There is a widespread misconception about personal injury cases in Champaign County and across Illinois – that you will battle it out in the courtroom with an insurance company. The Auto accident and personal injury team at Holder Law Group has certainly had to hold defendants, and of course their insurance companies, accountable in the courtroom before, but most of the time has been able to bring cases to a resolution without going to Court. However, while you may hear the term “personal injury” and immediately think “court room,” the truth is that your case will unlikely go to court.

Despite this fact, the lawyers at Holder Law Group believe that every case needs to be prepared as if it is going to trial and that, at the end of the day, both the client and the lawyer need to be ready to go “all the way.” Insurance companies, not individuals, are responsible for paying for the damages and injuries sustained in car accidents, fall cases, and medical malpractice, and insurance companies will do everything in their power not to pay. This is why a local, Champaign-Urbana accident lawyer will be your best resource in getting compensation.

You would think it would be beneficial for an insurance company to battle their case out in court, but it really isn’t for most cases. Insurance companies want to look like the good guys and challenging an injured party in court goes against that. Still, many companies, particularly the ones that advertise on television like Allstate, Country Companies, State Farm, and GEICO, will often rather pay for lawyers then compensate people injured in car accidents or at the hands of doctors. This is why it is important to have a skilled local attorney to make jurors and insurance adjusters understand that there must be accountability. 

For insurance companies, it is easier if they try to negotiate your case down outside of court and settle if at all possible. However, this doesn’t mean you should let them talk you out of legal presentation just because you might not go inside a courtroom. Insurance adjusters know they can pull the wool over your eyes, but only if you don’t have a lawyer that knows better by your side. Even if your case probably won’t go to court, you should still be sure to get a lawyer to make sure you get a settlement that is fair for your injuries. Insurance adjusters and the corporate boards of directors are only driven by profits and will use many tricks to pay you less for your injuries.

Need help after an auto accident or personal injury case in Champaign County or Central Illinois? Have you been hurt in an accident and are considering a personal injury suit in Illinois? The process may seem straightforward enough, but make no mistake, it is not something you want to do alone. If you want to make sure you get the compensation that is fair for all your injuries, then contact us today to see what we can do for you.New Paragraph

Submit Your Case

Betsy Holder , Founder, Holder Law Group

Betsy Holder has recovered millions for her injured clients inside the courtroom and through settlement over the last decade.  With long roots in the Champaign Community, Betsy and her team of litigators have the connections and expertise needed to get you the money that you deserve.

Across Illinois and the country as a whole, product recall notices are sent to consumers with dangerous products by the manufacturers every day. Take, for example, two separate and likely situations of how a recall can impact an accident lawsuit in Champaign Illinois. The first situation involves a driver who receives a recall notice and immediately makes an appointment with the dealership to have it replaced. The second situation is a driver who gets the recall notice, and then promptly tosses it in the trash.

The next day, both drivers get into accidents as a result from the defect, but what happens? While they can recover damages from other drivers whose negligence might have been involved, can they also pursue a claim against the manufacturer under Illinois Law? These questions are difficult and underline why you need an experienced Champaign auto accident lawyer like Holder Law Group to assist your claim.

This is a tricky situation. Illinois law recognizes contributory negligence, which means if the driver was more than 50 percent responsible for the accident, they cannot be awarded damages. This will be a decision for the Jury. In this case, the first driver who made an appointment with the dealership made the effort to get the defect fixed, which shows a much lower percentage of contributory negligence. However, the second driver shows a higher percentage because they chose to ignore the recall notice and operate a dangerous car. Ultimately, both of these situations will need to be proven to the Jury which is difficult in both cases. 

If you were in an auto accident in Champaign Urbana or across Illinois, and believe your injuries are the result of a defect or from the negligence of others, contact us today. If it has been several months after the recall notice, you may not be able to pursue the manufacturer, but you may still be able to recover some damages.

At Holder Law Group, we have seen the tragic consequences of medical negligence. We believe in empowering our clients with knowledge. This post will shed light on the risks associated with off-label drug use during childbirth and what you can do if the unthinkable happens.

What is “Off-Label” Drug Use?

When the U.S. Food and Drug Administration (FDA) approves a drug, it is for a specific purpose, at a specific dosage, and for a specific patient population. This approval is based on rigorous clinical trials to prove the drug is both safe and effective for that intended use. The official information and instructions for the medication are detailed in its “label.”

“Off-label” use occurs when a doctor prescribes a medication for a condition, at a dosage, or to a patient group not covered in the drug’s approved label. While the practice is legal and sometimes beneficial in other areas of medicine, it carries significant risks, especially in the delicate environment of labor and delivery. The FDA provides clear information for patients to understand the distinction between approved and unapproved uses.

Common Off-Label Drugs in Childbirth and Their Risks

In obstetrics, certain drugs are sometimes used off-label to induce or speed up labor. While the goal may be to manage the delivery process, the potential for harm to both mother and child is substantial.

One of the most notable examples is Cytotec (generic name Misoprostol).

• Approved Use: Cytotec is an ulcer medication.
• Off-Label Use: It is used to soften the cervix and induce labor contractions.
• The Danger: The manufacturer and the FDA have issued warnings against its use in pregnant women due to a high risk of uterine hyperstimulation (excessively strong or frequent contractions), uterine rupture, amniotic fluid embolism, and severe harm or death to the baby.

Another commonly used drug is Pitocin (a synthetic form of oxytocin).

• Approved Use: Pitocin is approved to induce or augment labor in specific medical situations.
• Off-Label Danger: When used improperly or at an excessive dosage to speed up a normal labor, it can cause the same uterine hyperstimulation seen with Cytotec. This can lead to:
  • Fetal distress from lack of oxygen
  • Low heart rate in the baby
  • Uterine rupture
  • The need for an emergency C-section

Potential Consequences of Off-Label Drug Misuse

The misuse of labor-inducing drugs can lead to life-altering birth injuries. As experienced medical malpractice attorneys in Champaign-Urbana, we have handled cases involving these tragic outcomes.

Risks to the Infant:

• Cerebral Palsy
• Hypoxic-Ischemic Encephalopathy (HIE), a type of brain damage from oxygen deprivation
• Seizures
• Developmental delays
• Stillbirth

Risks to the Mother:

• Uterine rupture, which can lead to life-threatening hemorrhage
• Emergency hysterectomy, resulting in the inability to have more children
• Severe blood loss
• Death

The American College of Obstetricians and Gynecologists (ACOG) provides clinical guidance for its members, but when individual practitioners deviate from the standard of care and a patient is harmed, it can constitute medical negligence.

What To Do if You Suspect a Birth Injury

If your child suffered a birth injury and you suspect that off-label drug use or other forms of medical negligence were involved, it is crucial to act.

1. Focus on Medical Care: Your first priority is the health of your child and the mother. Seek opinions from specialists and ensure you have a clear understanding of the long-term prognosis.
2. Document Everything: Keep detailed records of all medical treatments, conversations with doctors, and timelines of events.
3. Do Not Blame Yourself: Childbirth injuries are rarely the fault of the parents. Medical professionals have a duty to inform you of the risks and obtain your informed consent.
4. Contact an Experienced Attorney: A birth injury lawyer can investigate your case, consult with medical experts, and determine if the standard of care was breached.

Holder Law Group: Your Advocates in Central Illinois

At Holder Law Group, we understand the complexities of medical malpractice law. We are dedicated to holding negligent medical professionals accountable and securing the compensation your family needs to cover a lifetime of care for an injured child.

If you believe you have a case, please contact us today for a free, confidential consultation. There is no fee unless we win your case. Let our family help yours.

After an accident, one of the first questions we hear from clients is, “How long will my injury claim take?” It’s a completely understandable question. When you’re dealing with injuries, medical bills, and time away from work, you want a clear idea of when you can expect a resolution.

As a personal injury lawyer in Champaign-Urbana, Illinois, I can tell you that the honest answer is: it depends. While some straightforward claims can be resolved in a few months, others, especially those involving serious injuries, can take a year or longer.

The reality is that any lawyer who gives you a guaranteed timeline at your first meeting is not being truthful. A fast settlement is almost always a low settlement. At Holder Law Group, our priority is not to resolve your case quickly; it’s to resolve it correctly, ensuring you receive the maximum compensation you deserve. This post will break down the phases of a personal injury claim to give you a realistic understanding of the timeline.

Key Factors That Influence Your Claim’s Timeline

Every personal injury case is unique, but the time it takes to resolve generally depends on a few critical factors.

• The Severity of Your Injuries: The most important factor is your medical treatment. A claim cannot be properly valued until you have completed your medical care or reached “Maximum Medical Improvement” (MMI). This is the point where your doctor says you are either fully healed or your condition is as good as it’s going to get.
• The Complexity of Your Case: A simple rear-end car accident with clear fault is much faster to resolve than a complex medical malpractice case that requires multiple expert witnesses.
• The At-Fault Party’s Insurance Company: Some insurance adjusters are reasonable and willing to negotiate in good faith. Others will use delay tactics, dispute every fact, and make lowball offers, which inevitably extends the timeline because it forces your attorney to fight harder.
• Whether a Lawsuit is Necessary: If the insurance company refuses to offer a fair settlement, your only option is to file a lawsuit and take the case to court. This litigation process adds significant time to your claim.

The Anatomy of a Personal Injury Claim: A Visual Timeline

We can break down most personal injury claims into four distinct phases. While the duration of each phase varies, this chart provides a general estimate of what to expect.

A Deeper Look at the Litigation Process

The longest and most unpredictable phase is litigation. Filing a lawsuit doesn’t mean your case will definitely go to trial—in fact, more than 95% of personal injury cases that are filed still settle before a verdict.

However, the litigation process is designed to be thorough, which takes time. It involves several key steps that are governed by court rules. You can learn more about the general process from the Illinois Courts’ official website.

The “discovery” stage is often the longest part of litigation. During this time, both sides exchange information and evidence. This can involve:

• Interrogatories: Written questions that the other party must answer under oath.
• Requests for Production: Requests for documents, such as medical records or internal company policies.
• Depositions: Question-and-answer sessions where lawyers question witnesses and parties under oath in front of a court reporter.

This process is crucial for building a strong case for trial and is explained well in this guide on the discovery process from the American Bar Association.

Why a Patient Approach Benefits You

Insurance companies know that injured victims are under financial pressure. Their goal is often to offer a quick, lowball settlement before you know the full extent of your injuries and damages. Accepting that offer may be tempting, but it’s a mistake that can cost you dearly.

An experienced Champaign-Urbana personal injury attorney will have the resources and patience to build your case methodically, navigate the complexities of the legal system, and fight for the full value of your claim, even if it means going to court.

If you’ve been injured and have questions about your legal rights and the claims process, contact Holder Law Group today for a free, no-obligation consultation. We will give you an honest assessment of your case and be your dedicated advocate every step of the way.

There is a general misunderstanding among many people that pregnancy and childbirth are not major occurrences in a woman’s life, and that the risks associated with both are rather benign. This could not be farther from the truth. Conventional childbirth, even with no complications, has a significant amount of risk,. and when the birth process is complicated, and a caesarian section is necessary, the risks increase even further. 

Given the complicated and inherently dangerous nature of childbirth, when doctor and nursing error occurs, the risks to both mother and child increase even further. Here are few issues to remember regarding medical negligence and birth injury. 

When is a Birth Injury the Doctor’s Fault?

​Giving birth should be a joyous time, but while many births go perfectly smooth, sometimes there are complications. Birth injuries that occur to the mother, or worse, her newborn can be traumatic and life-altering. However, something strange occurs when a birth injury happens. For some strange reason, it leaves new mothers blaming themselves. Was it something they did? Was it something they didn’t do while gestating their child? Could they have done it different or better?

The truth is that a birth injury is rarely the fault of the parent and certainly not the child. However, in order to better protect themselves, your doctors may infer that it was something you did or didn’t do. Yet, you had nine months to create that new life, and your OBGYN had nine months to figure out the risks, tell you about them, and do everything in their power to mitigate them. If your doctor did none of those things, then no matter what they tell you, they are responsible for your birth injuries.

Whether it was from negligence or pure malpractice, common birth injuries include:
​Failure to diagnose a condition that resulted in harm to the mother or child

• Failure to take action to prevent harm during long deliveries
• Failure to diagnose birth defects
• Failure to react during dangerous breech birth or umbilical cord entanglement
• Failure to modify vital signs or notice and take action during abnormal factors like respiration of blood pressure

Additionally, the causes for these errors are sometimes more difficult to identify than one would initially think. The most common medical errors that are difficult to identify in regard to childbirth cases are:

Failure to Communicate Clearly

• Failure to Follow Correct Procedures
• Equipment or Monitor Failure
• Inadequate or Unclear Healthcare Procedure
• Failure to Adequately Train Hospital Staff
• Overtired Physicians or Under-staffing

All of the above can fall into the realms of medical malpractice, but so much more can be considered as part of it as well. If you or your child suffered traumatic injury during the birthing period, contact us today to see what we can do for you.New Paragraph

We have heard the story before. A car accident happens and there is little damage to either of the vehicles. What’s more, after the accident, the driver of the car that was not at-fault declines to go to the emergency room because her or she feels okay at the time. Then, days, weeks, or even months later, the accident victim begins to develop headaches, soreness, and pain. It is called a soft tissue injury and it happens every day across Central Illinois and Champaign County. 

WHIPLASH INJURIES

Whiplash injuries can be serious injuries that are frequently caused when an automobile is struck from behind. Whiplash is a neck injury that can occur during rear-end automobile collisions, when your head suddenly moves backward and then forward. These extreme motions push your neck muscles and ligaments beyond their normal range of motion.

Common Misconception About Whiplash Injury
A common misconception about whiplash injury is that if the vehicle does not sustain damage in a low speed impact, then whiplash injury to the occupant does not occur.
In reality, low impact collisions can produce correspondingly higher dynamic loading on the occupants because the lack of crushing metal to absorb the forces results in a greater force applied to items or occupants within the vehicle
Whiplash is an injury to the cervical region of the spine when a great force causes the neck to go beyond its normal range of motion. The spinal vertebrae, ligaments, and muscles may be injured by this force, causing neck pain, headaches, neck stiffness, and/or cognitive difficulties such as dizziness or trouble concentrating. These symptoms may appear immediately or after a few days.
 
Cognitive and higher center dysfunction. In some instances, whiplash may affect the patient’s mental functioning, possibly leading to difficulties concentrating, as just one example.
 
Faulty movement patterns. It is believed that the nervous system may change the way in which it controls the coordinated function of muscles as a result of a barrage of intense pain signals from the whiplash injury.
 
Chronic pain. While often resulting in minor muscle sprains and strains that heal with time, more severe whiplash injuries may produce neck pain and other symptoms that are persistent and long-lasting (chronic).
 
Disc herniation. A whiplash accident may injure the discs between the vertebrae, lead to small tears and cause the inner core of the disc to extrude through its outer core. If the disc’s inner core comes in contact with and irritates a nearby spinal nerve root, a herniated disc occurs, with symptoms possibly including sharp, shooting pain down the arm and even neurological symptoms like numbness, tingling and muscle weakness.
 
Joint dysfunction. As a result of the whiplash, one of the joints in the spine or limbs may lose its normal resiliency and shock absorption (referred to as the joint play), possibly leading to restricted range of movement and pain.

http://www.mayoclinic.org/diseases-conditions/whiplash/basics/definition/con-20033090

Types of Injuries Common in Car and Motorcycle Accidents:

• Brain Injuries including Post-concussion Syndrome
• Chest Injures
• Spine Injuries
• Whiplash Injuries
• Arm, Leg, Shoulder, and Joint Injuries
• Soft Tissue Injuries
• Aggravation of Pre-existing Conditions

Head Injuries and Post Concussion Syndrome

Car Accidents are one of Traumatic Brain Injuries (TBI) 50,000 people die annually from TBIs, while 230,000 people are hospitalized and survive, and an estimated 80,000-90,000 people experience the onset of long-term disability as a result — currently, over 5.3 million people are living with disabilities resulting from a TBI. Post Concussive Syndrome is a type of Brain Injury resulting from a Concussion and common in automobile collisions where a driver or passenger in a vehicle or driver of a motorcycle has suffered a blow to the head.

Many TBIs are not initially diagnosed and do not result in hospitalizations.

What is a Traumatic Brain Injury (TBI)?

A TBI is an injury to the brain that results from an external force, or trauma, to the head. In other words, it’s a head injury that causes damage to the brain. The “external force” can be a direct blow to the head such as striking the steering wheel in a car accident.

Even though the skull is not penetrated or fractured, the force can cause the brain to be injured in a number of ways. Or, the “external force” can be a rapid acceleration and deceleration of the head that shakes or rotates the brain. Examples of this are whiplash in a car accident or Shaken Baby Syndrome. As the BIA definition states, the “external force” damages the tissues and cells of the brain causing temporary or permanent impairment in the cognitive, emotional and physical abilities of an individual.

Most TBIs are Closed Head Injuries (CHI), where trauma to the head sets the brain in motion inside the skull. Depending upon the degree and direction of the forces applied, the brain can be damaged in many different ways. These include surface contusions of the brain from a coup-contre coup (an initial blow followed by a rebound against the opposite side of the skull) and twisting and stretching from rotational force which damage fine structures like axons.

Obviously, not all TBIs are equally serious. They range from catastrophic to subtle. However, even subtle brain injuries can have significant, permanent, life-altering consequences for the patient. TBIs can be caused by whiplash.

COMMON Traumatic Brain Injury Symptoms: 

Physical Symptom

• muscle spasticity
• ​seizures
• double vision, blurred vision or low vision, even blindness
• loss of smell or taste
• speech impairments such as slow or slurred speech
• headaches or migraines
• fatigue, increased need for sleep, and 
• balance problems.

Cognitive Symptoms

• short-term memory loss, long-term memory loss
• slowed ability to process information
• trouble concentrating or paying attention for periods of time
• difficulty keeping up with a conversation, and other communication difficulties such as word finding problems
• spatial disorientation
• organizational problems and impaired judgment
• inability to do more than one thing at a time, and
• a lack of initiating activities, or once started, difficulty in completing tasks without reminder.

Emotional Symptoms

• increased anxiety
• depression and mood swings
• impulsive behavior
• more easily agitated, and
• egocentric behaviors, difficulty seeing how behaviors can affect others.

SEEK IMMEDIATE MEDICAL CARE IF YOU THINK YOU ARE SUFFERING FROM A BRAIN INJURY. 

The Holder Law Group, LLP understands the severity of brain injuries including Post Concussion Syndrome and the difficulty in proving them at trial or, in the alternative, getting insurance companies to accept them as substantial injuries. Appropriate medical treatment and documentation for these injuries is crucial for your case. 

Sources for this Article
 
http://www.mayoclinic.org/diseases-conditions/post-concussion-syndrome/basics/definition/con-20032705
 
http://www.webmd.com/brain/post-concussion-syndrome
 
http://www.healthline.com/health/post-concussion-syndrome#Overview1