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DuPage, Kane and Will County Personal Injury Law Blog

The importance of diagnosing spinal injury

It is more than likely that spinal cord injuries, as well as other serious injuries, occur more often than they are diagnosed in Illinois. Understanding the exact nature of any injury is nearly as important to the field of law as it is to the practice of medicine. Complete diagnoses are often necessary to determine the extent of the injuries in a personal injury case, and therefore the necessary treatments that should be discussed.

Spinal cord and skeletal system injuries are among the most difficult to diagnose, perhaps because of their insidious nature. The Mayo Clinic states on their spinal cord injury page that severe symptoms, such as paralysis, might occur some time after the initial trauma. Another possible challenge to full diagnosis is the range of symptoms and complications: Spinal injuries might affect nearly any system of the body, from the bladder to the skin.

What do I need to know about space heater safety?

This winter, you will want to be comfortably warm in your home while keeping your heating bill down. Space heaters are an effective way to achieve both ends – they are known for making small areas toasty warm and are cost-effective to run. However, it is important for you and others in Illinois to know that there are right and wrong ways to operate space heaters – and sometimes, despite taking the necessary precautions, a space heater is simply not safe to use at all.

According to the DIY Network, space heaters are responsible for four out of five deaths due to home heating fires, and are reported to be the cause of one-third of all home fires. Knowing this, why would you want to risk using a space heater at all? The answer is that most space heaters are safe when used correctly. A significant amount of fires and electric shocks are caused by improper handling of the electrical cord. To prevent an overheating cord or electrocution, avoid running the cord under a rug, using an extension cord or using a space heater with a cord that has visible damage.

DETERIORATING CONDITION IS ENOUGH TO CREATE GENUINE ISSUE OF MATERIAL FACT REGARDING CONSTRUCTIVE NOTICE OF A DANGEROUS CONDITION

The Illinois Appellate Court for the First District recently ruled in favor of victims injured due to defective property conditions. In Nguyen v. Lam, the Illinois Appellate Court found that the Plaintiff presented enough evidence to create a genuine issue of material fact regarding the Defendants' constructive knowledge of the dangerous condition on their property where the testimony and photographs of the rusty catch basin lid and deteriorated surrounding concrete showed those conditions had existed for a sufficient length of time. The Court also rejected the argument by the Defense that Plaintiff needed to present an expert to testify about the duration of the defect.

Mathys & Schneid Files Lawsuit On Behalf Of Injured Passenger

Mathys & Schneid recently filed a lawsuit in Kendall County on behalf of a passenger who was injured in a single-car crash that occurred on August 10, 2017. Our client was one of four passengers in a car when the driver lost control of the vehicle and struck a tree on Douglas Road in Oswego. The lawsuit alleges that the driver of the car drove too fast for conditions, failed to reduce speed to avoid a crash, failed to keep a safe and proper lookout, and failed to keep the car on the road. The lawsuit also alleges that the driver acted willfully and wantonly by driving under the influence.

Watch out for drunk drivers around the holidays

In many towns and cities across the country, law enforcement officials often increase their patrols during the holiday season. Since drinking tends to increase around holidays, given the high number of celebrations and parties, there are often more checkpoints and officers engaged in looking for drunk driving to protect those on the road.

That being the case, if you live in or around Naperville and happen to take the risk of driving under the influence around the holidays, or any time of year for that matter, you are running the risk of arrest. While the best practice is to never get behind the wheel if you have had any alcohol to drink, statistics show that in Naperville and the surrounding area, there will be drunk drivers on the road.

Are you out of luck with a hit-and-run driver?

Car crashes can, and do, cause all manner of injuries to the spine, neck, back, brain and other areas. In many cases, they also lead to emotional and mental issues. For example, someone who was hit by a car and needed to have a leg amputated could be dealing with depression and grief over the loss, plus lost income from work. Both drivers' insurance companies are avenues to turn to for help offsetting these costs, but what if the driver in your case is a hit-and-a driver?

Are you just plain out of luck then? The answer, generally, is no. You should have options.

DE MINIMIS IS NO LONGER A GAME OF INCHES

The Illinois Appellate Court for the First District recently determined that surrounding circumstances are relevant when determining whether a defect can be de minimis as a matter of law. A pothole of a depth between half an inch and 2 inches was a defect not so minor to be considered de minimis as a manner of law.

A simple step to safer travel

The USA Today has reported that more than 35,000 people died in car accidents in the U.S. in 2016. This number represents a spike in deaths from motor vehicle collisions and leaves drivers in Illinois wondering what they can do to protect themselves on the road.

The National Highway Traffic Safety Administration has answered that question directly. "From 2011 to 2015," the NHTSA reports, "seat belts saved nearly 64,000 lives." Buckling up is one of the simplest steps both drivers and passengers can take to enhance their safety in vehicles. While the NHTSA does not pretend to offer guarantees a seat belt will keep every individual safe in every mishap on the road, the organization does provide solid evidence that being buckled adds a layer of protection.

Uninsured Drunk Driver Causes Two-Car Crash in Yorkville

On November 4, 2017, Anne Scott, 43, caused a head-on collision at Main Street and Route 47 in Yorkville. Police say that Scott was attempting to turn south onto Route 47 when she crossed over the center dividing lines and hit a northbound car. Scott left the scene and struck a traffic sign before being located and arrested by police.

45 Year Old Woodridge Woman Struck and Killed on Halloween

On October 31, 2017, a 45 year-old Woodridge woman was hit by a car at Route 53 and High Tail Drive in Woodridge. The victim, Cindy Higgins, was found injured at the intersection by police and transported to Edward Hospital in Naperville where she died from her injuries.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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