Injury Cases

When people call us for an Illinois medical malpractice lawyer referral, we want to find them the best one for their case. When it comes to Illinois medical malpractice lawsuits, there are a lot of lawyers who say that they handle those cases, but the reality is very few can show a real track record of success with them.

That’s because these cases are complex and very expensive (don’t worry, it won’t cost you anything, the lawyers we work with advance all the costs and only get paid if they win). Insurance companies fight these cases very hard. The best lawyers give you the best chance of winning and obtaining the most money. There are probably less than ten law firms in Illinois who continuously get multi-million dollar results for their clients.

As part of our role in finding the best lawyer for you, we first assess the case facts including what happened, who the potential defendant is, what the potential damages are, is there anything unique about the case and what is important to you. When we ask people what is important to them, some will talk about geographic concerns. The good news is you will almost never have to travel to get a great lawyer.

Another issue that is important to people is making sure the lawyer can speak their language. This should never be a worry, especially if you are looking for a Spanish speaking lawyer. The best medical malpractice law firms in Chicago that we know all have Spanish speaking attorneys on staff. They also have multiple staff members who can speak Spanish. In other words, you won’t have to rely on a family member to translate for you or need hope that you understand what they are saying.

In my opinion, especially when you have a good case, you shouldn’t have to compromise on lawyer quality just to feel more comfortable because they speak your language. And the good news is that you don’t have to. So if you would like a free consultation to discuss a case, please call us any time at 312-346-5320.

Los mejores abogados de habla hispana en Chicago

Cuando las personas nos llaman para una referencia de un abogado de negligencia médica en Illinois, queremos encontrarles el mejor para su caso. Cuando se trata de demandas por negligencia médica en Illinois, hay muchos abogados que dicen que manejan esos casos, pero la realidad es que muy pocos pueden mostrar un historial real de éxito con ellos.

Eso es porque estos casos son complejos y muy costosos (no se preocupe, no le costará nada, los abogados con los que trabajamos adelantan todos los costos y solo cobran si ganan). Las compañías de seguros luchan muy duro en estos casos. Los mejores abogados le brindan la mejor oportunidad de ganar y obtener la mayor cantidad de dinero. Probablemente hay menos de diez bufetes de abogados en Illinois que continuamente obtienen resultados multimillonarios para sus clientes.

Como parte de nuestro papel en la búsqueda del mejor abogado para usted, primero evaluamos los hechos del caso, incluido lo que sucedió, quién es el posible acusado, cuáles son los posibles daños, si hay algo único en el caso y qué es importante para usted. Cuando le preguntamos a la gente qué es importante para ellos, algunos hablarán de preocupaciones geográficas. La buena noticia es que casi nunca tendrá que viajar para conseguir un gran abogado.

Otro tema que es importante para las personas es asegurarse de que el abogado pueda hablar su idioma. Esto nunca debería ser una preocupación, especialmente si está buscando un abogado que hable español. Los mejores bufetes de abogados especializados en negligencia médica en Chicago que conocemos cuentan con abogados que hablan español en su personal. También tienen varios miembros del personal que pueden hablar español. En otras palabras, no tendrá que depender de un miembro de la familia para que le traduzca o esperar que entienda lo que está diciendo.

En mi opinión, especialmente cuando tiene un buen caso, no debería comprometer la calidad de los abogados solo para sentirse más cómodo porque hablan su idioma. Y la buena noticia es que no tienes que hacerlo. Entonces, si desea una consulta gratuita para discutir un caso, llámenos en cualquier momento al 312-346-5320.

We all know that car accidents occur every day. When you are injured and not at fault, dealing with an insurance company can be a whole new world and it can be stressful. Many insurance companies use this difficult time to take advantage of people. For them, it’s a business decision as they focus on their bottom line. They look for ways to reduce the amount that they are legally obligated to pay.

Here are five tricks we’ve seen over the years in helping people find the best Illinois car accident lawyer for their case:

1. They act like they are your best buddy: Most insurance adjusters are given scripts to use to guide what they say to you. Studies have shown that if they act nice to you, you will let them take advantage of you. Their goal is to gain your trust and make you think they are on your side. It’s a con. They are not looking out for you. They are looking out for themselves. In fact, many insurance adjusters get bonuses based on how much money they can save the company by not paying out claims.

2. They follow you on your social media: Insurance companies are looking for any reason to deny your case or reduce your benefits. They will be looking at your Facebook, Instagram, TikTok, etc. to see if you are posting anything that can create a defense for them. You should never discuss your case or injuries and shouldn’t be seen doing anything that could indicate you aren’t as hurt as you say you are. This is a form of legal surveillance. They are going to see what you did for fun before your accident and argue that could be the real cause of your injuries. It’s shameful, but allowed.

3. They will ask you to give a recorded statement: It’s not unusual for an insurance adjuster to say something like, “In order to process your claim, we need to record a statement from you to obtain details about the accident.” They imply that it’s required. It’s not and you absolutely shouldn’t give one. They will ask you questions that are scripted in a way to trip you up or misinterpret what you actually mean. They also will try to get you to say something incorrect and twist that to make you seem like a liar. The bottom line is you don’t have to give a recorded statement and shouldn’t.

4. They will ask for access to all of your medical records: Often the insurance company will send you a lot of paperwork which includes authorization to obtain medical records. The release will grant them access to any medical records that you’ve ever had. They don’t have a right to that. They can see records that relate to your accident and injury. But they don’t have a right to look at records that aren’t a part of your accident at all such as pregnancy records, cancer treatment, psychological care, etc. They are hoping to go on a fishing expedition to come up with a bogus reason to deny your case. Don’t let them.

5. They will try to get you to take a quick settlement: It’s not uncommon now to get a call from someone who was injured in a car accident a week ago to call us and relay that the insurance company offered a settlement already. Their goal is to get you to close out your case while you still need medical care. They are hoping that your inexperience will work against you and save them a ton of money. It’s probably the scummiest thing that they do and if you agree to it, they might be able to enforce a settlement even if you change your mind once you learn your rights.

The bottom line is that they are looking out for themselves and not you. If you have been hurt in a car accident and want to talk to an attorney for free, you can contact us any time ta 312-346-5320. We help everywhere in Illinois.

Every winter in Illinois we see an uptick in calls for people injured in a slip and fall. Those can be tough cases to win, but ultimately the case facts determine the result. These cases happen year round and are covered under an area called premises liability.

Premises liability rules encourage landowners to keep their property in a reasonably safe condition. The rules also compensate people who are injured as a result of the landowners’ negligence.  The key is that they have to be negligent. Premises liability rules also apply to businesses who rent commercial property (in other words, occupants). For example, Jewel-Osco may rent space in a strip mall and not own the property the store sits on. However, they are still required to keep their store in a reasonably safe condition. (To keep things simple, we will use the term “landowner,” assuming it includes occupants/businesses that rent space.)

There are different duties or standards required of landowners based on the type of visitors who are on the premises. The two types or visitors are invitees and trespassers.

Invitee: If a person if invited or welcomed on the premises for business, the landowner has a duty to maintain the premises in a reasonably safe condition. This does not mean the customer has to have a formal invitation, of course. Walmart, for example, wants people to come into their store and buy food, clothing, etc. Most people are invitees in most situations.

Trespasser: If a person is not welcome on a landowner’s property, the landowner still has a responsibility to refrain from a reckless disregard of the safety of others. In other words, they can’t intentionally be careless or cause harm. A trespasser isn’t always someone committing a crime. It could be as simple as a kid who runs on to your property to get the ball they accidentally threw in to your yard.

If an invitee or trespasser is injured on a landowner’s property, and they can prove that the landowner failed to meet the duty required, that landowner may be on the hook to pay for their medical bills, lost wages, future medical care, etc. For example, if they knew there was a hole in their yard and covered it with leaves, they could be responsible. If Jewel knows that a freezer is leaking and you slip on a wet floor as a result, they could be held responsible.

Typically, the landowner has insurance and the insurance company will make the payout. Insurance companies, however, are not usually eager to cooperate and meet all of the injured person’s demands and will look for ways to deny your claim. Quite often they will turn you down without justification. That’s where a premises liability attorney comes into play.

Slip and falls aren’t the only type of premises liability lawsuit out there. Others include:

• Porch Collapses – Especially in Chicago, there are a lot of older buildings with porches, many that were poorly designed or are not maintained. Every year people get seriously injured when the porches collapse. We find a lot that the wood has rotted and nobody did anything about it.
• Inadequate Security – Some buildings have doormen who let people in the building that shouldn’t be there. Other times there are broken gates or locks that don’t work. If you get attacked or injured due to this negligence, you could have a case.
• Dog Bites – While most dogs are great, some are dangerous. Property owners can be liable for bites and attacks by their animals.
• Fires – Not every fire is the fault of a building owner. But if it happens due to poor electrical wiring or an injury occurs because there are no smoke detectors, then it’s really likely the building owner is negligent and can be sued.

Hiring a reputable and experienced premises liability lawyer can make a huge difference on whether the insurance company will pay, how much the settlement will be, and how quickly the injured person can receive a settlement. These attorneys work on a contingency basis, so the client pays them nothing upfront. The attorney receives a portion of the settlement that they obtain for their client. The typical fee is 1/3 of what is recovered.

One unique point about premises liability law in Illinois addresses ice and snow. The owner or occupant of a property is not required to remove ice or snow resulting from natural accumulations. It is not realistic to expect property owners to keep all areas where people walk clear from ice and snow constantly during the winter months. In order to have a successful ice and snow injury claim, the plaintiff has to prove they were injured as a result of unnatural accumulations. An example of that would be if ice gathered in an area that fell off of an awning or downspout.

We know that Illinois premises liability law can be a bit confusing. If you have any questions, contact us and we would be happy to hear about your unique situation and offer you some free advice. And if needed, we will refer you to a lawyer with a track record of success in winning these cases. All calls are free and confidential.

Spring is upon us in Illinois. It’s the time of year when we get fooled in to thinking winter is over. People spend time outside after hibernating. When the weather is good, parties do happen. And often due to the effects or winter along with bad construction, porches collapse at those parties and people get injured.

It’s not a unique situation. Sadly, when you search “Chicago porch collapse” in Google, a number of articles pop up. For example, on Friday, June 24, 2022, two people were injured when a porch collapsed in Lincoln Park. Also in 2022, on April 12, a West Side porch collapse killed a 53-year-old man and seriously injured two others.

In fact, the deadliest porch collapse in United States history occurred in Chicago on June 29, 2003. Shortly after midnight, a back porch on the third floor of a Lincoln Park building collapsed, falling into the basement level as it took down the intervening floors as well. Thirteen young party goers died and fifty-seven others were seriously injured.
A $16.6 million settlement was obtained by a law firm representing 14 of the victims (or victims’ families). The building owner and porch contractor settled for the full amount of the available insurance. An architect determined that the porch could have withstood the load placed on it if it had been constructed in compliance with city code. However, city inspectors had not issued any citations.

Porch collapses are not unique to the City of Chicago. Unfortunately, they happen all over the Chicagoland area and well as throughout the state, and such an incident can occur with a deck or balcony as well.

The injuries and damages from a case are typically clear cut. Due to the height of the porch or balcony, serious injuries or death can occur. Head, neck and spine injuries and broken bones are common.

What is not always clear is the cause of the collapse and who is at fault. Depending on the cause, various parties may be responsible.

In some cases, the construction company may be held liable. Perhaps they used inferior materials, followed improper construction techniques or failed to follow industry safety standards.

In other instances, a company that manufactured the materials used in the construction of the porch or balcony or deck can be held liable if it is clear that the materials, such as the supporting beams, were defective.

Finally, the owner or manager of the property may be held responsible under premises liability law. Perhaps they knew, or should have known, that the structure was in bad shape, but they failed to make the necessary repairs.

Other factors come into play on these cases, such as whether the porch was on residential or commercial property. Were the injured people guests, business patrons or trespassers? Were there warnings about the poor state of the porch?

If you or someone you know was injured or killed in a porch or balcony collapse, we work with attorneys who have great success with these difficult lawsuits. There is no cost to call us or to hire an attorney we recommend. If you’d like to speak with one of our lawyers for free, contact us any time at 312-346-5320.

We are experienced lawyers who help people who are injured in Illinois car accident cases. We can help you when you are not primarily at fault for the accident occurring.  Usually, this means that the police report blames someone else, but that’s not always the case. Some law firms will only handle the injury aspect of a car accident. That means if you are having trouble getting your car replaced, they won’t help you. To me, that is terrible lawyering. If you hire an attorney for an accident case, you should get help with everything related to that accident.

The reason some of these firms don’t handle property damage is because they won’t get paid for that part of the case usually and if they do it’s not worth much. To me that’s shameful.

One big property damage issue that comes up in Illinois car accident cases is diminished value. Diminished value refers to the difference in the car’s worth before the accident as compared to after the accident. Even if the car gets repaired, your ability to sell it for what it used to be worth would be used.

If the other party was at fault, the insurance company is not only supposed to pay for the repairs, but they are also supposed to compensate you for the diminished value of the vehicle. Of course, insurance companies don’t just give money away, and they will use this issue to try to gain leverage over you to either settle the case before you should or settle for less money than the case is worth.

The sad but honest truth is that the less you are injured, the more likely it is that insurance companies will get away with this. We don’t know any law firms that do property damage-only cases, because it’s just not a way to make money in a business. But car accident attorneys make enough money in most injury cases that they should handle diminished value and other property loss issues. And ironically in some cases that have HUGE value, the insurance company might mess around with compensating you for the car value in an effort to get a total settlement too soon.

Our best advice is:

1. If you are injured or not feeling well after an accident, go to the doctor. Don’t do it to just help you get a lawyer. Do it because you are sincerely hurt.
2. Beware of the insurance company trying to quickly settle your case in exchange for fixing your car and paying diminished value. That’s usually in their best interests, not yours.
3. Don’t believe anyone who says diminished value isn’t a thing.
4. Ask your attorney before you hire them if they will handle the property damage issues. If they say no, don’t hire them. If you’ve already hired them, you can usually fire them and get a new attorney without owing them anything, especially if it’s not too long since the accident.

If you have questions about any of this or want our help in finding the best attorney for you, call us any time at 312-346-5320.

If you want to know if you have an Illinois medical malpractice lawsuit or need an attorney referral, we can help. Since 2001, we have helped thousands of people find the best attorney for their case and recover millions of dollars. Call us at 312-346-5320 to speak with an attorney for free and in confidence.

One thing we’ve always tried to do is be honest with people who contact us. We believe in talking in plain English and being very direct with our opinions. That’s how we want to be treated and what we think is best for people looking for legal guidance.

I loathe attorneys that are full of it. A lot of attorneys will tell people, “You have a great case, I’m just too busy.” That is almost always a lie. Instead of the attorney telling you why they don’t think you have a case, they give you false hope. A couple of years ago, a caller told me that 12 attorneys told her that same lie.

While that is the most common lie Illinois medical malpractice lawyers make, there’s one attorney who is making one that is even worse in my opinion. It’s worse because it’s clearly fraudulent and makes people think he has some special ability.

This attorney tells people that he has won over 98% of the cases that he has accepted. While I’ve never reviewed his case load, I can tell you that this is at best very misleading and most likely a blatant lie (in my opinion).

I say that because in Cook County, which is considered the most plaintiff friendly place in Illinois, for cases that go to trial, the defendants win 80% of the time. On top of that, in typical medical malpractice cases, someone calls you, you go over the facts and then you either say “we can’t help” or “we’d like to investigate the case.” If you are investigating it, you’ve “accepted” it.

From there, you have the case reviewed. First you look at the victim’s medical records internally. Then if it looks like an error may have happened, you have an outside doctor review them. If they think malpractice occurred, you likely file a lawsuit.

The reality though is that quite often, the outside experts say no case. Or you start the lawsuit and new facts emerge that you weren’t aware of and you drop the case. Or a client dies of some other reason which eliminates damages and you drop the case. Or they are a bad witness. Or they disappear. Or something else happens. This happens a lot. Every experience malpractice attorney has stories of clients they thought they could help only to realize the case wasn’t great.

So to claim you’ve won 98% of the time is just BS.  Even if you only count the cases you filed a lawsuit on, to claim you recovered money in 98 out of 100 of them would be unheard of.

Sadly, this attorney doesn’t need to lie. He has had some great results for his clients in the past and he seems to be a very good lawyer. But for whatever reason it appears that someone convinced him or someone else that this marketing trick was a good idea or that they could somehow spin it to be technically true when in reality it isn’t.

This type of deceptive advertising drives me bonkers. It’s really slimy in my opinion and has the potential to harm the client and the legal profession in general.

The honest truth about medical malpractice lawsuits in Illinois is that there are very few slam dunks and almost every case is a marathon, not a sprint. It takes six months or more to properly investigate a case and even if a lawsuit is filed, things can come up that can derail the case.

Bottom line is that if some attorney is bragging in a way that seems too good to be true or makes it seem like they are head and shoulders above every other lawyer out there, it’s probably because they are lying.

See also: Can I Sue For False Advertising?

Everyone wants to hire the “best” lawyer for your case. The reality is that there is no such thing as the best attorney for every case. This is especially true in car accident lawsuits in Illinois. The right lawyer if you are hit by a CTA bus or other commercial vehicle and have a major injury isn’t the right one if you are hit be a teenager with limited insurance and suffer a back strain. The right attorney if you are hit by someone with a $1 million policy may not be the right one if you are hit by someone with no insurance at all. And if you need someone that speaks a foreign language, or is patient with older people or can do a home visit, etc. that may change who is “best” for you.

One way to end up with the best one is knowing who the worst ones are. Attorneys that have been licensed for less than five years will usually not have the experience needed to get the greatest result possible for you. Not to say that they couldn’t, but your chances of success with someone who has 20 or more years under their belt is higher.

Another “worst” attorney to look out or is one that won’t take cases to trial. I was recently talking to a top Chicago personal injury lawyer who wanted me to refer him cases. I asked about his other referral sources and he told me that 1/3 of his case load comes from a lawyer who only settles cases. That means that the attorney will sign up your case and never file a lawsuit. They will try to settle it and if they can’t, at the last minute they’ll refer your case out. So you end up actually being forced to hire some attorney you don’t know and never intended to work with.

This is despicable in my opinion. Quite often in these cases, the best strategy for the client is to file a lawsuit right away. With new rules in Cook County that governs how long a case has to go to trial, filing sooner versus later can create a lot of leverage for you. Some attorneys would rather wait until the two year time limit for suing is almost up. That’s in their best interests, not yours.

So in the end, their clients end up with a new lawyer. That lawyer isn’t going to be up to speed on your case. They won’t know about conversations you’ve had with the firs lawyer on the case. They won’t have been with you every step of the way. It’s not impossible to succeed in that situation but it’s far from ideal.

My suggestion is before you hire a lawyer, ask them how many cases they’ve taken to trial or arbitration in the last five years. Also ask them when they’d file a lawsuit on your case and confirm that they’d do it themselves and not punt you to someone else. If they don’t have a history of trying cases and won’t file the lawsuit, they aren’t the firm you should hire. There is a much better lawyer out there for you and it shouldn’t be hard to find.

If you’d like the input of an attorney as to which lawyer is best for you, you can call us for free any time at 312-346-5320.

We are experienced Illinois medical malpractice lawyers who have helped thousands of people since 2001. If you’d like to speak with a lawyer for free, please contact us at 312-346-5320. We cover all of Illinois and will give you a plain English, honest consultation about your case.

Sadly, there are a number of traumatic birth injuries that afflict newborns. While most people are familiar with cerebral palsy, many have not heard or Klumpke’s palsy, or Klumpke paralysis. Klumpke’s palsy is caused by a birth injury to the baby’s brachial plexus, which is a network of nerves coming out of the spinal cord that starts in the back of the neck and extends to the armpit.

Most types of brachial plexus injuries impact the shoulder and upper arm, and the resulting paralysis affects the movement of the lower arm and hand. Babies with Klumpke’s palsy have difficulty moving their arm, wrist, and hand. Other symptoms include a lack of muscle control so movements are uncoordinated, and a loss of feeling in those areas as if they are “asleep.” In addition, some babies have a droopy eyelid on the opposite side of their face.

The brachial plexus injury and the resulting Klumpke’s palsy can result from a difficult delivery and trauma during childbirth. When a baby is in a typical head down position before birth, but he/she has an arm positioned above the head, the doctor sometimes pulls the baby by the arm from the birth canal. This puts a big strain on the neck and shoulder (and nerves) of the newborn. These brachial plexus injuries are more commonly seen with petite women whose babies have higher birth weights as it is more difficult for the baby to move through a relatively small birth canal. Conversely, it is quite uncommon for an infant delivered by cesarean section to experience Klumpke paralysis.

Klumpke’s palsy is diagnosed at birth after a physical exam. Doctors may conduct x-rays and other tests to determine the extent of the nerve damage. Some babies will have mild symptoms and recover within months. Some will need surgery. Others will unfortunately have some permanent nerve damage.

If you believe that the doctor who delivered your infant (or the infant of a loved one) was negligent and made poor medical decisions that led to a brachial plexus injury and Klumpke’s palsy, please contact us at 312-346-5320. You can tell us the details of what happened, and we can refer you to an experienced attorney.  If the injury was a result of negligence during the delivery, your child can be compensated for their medical bills, pain and suffering, loss of future income and need for future care.

We are experienced personal injury lawyers in Illinois. We can help you find the best attorney for your case. We also offer free guidance including on issues related to what a personal injury lawsuit is worth. If you’d like our help, please call us at 312-346-5320.

Around July of this year, I started making notes of really significant personal injury lawsuit settlements and trial results. By significant, I mean ones that are in the seven figures. A lot of people think that these types of cases happen a lot. The reality is that they don’t, and when they do, nobody has “won the lottery” but instead they are dead or their lives are terribly altered. In almost no case would you switch places with them in order to have the money they got.

I thought it would be helpful for people to see what types of cases lead to multi-million dollar results. Note that one thing these cases have in common aside from catastrophic injuries is that there is a lot of insurance money to pay the award. In other words, you could end up paralyzed after a car accident, but if there’s only $100,000.00 in insurance money, you likely won’t get more than that. It’s an unfair, but true part of our legal system.

In no particular order, here are some the biggest personal injury cases from 2022:

We are experienced Illinois lawyers who will talk to you for free. You can fill out our contact form or call us at 312-346-5320 any time. We cover all of Illinois and promise to give respectful, direct and honest guidance.

Illinois probably has the best laws in the nation when it comes to protecting the rights of injured workers. The Illinois Workers’ Compensation is mostly common sense and worker friendly while still keeping insurance costs down.  In almost every case you are entitled to a settlement at the end of your care. The insurance company doesn’t have to offer one, but a lawyer can usually make it happen or get an award for you at a quick arbitration.

There are other things to know about settling an Illinois work comp case. In no particular order, here are things that you should be thinking about.

– Any settlement is tax free.

– Once you settle your case, you typically close out your rights related to the injury/accident forever. So if you end up missing more work or need more treatment, the work comp insurance wouldn’t have to pay for it.

– Because of that, you should never consider settling your case until you are as good as you are going to get health wise which is known as maximum medical improvement. That doesn’t necessarily mean you are good as new, but that you aren’t going to get any better.  It’s possible that you could need future care down the road or might have to keep taking medication. Those costs should be considered in any settlement that you make. Quite often a side arrangement called a Medicare Set Aside is put in place.

– A Medicare Set Aside happens when it’s anticipated you will need more care down the line for your injury. The insurance company funds an account that should be used to pay for this care. It’s designed to protect the interests of Medicare so they don’t make payments that they shouldn’t. You can control this account and spend it how you choose, but should know that if you don’t use it for your medical bills, you might not have anyone to pay for treatment at a later date if needed.

– We typically recommend that you be back to work and able to do your job without problems for at least a month or two before considering any settlement. The value of your case is in part based on your ability to do your normal work.

– If you can’t return to your old job due to permanent physical restrictions, you can continue to get paid while looking for work within those restrictions. If the only jobs you can find pay much less than what you’d make in your prior job, you could be entitled to wage differential benefits. That is 2/3 of what you would be making in the old job versus what you can make now. For example, if in your old job you made $1,800 a week, but now can only make $1,200 a week, you are entitled to weekly payments of 2/3 of the $600 difference or $400 per week. That is tax free and will continue until you reach 65 or five years, whichever is longer. It also can result in a lump sum settlement for your future wage loss.

– The amount you get for any settlement depends on a lot of things including your wage, the injury you sustained, the treatment you had, your age, the job you can return to, whether or not you have restrictions due to the injury, prior health problems and any defenses the insurance company might have.

– You almost never get the “best offer” with the first offer.

– A settlement can only happen if each side signs contracts and they are approved by an Arbitrator at the Illinois Workers’ Compensation Commission.

– Once a settlement is approved, you typically get paid within 30 days.

– Attorney fees are capped at 20% of the settlement. You almost always will get more with a lawyer than without one. If a settlement offer is made before you hire a lawyer, it can be difficult to get an attorney to take the case and you might get stuck having to take a low value settlement.

– If you don’t like the settlement you can always go to trial and get compensated that way. Trial of course has some risks too but that depends on the strength of your case.

– The bigger the injury, the more important it is to have legal representation. Not only can a good Illinois work comp lawyer prevent problems from occurring during the case, but in the end, having an attorney could literally put hundreds of thousands more in to your pocket.

There’s more to think about, but this is a good start. If you have questions and want a free, confidential consultation, please call us any time.

We get calls every week, unfortunately, about loved ones being abused in a nursing home, rehabilitation center, or long-term care facility. The people being cared for in these facilities are often vulnerable, physically and sometimes mentally. With Covid, there have been a lot of restrictions on visitors that has impacted care. Family members place a lot of trust in the staff at these centers. They trust that the workers will treat their loved ones with dignity and take care of their needs. When that trust is broken and a loved one suffers, it is heartbreaking. And sometimes it’s worthy of a lawsuit or at least talking to an attorney about it.

Abuse at a nursing home, rehab center, or long-term care facility can take many forms. It is not just actively harming a person physically. It can be passive, as in neglecting to provide proper care or ignoring instructions that are specific to that patient. Here are examples of nursing home abuse:

Physical abuse (cuts, scrapes, or bruises resulting from being hit, slapped, etc.). It’s shocking, but true that some staff members can get physical with clients and in other cases, other residents are known to have abuse issues and hurt someone.

Sexual abuse (rape, sexual assault).  We’ve seen this happen to residents by staff members, other residents, security guards and relatives of others in the facility. It should never happen and if it does it’s worth a call to the police and an attorney.

Physical injury from falls that could have been prevented (broken bones or bruises resulting from staff not responding to call buttons, not putting up bed rails). It blows my mind how often this happens. Lack of staffing is a huge contributor, but sometimes workers are just careless and don’t pay attention to simple instructions or put in safeguards to protect those who are fall risks.

Bedsores due to neglect/failure to move or turn a patient.  This is probably the number one call we get which is frustrating because these injuries are very avoidable. If the bedsore (ulcer, pressure sore) is beyond superficial, it’s usually grounds for a good lawsuit.

Medication errors (improper or inadequate use of medications). If this negligence causes an injury, it’s worth having an attorney investigate what happened.

Your loved one may be able to communicate to you the mistreatment that has occurred. You may be able to see the visible signs of it, such as cuts, bruises, and other injuries. Other signs of abuse include mood or personality changes, unexplained or rapid weight loss, and previously unreported health problems.  And sometimes you discover these abuses when the person you care about ends up in the hospital.

If you suspect that your loved one has suffered harm due to the action or inaction of the staff at a nursing home, rehab center, or long-term care facility, call us at 312-346-5320 to speak with a lawyer for free. We cover all of Illinois and have a great track record of helping people in these situations. There is no cost to hire an attorney to sue a nursing home for an injury. All cases are handled on a contingency basis which means we only get paid it you win the case and a recovery is made.

We are experienced Illinois attorneys who help with serious injury cases everywhere in Illinois. Call us at 312-346-5320 to speak with a lawyer for free and find out who is the best Illinois law firm for your case.

We get calls on a regular basis from people who have been injured in Illinois vehicular accidents. One of the first questions we ask is, “What type of vehicle hit you?” What many people don’t know, is that being hit by a semi-truck versus by a car or pickup truck leads to a very different type of case. Here’s why:

1. Tractor-trailer accidents are more complicated because there are usually multiple parties at fault. Often those trucks drive poorly because of maintenance errors or because they are loaded improperly. The parties you end up suing and recovering from may not be known at the scene of the accident
2. The commercial aspects of the case create complexity. The insurance companies that represent trucking companies are very experienced in defending personal injury or wrongful death lawsuits. A lot of trucking companies operate under shell companies. That means a big company will create a lot of smaller companies under the same wing so if something goes wrong they can act like they are a small company. Often it will appear that there is only $1 million in insurance coverage when we discover the bigger company. That leads to a larger settlement.
3. Due to the sheer size and power of an 18-wheeler, the injuries caused by the collision with a truck are often more severe. Not only do you need a lawyer who knows how to investigate these cases, but you also want a law firm with a track record of success with catastrophic injuries such as brain damage, paralysis, life altering back damage, etc.
4. Trucking accidents often require quick investigation. Time is of the essence. The sooner someone on your side is on the scene, the better. In one case we were involved with, a defendant was caught on film attempting to alter the scene of the accident which could have put the whole case in jeopardy. These big companies care about their bottom lines and nothing else.
5. Trucking accidents also may require accident reconstruction. An experienced firm will know the best companies to hire in order to recreate how an accident happened so they can prove negligence to a jury. For example, in one case we are involved with, we believe the evidence shows that a semi truck rolled backwards and caused a death. The accident reconstruction specialist will prove this and the end result of that work can be the difference of literally millions of dollars as well as winning or losing the case.
6. Different/additional driving laws may apply to those with a commercial driver’s license. Commercial drivers have laws as to how many hours in a row they can drive. They are required to keep driving logs. These factors can matter a lot in winning a case.
7. When looking for an attorney for a trucking accident case, your options are more limited. There are roughly ten or fewer Illinois law firms that have demonstrated a strong track record of success in these cases. Almost every personal injury lawyer in Illinois would want you to hire them, but the reality is that so few are truly right for these cases.

There are other things to think about as well. If you’d like a free consultation, please contact us any time.

It’s heartbreaking to think about, but unfortunately, it is a reality. Infants, toddlers, preschoolers, and even older children are hurt or injured at day care. Mothers and fathers put their trust (not to mention their money) in day care centers like KinderCare, La Petite Academy and Kiddie Academy. They expect their children—first and foremost—to be looked after and safe at the end of the day. While most injuries that happen at day cares aren’t intentional, a lot do happen due to negligence and abuse.

This year alone we’ve had five potential clients for injuries at Chicagoland Kinder Care facilities as well as others against various providers. Let’s take a look at how these injuries might happen in day care centers. 

Defects in the Day Care Environment 

Although these centers are designed with children’s safety in mind, there could be defects in the center or defective baby products and toys. A loose floor tile could cause a child to trip and hit their head. A baby may fall out of a bouncy seat that is prone to tipping. That seat may have been recalled by the manufacturer but the day care center neglected to pay attention and remove it. Lots of these facilities have playgrounds and it’s not uncommon for their to be sharp objects on a slide or jungle gym. When the staff isn’t inspecting the property on a regular basis, injuries can happen.

Neglect/Mistakes by the Staff Members 

As every parent knows firsthand, children need constant supervision. Children are curious and obviously can’t gauge whether something they are doing is dangerous or not. Day care staff members are trained and paid to pay attention to what the children are doing and how they are interacting with each other. If a child gets into someone’s purse and mistakes medication for candy, a bad situation can occur. If a child becomes aggressive with another child, and the staff fails to notice or step in, an injury can happen. Perhaps the staff thinks a water balloon fight is a good idea for the older kids at the center. But not all pieces of the broken balloons are picked up and a younger child puts a piece in their mouth and chokes on it.  We’ve seen a lot of cases where generally there is negligent supervision or too many kids and not enough staff. Injuries that occur when that happens usually result in lawsuits.

Abuse by the Staff Members 

Although the employees of child care centers are interviewed, screened and trained to take care of your child/children and never do any harm, we do see situations where staff members intentionally hurt children. The abuse might include pinching, slapping, shaking or hitting a child. Bruises, broken bones, or more severe injuries might result, as well as mental trauma. In some terrible cases there have been instances of sexual abuse by adults on children by staff members. In other instances a non-employee family member of a staff member has been able to roam freely and abuse the kids.

We described a few scenarios above, but there are sadly many other examples. No matter what the cause was, if your child was injured or abused at a day care center, you may be entitled to compensation. We have over 25 years of experience and would be happy to talk to you for free. Call us any time at 312-346-5320 to speak with an attorney at no cost and in confidence.

See also: Daycare injuries in Illinois – You have to know the facts

We are experienced Illinois lawyers for all types of birth injury related claims including those who are born early and suffer an injury after delivery. If you’d like to speak to an attorney for free, call us any time at 800-517-1614.  All calls are free and confidential.

Having a baby can stressful because it’s natural to worry about things that could go wrong. While most labors are “normal,” that is of course not always the case. Some babies have warning signs while in the uterus which caused doctors to recommend they be delivered early. Others just come early naturally.

Premature infants or preemies are known to have a lot of complications. Premature infants are more likely to have immature gastrointestinal systems, resulting in complications such as necrotizing enterocolitis, or NEC. This is a potentially severe condition in which the cells lining the bowel wall are injured/inflamed after the premature babies start feeding. Intestinal tissue gets inflamed, causing it to die.

Many babies fully recover, but others with NEC suffer from lifelong neurological and nutritional complications. Some even die from NEC.  Some preemies who end up with NEC and a bad result due so due to the negligence of doctors and hospitals and/or the products they give your child.

NEC rarely occurs before a baby has been fed. Extensive research has shown that premature babies fed cow milk-based baby formula were at a significantly higher risk of developing NEC than those fed breast milk exclusively. Babies fed a combination of breast milk and formula were also at an elevated risk for NEC compared to those fed breast milk exclusively.

Parents of babies afflicted with NEC have filed medical malpractice lawsuits against the doctors who prescribed cow milk-based baby formulas as well as the formula makesr (i.e., Similac and Enfamil). Currently an increasing number of parents of babies with NEC are filing product liability lawsuits against the formula companies for manufacturing toxic baby formula.

The lawsuits claim that Abbott Laboratories (Similac) and Mead Johnson & Company (Enfamil) knew or should have known about the potential risk associated with their formulas—specifically the component of cow’s milk that could cause NEC, sepsis, and other threats to premature infants.

The plaintiffs also claim that, despite warnings from trusted medical groups, the companies did not take action to learn more about the potential dangers of their products. The lawsuits additionally argue that Abbott Laboratories and Mead Johnson marketed their products as safe and beneficial for preemies despite the potential risks and did not include warnings about NEC as a side effect.

You may be eligible to start a NEC baby formula lawsuit if:
• Your baby was born prematurely;
• Your premature baby was given Enfamil or Similac in the hospital; and
• Your premature infant was diagnosed with necrotizing enterocolitis (NEC), sepsis, meningitis, bowel surgery/amputation, bacterial infection, abnormal bleeding, salmonella or death.

Becoming a plaintiff in a baby formula lawsuit may help you obtain compensation for the cost of your child’s past, present and future medical care, for pain and suffering, and for lost income/diminished earning potential.  If you believe you are eligible to join such a lawsuit, or even if you just want to ask a few questions about your situation, please contact us to speak with a lawyer for free. We will review your case to see what options you may have and connect you with the best attorney for your case.

The most common question that gets asked when someone calls a law firm is “Do I have a case?” To answer that question, the attorney you speak with will ask you a series of questions about the facts of your case.  They don’t want or need every detail, but want you to give them a general idea of what the case is about. In doing so they will have you paint them a picture so they can determine if it’s a case they want to investigate.  Unfortunately, many attorneys aren’t direct in giving potential clients an answer.

Some lawyers will lie and say something like, “You have a great case, but I’m too busy to take it.”  They do this because they are either cowards or wishy washy and worried about getting sued for giving bad advice.

Others will tell you that it’s not a case they handle.  Sometimes that’s true and other times they are afraid to say you don’t have a case.

Fortunately many attorneys will offer their opinion even if it means explaining why your case isn’t a winner.  This is why you came to us, for answers. That doesn’t mean will give you the answer you want, but it means we will tell you what we think. We aren’t the only lawyers out there. We’re not the Judge. All we can do is offer a opinion based on our experience and what we hear from you.

The reality is that while we get it right 99% of the time, no attorney is right all the time. Sometimes the law changes. Sometimes we don’t know what we are talking about. And sometimes someone else looks at a case differently and achieves something incredible.

This happened this year on a medical malpractice lawsuit in Chicago. In the case, a 98 year old woman who lived independently was prescribed Warafin at allegedly triple the appropriate dosage and without proper instructions.  This led to a severe uncontrolled bleeding event that resulted in acute hypoxic respiratory failure and other complications.  She required significant medical treatment and home healthcare.  She ended up dying two years later.

Now that sounds like a sad case, but the reality is that even though she went from mostly independent to needing daily assistance, the life expectancy of a 98 year old is usually weeks and anyone that age could go from independence to needing assistance at a moment’s notice.  In 25 years I’ve never gotten involved with a case for someone this old. Every medical malpractice lawyer I know would have turned this case down. It’s not to excuse the negligence, but the reality is that it appears based on the initial hearing of the facts that you’d likely spend more money than you can recover. That’s based on her age limiting what the case is worth.

The Chicago medical malpractice lawyers I recommend are the best in the business. They are the ones that get most of the leading case results every year.  They would have turned this case and is it turns out it would have been a mistake. The case went to trial and a jury awarded her family $1.3 million in damages. This was a record setting verdict for someone over 90 years old.

The lawyers who handled it were very smart. They didn’t file a wrongful death suit saying her life was cut short because she had already way outlived her life expectancy and survived another two years.  Instead they focused on how her quality of life had diminished.

I asked one of the prestigious attorneys I work with on cases if he would have taken. This is a guy who regularly sets records on these types of cases.  He’s a lawyer insurance companies fear. He said he would have turned it down too. But he also made a great point.  A lot of lawyers are settlement lawyers and not trial lawyers. A trial attorney knows that once you get in to a trial, it’s a daily grind. If the facts are shocking and every witness is against the defendant and the plaintiff is crushing them, it can lead to a great verdict.

I don’t think we’ll all of the sudden see a rush of similar cases, but it does create a data point for other attorneys to use if they get similar facts.  I tip my hat to the very good firm that got this result. For you as a potential plaintiff it’s a valuable lesson to remember that if one attorney doesn’t want your case, there might be another one who does.  We do get it right most of the time, but nobody gets it right every time.

We talk to an average of 10 people a day about Illinois workers’ compensation claims. We hear a lot of the same stories and see a lot of the same insurance companies. By far the one that workers seem to have the most trouble with is Sedgwick.

They are a big company that acts as a third party administrator for big corporate clients. Places like Walmart, Delta, Xerox, Amazon and others use them to process work comp claims. They get these big corporate clients, in my opinion, in part because they do such a good job of not paying people what they are properly owed. And in my experience they lie a lot, and a recent caller to my office proves it.

He was working for one of Sedgwick’s big clients and had to unload product and stock shelves. Doing that caused a repetitive arm injury and a recommendation for surgery from his doctor. Here’s what he said which proved their dishonesty.

Workers comp sent out forms to get me to sign allowing access to my medical records, and I sent it back immediately. As I uploaded the signed forms to Sedgwick site, I saw that my claim was denied before they even got the doctor notes and records.

In other words, the plan was to deny his case no matter what. That happens a lot in workers compensation when there isn’t a specific accident, but instead a problem from working over a period of time. Often there is no sincere interest to learn the truth, but a financial strategy to tell you no regardless of what the facts show or what your doctor thinks.

To them it’s not immoral or gross, it’s just a business strategy. They make money by saving money and from their viewpoint, if you disagree with it, you can hire an attorney. Never mind the fact that they know that many people are trusting or naive about how the law works and will take their word for it. So their business decision can cause you significant financial and/or medical harm.

They of course aren’t the only insurance company that does this, but in my opinion they are the worst one.  The best thing you can do is level the playing field and get an attorney in your corner who is experienced, honest and will be an advocate for you. The good news is that it doesn’t cost anything to hire an Illinois work comp lawyer. If you want to have a free consultation to learn about your rights and options, contact us any time at 312-346-5320. We help everywhere in Illinois.

We are experienced Illinois attorneys who since 2001 have helped thousands of people who are the victims of medical malpractice in Illinois. We thought it would be helpful to provide a basic explanation of what these cases are about and some answers to common questions we have received about Illinois medical negligence lawsuits. If you have any questions or would like to talk with an attorney for free, please call us any time at 312-346-5320.

1. What is a simple explanation of medical malpractice?

Medical malpractice occurs when a doctor or health care provider does not perform their job duties as they should have and a patient is harmed as a result. To bring a lawsuit, a lawyer will want to see negligence that leads to a major injury.

2. How does medical malpractice occur?

When people think of medical malpractice, many envision a doctor making an error during surgery. However, medical malpractice can take many forms:

Failure to diagnose a problem like cancer

Improper treatment or a delay in treatment that causes a harm

Failure to order tests or evaluate the results in a way that causes an injury

Prescription errors

Birth injuries

3. At what stage in life does medical malpractice occur?

Medical malpractice can happen at any point in a person’s life. A baby can have a birth injury due to the negligence of an OB/GYN. A young adult can have a misdiagnosis which leads to a terrible result. An elderly person can have a surgical error. Any of these things can happen to anyone at any time.

4. Why do medical malpractice victims file a lawsuit? What are they hoping to get?

They are filing a lawsuit to get their medical bills paid, to recover lost wages, and to get compensation for the pain and suffering they have endured. These lawsuits are also a way to help prevent similar errors from happening to other people.

5. What is a medical malpractice lawsuit typically worth?

There are too many variables in medical malpractice lawsuits, so there is no “typical” figure. It can be thousands or millions depending on the severity of the injury, the patient’s age (and therefore, lost wages and life expectancy), and the location of the case.

6. Why is it so important to choose the right attorney for a medical malpractice case?

Medical malpractice cases are very complex, and the stakes are high. It is critical to hire a law firm that has the financial resources to bring a complex case to trial. The attorney should also have experience and a track record of success with the type of injury involved.

7. How much of the judgment or settlement does an Illinois medical malpractice law firm keep?
   

By law, the attorney representing you is entitled to receive 33% of what he/she recovers for the client. This contingency fee is their payment for doing all the work required throughout the course of the case. If they don’t win or get a settlement you owe them nothing.

8. How do I know which attorney is the best one for me and my specific case?

That is where we come in. For over 20 years, we have connected people with medical malpractice cases to the best attorney for their specific situation. We know the reputable firms, the ones that get great results for their clients and that are respected in the legal community. Call us at 312-346-5320 to explain your situation and get pointed in the right direction.

See also: Failure To Diagnose Lawsuits In Illinois

It’s not uncommon for me to get a call from someone asking something like, “Who’s the best Chicago personal injury lawyer near me?” The answer to that question really depends on the unique facts of your case and in most cases there are at least a handful of attorneys who could do a great job for you.

I’ve kind of evolved my thinking on who those “best” people are. I’m in my 26th year of practicing law and I’ve seen a lot of great lawyers come and go. Covid has had a big impact on that as well with many attorneys choosing to slow down their practice.  While Cook County has put in rules to speed up cases and force lawsuits to trial sooner, the reality is that for big cases, it’s still common for the lawsuit to drag on.

Recently a very prestigious Chicago personal injury lawyer settled a case for a truck driver who was killed in an accident for $25 million. That’s a tremendous result. The lawsuit itself was started in 2011 when the attorney was 59 years old. Now he’s 70. The case was tried in 2017, overturned on appeal and had it not been settled, probably wouldn’t have been over until next year.

This lawyer is great, but in my opinion the client got very lucky. Eleven years is a really long time and it wouldn’t have been shocking if the attorney had gotten sick, retired or just slowed down his practice and handed this case off to someone else.  He’s extremely capable, but if someone called me today and asked what lawyer has had a lot of success in trucking death cases, I couldn’t recommend him.  That’s because it’s very reasonable to expect that a new lawsuit will take at least five years to resolve and as shown by this other case, it could take much longer.

So when hiring the “best” Illinois attorney for your case, you have to not just think about who’s great now, but who’s likely to be great five years from now. With that in mind, most of the attorneys I recommend are in their 40’s or 50’s. They have incredible track records of success, but realistically speaking there is a much higher chance they will be a part of a thriving law practice five years from now.  That may sound unfair or ageist, but it’s an honest reality of life.

I salute the attorney who got the incredible result for the family he represented in the trucking death case and I hope he can keep it going. But I strongly recommend that when hiring an attorney you think about what they will be like five or 10 years from now and what their firm will be like. If you do that analysis, it will change your idea of who the best one is for your case.

We are experienced Chicago attorneys who help people find the right lawyer for their case anywhere in Illinois. Call us for a free, confidential consultation any time at 312-346-5320.