Posted On: February 26, 2010

Illinois Supreme Court Strikes down Medical Malpractice Caps

The Illinois Supreme Court determined that a 2005 Illinois law limiting damages awards in medical malpractice cases violates the state constitution earlier this month. The law limited non-economic damages such as pain suffering and not actual damages such as present and future medical bills. The case before the high Court, LeBron v. Gottleib Memorial Hospital, involved a young girl that suffered a severe brain injury as she was delivered. The Court determined that a limit on the amount that a jury could award in such a case violated the separation of powers clause of the Illinois Constitution. The Court found that the caps violated a jury’s right to determine damages.

Such non-economic caps are legislatively created to specifically target medical malpractice claims. Interestingly, there are no caps on non-economic damages in other catastrophic injury cases such as drunk-driving car accidents. However, many do not realize that medical malpractice is the leading cause of injury in the United States accounting for about 180,000 injuries per year or three times the number of those injured by drunk drivers. The Illinois Supreme Court’s decision is a victory for those injured by hospital or doctor negligence.

The Klest Law Firm has thirty years of experience handling medical malpractice claims. To speak with an attorney regarding the Supreme Court decision or any other matter related to Illinois medical malpractice, please call our firm today.

Posted On: February 24, 2010

Arizona Bill Proposing One Year Window for Sexual Abuse Victims through Committee

The Arizona Senate Judiciary Committee has approved a bill that would give sexual abuse victims an entire lifetime to sue their abusers and also open one year window for those abused within the past 35 years. The bill, SB 1292, would allow former sexual abuse victims one year to file suit even if the time limit for filing a claim has previously run out. The measure passed through the Senate committee without dissent. The bill will now be considered by the entire Arizona Senate.

The passing of the bill was preceded by a plea from Pinal County Sheriff Paul Babeau who told legislators last week that he was a victim of childhood sexual abuse. Babeau noted the importance of providing a civil remedy for those that were harmed by sexual abuse and a means of exposing sexual predators. The acting director of the National Center for Victims of Crime agreed testifying that, “Pedophiles don’t retire. Even when the victim waits 30 years to disclose the abuse, if the perpetrator is still alive, we find them at 70 or 80 years old, in walkers and wheelchairs, continuing to molest kids.”

The one year window would offer an opportunity for many victims to finally seek justice for the harms they have suffered. Similar measures have been successful in other states in exposing sexual predators. The Klest Law Firm has almost thirty years of experience handling civil sexual abuse cases. If you have any questions regarding civil sexual abuse cases, please click here.

Posted On: February 19, 2010

Priest Accused of Sexual Abuse Gets New Judge

A Joliet, IL, priest that is currently facing allegations of predatory sexual assault, aggravated criminal sexual abuse and criminal sexual assault was assigned a new judge yesterday. The criminal case is aimed at Alejandro Flores, a 37 year old former Joliet, IL, priest. Prosecutors allege that Flores assaulted a young boy from January of 2005 until he was arrested last month. The allegations of childhood sexual abuse arise from a time in which Flores was a semarian at St. Mary’s Carmelite Church in Joliet, IL. The church was made aware of the allegations against Flores through an investigation by the West Chicago Police Department. Flores had most recently spent time as a priest in Streamwood, IL. Flores has just recovered from a suicide attempt by jumping off a church balcony after St. Charles Police were notified of the sexual abuse accusations.

The sexual abuse case against Flores has now been re-assigned to Associate Judge Jordan Gallagher. Flores’s attorney had asked that the case be re-assigned after it was placed on Judge Allen Anderson’s court call. The defense has the right to exercise a substitution of judge in any given case. Flores is next scheduled to appear in court on March 11, 2010.

The Klest Law firm has almost thirty years of experience handling civil cases involving sexual abuse. If you would like to speak with a Chicago area injury lawyer or have any questions regarding sexual abuse victims’ rights, please click here.

Posted On: February 18, 2010

Sacerdote Accused de abuso sexual obtiene nuevo juez.

Un sacerdote de Joliet, IL ha sido acusado de cuatro cargos de penal y dos cargos de agresión sexual criminal tras las denuncias que él molesto a un nino de 13 años - en una iglesia de Chicago occidental. Reverendo Alejandro Flores, un sacerdote de 37 año de edad, recientemente, al parecer, había intentado suicidarse por caída de un balcón de 20 pies desde un en la Iglesia de Santa María de carmelita en Joliet, Illinois. Flores fue encontrado inconsciente en el piso de la Iglesia el 6 de enero. Las denuncias de abuso de la infancia sexual son de cuando Flores estaba en semarian en Santa María. La iglesia se hizo consciente de las denuncias contra Flores a través de una investigación de el. La policía estaba planeando en entrevistar a Flores es mismo día en que cayó desde el balcón. El ex sacerdote fue lanzado desde el hospital directamente a la custodia de las autoridades del Condado de Kane ayer.

Cargos Formales y cargos de asalto fueron cargados contra Flores el vienes pasado. Su fianca se fijó en 1 millón de dólares. Flores va a recibir una detección para determinar si debe de estar en observacion de suicidio segun el teniente Pat Gengler . El Dijo que un intento de suicidio similar a la conducta de Flores generalmente merece atención especial.

Si han sido víctima de abuso sexual o le gustaría hablar con un abogado con más de veinte ocho años de experiencia en casos de abuso sexual, por favor oprima aquí.

Posted On: February 16, 2010

Fatal Cicero, IL, Fire Kills Seven; Cause of Fire Remains Unknown

A tragic blaze left seven people dead on Sunday morning in Cicero, IL. The Chicago fire damaged several houses located on the 3000 block of 48th Court leaving more than 20 people homeless. The fire claimed the lives of 20 year-old Byron Reed, 19 year-old Sallie Gist, and their sons Rayshawn Reed and Byron Reed. The inferno also took the lives of Gist’s brother Elijah Gist, sister Elisha Gist, and family friend Tiera Davidson. The relatives had reportedly congregated at the Cicero, IL, residence to celebrate the birthday of a family member. The building, located at 3034 48th Court, contains two two-bedroom apartments and two three-bedroom apartments

Five of the deceased, including the three children, were found in the attic of the residence according to Cicero Assistant Fire Marhall Ron Opalecky. It remains unclear whether or not anyone was living in the attic when the fire started. The total number of individuals that were in the building when the fire started is still unknown. The City of Cicero took 23 persons who were in the building and surrounding areas to a public safety facility. The town promises to investigate occupancy regulations in the coming days.

The victims of the deadly fire should pursue an investigation into the blaze as soon as possible in order to preserve evidence. An experienced Chicago injury lawyer can help investigate the fire and protect your rights.

Posted On: February 11, 2010

Three Vehicle Chicago Car Accident Leaves Six Injured

A high speed car accident on Chicago’s Eisenhower Expressway left six people injured early Thursday morning on the near West Side. The Chicago car crash occurred around 1:15 a.m. when three vehicles collided in the inbound lanes of the busy Chicago expressway near Racine Ave. According to Illinois State Police, the three car wreck was initiated when one vehicle rear-ended another. While one of the vehicles involved in the rear end collision was stopped in the expressway a third vehicle struck the back of that stopped vehicle.

The Chicago Fire Department transported five people from the scene of the accident to area treatment facilities. The victims of the Chicago car crash included two children. One of the injured was taken to John H. Stroger Hospital, two were taken to Rush University Medical Center and two went to the University of Illinois at Chicago Medical Center. A spokesman for the Chicago Fire Department did not have information regarding whether or not the injured children were taken to the hospital. None of the cars were left operational following the car crash. No traffic citation had been issued as a result of the accident as of 10:30 a.m. today according to Illinois State Police.

If you or a loved one has been the victim of a Chicago car accident, or if you would like to speak with an Illinois personal injury attorney, please click here.

Posted On: February 9, 2010

Weekend Chicago Car Accident Results in One Death

A Chicago car accident along Interstate 80 resulted in one death on Sunday night. The accident occurred about three miles east of the convergence of I-80 and I-355 in the Chicago suburb of Mokena, IL. The Chicago area car crash claimed the life of a 57 year-old University Park man. According to reports, a man driving a 2004 Chrysler vehicle was westbound on 1-80 when he lost control of his vehicle and flipped over the median wall. His vehicle landed on top of an eastbound 2000 Chevy Impala. The man driving the Impala was killed as a result of the car crash. The Illinois State Police have not released the name of the man that was killed in the accident..

The accident also involved a 2003 Honda Civic driven by a 23 year old Downers Grove man and a 1996 Chevy Tahoe operated by a 50 year old Tinley Park man. The driver of the Civic was taken to Silver Cross Hospital and the driver of the Tahoe drove himself to Palos Community Hospital. The fatal Chicago car accident is still under investigation.

Posted On: February 2, 2010

Three Killed in Northwest Chicago Car Accident

Three individuals were killed and two others were critically injured in a two-car accident on Monday night in Chicago’s Kelvyn Park neighborhood. The accident victims included a toddler. The Chicago car accident occurred at the intersection of North Cicero and West Parker avenues. According to reports, the victims were all occupants of a Honda that was struck by a Toyota. The driver of the Toyota was issued a citation for negligent driving. No other charges have been filed in the matter and police are continuing to question the driver as of this morning.

The victims of the tragic car accident were identified as 20 year-old Orlando Rodriguez and 13 month-old Joshua Molina of the 200 block of North Tripp Avenue. According to initial reports, the Toyota was travelling southbound on Cicero when it struck the Honda. The identity of the third fatality, identified as a 21 year-old man, has been withheld pending the notification of relatives. Early reports indicated that four individuals were taken to area hospitals in serious to critical condition. Molina was taken to Children’s Memorial Hospital where he was pronounced dead at 11:39 p.m. Rodriguez was taken to Advocate Illinois Masonic Medical Center where he died around 11:43 p.m. The other individuals involved in the Chicago car accident were transported to Mt. Sinai Hospital and Our Lady of Resurrection Medical Center respectively. Both of those individuals were initially listed in critical condition.

If you have any questions regarding Chicago car accidents or would otherwise like to speak with an experienced personal injury attorney, please click here.

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