Octavio Duran, personal injury attorney at Willens Law Offices, recently moderated a Chicago Bar Association (CBA) event featuring Judge William Bauer.  Duran did this as part of his responsibility as a Special Project Coordinator for the Young Lawyers Section of the CBA.

Bauer is a Judge on the United States Court of Appeals for the Seventh Circuit in Chicago.  He was nominated for this position by President Gerald Ford back in 1974.  Prior to his position as an Appellate Court Judge, he was a United States District Court Judge for the Northern District of Illinois.  He was nominated for that position by President Richard Nixon.

Bauer is well known for his colorful ways of wording things when writing court opinions.  At his speech in front of Duran and other young Chicago lawyers, he used humor to get strong points across.  He reminded the young lawyers, some of who are struggling to find legal work, that they should be proud that they are lawyers.  He reminded his audience that despite all the lawyer jokes out there, being a lawyer is an honor and a privilege.  He reinforced the idea that, though there are some bad apples out there practicing law, the legal profession is still a very honorable one.  Duran agrees.

Duran stated, “In my time as a personal injury attorney, I’ve witnessed some less than honorable behavior, mostly from those who represent corporate America and the insurance companies’ interests.  Regardless, I will continue to practice with honor and dignity.  I believe in the nobility of law as a profession.”

The post Octavio Duran Presents Judge William Bauer appeared first on Willens Law Offices.

PUBLISHER: MICHAEL B. KRAMER | EDITOR: OLIVIA CLARKE

WORDS OF WILLENS

As my last trial wrapped up, opposing counsel and I were invited into chambers by the presiding judge to unwind from a weeklong battle. We started to shoot the breeze and I was humbled when the judge complimented me. He said I had done well for my client, and asked how us civil trial lawyers stay in “trial shape”, given very few cases ever make it to trial.

As a civil trial lawyer, cases that make it to trial can be few and far between. Though society often perceives a lawyer’s office to be the courtroom, in actuality, only a tiny fraction of our professional time is spent at trial.

The judge’s question about staying in shape had me stumped. I told him it was my previous experience in trying cases that kept me ready to go. But later, as I drove home, the question kept nagging me. How do I really stay in trial shape? Though previous trial experiences certainly help me feel comfortable in a trial setting, the judge was right about one thing: most of my time is not spent in the courtroom.

I thought about what other ways I prepare to stand in a courtroom that’s filled primarily with strangers, and pick a jury, present a case, make arguments and do all the other stuff lawyers do at trial.

Of course, there’s no denying that good trial lawyers are successful, at least in part, due to experience trying cases. However, the fact remains that a majority of civil cases settle prior to trial – well over 90 percent.

In a day and age where arbitrations and mediations are at an all-time high and becoming increasingly popular, there will likely be fewer and fewer trials. So when those less than ten percent of cases headed to court do come along, how do I ensure I’m ready?

Sometimes one element of life can unintentionally prepare us for other, unrelated situations. For example, as I considered this judge’s question, my mind wandered to my teaching experience.

For the past five years, I’ve been an adjunct professor of advanced trial advocacy at Loyola University Chicago School of Law. I spend time teaching law students how to try cases. In showing the students the ins and outs of trial law, I provide myself with an up-close refresher. What’s more is I learn as much from them as they learn from me. Seeing the various students’ styles of running their cases gives me a chance to observe their strengths and borrow nuances I had never before seen. Likewise, in critiquing them, I can make a mental note not to do something that seems ineffective or unprofessional.

Teaching also provides me an audience with whom I can practice public speaking. Like members of a jury, students bring a range of personalities to the table. Some are attentive, and others are not. It’s the perfect time to test my ability to hold an audience’s attention, i.e., to connect.

Students aren’t the only audience whose attention I have to hold. I occasionally give presentations for various bar organizations and other groups looking to hear about personal injury law. Before each session begins, I set a goal for myself to get a certain amount of people to interact. When audience members ask questions, make comments and discuss a point of interest with their neighbors, I know I’ve piqued their interest. With public speaking engagements I unintentionally practice reaching out to members of the jury.

Speaking in lecture halls and for professional groups keeps me spry for the courtroom, but interacting with people one-on-one is just as important. I find myself learning how to hold someone’s attention with the simple act of networking.

The act of networking, in addition to being essential for business development, also keeps me in trial shape. Going to networking events and connecting, or attempting to connect, with mostly strangers, keeps me in trial shape. After all, if I can connect with other fellow networkers, I should be able to connect with jury members.

As I sat down to write this article, and considered all the parts of my life that have inadvertently assisted me in preparing for trial, I realized that writing in itself is another exercise for me. If I can relate to an audience of readers, most of whom I do not know, and hold their attention, then I have successfully engaged them.

To that judge who asked me how us civil guys get in trial shape, here’s my answer: Trying cases, teaching, public speaking, networking and writing are all natural parts of my life that I learn from and apply during trial. Take a look around at the ordinary things in your life. When you pay attention, everyday situations have extraordinary potential to keep us ready for trying cases or whatever it is that we do.

The post How To Stay in “Trial Shape” appeared first on Willens Law Offices.

On May 7, 2013, there was a story in the Chicago Sun Times entitled “Mayor wants to increase fines for reckless cyclists, motorists.”  The article discusses Mayor Emanuel’s plans to introduce an ordinance at a City Council meeting on May 9^th, 2013.  The ordinance would raise fines for motorists AND cyclists who disobey the city’s traffic laws. 

For instance, the mayor’s plan would double the fine imposed against motorists who open their doors without looking into the paths of cyclists, causing a collision.  This is referred to as “dooring.”  In Chicago, most of the reported “doorings” (250 reported last year) happen on the north and northwest side, not surprising given the amount of bike usage in those parts of town.

Additionally cyclists need to beware of their surroundings particularly around construction sites, bicycle crashes can happen anywhere. They are likely to happen more often around construction sites.

Sometimes, when someone opens up a door into the path of a cyclist, the unsuspecting bike rider is able to react in time to drive around the open door.  However, sometimes the cyclist is forced into traffic and sometimes out of a clearly marked bike lane.  The results are often just as bad as or worse than the bike rider being flipped over a door and onto the concrete. 

The City of Chicago is starting an awareness campaign to remind taxicab passengers of the need to look before they open passenger doors.  Given that there are about 7,000 taxi cabs in Chicago, hopefully the City’s efforts will prevent injuries to bicyclists and perhaps save some lives. 

Unfortunately, many automobile drivers just seem to have a pure dislike for bicyclists.  Mayor Emanuel’s decision to create a network of protected bike lanes in Chicago has simply increased tensions between cyclists and motorists.

Emanuel argues that “everyone is safer” when traffic laws are obeyed. Emanuel hopes that increased traffic fines, not only for motorists, but for cyclists as well, will improve safety.  Given that he is a cyclist himself and hopes to make Chicago the nation’s most “bike-friendly” city, hopefully his plan accomplishes increased safety for bicyclists. 

If you are injured in a bicycle accident or would like to know more regarding bicycle accident laws, contact the bicycle accident lawyers at Willens Law Offices, P.C. at 312-957-4166 or online for a free consultation.  

The post Mayor Emanuel Doubles The Fine For Dooring A Cyclist in Chicago appeared first on Willens Law Offices.

Here are the most common violations in 2012 and how they correlate with OSHA’s Fatal 4, which account for 57% of all construction site accident fatalities.

1. Fall Protection: 7,250 violations (UP from 7,139 violations in 2011). Falls are the number one cause of construction site accident death, accounting for 35% of deaths.

2. Hazard Communication: 4,696 violations (DOWN from 6,538). Deals with the handling of chemical hazards in the workplace, including communicating hazards to workers.

3. Scaffolding: 3,814 violations (DOWN from 7,069). Relates to falls.

4. Respiratory Protection: 2,371 violations (DOWN from 3,944). Deals with the standard use of respirators to protect from dust and chemical fumes. Although rarely fatal, exposure to fumes and dust is a major cause of occupational illness.

5. Ladders: 2,310 violations (DOWN from 3,244). Again relates to falls.

6. Machinery and Machine Guarding: 2,097 violations (DOWN from 2,728). Relates a leading cause of amputation and workplace fatality, caught in/between.

7. Powered Industrial Trucks: 1,993 violations (DOWN from 3,432). A major cause of “struck by object” injuries, a leading cause of workplace death.

8. Electrical Wiring Methods: 1,744 violations (DOWN from 3,584). This and all the remaining violations relate to electrocution, the second leading cause of workplace death.

9. Lockout/Tagout: 1,572 violations (DOWN from 3,639). This offense had one of the highest penalties (ranked third, after fall protection and scaffolding).

10. Electrical General Requirements: 1,332 violations (DOWN from 2863).

It’s hard to know whether the decrease in violations cited is due to increased safety or changes in inspection procedures.

If you or a loved one has suffered a workplace injury due to these violations, you may be able to get compensation either through a workers’ compensation claim or a construction site accident lawsuit.

For a free consultation about your legal rights and options, please contact Willens Law Offices in Chicago.

The post Top 10 OSHA Workplace Safety Violations in 2012 appeared first on Willens Law Offices.

I am one of those foolish people who spend about two to three hours commuting in my car from my house in the north suburbs to downtown Chicago just about every day.  Being a personal injury lawyer justifies why I drive downtown every day.  At a moment’s notice, I sometimes have to jump in my car and drive to a meeting or the many Courthouses throughout Illinois.  Based upon my own observations, it’s not just teens who are driving while distracted. 

Having represented many people over the years that have been injured as a result of distracted drivers, I have become keenly aware of other drivers on the road.  It didn’t surprise me when I learned, from the National Highway Traffic Safety Administration, that at any given moment during daylight hours, more than 800,000 vehicles are being driven by someone using a cell phone.

According to the National Safety Council, drivers of all ages, not just teens, are four times more likely to be in an accident when using a cell phone.  This number doubles, when it comes to texting while driving.  According to Human Factors and Economic Safety Research, drivers using a cell phone behind the wheel are the cause for about 2,600 deaths and 330,000 injuries in the United States each year.  Some studies compare talking on a cell phone to driving while intoxicated.  For instance, the University of Utah did a study which showed that using a cell phone while driving (whether it is hand-held or hands-free) delays a driver’s reaction time as much as having a blood alcohol level of .08 percent, the legal limit in Illinois.

When using a cell phone while driving, drivers of all ages become distracted.  Driving is serious business and doing so while using a cell phone only takes focus away from driving safely.  If you or a loved one has been injured in a car accident due to someone else’s negligence, please call Willens Law Offices at 312-957-4166 for your FREE, no-obligation consultation.  We can investigate whether or not the negligent driver was distracted and seek compensation for your injuries and damages. 

The post Chicago Personal Injury Lawyer Discusses Distracted Driving appeared first on Willens Law Offices.

• Brain injury

• Wrongful death

• Waking during a procedure causing pain and emotional trauma

• Choking or aspiration of fluid during anesthesia

These can lead to additional medical expenses, permanent disability, or the loss of a loved one.

Causes of Anesthesia Errors

Most anesthesia errors are preventable types of medical malpractice. They may be due to:

• Failure to employ an anesthetist

• Failure to monitor patient during anesthesia

• Failure to identify risk factors before anesthesia

• Improper administration, overdose, or underdose of anesthesia

• Failure to explain procedure and its risks to patients

• Mislabeling of anesthesia and related drugs or promotion for off-label uses

When this type of medical malpractice occurs, victims may be able to get compensation for injuries.

Outpatient Centers of Concern

Outpatient centers are increasingly being used for surgery and other procedures. This includes not only elective medical procedures, like cosmetic surgery, but necessary ones like orthoscopic and other endoscopic surgeries. Doctors who use outpatient centers may not employ the proper staff or have proper procedures in place to handle anesthesia-related complications.

If you or a loved one has suffered an anesthesia error, you may be able to get compensation. For a free consultation on your rights and legal options, please contact Willens Law Offices in Chicago.

The post Anesthesia Errors Resulting in Medical Malpractice Injuries appeared first on Willens Law Offices.

Employers want to reduce the number of incidents at their construction site because they affect the bottom line. Not only workers’ compensation insurance, but workplace safety violations can be costly for employers, so they prefer to keep reporting down. This is effective. One study noted that although 85% of industrial workers experienced workplace injury symptoms, only 5% made claims.

Are You Really an Independent Contractor?

One of the most common tactics employers use to reduce reporting is to classify employees as independent contractors. Then they don’t have to report incidents to OSHA or pay workers’ compensation insurance.

However, you’re not really an independent contractor if your employer controls when and how you work, limits your access to other jobs, and limits your ability to negotiate rates.

Are You Being Pressured to Not Make a Claim?

Employers also keep claims down by pressuring employees to not make a claim. They may threaten to reduce hours or not rehire for future jobs. They may deny promotions or add job duties without increased compensation.

It is illegal to pressure employees into not making a claim. If you or others are experiencing this, you need to make your claim and report retaliatory action. You can get compensation and job protection if necessary.

Not Making a Claim Is Expensive

If you do not make a workers’ compensation claim or file a construction site accident lawsuit, you will have to bear the costs of your injury alone. This may include progressive disability making you incapable of work, plus thousands of dollars in medical bills. Do not be pressured into not making a claim.

At Willens Law Offices in Chicago, we have helped many workers get compensation for their injuries. Please contact us today for a free case evaluation.

The post The Pressure to Underreport Construction Site Accidents appeared first on Willens Law Offices.

The Shifting Burden of Workplace Injury

The study, published by researchers at the University of California Davis in the Journal of Occupational and Environmental Medicine showed that, out of the total cost of workplace injuries, $250 billion, only $51.7 billion is covered by workers’ compensation. The rest of the cost is shifted elsewhere, including more than $10 billion in medical expenses paid by workers and their families. More than $14 billion in medical expenses are paid by Medicare/Medicaid—your tax dollars.

What You Can Do to Improve the System

Workers, private insurance, and your tax dollars should not be made to bear the cost of workers’ compensation. Even employers suffer when they lose productivity but can’t claim it from their workers’ compensation insurance. The primary problem is that workers fail to make claims for their injuries.

Help improve the system by:

• Filing a claim for your workplace injury or occupational illness

• Encourage coworkers to file their claims

• Stand with coworkers against intimidation that prevents claims

• Help document and report harassment associated with a workers’ compensation claim

At Willens Law Offices, we understand that many people are afraid that filing a workers’ compensation claim may affect your job and promotion prospects, but the truth is that not reporting an injury can be very expensive, too. The cost of your injury may increase, and trying to “work it off” may lead to permanent disability. Even waiting to gauge the seriousness of your injury may prevent your claim.

We stand for the rights of workers and uphold the system put in place to protect them. Please contact Willens Law Offices in Chicago today for a free consultation.

The post More Employees Should File for Workers’ Compensation appeared first on Willens Law Offices.

In Chicago, the recent death of two victims in a Lake Shore Drive wrong way driving accident reminds us of the potential tragedy that results from this type of accident. Like most wrong way driving accidents, this one is believed to be the result of DUI on the part of the wrong way driver, a police officer.

Fault in Wrong Way Driving Accidents

Fault in wrong way driving accidents can be assigned almost always to the wrong-way driver. Wrong way driving accidents are caused by:

• Drunk driving (accounts for about 60% of all wrong-way driving accidents)

• Distracted driving

• Reckless driving

• Fatigued driving

• Unfit or unlicensed driver

In all these cases, it is the wrong way driver that must be held responsible for the injuries you suffered.

We Can Fight for Your Rights

At Willens Law Offices, we have helped many car accident victims get compensation for injuries or loss of a loved one.

If you have been hurt or lost a loved one in a wrong way driving accident, we can help. Please contact Willens Law Offices today for a free initial consultation.

The post Wrong Way Driving Accidents appeared first on Willens Law Offices.

Types of Medication Errors Leading to Birth Injuries

There are many potential errors that can cause birth injuries. These include:

• Continuation of prescription during pregnancy that has fetal risk

• Administration of prescription with fetal risk during pregnancy

• Administration of prescription that interferes with nutrient uptake during pregnancy

• Failure to administer necessary prescription

• Overdose or underdose of prescription

Although relatively rare, these medication errors are potentially very serious.

Effects of Medication Errors

Medication errors can lead to serious consequences for the mother or child, including:

• Birth defects, including heart defects, brain defects, and more

• Premature birth

• Fetal distress requiring intervention

• Loss of pregnancy

In all these cases, additional care and expense is required for the child and often for the mother. In many cases, the effects are long-term or permanent.

Medication errors are too common in the US, but they are preventable. If you or your child has been the victim of a preventable medication error, you should not have to bear the costs associated with that error. At Willens Law Offices, we have helped many parents get compensation after medication errors. We want to help you.

Please contact Willens Law Offices in Chicago today for a free initial consultation about your child’s birth injury.

The post Medication Errors Leading to Birth Injuries appeared first on Willens Law Offices.