Justia Lawyer Rating for David M. Barish

Achieving success in your Illinois school injury case can be accomplished in a variety of ways. It can be done by taking a case to trial and securing a favorable verdict and award of damages. It can also be achieved, however, by securing a settlement. Each of jury verdicts and settlements have their own distinct advantages. A settlement has the potential benefit of providing you with money more quickly and saving you the potential stress and time that often go with a trial. Whether a settlement does or does not make sense for you is just one of many essential legal decisions in which your case can benefit from the knowledge and experience of a skilled Chicago injury lawyer.hospital

One recent example of a school injury case that led to a successful settlement was the case of L.R., which was reported by the Belleville News Democrat. L.R. was a student with special needs who attended school in the Illinois town of Belleville, which is near St. Louis. Some of L.R.’s disabilities were physical, and, because of that, he used a “gait trainer,” which is a support device for mobility or for assisting those learning to walk. Allegedly, while the student was using the gait trainer one day, he was left unsupervised for a length of time. The lawsuit alleged that the duration of the unsupervised period was long enough for the boy to wander off his gait trainer and travel across a gymnasium and over to a flight of stairs, down which he fell, suffering injuries, according to the report.

A fall like the one L.R. suffered can have serious consequences. The victim can suffer broken bones, soft tissue injuries, and disfigurement. Especially for people with physical disabilities like L.R., these kinds of accidents can carry with them an increased risk of future injury.

Attorney General Madigan today issued guidance to address the specific impact of the U.S. Supreme Court’s recent ruling in Janus v. AFSCME Council 31, on public sector unions in Illinois and clarify the law for Illinois public bodies, school districts and other public employers. Click Here to read the full article via the Illinois Attorney General‘s website.

CTA_BusWhen you are injured in a vehicle accident, one of the key steps in the process may be finding the appropriate legal grounds to assert your case, not only against the driver, but also against the driver’s employer. Sometimes, the employer can be indirectly liable through what’s called “vicarious liability”. Other times, an employer may be liable for its own mistakes, like hiring and retaining an unsafe driver who eventually caused the accident that injured you. To learn more about your options if you’ve been hurt in a crash, talk to a skilled Chicago injury lawyer about your situation.

CBS 2 reported recently on the rash of accidents involving Chicago Transit Authority busses. In one instance, according to the report, a CTA bus driver changed lanes to get around a car, then proceeded through the intersection on a red light. The westbound bus collided with a southbound car in Humboldt Park, causing serious injuries, including a ruptured spleen, broken bones and a traumatic brain injury for the driver of the southbound car.

The driver of the southbound car received a payment of roughly $8 million. The evidence she had in her case included proof that the CTA hired the driver despite his having on his driving record citations for negligent driving, failure to obey a traffic signal, improper lane usage and five speeding violations.

UPS reached a tentative five-year contract with the Teamsters union that includes pay increases and could pave the way for Sunday delivery.

The Teamsters confirmed negotiators reached an agreement that would raise the minimum wage for….click here to read the full article via USA TODAY!

bicycleThere can be many different reasons why you are involved in a bicycle accident. Perhaps your accident was the fault of a negligent driver, a negligent property owner, or some shortcoming in your bicycle itself. Regardless of who is at fault, you need a knowledgeable Illinois bike accident lawyer fighting for you to make sure that yours is a solid case against all of those responsible for the harm you’ve suffered. If your case involves a defective bike, you may have to pursue multiple different defendants, some of whom may be based in far-off locations.

In one recent case, the plaintiff, Janet, was a woman from Illinois who intended to participate in The Register’s Great Bicycle Race Across Iowa. In preparation for the race, she took her Giant bicycle, which she purchased from an authorized Giant retailer in Illinois, to an Illinois shop (which was another authorized Giant retailer) for a tune-up and inspection.

Janet started but never finished the race across Iowa. During the event, the front fiber fork of the bicycle broke. This breakdown caused Janet to fall and suffer injuries. When you’re injured in a bicycle accident, there may be multiple different avenues for recovering the damages that you suffered. If your fall was a result of a path or route that was not properly maintained, you may be entitled to seek recovery from the owner or operator/manager of the bike path upon which you fell, as some Chicago bicyclists recently did.

Southwest flightOne recent flight departing from Chicago’s Midway Airport arrived at its destination, but not before an incident of turbulence caused flight attendants to suffer injuries. This latest example of the potential dangers that flight attendants face in the air is something that could become more common if some scientists are correct. According to reports in nature.com and CNN.com, climate change may be fueling more turbulent air and could well create a future in which these incidents of “clear-air turbulence” happen more often and occur with greater severity. Due to the requirements of their jobs, this could pose a particularly high risk for flight attendants. Whenever you’ve suffered a midair injury, it is important that you talk to an Illinois plane accident attorney right away to protect your rights.

That recent flight was a relatively short one – a Southwest Airlines flight going only to Minneapolis-St. Paul. The flight encountered unexpected turbulence at some point along the path. Although the airline did not disclose to the media which duties the cabin crew was performing when the turbulence struck, the turbulence injured three flight attendants and no passengers.

Some of these instances of unexpected severe turbulence are events known as “clear-air turbulence.” This is a type of turbulence, as a meteorologist explained in a KARE TV report on the Southwest flight, “where air is moving aloft. You can’t see it because there isn’t a cloud developing.” Clear-air turbulence is difficult for both pilots and meteorologists to identify. Without something visible or measurements they can identify, pilots often cannot anticipate clear-air turbulence until it happens. Without visible indicators like clouds, meteorologists often cannot predict it either. Meteorologists have computer models, but those only give them a general idea, according to the KARE report.

stop signIf you lose a loved one as a result of someone else’s wrongful action or inaction, it is important to understand that you only have a limited time to assert your rights through the legal system. In the circumstance of a wrongful death that is a result of an auto accident, you have either two years from the date of the accident or one year from the date of the victim’s death, whichever is later. It is very important to be keenly aware of these deadlines because a failure to comply with the statute of limitations can result in a dismissal and no compensation, regardless of how strong your evidence is. That’s one reason why it is important to contact an experienced Chicago wrongful death attorney about your situation and the options for proceeding.

The underlying accident in a recent case, as reported by theherald-news.com, was a tragic car crash in the small village of Beecher in Will County. Sean, a 25-year-old local man, was allegedly speeding. In fact, he was allegedly going more than 20 miles per hour over the 55 mph speed limit when he blew through a stop sign and slammed into an SUV carrying a pregnant mom and her three young sons. The mother and youngest son died at the scene, while the other two boys died a few days later, according to the report.

The husband and father of the victims sued the driver under the Illinois Wrongful Death Act. Under the Illinois statute, only a limited number of people can bring a wrongful death action. These include a spouse, an adult child, or a parent (if the deceased person is a minor). Since the dead people in this case were the man’s wife and his three sons, he clearly was someone legally permitted to bring a wrongful death lawsuit.

Chicago back porchOnce you decide to sue someone for your injuries, you might think that the process is fairly straightforward. File your complaint with the court clerk. Serve notice of the complaint on the person or entity you’re suing. Exchange documents and information as part of discovery. Appear for trial and present your case. The reality is, though, that there is more that goes into a civil lawsuit like a personal injury case. Sometimes, there is much more. The twists and turns of a case may be unpredictable, which is why it pays to have skilled Illinois injury counsel representing you so that you can respond to each twist or turn in a strategic way for the advancement of your case.

The case arising from Rebecca’s injury was an example of a lawsuit with multiple unexpected events. Rebecca was standing on a North Side apartment building’s rear porch when that porch collapsed beneath her. The result of the accident was massive for Rebecca. She suffered a major spinal cord injury that left her paralyzed.

Spinal injuries that cause permanent paralysis are life-altering, catastrophic events for the people who suffer them. In many cases, the injury will lead to health issues and a substantial increase in the need for ongoing medical treatment. These injuries can also cause a need for a 24/7 attendant and may also even lead to a premature death. They are often debilitating and almost always highly expensive.

water spillOnce you decide to sue someone for your injuries, you might think that the process is fairly straightforward. File your complaint with the court clerk. Serve notice of the complaint on the person or entity you’re suing. Exchange documents and information as part of discovery. Appear for trial and present your case. The reality is, though, that there is more that goes into a civil lawsuit like a personal injury case. Sometimes, there is much more. The twists and turns of a case may be unpredictable, which is why it pays to have skilled Illinois injury counsel representing you so that you can respond to each twist or turn in a strategic way for the advancement of your case.

A recent slip-and-fall case was an example of the skillful use of procedural tools. Michelle, the eventual plaintiff, visited an East St. Louis nightclub in May 2015 and, while there, slipped and fell, suffering substantial injuries. As a result of those injuries, the woman sued the shriners’ temple that owned the nightclub. Her lawsuit alleged that her slip-and-fall accident was a result of some foreign substance on the floor of the club.

Michelle’s lawsuit alleged that the temple was negligent for allowing the substance onto the floor and then not addressing it in a timely fashion. Michelle retained counsel, and an outside agent was also hired to serve notice of the lawsuit on the temple. The agent certified that he served the papers on the temple’s registered agent at the address listed with the Illinois Secretary of State.

Garbage TruckWhen you are hurt in an auto accident that was someone else’s fault, there are two general types of damages to which the law says you may be entitled. Your compensation may come from special damages, general damages, or both. Special damages include things that typically are readily capable of being calculated. This means things like your past and future lost earnings and your past and future medical expenses. General damages include compensation for which the calculation may be less black-and-white. It encompasses things like past and future pain and suffering, disability, and scarring. Even if you did not suffer broken bones or major organ damage, your case may still present evidence indicating that your damages are quite large. An experienced Chicago truck accident attorney can help you pursue all of the special and general damages to which the law says you are entitled.

The case of Katea, a Chicago area driver, which was reported in the Chicago Tribune, was an example of a circumstance that created the potential for a significant damages award and ultimately did lead to a large settlement. In mid-October 2016, Katea was driving her SUV through Skokie when she was involved in a serious accident. A garbage truck driven by a City of Evanston employee crashed into Katea’s vehicle. Police reports indicated that the eastbound garbage truck crossed a double-yellow center line and sideswiped Katea’s Honda CRV. That impact caused Katea to spin out and hit another vehicle.

Crashes involving large, heavy vehicles like garbage trucks can inflict major injuries because the impacts involved in these crashes are frequently very profound, due to the weight of the truck. According to the Tribune report, Katea’s accident was no exception. Sometimes, those serious injuries may involve major organs or broken bones. Even in an accident without any of those elements, the impact inflicted upon the injured driver can still be life-altering. Katea suffered no broken bones or major organ damage. However, she did suffer substantial nerve damage to one hand. My “hand does not work. My finger doesn’t work,” the woman stated in the report.