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Injury Cases

Although they are very hard cases, we have had tremendous success over the last 17 years with Illinois medical malpractice lawsuits. To win these cases you must show that the doctor was negligent. As it costs a ton of money to pursue these cases (on average it’s around $100,000.00 to go to trial in expenses) you also need big damages to make it worth pursuing.

A caller to my office thought she had a great case. She went through a surgery where her bladder was cut.  When she woke and found out what happened the doctor apologized profusely to her and said that it was his fault.

So in her mind this was a slam dunk and I get why she feels that way.  The doctor said he screwed up so he’s in the wrong, correct? Unfortunately this is wrong for two reasons.

First, even if a doctor says sorry, if the error is considered an acceptable risk of a surgery then it’s not negligence.  In this case, when you have a hysterectomy, it’s a risk that the doctor could nick your bladder.  If that happens and it’s caught in a timely manner it’s not negligence in most cases.

Second, as part of their risk management practices, insurance companies have been advising doctors to apologize to patients who get injured under their care.  It’s a strategy done to prevent you from looking for a lawyer.  Essentially insurance companies want you to feel that the doctor is a good person who just made a mistake and not sue them as a result even if they hurt you really badly.  So if push came to shove and this went to trial, a doctor could simply say that they only apologized because the insurance company recommended it.

Does this sound fishy?  Welcome to the world of dealing with insurance companies.  They’ll do whatever they can not to compensate you with money you are entitled to.

None of this is to say that a doctor apologizing is a bad thing.  I’ve actually seen doctors admit they messed up and encourage their patients to get a lawyer.  But in general, while the apology can be helpful, it doesn’t guarantee anything.

Bottom line is that if a doctor apologizes you should write down what they said to you and definitely call an attorney right away, but it’s not a slam dunk win. It’s just a potential piece of the puzzle.

If you’d like to speak to a lawyer for free about a potential malpractice lawsuit, call us any time at (800) 517-1614.

We are experienced Chicago based injury attorneys for cases throughout Illinois. If you would like a free consultation, please call us at (312) 346-5320.

As an expecting parent, you have so much hope for your unborn son or daughter.  It’s a terrible shock when they are injured at birth.  If it’s possibly due to negligence from the doctor or hospital, it’s important that you know what to look for.  We put together a list of things you should know.

– There are all sorts of birth injuries that we see.  The most common is when they keep the baby inside the mother too long.  This can result in a brain injury.

– To determine if there is a brain injury, we look at the cord gas (blood taken from the umbilical cord).

– In most brain injury birth cases, the child will have a seizure and abnormal MRI within the first 48 hours after delivery.

– It’s typical, when a brain injury is suspected, for the doctors to apply a cooling process as this can potentially reverse or limit brain damage.

– When a baby shows distress through the fetal monitoring system they should be removed from the mother within 30 minutes.

– Another big warning sign is when the baby’s heartbeat drops after a contraction. Typically being squeezed would raise the heartbeat.

– The other big birth related injury is to the arm and shoulder.  Brachial plexus and Erb’s Palsy are the two most common ones, usually from the child being too big for the birth canal or the doctor making an error while pulling the baby out.  If the baby has a permanent injury it could be worth filing a lawsuit.  Shoulder dystocia happens when a baby’s head gets trapped behind the mother’s pelvis during delivery.  It can lead to terrible outcomes including difficulties when breathing, a collarbone fracture, cerebral palsy, a brachial plexus fracture, and in some instances, death.

– The time limit to sue for most birth injury cases is eight years from the delivery.  Note if you treated at a Government run hospital, the time limit could be as little as one year.  And if your pediatrician is employed by a Federally funded clinic, the time limit to sue is no more than two years from delivery and must be done under the Federal Tort Claims Act. So even if you delivered at a hospital like Rush or Northwestern, if the doctor is actually an employee of the Federally funded clinic, the time limit to sue them is only two years.

– In most cases you have to wait a couple of years to see what the ultimate outcome of the baby is before proceeding with a lawsuit because otherwise you can’t fully assess their damages and the case value.  In other words, don’t be stressed if your case is taking many years.

– The most important point you should know is that there are really only a handful of attorneys who have a great track record of success with these cases.  In a case with a really serious injury, the right law firm isn’t only the difference between winning and losing, but it can also be the difference of many millions of dollars.

If you want to discuss your case and/or find out who the best law firm is for you, call us for a free consultation.  We will give honest, blunt advice and recommend a firm with an incredible track record.  This doesn’t guarantee a win, but gives you the best chance at a good result.

 

Rehabilitation centers can be integral to the treatment and rehabilitation of a patient suffering from functional limitations or loss resulting from a stroke, injury, disability, disease or recent surgery. While rehabilitation centers may help you to improve your body’s functions, a recent government study found they sometimes can go wrong and even make things worse.

The office of the inspector general of the U.S Department of Health and Human Services published a report in 2016 stating that 29 percent of patients in a rehabilitation center sustained an injury or other type of harm because of the care received leading to prolonged stays, hospital transfers, life-sustaining interventions or death. The study found 46 percent of these cases were likely to be preventable.

The injuries following rehab care identified in the study ranged in severity. From a temporary injury to something that required a longer stay at the facility or that led to permanent disability or death.
Harm can occur in any type of an inpatient setting, but rehabilitation facilities are underestimated in terms of what type of harm can occur. Some of the most common injuries from rehabilitation facilities are here.

• Medical Errors – The study suggests that medical errors are the third-leading cause of death in the U.S. Many of these rehab centers are staffed inadequately causing substandard treatment, insufficient patient monitoring and failure to provide needed treatments to patients. These are the key reasons harm occurs at rehab facilities. These failures lead to one in three patients receiving a medication error. The harm from medication errors range from dizziness and unbalance to bleeding from gastric ulcers due to blood thinners and a loss of consciousness linked to narcotic painkillers.

• Bed Sores – Bed sores occur when there is unrelieved pressure to the skin, occurring most frequently to areas of the body where bone and skin are very close to contact. Patients most at risk are those immobilized from medical conditions such as joint replacements, hip, pelvis or leg fractures, paralysis or coma. Staff in a rehabilitation center needs to remain aware that rehab patients, of all ages and health, are at risk and need to be diligent with their preventive programs. If not treated they can cause serious health problems like infections and other life-threatening injuries.

• Infections – Infections can occur not only by bed sores, but also after a surgery. Various types of organisms can develop at the site of the surgical wound or any type of line or catheter inserted into the patient. Unfortunately, rehabilitation centers are frequently not set up to treat serious infections.

• Falling – Falls are a common patient injury in a rehabilitation center, and while some are unavoidable, others are due to the staff’s negligence. During a physical rehabilitation session, staff may become distracted allowing a patient to fall. Clean floors usually mean slippery floors and are a common cause for a fall. Countless medical conditions and medications can lead to dizziness and a loss of balance causing a patient to fall. For the injured, a fall can have serious consequences.

• Dropped by Staff – Facility staff are often required to transfer a patient. Staff should be experts at transferring patients safely and effectively while minimizing pain and injury. However, if done negligently, it can lead to accident or fall resulting in injury.

These cases are very much like nursing home abuse claims, but they are different and certainly require experience.  Beware general personal injury attorneys who try to handle these cases without a true track record of success.  We work with the best firms in Chicago and throughout the state on this very niche area of law.  If you would like a referral please call us at 312-346-5320.

We are experienced Illinois lawyers who will help you find the best attorney for your case.  If you would like a free consultation, call us at 312-346-5320 or fill out our contact form.  We are based in Chicago, but cover all of Illinois.  For more information on strokes in surgery, please read on.

Anytime you go in for surgery, it can be frightening. Even a small every day procedure can turn into something unexpected very quickly. One of those things is a stroke. For the majority of people, the chance you may have a stroke during or after surgery is as low as 1%. However, this can go up to 10% depending on your age, overall health and what exactly your surgery is for. Heart patients have the highest risk of stroke during or after surgery.

In one case in Cook County, Illinois, a patient was awarded $4.6 million dollars after having a stroke during surgery. In her specific case, the cause was the anesthesiologist using a technique that caused the patients’ blood pressure to drop below the normal range. In this case, the woman was 70 years old with a history of blood pressure issues and diabetes. The stroke left her unable to move part of body, which eventually improved, however she didn’t regain full strength on the left side of her body.

One of the most common reasons people have strokes during or after surgery is a blood clot. This of course causes a problem because one way to avoid blood clots is administering blood thinners. Having blood thinners in your system during surgery could seriously increase the risk of bleeding, however some research shows a simple dose of aspirin may be enough to help decrease the risks of bleeding and blood clots at the same time.

With an ischemic stroke, there is a problem with blood flow to the brain during or after surgery. The anesthesiologist has to monitor this during the entire surgery as the results can be catastrophic if a problem occurs.  Time is of the essence when this happens as within minutes brain cells begin to die.

All surgeries carry some risk. Not all surgeries carry catastrophic risks. Stroke being one of those catastrophic risks. If you or a loved one had a stroke during or after your surgery, you may have a medical malpractice or negligence case. Contact us to discuss your situation and get a free review to see if you have a claim.

We are experienced Chicago attorneys who will talk to you for free and help you find the right Illinois malpractice law firm.  If you would like our help, fill out our contact form or call us at 312-346-5320 for a no cost, confidential consultation. Have a lawyer help you find the best lawyer for you.

One of the biggest myths of the legal industry is that suing a doctor, nurse or hospital and winning is easy.  Unfortunately it’s not.  Even in Cook County, about 80% of the cases which go to trial are won by the defense.  As a result the concern of many of my callers that “they will just get away with it” sadly often comes true.  It’s unfortunate, but the truth is that to win a medical negligence lawsuit you need a bad screw up and a bad injury.

When you do have a good case or the potential for one, two goals can be met.  Both of the goals are to make the responsible party be accountable.

The first goal in bringing any medical malpractice lawsuit is to bring awareness to the doctor’s mistake in an attempt to stop it from happening to other patients. Unfortunately because doctors are “practicing” medicine, there are times when they are simply in over their heads, or they make absolute mistakes. Other times hospitals have bad policies that are put in place carelessly or to save money.  These mistakes can have catastrophic consequences and the only way to make sure they never happen to anyone else in the future is to make sure the medical provider is fully aware of their error. Your medical malpractice lawsuit may save someone else’s life because it can force a change in how they behave.

The second goal in a medical malpractice lawsuit is to ensure you and/or your loved ones are compensated for the error.  Your medical expenses, both current and future, need to be taken care of as well as compensation for your loss of income due to the malpractice, and for any pain and suffering the malpractice caused.  The worry about having to pay out money causes medical groups to do the right thing for future patients.

These two goals go hand in hand, one helping the other. For instance, hospitals do not want to work with doctors who have made catastrophic mistakes. It isn’t in their financial best interest to keep these doctors on staff. Filing a medical malpractice lawsuit brings the mistake to the forefront and is reported for the rest of the time that doctor is in practice. Hospitals have to keep their profit and loss in mind when they are hiring doctors and if one has several documented mistakes on his or her record, they will probably not allow them to have practicing privileges.

Medical Malpractice lawsuits are not just about punishing doctors who make human errors or “paying out” those who had a bad experience with a doctor or hospital. Medical malpractice lawsuits are meant specifically to point out and acknowledge a medical providers error as well as to make sure the patient is cared for in a quality fashion moving forward. Also, to make sure no one else has to endure a catastrophic medical error.

If you think you might have a medical malpractice situation, call us today to review your case history. We will let you know if you do have a case, and put you in touch with a qualified attorney in your area.

I received a call from a very nice senior citizen.  She was in a car accident in Chicago where the other side was clearly at fault and she sustained numerous injuries.

It seemed like good news to her that the person who hit her was insured by State Farm.  They are a reputable insurance company so she felt confident just as she would if the other party had someone like Geico or All State.  She trusted that they would be fair with her.

A few days after the accident they called her up, convinced her to let them record a call and tried to get her to settle for around $2,000 plus $3,000 for future medical needs.  This happened despite her having some really serious injuries.  Their hope was that if they got it on recording and then sent her a check that they cashed that they could close the case for much less than they likely would have had to pay.

This is shady and unfortunately it’s how insurance companies make money when you are injured in a car accident.  If the insurance policy was for $100,000 and they get away with only paying around $5,000, that’s a huge win for them.  Do that to 100 people and you’ve saved nearly $10 million. Do it to 1,000 people and it’s a bottom line savings of around $100 million.  It’s a really big deal.

So if an insurance company wants to record you, say no.

If an insurance company wants to offer you a settlement for anything other than your car damage and you are still receiving medical care, don’t talk to them about it.

If they send you a settlement check and you are still treating, don’t cash it.

If they try to tell you that you are partially at fault when you are rear ended while sitting at a stop light, don’t believe them.

In general, no matter how nice they are, no matter their reputation, no matter if they tell you that this is just how it is, remember that the insurance company is not there to look out for you.  Their employees get compensated, in part, based on how little they pay you as compared to how much they should pay you under the law.  Nobody who cares about you would tell you to settle a case days after you are injured when you have no idea what the ultimate outcome of your injury will be.

If you have questions on this or would like our help in finding the best attorney for your case, fill out our contact form or call us at 312-346-5320 to speak with an experienced attorney for free.

The Warning on Statute of Limitations for Birth Injuries: Is it 8 years or is it 2 years?

Childbirth is a very exciting time for a mother and her family. It can also be a very scary time if there are any signs of potential birth complications such as breech birth, preterm labor, preeclampsia, brain injury occurring due to oxygen deprivation and more.

Generally speaking, when there is a birth injury in Illinois due to the negligence of a doctor, hospital or other medical professional, you have eight years from when it happened to file a lawsuit.  This law exists because with infants it can take many years to determine what the actual injury is.  You can’t prove that the baby will have difficulty speaking or learning when they are born.  If they hurt their shoulder in the delivery, there’s no way to tell how that will impact them in five years.

There is a HUGE exception to this rule though.  And if your lawyer doesn’t realize this it can end your malpractice case and leave you with no option other than suing your attorney.

If a patient experiences negligence or malpractice at a federally funded clinic or hospital or by a federal employee, the statute is actually only 2 years under the Federal Tort Claims Act (FTCA). The trap for these patients is that they think they have 8 years, but in truth, they only have 2 years and are losing their right to sue.

The trick is that you could be at a regular hospital such as Rush, Swedish Covenant, Northwestern, etc., but the doctor who makes the delivery error could actually work for a Federally funded medical clinic.  In those cases while they have privileges at the hospital, their true employer is the Federal Government.  As a result, you only have two years from the malpractice date to sue, not eight.

We’ve seen examples of prestigious, successful law firms failing to discover the true employer of these doctors.  It’s somewhat laziness in that when these cases come in you have to be able to verify where the OBGYN or other doctors involved actually work.  When the lawyer hears a hospital name, some don’t think to dig deeper.  Their failure could cost you millions if it’s a catastrophic injury.

Federally funded medical clinics are national and doctors can be employed at several locations. Unfortunately, many patients are not even aware if their doctor or clinic is government funded.

So how can you tell if a clinic/hospital or doctor is federally funded? You may need to do a little research and investigating to find out if you’re going to a federal funded clinic/hospital or seeking treatment from federally employed doctors. Some options include:

• Looking at the Clinic or Facility’s website.
• Call and ask the clinic directly.
• Visit the Health and Human Services (HHS) website at HHS.gov for more information.

There are literally hundreds of these clinics in Illinois with names like Heartland Health Center, Aunt Martha’s, Access and Shawnee Health Care.  In other words, it’s not always obvious and you have to do some digging.

Some law firms take an approach with birth injuries that they will do nothing until the child turns three.  If that is your child and the doctor who screwed up is employed by one of these clinics, you’d have no case to pursue because it would be too late.  So the bottom line is that you need to be diligent and confirm who your doctor actually works for.

Is this confusing? It can be.  We are experienced Chicago attorneys who would be happy to talk to you about a potential case for free.  Fill out our contact form or call us at 312-346-5320 for a free consultation.

We were recently involved in a case where an older man died after his doctor failed to diagnose a pulmonary embolism and deep vein thrombosis.  The doctor who committed the error had an insurance policy for $1 million, but the negligence happened at a hospital so they were sued too.

After some wrangling, the defense attorney offered to settle the case for $1 million.  The top Chicago malpractice lawyer we referred this client to said no.  The defense then offered to kick in an extra $100,000.00 from the hospital to end the case.  The attorney, with approval from his client of course, again said no.

Fast forward and right before the trial the case settled for $2,500,000.00.  There wasn’t much of a defense and while no amount of money can compensate the widow for her loss, this money will make her life much easier.

The point of all of this is that most firms would have taken the policy limit offers and wouldn’t have the guts to say no.  It would be the easy move for them because it would put money in their pocket without having to take the time and expense of getting the case ready for trial.  But the best move for the client was to say no and get ready for trial.

The simple fact is that medical malpractice lawsuits in Illinois are expensive, time intensive and difficult to win.  So the reality is that while many lawyers want these cases, there are really only 7-10 that deliver consistently great results and have a true track record of success.

A one man law firm will have challenges in handling all the work. A newer firm can have trouble funding these cases which can cost $100,000 or more to get to trial.  A firm without a track record doesn’t get the attention of insurance companies which makes them dig in more.

Getting one of these firms doesn’t guarantee a result, but it certainly gives you the best chance for a good result.  If you would like our help in finding the best malpractice attorney in Illinois for you, call us any time at 312-346-5320.  You can speak for our lawyers for free and we will answer any questions you have and guide you in the right direction.

Most of the attorneys I know are great, but truth be told, some are just awful.  The worst ones usually are the attorneys who put their own bottom line above a potential client and try to take on a case in an area of law they either just dabble in or know nothing about.  They usually do it because they think they are smart, wrongly believe the case will be easy and most of all want to make money.  We see this the most with attorneys who pretend they are Chicago personal injury lawyers.

Usually what happens is an attorney handles basic stuff like traffic tickets.  They help out a client who then says, “My cousin was hurt in a car accident as a passenger.  Can you help him?”  What the lawyer should do is say, “I don’t handle those cases” or “I don’t handle those cases, but know someone who does and can refer you.”  Instead in their mind they think, “I’m not making a ton of money and since they were the passenger, how hard can it be?”

The truth is that it’s a lot harder than they think.  First off, it takes skill and experience to identify all the proper insurance available, especially when a commercial vehicle is involved.  Second, there’s the matter of making sure the client is treating with a proper doctor and getting the care they need.  Third is having the experience needed to investigate an accident scene and/or document an accident properly.  Most of all though, the first thing an insurance company does when they get a new case is look up the lawyer.  If they realize the attorney is inexperienced, they will play hard ball and if they make an offer it will usually be a low ball one.

On the other hand, if your attorney has a track record of success and experience in dealing with that insurance company as well as a history of taking cases to trial when needed, the insurance company is more likely to be fair.

The other issue we see is that some lawyers who take these cases really need money.  You might think that most attorneys are rich, but the truth is that many are struggling.  A recent caller to my office needed a surgery from a car accident and her lawyer was trying to get her to settle the case for a low dollar amount. He wanted money now and didn’t care that the case would be worth more to him and the client by waiting.  He didn’t care that it was best for the client to do nothing now.  Fortunately she sought a second opinion.

So when you get an attorney who dabbles in personal injury, the client gets screwed.  These lawyers are frauds.  Do not hire the first lawyer you can hire.  Get the best one you can hire. You wouldn’t have a doctor who delivers babies operate on your back.  You don’t want a general practice lawyer for a serious injury case.  Any attorney who takes this case without a track record of success is looking out for themselves, not you.

If you need help finding the right personal injury attorney or just have questions, call us any time at 312-346-5320 to speak with one of our lawyers for free.  We cover all of Illinois and tell it like it is.  We don’t promise a result, but do guarantee we will look out for what is best for you and you alone.

Note, we are Chicago lawyers who since 2001 have been providing free legal advice and attorney referrals for people with legal matters anywhere in Illinois.  We have a state wide network of great, experienced attorneys who have a track record of success.  If you would like to speak with one of our attorneys for free, contact us at (312) 346-5320.  For more information about lawyer fees in car accident cases, read on.

There is an awful injury law firm in Chicago that has the worst commercials ever.  That’s not what makes them awful though.  They suck because I get about five calls a week from their unhappy clients and they usually all have similar stories.  Their complaints are either A. They promised me things that aren’t true. B. I have a new lawyer on my case every month. C. They don’t return my phone calls. D.  They don’t answer my questions.  E. All of the above.

Essentially this firm markets themselves like crazy, but doesn’t care about their clients.  They lose a lot of staff because people don’t want to work for unethical attorneys.

A recent caller to my office had hired this shady firm for a car accident case.  What’s crazy is that this firm is really a work injury firm, but apparently is trying to get injury cases too.  The caller had the similar concerns as their other unhappy clients do, but also questioned their attorney fee.  This firm was asking for 37.5% fee just to take the case, 40% if a lawsuit is filed, more if it goes to trial and 50% if there is an appeal!

That fee request is nuts.  Basically they are robbing their clients who accept it.  There’s no law for attorney fees, but except for very difficult cases you should be able to get an outstanding attorney whose fee fill be 1/3 of what they recover.  Many lawyers charge 40% on every case because they can get away with it, but if I was you I wouldn’t ever pay more than 1/3 and in some major injury cases you can get that down tow 25-30%.

To make matters worse in this case, the firm, after the surgeon discharged the client from medical care, forced him to go to a doctor buddy of theirs for physical therapy.  Of course that was done to try and inflate the bills to make the case worth more, but what’s really going to happen is it will make the case worth less because the insurance company won’t pay for it.  Ultimately, since this is a big injury case, the doctor will get paid, but it will come out of money that should have gone to the client.

It’s a pretty shady operation all around.

Bottom line is that you should not pay more than 1/3 to any injury attorney and you should never give them money up front.  If they are asking for that it’s a bad sign for them.  If you want help finding the best lawyer for your case, contact us for an unbiased opinion.

Police officers in Chicago and most places are for the most part great.  But when you have tens of thousands of them, there are bound to be some bad actors who do bad things.  Given that police have tremendous authority and power, they can do a lot of damage to innocent people.

In the past few months we’ve read a lot about officers in many cities/states who have been accused of sexually abusing people they have arrested and we’ve actively helped people in Chicago and other parts of Illinois who have made similar claims.

The challenge in these cases is that it can be a he said/she said situation and the cops who are scummy enough to do this do it because they believe nobody will believe a “criminal” over a cop.  That’s the mentality we are dealing with. So what should you do if an unethical cop, sheriff or any other officer makes you perform a sex act on them?

  1. Even if you committed a crime that put you in this position, you are still a victim and this officer is a criminal.  File a police report against them as soon as you can.
  2. Go to the hospital as soon as you are able to.  This can help prove what you are saying and enhances your credibility.  There is no such thing as consensual sex between an arresting officer and a defendant.
  3. Preserve any evidence that you can.  In one case, to be graphic, a client spit evidence in to a bottle. A DNA test will lead to an arrest and substantially increase the value of the case because it will take away any ability to deny that it happened.
  4. Remember the body cams.  Some really stupid cops have committed this rape while a body cam was on and/or turned it off without good explanation.

In the big picture, if this happens to you it can seem like an uphill battle, but if you are telling the truth your chances of prevailing both with criminal charges against the scum bag as well as in suing to win a lot of money.  What’s shocking in these cases is how often the person who abuses their authority has a track record of having done terrible things yet still gets to be alone with people to do it again.

If you would like a FREE and CONFIDENTIAL consultation about getting help with one of these cases or anything else, call us any time at (312) 346-5320 or fill out our contact form and we will call you.  You can speak with an experienced lawyer for free, ask questions and get pointed in the right direction.  We help everywhere in Illinois and with sexual assault cases by law enforcement officers we will often help any where in the US.

See also: Can You Record A Police Officer In Illinois?

Some parts of Illinois dog bite law are pretty straight forward.  If you are minding your own business and a dog attacks you causing an injury, usually their owner or handler will be liable.  Those cases typically come down to whether or not there is insurance or other money that can pay your damages.  Not all cases involving dogs and injuries are that straight forward.

Imagine playing with your child in your back yard when you hear your neighbors huge dog start to bark and aggressively come towards you. What do you do? Most people, just like Bijal Parkh, would run away.  Unfortunately, when he ran he also slipped in his garage and shattered his knee.  Is the injury caused by Mr. Parkh or did the dog chase cause the injury? Who is at fault?

According to the 1st District Appellate Court, the dog chase was not the proximate cause of his injuries.  Meaning the dog didn’t trip Mr. Parkh or do anything else specifically to make him fall. In fact, in this case, Mr. Parkh ran so far so fast, he was unaware of how close the dog even was to him at the time of the fall.

When the case went to trial, both sides argued over what instructions to give the jury.  Mr. Parkh wanted “injury” defined to the jury as “an aggressive violent action designed to inflict an injury” or a harmless action that “under a particular set of facts results in an injury” which would still hold the dog’s owners liable for his own fall. Mr. Parkh’s request was denied as the court instead ruled the rules did not need further defining.

A dog chase is usually not enough  to hold a dog owner responsible, should something happen to you because of the chase. If the dog catches you and bites you or worse… that is a very different ending. Large dogs can be intimidating, especially when they are running right at you, or in this case, chasing you.  If you stumble an hurt yourself and the dog backs off without actually attacking you, you may be on your own for the medical bills.

Final thought.  Every case is different. So please don’t read this blog and assume you have no case.  Call us at (800) 517-1614 any time to speak with a lawyer for free and get an analysis to see if you have a case.

See also: Dog bite lawsuits in Illinois

We receive about ten calls per day from people who are looking for a lawyer for an Illinois medical malpractice lawsuit. Our goal on these calls is to learn the facts of what happened, determine if there is a case worth investigating and if so, refer you to a malpractice attorney who has experience and a track record of success with a case similar to yours.

It’s important to know a few things about these cases: 1. They are marathons, not sprints.  By that we mean that these cases take on average 2-4 years to resolve and the time between when you first call a lawyer and a lawsuit is filed if there’s a good case is about six months.  That’s because all of the relevant medical records must be gathered and reviewed by an expert physician who is willing to state that malpractice occurred. 2. Even in the most obvious cases of malpractice, you can bet that the insurance company will try to fight the case.  Doctors win 80% of the cases that go to trial in Cook County and in other counties they never lose.  So don’t be surprised that the case will take some time and make sure the law firm you hire can demonstrate lots of success in these cases.

Beyond that, it’s important to know what medical malpractice is. In plain English it’s when a medical provider screws up AND causes a major, permanent injury.  For cases that go to trial it can cost a lawyer around $100,000.00 in expenses.  So if there isn’t a catastrophic result then it’s usually not worth pursuing.  By catastrophic we mean death, becoming paralyzed, brain damage, severe nerve damage, going from being able to work to permanently disabled, requiring constant medical care, etc.  It’s awful to say, but also honest to say that a physician can screw up badly and get away with it if there isn’t a bad result.

Sadly a medical provider can get away with being negligent if you can’t prove that the bad result wouldn’t have happened anyway.  For example, if they fail to diagnose pancreatic cancer in a 90 year old and that person dies, the defense would be that at that age you have almost no life expectancy and couldn’t get treatment for cancer that severe.  Like I said, insurance companies ruthlessly fight these cases.  I can’t emphasize enough the importance of a strong law firm in your corner.

It’s also important to know what malpractice is not.  A woman called me upset that her doctor had spoken too loudly in the office about her medical condition. A man was frustrated because his doctor was rude to him.  Another caller wasn’t happy that his doctor would no longer prescribe pain medications because he missed an appointment.  None of these examples are medical malpractice, they are customer service issues.  If you think your doctor has behaved in an inappropriate way you should file a complaint against them with the Illinois Department of Professional and Financial Regulations as they license and discipline medial providers.

I hope this basic explanation clears up some myths.  We know and work with the best medical malpractice lawyers in Illinois. If you would like a free consultation or a referral, call us any time at (312) 346-5320.

On average we talk to 8-10 people a day who have been hurt on the job and have Illinois workers’ compensation legal questions.  We hear a lot of the same things over and over.  Here is a list of ten things that we think everyone should know about Illinois work comp law.

  1. It’s a no fault law.  Unless you are drunk or reckless (e.g. you jump off a roof for fun instead of using a ladder), your fault doesn’t matter if you get hurt at work.  You don’t have to prove the company was negligent and they aren’t off the hook if you are careless.
  2. Lawyer fees are 20% and don’t exceed that amount without special circumstances.  If an attorney asks you for any money up front you should not hire them.
  3. 100% of your medical bills should be paid for any treatment that is reasonable and related to your job injury.  No co-pays, no out of pocket expenses.
  4. The insurance company and your employer can not talk directly to your doctor and they should not be in your medical appointments. This includes any nurse case managers.  Don’t let them schedule your appointments either.  They have a right to get a copy of your medical records and bills.  That’s it.
  5. Any lawyer who tells you what your case is worth right after you’ve been hurt is probably full of it and telling you that just to try and get you to sign up with them.  No way to tell you for certain what the case is worth until you are finished with medical care and at maximum medical improvement.
  6. The value of your case is determined in part based on the severity of your injury, how it will affect you in the future, the medical care you have, how much money you were earning when hurt, your age, the job you can return to, whether or not you have any work restrictions and the need for future medical care.
  7. If you don’t want to sue your employer you are in luck.  Workers’ compensation cases in Illinois are  not lawsuits, but instead are claims for benefits like any other insurance claim.  There is no Judge or lawsuit although if you aren’t receiving payment we would go to arbitration on your behalf.
  8. Your employer can drug test you after an accident.  If you test positive it creates a “rebuttable presumption” that the drugs caused the accident.  You can overcome this based on the facts of how you got injured and witness testimony.
  9. You need to provide notice to your employer within 45 days of when you knew or should have known your injury was work related.  The sooner you report it, the better and do so in writing. You don’t want to lose a case on a technicality.
  10. You can switch attorneys if yours isn’t doing the job and it won’t cost you anything.  Lawyer fees can’t exceed 20%.  The new firm and old firm will have to work it out to split the 20% but it won’t affect your bottom line at all.

And of course if you have any questions about Illinois law, call us any time at (312) 346-5320 or fill out our contact form. It’s free, confidential and we cover all of Illinois.

See also: Do I Have An Illinois Workers’ Compensation Case?

I got called by someone the other day who was beat up on the CTA red line and wanted to sue the Chicago Transit Authority because it happened on their property.  A month ago a woman was was sexually assaulted outside her apartment wanted to sue the building owner and asked for our help.  That same week a woman who fell down the stairs at her friend’s house when a railing broke called me looking for legal advice.  I was only able to help one of them.

To sue anyone for personal injury, you have to show that they were somehow negligent.  Getting hurt on their property does not make them liable under Illinois law.  You need to show negligence too.

So the guy who got beat up on the el train doesn’t have a case because the CTA had no way of knowing it was going to happen and they don’t have to provide security on every train.  If CTA staffers were watching it all go down it might be a case, but that’s not what happened here.

The woman who was sexually assaulted also doesn’t have a case. It was a stranger who followed her home that assaulted her.  It’s awful that this happened to her, but there was nothing that the building owner did that lead to this happening.  It would have been different if the door lock was broken and that allowed the criminal to get in.  Again, you have to show some sort of negligence.

Finally, the woman who fell down the stairs does appear to have a case.  A property owner has a duty to maintain their residence. If a railing breaks that is most likely due to some negligence and assuming there’s an injury, you can sue them and their homeowner’s insurance would likely have to pay for your medical bills, lost wages and any pain and suffering.

The bottom line is that getting hurt on someone else’s property is not enough to bring a case. You need to show negligence as well.  So it’s important to get all of the facts and see if we can make a case.

If you have questions or would like to talk to an attorney for free, call us any time at (312) 346-5320.  We cover all of Illinois.

It’s an Uber rider’s nightmare; sitting in the back seat, when an accident occurs due to the driver being distracted. In many cases, ride share drivers will work for both Uber and Lyft. With both of these companies relying on cell phone technology, some drivers will use two phones at once and others are new to town and have no idea how to navigate without the help of their phones. So, what happens if you are that dreaded rider in the back when an accident occurs?

I was once in an Uber in Chicago, with a driver that didn’t know how to get from the Loop to Wrigley Field. Constant eye contact on his phone/GPS trying to figure his way around a new city instead of safely delivering me to my destination. Often, people will relocate to a new city and sign on to be an Uber or Lyft driver because it is an easy way for them to make quick money. The problem of course is they are completely unaware of their surroundings when they are so reliant on the app or GPS to get them where they are going or to pick up their next fare. There have been cases in other cities of pedestrians hit by Uber and Lyft drivers because the driver was too busy looking for another fare, to look up and see the pedestrian crossing the street. One accident left a man sitting in the back of an Uber with a broken leg after the driver ran a red light. Another left a woman with a broken collarbone after a Lyft driver was struck by another driver, who ran a red light.

Both Uber and Lyft have similar minimum insurance coverage of $1 million dollars in coverage for death, personal injury, and property damage. If you are the rider in an Uber or Lyft accident, the coverage can establish a claim against the other driver involved in an accident if they were at fault. This coverage will cover not only a passenger injured while in an Uber or Lyft, and will also cover damages if an Uber or Lyft driver causes damages or injury to your car. If you have been involved in an accident as a passenger,  pedestrian, or another vehicle struck by an Uber or Lyft driver, give us a call at (312) 346-5320. We will put you in touch with an attorney in your area who will make sure your medical bills are covered as well as any additional compensation you may be due including lost time from work.

See also: Chicago Pedestrian Accident Lawyer: 6 Key Things to Know

We’ve all heard the expression, “like a pressure cooker ready to explode.” But what happens when a pressure cooker actually explodes and injures the person just trying to cook or jar their foods?
Pressure cookers have been used for decades in the kitchen for various meals. Personally, my mom used her pressure cooker all summer long. She would prepare strawberry rhubarb jam, rhubarb based butter, apple and pear sauce and of course any of the vegetables from the garden and can them in mason jars in the pressure cooker. I know other people whose favorite recipe for black and pinto beans include only using a pressure cooker.

However, not everyone has a fond memory of a pressure cooker. One woman had severe burns covering her chest and arms after a pressure cooker exploded in her kitchen. A simple malfunction, the cooker’s lid came off before the pressure was released. When the lid flew off it was a virtual explosion of scalding hot soup, hot enough to leave her skin burnt and blistered. She was in the hospital for over a week while doctors tended to her wounds.

One pressure cooker manufacturer, Tristar, has been hit with lawsuits over what customers are calling defective products. Their product allegedly explodes without warning. Two cases have already been settled, and at least one more has been filed. Consumer reports have raised serious safety concerns about other pressure cookers, including models manufactured by Fagor America, Tabletops Unlimited and Maxi-Matic.

What’s crazy is that in many of the injuries, the explosions have happened when directions on the box are properly followed or even after the product is done cooking the food and has been unplugged.  You wouldn’t think a machine just sitting there could cause harm, but it can.

The issue in these cases is often that the safety mechanisms designed to stop explosions have failed.  The beauty of these products is that they can cook meals in a fraction of the time.  They are supposed to be safe, but when they are defective it can cause a major injury. If you were injured when your pressure cooker exploded, contact us after seeking medical attention. We will put you in contact with an attorney in your area who has experience with these cases.

It’s always free to call us and speak with one of our lawyers.  We can be reached any time at (800) 517-1614.  You will usually speak to a lawyer right away and always within a few minutes.

I got a call from someone the other day who was upset that her attorney hadn’t called her back since she signed up with him.  She gave me his name, and I looked him up. It turns out this person isn’t a lawyer.  I then referred her to a top Chicago car accident lawyer, and the case is on the right path.

The real story is that the guy who she hired was someone that got a hold of the police report following her accident and called her out of the blue.  This is called being an ambulance chaser, and it’s illegal, as well as unethical, and just plain scummy.  He works for a law firm and likely gets paid per lead.

It’s a big scam, as his firm does a ton of TV advertising, and he uses that as his pitch when he calls these victims.  That firm doesn’t even handle the cases, but instead refers them to another firm.  This woman, and presumably most of their clients, have no idea what’s going on.  When she fired them, this scumbag threatened her and then threatened her new attorney.  It’s all being reported to the proper authorities and hopefully these guys get busted.

I hate ambulance chasers.  They prey upon victims of accidents and lie to them. They break the law.  They make honest lawyers look bad.

It’s competitive to get good cases, but that is no excuse for breaking the law.  If someone is going to call you out of the blue to try and get you to hire them, they know what they are doing is wrong.  They may justify it in their head some way, but facts are facts, it’s illegal.  If they’d break the law to get your case, they’d just as easily sell you out.

The good news is that their are tons of honest lawyers out there who will truly fight for you and do it the right way. They won’t make false promises about how much they are going to get for you and they won’t show up at your door step or hospital bed.  In the long run, an ethical, experienced attorney who gets cases the right way will get more money for you and do a better job.

Railroad injuries are handled entirely differently than other on the job injuries in Illinois, starting with who handles them. Typically, with on the job injuries, workers compensation will kick in to cover the employees medical and other expenses after an injury. However, railroad workers are covered under FELA. The Federal Employers Liability Act, also known as FELA was established to serve those who have been injured while working on the railroads. FELA protects not only those who work on the trains, but also those whose employer is a railroad company.

FELA is unlike workers comp in the way claims are handled. In a normal workers compensation case, fault of the employer’s negligence doesn’t need to be established. However in FELA claims, it does. This means an employee of a railroad company must show neglect which resulted in the injury.

There are several types of injuries which could be covered by FELA, from broken bones to carpel tunnel syndrome to obstructive pulmonary diseases all could be addressed as on the job injuries. FELA will provide compensation to an injured worker in the form of both future and past loss wages, any and all medical treatment involved with the injury, and past and future pain and suffering to include mental distress depending on the circumstances.

Unlike regular workers’ compensation claims, FELA cases are often worth hundreds of thousands of dollars or potentially millions.  That all of course depends on the severity of the injury, but often railroad workers are catastrophically injured.

FELA imposes a 3 year statute of limitations for lawsuits. However a competent attorney will be able to calculate these dates for you and help you along in the process to make sure you get the highest compensation possible.  Many attorneys dabble in this area, but very few have an amazing track record.  We know who those lawyers are and are happy to connect you with them. Please contact us to help you find an attorney in your area.  We are Chicago based attorneys who cover all of Illinois and can be reached at (800) 517-1614.  Our service is free and every call is confidential.

It’s a question most clients ask when they are in the beginning stages of deciding whether to file a medical malpractice lawsuit in Chicago. How easy will it be to win the case? The answer is simple, it is not easy at all. Cook County, Illinois has a reputation of being Plaintiff friendly, which means the person filing the case, would be predisposed to winning. However, the doctors who are being sued win 80% of the cases that make it to trial.

Don’t get us wrong. We investigate over 100 cases every month and LOVE to help people who have been injured due to medical negligence. We’d love to help you and we have a great track record of success. We are also honest and want to be clear that these cases are not easy.

Bringing a medical malpractice lawsuit to trial is a very expensive undertaking. In most situations, if an attorney decides to take on a case he or she will incur all of the costs during the trial, and receive payment from an award given to the patient. Some cases cost over $100 thousand dollars to litigate after investigators and specialists prove the malpractice. Hundreds of hours of work go into the beginning stages of any medical malpractice case and attorneys typically don’t work for free.

Other big issues in winning medical malpractice cases are sometimes people confuse a customer service issue with a malpractice issue, and sometimes the end result is simply a risk taken for medical services. For instance, if someone is in an emergency situation and needs to be intubated on the spot, one risk is damage to the vocal cords. The person may have permanent damage, or may just have difficulties talking for the next few days. This person typically would not have a case for medical malpractice simply because the doctor intubated him or her because of the basic risks of the procedure. If a doctor is unkind during an exam with regards to prescription meds, and refuses to refill the prescription typically the patient would not have a medical malpractice case because no catastrophic and life changing effects would come from not refilling the prescription.

The burden of proof falls into the standard of care given to the patient. Sometimes people feel as though the doctor could have done more, or should have known circumstances; that doesn’t mean the standard of care was less than acceptable.

The other burden of proof is catastrophic injury or even death. What could of happened doesn’t count in a medical malpractice case. Take for instance a patient who went in to have her gall bladder removed. The surgeon missed a few gallstones that passed into the bile duct and later blocked the bile duct. This can cause extreme pain, and could even be life threatening. If the doctor caught the issue and treated it, and she made a full and complete recovery, there is no catastrophic damage – there is no medical malpractice case.

Attorneys will take great care in assessing your personal situation before taking on any medical malpractice case for all of these reasons. No one wants a patient to be injured or things made to be worse than they are in any medical situation, no one wants to have the consequences needed to be successful with a medical malpractice lawsuit.
For more information on medical malpractice and your personal situation, please call us for a free consultation.

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