Author Archive

Charles J. Gale

Charles J. Gale

B.B.A., University of Michigan School of Business; M.A.S., University of Illinois School of Business; J.D., University of Illinois School of Law; C.P.A., Illinois; Licensed to Practice Law, Illinois Licensed to Practice Law, Arizona

$200,000.00 for Dog Attack on Child

Written by Charles J. Gale. Posted in Dog Bites/Attacks

Dog attack on Child

Dog Attack on Child

A two-year old child was attacked by a pit bull while playing on the stairs in her apartment building.  The child was being supervised by her mother.  Without any warning or provocation, the dog simply attacked the child.  The mother does not know why.   The dog, a pit bull, also lived on the premises and was familiar with the child.  At the result of the dog attack, the child was scratched on the face.   The dog attack resulted in three 1 cm lacerations.  The lacerations may result in permanent scarring.  As the result of the dog attack, our office obtained a settlement in the amount of $200,000.00.

Dog attacks have unfortunately become very common.  The injuries sustained from a dog attack can be serious.  Sometimes the injuries are life-threatening.  Dog attacks that result in scars can result in substantial settlements.  Regardless of the extent of injuries, you have a right to compensation for a dog attack that is unprovoked.

In this case, we obtained a settlement in the amount of $200,000.00.  The injuries were not life threatening but they did leave small,  possibly permanent scars.  As with all scars, the location of the scar is the most important factor.  Injuries that leave scars on the face are the worst.  Even small scars on the face can result in very substantial settlements.

Dog attacks can result in injuries other than scars.  Dog bites can cause nerve damage, muscle damage, ligament damage and psychological damage.   The Dog attack injuries can be permanent.  In almost all cases, dog attack injuries will result in injuries that will result in substantial medical bills.

Sometimes dog attacks can result in injuries in the attempt to flee the dog.  You can sustain injuries even if the dog does not bite you.  Your attempt to run, flee, or escape can result in injuries.  Dog attacks that cause these injuries are also compensable.

If you or your loved ones have been involved in a dog attack, you may have the right to compensation.  If you did not provoke the dog, you almost certainly have the right to compensation.  The amount of the recovery for the dog attack will depend upon the injuries.  But because most dog attacks almost always result in injuries, the amount of the recovery can be substantial.  If you are involved in a dog attack, seek medical attention immediately.   Be sure to file a police report.  And call our office as soon as possible.

 

 

$47,000 for Personal Injury from a Trip and Fall While Exiting an Elevator

Written by Charles J. Gale. Posted in Elevator falls

Elevator Fall

Personal Injury from a Trip and Fall While Exiting an Elevator

A sixty-four year old woman sustained a personal injury from a trip and fall while exiting an elevator.  This happened in a common downtown office building.  The floor of the elevator was uneven due to a malfunction.   When the elevator door opened, our client proceeded to exit the elevator.  However, the elevator and the floor were not even.  When our client stepped out of the elevator, she tripped on the uneven floor.  This type of incident happens all too often, causing needless injuries and suffering.

In this particular case, our office was able to obtain $47,000.00 settlement.  Further, our client’s personal injury from the trip and fall while exiting an elevator was settled without the need for costly and time consuming litigation.

Personal injuries from a trip and falls while exiting an elevator can happen anytime, anywhere.  Trip and falls exiting elevators are becoming more and more common.  The cause of this is usually improper maintenance.  Almost everyone has experienced an elevator stopping an inch or two above or below the floor.  And, if you are not extremely alert, you may experience a personal injury from a trip and fall  while exiting the elevator.  If you or someone you know trips and fall  while exiting an elevator, you should know that you may have the right to collect compensation for your injuries.  Many times the elevator in question is not being properly maintained.  Worse, sometimes the building management is actually aware that the elevator is malfunctioning.   If you should sustain a personal injury from a trip and fall  while exiting an elevator, let us know so you can recover your rightful compensation.

If you sustain a personal injury from a trip and fall  while exiting an elevator, take these steps.  File an incident report with the building management immediately.  Document the cause of the trip and fall.  Go to the hospital or doctor the same day.  Take pictures of your injuries.  If possible, take pictures of the malfunctioning elevator.  And, call our office as soon as possible.  Remember, a personal injury from a trip and fall while exiting an elevator can be extremely traumatic.  Serious and long-lasting injuries can result.  And, substantial medical bills can be incurred.  Do not wait to make your claim.  If you sustain a personal injury from a trip and fall  while exiting an elevator, call us immediately.

 

 

 

$100,000 for Pedestrian Struck by Vehicle

Written by Charles J. Gale. Posted in Auto Accidents, Pedestrian-Auto

Pedestrian Struck by Vehicle While Crossing the Street

Pedestrian Struck by Vehicle While Crossing the Street

 

Our office recovered #100,000.00 for a pedestrian struck by a vehicle while crossing the street.  The  38 year old male pedestrian had the right-of way while crossing the street.  He was in the cross-walk and crossing with the walk signal.  The vehicle was traveling with a green light, making a left turn.  This type of incident happens all too often, the driver and the pedestrian both having the green light.  Needless to say, the insurance carrier denied all liability and refused to pay.  Suit was filed.

Even in simple cases like this, the insurance carrier will try to blame the pedestrian.  After all, the vehicle had the green light.  Didn’t the pedestrian see the left turning vehicle?  Was the pedestrian running?  Was his vision obscured?  Was his attention distracted?  Did he enter the street without having enough time to cross?

Pedestrians struck by vehicles can expect the insurance carrier to dispute liability.  And, even if successful, the insurance carrier will try to minimize the injuries.  After all, there were no broken bones, no cuts, no bleeding, no stitches and no concussion.   All x-rays were normal.

Actually, there were injuries, serious injuries that x-rays will not show.  In this case, the pedestrian sustained torn ligaments to his knee.  This will not show up on x-ray.  After extensive litigation, we were able to recover $100,000.00 for the pedestrian who “was at fault” and “sustained no injuries.”

If you or a loved one are the victim of an auto/pedestrian incident, call the Law Offices of Charles J. Gale for a free consultation.  If we do not recover, there is no charge.

 

 

$60,000 For Foot Injury On Property Owned By Another

Written by Charles J. Gale. Posted in Foot and Ankle Injuries, Premises Liability

foot-&-ankle-injuries-web

Our office recovered $60,000 for Foot Injury Caused on Property Owned by Another. A 29 year old male sustained a degloving injury to his right big toe. The accident took place when an old fashioned concrete incinerator collapsed from age and fell on his right foot. The concrete slab that fell on his foot was heavy enough to cause a degloving of the right toe, partially exposing the bone.

Naturally, the insurance carrier denied all liability for the incident. What did the property owner do wrong? Why didn’t our client notice the obvious worn and dangerous condition of the incinerator? What caused the incinerator to fall in the first place? Since our client was there when it fell, he must have done something to cause it to fall. Our office filed suit against the property owner.

Most lay individuals assume that a property owner is automatically liable for injuries sustained on their property. This is not the law in Illinois. In fact, this is not the law anywhere. Property owners only have the legal duty to exercise ordinary and reasonable care to see that the premises are safe for their intended use. If the property owner did not violate this standard of care, he is generally not liable for your injuries.

And, even if the property owner did not exercise reasonable care, he may still not be liable for injuries sustained if the hazard was open and obvious. That is, the property owner is allowed to expect that the individual on his property will discover and avoid open and obvious dangers. The law expects the individual to be responsible for his own safety.

If the property owner claims and proves that he exercised ordinary care, another possibility exists to prove liability. That is, the property owner can be held liable for injuries sustained on his property if he either knew of the dangerous condition or should have known of the dangerous condition, or that he created the condition.

Assuming all of the above obstacles to recovery are met, the injured party still has to prove the nature and extent of his injuries, and that the injuries were caused by the defect.

During litigation, our office proved that the incinerator was in fact old and obsolete, and full of full thickness cracks throughout. We were able to prove that the incinerator was improperly maintained and improperly installed. In short, we were able to prove that the property owner in fact did not exercise ordinary and reasonable care to see that the premises were safe for their intended use. Furthermore, we were able to prove that the property owner was well aware of the dangerous condition, or if not actually aware, that he should have been aware.

If you or your loved one is injured on someone else’s property, and you feel that the cause of your injury was an unsafe condition, contact the Law Offices of Charles J. Gale.

$47,500 For Woman Injured Walking On Uneven Grounds At The Cemetery

Written by Charles J. Gale. Posted in Cemetery, Premises Liability, Slip and Falls, Trip and Falls, Uncategorized

Cemetery-2-web

 

Our office recovered $47,500 for a woman injured walking on uneven grounds at the cemetery.

 

Our client, a 50 year old woman injured walking on uneven grounds at the cemetery visiting her loved one, stepped into a hole at the cemetery and injured her right foot.  The general rule is the owner of cemetery has a duty to exercise reasonable care to see that the premises are safe for their use, namely, walking.  This duty includes the responsibility to discover defects and dangerous conditions on the property.  This duty also includes the obligation to correct the defects or to give sufficient warning of the defects.

 

There are however exceptions to the responsibility of the cemetery owner to correct defects, such as holes in the ground.  Specifically, the cemetery does not have to warn of dangers that are “open and obvious.”  This means that if while walking on uneven grounds at the cemetery the hole in the ground was clearly visible, (i.e. “open and obvious”), then the cemetery will argue that it was not responsible for the resulting injury.

 

As with all legal doctrines, there are exceptions to the general rule and then exceptions to the exceptions.  And so, there is an exception to the rule of no liability for “open and obvious” conditions.  Specifically, the cemetery will still be held liable for injuries sustained while walking on uneven grounds at the cemetery even though the hole was open and obvious if it was foreseeable that the visitor’s attention would be distracted and that the visitor would not discover the dangerous condition.  Naturally, reasonable people will disagree as to what is “open and obvious” as well as to whether a reasonable person would be “distracted” and fail to appreciate the danger.

 

If you are injured while walking on uneven grounds at the cemetery in the cemetery, the insurance company will almost certainly try to put the blame on you. That is, they will argue that you were not looking where you were going and that the defect was “open and obvious.”  If you had been looking where you were going, you would have seen the defect. Or, they will argue that you in fact did see where you were going and saw the defect but choose to ignore the risk.  Since you saw the defect prior to your injury, it is your fault. Either way, the insurance company will try to blame you for your injury.

 

If you are injured while walking on uneven grounds at the cemetery, there are certain things you should do.  First, get the names and addresses of all witnesses to the incident. The property owner or its employees cannot be counted on to be your witness.  Second, give notice of the incident and your injury to the cemetery before you leave the grounds. Make sure a written report of the incident is made. It is crucial that the written report identifies exactly what your injury. Obtain a copy of that report.  Third, you will need to seek immediate medical treatment for your injuries from the incident. With the help of your doctor you should identify all affected areas of your body, regardless of how minor they may seem at the time. Many injuries and side effects don’t manifest themselves fully until days or weeks later and they may be more debilitating than you first assumed.  Fourth, get a camera and take pictures of the scene, focusing on what caused your injury. This of course may not be possible in every instance.  Finally, call an attorney immediately.

 

If you need help, call LAW OFFICES OF CHARLES J. GALE, PC. We have the capabilities and know-how to prosecute your claim. Don’t hesitate to call us today. There is no fee unless and until we successfully reach a settlement and there is a recovery. Our consultations are also free and are only a short phone call away. Let us help you; all you have to do is dial (312) 372-0300 now!

 

$100,466.00 For Construction Worker Injured At Construction Site

Written by Charles J. Gale. Posted in Construction Site, Work Injuries

construction workers on steel beam

 

Our office recovered $100,466.00 For Construction Worker Injured at Construction Site when a concrete frame support fell, striking the employee and injuring the employee’s lower back.

Injuries at work are all too common.  In this case, the employee, a construction supervisor, was simply viewing the work site when, with no warning or notice, the frame support fell and landed on the employees back.  The employee sustained a severe back strain/sprain.

The employer did not contest the incident or the fact that the incident was work related.  As a result, the employee received his weekly benefits, two-thirds of his salary. In addition, the employee received full medical coverage and payment for all of his medical bills.  In fact, for most workers compensation claims, the employer does not contest the payment of the workers wage benefits or the payment of the medical bills.  But this is not to say that the employer agrees with the nature of the injury, the extent of the injury, the permanency or lack of permanency of the injury, the need for future medical care, the ability of the employee to return to work at his prior position and duties and when or if the employee can return to work full duty.

In this case, our office was able to obtain $100,466.00 For Construction Worker Injured at Construction Site for a  back sprain.  There was no surgery.  In fact, surgery was not even recommended.

In the overwhelming majority of the cases, a simple un-operative back sprain is not a large claim.  The argument is simple.  If the injury was severe, there would have been surgery.  But in this case, we were able to prove that the injury was severe.  So severe that the employee, despite having a simple back sprain, would not be able to return to his prior position.  We were able to prove that the employee would not be able to perform his prior duties.  Because of this, we were able to recover a large settlement for the employee.

If you have been injured at work, and you did not have surgery, you may still have the right to a large compensatory claim.  Our office has recovered many large awards for workers injured at work with no surgery and no recommendation of surgery.  If you believe you have sustained a serious injury, call the Law Firm of Charles J. Gale, P.C.

 

$450,000 for Personal Injuries from an Apartment Fire

Written by Charles J. Gale. Posted in Fire Injuries

Personal Injuries from an Apartment Fire

Personal Injuries from an Apartment Fire

 

Our client received a settlement of $450,000.00 for personal injuries from an apartment fire.  The cause of the apartment fire was in dispute.  In addition, the origin of the aparment fire was in dispute.  This is not unusual for many fires, in this case, a fire that eventually involved many units.  That is, many times no one knows with reasonable certainty how or where the fire started.  There can be many causes for an apartment fire.  There could be old and faulty electrical wiring that causes an overload.  There could also be human error in the kitchen while cooking.  Many times, the fire may have started when everyone was sleeping.   Whatever the cause of the fire, the occupants of the building need to be warned so that they can protect themselves.  The warning device for apartment building fires are smoke detectors.  In this case, there was evidence that the smoke detectors were not operating properly.  This was enough to prove liability of the building owner and/or management company for the personal injuries from an apartment fire.

Most local jurisdictions require smoke detectors inside the individual units and in the common hallways of all apartment buildings.  The reason for the smoke detectors is obvious.  To prevent needless personal injuries from an apartment fire.  The landlord has the responsibility to make sure the smoke detectors are in working order when the unit is leased.   The tenant has the responsibility to change and maintain the batteries after the first year.  The landlord has the further responsibility to make sure the hallway smoke detectors are functioning at all times.  If they are not, the landlord can be liable for the personal injuries sustained from an apartment fire.  This is true even if the fire began in the tenants own unit.

Because fires can destroy almost all of the evidence necessary to prove your case, it is necessary that an attorney be retained immediately after an apartment fire.  Witnesses to the fire will need to be interviewed.  Did they hear the smoke detectors?  Did the fire department personnel hear the smoke detectors?  Did the witnesses see the origin of the fire?  Where was the location?  Were there electrical issues with the building?  Was power frequently going out months prior to the fire?

Our office has experience in dealing with personal injuries from an apartment fire and related issues.  If you are involved in a fire and have sustained personal injuries from an apartment fire, call Charles J. Gale, P.C.  Our phone number (312) 372-0300.

 

 

$300,000 for Nursing Home Negligence of Dialysis Patient

Written by Charles J. Gale. Posted in Dialysis Patient, Nursing Home Abuse, Nursing Home Negligence

 

Nursing Home Negligence of Dialysis Patient

Nursing Home Negligence of Dialysis Patient

 

The estate of an eighty year old nursing home resident received $300,000.00 for nursing home negligence of dialysis patient.  The resident died due to nursing home negligence from a fistula bleed.

Many nursing home patients have kidney disorders that require scheduled dialysis treatments.  Frequently, these dialysis treatments are performed outside the nursing home by another facility.  The outside facility is responsible for the dialysis being performed correctly.  Upon return to the nursing home, the fistula needs to be monitored for blood flow and clotting and observed for redness, swelling or pain.  This monitoring needs to be done twice daily and documented.

In this particular case, the resident was found in bed, in a pool of blood.  The resident had simply bled to death.  The nursing home had failed to monitor the condition of the A-V fistula.  If they had, they would have discovered the blood clot and hemorrhage due to erosion of A-V fistula site.  Nursing home negligence of dialysis patient is a common occurrence for residents with a long history of being on dialysis.

Naturally, the nursing home will blame the kidney dialysis center for the defective A-V fistula.  They will argue that the nursing home does not provide dialysis treatment but simply arranges for the transportation to/from the dialysis center.  Further, since the cause of death was due to blood clotting, a condition they did not create, they should not be liable.

This of course is not the law.  In fact, the nursing home is responsible for the twice daily monitoring of the A-V fistula site.  If the A-V fistula had been monitored properly, the conditions leading to the blood clot would have been discovered and the resident would not have died.  Nursing home negligence of dialysis patient is all too common.

The nursing home will then point out the advanced age of the resident, the relatively short life expectancy of the resident, the quality of life of the resident, and the lack of a living spouse or close relative.  They will, is short, do everything they can to defeat your claim.

If you have a loved one who resides in a nursing home and you suspect nursing negligence or abuse, call our office for a free consultation.  There is no fee at any time unless we recover compensation for your family.

 

 

$475,000 for Nursing Home Abuse Resulting in Wrongful Death

Written by Charles J. Gale. Posted in Nursing Home Abuse, Wrongful Death

Nursing Home Abuse Resulting in Wrongful Death

Nursing Home Abuse Resulting in Wrongful Death

 

Our office successfully recovered $475,000 for nursing home abuse that resulted in the wrongful death of a seventy-seven year old nursing home resident.  The facts of the case are tragic.  In this case, the resident was beaten to death by his room-mate.

The nursing home naturally denied all responsibility for the acts of the assaulting resident.  But our office was able to prove that the nursing home was not only complicit, but that they themselves were guilty of nursing home abuse that resulted in the wrongful death of our client.

An investigation in the facts of the occurrence revealed that the room-mate was mentally deranged.  This fact was known to the nursing home (and hidden from us).   The mentally deranged room-mate was potentially dangerous and belonged in a psych ward.  The room-mate was twenty years younger than the resident.  The pairing of a seventy-seven year old individual with a room-mate twenty years younger was questionable and in this case highly inappropriate.  With these facts, and others,  we were able to prove that the nursing home was responsible for the death of our client.

Nursing home residents suffer abuse in many different ways.  Most of the time, the neglect is hidden.  Rarely is the abuse obvious.  The resident many times will not be able to tell you of the abuse.  Or, the nursing home employees will deny the abuse.  The nursing home records will always show excellent care provided to the resident.  However, the resident will show signs of abuse through the deterioration of his health and possibly, eventual death.  The resident may not be getting his medication.  The resident may not be fed properly.  The resident might not be supervised properly.

Nursing home malpractice most of the time only becomes apparent indirectly.  Nursing Home malpractice has many tell-tale signs.   Those signs are an increasingly unhealthy resident.  The resident will show malnutrition, infections, dehydration, unexplained injuries, pressure ulcers, rapid weight loss, falls and fractures, abrupt changes in behavior.  This list goes on and on.

Once you begin to suspect malpractice, you must now prove it.  Suspecting there is nursing home malpractice and proving it are two entirely different concepts.  The medical records will show excellent care provided to the resident.  The records will show faithful and timely bed turning, adherence to scrupulous medication schedules, excellent feeding and nutrition, constant supervision, and appropriate and attentive care.  The nursing home will provide other reasons for the decline in the health of the resident.  The resident has prior medical conditions.  The resident is old.  The resident refuses to eat.  The resident is uncooperative.  The resident was not careful.  The list goes on and on.

If you believe your loved one may be a victim of nursing home malpractice, call our office immediately.  Charles J. Gale has over thirty years of experience in prosecuting claims of nursing home malpractice.   Call (312) 372-0300.  There is no fee for the consultation.  There is no fee at all unless we win and we recover.

$1,000,000.00 SETTLEMENT FOR FAILURE TO OBTAIN PARENTAL CONSENT FOR BIRTH CONTROL PILLS

Written by Charles J. Gale. Posted in Lack of Parental Consent, Medical Malpractice

Parental Consent for Birth Control Pills
Parental Consent for Birth Control Pills

Parental Consent for Birth Control Pills

 

RECENT SETTLEMENTSPARENTAL CONSENT FOR BIRTH CONTROL PILLS

We just recently settled another case for $1,000,000.00 involving the need for parental consent for birth control pills.  Briefly, our clients’ 17 year old daughter died from the side effects of taking birth control pills.  The claim was not against the physician, but against the school who gave the pills to our clients’ daughter.  The birth control pills were provided by the daughters’ high school without the mother’s parental consent or knowledge.  The mother had no idea her daughter was taking birth control pills.   The daughter had a medical history that the school was not aware of, nor did they make any attempt to discover.  Later, our clients’ daughter started having side effects from the birth control pills.  The mother, not knowing that her daughter was on birth control pills, thought nothing of what appeared to be a simple illness.  But, to a person on birth control pills, the symptoms were a sign of serious danger, especially to a person with her daughters’ medical history.  In this case, what appeared to be harmless side-effects, turned out to be fatal.   The school never wanted to admit fault or liability for providing birth control pills without parental consent.  This required us to file suit against the school and litigate the case until we were successful.

 

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Law Offices of Charles J. Gale, PC
14007 South Bell Road, Suite #254
Homer Glen, Illinois 60491

(630) 243-6409