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250K dollar wrongful death award to family of woman walking her dog

A 22-year-old woman from Naperville, Illinois, was hit and killed by a motorist as she was walking with her dog across the street. The driver had insufficient insurance. The family of Emily Driscoll was awarded $250,000 in a wrongful death lawsuit. This was the maximum amount they could have won under these circumstances. However, the funds do not compensate the family for the huge loss they have... 

GEICO v. Macedo – Auto Insurer Must Pay Plaintiff Attorney Fees

A recent decision by Florida’s 1st District Court of Appeal affirmed a trial court order requiring an auto insurer liable for a $200,000 car accident judgment to pay reasonable attorney’s fees and costs, in accordance with F.S. 768.79(6)(b).  Normally, all attorney fees for auto accident lawsuits are doled out on a contingency fee basis by the plaintiff, which means they are based on a... 

Illinois roofer fined for failing to protect workers from risk of falls

An Illinois roofing company received citations for one willful, one repeated and one serious safety violation from the Occupational Safety and Health Administration (OSHA) on April 13. The agency proposed to fine the South Elgin-based contractor $57,950. OSHA inspectors reported seeing four Apex Exteriors Inc. employees exposed to the risk of falling over 25 feet from a roof. The workers were installing... 

Insights About Today’s Family Caregivers

According to a research study from the National Alliance for Caregiving and AARP, the description of the family caregiver is changing. While the typical family caregiver is usually depicted as, on average, a 49-year-old woman who cares for a relative, caregivers in general are becoming very diverse.   The usual higher-hour caregiver, who gives unpaid care for a minimum of 21 hours per week, has been... 

1.6 Million dollars awarded in wrongful death lawsuit against group home

A jury awarded $1.6 million to the family of a woman who died of severe brain damage after falling repeatedly at her group home. The verdict is the highest in a wrongful death action in Stephenson County, Illinois. In 2012, Rebecca Ruiz, the victim’s sister, filed a wrongful death lawsuit against Willowglen Academy-Illinois Inc. and many of those who took care of her sister, Ivette Ruiz. The lawsuit... 

Reducing Brain Injuries in Children Goal of Pop Warner Nixing Kickoffs

In U.S. football, kickoff is one of the most dangerous parts of the sport, and the time at which a substantial number of brain injuries, skull fractures, facial injuries and other serious impacts occur. In an effort to combat a wellspring of negative press and declining enrollment, Pop Warner, the nation’s biggest youth football league, is doing away with kickoff – at least for its youngest... 

MEDICAID MANAGED LONG-TERM SERVICES AND SUPPORTS

by Melanie S. Kaplan, Esquire As of July 1, 2014, what was formerly known as Global Options for Long Term Care (GO) is now known as Managed Long Term Services and Supports. (MLTSS). Individuals previously receiving benefits under AIDS Community Care Alternatives Program (ACCAP), Community Resources for People with Disabilities (CRPD) and Traumatic Brain Injury (TBI) were automatically enrolled in... 

COMPARISON BETWEEN TRANSFERS TO INCOME ONLY TRUSTS AND TRANSFERS TO CHILDREN

by Thomas D. Begley, Jr., CELA The following chart compares the advantages and disadvantages of an outright transfer of assets and putting assets in an Income Only Trust.   Trusts v. Transfers Comparison Issue           Income Only Trusts      Children Look-Back 5 Years 5 Years Control None None Risk Avoidance Yes No Estate Recovery Maybe No Income Tax Parent Children Gift... 

Florida jury awards 10 million dollars in wrongful death lawsuit

A jury in a Florida wrongful death lawsuit found Domino’s Pizza liable for car accident that left a man paralyzed from the waist down and ultimately resulted in his death. After Richard Wiederhold, a Brevard County fire chief, was hit by a pizza delivery driver, he was left paralyzed, and his wife had to take care of all his personal needs. He died of his injuries 15 months later, and his wife filed... 

Heart surgeon sued for testing medical device on patient

A woman filed a medical malpractice lawsuit against her cardiac surgeon for implanting an unauthorized experimental device in her body. Maureen Obermeier sued Dr. Patrick McCarthy and Northwestern Memorial Hospital, where he is the head of cardiac surgery. Northwestern Medical Faculty Foundation was also named a defendant in the suit. McCarthy invented the Myxo Ring, a cardiovascular device used to... 
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