Usually, due to the severity of the injuries their clients have suffered and the circumstances surrounding the accident itself, the injury lawyers at Indiana / Illinois personal injury law firm Kenneth J. Allen & Associates are faced with dealing with insurance companies and their representatives, along with the defendants and their attorneys, due to the insurance policies that apply to the situation. Oftentimes, there will be several defendants and several insurance carriers involved in a case (first party, third party, excess, etc.). To complicate things, the defendant’s attorney is usually being paid by the insurance company, not the defendant itself. In fact, that defense lawyer may have a significant part of his caseload – and therefore his livelihood – provided by that insurance carrier. This can only increase the influence of the carrier upon the case and needless to say, can pose problems in negotiation, settlement, and trial. Insurance Companies, Adjusters, Attorneys and the Duty of Good Faith Insurance companies that cover large corporations -- such as trucking companies, commercial airlines, or railways -- not only expect tragic accidents to occur periodically based upon their statistics, they prepare for that eventuality. For example, it is not unusual for an insurance adjuster to appear on the scene of a major Big Rig / 18-wheeler accident before the police arrive: the truck driver has been trained to call the company immediately and notify them of any accident, and typically carries a camera to take scene photos. At the scene, the adjuster will begin his investigation of the event for the purpose of defending against the claims that will be made - taking recorded statements, video, and more. Frequently, the insurance company will have its own accident reconstruction expert on the scene in mere hours. None of this activity in and of itself is illegal. However, the law does require that all these different players on the defense team – the adjuster, the insurance company, the defense attorney – act in good faith when dealing with their own insureds. An adjuster can appear on the scene, but an adjuster is in bad faith if he attempts to get a distraught insured to sign a release of liability. On the other hand, that same adjuster can and often will seduce the accident victim into giving a recorded statement or otherwise harm her case if the victim is not an insured who has paid premiums to that insurance company. Good faith theoretically extends into the negotiation of an injury or death claim but, again, only to claims made by insureds against their own insurance companies. From a business perspective, the insurance defense position is to settle the matter for as little as possible or delay the claim as long as possible if the accident victim refuses to settle short and demands fair compensation. In truth, insurance companies have influenced and shaped the laws in most states so the concept of insurance company liability for bad faith is simply that – a concept rarely enforced in practice. Be forewarned: don’t attempt to deal directly with an insurance company in a serious injury or death case. Neither should you expect your own insurance company to act in good faith. Rest assured, without counsel the insurance company will likely win at your expense. Aggressive, experienced injury lawyers are needed when dealing with sophisticated insurers Faced with the sophistication of insurance carriers and their cohorts, injury victims and their families need aggressive, experience personal injury lawyers that are adept at dealing with the realities of how insurance coverage impacts lawsuits today. For the personal injury lawyers at Kenneth J. Allen & Associates, their abilities and determination to fight for their clients is well-known to the major insurance companies. Over the years, it has been made clear: Kenneth J. Allen & Associates does not accept large numbers of cases in hopes of settling them en masse for a quick buck. Instead, Kenneth J. Allen & Associates is selective in its caseload, and the firm’s trial lawyers are more than willing to go to trial if a legitimate and acceptable settlement is not reached. With this attitude, Kenneth J. Allen & Associates ups the insurance company’s risk. Its injury trial lawyers know the law – including the requirements that every insurance company is by statute required to act “in good faith” – and they don’t hesitate to use it.

Defective products harm people. Sometimes, they kill people. In many instances, there is media coverage notifying the public of extremely dangerous products. Sometimes, there are recalls by the manufacturers themselves. Plaintiffs usually have their cases consolidated into a single suit in federal court under multi-district litigation (“MDL”) rules or, sometimes, combined into a single “class action" lawsuit. The MDL and Class Action techniques are frequently used in products liability cases in which hundreds or thousands of persons are affected. This way the litigation is streamlined and the parties are able to simultaneously assert their claims against the manufacturer, distributor, and possibly others responsible for the unsafe product. In other instances, the product may be defective but not on a mass scale. The injured victim here still has her legal rights, but she may stand alone against the same number of defendants as would be present in the larger, class action matter. Because these cases are very expensive to litigate, they can only be brought when the victim’s injuries are devastating or catastrophic. What are defective products? Examples of defective products involved in injury lawsuits include: 1. Defective motor vehicles: cars, automobiles, motorcycles, ATVs or airplanes / aircraft; 2. Defective component parts: tires (blowouts, exploding tires), seatbacks, wiring, seat belts, or brakes; 3. Defects in consumer products: children’s toys, toasters, cribs, car seats, irons, and electrical devices; and 4. Defects in industrial equipment, control devices or tools: cranes, heavy equipment, remote controls, hand tools, valves, and boilers. If you or a loved one has been harmed or killed by a defective product, then you need legal counsel with knowledge and experience in dealing with the complexity these claims entail. Claims must be investigated and pursued against various manufacturers and distributors of the product, and expert testimony must be gathered. How can Kenneth J. Allen & Associates help you? The injury lawyers at Northwest Indiana and Chicagoland’s Kenneth J. Allen & Associates have represented many plaintiffs who have been seriously injured by defective products. In fact, one of the best compliments Kenneth J. Allen & Associates has received came at the end of a product’s liability / defective product trial, when the company being sued as a defendant asked to be put in contact with the firm’s experts -- so the defendant business could make changes to the defective machine – just as Kenneth J. Allen & Associates injury attorneys had argued were needed. With this, not only was the firm’s client satisfied with individual justice in their case, but the law firm met its dual goal of helping bring about long-term positive change.

Serious fun can quickly turn into a serious accident in the water. According to United States Coast Guard, thousands of people die or are seriously injured each year in boating accidents on US waterways, with the amount of property damage totaling in the millions of dollars. Pilot error accounts for 70% of boating accidents; many times, accidents occur when those piloting the boats are under the influence of alcohol. BOAT-US (Boat Owners Association of United States) estimates that alcohol plays a role in half of all boating accidents (50%). When serious injury or death happens due to a boating accident, victims and their families will need the help of a personal injury lawyer experienced with water sport, boating, and watercraft incidents. Plaintiffs may be able to claim monetary awards providing compensation for medical expenses, lost wages, pain and suffering, rehabilitative therapy, and other costs related to the injury. If drunk driving was involved, i.e., boating under the influence (BUI), punitive damages may be available. These money damages may be able to be obtained from a number of defendants. An experienced water sport and boat accident injury attorney can determine who is liable. Defendants can range from the boat operator and the boat owner, to the manufacturer and supplier of the boat, as well as of the manufacturer and suppliers of various parts and equipment. To assist in claims resolution, BOAT-US provides a national recall alert registry, and every state has a consumer affairs department that can help in determining possible defendants. Kenneth J. Allen & Associates has the knowledge and experience to uncover what really happened, and go after those responsible. The sport injury lawyers at Kenneth J. Allen & Associations are familiar with federal preemption laws, and the proper legal channels will be navigated. Additionally, the accident team at Kenneth J. Allen & Associates will gather noted medical experts who can evaluate and testify to the physical, emotional and financial effects of the victim’s serious injury or wrongful death.

Everyone at the injury law firm of Kenneth J. Allen & Associates believes that you should be able to trust your doctor – and any other health care provider treating you or your loved one. However, it’s not a perfect world and medical mistakes happen every day – and sometimes, their victims are seriously injured and even die as a result. More People Die Each Year from Medical Errors than from AIDs, Breast Cancer, or Car Wrecks It’s a frightening but true statistic that the number of people that die every year because of medical malpractice is higher than those who die from AIDS, breast cancer, or car crashes. What is happening? Here are some of common examples of medical error, or malpractice: failure to diagnose; failure to properly treat; making an incorrect diagnosis; failure to order necessary tests or properly evaluate test results; failure to monitor the patient’s condition; failing to prescribe the right drugs or the right dosage; and surgery mistakes. Do You Know if You or a Loved One is a Victim of Medical Malpractice? Sad but true, your family cannot rely upon the health care professionals (nurses, aides, techs, doctors, hospital administration, etc.) to tell you that a mistake has been made. Your doctor will not tell you he’s made an error. The only way that your family will learn of medical malpractice is by your own investigation -- that’s where an experienced medical malpractice attorney can be of great help. How a Medical Malpractice Lawyer Can Help You Having a knowledgeable and experienced medical malpractice attorney to gather the facts and review your case and then help you pursue your medical malpractice claim is especially important in this complex area of the law. Therefore, each medical malpractice case Kenneth J. Allen & Associates handles has been carefully screened before the client and the injury attorney make their joint commitment to make a claim or file suit. The medical malpractice lawyers at Kenneth J. Allen & Associates zealously pursue theses cases, ready to take each one to a jury if necessary. If cases go to trial, juries are provided with a physician specializing in rehabilitative medicine who gives expert testimony, mapping out a “life care plan” that shows the victim’s needs in terms of dollars and cents, taking into account medical inflation and quality of life. It’s just one example of the aggressive representation in medical malpractice cases that Kenneth J. Allen & Associates is known for. Medical Malpractice Laws Provide for Money Damages – and there’s a Deadline Due to tort reform, state laws have been passed to deal with medical errors and to protect victims and their families when there has been a failure of a physician or doctor (or other health care professional) to do their job properly. Indiana and Illinois laws are not the same. In Indiana, all claims for medical malpractice must first be submitted to a medical malpractice review by a panel of three practicing health-care providers. There are also limits on the recoverable money damages. The Indiana medical malpractice process essentially doubles the cost, and the time it takes, for resolving malpractice claims. Additionally, damages are capped at $1.25 Million – no matter how grievous the harm. In Illinois, there are no caps or limitations on damages and many of the other tort reform changes proposed to the medical malpractice laws have been ruled unconstitutional. However, like Indiana’s panel review procedure, Illinois malpractice claims must first be approved by a health care provider who must sign a certificate that the case has merit before it can be filed.

Nearly 5,000 pedestrians are killed in traffic accidents every year in the United States. Wrongful death while jogging or simply walking across the street sounds almost impossible in this day and age, but it happens. People are injured every day in pedestrian accidents and these injuries are sometimes fatal. Even in low speed collisions, pedestrians are likely to suffer injuries to the lower extremity and spine requiring surgical treatment. When a pedestrian is struck by a vehicle traveling 30 MPH or greater, serious injury to the head and neck is almost inevitable and the most frequent consequences include nerve damage, traumatic brain injury (TBI), spinal cord injury, paralysis, physical disfigurement, and permanent disability. Children are, of course, especially vulnerable to injury in these cases. And in the case of children under 14, even a simple fractured leg can have lifelong consequences. The growth plates in the lower extremities have not fully developed by that age. A kid’s simple fracture which involves a significant portion of the growth plate can result in a permanent reduction of height, leg length discrepancy, and permanent limp. If you or a loved one has been injured as a pedestrian, in a hit and run or otherwise, then you may be entitled to recover legal damages. Your own uninsured motorists insurance typically provides coverage in cases involving hit and run, so long as there is some property damage involved. Successful resolution of your claim will involve not only establishing your injuries, but also the driver’s negligence and identifying all those, such as an employer for whom the negligent driver works, that may share responsibility for the accident. Kenneth J. Allen & Associates Ready to Help Injured Pedestrians and Their Families Get Legal Relief The injury lawyers at Kenneth J. Allen & Associates are experienced in dealing with pedestrian accidents and their resulting injuries, and understand the complexities of pursuing remedies for victims and their families in these cases.

Mesothelioma is a fatal form of cancer that is entirely preventable. Also known as “asbestos cancer,” it is a truly evil disease with a horrific ability to conceal itself literally for decades within the bodies of workers or their family members before it manifests. In fact, mesothelioma can hide from view for as long as 40 years before an exposure to asbestos fibers culminates in a cancer diagnosis. How do you get asbestos cancer? Mesothelioma victims fall prey to the disease either by inhaling (breathing in) asbestos fibers or by ingesting (swallowing) them. Usually, this occurs on the job; however, there have been cases of asbestos cancer where the wife or other family member was exposed to asbestos by coming into contact with a worker’s clothing, shoes, gloves, or the like. Many wives are diagnosed with mesothelioma after years of doing the laundry, cleaning a husband’s work clothes that have been inundated with the deadly fibers. Steelworkers susceptible Steel workers who worked in the mills prior to the 1980s can be particularly susceptible to mesothelioma, as well as other serious diseases caused by exposure to asbestos. Often clothing worn by mill workers contained asbestos, as well as equipment used in the steel mills such as piping, blast furnaces, boilers, etc. And, it is not limited to just workers in the steel industry. Construction workers, carpenters, electricians, roofers, plumbers and other occupations are potentially at risk. The Three Main Types of Mesothelioma There is more than one type of mesothelioma, and most mesothelioma – like other cancers -- can spread to other parts of the body (“metastasize”). The most common forms of mesothelioma are: 1. Pleural Mesothelioma (Attacks Breathing System). Pleural asbestos cancer is the most widespread form of mesothelioma. It is the result of someone breathing in asbestos – usually in the form of tiny asbestos fibers, inhaled on the job. Once drawn into the body, these tiny particles of toxic asbestos material then slowly maneuver themselves toward the walls of the air passageways, lodging particularly in lung tissues, and eventually metastasize into lung cancer. 2. Peritoneal Mesothelioma (Attacks Digestive System). Peritoneal mesothelioma is a common form of cancer that results from swallowing asbestos, allowing the toxic asbestos fibers to travel through the digestive system. The tiny asbestos fibers bury themselves in the walls of both the small and large intestines, and over time their toxic presence results in cancer not only in the abdomen’s lining, but usually metastasizing into growing, spreading cancerous tumors. 3. Pericardial Mesothelioma (Attacks the Heart / Lymph System). Pericardial mesothelioma is not seen as often as the prior two forms of asbestos cancer, but it still occurs all too often in this country. In this type of cancer, fibers are swallowed but instead of entrenching themselves within the digestive system, they maneuver into the lymph glands, pushing into the mesothelium lining of the heart. Who Gets Exposed to Asbestos Fibers? Asbestos is a miracle mineral from many industrial perspectives, and for over 200 years it has been commonly used for a wide variety of economical commercial purposes, particularly in the manufacturing and building trades. Asbestos is flexible. It is extremely hard to catch on fire. It is also very hard to destroy; it’s almost an everlasting, indestructible bit of nature. These three industry-favorable characteristics (flexible, fire-retardant, long-lasting) are weighed against the possibility of endangering workers, and all too often profit-oriented companies choose profits over people. Famous, internationally known corporations like Nabisco, Goodyear, Toyota, and IBM have all been found liable to their employees for millions of dollars in damages resulting from mesothelioma. Nevertheless, asbestos still can be found in the following everyday products: Brake linings Building insulation Carpet underlay Caulking/Putties Ceiling panels and tiles for ceilings and floors Cement piping and cement board Chalkboards Electrical wiring Laboratory Hoods and Tabletops Linoleum flooring Roofing materials Toasters and Toaster Ovens Wall paneling. Moreover, those choosing to earn their living in the following endeavors may or may not realize that with this line of work comes an increased risk of exposure to deadly asbestos – and ultimately, death from mesothelioma -- on the job, because employers are still inadequately protecting their workers from this hazard: Construction Workers, generally Oil and Gas Refinery Workers, generally Shipyard Workers, generally Asbestos Mine Workers Bricklayers Carpenters Electricians Mechanics Roofers Plasterers Plumbers Welders. For more information: Agency for Toxic Substances and Disease Registry (Center for Disease Control) Environmental Protection Agency - Asbestos National Cancer Institute Complicated Lawsuits Need Experienced Mesothelioma / Asbestos Cancer Lawyers Lawsuits are usually filed after diagnoses are made that a worker or their loved one suffers from mesothelioma (“asbestos cancer”) in order to fight for proper and adequate compensation for the care and treatment of the cancer victim. Since each case involves the need to have complex medical knowledge as well as detailed legal expertise to adequately advocate for these victims and their families, there are certain trial attorneys and injury law firms dedicated to this focused area of severe injury practice, such as well-respected efforts in the area of mesothelioma / asbestos cancer law undertaken by the Chicagoland law firm of Kenneth J. Allen & Associates.

There are two very serious injuries to the human body that result from accidents, causing permanent damage and life-altering consequences: traumatic brain injuries and spinal cord injuries. Frequently, both types of damage occur in the same serious accidents, since both the head and neck may be simultaneously involved. The National Spinal Cord Injury Association estimates that there are 30 new and serious spinal cord injuries occurring every single day in the United States, and 60% of those injured are men under the age of 30. Car accidents cause of most spinal cord injuries in our country, with acts of violence a close second. What is a spinal injury? Spinal injury entails severe harm to the central nervous system, i.e., the spinal cord, spinal nerves and brain. The spinal cord is made up of a bundle of nerves which facilitates communication between the brain and the body. The spinal cord itself is surrounded by fluid, protected by ligaments and bone (vertebrae) with an intervertebral disk, a shock absorber made mostly of cartilage, separating each vertebra. This disk has a gelatinous material at its core, called the nucleus propulsis, which facilitates movement. When the movement is extreme, or untoward forces are exerted on the spine, the outer rings of the disk may rupture or “herniate” and the nucleus propulsis can be squeezed into the spinal cord or spinal nerves, causing excruciating pain and sometimes paralysis. When there is a severe injury to the spine, permanent damage to the spinal cord and nerves which control body movement results. Apart from extreme pain, this kind of injury may result in faulty brain communication at best, and an absence of brain communication at the worst. Victims of spinal cord injury commonly face paraplegia or quadriplegia. It is a tragic and devastating event for both the victim and his loved ones. Spinal Injuries are Expensive to Treat Due to the severity of spinal cord injuries, the cost of a victim’s care is enormous. Victims face paralysis; chronic pain; infected bed sores; and loss of bladder or bowel control and sexual function. Many spinal cord injury victims need continuous care around the clock care for the rest of their lives. When handling spinal cord injury cases, the injury attorneys at Kenneth J. Allen & Associates understand the importance of conveying to the jury the enormous medical expenses facing the victim. Our injury attorneys will retain rehabilitation specialists and doctors know as physiatrists to assess the minimum future health care needs of the client. All of the daily needs, such as catheters, mobility devices, home modifications, and home health care are factored into a life care plan. Then economists are hired to determine the total expected lifetime medical costs, which frequently total many millions of dollars. Complicated Lawsuits Need Experience Spinal Cord Injury Lawyers Lawsuits are usually filed after accidents resulting in spinal cord injury in order to obtain adequate compensation for the care and treatment of the spinal injury victim. When handling spinal cord cases, the injury lawyers at Kenneth J. Allen & Associates understand the importance of conveying to the jury the daily struggle the spinal cord injury victim must face. Typically, a camera crew shadows the client to create a documentary film, called a “Day in the Life” video, which highlights the activities of daily living, like changing catheters or bowel programs, which only a rare few besides victims and their families ever witness. Routine use of this kind of evidence along with comprehensive life care plans is what sets the injury attorneys at Kenneth J. Allen & Associates at a much higher level of expertise in handling spinal cord and brain injury cases. Since each case involves the need to have complex medical knowledge as well as detailed legal knowledge to properly advocate for these victims and their families, there are certain trial attorneys and injury law firms dedicated to this focused area of severe injury practice, such as well-respected efforts in this area by the Northwest Indiana and Chicagoland law firm of Kenneth J. Allen & Associates.

Unfortunately, in most serious semi-truck crashes, falls and work accidents there is a very high risk not only of death, but of tremendously tragic, permanent damage to the two most vulnerable areas of the human body: the brain and the spinal cord. Traumatic brain injuries (TBI) and spinal cord injuries – severe injuries to the head and neck – are not only debilitating and life-altering for the injured person, but they are equally catastrophic to the injury victim’s loved ones and family. No one is the same after an accident where there is a severe brain injury. Within the few minutes time that it takes for a serious car crash, trucking accident, or on the job injury to occur, the lives of many people – victims, their husbands or wives, parents, children, grandchildren, brothers and sisters – can be forever changed. In most instances, the injury victim is totally innocent of any responsibility or fault for this unfair and heartbreaking life event. And brain damage never goes away. Traumatic Brain Injury is the “silent epidemic” in our country today According to the Center for Disease Control and Prevention, each year approximately 1,400,000 people will suffer a brain injury in the United States. Of these, 100,000 will die from their injuries and another 500,000 will face a life where they must cope with severe and horrific permanent disability. Studies done by the University of Pennsylvania’s Center for Brain Injury and Repair also reveal the following terrifying facts: brain injury is the leading cause of death/disability for people under 45 yrs old; more people die from a brain injury in this country than from AIDS, breast cancer, MS, and spinal cord injury combined; and every 15 seconds, someone in the United States suffers a brain injury. Today in our country, there are over 5,500,000 TBI sufferers facing the daily struggles of life after a traumatic brain injury – two percent (2%) of the current U.S. population. This statistic does not include those indirectly hurting every day from their loved one’s serious accident – one can safely assume those numbers to be in the tens of millions. Given that four people suffer brain injuries every single minute in our nation, it’s no wonder that experts refer to Traumatic Brain Injury as the "silent epidemic." What is a traumatic brain injury? Many assume that brain injuries happen because of a direct blow to the head or loss of consciousness, whether during a slip and fall, an accident at work, a semi-truck crash, auto collision with a heavy truck or bridge abutment. While many brain injuries are the result of trauma directly to the head, sometimes brain damage can occur without loss of consciousness or a direct blow to the head. This is so because the brain, a very soft organ suspended in cerebral spinal fluid, is encased in a very hard shell, the skull. The brain can often be injured by striking the bony skull, which occurs during sudden acceleration-deceleration – which occurs, for example, in a crash between a car and semi-truck at highway speeds or when a person falls at work from a scaffolding or ladder. In fact, most neurologists and neuropsychologists agree that mild traumatic brain injury does not require actual loss of consciousness or direct trauma to the head. But TBI can and does occur in situations other than semi-truck crashes, falls or work-accidents For example, mild TBI may occur as the result of infection due to faulty medical care; poisoning (such as breathing toxic fumes while working on the job); or from insufficient oxygen or blood flow to the brain, as in the case of negligent vaginal delivery of an infant. The truth is that any injury to the head can seriously and permanently harm someone. Any sudden blow to the head can render an individual physically incapacitated and reliant upon mechanical life support, or mentally disabled, depressed, unable to sleep and incapable of exercising self-control. Not all brain injuries are easy to spot. TBIs may be wickedly subtle in how they have damaged someone. Brain injury victims sometimes have violent, sudden mood swings as well as a frustrating loss of memory – particularly short-term memory. TBI victims are vulnerable to being easily confused and often exhausted because brain injury often disrupts one’s ability to sleep. brain injury to children who will henceforth have learning disabilities they never experienced before their fall in the schoolyard or injury in a car or truck crash. You should suspect a loved one may be suffering from a serious brain injury or TBI if they are show signs of being: Clumsiness (especially immediately after the accident) – dropping things, unable to hold tightly onto an object Confusion (especially immediately after the accident) – they may not know where they are, how to get home, what day it is, etc. Dizziness (either immediately after the accident or later) – dizzy spells are a big hint of TBI Fatigued – very weak or too exhausted to do activities that they would normally undertake which is frequently associated with sleep disruption caused by TBI Headache – severe head pain may hint of brain injury Photophobic – that is, bothered by bright light or extra-sensitive to loud sounds Memory Loss – unable to recall new info or facts recently learned – like what they ate for breakfast Nausea (especially immediately after the accident) – vomiting or feeling the urge to vomit is a common result of a brain injury Numbness – the inability to feel any part of their body (finger, toe, limb) can mean TBI Depression – this is a common effect of mild TBI because the person realizes she’s no longer able to think and remember as well as she could once Asnomia – that is, the loss of sense of smell (the olfactory nerves which control the sense of smell are very delicate and can easily be damaged during trauma) Personality change – this is the most troubling aspect of TBI since it affects loved ones as well as the injured person; the inability to control one’s temper and emotions is a frequent consequence of TBI Seizures– seizure disorder and convulsion can occur immediately or begin years after a TBI Other diseases– persons who have suffered TBI are more susceptible to early onset of Alzheimer’s or other dementia, Parkinson’s Disease and brain atrophy. Brain Injuries (TBIs) Require Expensive Treatment and Care The financial cost and expense of a brain injury victim’s care can be astronomical. Not only are the initial medical expenses high when a severe accident or injury is involved, but the long-term medical care costs for those suffering from traumatic brain injuries can reach into the millions of dollars. TBI victims may have a long lifetime ahead of them, where they will need daily, around-the-clock nursing care and therapy needs, as well as extended surgeries and other forms of treatment. For example, monetary damage awards assessed for young children who have sadly suffered a traumatic brain injury can be extremely high. Complicated Lawsuits Need Experienced Traumatic Brain Injury - TBI Lawyers Lawsuits are usually filed after accidents resulting in traumatic brain injury (TBI) in order to obtain adequate compensation for the care and treatment of the traumatic brain injury (TBI) victim. Since each case involves the need to have complex medical knowledge as well as detailed legal expertise to adequately advocate for these victims and their families, there are certain trial attorneys and injury law firms dedicated to this focused area of severe injury practice, such as well-respected efforts in this area by the Northwest Indiana and Chicagoland law firm of Kenneth J. Allen & Associates.

“Slip and Fall” is a catch phrase used by doctors and lawyers alike to describe injuries that result from someone falling down as a result of a dangerous or hazardous condition on someone else's property. Sometimes, you can also hear someone call the same event a “trip and fall” or a “step and fall” -- it always involves a serious falling injury. What are serious falling injuries? Falling injuries can result from slippery substances (ice, snow, rain, grease, etc.) on the walking surface. They can also happen when there are unexpected changes in flooring, or bad visibility from bad lighting, or a partially hidden hazard, like a hole in the ground. According to the Occupational Safety & Health Administration (OSHA), falling injuries account for most serious and fatal injuries in the workplace. Both the property owner and the injured person may be held to varying degrees of responsibility for a fall injury. While the property owner has a legal duty to keep its property safe, all pedestrians have a legal duty to watch where they are going, and to observe what can normally be observed through reasonable care, such as an open and obvious patch of ice on walking surfaces. A person is expected to use reasonable care to prevent injury, and that legal axiom applies both to companies that own or operate premises as well as those using another’s premises. Who is responsible under the law? Both Indiana and Illinois recognize legal liability for damages and injury suffered in an accident which the property owner could through reasonable care can anticipate and prevent. The key is often whether the property owner knew or through reasonable care could have discovered the dangerous condition or activity, and could have taken reasonable steps to prevent the accident. So, for example, when someone falls because a long-missing manhole cover is not replaced, there is legal liability even if the party responsible for maintaining the cover claims he didn’t know the manhole was uncovered. Some property owners are particularly accountable. Owners of hotels and apartment complexes, for example, have special legal responsibilities to those folk they’ve invited to enter and use their property. These owners must keep the common facilities in a safe condition. How can a lawyer help? In a simple accident or a fall case, insurance adjusters will often attempt to take recorded or written statements of the accident victim. NEVER GIVE A STATEMENT TO AN INSURANCE ADJUSTER OR REPRESENTATIVE WITHOUT YOUR LAWYER PRESENT! Insurance adjusters are highly trained to gain the confidence of accident victims in order to undermine claims. A recorded or written statement taken by an experienced insurance adjuster can create huge problems in a fall or accident case. Insurance personnel are trained to phrase questions in a way which can pose problems if the case goes to court. A seemingly simple accident can have complex repercussions – both medical and legal - and therefore requires a complex legal approach. At Kenneth J. Allen & Associates, injury attorneys have years of experience with a wide variety of slip and fall injuries. These Northwest Indiana and Chicagoland slip and fall accident lawyers know the questions to ask – for example, what was the coefficient of friction for the floor covering or coating? Was there was a chronic problem evidenced by prior similar accidents at the facility where the slip and fall occurred? Furthermore, firm engineers are versed in technical details – determining applicable ASME, ANSI, BOCA and other codes and regulations to establish legal liability. And firm medical experts can explain to a jury in simple terms the injury you suffered, and the day-to-day as well as life-long implications of a serious injury suffered in a slip, trip and fall.

It’s always a worry that your child will be injured while at school, no matter their age. Even very young children can be seriously hurt at recess by playing too roughly on unsafe equipment or because of a lack of supervision, and older kids can be permanently injured or even killed while playing games at school or during formal sporting events. While minor scrapes and injuries are part of growing up, serious and severe injuries that happen because of negligent supervision, unsupervised play, actual bullying or harassment, or unsafe school playground equipment should be a part of childhood. Parents have a right to expect their children to be reasonably safe while at school and during school activities. If there is negligence on the part of school officials and it results in a serious injury to your child, then there may be a valid legal claim for money damages. Of note, Indiana has special rules any time a lawsuit is filed against a government agency, including agency-held parks and schools. Illinois law is different, although filing a lawsuit against a public entity in many circumstances must be commenced within one year. Because Kenneth J. Allen & Associates practice exclusively in accident and injury law in both Indiana and Illinois, our personal injury attorneys are aware of the state laws, as well as their limits which injured persons must face in bringing claims for school and playground child injuries.

Big Rigs, 18-wheelers, tractor-trailer trucks, semis. Commercial trucks, no matter what you call them, cause some of the most deadly motor vehicle accidents in this country. Considering that most commercial trucks on the road weigh 80,000 lbs. while their neighbors on the road, standard automobiles, weigh around 3000 lbs., it is easy to understand why truck crashes usually result in serious injury or death for at least one of the individuals involved. Commercial Trucks Are Heavily Regulated Lawmakers have studied this situation – big trucks driving alongside cars, minivans, SUVs, and the like, in dangerous proximity – and today, federal, state, and local regulations exist regarding commercial trucks. These laws dictate a wide variety of things, such as what loads a truck can carry or haul, what roads they can travel, and how long their drivers can be on the road. Hours of Service ("HOS") regulations prohibit a driver from being on the road for more than 11 straight hours. Studies have shown that tired drivers wreck trucks. Driver fatigue is a major cause of truck accidents. (Weather, road hazards, inadequate training and supervision, lack of inspection and maintenance, and shifting loads are other major causes.) Claims after a Trucking Accident When a commercial truck crash occurs, evidence must be preserved quickly. Witnesses must be found and interviewed; and studies must be done of the roadway, the vehicles, and everyone involved in the accident. Claims must then be made against all those who may share responsibility for the victim's injuries: the trucker, the truck owner, the manufacturer of the truck, the owner of the cargo, the store expecting the delivery -- even some governmental agencies may be partly at fault. If you or a loved one has been injured or killed in an accident with a large, commercial truck (Big Rig, 18-wheeler, tractor-tractor, or semi), then you may be entitled to recover damages for a variety of losses including physical disfigurement, pain and suffering, lost income, and lost earning capacity. If life was lost, then wrongful death damages may be available for grieving loved ones. How Kenneth J. Allen & Associates Can Help At Northwest Indiana and Chicagoland personal injury law firm of Kenneth J. Allen & Associates, two trial lawyers dedicate a significant percentage of every workday to helping victims of truck crashes. One of them, attorney Bryan Bradley, is the son of a truck driver and uniquely understands the circumstances surrounding the trucking industry, pressures placed upon truckers, and the big-picture causes that usually exist behind seemingly simple human error.

The U.S. Department of Transportation reports a continuing rise in car accident deaths across the nation. Car accidents remain the main cause of death for teenagers between the ages of 15 and 19. Many accidents are caused by distracted drivers, for example drivers who are texting or talking on a cell phone, requiring the subpoenaing of cellular telephone billing and usage records. If you or a loved one has been seriously injured in a car accident involving a driver who made a mistake, or even a wreck caused by someone driving drunk, the law protects you. State laws exist that make certain types of damages legally available to you and your family, including reimbursement for medical expenses; lost wages; pain and suffering; mental anguish; physical impairment and/or disfigurement. Negotiations with Professional Insurance Company Representatives Recovering from a car accident is difficult. Car wrecks are major life events. Having an experienced accident lawyer to help you in obtaining your legal damages can be very important, particularly when you are involved in negotiations with professional insurance adjusters. Insurance companies are for-profit corporations. Insurance carrier representatives negotiate each accident claim with profit as a consideration, and their goal will be to settle as fast and as cheap as possible. So, it is very helpful for an injury victim to have an aggressive and knowledgeable accident lawyer to help level the playing field. How the accident firm of Kenneth J. Allen & Associates can help The Northwest Indiana and Chicagoland accident firm of Kenneth J. Allen & Associates is very experienced in representing car accident victims and their families. Taking the same protocols used in representations of victims of plane, train and semi-truck crashes, the car accident lawyers at Kenneth J. Allen & Associates advocate for victims of auto accidents with a variety of sophisticated strategies, including scene reconstruction, video witness testimony, and contributions by medical experts, engineers and economists, working together to present a case that is both emotionally compelling and legally sound.

Buses that carry passengers are considered “common carriers” under state and federal law and must adhere to the same safety and driving standards as trains and airplanes. Therefore, when a crash occurs involving a bus, the legal claims will be more complex than the ordinary car crash. Investigation must be made into whether or not the bus itself meets federal safety standards, etc. The bus driver must be checked to insure that he had a valid license and if he suffered from any substance abuse issues. The site itself must be studied for any external contributing factors to the crash. Bus crashes usually involve a number of injury victims as well as several defendants, since the driver, the owner of the bus (the bus company) as well as those responsible for maintaining the bus, the roadway, etc. may all be partially responsible. Therefore, if you live in Indiana and Illinois and were seriously hurt in a car crash or motor vehicle accident involving a bus anywhere or if you have been seriously hurt in a motor vehicle accident involving a bus in Indiana and Illinois, either because you were a passenger on the bus (like Greyhound), or because you were a driver or a pedestrian who was injured by an oncoming bus, then it is important that you are represented by injury lawyers with experience in bus accident claims and bus accident litigation, like the injury attorneys at Kenneth J. Allen & Associates.

1. Plane crashes Personal injury law divides aviation accidents into three areas: plane crashes involving commercial airlines; international air disaster fatalities; and non-commercial aviation accidents (i.e., personal airplane crashes). Commercial plane crashes, where large jets crash and large numbers of people are severely hurt or killed, are the most heavily regulated under the law. For example, the Aviation Disaster Family Assistance Act of 1996 requires a commercial airline to assist families in traveling to any crash site. International aviation accidents may or may not be governed by the state or federal law of the United States. A crash of any plane flying into O’Hare from Canada or elsewhere outside the U.S. borders will be controlled by any number of laws. For example, in 1929, the Warsaw Convention was entered into by the United States and several other nations. This limits the liability of commercial airlines for plane crashes involving international flights between the subject countries when they are due to unintentional error, but sets no limit on intentional acts. Therefore, courtroom fights often ensue in these crash cases on the issue of whether or not the cause of the crash was intentional or neglectful mistake. Private plane crashes are aviation accidents that don’t involve commercial airlines; these are governed by general aviation law of both state and federal origin, including agency regulations of the Federal Aviation Administration ("FAA") and the National Transportation Safety Administration (“NTSA”). Private planes that crash usually have claims filed in state court by plane crash victims and their families against any number of defendants, including the owner/ operator of aircraft; those maintaining the aircraft; those supplying components to the aircraft; and the plane’s manufacturer. Regardless the type of aviation accident or plane crash, the injury lawyers at Chicago’s Kenneth J. Allen & Associates are very experienced in dealing with aviation injuries, and understand the complexities of pursuing aviation accident/plane crash remedies for victims and their families. If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation. 2. Train wrecks Today, trains are not used very often for public transportation; instead they are critical to our country’s economy as a carrier of cargo. Present-day train accidents usually involved mechanical failures or maintenance problems along the track, causing derailments that halt the train and endanger only the cargo delivery deadline. Nevertheless, people still die in train accidents today. The Federal Road Administration estimates 1000 Americans die each year as a result of train accidents. Most of these fatalities involve accidents where a train collides with another train or with a motor vehicle. As a “common carrier” under the law, railroads transports people or goods according to a specified schedule, and have a corresponding legal duty to make sure that both safely reach their destination. Once a train crosses a state line, federal law also applies: the railroad will be required to also meet the requirements of the Interstate Commerce Act for common carriers. Under common carrier law, carriers have a duty to warn of danger. They must warn bystanders of oncoming trains, for example. In most train – car fatalities, there has been inadequate warnings at the roadway/rail crossing. Unfortunately, most of these accidents of trains colliding with cars results in death. Train crash claims involve volumes of applicable law and regulation, as well as costly evidence needs in the terms of gathering facts and expert testimony. For victims of train accidents and their families, it is very important to have the assistance of experienced injury attorneys with knowledge of railroad claims as soon as possible. At the Chicago accident law firm of Kenneth J. Allen & Associates, firm accident attorneys are experienced in representing train wreck victims and their families. For example, founder Ken Allen served as case counsel in two train wrecks that, together, left 10 dead and 165 injured.

Motorcycles are dangerous – not only because the rider is vulnerable to the road (there’s no metal box or air bag between him and the asphalt), but because in most motorcycle crashes where the rider is killed, passenger vehicle drivers report that they simply “didn't see” the motorcycle prior to the crash. Helmets are controversial. Many riders hate them. However, another factor in the high rate of deaths in motorcycle accidents is the failure of the motorcyclist to wear a helmet. Still, riders see helmets as a danger in and of themselves: riders complain that helmets restrict range of view and may be a contributing factor to the fatal crash. In any motorcycle crash, victims that are not killed often times face permanent disabilities, especially those involving traumatic brain injury (TBI) or spinal injury. Exorbitant medical expenses must be assessed, and the proper defendants made responsible. Accumulating the proper facts to successfully obtain all available insurance coverage, as well as expenses not covered by insurance, can be complicated, overwhelming, and voluminous. It is very important for motorcycle accident victims and their families to enlist the aid of injury lawyers with experience in motorcycle crashes. The law firm of Kenneth J. Allen & Associates applies the same passion and attention to detail it uses representing victims of plane, train and truck accidents to the victims of motorcycle crash injuries. Scene reconstruction, witness testimony, medical experts, engineers and economists are all brought together to present a case that is as emotionally compelling and legally sound.

In the State of Indiana, state legislation specifically defines who is eligible to get monetary damages (cash awards) for the wrongful death of a loved one, and also the circumstances which constitute what a “wrongful death” is under Indiana law, as well as the amounts of compensation available to the wrongful death claimant. The Northwest Indiana and Chicagoland law firm of Kenneth J. Allen & Associates is prohibited from provided legal advice or opinion regarding the application of the Indiana Wrongful Death Statutes to a specific situation or circumstance on a general website; however, the language of the wrongful death statutes are being provided herewith and the wrongful death attorneys at Ken Allen & Associates welcome your questions by phone or email. IC 34-23-1-1, Death from wrongful act or omission: Sec. 1. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefore against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission. When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof. The remainder of the damages, if any, shall, subject to the provisions of this article, inure to the exclusive benefit of the widow or widower, as the case may be, and to the dependent children, if any, or dependent next of kin, to be distributed in the same manner as the personal property of the deceased. If such decedent depart this life leaving no such widow or widower, or dependent children or dependent next of kin, surviving her or him, the damages inure to the exclusive benefit of the person or persons furnishing necessary and reasonable hospitalization or hospital services in connection with the last illness or injury of the decedent, performing necessary and reasonable medical or surgical services in connection with the last illness or injury of the decedent, to a funeral director or funeral home for the necessary and reasonable funeral and burial expenses, and to the personal representative, as such, for the necessary and reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney's fee, aSd in case of a death under such circumstances, and when such decedent leaves no such widow, widower, or dependent children, or dependent next of kin, surviving him or her, the measure of damages to be recovered shall be the total of the necessary and reasonable value of such hospitalization or hospital service, medical and surgical services, such funeral expenses, and such costs and expenses of administration, including attorney fees. As added by P.L.1-1998, SEC.18. IC 34-23-1-2, Wrongful death actions; damages Sec. 2. (a) As used in this section, "adult person" means an unmarried individual: (1) who does not have any dependents; and (2) who is not a child (as defined in IC 34-23-2-1). (b) If the death of an adult person is caused by the wrongful act or omission of another person, only the personal representative of the adult person may maintain an action against the person whose wrongful act or omission caused the death of the adult person. (c) In an action to recover damages for the death of an adult person, the damages: (1) must be in an amount determined by a: (A) court; or (B) jury; (2) may not include: (A) damages awarded for a person's grief; or (B) punitive damages; and (3) may include but are not limited to the following: (A) Reasonable medical, hospital, funeral, and burial expenses necessitated by the wrongful act or omission that caused the adult person's death. (B) Loss of the adult person's love and companionship. (d) Damages awarded under subsection (c)(3)(A) for medical, hospital, funeral, and burial expenses inure to the exclusive benefit of the adult person's estate for the payment of the expenses. The remainder of the damages inure to the exclusive benefit of a nondependent parent or nondependent child of the adult person. (e) Aggregate damages that may be recovered under subsection (c)(3)(B) may not exceed three hundred thousand dollars ($300,000). A jury may not be advised of the monetary limits placed on damages under this subsection. If the jury awards the plaintiff damages under subsection (c)(3)(B) in an amount that exceeds three hundred thousand dollars ($300,000), the court shall reduce that part of the damages awarded to the plaintiff to three hundred thousand dollars ($300,000). (f) A parent or child who wishes to recover damages under this section has the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person before the parent or child may recover damages. (g) In an action brought under this section, a court or a jury may not hear evidence concerning the lost earnings of the adult person that occur as a result of the wrongful act or omission. (h) In awarding damages under this section to more than one (1) person, the court or the jury shall specify the amount of the damages that should be awarded to each person. (i) In an action brought under this section, the trier of fact shall make a separate finding with respect to damages awarded under subsection (c)(3)(B). As added by P.L.84-1999, SEC.2. I.C. 34-23-2-1. Wrongful death or injury of child (a) As used in this section, "child" means an unmarried individual without dependents who is: (1) less than twenty (20) years of age; or (2) less than twenty-three (23) years of age and is enrolled in an institution of higher education or in a career and technical education school or program. (b) An action may be maintained under this section against the person whose wrongful act or omission caused the injury or death of a child. The action may be maintained by: (1) the father and mother jointly, or either of them by naming the other parent as a codefendant to answer as to his or her interest; (2) in case of divorce or dissolution of marriage, the person to whom custody of the child was awarded; and (3) a guardian, for the injury or death of a protected person. (c) In case of death of the person to whom custody of a child was awarded, a personal representative shall be appointed to maintain the action for the injury or death of the child. (d) In an action brought by a guardian for an injury to a protected person, the damages inure to the benefit of the protected person. (e) In an action to recover for the death of a child, the plaintiff may recover damages: (1) for the loss of the child's services; (2) for the loss of the child's love and companionship; and (3) to pay the expenses of: (A) health care and hospitalization necessitated by the wrongful act or omission that caused the child's death; (B) the child's funeral and burial; (C) the reasonable expense of psychiatric and psychological counseling incurred by a surviving parent or minor sibling of the child that is required because of the death of the child; (D) uninsured debts of the child, including debts for which a parent is obligated on behalf of the child; and (E) the administration of the child's estate, including reasonable attorney's fees. (f) Damages may be awarded under this section only with respect to the period of time from the death of the child until: (1) the date that the child would have reached: (A) twenty (20) years of age; or (B) twenty-three (23) years of age, if the child was enrolled in an institution of higher education or in a career and technical education school or program; or (2) the date of the child's last surviving parent's death; whichever first occurs. (g) Damages may be awarded under subsection (e)(2) only with respect to the period of time from the death of the child until the date of the child's last surviving parent's death. (h) Damages awarded under subsection (e)(1), (e)(2), (e)(3)(C), and (e)(3)(D) inure to the benefit of: (1) the father and mother jointly if both parents had custody of the child; (2) the custodial parent, or custodial grandparent, and the noncustodial parent of the deceased child as apportioned by the court according to their respective losses; or (3) a custodial grandparent of the child if the child was not survived by a parent entitled to benefit under this section. However, a parent or grandparent who abandoned a deceased child while the child was alive is not entitled to any recovery under this chapter. HISTORY: P.L.1-1998, § 18; P.L.234-2007, § 169, emergency eff. July 1, 2007.

In the State of Illinois, state legislation entitled the “Wrongful Death Act,” specifically defines who is eligible to get monetary damages (cash awards) for the wrongful death of a loved one, and the circumstances which constitute what a “wrongful death” is under Illinois law, as well as the amounts of compensation available to the wrongful death claimant. The Northwest Indiana and Chicagoland law firm of Kenneth J. Allen & Associates is prohibited from provided legal advice or opinion regarding the application of the Illlinois Wrongful Death Statute to a specific situation or circumstance on a general website; however the language of the statute itself is being provided herewith and the wrongful death attorneys at Ken Allen & Associates welcome your questions by phone or email. The Illinois Wrongful Death Act (740 ILCS 180/1) (from Ch. 70, par. 1) (Text of Section WITH the changes made by P.A. 89 7, which has been held unconstitutional) Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. No action may be brought under this Act if the decedent had brought a cause of action with respect to the same underlying incident or occurrence which was settled or on which judgment was rendered. This amendatory Act of 1995 applies to causes of action accruing on or after its effective date. (Source: P.A. 89 7, eff. 3 9 95.) (Text of Section WITHOUT the changes made by P.A. 89 7, which has been held unconstitutional) Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. (Source: Laws 1853, p. 97.) (740 ILCS 180/2) (from Ch. 70, par. 2) Sec. 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person. In every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, including damages for grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person. The amount recovered in any such action shall be distributed by the court in which the cause is heard or, in the case of an agreed settlement, by the circuit court, to each of the surviving spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person. Where the deceased person left no surviving spouse or next of kin entitled to recovery, the damages shall, subject to the following limitations inure, to the exclusive benefit of the following persons, or any one or more of them: (a) to the person or persons furnishing hospitalization or hospital services in connection with the last illness or injury of the deceased person, not exceeding $450; (b) to the person or persons furnishing medical or surgical services in connection with such last illness or injury, not exceeding $450; (c) to the personal representatives, as such, for the costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney's fee. In any such case the measure of damages to be recovered shall be the total of the reasonable value of such hospitalization or hospital service, medical and surgical services, funeral expenses, and such costs and expenses of administration, including attorney fees, not exceeding the foregoing limitations for each class of such expenses and not exceeding $900 plus a reasonable attorney's fee. Every such action shall be commenced within 2 years after the death of such person but an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. For the purposes of this Section 2, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child, respectively. However, if a person entitled to recover benefits under this Act, is, at the time the cause of action accrued, within the age of 18 years, he or she may cause such action to be brought within 2 years after attainment of the age of 18. In any such action to recover damages, it shall not be a defense that the death was caused in whole or in part by the contributory negligence of one or more of the beneficiaries on behalf of whom the action is brought, but the amount of damages given shall be reduced in the following manner. The trier of fact shall first determine the decedent's contributory fault in accordance with Sections 2 1116 and 2 1107.1 of the Code of Civil Procedure. Recovery of damages shall be barred or diminished accordingly. The trier of fact shall then determine the contributory fault, if any, of each beneficiary on behalf of whom the action was brought: (1) Where the trier of fact finds that the contributory fault of a beneficiary on whose behalf the action is brought is not more than 50% of the proximate cause of the wrongful death of the decedent, then the damages allowed to that beneficiary shall be diminished in proportion to the contributory fault attributed to that beneficiary. The amount of the reduction shall not be payable by any defendant. (2) Where the trier of fact finds that the contributory fault of a beneficiary on whose behalf the action is brought is more than 50% of the proximate cause of the wrongful death of the decedent, then the beneficiary shall be barred from recovering damages and the amount of damages which would have been payable to that beneficiary, but for the beneficiary's contributory fault, shall not inure to the benefit of the remaining beneficiaries and shall not be payable by any defendant. The trial judge shall conduct a hearing to determine the degree of dependency of each beneficiary upon the decedent. The trial judge shall calculate the amount of damages to be awarded each beneficiary, taking into account any reduction arising from either the decedent's or the beneficiary's contributory fault. This amendatory Act of the 91st General Assembly applies to all actions pending on or filed after the effective date of this amendatory Act. This amendatory Act of the 95th General Assembly applies to causes of actions accruing on or after its effective date. (Source: P.A. 95 3, eff. 5 31 07.) (740 ILCS 180/2.1) (from Ch. 70, par. 2.1) Sec. 2.1. In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed, the court, upon motion of any person who would be entitled to a recovery under this Act, and after such notice to the party's heirs or legatees as the court directs, and without opening of an estate, may appoint a special administrator for the deceased party for the purpose of prosecuting or defending the action. If there is more than one special administrator appointed and one of the administrators is a corporation qualified to act as a representative of the estate of a decedent and if the compensation of the attorney or attorneys representing the special administrators is solely determined under a contingent fee arrangement, then upon petition and approval by the court, the special administrator which is a corporation shall not participate in or have any duty to review the prosecution of the action, to participate in or review the appropriateness of any settlement of the action, or to participate in or review any determination of the appropriateness of any fees awarded to the attorney or attorneys employed in the prosecution of the action. If a judgment is entered or the action is settled in favor of the special administrator, he or she shall distribute the proceeds as provided by law, except that if proceeds in excess of $5,000 are distributable to a minor or person under legal disability, the court shall allow disbursements and fees to the special administrator and his or her attorney and the balance shall be administered and distributed under the supervision of the probate division of the court if the circuit court has a probate division. (Source: P.A. 92 288, eff. 8 9 01.) (740 ILCS 180/2.2) (from Ch. 70, par. 2.2) Sec. 2.2. The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human being caused by wrongful act, neglect or default. There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given. Provided, however, that a cause of action is not prohibited where the fetus is live born but subsequently dies. There shall be no cause of action against a physician or a medical institution for the wrongful death of a fetus based on the alleged misconduct of the physician or medical institution where the defendant did not know and, under the applicable standard of good medical care, had no medical reason to know of the pregnancy of the mother of the fetus. (Source: P.A. 81 946.)

The determination of what wrongful death law applies in a case – or if a wrongful death statute applies at all -- can be extremely important and very complicated. One state’s statute may be more favorable to a claimant than another; a savvy defendant will urge the law more favorable to its bottom line must be applied – if any wrongful death statute is to be applied at all. Only certain individuals are allowed to pursue recoveries under wrongful death laws. Wrongful death claims are civil lawsuits Wrongful death claims are lawsuits that are filed against those who can be held legally liable for a death. Sometimes, they are included in a personal injury lawsuit; sometimes, they exist as separate lawsuits filed by loved ones who have suffered a tragic loss. On occasion, wrongful death cases proceed simultaneously with criminal cases, where the government is prosecuting an individual believed to be responsible for another’s death. (One of the most notorious examples of this type of overlapping case involves the trial of O.J. Simpson and the simultaneous wrongful death suits filed by the Brown and Goldman families.) Wrongful death jurisdictions – the legal fight The Northwest Indiana and Chicagoland law firm of Kenneth J. Allen & Associates has represented clients who were seeking justice under the wrongful death statutes of a wide variety of state laws. At times, the firm has had huge legal battles not only to determine which Wrongful Death Statute will apply in a case, but also regarding whether or not a loved one is legally entitled to receive a recovery under the law (determination of heirship, etc.)

The U.S. Bureau of Labor Statistics studies the relative safety of various occupations in the country each year, more people die working in private construction than in any other industry, and the injury counts are much higher. Anyone who has worked construction knows that construction sites provide extremely dangerous working conditions: the nature of the work itself carries a high risk of injury, and the workplace is filled with hazards: high scaffolds, toxic chemicals, live electrical wiring, and dangerous machinery are commonplace on any construction site. Construction site accidents and workplace deaths have a number of causes: the mistakes of other workers, defective machinery, faulty equipment, and the inherently dangerous conditions of a project in the process of being built. Workers fall from scaffolding; they're injured on faulty forklifts, material loads (lumber or bricks) can crush limbs as they fall; electrocution can result from a variety of devices or open wiring; welding rods can cause severe burns and blindness. The Indiana / Illinois injury firm of Kenneth J. Allen & Associates approaches every construction work injury cases with one fundamental understanding -- NO employee should ever be faced with the decision, “Should I do the job as asked, in a way that is not safe, or should I go home, risking my paycheck if not my job?” And yet, each day across the United States, this is exactly the false choice employees are given. Firm founder Ken Allen was born in Gary, Indiana, a few miles from a steel mill. Almost everyone he knew worked there, and during summers, so did he. To this day, Mr. Allen remains a 25-year member of the Carpenter’s Union. He’s a former union teamster and railroad track laborer. Helping injured workers, especially construction workers, is one of the firm’s most passionate efforts.

No employee should have to suffer because his or her employer failed to provide a safe work environment with necessary and reasonable safeguards. Yet in cases of explosions and fires, failure to do so can cause the most tragic of outcomes. Fires and explosions are not uncommon in any number of industrial settings, such as offshore rigs or refinery sites. Even the standard construction site contains volatile chemicals that can ignite can cause serious harm; in other industries, working with electricity and hazardous materials is just a part of the everyday job. State and federal laws, rules, and regulations exist to protect workers who are vulnerable to explosions or fires while on the job. Nevertheless, serious accidents occur with severe injuries and even death as the result. At the injury law firm of Kenneth J. Allen & Associates, the accident lawyers’ exclusive handling of injury and accident cases means they understand the severe issues facing burn victims. Unlike any other injury, severe burns inflict physical and psychological damage that can change a person’s life forever – as well as their loved ones. The Northwest Indiana and Chicagoland accident firm of Kenneth J. Allen & Associates is experienced in helping workers and their families who have had their lives forever altered by injuries or wrongful death due to explosion or fire.

Working in factories can be very dangerous, particularly if you are employed in a large auto factory or a manufacturing hub. Computers can malfunction, assembly lines can fail to stop, rollers or belts can fault, and other factory equipment can fail, causing serious injury or death. Likewise, construction workers are statistically more vulnerable to severe injuries due to equipment and machine malfunction. Construction workers fall from scaffolding; they can be injured on faulty forklifts, material loads (lumber or bricks) can crush limbs as they fall; electrocution can result from a variety of devices or open wiring; or welding rods can cause severe burns and blindness. Whether an accident was caused by a faulty machine, working conditions regarding the machine, or both, the accident law firm of Kenneth J. Allen & Associates has the passion and experience to pursue the case to the fullest. With its past experience working with victims of on the job work injuries caused by equipment and machine malfunctions, in a variety of circumstances, the firm’s injury attorneys have not only a familiarity with the common problems ignored by industry, but the legal standards to which companies are expected to meet in order to address deficiencies.

An electrocution is most often thought of as a freak accident, an act of nature. Someone is struck by lightening on the basketball court or the wet football field. In truth, most electrocutions are caused by unsafe, unmonitored conditions. Many victims die from electrocution. For those that survive, the victim can suffer both physical and psychological effects of burns for many years, such as painful scarring and physical deformity. Additionally, many survivors of electrocution suffer the permanent effects of traumatic brain injury (TBI), which can be both catastrophic and subtle in its effects on a person. Headaches, short-term memory loss, and mood swings are some of the minor results of TBI that can literally destroy the victim’s life. More serious brain injuries can result in severe harm, such as partial paralysis and severe mental illness (e.g., chemical depression or schizophrenia). At the Indiana / Illinois injury law firm of Kenneth J. Allen & Associates, firm experts testify to both cause and effect in all electrocution cases. Expert engineers are called upon to tell the why and how of what went wrong to cause the electrocution in the first place. For clients suffering from catastrophic injuries, a physician specializing in rehabilitative medicine will map out a “life care plan” that shows the victim’s needs in terms of dollars and cents, taking into account medical inflation and quality of life.

It is dangerous to work for a railroad, and recognizing this, the law treats those who work on railroads differently than other employees. For example, railroad workers are covered by The Federal Employers Liability Act (FELA). FELA is a federal law applicable in every state requiring railroad employers to compensate employees who are injured on the job. It is a workers’ compensation law set up by the federal government to protect railroad workers when they are injured on the job. Railroad injuries can be caused by any number of things: hazardous working conditions, hazardous materials, inadequate safety measures, equipment failure or malfunction, improper supervision, or human error. And while the laws do exist, they are only as good as they are enforced – and it’s well-known that the federal government does little to monitor railroads to make sure that FELA requirements are being met. With this kind of paper tiger, it’s extremely important that railroad employees who are injured at work and on the job have experienced and qualified legal representation to protect their interests after a serious injury has occurred. At the Indiana / Illinois injury law firm of Kenneth J. Allen & Associates, firm founder Ken Allen started his life as a working man by being a railroad track laborer and later, a steel mill carpenter. With this personal history and experience, Ken Allen and his team of trial lawyers are focused and dedicated to helping injured railroad employees and their families, seeking compensation and justice for clients whose lives have been altered by the devastating effects of on-the-job accidents and injuries.

Steel mill workers earn a living in a very dangerous environment. There are regular media reports of workers dying or being serious injured and paralyzed from injuries sustained at work, on the job. Steel mill accidents can kill workers who fall from high ladders or who fall prey to molten steel that shifts during transport. They can be crushed, electrocuted, or burned to death – all while doing their jobs. And all too often, the initial response by the employer is that the worker has unfortunately died or been seriously hurt, but the circumstances surrounding the event are not made known to the public or the family, and the initial cause of death is something amorphous such as “blunt force trauma.” With its allegiance to the working man, nothing incenses the trial lawyer at the law firm of Kenneth J. Allen & Associates more than a perceived hiding of facts by employers, particular when there is a tragic and painful death involved as often happens to mill workers. At Kenneth J. Allen & Associates, firm experts fully investigate and thereafter testify to both cause and effect in all mill accident cases. Expert engineers are called upon to tell the why and how of what went wrong to cause the incident. For survivors who are suffering from catastrophic injuries, a physician specializing in rehabilitative medicine will map out a “life care plan” that shows the victim’s needs in terms of dollars and cents, taking into account medical inflation and quality of life.

Falls on the job can be serious, and sometimes fatal. A construction worker tumbles to his death from a scaffold. A mill worker slips and falls from a ladder and dies or is permanently injured. A railroad worker loses his footing and falls underneath the path of a moving train. These are not complicated scenarios. However, even a seemingly simple accident can have complex medical repercussions or fatalities, and therefore require an intricate legal approach. At Chicago’s work injury law firm Kenneth J. Allen & Associates, questions are asked to find out if there was a chronic problem at the facility where the slip and fall occurred. Employers cannot be trusted to be forthcoming with the full facts --- an independent investigation is necessary by experienced professionals. The law firm Kenneth J. Allen & Associates also uses engineering experts versed in technical details – determining coalitions of friction, drainage and facility design – to prove what type of conditions existed, the exact science behind what happened that eventful day and how it could have been easily prevented. Was the scaffold faulty? Was the flooring underneath the ladder unstable? Did the railroad worker’s safety harness fail as he fell from the train? Finally, the law firm sets loose a team of medical experts to investigate the cause of the injuries, and how best to deal with them in both the short term and over the long haul.

Employees who are hurt while working on the job are owed due compensation. Unfortunately, many employers do not react with a concern for their employee, but instead worry about their bottom line and coldly respond to valid on the job, work injury claims with red tape, roadblocks and retribution. Workers in the Northwest Indiana and Chicagoland area should never assume that Workers’ Compensation will take care of them without checking with their own lawyer. This is true even if the boss says an attorney isn’t needed, or if the company lawyer says everything’s covered, or if fellow employees warn the injury victim that they should not rock the boat. Having a workers’ compensation attorney on your side is always important, but especially so when you face situations like: The insurance company denies benefits to you; Your boss denies that you were hurt at work and injured while on the job; You go for medical treatment and you are refused medical care; or You’re not seeing what was promised to – wages, medical coverage, etc. It is extremely important to have a worker’s compensation lawyer if you are facing extreme situations after being hurt at work, and you are suffering from an on the job injury: You need money and have no income coming in; Your employer does not carry compensation insurance; or Someone other than your employer hurt you and caused your accident. The Northwest Indiana and Chicagoland injury law firm of Kenneth J. Allen & Associates only handles accident and injury cases. The firm has extensive experience in representing employees who have been hurt at work and suffer from on the job injuries. Working together, the legal team at Kenneth J. Allen & Associates works with consulting medical experts to establish the irrefutable fact of your loss, its future ramifications in terms of dollars and cents, as well as the responsibility of your employer. By righting your wrongs, we also seek to serve the greater good and prevent serious work injuries from repeating in the future through a safer workplace and a more compassionate, cooperative employer.

Whether you’re working as a member of the crew of a ship or vessel, as a merchant mariner, or earning a living as an inland river worker, you may well be a “seaman” under state and federal law – and considered as a special type of worker. Qualifying as “seaman” under the law Injured workers hurt on the job have to look to standard on-the-job injury workers’ compensation laws unless they can show themselves legally to be a “seaman,” which is defined as a worker who spends at least 30% of his workday onboard either a specific vessel or a fleet of vessels under common ownership or control. If the worker cannot pass this test, then his injuries will be covered by state and federal on the job injury workers’ compensation laws, such as the Longshore and Harbor Workers' Compensation Act. As a seaman, the law provides you with three possible sources of damage or money compensation when you are hurt on the job: (1) the principle of maintenance and cure; (2) the doctrine of unseaworthiness; and (3) the Jones Act. The Jones Act allows injured seamen to sue the employer/ship-owner for personal injury and wrongful death damages, and incorporates the Federal Employers Liability Act (FELA), which governs injuries to railway workers. Qualifying as a longshoreman Injured workers hurt on the job while working on the docks may be covered by the Longshore and Harbor Workers' Compensation Act instead of the usual state workers’ compensation laws. Administered by the U.S. Department of Labor, injured workers qualify for coverage under this act if they have “maritime employment.” Maritime employment includes such work as: loading vessels, unloading vessels, and building or repairing vessels. A maritime worker injured on a pier, wharf, dry dock, terminal, can be compensated under the Act, as well as on the vessel itself. The Longshore and Harbor Workers' Compensation Act provides medical and disability benefit as well as rehabilitation services. As with other compensation systems, the law substitutes an internal set of procedures as substitutions for the standard judicial system (trial). How an injury lawyer can help you It is extremely important to have a worker’s compensation lawyer with experience and knowledge of the specifics of both standard workers’ compensation statutes as well as the nuances and requirements of special worker protection acts, such as FELA, the Jones Act, and LHWCA. This is especially true if you are facing extreme situations after being hurt at work, and you are suffering from an on the job injury and face no money coming in or medical assistance being denied to you. The Northwest Indiana and Chicagoland injury law firm of Kenneth J. Allen & Associates only handles accident and injury cases. The firm has extensive experience in representing employees who have been hurt at work and suffer from on the job injuries.

Brain Injury – Traumatic Brain Injury (TBI) Brain injuries can be both catastrophic and subtle in its effects on a person. Headaches, short-term memory loss and mood swings are some of the minor injuries that can nevertheless destroy someone’s life or turn them into a different person. TBI is also responsible for severe and permanent injuries, including paraplegia, quadriplegia, and severe mental disorders such as schizophrenia. Paralysis Injuries to the head, neck, or back can result in either brain injuries or spinal cord injuries. Either of these events can cause temporary or permanent loss of the use of limbs – or full paralysis. Fractures Broken bones are serious injuries that must be carefully monitored in order to insure a proper and full recovery. Multiple fractures, from a fall or crushing injury, can result in long term medical needs including rehabilitation services. Electrocutions Electrocutions can occur in the home, in nature, or at the workplace. Many electrocutions are minor – a zap from the blow dryer, or a faulty light switch. Serious electrocutions kill. Fatal electrocutions involve high voltage exposure which is usually the result of an on the job accident. Other serious injuries resulting from electrocutions include traumatic brain injuries and severe burns. Amputations Some injuries (such as on the job crushing injuries and falls) can destroy a human limb to such a degree that there is no choice but to amputate that arm or leg. This is a permanent loss which is compensable under the law in many situations. Surgery Serious injuries may require any number of surgeries as well as long term postoperative care. Over the long term, brain injuries and spinal injuries will often require surgeries to deal with their long term effects. Burns Burns are severe and long-lasting injuries that result from many different types of accidents. Work accidents, car crashes, and electrocutions can also result in burns. Hazardous chemicals can cause chemical burns, as well. Burn injuries can be permanent, and are usually compensable under the law for those who have been burned through no fault of their own.