Barney & Karamanis, LLP Barney & Karamanis, LLP 2026-05-18T17:25:41Z https://www.barneykaramanis.com/feed/atom/ WordPress /wp-content/uploads/sites/1204479/2021/02/cropped-faviconexample-1-32x32.jpg On Behalf of Barney & Karamanis, LLP <![CDATA[Who pays when motorists crash while driving for Uber or Lyft?]]> https://www.barneykaramanis.com/?p=48896 2026-05-18T17:25:41Z 2026-05-18T17:25:41Z Different rules apply at different times Rideshare drivers do not have access to workers’ compensation even if they get hurt in a crash. They are independent contractors, not employees. Therefore, they likely rely on their own insurance, the other driver’s insurance or on the rideshare company’s insurance to cover their losses. The policy that applies depends in part on when the crash occurs. If the driver is offline, they may only be able to file a claim against the policy of the driver who causes a crash or their own standard car insurance policy, as the wreck didn’t occur while they were technically working or using their vehicle for commercial purposes. Crashes that occur while someone is active on the app and transporting a passenger may be eligible for compensation through the commercial insurance policies carried by Uber and Lyft. Coverage availability changes if the collision occurs during a pickup before the driver started the ride or during a drop-off after they technically ended the trip. In those cases, the commercial driver’s rideshare policy might apply. Additionally, the injured rideshare driver might be able to hold the other driver accountable for their losses. When the rideshare driver is not the party at fault, the insurance carried by the driver who caused the crash could help replace their lost income or pay to repair their vehicle. Those dealing with the aftermath of a rideshare collision often need help assessing liability and evaluating insurance options. Discussing a crash with an attorney can help those involved in rideshare collisions avoid significant financial losses.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[3 ways surgical consent forms may cover up serious medical errors]]> https://www.barneykaramanis.com/?p=48894 2026-04-30T08:17:34Z 2026-04-30T08:17:34Z now provides guidance on how to make surgical consent forms more understandable for patients. Those reviewing consent documents may want to check carefully for the presence of certain common terms that individual surgeons and modern hospitals may use to try and deny accountability for egregious acts of medical malpractice.

1. Lists of known and accepted complications

A surgical consent form may include a laundry list of potential complications and side effects, some of which are only likely in scenarios where the team performing the operation makes a major mistake. Forms may include excessive blood loss, significant tissue damage, infections and even death as known and accepted risks that the patient must acknowledge to undergo the procedure.

2. No guarantees or assurances have been made

Health care providers sometimes explain side effects and common complications to patients. Other times, they hand patients a pamphlet and tell them that the surgery is straightforward, so there's no real reason to worry about potential complications. Despite medical professionals often providing blanket assurances to coax patients into consenting to surgical procedures, the consent paperwork signed before the procedure may claim that the patient is aware that there is no implied guarantee of success or assurances regarding the outcome of the procedure.

3. Additional procedures may be deemed necessary

When major surgical errors occur, such as leaving an item behind inside a patient's body, the patient may need to undergo a revision procedure. By including a blanket statement that additional care may be required, medical facilities and professionals seek to sidestep the potential financial and legal liability that comes from committing an error that later requires a revision procedure. Overly-broad and confusing surgical consent forms may not truly protect medical professionals. Especially when they claim that side effects were not a concern or asserted that they have a perfect track record of success before the patient's operation, the misleading information that they provided and the failure to disclose the risks involved accurately could give the patient reason to take legal action. Those who were truly unaware of the potential risks involved in a surgery may not be able to provide informed consent to undergo a surgical procedure. Reviewing communication records and key paperwork with a medical malpractice attorney can help those affected by errors during operations explore if a malpractice lawsuit might be an option.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[How failure to treat sepsis in a hospital can cause brain injury]]> https://www.barneykaramanis.com/?p=48893 2026-04-13T02:08:23Z 2026-04-13T02:08:23Z Hospitals should have sepsis protocols in place Any infection can lead to sepsis, which is why everyone working at a hospital should know the early warning signs. Proper sepsis protocols help ensure accurate diagnosis and early treatment before the condition worsens. Patients need care for the symptoms of sepsis, as well as the underlying infection, often within the first hour of the condition developing. Having assessment and reporting tools available to all hospital workers can help ensure that the patient receives treatment in time before the sepsis progresses to full-blown septic shock. There are limited windows of opportunity for different interventions, making early diagnosis and treatment critical for patients with sepsis. Although symptoms present somewhat differently for each person, nurses, physicians and other care providers should be able to identify sepsis even in its earliest stages. When medical professionals overlook key warning signs or fail to communicate their concerns to others, the patient may not receive timely treatment. Their condition may worsen, resulting in brain damage and other lasting consequences. In those circumstances, another medical professional could likely have prevented that poor outcome. The failure to diagnose and treat sepsis often involves a clear deviation from best medical practices, which in turn makes it a form of medical malpractice. Patients adjusting to life with a sepsis-related brain injury or family members supporting a patient who experienced septic shock may need to consult with an attorney. Filing a medical malpractice lawsuit can compensate affected patients and their families for lost wages, increased medical expenses and other damages caused by medical negligence in a hospital.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[When road construction companies cause Chicago-area crashes]]> https://www.barneykaramanis.com/?p=48892 2026-04-12T12:01:14Z 2026-04-12T12:01:14Z Negligent work practices increase risk Drivers often fail to recognize how dangerous construction zones actually are. Hundreds of vehicle occupants every year die in crashes that occur in road work zones. In some cases, those collisions might be the result of negligence on the part of roadwork professionals rather than mistakes made by other drivers. Road construction crews have an obligation to make the work zone reasonably safe for the public. They must manage the flow of traffic carefully to limit the risk of wrecks. They must ensure the work locations are easily identified, control traffic as it approaches the road work zone and clean up debris so that it doesn’t damage vehicles or prompt drivers to swerve. Negligence on the part of roadwork crews can make them liable for crashes nearby. For example, the failure to properly mark upcoming lane sifts for approaching vehicles can lead to traffic congestion and dangerous, last-minute maneuvers from those approaching the work site. A lack of flaggers might lead to head-on collisions when road work constricts traffic to a single lane. Failing to clean up debris before it interferes with vehicles or address nighttime hazards, such as equipment left too close to active lanes of traffic or uncovered trenches, can also make road crews liable for collisions. When road construction crews fail to follow best practices, drivers who end up in collisions caused by debris or other ignored risks may have grounds for a third-party lawsuit. Reviewing what caused a motor vehicle collision with a skilled legal team can help injured parties understand their options. If road construction crews are negligent, it may be possible to hold them accountable for property damage and injury-related expenses.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[The silent but deadly epidemic of major diagnostic errors]]> https://www.barneykaramanis.com/?p=48819 2026-01-29T11:28:34Z 2026-01-29T11:28:34Z How common are diagnostic errors? According to a review of nationwide data, roughly 795,000 patients every year become permanently disabled or die because doctors fail to properly diagnose them. The number of patients who deal with diagnostic errors in general is much higher, with some research showing as many as 12 million documented diagnostic errors annually. Thousands of patients every day experience diagnostic errors that have permanent consequences. Those patients may then need support as they seek to hold doctors and hospitals accountable.

When are patients most vulnerable?

There are certain situations that may increase the risk of diagnostic errors. Seeking care at an emergency room or urgent care facility during times of high demand may increase the likelihood of medical professionals rushing through the diagnostic process and reaching the wrong conclusion. Patients experiencing certain medical conditions are more vulnerable than others. Major medical events, such as strokes and heart attacks, present differently in men and women, leading to frequent diagnostic errors when women seek emergency medical care. Cancer is also a commonly misdiagnosed medical condition. Early warning signs are similar to the symptoms of much less serious medical conditions. Delays in diagnosis can have profound implications. Doctors may also struggle to diagnose neurological conditions, autoimmune diseases, digestive issues and reproductive health conditions, such as endometriosis.

How can patients protect themselves?

Patients can reduce their risk of diagnostic errors by coming to appointments properly prepared. Establishing a thorough list of symptoms, including times and the severity of the symptoms, can be helpful. Patients also need to be ready to ask their doctors questions. Those questions may include:
  • Is there a test to validate this diagnosis?
  • Are there other conditions that could cause these symptoms?
  • Will my medical records reflect this conversation about my symptoms?
These key questions can prompt a doctor to think more carefully about the situation. They can also theoretically result in a patient's records supporting their claim of malpractice later. Patients who have experienced diagnostic errors may have grounds for a medical malpractice lawsuit. Reviewing medical records and the impact of diagnostic errors with a skilled legal team can help people hold doctors and medical facilities accountable for misdiagnosis or a failure to diagnose a patient resulting in harm.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[Chicago business incorporation: DIY or hire a lawyer?]]> https://www.barneykaramanis.com/?p=48820 2025-09-10T04:47:10Z 2025-09-10T04:47:10Z DIY incorporation: What you can do yourself Many small business owners handle basic incorporation tasks independently. These steps can save money, but must be done carefully. Common DIY tasks include:
  • File articles of organization or incorporation: Submit forms to the Illinois Secretary of State.
  • Obtain an EIN: Get a federal Employer Identification Number from the IRS.
  • Register for local business licenses: Complete the city or county permits needed to operate legally.
  • Maintain compliance: Track state and local requirements, such as annual reports and fees.
Some situations, like forming a multi-member LLC to protect assets or creating complex agreements, may be too complicated for DIY and need a lawyer’s help.

Risks and common mistakes of DIY

DIY incorporation carries risks. Choosing the wrong business type, such as a sole proprietorship instead of an LLC, can affect taxes and liability. Missing deadlines, leaving out required documents, or ignoring state rules can lead to penalties, delays, and extra costs. Even small mistakes early on can become expensive. Carefully weigh the consequences before moving forward.

When hiring a lawyer makes sense

Some situations require a lawyer. Multi-member LLCs or businesses with complex agreements need professional help. A lawyer sets up the entity correctly, drafts sound agreements, and meets compliance rules. Even on a tight budget, legal help early can prevent higher costs later.

Making the right choice for your business

Your choice to DIY or hire a lawyer will shape your business’s future. Simple single-member businesses may succeed without a lawyer. Complex or high-risk ventures benefit from professional guidance. By weighing risks, time, and costs, you can start your business on a solid foundation. A lawyer can help protect your interests and support long-term success.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[10 common mistakes people make in contract disputes]]> https://www.barneykaramanis.com/?p=48559 2025-07-18T13:33:42Z 2025-07-18T13:33:42Z Contract dispute mistakes Refrain from making these common errors when protecting your business interests:
  1. Lacking a written agreement: Oral agreements can be difficult to prove. Illinois law requires some contracts, such as those for land sales or agreements lasting over a year, to be in writing.
  2. Ignoring contract terms: People often do not fully read or understand their contract. The document outlines everyone's duties and rights.
  3. Acting without legal counsel: Making demands or taking action without a lawyer's advice often worsens the situation. A legal professional understands proper procedures.
  4. Destroying or hiding evidence: All relevant documents, emails and communications are vital. Destroying them can hurt your case and create legal problems.
  5. Delaying legal action: Waiting too long to address a dispute can mean losing rights. Statutes of limitations in Illinois set deadlines for filing lawsuits.
  6. Communicating poorly: Sending angry emails or making unrecorded phone calls can be damaging. Keep all communications professional and documented.
  7. Letting emotions control decisions: Disputes often feel personal, but focusing on facts and legal strategy yields better results. Emotional responses can hinder the ability to make smart choices.
  8. Underestimating dispute complexity: Contract disputes involve specific legal principles and procedures. People often think they can handle these matters alone.
  9. Failing to understand remedies: Parties should know what damages or actions the law allows for a breach of contract. Illinois courts offer various remedies.
  10. Settling prematurely or refusing a settlement: Some people rush into a bad settlement, while others refuse reasonable offers. Both choices can lead to greater losses.
In general, avoiding these common errors gives you a better chance of resolving a dispute favorably. You protect your business and its future when you manage these situations correctly.

Legal guidance is essential

Contract disputes rarely resolve themselves. They require informed action and precise legal understanding. Seeking legal help from an experienced attorney can protect your interests. An Illinois contract dispute lawyer can guide you through the process and advocate on your behalf.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[What should you do after your child is in a car accident?]]> https://www.barneykaramanis.com/?p=48339 2024-08-26T22:47:00Z 2024-08-26T22:47:00Z Car accidents are traumatic, especially when a child is involved. Knowing what steps to take can help protect their well-being and your legal rights. Here's what to do immediately after an accident involving your child.

Ensure safety and seek medical attention

First, check your child's condition and make sure they are safe. Even if there are no visible injuries, call 911 immediately. Illinois law requires reporting any car accident that results in injury, death, or more than $1,500 in property damage. EMTs can assess your child’s health, and you should always follow up with a visit to the doctor. Some injuries, like whiplash or internal injuries, may not be obvious right away.

Document the accident scene

While waiting for emergency responders, gather as much information as possible. Take photos of the accident scene, the vehicles involved, and any visible injuries your child may have. Collect contact information from witnesses and the other driver, including their insurance details. Illinois is an at-fault state, meaning the driver responsible for the accident is liable for damages. Proper documentation will help if you need to file a claim or lawsuit later.

Notify your insurance company

Contact your insurance company as soon as possible to report the accident. Provide them with the details and any documentation you have gathered. Illinois law requires all drivers to carry liability insurance, so the at-fault driver’s insurance should cover your child’s medical expenses. However, your insurance company can guide you on the next steps and help with the claims process.

Monitor your child's health

After the accident, continue to monitor your child’s health closely. Injuries from car accidents can sometimes manifest days or weeks later. Keep track of any new symptoms or changes in behavior and seek medical advice if anything seems off.

Consider legal assistance

Injuries from car accidents can lead to significant medical expenses and emotional trauma. If the accident was due to another driver’s negligence, consulting with a personal injury lawyer experienced in Illinois law can help ensure your child receives fair compensation. This legal support can also alleviate some of the stress during this difficult time. Taking the right steps after a car accident involving your child can ensure their safety and protect your family's rights. Addressing the situation promptly and thoroughly can make a significant difference in your child's recovery and in navigating the legal and insurance processes that follow.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[3 ways a car accident can cause a concussion]]> https://www.barneykaramanis.com/?p=48318 2024-05-20T20:55:57Z 2024-05-20T20:55:57Z 1. Head striking a surface directly During a car accident, the individual's head can collide with the steering wheel or dashboard. This sudden impact can cause the brain to shift rapidly within the skull, leading to a concussion. The force of the collision can be substantial, especially at high speeds. Such an impact can cause bruising, bleeding or swelling in the brain, resulting in a concussion, which is a form of traumatic brain injury. A side-impact collision can also cause a concussion. When a car gets hit from the side, the head can slam against the window or the side of the car. The force of a side impact can be particularly dangerous as it can severely disrupt brain function.

2. Whiplash

Whiplash occurs when the head snaps back and forth abruptly due to a sudden stop or collision. This rapid movement can cause the brain to strike the inside of the skull, leading to a concussion. Rear-end collisions often cause whiplash, where the impact forces the head to jerk forward and backward. The severity of the concussion can vary based on the force of the movement and the speed of the vehicles involved.

3. Airbag deployment

Although airbags are designed to protect passengers during a collision, their deployment can sometimes cause a concussion. When an airbag deploys, it inflates rapidly and with considerable force. If the head is too close to the airbag upon deployment, the impact can cause the brain to shift within the skull, resulting in a concussion. The force of the airbag can cause significant injury, even if it prevents more severe injuries. Those injured in car accidents may need to seek legal assistance to receive the compensation they need to cover ongoing medical bills for brain injuries such as concussions. Wearing seat belts and following safety guidelines can reduce the risk of injury. However, individuals should seek immediate medical attention if they suspect they received a concussion in an accident.]]> On Behalf of Barney & Karamanis, LLP <![CDATA[Are you required to report car accidents to police in Illinois?]]> https://www.barneykaramanis.com/?p=48315 2024-04-29T23:35:49Z 2024-04-29T23:35:49Z When to report a car accident Drivers must report an accident to the local police department, county sheriff, or Illinois state police if the accident results in bodily injury, death or property damage exceeding $1,500. If any vehicle involved is uninsured, the property damage threshold lowers to $500.

Steps to take after an accident

After ensuring all parties are safe and addressing immediate health concerns, drivers should notify the police. Collecting evidence at the scene, such as photos of the vehicles and the surrounding area, can be important for the police report and any subsequent claims.

The importance of a police report

A police report provides an official record of the accident, detailing the involved parties, witness statements and an initial assessment of fault and damages. This report is necessary for insurance claims and legal matters, helping streamline the resolution process.

Consequences of not reporting an accident

Failing to report an eligible car accident in Illinois can lead to severe penalties, including fines and the suspension of driving privileges. Moreover, without a police report, resolving insurance claims can become significantly more challenging, potentially leading to delays and disputes over fault and coverage. Illinois drivers should familiarize themselves with the specific requirements for reporting car accidents. By adhering to these laws, drivers ensure their safety and legal protection, facilitating a smoother recovery process for everyone involved.]]>