Injury Cases

A caller to our office was looking for a medical malpractice attorney in Chicago.  They had a routine surgery that itself went well.  For whatever reason, the doctor kept the patient sedated for a couple of days after the surgery. During that time his hand and fingers swelled up.  It’s to be determined what went wrong, we suspect it was an IV error, but the bottom line is he spent days in that condition. Sadly he had to have multiple fingers amputated.

This occurred during peak Covid time when visitors were limited to the hospital. Things are changing at most places, but even if we were to go back to limiting visitors, there’s one pay to prevent a post surgical error like this that shouldn’t happen. Your family and/or friends must advocate for you.

By that I mean if they are in the hospital, they need to talk to the doctors and nurses and ask a lot of questions. If they have concerns they need to raise them. If they see something that appears off, they have to ask about it. You might see bruising and be worried. It could be normal or it could be the sign of a huge problem. I’m sure had his wife or kids seen his hand swollen up so badly, they would have asked a doctor to check on it. Had that been able to happen perhaps his fingers could be saved.

You may feel like doctors always know what they are doing. They don’t or aren’t always monitoring things. They don’t know what “normal” is like for your loved one. You may worry about bothering them. Don’t. You are the customer. You have a right to ask questions.  And you need to do this every day until your loved one is in the clear.

You also need to advocate for yourself when you can.  Of course my caller couldn’t do anything while sedated, but he sure raised an alarm when he came out of it.  Unfortunately it was too late, but at least he tried.  You can do this in pre-operative meetings by asking questions. I had a colonoscopy and raised concerns about my colon being nicked and asked how they check for that. My doctor is great and I’m sure he’d be careful anyway, but I felt good knowing that I had raised that issue in his mind. After the procedure he let me know that they were sure nothing bad happened. Not every doctor is this considerate, but it’s worth raising your fears ahead of time. That doesn’t guarantee a result, but does at least put it out there.

Your advocacy for yourself should continue as long as it’s needed. If your doctor says it’s going to take six months to a year for something to heal and you don’t feel right, get a second opinion. You have to look out for you.

And of course if you suspect a medical error occurred and want to discuss it for free with an attorney, you can contact us any time at 312-346-5320. Time is usually of the essence in these cases and we will try to help you figure out if there is a case at all.

When a person lives in an apartment building, what can they reasonably expect in return for the rent they pay? There are obvious answers to this question. A space in which to live and sleep. Working appliances. A dumpster or cans for their trash. A mail receptacle. Maybe a parking space is included in the rent. If you are lucky it’s not too loud and you can enjoy life. Having great neighbors or making friends is just a bonus for some people.

One thing that may not come to mind right away centers on the safety of the renters in the building. Tenants can expect a basic level of security provided by the building owner and/or property management company. Now that doesn’t mean every building should have a live security guard on duty 24/7, but it does mean that at a minimum, doors to the building should lock properly. If there is a security guard there, they should screen the people who want to come in and out. If the security guards notice something they should act on it. If locks are broken and the owner/management company becomes aware of it, they should fix it in a timely manner

There was a recent case brought by a woman who was sleeping in her Chicago Gold Coast apartment when a man entered and sexually assaulted her. How did the man get into the building in the first place? The victim stated that the man walked into the building through a security door with a malfunctioning lock.

The woman sued the owners of her building, the property management company, and a company that employs maintenance workers at the building. She alleged that tenants had notified the building staff that the deadlock latch on the security door was not working prior to the attack and that their negligence allowed the man to enter the building and then assault her.

The jury returned a verdict in favor of the plaintiff, and she received an award for her pain and suffering, loss of a normal life, and emotional distress. The jury, siding with the woman, made it clear that landlords should have basic, working safety measures in place in their buildings. They awarded her $5.4 million in damages. That is one of the largest verdicts ever for an apartment building attack in Chicago.

Their knowledge of the broken door and failure to act is what made this a case. It likely would have been a different result if the plaintiff couldn’t prove they were aware of it.  It also would have been different if it was a fellow tenant who attacked her, an invited guest of a tenant or someone who broke through a locked door or window to get in. Building owners don’t have to guarantee your safety and aren’t usually responsible when someone beats good faith efforts to keep a building secure.  When they fail to deliver on what they promise you or don’t take reasonable actions to fix problems, that’s when they may be liable.

We have helped a lot of people in the last 21 years who have been attacked in buildings in Chicago and elsewhere in Illinois. Not every case is a winner, but if you have any injury, it’s worth discussing. If you would like to speak with an experienced attorney for free about what happened to you, please call us any time at 312-346-5320.  We can’t promise a result, but do guarantee to treat you like a family member or friend and offer honest advice about what you can do and if you have a case or not.

Medical malpractice occurs when a doctor or other healthcare professional is negligent, deviating from the standards of care in their profession, and causes injury to a patient. The negligence could occur during the diagnosis, treatment/surgery, aftercare, or health management of a patient.  Illinois lawyers who take these cases are typically looking for for negligence that leads to serious injuries.

If you or a relative have suffered from medical malpractice, you will want to file a lawsuit against the doctor, healthcare professional, and/or hospital to get the compensation you deserve for your injuries and to help prevent something similar from happening to another family. Under Illinois law, you have to meet certain conditions first before filing that medical malpractice lawsuit. If those conditions are not met, the court could dismiss your case.

The two perquisites are: 1) the plaintiff’s 622 affidavit of merit, and 2) the report of the reviewing healthcare provider.

622 Affidavit of Merit  

The Illinois Code of Civil Procedure, 735 ILCS 5/2-622, states that a person (plaintiff) alleging medical malpractice and seeking “damages for injuries or death by reason of medical, hospital, or other healing arts malpractice” must file an affidavit stating that they have consulted with a healthcare professional who:

1. Is knowledgeable in the relevant issues involved in the particular action;
2. Practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and
3. Meets the expert witness standards set forth in 735 ILCS 5/8-2501.

In plain English, what happens is the attorney you hire will complete this form. It’s kind of odd because it’s basically just a piece of paper that says they consulted with a doctor who says malpractice occurred.  Then they attach that report.

Written Report from a Healthcare Professional 

Along with the 622 Affidavit, the plaintiff must include a written report from the healthcare professional with whom they consulted. The report includes the healthcare professional’s opinion that there is merit and reasonable cause for filing a lawsuit.

A single written report must be filed for each defendant. If both a doctor and the hospital are believed to be negligent, two reports must be written and submitted.

Oddly although the report is provided, it’s not actually signed by the doctor and doesn’t have their letterhead.  So the doctor/hospital you are suing doesn’t actually know what expert is testifying against them. I’ve certainly heard stories of lawyers who have doctor friends that will provide these reports just to get the cases filed, but won’t serve as expert witnesses if the case proceeds. In other words, they don’t fully believe what they are writing and the lawyer will have to find a different and better expert if they want to get any compensation for their clients.

Your lawyer will find the expert to create this report.  This will happen after months of record review by your attorney, their in house nurse/medical consultants and talking to doctors who are experienced in medical malpractice lawsuits. It’s important to identify the right type of doctor to testify because the goal isn’t to file a lawsuit, the goal is to win the lawsuit.

Why do Illinois courts require the 622 Affidavit and written reports? In theory it’s designed to prevent frivolous lawsuits. If you can’t find a doctor who says the health care provider screwed up, then a lawsuit can’t be filed. In that regard it’s a really good rule. While I’m only interested in the rights of potential plaintiffs, there certainly is an argument that can be made that the expert witnesses should be disclosed right away. Without it, a slimy attorney could theoretically fake an affidavit to get a case filed.  That said, the reality is that these cases are so expensive and so hard to win that most law firms won’t take them on if they don’t think they have merit.

One important thing to know is that the “best” firms in these cases don’t ask their clients to find an expert and they don’t ask their clients to pay for the expert.  If the attorney you hired is asking you to find a doctor to testify, then you either don’t have a case or went to the wrong firm.

We realize that this information is a bit technical and may seem like a lot of legal mumbo jumbo. Feel free to contact us if you’d like to talk through your medical malpractice case. We can discuss the next steps and how an attorney can help at no cost to you. You can speak with a lawyer for free any time at 312-346-5320.

See also: The biggest reason Illinois lawyers get sued for legal malpractice

We are experienced Illinois attorneys who since 2001 have helped hundreds of thousands of people with their legal situations. Call us any time at 312-346-5320 for a free consultation. We help everywhere in Illinois.

Any time there is a police report involving a car accident in Illinois, it will list the vehicles involved.  Most crashes involve two cars and they list one car as vehicle one and the other as vehicle two. That might not seem relevant, but it’s quite often the most important part of any car accident lawsuit in Illinois.

On these reports, vehicle one is typically listing the person who the police officer on the scene believes is at fault.  That usually involves them getting a ticket, but doesn’t have to. There will also be a written statement as to what happened and what citations were given, but generally speaking, if you are listed as vehicle two, you’ll have a right to sue the other person. And if you are listed as vehicle one, the officer is saying it was your fault.

Of course in most cases the police officers don’t directly witness these accidents and make their reports based on the statements of the parties. And for many of them, they don’t really care if they get it right or not. It’s paperwork and cops don’t love paperwork.  So if you get hit by someone and end up getting taken away by ambulance, it’s not unusual for the crash scene officer to just take the word of the person that ran in to you. If that person lies, you’ll be listed at fault if you didn’t get a chance to tell your side of the story.

I’m noticing these types of errors more and more recently. In one case, a young kid ran a stop sign and slammed in to a woman’s vehicle who had the right away. She was taken away from the scene in an ambulance with severe injuries. The young kid lied about where he was coming from and she ended up with the ticket. Fortunately video proved that she wasn’t at fault.

The most important thing to remember is that while being listed at fault on the police report is a hurdle, it’s not one that you can’t overcome.  An experienced car accident attorney will investigate the damage on your car, seek out witness statements, search for video recordings, etc. If the damage to your vehicle is at your back bumper, that doesn’t make your case a slam dunk, but can go a long way toward showing that what you are saying happened is the truth. In some cases we can get police officers to amend their reports.

This of course can be very frustrating when you know you weren’t at fault.  The opposing insurance company not only will use it as a reason to deny you payment, but will also go after you. My advice is to not panic. Just get an attorney in your corner who knows what they are doing and has a track record of success to prove it. If you would like a referral to lawyer who handles car accident injury cases, please contact us any time.

If you are in a car accident or looking to sue a doctor and do an internet search for “personal injury lawyers,” you will come up with thousands of law firms and attorneys who say they can help you. If you don’t know who is who, it can be really confusing to figure out who to hire.

One thing you should know if you’ve been in a serious accident is that there are certain types of injury lawyers that are better than others for every case.  If you’ve been in a car accident and have $15,000.00 in medical bills, hiring a lawyer who regularly handles major trucking crash injuries would not be a good idea.  And if you have a very serious injury case such as a death, something that required surgeries, etc., hiring a law firm that usually handles smaller cases would not be a great idea.

The bigger firm cases will usually turn down your case if it’s too small or refer you elsewhere. Most firms that don’t regularly handle seven-figure cases though will act like they do if your case is catastrophic and could be worth a lot. They want to make money and some will sadly do what’s best for them and not best for you.  So how do you avoid hiring the wrong firm if you have a potential seven-figure case?

One great question you can ask is, “How many seven-figure cases have you tried or settled in the last five years?” It’s a really direct and relevant question.  There’s no magic number answer, but if you ask it to a few different firms and one says zero, another says two, and the third says 15, it’s a really strong indicator as to who is used to dealing with high-value cases and who isn’t.

Some of these less accomplished attorneys who don’t have the track record you should want will try to tell you that they are great trial attorneys. That may be true for the cases that they usually handle, but you don’t want them getting their first experience with a major case while representing you.  You also don’t want a firm to feel pressure to settle a case for $3 million when it may be worth $15 million.

In many ways, figuring out who to hire is like realizing that just because someone can run a five-person business doesn’t mean that they could be CEO of United Airlines or some major corporation like that.  There is a huge difference between running a five-person company and a 100 person company and a 10,000 employee company.  The skillset for each is way different which is why you see these companies bring in new people with experience as they grow.

The same idea is true when it comes to hiring a lawyer. The small case attorney might fantasize that they could do well with a big case and they might be right. But more likely than not your best chance of success comes from a law firm that can really show a track record of winning these cases and getting the best results possible.

If you have any questions or want our lawyers to refer you to the best personal injury law firm for your case, please call for free at any time at 312-346-5320.

We are lawyers who will talk to you for free and give you a referral to the best attorney for your situation. Call us any time at 312-346-5320 to discuss your case. 

When you are hurt on the job in Illinois, and your doctor takes you off work (or gives you restrictions that your job can’t accommodate), you are entitled to temporary total disability benefits or TTD.  This is 2/3 of your average weekly wage, tax-free.  This is of course very important because this money allows you to survive while you focus on getting healthy.

Sadly, many injured workers in Illinois have to deal with shady insurance companies. They are looking for a way to not pay you your owed benefits and sometimes do it in an illegal manner.  So what do you do when your check is constantly late or stops showing up without any reason?

The first thing to know is that you are not alone. This is a common insurance company tactic when it comes to IL work comp benefits. They want to frustrate you so you’ll go against your doctor’s advice and return to work before it’s safe to do so. They know that many people live paycheck to paycheck and if they squeeze you just enough that you’ll do things against your best interests. It’s a real scummy thing for them to do, but to them, it’s just business.

The way to solve this problem is for a lawyer to file what is called a 19(b) petition for an immediate hearing.  It’s essentially a trial motion that says benefits are being improperly denied and allows you to jump ahead of other cases that want a trial and get before an arbitrator. While not every case needs a lawyer, when your benefits are delayed, you certainly do.  And having an attorney on the case before a problem happens not only acts as a deterrent to bad behavior by the insurance company but also gets you into court faster.

When the insurance company is really acting in bad faith, we can also file what is called a petition for penalties and fees. You’ve probably heard the term “punitive damages.” This isn’t that, but it’s similar in that the insurance company can be forced to pay you extra money and your lawyer fees for acting so inappropriately.

The point is that when an insurance company is being aggressive to you, you need a lawyer in your corner who will be aggressive back. A good Illinois work injury law firm uses the law to make sure their clients don’t get taken advantage of. In fact, even just the filing of these motions is often enough to get the insurance company to back down. If they don’t, they know they’ll lose and also waste a lot of money on a defense attorney to fight a case they have no defense against.

Beyond that, when your checks are late, experienced attorneys who deal with the same insurance companies and insurance adjusters all of the time, often have relationships where an email or phone call can get results.

In sum, if your TTD checks are late, don’t panic, but also look out for yourself. There are solutions to these problems that can work for you.

I hope this helps. If you have any questions or want to speak to a lawyer, get in touch with us any time.  We cover all of Illinois.

We are experienced Illinois attorneys who since 2001 have helped tens of thousands of people with their cases. If you would like to speak to a lawyer for free to see if you have a case, call us any time at 312-346-5320.

There is nothing more exciting in life than seeing your child be born. It comes with hopes, fears, a bit of nervousness, and a lot of joy.  Most births go smoothly, but occasionally there are problems. Some are unavoidable due to genetics. Others happen from hospital errors and at times this leads to a birth injury lawsuit.

One rare, but very serious birth injury involves something called kernicterus.  To understand that though, you must know about jaundice first.

What is Jaundice?

Most people have heard the term “jaundice” in relation to newborn babies. Jaundice occurs when a chemical called bilirubin builds up in the baby’s blood. Bilirubin is a yellow substance your body creates when red blood cells break down.

When the mother is pregnant, her liver gets rid of the bilirubin for the baby; however, once the baby is born, his/her own liver has to remove the bilirubin. In some babies, particularly premature ones, the liver might not be developed enough to effectively get rid of the bilirubin. In these cases, the baby’s skin and whites of their eyes may appear yellow. Jaundice refers to this yellow discoloration.

Signs and Symptoms of Jaundice

Jaundice is common. About 60% of all babies have it. The main sign of infant jaundice, the yellowing of the skin and the whites of the eyes, usually appears between the third and fifth day after birth. Jaundice typically appears on the face of the infant first, then it moves to the chest, belly, arms, and legs as the bilirubin levels increase. Jaundice can be harder to see in babies with darker skin color.

Symptoms of jaundice, aside from the change in coloring, include the baby:

• being hard to wake up, or conversely, not sleeping at all
• not breastfeeding or sucking from a bottle well
• being very fussy, having high-pitched cries
• not having enough wet or dirty diapers.

Diagnosis and Treatment of Jaundice

The baby’s doctor or nurse can check how much bilirubin is in the baby’s blood by using a light meter that is put on the baby’s head. If the level is high, the doctor or nurse will likely order a blood test. Typically, a small blood sample from the baby’s heel is taken to obtain a total serum bilirubin level.

Jaundice is easily treated. The baby will be undressed and put under special lights that do not hurt the baby. This can be done in a hospital or even at home. The baby’s milk intake may also need to be increased. In cases of very high bilirubin levels, a blood transfusion may be needed.

What is Kernicterus?

No baby should develop brain damage from untreated jaundice. However, this is sadly not always the case. When severe jaundice goes untreated for too long, it can cause a type of brain damage called kernicterus.  Affected infants may experience respiratory distress, muscle spasms (including those in which the head and heels are bent backward and the body bows forward), and diminished muscle tone.

As infants with kernicterus get older (about the age of 3 or 4), other symptoms may develop, including:

• delayed motor development or abnormal motions
• convulsions or seizures
• muscle rigidity resulting in muscle spasms
• slow, involuntary, writhing movements of the limbs or entire body
• hearing loss
• problems with vision
• difficulty speaking

What Should I Do If I Suspect My Baby Has Kernicterus?

If your child has been diagnosed with kernicterus, or if you suspect that they might have kernicterus, you need to get with a top pediatrician right away. They will test for bilirubin levels and try to reduce them before brain damage becomes permanent in your child.  This is also done with light therapy.  It’s really important that the baby be treated quickly.  You can’t reverse the damage that has been done, but you can stop it from getting worse.

Finally, if your child does have kernicterus, you should speak to an experienced birth injury attorney. It’s possible the doctors or their staff dropped the ball and failed to prevent this often treatable problem from getting worse. Depending on whether or not any Federally funded doctors were involved, you may have as little as two years from the birth to file a lawsuit (up to eight years in other cases) so time is of the essence.

If you would like to speak to a lawyer for free to see if you might have a case, please contact us any time. All calls are confidential and require no commitment on your part.

We are experienced attorneys who will speak with you for free. Call our office at 800-517-1614 or fill out our contact form and we will call you.

At first glance, workers’ compensation seems like a straightforward concept. If an employee gets hurt at work, they should get money to pay for their medical care and time off of work. But in reality, it is quite often not that clear cut. Workers’ compensation claims in Illinois can be very complex. The specifics regarding the accident, injury, and resulting medical care are critical. Details matter.

We get calls, chats and emails every day from people asking, “Do I have a workers’ compensation case?” Here are some of the questions we ask to determine if they do or don’t have a case.

Where were you injured? We need to know the exact location. In what city and state did the injury occur? We are Illinois lawyers, so we need to verify that the injury occurred in the state of Illinois. However, if you were traveling for work in a location outside of Illinois, but your employer is based in Illinois, you might still have a case. Another reason why we need to know the city/county is because the best attorney for a workers’ compensation case in the city of Chicago might not be the best attorney for a workers’ compensation case in Decatur or Belleville.  Things have changed a bit with online hearings due to Covid, but we still take in to account how many cases a lawyer has in your area before recommending them.

How were you hurt at work? What is your injury?We always ask for the details of the injury. Tell us exactly what happened. Was it a repetitive motion injury (e.g., carpal tunnel syndrome)? Or was it a singular accident (e.g., strained back while lifting a box, slip and fall, incident involving machinery or a vehicle)? Falls at work have to usually be the result of some risk such as a wet floor, running to a meeting, etc.  A pre-existing condition doesn’t bar you from bringing a case, but could be a possible defense. Facts matter.

When did the accident occur?There are statutes of limitations for workers’ compensation claims in Illinois:  three years from the accident date or two years from the last payment of compensation, whichever is longer. If you don’t formally file a case in time, it will be barred.

Have you reported the injury to your boss/employer?This is critical and seems like a no-brainer. But some people say, “I like my boss and company. I didn’t report it because I don’t want to sue them.” A workers’ compensation case is a claim against your employer’s insurance, you wouldn’t be suing them. You have to report your injury on a timely basis. If not done within 45 days of when you knew or should have known you sustained a work injury, you can lose your rights.

Have you gotten medical care?A big piece of a workers’ compensation claim is proving that you are, indeed, injured. The way to do that is to see a doctor, explain what happened and proceed with the care/treatment plan that they recommend.

The bottom line is, day in and day out, we communicate with people who have work injuries. Since 2001, we have helped tens of thousands of people with workers comp questions. We can tell you rather quickly whether or not you have a case worth pursuing and recommend the best lawyer for your case.. If you would like to talk to an attorney for free about a possible case, please call us any time at 312-346-5320 or fill out our contact form and we will call you.

See also: Carpal Tunnel Syndrome and Illinois workers’ compensation claims

We are Illinois attorneys who since 2001 have been providing free guidance and attorney referrals to anyone who reaches out to us, including for workers compensation claims, where we have helped tens of thousands of people. Call us for FREE at 312-346-5320 or fill out our contact form and we will call you.

Usually the most straight forward Illinois work comp cases are ones that happen in a single instance. For example, you are walking down the hallway at work and slip on a wet floor.  You put your arm out to catch yourself and break your wrist when you hit the ground. That is a hard case for the insurance company to fight (not that they won’t look for reasons to deny your case. They will).

Not every case is like that of course. Quite often the bodies of injured workers break down due to repetitive work over time.  You can lift something once and throw out your back, but more often it’s the act of lifting heavy stuff day after day that causes an injury.  In general, when an employer has you doing the same thing over and over, especially if it can put stress on a body part, this puts you at risk.

This is really common for factory workers in Illinois. When you are an assembler, unless you have a smart and caring employer, you are often doing the same activity thousands of times.  Over a period of months or years, it’s not uncommon at all to have a serious injury from those job duties.

In a recent case decided at the Illinois Workers’ Compensation Commission, an assembler had to regularly lift, carry, push and pull up to 50 pounds as well as handle and grip tools to assemble products. He developed elbow and wrist pain that he thought was due to repetitive lifting, twisting and turning at work. He sought medical care and was diagnosed with carpal tunnel syndrome and elbow arthritis.

The insurance company fought this case because there wasn’t a specific injury.  It’s typical insurance company BS.  The Arbitrator found in his favor because he had consistently done the same work of large valve assembly for seven years.

The lesson to learn from this and other cases is that your case will likely be fought, but it’s winnable. The way this worker one was through medical evidence and credible, detailed testimony. He didn’t just say that he was an assembler at a factory. He gave a very detailed description of what his job duties were both to the Arbitrator and his doctors.  This knowledge made the opinion of the treating doctor that the injuries were work related much more credible.  He then backed it up by having a senior supervisor testify as to what the job duties were. Essentially he created irrefutable evidence.

The bottom line is that you need a trial attorney who is experienced and has a track record to win these cases. They will prepare you and put you in a position to win. In this case, getting the right attorney was literally worth tens of thousands of dollars.

If you have questions about Illinois workers’ compensation law or want an attorney recommendation, please contact us at any time.

If you would like to speak to an experienced injury attorney for free, please call us at 312-346-5320 or fill out our contact form and we will call you.

Here’s something that most people who hire personal injury attorneys in Illinois don’t know. You can fire them if they aren’t doing a good job.  Now you probably shouldn’t do this without having a new firm in place, but if your lawyer has created the impression that once they are hired you can’t get rid of them, they are lying.

So when should you fire your attorney?

For me, if in the first six or so months on a case, there are clear customer service issues, it’s a huge red flag that you hired the wrong firm.  If they aren’t calling you back or not doing what they said they would do, that’s a huge problem.  It’s often predictive that you won’t be happy with them when the case is done and will realize you would have ended up with more money elsewhere.

The biggest worry callers have is that they will owe this bad firm money. In almost every case, if they haven’t filed a lawsuit or obtained a settlement offer, they will get nothing. And even when they’ve done some work, typically the new attorney will end up splitting their fee with the first firm. In other words, it almost never costs you anything to switch although you should of course discuss this with the new firm before you hire them.

I’ve been told that some law firms add clauses to their client contracts that state you can’t get rid of them. Those contracts are illegal and not enforceable even if you’ve signed them.

The reality is that most personal injury law firms in Chicago do a good job and don’t lose clients. We get calls from clients of many of the bad ones. There is one notorious firm that advertises a ton, but then their clients discover that not only are the lawyers in the ads not in Illinois, but they also aren’t even licensed here! They hire local attorneys to handle their cases, but the consumer isn’t getting what they really thought they were. To top it off, I’ve been told that they try to take 40% of what they recover which is insane to me.

Another infamous Chicago injury lawyer has relocated to Florida and has their staff allegedly fax down all information about their cases. Nothing reportedly can happen without their say-so. This of course slows down the case speed and is a prime example of not great service. Needless to say, many of their clients aren’t happy because they can’t get answers.

The other type of call we get a lot is from someone who got into a car accident or had some other injury and they hired a lawyer they used for a divorce, real estate closing, or something not related to injuries at all. That lawyer assures them that they can handle the case. In many instances, the attorney is just thinking of themselves and thinks they can make an easy buck by taking on a case they aren’t qualified to handle.  These cases are much harder than they seem and can involve unique issues like medical liens, hidden insurance, bogus denials, etc.  Before you hire an attorney for an accident, you should ask them how many personal injury lawsuits they’ve filed in the last five years. If the answer isn’t in the hundreds or thousands, you are at the wrong place. And if you realize they are in over their head, you can and should get rid of them.

Bottom line is that it’s your case and your life. You have to do what is best for you and that means getting the best representation possible.  And if that requires you to fire one firm to get another then so be it.

See also: A Secret About Chicago Personal Injury Lawyers

I won’t forget the first day of law school. Honestly not much has stuck with me from most of my classes, but on my first day, a professor pointed out everything that is, or could be, a tort. Walking across the street? That can be a tort.  Driving a car? Tort. Entering a store, working a construction site, eating food?  All of these case be torts. Taking that class in law school made me paranoid and changed the way I looked at the world.

The reason for that paranoia is because a tort can be defined (very informally) as all the crazy/bad stuff that you can possibly imagine happening to someone.

The formal definition of a tort is a civil wrong for which a remedy may be obtained, usually in the form of damages. A civil wrong is a wrong committed against an individual, whereas a crime is a wrong committed against the state.  In plain English this typically means bringing a personal injury lawsuit.

There are four elements to every tort case: duty, breach of duty, causation and injury. In order to have a strong tort lawsuit, there must have been a breach of duty made by the defendant against the plaintiff, which resulted in an injury.

The law of tort protects the rights and freedoms of individuals, as well as their property and reputations. The basic principles of tort law are similar across all states. However, the exact law/rules are determined in each state.

If a plaintiff wins a tort case, the remedies should place him/her (the injured party) in the position he/she was in prior to the tort. Punitive damages are also a possibility to punish extremely reckless or malicious behavior. Basically this means that you should expect to be compensated for your loss. If it’s a car accident that would mean payment for medical bills as well as pain and suffering.

It is very important to hire an experienced attorney who knows the ins and outs of tort law and has demonstrated success in making a great recovery for clients who have similar cases to you. In other words, you don’t just want to hire “the best tort lawyer in Illinois” but instead the best one for what you are dealing with.

Cost wise, a tort lawyer should work on a contingency basis, meaning you don’t pay them a dime out of pocket. They only get compensated if they help you win your case. Some attorneys will seek a fee as high as 40% of the damages they recover. We generally tell people to avoid those lawyers and work with ones who have a fee of 33% which is more typical. Of course since attorneys only get paid if they win, they will want to get involved in a case where you are likely to make a recovery that is worth their while.

If you have any questions about Illinois tort law or would like to speak with an experienced lawyer for free, you can call us any time at 312-346-5320.

One thing that is true about dealing with insurance companies is that they are not looking out for you. Whether it’s your health insurance, car insurance or something else, the main goal of the company is to limit how much they pay on your behalf.  Sometimes they will tell fantastic lies to further their ends.  I heard a real doozy recently from an injured Illinois worker.

This very nice woman had broken her arm.  She regularly worked 60 hours a week, but was only getting work comp benefits based on a 40 hour work week. When she asked about the extra pay, she was told (wrongly) that overtime isn’t included in work comp payments.  She responded by saying that she wanted to ask a lawyer if this was true and the adjuster went off on her. “If you get a lawyer that will make the case drag on for two more years and they’ll take your money!”

Both of those things aren’t true. First off, the length of a case depends on your medical recovery. The only time getting a lawyer makes it last longer is if you are getting screwed over and we go to arbitration to get you tens of thousands that you are missing out on.  In most cases having a lawyer makes things go faster because we stop the insurance company from playing games and allow you to focus on your health.

As for the second lie, attorney fees in Illinois work comp cases are capped at 20% of what is recovered for your settlement or trial verdict.  In almost every case, you end up with more money by getting a lawyer than if you didn’t have one, even after the 20% fee.  This is a common insurance company lie to try and screw you out of money that they owe you.

This isn’t a one off situation. It happens all of the time.  Later the same day I got a call from an Amazon worker who was dealing with their insurance company, Sedgwick. Whoever she talked to told her that there had been a “global settlement” of their work comp cases and that she had been allotted a certain amount to resolve her case. It was basically implied that all of the cases were getting settled together and that this worker had to take what was a low ball offer.

This was a lie I’d never heard before, but it’s absurd. Work comp cases aren’t class actions. Everyone’s case is their own and you don’t have to take less because all of the cases are resolving at once. They aren’t doing that. Your case settles whenever it’s ready and you get paid whatever it’s worth. Or at least that’s how it’s supposed to work. Their lies might try to avoid that, but if you know your rights you won’t fall for their tricks.

The bottom line is that generally speaking insurance companies don’t look out for you and shouldn’t be trusted. Even when they are nice, they have an agenda, so be careful.

If you would like to speak to an experienced Illinois lawyer for free, call us any time at 800-517-1614.  We help with cases everywhere in Illinois.

The most common question that gets asked in any Illinois personal injury lawsuit is, “What is my case worth?” I get it. People want to know how they will be compensated for the pain and agony they’ve gone through.

Most cases just aren’t worth that much. There are two reasons for that.  The first is that your injuries are small. If you get hit by a car and need a month of physical therapy, that case has value, but not much.  In other cases you might have significant damages, but if there is only $50,000.00 worth of insurance out there, that’s likely all you will get.

In some cases though there is a really significant injury or death and there is large or unlimited insurance because the defendant is a corporation or some other entity that is heavily insured. Think of a situation like an airplane crash or if a CTA bus driver ran a red light. A major airline or the City of Chicago can pay out any award made by a jury.

So how do you get a multi-million dollar settlement or trial verdict.  There are a bunch of factors, some obvious and others not so obvious.

1. Big damages. As discussed, you can get hit by a drunk driving bus driver, but if your injuries are small, the value of the case is small.
2. Strong liability. You might become paralyzed during a surgery, but if you can’t prove it was due to medical negligence, the chances of recovery aren’t great.
3. Who your lawyer is. This ultimately becomes the biggest factor. There’s a reason why a handful of law firms in Illinois get the biggest results year in and year out.  And there are so many reasons why a case is worth more in the hands of certain lawyers than it is in others.

• These lawyers have a track record of success, so the insurance company assumes a bigger potential loss which increases room to negotiate.
• These firms know how to properly investigate cases.  If you are in a truck crash or industrial accident, it’s important to have the scene examined ASAP.  They’ve done this many times before and have experts on call to get the job done. This initial work can ultimately be the difference of millions of dollars in the end.
• They know how to find hidden insurance. Many trucking companies operate shell companies in order to make it appear as if their trucks are small companies when really they are a subsidiary of a much larger company. Inexperienced lawyers might tell you that there is only a $1 million insurance policy when in fact there is ten times that out there.
• They have trial skills for bigger cases.  If there is a catastrophic injury it often is a complex case which could mean a two week or more trial as lots of experts will need to testify.  That is way different than handling a car accident trial that lasts a day.
• They have money to finance these cases. Getting experts costs money.  Creating videos that show what a victim’s life is like now cost money. Those things are investments in your case in order to greatly increase the value of your case. But they aren’t cheap. It’s not unusual for a lawyer to spend $300,000.00 of their own money with no guarantee of a payback if you don’t win. Firms that haven’t won these cases many times before can’t afford to do that.  The ones that can make your case worth more money.
• They know the best experts.  The best experts want to work with the best firms.  All of this increases your case value.
• They are able to turn down a large offer when they know your case is worth more. $5 million is a huge case result. But if the case is really worth $10 million, settling for five would be a bad idea. Some lawyers can’t risk losing the fee they’d get from a $5 million case and won’t have the guts to tell you to not take it. An experienced, successful lawyer will only act in your best interests even if settling would still get them a great fee.

The point to take away is that if your case could be worth millions, there are about ten firms in Illinois where having them makes the case worth significantly more than if you get a less reputable law firm. If you would like our recommendation as to the best Illinois personal injury law firm for you, please contact us for free at 312-346-5320. We help with legal advice and attorney referrals everywhere in Illinois.

There isn’t a much more exciting event than the delivery of your child.  There are so many unknowns and such an anticipation of joy. Usually things go very smoothly, but unfortunately that isn’t always the case.  We have helped thousands of people investigate possible medical malpractice lawsuits in Illinois for birth injuries. While not every injury is a lawsuit, every serious injury is worth investigating. These are the six most common ones that lead to lawsuits being filed against doctors, nurses and/or hospitals.

Cerebral Palsy

Cerebral palsy (CP) is a group of disorders that impairs movement and affects muscle tone or posture. CP is caused by damage that occurs to the developing brain, sometimes during birth. People with CP may experience stiff muscles and exaggerated reflexes (spasticity), variations in muscle tone, and/or lack of balance and muscle coordination, among other symptoms.  When the flow of oxygen to the baby’s brain is interrupted during childbirth, cells in the brain quickly begin to die. This is what eventually leads to cerebral palsy.  These damages can be catastrophic and turn an otherwise healthy child in to someone who needs a lifetime of care.

Shoulder Dystocia

In a full-term or post-term pregnancy when the baby is very big, they might be too big to go safely through the birth canal. The OBGYN should recognize this and perform a C-section. If they don’t, the baby’s shoulder might be wedged behind the mother’s pelvic bone. The doctor may use excessive pressure or force to dislodge the baby’s shoulder, leading to a shoulder dystocia injury.

Brachial Plexus Injuries (Erb’s Palsy)

The brachial plexus is the network of nerves that sends signals from your spinal cord to your shoulder, arm, and hand. A brachial plexus injury occurs when these nerves are stretched, compressed, or torn from the spinal cord. Newborns can suffer from brachial plexus injuries, often associated with high birth weight, breech position, or prolonged labor. If an infant’s shoulders get stuck within the birth canal, there is a higher risk of brachial plexus palsy.  While sometimes these injuries get better, quite often it can lead to years of physical therapy and a lifetime of complications.

Skull/Bone Fractures
When a baby becomes stuck during delivery, the OBGYN must deliver the baby quickly. Sometimes this results in the doctor pulling too harshly or being too aggressive while using birth-assistance tools, which may lead to a skull fracture or fractured clavicle. A doctor or nurse dropping a baby shortly after birth may also be a cause of a skull or other bone fracture, but that is less common.  What you should know is that fractures are not an expected outcome of most deliveries so if your child has one it should be investigated by a lawyer.

Facial Paralysis

During labor or birth, sometimes when forceps are used for delivery, pressure on a baby’s face may injure the facial nerve. This injury is evident when the baby cries. There is no movement on the side of the face with the injury, and the baby can’t close their eye. The paralysis may improve in a few weeks if the nerve was only bruised. However, if the nerve was torn, surgery may be necessary.  Whether or not a lawsuit is worth pursuing usually comes down to the recovery made by the child.

Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage caused by oxygen deprivation and limited blood flow during or near the time of birth. Other terms used for HIE include birth asphyxia, perinatal asphyxia, and neonatal encephalopathy. In some cases, therapeutic hypothermia given very quickly after the injury may prevent or minimize permanent brain damage. However, with or without that treatment, many infants with HIE develop permanent disorders including cerebral palsy, cognitive disabilities, epilepsy, and others. The largest birth injury lawsuit we’ve ever been involved in came from a HIE case where fetal monitoring strips failed.

Note that while in most cases you have eight years to sue whoever was negligent for a birth injury, it can be as little as two years from when it happened in some cases such as if your doctor was provided through a Federally funded clinic. It’s possible you won’t know that they are so we highly recommend talking to a lawyer as soon as you are aware of an injury. If you would like to speak to an experienced attorney for FREE, please call us any time at 312-346-5320.

It used to primarily be that if you had a job that was your only job.  You’d work 9 to 5 and go home to your life.  That’s certainly not how things are now. We are in the era of grinding and it’s not uncommon for people to have two or even three jobs.

If you are injured while working in Illinois and have more than one job, that could be a huge factor in your case.   Your payments for time off work and any settlement are based on what your wages are.  So if you have two jobs, you’ll want to make sure that your pay from both is included. That’s not automatic and there are other things you really need to know if you are in that situation. Here are some big ones:

1. Let’s say you primarily work at FedEx, but have a part time job tending bar. If you get hurt at FedEx and want your second job income to be included in your work comp claim, you have to show that FedEx was aware of that other job. If they weren’t, those wages won’t get included nor would they if they told you that you can’t have a second job and you did it any way.

2. The same would be true if you were hurt on your part time job.

3. If they are aware of your other job then both wages should be calculated in paying your time off work (temporary total disability benefits or TTD).

4. If you are hurt on job #1, but can work job #2, your TTD payments would only be based on your inability to work job #1, but both wages would be used in calculating your settlement rate.

5. If you are hurt on job #1 but can still do that job, but not job #2, you should get partial TTD payments for your loss from that job.

6. If you are hurt on job #1 and can work only job #2, you need to be very sure that the job you can work won’t make your injury worse. If it does then it could screw up your work comp claim.  Let’s say your main job is in a factory and you can’t work that job because it requires lifting over 20 pounds.  If your second job is at a grocery store and they say you won’t have to lift more than 20 pounds, if your injury gets worse from the lifting you can do, it will screw things up. So in most cases I’d suggest you only work a really sedentary job if you have serious restrictions.

7. When it comes to settlement time, it’s important to consider how your injury will affect both jobs and your ability to work in the future. Failure to do this correctly could cost you tens or hundreds of thousands of dollars.

These are some of the main things to consider, but there are others as well. If you’d like to speak with an experienced attorney for free, please contact us any time at 312-346-5320. We cover all of Illinois.

There is a really bad Chicago personal injury law firm that I recently saw advertising looking for a lawyer with at least two years of experience to handle injury cases. First off, if you are in an accident, you don’t want a lawyer with only two years of experience on your case. The lawyer fee is the same no matter which attorney handles your case.  So you are better off with someone who has experience and not much to learn represent you.

Second, my very educated guess is that this job posting is in response to an order from the Chief Judge of Cook County.  It was ruled earlier this year that all personal injury cases estimated to be worth less than $50,000.00 are required to go to mandatory arbitration.  This is in part because of the huge back load of cases due to trials being delayed by Covid.

What this means is that there about to be a ton of hearings and a lot of these high volume, crappy Chicago law firms are not going to be able to handle them. So they may have a need to hire lawyers and throw them in to the fire on cases they aren’t familiar with. In other words, some people who have been dealing with one attorney for months or years are about to have their fate decided by a lawyer they’ve never spoken to.

Good car accident attorneys keep their case volume manageable and don’t take every case that walks through the door.  A lot of these law firms that heavily advertise and take almost any case that comes through the door are about to have a lot of unhappy clients.

Mandatory arbitration requires you to accept what the arbitrators decide or risk that if you go to trial and do worse you will have to pay the fees of the defendant’s lawyers. In other words, you are almost surely going to have to accept the arbitration result.

Arbitration is like a trial. You will testify. There is evidence. It’s really important that you have an attorney who knows your case and is not only prepared for the hearing, but also prepares you.   While bad execution at arbitration won’t cost you hundreds of thousands, it could be the difference between $50,000 and nothing.

My advice to you is that you need to insist on an experienced lawyer to handle your case and if the firm you hired won’t provide one, you probably need to find a new attorney before it’s too late.

If you have any questions or want to speak with a lawyer for free, contact us any time in confidence at 312-346-5320.

See also: Diminished Value In Illinois Car Accident Cases

We are experienced Chicago attorneys who help people find the best lawyer for their case, for free. We cover all of Illinois. If you would like our help, fill out our contact form or call us at 312-346-5320.

It’s no surprise that, when people call us looking for a referral to an attorney, they often ask for the best lawyer nearby. We especially hear this from people who are calling to sue after a car accident. “Who is the best car accident attorney near me?”

The driver, and possibly the passengers, have likely suffered some injuries. Often their vehicle has been towed away for repairs, or it is a total loss. So not only do they want a highly competent attorney who has an excellent track record on car accident cases, but they also want a lawyer close to their home, because they think that they will need to go to the lawyer’s office several times over the course of the case. And they now may not have access to their car, their main method of transportation.

But in reality, there is no one “best attorney” for every car accident case. In addition, whether or not the law firm’s office is within a 5-mile radius of you should not be the most important factor for who you hire. Here’s why.

The “Best” Car Accident Attorney

The best car accident attorney for one person may not be the best for another. A variety of factors influence who you should hire. The most important factor is who hit you. Was it a semi-truck? A pizza delivery vehicle? An individual driving a 2001 Scion? A case against a trucking company or a commercial vehicle is different from a case against an individual driver. How much insurance coverage the other party has is a related factor.  Some of the “best” law firms won’t touch a case where there is only $50,000 in insurance. And if it’s a major injury and the other driver was operating a commercial vehicle, most law firms out there don’t have the track record to get you the most compensation possible.

“Near Me”

Some people mistakenly think that they will have to shlep to and from an attorney’s office repeatedly over the course of a case. Even before COVID, law firms were signing up clients and communicating with them virtually. Technology allows for e-signatures and facetime or zoom calls. Very rarely is in-person communication necessary. In addition, the vast majority of lawyers who specialize in car accident cases have offices near the courthouses because they need to appear in court so frequently. So being a mile or two from the attorney’s office should definitely not be a key factor in who to hire. None of the lawyers we recommend ask you to come see them if it’s a problem. They will come to see you.

To put it another way, would you rather have a close by lawyer and have your case settle for $1 million or have a lawyer from a prestigious firm who’s a bit farther away and have the case settle for $3 million. The reality of Illinois car accident law is that some cases are worth more money in the hands of better firms.

What we do is evaluate your case and make sure we recommend the best one possible for you.  Sometimes that will be someone who is in your town. Other times it might make sense to get someone far away because of the type of case it is. Whatever your situation, we’ll treat you like a family member or fried and give you honest, straight forward advice.  If you want our help, please fill out our contact form or give us a call at 312-346-5320 to speak with an attorney for free.

See also: Chicago Car Accident Lawyers And Property Damage