ compensation claim, contact Whiteside & Goldberg, LTD. THE FIVE MOST COMMON WORKPLACE INJURIES 1. Sprains, Strains, Tears A sprain is any stretching or tearing of ligaments, and most often result in your ankle. Other places a sprain can usually occur include the knee (usually from working out), the wrist (i.e., when used to catch yourself from a fall), or a thumb (from overextension). Sprains can result in pain, swelling, bruising, and a limited ability to move the joint. A muscle strain or a “pulled muscle” are usually experienced in the lower back or hamstrings. A strain is different than a sprain due to the fact that a strain occurs in the muscle, whereas a sprain occurs at a joint. Strains often result from picking up heavy objects using incorrect body mechanics. Strains can cause pain, redness and bruising, limited motion, muscle spasms, swelling, and muscle weakness. 2. Soreness, Pain Soreness and pain can be caused by many aspects of any job. But the most common cause of soreness and pain is usually a result of having to sit an office chair all day and all week. Back soreness from constantly sitting all day with poor posture, overtime can result in long term back pain and other problems . 3. Bruises, Contusions When blood becomes trapped under the surface of your skin, a bruise will form. The bruised area will often be sore or painful. 4. Cuts, Lacerations, Punctures A cut or laceration is any opening or break in the skin. Depending on the depth of the cut, there is a chance that it could damage any tendons, muscles, ligaments, nerves, blood vessels, or bones that are underneath the surface of the skin. A puncture is when a pointed object (i.e., pencil, nail, etc.) is stuck into the skin. These types of wounds can result in bleeding, damage to what is underneath the wound site, and if not taken care of, can also result in an infection. 5. Fractures A fracture occurs when a there is a break in a bone. A fracture usually results in a lot of pain, deformity of the limb, swelling and tenderness around the fracture, numbness and tingling, and difficulty moving the affected limb. In order to heal a fracture, you may be put in a cast, or may need surgery involving plates, pins, or screws that will keep the broken bone where it needs to be. EVENTS/EXPOSURE There are three main categories of events that may occur in the workplace that could lead to these types of injuries, resulting in lost days of work. 1. Overexertion – 28.2 per 10,000 full-time workers Overexertion occurs when people over work themselves, causing a multitude of problems. This could occur from excessive physical activity (i.e., lifting, pulling, stretching), sitting or standing for long periods of time, extreme temperatures, or using repetitive motion. This type of event often results in soreness or pain, or sprains, strains, or tears depending on what activity is involved. 2. Slips, Trips, And Falls – 23.9 per 10,000 full-time workers Slipping, tripping, or falling, from a higher level to a lower one, or even on the same level most often result in sprains, strains, or tears, but falling from high enough, or on dangerous terrain could also result in a fracture. 3. Contact with Objects and Equipment – 23.5 per 10,000 full-time workers Injuries occurring from contact with objects and equipment includes being struck against an object, being struck by an object, getting caught in an object or equipment, or caught in collapsing material. These types of events most often result in injuries such as cuts, lacerations, or punctures. WHITESIDE & GOLDBERG, LTD. If you’ve been injured on the job and your employer disputes your workers’ comp claim, you likely need legal help. Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have extensive knowledge of Illinois workers’ compensation law. In fact, one of their specialties is working with those injured on the job. As an employee in Illinois, you are entitled to receive the best representation possible so that you can recover from your injuries without financial worry. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
05 Jun, 2020
FIRST STEPS AFTER GETTING A DOG BITE According to the CDC , in the United States, more than 4.5 million people are bitten by dogs each year. Nearly 1 in 5 of those people require medical attention from the bite. Many households have a pet dog, and although you may think your dog would never bite you, or someone else, all dogs are capable of biting. Any dog can bite, however, the risk of them biting is significantly increased when they are scared, nervous, eating, or protecting toys. In order to prevent dog bites, it is important to recognize the dog’s behavior and act accordingly. It is always best to be preventative, so always make sure your dog’s vaccines are up to date If you see your dog exhibiting any of the above behaviors, leave them be, and closely watch family members or other guests around them. However, if an incident does occur, either with your own dog, someone else’s a dog, or a stray, be sure to follow the guidelines listed below in order to best handle the situation. CLEAN IT! Dog bites can cause infections that may need to be treated with an antibiotic. In order to prevent it from getting that far, the first thing you should do after being bitten is clean the wound. Follow these steps to help prevent an infection from developing: 1. Hold a clean towel over the bite to help stop the bleeding. 2. Wash the bite with soap and water. 3. Apply a bandage to the bite. 4. Use antibiotic cream on the bite every day. SIGNS THAT YOUR BITE MAY BE INFECTED According to the CDC , most Capnocytophaga infections usually occur from dog or cat bites but can also develop after being in close contact with a dog or cat’s saliva. It is most common in adults over 40, but it has also been diagnosed in children. Capnocytophaga can over time develop into a more serious problem if not dealt with as soon as possible. Symptoms of this infection include: • Redness, swelling, draining pus, or pain around the wound • Fever • Diarrhea and or/stomach pain • Vomiting • Headache and/or confusion • Muscle or joint pain • Blisters around the bite within hours of when it occurred If you have certain health conditions, you may be at a greater risk to develop an infection. The conditions that put you at a higher risk include: • Excessively drinking alcohol • Not having a spleen • Immuno-compromising conditions like: Cancer, Diabetes, HIV infection • Using drugs that are toxic to cells, such as chemotherapy CALL YOUR DOCTOR Infections from dog bites can be very serious, especially if you don’t know the dog, and are unaware of the vaccinations it may or not have. After cleaning the wound to prevent infection, calling your doctor would be the next best step. Your doctor will examine the wound to see if it went deep enough to damage anything beneath the skin that could cause problems. They will also thoroughly clean the wound for you. In some cases, the doctor may recommend stitches depending on the circumstance and where the bite is located. For more severe and deep bites, plastic surgery may be required. If you are unsure if the dog that bit you has had their rabies shot, you may need to get a rabies vaccine, and the doctor will make sure your tetanus shot is up to date. If your bite is infected, the doctor will you prescribe you antibiotics as treatment to kill the bacterial germs from the infection. REPORTING THE BITE If you are bitten by a dog and are unaware if they have gotten a rabies vaccine, or if it looked like it was sick, or acting strangely, you may want to report the incident to your local animal control agency or police department. If you know who the owner is, it is important to contact them and make sure that their dog is current on their rabies vaccination. IN CASE OF A DOG BITE You may be wondering what you can do if you or a loved one does get attacked by a dog. In Illinois, the law states: “Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.” This means that you have every right to sue the owner of the dog for any injuries it may have caused. The owner is liable if you are attacked without provocation. According to Find Law, it doesn’t matter if the owner knew its dog was dangerous, and it doesn’t matter if the owner tried to stop the dog. Regardless, the owner is liable for damages and the person injured is encouraged to seek legal counsel. In the case of a dog bite, with an experienced lawyer, you can receive compensation for medical expenses, emotional distress, pain and suffering, and lost wages. If you are looking for further information regarding dog bites, why dogs bite, and how to prevent them, refer back to: Everything You Need To Know About Dog Bites WHITESIDE & GOLDBERG, LTD. Whiteside & Goldberg, Ltd. has worked on many dog bite cases and will work hard to get you the settlement you deserve. They offer a free consultation and do not charge you anything until you win a settlement. The experienced attorneys at Whiteside & Goldberg, Ltd. fight to secure your financial future. For more information on car accident lawsuits, call 312-334-6875 for the Whiteside & Goldberg Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
29 May, 2020
Asbestos exposure is the primary risk factor for mesothelioma and it can take 20 to 60 years to develop after exposure to asbestos. Mesothelioma can also be contracted by living with someone who comes in contact with asbestos brings the fibers home on their clothing, which over years can put others at risk for developing the cancer. Additionally, if there is a history of mesothelioma in your family, you could possibly be at a higher risk for developing it. S  IGNS AND SYMPTOMS Some general signs of Mesothelioma include fever, excessive sweating, fatigue, weight loss, blood clots, and loss of appetite. As for other types of mesothelioma such as Pleura mesothelioma (of the chest), you may be experiencing pain in the chest, shortness of breath, cough, trouble swallowing, hoarseness, and swelling of the face and arms. If you are experiencing these symptoms, especially if you may have been exposed to asbestos, it is recommended to contact your health care provider immediately. TREATMENT For most people, mesothelioma cannot be cured, but there are treatments available to help reduce some of the signs and symptoms. Mesothelioma is generally discovered at a later stage, which makes it harder to remove the cancer, however, there are other ways to at least control the cancer When proceeding through treatment for cancer, many different people may be involved . The doctors assigned to your team will all depend on what stage of cancer you are in and treatment options. A thoracic surgeon deals with lungs and chest surgery having to do with diseases. A surgical oncologist utilizes surgery to treat cancer, a radiation oncologist is brought in to assist with radiation therapy, a medical oncologist uses chemotherapy to treat cancer, and a pulmonologist focuses on medical treatment of diseases of the lungs. If the mesothelioma is caught at an early stage, surgery could be an option. It might not be possible to remove all the cancer, but by removing what can be removed will decrease the signs and symptoms. The Mayo Clinic emphasizes 4 different surgical options: 1. Decrease fluid buildup Fluid buildup in the chest is caused by the Pleural type of mesothelioma. This surgery consists of the surgeon inserting a tube into the chest to drain the fluid. Medicine may also be injected to prevent the fluid form returning. 2. Remove tissue around the lungs By removing the tissue lining from the ribs and lungs it may relieve signs and symptoms. 3. Remove a lung and the surrounding tissue This will help relieve signs and symptoms of pleural mesothelioma. Additionally, if receiving chemotherapy following the procedure, it will allow doctors to use higher doses as they will not have to be concerned about damaging your lung from the radiation. 4. Surgery for peritoneal mesothelioma Surgeons will attempt to remove as much as the cancer as the can. CHEMOTHERAPY This treatment kills cancer cells by utilizing chemicals. These chemicals run through the body and will shrink or slow down the growth of the cancer that cannot be removed by a surgeon. Chemotherapy could also be used in conjunction with a surgery, either before or after, in order to either make removing the cancer in surgery easier or diminish the chance of the cancer returning. RADIATION THERAPY High-energy beams are focused on specific areas of the body containing the cancer. The beams are usually from X-rays and protons and will help kill cancer cells still left in the body. MULTIMODAL THERAPY Combining treatments for mesothelioma can often give the patient a longer life expectancy. This type of treatment usually consists of some sort of tumor-removing surgery combined with chemotherapy and radiation. Treatment options of multimodal therapy fall into three categories,mostly depending on the timing between each separate treatment. These categories include Neoadjuvant therapy, Primary therapy, and Adjuvant therapy. Primary therapy is the most effective option. It consists of surgery, and usually a targeted treatment right after the tumor is removed. MORE TREATMENTS If none of the above treatments are a good fit. There are a few more options. • Immunotherapy – Sometimes your body’s disease-fighting immune system can be blinded by certain proteins created by the cancer cells. This prevents your immune system from attacking the cancer cells. By using immunotherapy, this process will be interfered allowing your immune system to fight the cancer. • Targeted therapy – This treatment utilizes drugs that will attack certain vulnerabilities within the cancer cells. This treatment is not often used for mesothelioma but based on the specific DNA testing of the tumor, may be recommended by your doctor. DEALING WITH THE SYMPTOMS A major symptom of mesothelioma is breathlessness. That pressure and shortness of breath can be very distressing. Doctors may recommend medications or oxygen but combining those recommendations with the following alternative methods can result in better results. These methods include: 1. Acupuncture 2. Breath Training 3. Relaxation Exercises 4. Sitting Near a Fan WHITESIDE & GOLDBERG, LTD. Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have a wealth of experience handling cases involving mesothelioma and lung cancer. They have secured millions of dollars in settlements and awards for those suffering from the effects of asbestos exposure. As a victim of asbestos exposure, you are entitled to receive the best representation possible so that you can live the rest of your life without financial worry. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a construction worker, you are more vulnerable to injury than most workers. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
12 May, 2020
During this unprecedented time, nursing homes are closing their doors to best protect their high-risk residents from COVID-19. As of May 1st, 2020 deaths in these facilities are accounting for 44% of coronavirus related deaths in the state of Illinois. For many family members of these residents, the line can become a bit blurred when trying to file a lawsuit to get compensation for their loved one that has fallen ill from COVID-19 during this time. W  HAT IF YOUR LOVED ONE CONTRACTS COVID-19 IN A LONG-TERM CARE FACILITY? It is probably very frustrating if you have a loved one that is infected with COVID-19 in a long-term care facility during this time. You can only hope that the care facility you trusted is taking all necessary measures to protect your loved one, but sometimes this can be harder than you think. During disasters such as COVID-19, shortages in necessary PPE, or other supplies may cause these facilities to become overwhelmed and unable to provide the high standards of necessary care that are expected. These predicaments may result in loved ones falling ill in these types of facilities. Families may feel that “negligence” is to blame, resulting in a civil lawsuit towards the facility in hopes of getting some sort of compensation for the “negligent” acts that may have been committed. However, when supplies are running short, and facilities are understaffed, nursing homes do not want to be held legally responsible for these factors that they cannot control. In response, many nursing homes across the country are pleading for immunity from these civil suits regarding COVID-19. For some states, such as Louisiana, immunity for health care facilities is already put in place in times of natural disasters – these measures are put in place when the governor declares a state of emergency. Other states that have had legal immunity measures approved include Connecticut, Illinois, Massachusetts, Michigan, New Jersey, and New York. If you have a loved one currently housed a long-term care facility, it might be tempting to try and find a way to go see them. However, in times like this, it is best to stay away until the risk from COVID-19 has diminished. Everyone needs to be doing the best they can to protect these high-risk groups, especially in long-term care facilities where everyone is in such close proximity. To keep these numbers from growing, the CDC provides several strategies to try to prevent COVID-19 from entering these long-term care facilities, and how to prevent rapid spread if it does. KEEPING COVID-19 OUT No visitors (except for critical situations – e.g., end-of-life). No volunteers, non-essential health care personnel, or consultant services (e.g., barber, hairdresser) should be allowed in. Implement universal use of source control for everyone in the facility. Screen essential personnel or anyone else coming into the building for fever and COVID-19 symptoms. Send anyone with symptoms home and allow for flexible sick leave policies. Cancel all field trips outside the facility. IDENTIFY INFECTIONS EARLY Actively screen residents every day for fever and COVID-19 symptoms. If symptoms are apparent, isolate immediately and implement. Asymptomatic residents may exude other atypical symptoms including, worsening feeling of discomfort or illness, new dizziness, or diarrhea. If any of the following occur, contact your state or local health department immediately: Respiratory infection leading to hospitalization or death. 3 or more residents or HCP develops a respiratory infection. Individuals with suspected or confirmed COVID-19. PREVENTION Cancel all gatherings within the facility including communal dining. Enforce social distancing. Ensure that all capable residents are wearing a cloth face covering when leaving their room, especially when leaving for essential medical appointments. Make sure all HCP wear a facemask or cloth face covering while in the facility. If COVID-19 is confirmed in the facility, all residents should be restricted to their rooms. HCP should be required to wear all recommended Personal Protection Equipment (PPE) for the care of all residents even without symptoms. PPE includes: N95 or higher-level respirator (if unavailable, a facemask) Eye protections Gloves Gown DESIGNATING A COVID-19 CARE UNIT In order to best protect other residents in long-term care facilities, it is best to create a designated area to care for residents who are confirmed with COVID-19. The CDC has provided these specific considerations to create this designated area: Determine the location and create a staffing plan before identifying residents HCPs with COVID-19. Physically separate the unit from other rooms housing residents without COVID-19 (e.g., separate floor or wing). Assign dedicated HCP to specifically work in this unit, and this unit only. Place signage at the entrance of the unit that instructs HCP of proper PPE. If PPE shortages become a problem, create a strategy to optimize the supply on hand. Assign specific care equipment to the unit, that shall only be used in this specified unit. Ensure that the equipment is being properly cleaned and disinfected in between residents. WHITESIDE & GOLDBERG, LTD. If you believe that your loved one has experienced mistreatment in a nursing home, contact Whiteside & Goldberg, Ltd. to discuss a successful approach to receive proper care and compensation for your family member. Additionally, if you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
07 May, 2020
JOINT CUSTODY DURING COVID-19 During these trying times, everyone should be focused on staying at home, and the health of themselves and others around them. However, navigating a joint custody agreement during this time could get a little complicated. Due to COVID-19, the majority of state and family courts are only accepting abuse and endangerment cases . This closure can create a lot of anxiety and confusion when trying to determine how separated parents will deal with their child going back and forth from houses. The majority of states have issued a stay at home order, which entails only going out for essential reasons. As for Chicago, Governor Pritzker did specify that abiding by a court order would qualify as essential travel , thus allowing for children to move between houses as specified by the custody agreement. Meaning that these court orders should be followed during this time. However, there are probably many concerned parents out there that aren’t comfortable allowing their child to move back and forth from houses as it could pose a risk to the child if the other parent is not abiding by the stay at home order and social distancing. Legally, due to courts being closed, there’s not too much you can do to change the agreement. The best actions to take would be to communicate with your child’s other parent and determine what you both believe would be the best course of action for your child’s safety. If your child is high-risk, or you believe that the other parent could have been exposed to COVID-19 it could be the best course of action to come up with a temporary alternative plan for the course of the pandemic. If an agreement cannot be made, then resorting to a family law attorney for advice and mediation could be best to determine what is best for the child. GETTING SICK AT WORK Most people during COVID-19 have transitioned to working online, but there are still many people out there in the forefront of the pandemic. These people go to work every day being put in a potentially compromising position as they risk being exposed to COVID-19. If you are one of these people, you are probably concerned about what is going to happen if you are exposed to or contract the Coronavirus while on the job. FAMILY AND MEDICAL LEAVE ACT Employers who have 50 or more workers for 20 or more weeks of the year are required to follow the federal Family and Medical Leave Act (FMLA) . However, in order to benefit from this act, it requires that the employee has worked for the employer for a minimum of 1 year (12 months) and worked at least 1,240 hours (about 24 hours a week) over the course of the prior year. This act ensures that employees have 12-week job-protected leave for medical reasons. Despite the fact that this act does not require employers to issue paid leave, some employers may offer several weeks anyway, so it is best to talk to your employer to get a better understanding of what you can expect from them. This act also allows you to take up to 26 weeks of FMLA leave to care for a family member who has COVID-19. WORKERS’ COMPENSATION Working on the front lines during this pandemic may have you concerned about what you are going to do financially if you end up catching COVID-19 and cannot return to work. If you are in Chicago you might be aware that Governor Pritzker had requested that the Illinois’ Workers’ Compensation Commission pass an emergency rule that would further support frontline workers who are infected with COVID-19 by presuming it was a result of their work duties. This emergency rule expanded workers’ compensation insurance for many groups of workers considered “essential” during the stay-at-home order, and. However, when the rule was passed there was much backlash from many business groups, arguing that the rule would necessitate employers to deal with added medical expenses and salary benefits for an employee who contracted the virus, even if there was no proof that the employee was exposed to the virus at the workplace. The executive director of the Illinois Nurses Association, however, saw this new rule in a positive light. Many nurses have been experiencing questioning from their employer about where they contracted the virus, even though their workplace is an extremely likely place to be exposed to the virus. However, a judge decided to issue a temporary restraining order to the rule due to a lawsuit filed by the Illinois Manufacturers’ Association and the Illinois Retail Merchants Association. Thus, initiating the Illinois’ Workers’ Compensation Commission to repeal the emergency rule. Despite this emergency rule being retracted, the Illinois Workers’ Occupational Diseases Act may still cover you if you are exposed to COVID-19 at work and are infected. If you contract COVID-19 at work, Whiteside & Goldberg Ltd. are here to help you get the compensation that you deserve! Contact us at 312-334-6875. WHITESIDE & GOLDBERG, LTD. If you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
04 May, 2020
Many of you probably have not left your house in days as many states have ordered a “shelter in place” order due to COVID-19. As of April 20th, 2020, 42 states had implemented a statewide order , and 3 (Utah, Wyoming, and Oklahoma) have orders in parts of the state. Leaving North Dakota, South Dakota, Nebraska, Iowa, and Arkansas with no implemented stay at home order. When stay at home orders were first implemented, many people took it as a complete “lockdown”, however it is far from that. As far as Chicago , the stay at home order was announced on March 20th, and put into effect Match 21st at 5 p.m. For the duration of Illinois’ stay at home order, residents will be required to stay at their place of residence, unless it is for essential activities (listed below). Update: Pitzker has announced an extension for the stay at home order through May 30th, with modifications. These modifications allow for elective surgeries to resume, stores not on the “essential” list to take orders online or over the phone and offer pick-up and delivery, and a phased reopening of some state parks. However, starting May 1st, any person over two years of age, and able to medically withstand a face mask will be required to wear one when they can’t maintain the six-feet social distancing requirement. Here is what you can (and cannot) do during the stay-at-home order: What Is Still Open? Emergency City services Healthcare facilities Grocery stores, and other stores selling groceries and medicine Laundry services Restaurants (Take-out and delivery only) Gas stations and other business essential for transportation (including bike shops) Day care centers for employees exempted by the order (only those granted emergency license) Transportation Financial Institutions Hardware and supply stores Critical trades Mail services Educational institutions (implementing six-feet distancing) Business with supplies needed to work from home Businesses with supplies for essential business and operations Home-based care and services Residential facilities and shelters Professional services (legal, accounting, insurance, etc.) Manufacture, distribution, and supply chain for critical products and industries Critical labor union functions Hotels and motels Funeral services WHAT YOU CAN DO Attend religious services (no more than 10 people) Go to the city’s public parks and outdoor recreation areas (except playgrounds) Other outdoor activities (as long as social distancing protocol is followed) Essential activities travel Take care of elderly, minors, dependents, persons with disabilities, or other vulnerable people. Travel to/from educational institutions to obtain learning material, meals, or related services Travel required by law or court order (ex. Transport children due to custody agreement) Non-residents can travel to return to out of state residence WHAT YOU CANNOT DO Go to the Lakefront Trail and any other nearby parks, beaches or paths, the Chicago Riverwalk, and Bloomingdale Trail. Go to the library Conduct or attend any public or private gathering of any number of people outside a single household (except as permitted by the Executive Order) Attend places of public amusement such as, amusement parks, carnivals, water parks, aquariums, zoos, bowling alleys, concert venues, and related facilities. Travel for any nonessential reason As time goes on, and we are stuck inside for longer and longer, with no real end in sight to return to normalcy, people are beginning to get antsy, and want to get back to their normal everyday life. This poses the question: CAN THE GOVERNMENT RESTRICT MY RIGHT TO ASSOCIATE, ASSEMBLE AND TRAVEL? As for state and local governments, yes. Per the Tenth Amendment, State and local officials have police powers , which allow them to institute actions in order to maintain public health . Thus, these actions would include, the institution of curfews, quarantines, inspection laws, limitation of gatherings, the ban of people and traffic from the street, ration or price controls on goods, and suspending alcohol consumption. In order to prevent abuse of this power, some restrictions were put in place. First, a health officer will make public health enforcement decisions, if an individual is detained, they have the right to a hearing to determine if confinement is appropriate, and lastly, the power cannot be used for punishment or any other purpose besides public health. Additionally, as for the federal level, Section 361 of the Public Health Service Act (PHSA), allows the FDA to instill practices to control communicable diseases which includes, detention/conditional release of individuals in order to prevent the introduction, transmission, or spread of communicable diseases. Also allows for the “Application of regulations to persons entering from foreign countries” and “Apprehension and examination of persons reasonably believed to be infected”. However, if this were to progress into a discriminatory action , where the order would only be imposed on Asian-Americans, then it would be classified unconstitutional. LAWSUIT IN CHICAGO On April 23, 2020 Governor Pritzker of Chicago extended the stay at home order that was set to expire on May 1st through May 30th with modifications. This next phase would allow elective surgeries to resume, businesses not on the essential list to take orders over phone and allow pick-up and delivery, and a phased re-opening of some state parks. However, the same day State Rep. Darren Bailey of Xenia filed a lawsuit the same day. This lawsuit claimed that Pritzker was overextending his power by extending the order, after the original order expired on April 9th. A court judge then blocked the extension of the stay at home order by issuing a temporary restraining order – only applying to Bailey. Pritzker has agreed to appeal the case. WHITESIDE & GOLDBERG, LTD. If you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
14 Apr, 2020
Amidst the battle against coronavirus or COVID-19, the Illinois government has recently stepped up to protect the most vulnerable front-line, essential workers. As of April 13th, 2020, J.B. Pritzker, the governor of Illinois made an emergency amendment to the workers’ compensation rules in Illinois for the next 150 days. This article will break down the emergency amendment, discuss what legal recourse essential workers will have if they contract COVID-19 during this state of emergency, as well as explain who is considered a “front-line worker”. W  HO IS CONSIDERED A “FRONT-LINE”, “COVID-19 FIRST RESPONDER” OR “ESSENTIAL” WORKER? This new emergency amendment considers Front-Line, COVID-19 First Responder essential workers as any individual employed as police, fire personnel, emergency medical technicians, or paramedics. In addition to these first responders, the new amendment also recognizes health care providers engaged in patient care, correction officers and the following crucial personnel as front-line workers: Stores that sell groceries and medicine Food, beverage, and cannabis production and agriculture Organizations that provide charitable and social services Gas stations and transportation businesses Financial institutions Hardware and supply stores Critical trades Mail, post, shipping, logistics, delivery, and pick-up services Educational institutions Laundry services Restaurants for consumption off-premises Residential facilities and shelters Supplies to work from home Supplies for essential businesses and operations Home-based care and services Professional services Day care centers for employees exempted by Executive Order 2020-10 Manufacture, distribution, and supply chain for crucial products and industries Critical labor union functions Hotels and motels Funeral services As you can see, the list of essential workers that will be covered by this new emergency amendment is extensive. As COVID-19 spreads over the next 150 days, any essential workers who contract COVID-19, will be eligible for workers’ compensation under this new rule. Keep reading for more details on what this means for essential workers. WHAT IF ESSENTIAL WORKERS ARE DIAGNOSED WITH COVID-19? This new amendment put into place on April 13th states, “In any proceeding before the Commission where the petitioner is a COVID-19 First Responder or Front-Line Worker, if the petitioner’s injury or period of incapacity resulted from exposure to the COVID-19 virus during a COVID-19-related state of emergency, the exposure will be rebuttably presumed to have arisen out of and in the course of the petitioner’s COVID-19 First Responder or Front-Line Worker employment and, further, will be rebuttably presumed to be casually connected to the hazards or exposures of the petitioner’s COVID-19 First Responder or Front-Line Worker employment.” This means that if you are a front-line worker as defined in the list above and you are diagnosed with COVID-19, it will be legally presumed that you contracted the virus due to your job as an essential worker. Under this emergency amendment, essential workers will be afforded the full protections of the Workers’ Compensation Act in the event they are exposed to or contract the virus. WHITESIDE & GOLDBERG, LTD. If you are an essential worker still showing up every day to do your job and help others, we greatly appreciate the role that you are playing in keeping our country alive. Should you fall ill to the COVID-19 virus, we don’t want you to have to worry about your financial situation on top of everything else. The skilled attorneys at Whiteside & Goldberg, Ltd. are here to help you get the workers’ compensation that you deserve during this difficult and uncertain time. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. As a COVID-19 First Responder, you are more vulnerable to contracting the coronavirus than most. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
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