A flooded basement raises concerns about property damage and the consequences. – Credit WBFO NPR (https://tinyurl.com/s9uey5ub)
When it Rains, it Pours (into the basement)
With the start of summer, come summer rainstorms. The rain is welcome in crop fields and gardens and nourishes lawns. But when it keeps coming, harder and faster, the welcome can turn into dread. For anyone who has ever wondered when the last time they checked their sump pump, this concern is all too real: will the storm outpace my home’s ability to stay dry?
Flooding can occur in spite of all the best intention and
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Dying with Dignity
Shocking Iowa Story: Woman Alive in Body Bag
Human beings deserve to die with dignity. In the United States, most Americans die in their homes. However, according to that Reuters Health feature, it was as recent as 2017 that most Americans died in Hospitals. This change reflects a development in our values and in how we view healthcare. For expected deaths—where the person has declined in health or is receiving active medical care due to their condition—there is some control over where the person actually dies.
And after at least 30 years where most of those deaths took place…
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Corporations Avoid Responsibility
Large Corps Use Bankruptcy to Try to Escape Legal Liability for Harms
The biggest corporations in the United States did not grow so large by accident. They grew through innovation, marketing and investment. They also do everything they can to avoid responsibility for when their products injure people.
That companies strategize to minimize their litigation costs is nothing new. Their responsibility to their owners and shareholders requires that they take every measure to avoid unnecessary costs. Costs to pay lawyers or to compensate victims of negligence are considered “unnecessary” to these corporations. Recently, the news has reported on many new…
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Judges Differ, Cases Won or Lost – In Some Cases, the Cause is Simply Frost
During the winter Chicago weather, I get an increasing number of calls from people who have slipped or fallen on ice, snow, or a wet surface and have hurt themselves. Often times this happens in the context of a person going to or from work and I often get asked if this is a situation that will be covered by workers’ compensation.
Unfortunately, the answer to that question is not straightforward and can only be answered with a detailed and thorough examination of the actual facts surrounding the accident. Some of the important considerations include:- what condition caused you…
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Jim Coogan Analyzes National Legal Events
Enforcing Laws Promotes Justice
Jim Coogan joined The Ben Joravsky show this month to break down the latest coverage of various civil and criminal legal cases pending against the former President. Since the show began during the Trump Administration, Jim has been a regular guest on the show offering his unique insights into the legal system. The unusual nature of the Trump presidency and his business and personal entanglements has challenged State and Federal legal systems.
This time, Jim joins ben to review the widening investigations and explain how the law will apply to ongoing cases. There are civil lawsuits…
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Non-Disclosure Rule Change
New Law Signed to Protect Assault Victims
Non-Disclosure Agreements almost exclusively benefit the “bigger” party in transactions. Employers use them to silence employees. Companies use them to limit and restrict the spread of information by consumers. And while they can serve legitimate purposes, they can easily be abused. This is due partly to the unequal balance of power between the company requesting the NDA and the person who feels compelled to sign it.
One area where NDA’s have been caused particular harm to people is when employees are forced to agree to silence as a condition of employment, and the…
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Hair Straightener Harm
NIH Study: Hair Striaghteners Linked to Cancer Risk
Products used for hair straighteners have been linked to a cancer risk, including uterine cancer. Over the years, researchers have focused on whether the chemicals used in products for straightening hair can cause cancer. As far back as 2007, researchers at Boston University and Howard University examined the connection between relaxers and cancer. (Credit: Tameka Ellington; Yahoo! News)
Other researchers went on to examine the connection between the hair products and other types of cancer. But the biggest news came in October, 2022 when the National Institutes of Health released…
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Jim Coogan Joins Lisa Wade – Nurse Consultant
SHOULD WE TAKE THE CASE?
Jim Coogan joined Lisa to discuss the investigation and evaluation of new medical cases.
Not every case is a ‘case’
The most important step in a successful injury case is also the first step: deciding whether to move forward with the case. Our lawyers discuss this with every potential client. Whether they are calling about a work injury or a complex medical case. For Plaintiff’s lawyers, we decide whether to invest our time, talent and finances into each case. So, the first step is always the most-important. Do we open the new case? Or does…
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What Happened at Camp Lejeune?
United States Marines at Marine Corps Base Camp Lejeune Deserve Justice
Marines and their families have suffered the effects of toxic water contamination
Independence Built on Sacrifice
(July 9, 2022) – It is the time of year to celebrate America’s Independence. Americans spent time watching fireworks displays and eating barbecue with friends and family this week. We also took the opportunity to reflect with gratitude on the men and women who serve in our Armed Forces. Their commitment, dedication, and contributions secure our independence.
This year, the United States is honoring their contributions in a different way. This is because…
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How To Get Compensation for a Bicycle Accident
If you are a bicyclist injured in a collision, you are entitled to most of the same damages that you could claim in any other personal injury case. These include medical expenses, lost wages, permanent disability, pain and suffering, and bicycle repair or replacement. Collecting compensation may be a challenge, but you have several different options.
Insurance Claim
If you were a cyclist injured in a collision with an automobile, you can collect the driver’s insurance information, just as you would if you were involved in the accident as the driver of a vehicle. You could then file a claim…
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Jim Coogan Discusses Rittenhouse Trial
Trials Begin with Jury Instructions
Jim Coogan and Ben Joravsky Discuss that Kenosha Trial
Well beyond the borders of the Southeastern Wisconsin town, Americans tuned into the trial of Kyle Rittenhouse. Kenosha County had charged Mr. Rittenhouse with homicide and attempted homicide for the shooting deaths of two people and wounding another during demonstrations there in August, 2020. The case immediately captured national attention. Demonstrators descended on Kenosha in a civil rights protest.
The killings and the charges against Rittenhouse were covered extensively in national news, cable opinion news and were being live streamed. Following the jury’s verdict acquitting Rittenhouse,…
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CPAP DANGERS
PHILIPS ISSUES CLASS I RECALL
Breathing Machines from Philips Respironics May Cause Cancer
Philips Respironics machines’ foam breaks down and can cause cancer (Credit: Yated Ne’eman – https://yated.com/philips-cpap-recall-leaves-sleep-apnea-patients-in-confusion/)
According to the American Sleep Association, more than 50 Million Americans suffer from some type of sleep disorder. And more than 25 million of those are people with obstructive sleep apnea. Indeed, the CDC reports that more than 35% of American adults sleep less than seven hours per night.
With so many dealing with sleep apnea, millions of Americans have been prescribes different breathing systems to help them sleep better,…
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Defamation and Flouting the Law
Free Speech Has Limits
One of those limits is that the law protects people from false and defamatory statements.
In today’s media environment, spectacle sells. Many public actors take advantage of the shock value of bold statements, conspiratorial claims and wild accusations to get attention. That tactic definitely attracts eyeballs and ears. However, there are limits and some claims can cross the line.
In this episode, Ben & Jim discuss a recent development in an infamous defamation lawsuit brought against Alex Jones, the host of The Alex Jones Show and principal of the InfoWars media brands. The judge presiding over…
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Why We Support Labor
Nothing Gets Built Without Hard Work
We celebrate workers this Labor Day – You are the Fabric of America
At Dwyer & Coogan, our lawyers and staff believe in hard work. None of us would be where we are, in the fortunate position to work for clients we care about doing work that we believe in, without it. Each of us had opportunities to get here thanks to the sacrifices and hard work of our parents and their parents before them. The United States is a young country. In just a few decades, we built great structures and a vast…
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Who Is Responsible When Amazon Product Injures?
Dangerous Products Can Injure
Key: Determining the Responsible Party
When an injury occurs as the result of negligence, one of the first questions is: who is responsible? When a vehicle strikes a pedestrian in a crosswalk, the answer may be clear. But what if the driver was driving as part of their job? A good lawyer will dig into these questions and identify the proper parties.
But when a product fails–cutting, burning, exploding–finding the responsible party may be more difficult. In 2021, millions of Americans buy hundreds of millions of products through Amazon. It is the world’s largest online retailer.
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Medical Negligence: Diagnostic Errors
What Is A Diagnostic Error?
Medical Care Requires an Accurate Diagnosis for Treatment
Medical treatment begins with diagnosing the cause of the problem.
“Where does it Hurt?”
Studies have shown that there are over 440,000 fatal medical errors that occur each year in the United States. Often, the problem begins right from the beginning. This is because the course of proper medical care always begins with a diagnosis. Doctors and nurses must ask the right questions and make correct observations from the start before they can begin the proper treatment–indeed, good medical care requires a good diagnosis.
An example:…
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