Archive for the ‘Insurance Claims’ Category

Illinois Budget Crisis: What Will Happen to Government Services and Public Safety?

January 4th, 2011 by admin

Illinois is in big financial trouble according to the financial bigwigs over on Wall Street: Moody’s Investors Service reportedly ranks Illinois as having the lowest credit rating in the country (tied with California, which we all know isn’t good news) and Moody’s also predicts things are not getting better in the near future for the state.

Meanwhile, the Illinois Legislature is hitting the ground running as it makes critical budget decisions: there is a $13 billion dollar deficit – and millions in unpaid bills and missed pension fund payments. No one can avoid the reality that there will be severe cuts in public services, but who is going to be hit? 

How will your family be impacted by the Illinois Budget Crisis?

Maybe not at all if the Illinois Governor gets his way, and the state borrows $15 billion to cover the shortfall.  If not, then California is providing an example, although severe public service cuts are being made in a number of states across the country: thousands of kids lose child care; young adults see an increase in tuition; state workers are laid off; and health care costs are slashed. 

Which means the state safeguards in place to protect Illinois citizenry may be disappearing — and with them, an increase in the risk of individuals being harmed.  For many, the harms will simply have to be handled within the family. 

Injury Lawsuits and Justice When Budgets are Slashed

However, if there is a serious personal injury or wrongful death because of scenarios like:

  • a child is on the streets instead of day care; 
  • a lack of state inspection regarding compliance with boating regulations or hazardous road conditions, or 
  • a stressed-out unemployed worker fatally crashes his vehicle into an innocent family’s minivan

this budget crisis will not close the courthouse doors on justice.

Plaintiffs’ personal injury law firms have traditionally provided legal services on a contingent basis to their clientele.  This is not going to change with the current recessionary times. 

It’s sad to predict that the loss of government services may have as an unintended consequence the serious personal injury or wrongful death of someone in the future, but it is very likely to be the reality.  At least, in these instances of personal injury lawsuits, Illinois budget cuts cannot cut justice out of our future.

Notre Dame v Declan Sullivan: The Realities of Indiana Law Today

November 9th, 2010 by admin

ESPN looked to our own Kenneth J. Allen for his expertise this week in its coverage of the tragic death of Declan Sullivan, 20, who died while on the job as a Notre Dame football videographer. Sullivan perished after falling from a scaffold while he was taping football practice. Fifty-one mile per hour (51 mph) winds have been blamed for causing Declan’s death.

Citing Kenneth J.  Allen as a “highly successful trial lawyer in Valparaiso,” ESPN provided its listeners and readers with his expertise regarding Indiana injury law: the sad truth is that the laws of Indiana favor big companies and insurance companies, not people like Declan Sullivan and his surviving loved ones.

And it’s bad. Since Sullivan died young and without a wife or kids, his worker’s compensation coverage under Indiana worker’s compensation laws comes to $7500.00. That’s it.

What about a lawsuit? The Sullivans could file against the manufacturer of the scaffold – a scissor lift – that failed. This would be a products liability case under Indiana law, not federal law. They could also sue any other company that dealt with the lift: from the leasing company, to the repair company, etc. — but as Kenneth J. Allen explained to ESPN readers, the Sullivan family would have a small likelihood of victory here.

Why? There’s a safety law that states no one is supposed to be working from scaffolds when there are high winds, unless someone in the know has okayed it as being safe, and they’ve implemented safety precautions against the winds, like a wind screen. As Kenneth Allen explained to ESPN, the claims have to deal with this legislation as well.

So, what happens? Outside of the legal system, it appears that the parties will be trying to find justice on their own. As ESPN reports, Notre Dame’s president has written an open letter, sent by email to the entire Notre Dame community on Friday, stating, “Declan Sullivan was entrusted to our care, and we failed to keep him safe. …We at Notre Dame, and ultimately I, as president, are responsible.”

Indiana law does not favor the Sullivans. However, obviously Notre Dame abides by a higher law than this — and hopefully, justice is resulting from this sad, sad situation.

Our condolences to the family and friends of Declan Sullivan – and we tip our hat to Rev. John Jenkins for writing this letter.

Car Insurance: New Study Shows Many Drivers Are Looking at Minimum Coverage to Save Money

September 16th, 2010 by admin

A new study released by the Insurance Research Council reveals that almost a third of Americans (28%) are looking at their car insurance and checking into ways to cut those premium payments.

Over half of these folks have already upped their deductibles or cut their coverage to save money, according to the IRC.   Some of them (9%) reportedly are driving around without insurance coverage because they can’t afford it.

State Law Requires Minimum Car Insurance Coverage

Illinois – 20/40/15

Which means that those living in Illinois must buy automobile insurance coverage that covers at the minimum:

  1. $20,000 in bodily injury liability for one person in an accident;
  2. $40,000 in bodily injury liability for all people injured in an accident; and
  3. $15,000 in property damage liability for one accident.

Uninsurance/underinsured motorist coverage is also required by Illinois law. This is insurance to cover the insurance policy holder’s medical expenses, pain & suffering, etc. when the accident involves a driver who was at fault and does not have insurance coverage (or doesn’t have enough).

Indiana – 25/50/10

Which means that those living in Indiana must buy automobile insurance coverage that covers at the minimum:

  1. $25,000 in bodily injury liability for one person in an accident;
  2. $50,000 in bodily injury liability for all people injured in an accident; and
  3. $10,000 in property damage liability for one accident.

Uninsurance/underinsured motorist coverage is not required by Indiana law.

If these numbers sound low to you, you’re right: they are. In serious car crashes, these policies probably will not be enough to cover medical injuries or property damage.

With the bad economy, however, it appears that more and more Americans are opting to roll the dice against having a wreck in order to save some money in their monthly budget. For some of these folk, sadly, this will prove to be a very serious mistake.

Private Company Claims Governmental Immunity from Liability in Indiana Car Crash

July 29th, 2010 by admin

Governmental immunity isn’t a new concept. It’s a longstanding legal concept that the government coffers can be protected from financial liability for an individual’s harm, as part of the overall public good. All levels of government enjoy some level of “sovereign immunity,” from tiny municipalities and school districts, to states and the federal government.

However, over in Fort Wayne, Indiana, crafty defense counsel have come up with a new twist to the immunity defense. Now, a private company – not a governmental entity, but a for-profit corporation – is claiming governmental immunity as its own.

The private company contracted to lease the Indiana Toll Road for a period of 75 years.

Specifically, ITR Concession Co. paid almost $4 billion for the rights to operate the toll road on behalf of a Spanish-Australian consortium for 75 years. Now that someone has been seriously injured in a car crash on that stretch of roadway, ITR Concession is asserting that it has governmental immunity because what it is doing is essentially “governmental functions undertaken for the public purpose.”

That’s right. Public road under a private lease to a for-profit company acting as agent for two foreign corporations, and suddenly, governmental immunity?

Can a private company operating a toll road for the profit of a foreign consortium realistically claim governmental immunity?

It might be nice to read the language of that lease between ITR Concession Co. and the State of Indiana, to see if there is language regarding assumption of the risk, etc. (It’s being reported that immunity isn’t addressed in the contract.)

Will the governmental entity from where this immunity purportedly derives be considered to be a proper party to this federal lawsuit? Will it be held that any private lease of a public property implicitly carries immunity with it? A Chicago Federal Judge will decide.

Duty to Maintain

ITR has also asserted a claim that it properly maintained the road after a storm hit back in December 2008 when the car crash occurred. “No, we didn’t breach our duty to maintain.” Now, there’s a defense for you.

New Website! PaperStreet launches KenAllenLaw.com re-design!

January 15th, 2010 by admin

PaperStreet Web Design’s development team just wrapped up the brand new re-design of KenAllenLaw.com.   The new site not only has a modern design but is using the latest web technologies, JavaScript libraries, and web standards.

Along with a new look the new site provides visitors state of the art lawyer resources in the form of videos, graphics, and a blog that is updated with the latest news and developments in the firm.