On April 20, 2015, Blue Bell Creameries released a voluntary recall of all of its ice cream, frozen yogurt, sherbet, and other frozen snacks in connections with a Listeria monocytogenes contamination. On April 24, 2015, another ice cream company, Jeni’s Splendid Ice Creams, also discovered the presence of listeria in their frozen ice cream products, prompting an additional recall.

If you or a loved one have purchased any of these products and have developed symptoms of listeriosis, get medical care as soon as possible and inform a doctor about eating products that may have contained listeria. Once you have been treated, contact a Chicago product liability attorney to discuss your legal rights in a free consultation.

What is listeriosis and what are its symptoms?

According to the Centers for Disease Control and Prevention (CDC), listeria is a deadly infection that is caused by eating products contaminated with Listeria monocytogene. Pregnant women, those over the age of 65, newborns, and anyone with a compromised immune system is considered to be highly at risk of developing listeriosis.  Usually showing symptoms within a few days, it can take up to two months for symptoms to appear.

Listeriosis can cause:

• Miscarriage
• Premature labor
• Stillbirth
• Fever
• Muscle aches
• Gastrointestinal distress
• Diarrhea
• Vomiting
• Stiff neck
• Confusion

Listeria is commonly found in processed meat and unpasteurized cheese and milk. It is found in soil and water and can be carried by animals or employees that do not use proper sanitation practices.

What should I do if I have purchased these products?

The CDC recommends that everyone stop eating Blue Bell and Jeni’s brand products, and retailers cease serving these products to consumers. If anyone has these products located in their freezers, they should be discarded or returned to the store they were purchased out. Many of these products have a shelf life up to two years and have been linked to items purchased from January 2010 to March 2015.

While Blue Bell and Jeni’s Ice Cream have both taken steps to shutter their doors and investigate what may have caused the unlikely listeria outbreak in their factories, it is important that they fully recognize the extent they must protect their consumers.

If you or a loved one have consumed these ice cream products and developed symptoms of listeriosis, contact the experienced attorneys at the Chicago-based Duncan Law Group. Our Chicago injury lawyers can help you take the steps to recover compensation for your medical bills and pain and suffering resulting from this illness!

When an accident occurs and insurance money or restitution is owed for
injury and damages, different states have different laws dictating how
fault is assigned. Some states have what is known as contributory negligence,
which states that if any party is found to be at least 1% at fault for
an accident, they cannot be awarded money. However, most states, Illinois
included, employs what is known as comparative negligence, which is much more forgiving when calculating fault and allowing proceeds
to be paid to parties involved.

Comparative negligence works by determining each involved party’s “percent”
of negligence in the incident in question. Then, when a sum of money is
awarded, those parties can receive the same, relative percentage of that
sum. So, for instance:

• A jury awards $10,000 in a minor accident suit
• They have found party A to be 70% at fault
• They have found party B to be only 30% at fault
• Thus, party B can collect $70,000 ($70 of the awarded money)

As you might imagine, finding different degrees of fault like this can
be particularly useful in car accidents, especially multi-car accidents,
when numerous parties could be seeking restitution.

Illinois “Modified” Comparative Negligence

In the example above, you’ll notice that party A does not receive 30%
of the awarded money. That is because, under Illinois “modified”
comparative negligence law, any party found to be more than 50% at fault
cannot receive proceeds. This is to prevent any remarkably negligent parties
from benefiting, even if others have contributed to the circumstances
that led to the accident.

While comparative negligence allows for more flexible system in awarding
money, it also requires aggressive argument and staunch representation.
If any fault can be placed with an injured party, that gives a defendant
the opportunity to assert that that percentage is higher than it actually
is. That is why that knowledgeable and skilled counsel from a Chicago
personal injury attorney is needed in these cases. At Duncan Law group,
our founding, award-winning attorney has recovered tens of millions of
dollars on behalf of his clients and is ready to bring same, unparalleled
service to you and your personal injury case.

If you’ve been hurt in a car accident, fight for the compensation you
deserve. Call us today to schedule a
free case evaluation.

As you may know, suffering a serious injury can turn your life upside down.
Not only can it result in thousands of dollars in medical bills and time
spent away from work, but it can leave you with a great deal of pain and
suffering. Fortunately, you do not have to face this difficult time alone.
If you were injured by another’s reckless, careless or otherwise negligent
actions, the legal team at Duncan Law Group stands ready to fight for
the level of financial compensation that you deserve.

Our founding attorney, Bob Duncan, has been advocating for the rights of
accident victims in Chicago for more than a decade, and he is well-equipped
to do the same for you.

We’ve Recovered Tens of Millions of Dollars for Past Clients

Over the last decade, the legal team at Duncan Law Group has helped numerous
clients to secure multi-million dollar verdicts and settlements. When
combined, our recoveries amount to tens of millions of dollars in compensation
for our clients. What makes us so successful? The Chicago personal injury lawyers
at Duncan Law Group are not afraid to stand up against the “big bad”
insurance companies at trial. While a significant number of our cases
end with a favorable settlement, we understand that not all cases can
be resolved through peaceful negotiations. Sometimes, it is necessary
to let a jury decide.

Our Legal Team Is Backed by Industry Recognition

Robert Duncan, the founding lawyer at Duncan Law Group, has been recognized
by several different organizations over the years. Not only was he named
to The National Trial Lawyers: Top 40 Under 40 in 2012 and 2013, but he
has been selected for inclusion in the
Super Lawyers®
Rising Stars℠ list for four years running. Furthermore, he is regularly invited to
lecture at law schools throughout the state. Attorney Duncan is a true
professional in every sense of the word. When you come to him for help
with your claim, you can trust that you will receive nothing short of
the dedicated counsel you deserve.
Click here to learn more about our team’s qualifications.

We Will Review Your Case at No Cost to You

At Duncan Law Group, we understand that you may be under financial strain
after suffering a serious injury. This is why we offer free case evaluations
to all potential clients. We want to ensure that you are aware of all
of your legal options from the outset of your case, so you would have
nothing to lose by contacting our firm today. When you sit down with an attorney at

our firm, you can have all of your questions
answered and all of your concerns addressed. Help is just a phone call
away, so do not hesitate to take the first step today. Call now at (312)
445-0567 to get started!

Click here to fill out a free case evaluation form online.

More than 4.5 million people are attacked by dogs in the U.S. each year—with 900,000 of these victims suffering injuries serious enough to warrant medical attention. In the time following a dog bite or animal attack, victims often experience a great deal of emotional distress and physical pain, and even financial instability. Fortunately, dog bite victims are not without legal recourse. In the state of Illinois, anyone who has been attacked by a dog has the right to seek damages in a personal injury lawsuit. For this reason, you should not hesitate to speak with Chicago dog bite lawyer at Duncan Law Group if you or your child was bitten by someone else’s dangerous pet. We can help you pursue the compensation you deserve.

Understanding the “Strict Liability” Dog Bite Laws in Illinois

In the state of Illinois, animal owners are strictly liable for their actions of their pet—whether or not it is a dog. In fact, the Animal Control Act states that an animal owner would be liable in civil damages for the full amount of the injuries that their pet has caused to another person. One of the only exceptions to this rule is that the victim must not have provoked the attack; otherwise, strict liability would apply.

Although several other states require the victim to show that the dog had violent propensities—which is typically established by showing that the dog previously attacked another person—Illinois law does not impose any such stipulation. Nor does it need to be shown that the pet owner was negligent. Strict liability means that animal owners are responsible for any injuries caused by an unprovoked attack.

In order to recover damages, you would only need to prove that:

• You were attacked or otherwise injured by a dog
• The defendant owns or exercises control over that dog
• You did not provoke the dog to bite or attack you

What if the victim was trespassing when they were attacked?

One of the only other exceptions to strict liability in a dog bite case is if the victim was attacked while trespassing on another person’s property. The Animal Control Act states that an animal owner would only be liable for damages if the victim was attacked while “peaceably conducting himself or herself in any place where he or she may lawfully be.” Animal owners are under no legal obligation to provide a safe environment for someone that has entered their property unlawfully or without permission. If they invite guests into their home, however, strict liability would still apply in the event of an attack.

Can I sue someone other than the actual dog owner?

The Animal Control Act imposes strict liability upon anyone who is responsible for the care of a dog or other animal. This may include the documented owner, a harborer or keeper. However, it may be more difficult to bring a claim against someone like the custodian of a dog, since you may need to prove that they were negligent—which is not a requirement when seeking damages from the actual owner. When you discuss your case with a personal injury attorney at Duncan Law Group, we can help you identify all possible defendants. It is our goal to ensure that all liable parties are held accountable.

How long will I have to file a personal injury lawsuit?

In the state of Illinois, all civil actions are subject to a statute of limitations. This means that you, as a dog bite victim, will only have a certain amount of time to seek damages from the owner. Most personal injury claims must be filed within two years of the date that you were injured; however, certain exceptions do apply. For this reason, you should still speak with a personal injury lawyer from the Duncan Law Group if you think that the statute of limitations has already expired. In some cases, you may be able to file a claim under the “discovery rule” even after the two-year limit has passed.

Contact Our Firm Today to Set Up a Free Consultation

If you or your child was bitten by someone else’s dangerous pet in Chicago, you have options. You deserve to be compensated for the pain and suffering that you have wrongfully endured, and we at the Duncan Law Group would like the chance to help. When you contact our office today, you can schedule a free initial consultation with one of the personal injury lawyers at the firm.

If you were recently hurt in a car crash, it is important to understand that the steps you take next could significantly impact the outcome of your claim. Some accident victims unknowingly jeopardize their chances of recovering compensation simply because they make one wrong move. For this reason, it is imperative that you seek the guidance of a Chicago accident lawyer from Duncan Law Group before making any sort of statement to the other party’s insurance company. In doing so, you can ensure that your rights will be protected from the outset of your case. Contact Duncan Law Group today to learn more!

#1: Do not ever leave the scene of a car accident.

Driving away from an accident (even a minor collision) can result in a criminal, “hit-and-run” charge. If you were involved in a car accident, stay at the scene of the collision until emergency services arrive and it is appropriate for you to leave.

#2: Do not forget to contact the police.

If you were involved in a car accident, you are legally obligated to contact law enforcement. Failing to call the police can result in a criminal charge as well.

#3: Do not say anything that could be interpreted as an admission of guilt.

One of the most common mistakes that people will make is discussing the accident with the other driver and, inadvertently, admitting guilt. Even a simple “I’m sorry” could be taken as an admission of guilt – which may serve to strengthen the other party’s case. Similarly, the other driver may try to provoke you by initiating an argument. It would be in your best interest to avoid engaging in a conversation about the accident until you have spoken to an attorney.

#4: Do not give a statement to the other party’s insurance company.

You are not required to give a statement to the other party’s insurance company. Insurance adjusters are trained negotiators, which means that they know how to manipulate you into saying things that could help their client’s case. They may contact you at home and ask you to provide a recorded statement, but it is your right to decline. You should direct them to either your lawyer or your own insurance company if they require further information.

#5: Do not delay in seeking necessary medical treatment.

Seeking medical treatment should be a top priority after a car accident – even if your injuries don’t appear to be that serious. Waiting to see a doctor could not only affect your health, but it could also have a negative impact on your personal injury claim. The insurance company may try to minimize your damages by showing that you really aren’t as injured as you have claimed to be, so it is important that you have medical documentation to substantiate your case.

#6: Do not accept an unfair settlement offer from the insurance company.

Insurance companies will employ a wide range of tactics in an effort to reduce, delay or flat-out deny your claim. For this reason, it is imperative that you let an injury attorney in Chicago handle the negotiations. The insurance company knows that you may be experiencing financial difficulties, so they will drag out your case for as long as possible in the hope that you will accept an unfair settlement offer. Do not settle without first speaking to a lawyer!

#7: Do not give up your right to hire legal representation.

One of the most important steps that you can take after an accident is to hire legal counsel. The insurance company will be anxious to settle your claim before you have the chance, but this is not something that you should forego. Statistics show that accident victims are typically able to recover three times more money when they hire an attorney – compared to those who do not – so do not wait any longer to set up a free consultation with Duncan Law Group.

At the Duncan Law Group, our Chicago burn injury attorneys most commonly see these cases in the summer. According to research, summer vacation is the top season for burn injuries – especially ones that involve children. Experts believe that school breaks are on reason for the increase in injuries. Since children aren’t at school, they’re more likely to suffer injuries at home. In fact, injuries from grills are one of the most common summer accidents in the United States.

Many of these accidents occur when young children place their hands against hot surfaces, such as cooking grills. Open fires, such as campfires, are source of danger too.

The Centers for Disease Control and Prevention (CDC) estimates that fire-related injuries are the third most common cause of at-home deaths in the United States. One study even found that – every 30 minutes – an average of one fire-related injury occurs in the U.S.

2013 Burn Injury Statistics

• Hospitals admitted 40,000 people for burn injuries this year
• 3,400 people died from fire, burn and smoke injuries in 2013
• 450,000 victim required medical attention after a burn injury

Tips to Avoid Grill & Fire Injuries

Burn injuries are preventable. This summer, take special care to protect your children from a serious burn injury by teaching them basic safety about grills, fire pits, campfires, and hot surfaces. As a rule, do not allow children near an open flame, such as a campfire or fire pit. Depending on the size of the fire, some experts recommend keeping a ten-foot perimeter around the flame.

• Remove dead grass and leaves around the fire area
• Avoid using a grill fire near bushes, trees, or foliage
• Do not start a campfire with lighter fluid or gasoline

If you or someone you love suffers a burn injury, immediately seek medical attention. You can treat minor burns at home, but moderate and severe injuries require professional medical help. Then, contact a personal injury attorney from Duncan Law Group for a free consultation to explore your legal options.

A vehicle and a freight train collided this morning on Metra’s BNSF
(Burlington Northern Santa Fe) line, causing traffic and train delays.
The accident occurred at approximately 7:22 a.m. According to news reports,
the driver of a 2004 Nissan SUV failed to stop the vehicle after railway
warnings activated. The driver exited the vehicle after she stopped it
on the tracks, shortly before the train crashed into the front of the vehicle.

No one was injured and no other vehicles sustained damage in the accident.

The vehicle was removed from the track in about an hour, and law enforcement
did not issue a citation to the driver. According to police, there is
an ongoing investigation into the incident. Although the accident didn’t
lead to any injuries, it stalled the railway’s morning schedule. Most
trains were between 20 and 60 minutes late because of the collision.

Train Accident Causes & Liability

Because of their size, weight, and passenger capacity,
train accidents can easily lead to devastating injuries. According to research, most train
accidents occur at railway crossings, and many of these incidents involve
a motor vehicle.

Train accident liability is, generally speaking, determined by the cause
of the accident. For example, a negligent train operator or railway employee
could cause the accident. Other common liable parties include:

• Motor Vehicle Drivers
• Train Traffic Controllers
• Rain Repairman / Mechanics
• Track Owners

Train Accident Lawsuits & Compensation

If you suffered a serious injury in a train accident, you have the right
to pursue financial compensation for your injuries. At Duncan Law Group,
our Chicago truck accident lawyers believe that victims of train accidents should be able to hold the
negligent party responsible for their financial and noneconomic damages.
This includes hospitalization, medical expenses, ongoing medical care,
and pain and suffering. To see what our personal injury attorneys can
do for your train accident lawsuit,
contact Duncan Law Group today.

Our Chicago mesothelioma attorneys continue to see cases on the rise, and would like to inform the public to who is commonly at risk. Asbestos particles can lead to mesothelioma (cancer in the lining of the lungs) and other serious health concerns. Mesothelioma is a lethal form of cancer usually caused by prolonged exposure to asbestos particles. However, cancer may not develop for many years after exposure to the hazardous material.

Exposure to asbestos particles does not always lead to cancer. In fact, experts believe that most people encounter asbestos at some point in their lives. People who sustain continued exposure to asbestos particle are more likely to develop serious – even lethal – complications. At-risk persons include:

• Construction Workers
• Rescue & Recovery Workers
• Maintenance Workers

People who handle maintenance or construction in older buildings are at a higher risk of exposure. Although asbestos is no longer legal in new construction, it can still be present in buildings constructed before 1989, the year that the EPA (Environmental Protection Agency) issued a final rule to ban most products
that contain asbestos. Before this time, builders used many products that contained asbestos.

Sources of Asbestos

Common sources of asbestos include:

Shingles & Roof Felt  Wall Insulation (Especially Loose)  Roof Gutters (If Cement)  Sheeting Under Decks  Pipe/ Furnace / Boiler Insulation

Gypsum Board Filling Compound  Outlets / Switches  Flooring (Vinyl, Tile, Linoleum)  Stucco & Cement  Lead-Based Paint

Before the EPA understood the serious health concerns associated with asbestos, homes were constructed with asbestos products too. These include lead-based paints, cement, flooring, tiles, and more. Although construction and maintenance workers are most likely to suffer severe exposure, families living in older homes may be at risk as well, especially young children.

According to medical professionals, infants and young children are more  likely to develop health complications associated with asbestos exposure.

Common Signs and Symptoms of Asbestos

Common signs and symptoms of asbestos over exposure are:

• Shortness of Breath
• Loss of Appetite
• Coughing Mucus
• Chest Pain / Tightness

If you believe that you or someone you love was exposed to dangerous amounts of asbestos, you may have the right to seek financial compensation for medical expenses and other losses. Mesothelioma may take many years to develop, but a skilled personal injury attorney can help you hold the negligent party responsible for your suffering. For a free, no-obligation evaluation of your case, contact our office today.

The recent “Polar Vortex” sweeping the Midwest has left authorities
concerned about increased traffic accidents and other dangerous travel
conditions.

At least three Chicago-bound trains were stalled in the subzero temperatures
plaguing the Midwest. According to
CBS Chicago, the 36-hour stint of extreme cold left nearly 500 Amtrak passengers stranded
overnight in trains in Illinois as they headed toward the Chicago area.

Two trains (from downstate Quincy and California) halted about 75 miles
outside of Aurora yesterday morning, forcing passengers to wait 14 hours
until they boarded buses in Princeton to complete the trip to Chicago.

Another train, carrying over 200 passengers, stopped in Galesburg about
150 miles outside of Chicago. These passengers were forced to take other
forms of transportation for the remainder of their trip as well.

The intense cold created problems for transportation in Chicago city limits
as well. According to news sources, Metra and CTA tracks were frozen,
leading to delays. Dozens of Metra trains were delayed for several hours
on Monday, and 26 trains were canceled for Tuesday.

Authorities are concerned about vehicle transportation too – especially
on bridges and overpasses. While some roads may appear to be free of ice,
some may be covered in hidden patches of “black ice;” slick
spots on the road that are impossible to see from a car. These dangerous
conditions can lead to spin-outs if drivers are not careful to avoid the ice.

Chicago law enforcement reports at least 60
car accidents in the Chicago area today; hundreds more were related on Monday. State
police helped at least 2,500 motorists who were left helpless along Chicago
roads after weather-related accidents.

The Chicago O’Hare International Airport suffered delays as well, leaving
passengers with nowhere to go while they waited for safe conditions to
fly. One family told
CBS Chicago that they were stuck at the airport for nearly 24 hours, after spending
two days waiting for a flight in New York.

Temperatures are expected to rise above zero this afternoon or evening.

A Chicago passenger train collided with an unmarked police car Tuesday. The incident occurred when the squad car became lodged on the railroad tracks after swerving to avoid another vehicle. The driver exited his vehicle before the collision and none of the passengers were injured.

Many train accident survivors are not this lucky. In fact, Operation Lifesaver®, an organization dedicated to rail safety education, stated that 273 people were killed in car / train accidents in 2012 alone. This estimation excludes the 946 additional injuries suffered by train and car passengers in nearly
2,000 collisions.

According to the National Highway Traffic Safety Administration (NHTSA), vehicle passengers are 20 times more likely to die in an accident that involves a train than an accident with another motor vehicle.

What makes a car / train accident so dangerous?

The size, weight, and limited maneuverability of a freight train heighten the possibility of a fatal accident. In fact, the force of a 30-car freight train hitting a passenger vehicle is equivalent to a medium-sized car hitting an aluminum can of pop.

Safety Tips to Avoid Train Accidents

• Always stay alert when crossing the tracks. Trains move faster than you think, and take the length of 18 football fields to stop.
• Never drive around a lowered gate. If the cat is malfunctioning, call a law enforcement agency.
• Remember:
  Trains are three feet wider than the tracks on both sides. Only cross the tracks if you have enough room.
• If your car stops on the tracks, exit the vehicle, move away from the tracks, and quickly move in the opposite direction that the train is traveling avoid debris.

Remember: It is never safe to stop within 15 feet of the a railroad track.

Train Accidents and Personal Injury Lawsuits in Chicago

If you were injured in an avoidable train accident and believe that someone else’s negligence is responsible for your damages, speak with a train accident attorney from Duncan Law Group. We are a full-service personal injury law firm with the skill and experience to handle complicated injury lawsuits, including train accident cases.

Injured? Know your rights –Contact a Chicago lawyer now.