Our law firm receives almost daily calls from potential clients seeking an attorney to assist them with a medical malpractice claim. Unfortunately, we probably reject 99% of these cases. Why? There are a myriad of reasons, including problems with liability, problems proving that the malpractice caused the plaintiff’s injuries, or the plaintiff’s damages might not be significant enough to justify filing a lawsuit.

Medical malpractice cases are maybe the most difficult type of lawsuit to litigate. The attorney litigating the case must not only be well versed in this area of the law, they must also become knowledgeable in the area of medicine involved.

Many potential clients think that just because they had a bad result after seeing a doctor, they have a good medical malpractice claim. Nothing could actually be further from the truth. A bad result does not necessarily mean there was bad medicine.

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Many new automobiles being sold today have keyless ignition systems. In order to operate these vehicles, the owner merely has to have their keyfob near the push button starter. There is a convenience factor in not having to take out your key when you start your car. Problems have occurred, because the driver can park the car, walk away with his keyfob and the car will keep running. Thirteen people have now died, because they mistakenly left their keyless ignition vehicles running in their garages and went inside their homes. As a result, carbon monoxide entered their homes and killed them. Now a product liability lawsuit has been filed against several automakers. Continue reading

According to the Occupational Safety and Health Administration, 6.5 million individuals work at over 250,000 construction sites and thousands of workers are killed or injured every year.

Potential hazards for workers in construction include:

  • Falls (from heights);

Governor Bruce Rauner claims that the Illinois economy is weak. His proposal to solve this alleged problem is to institute lawsuit and workers’ compensation reforms, however, the facts simply do not support him.

First, the Illinois economy is not weak and it is growing at a steady rate. As of January 2015, the unemployment rate dropped two points from a year ago to 6.1 percent. For seven straight months in 2014, Illinois led the country in the rate of decline of its unemployment rate. In 2014, Illinois increased the number of people employed by 106,000.

In addition, frivolous lawsuits are not a problem driving away business. In Illinois, over 70% of lawsuits are actually filed by companies suing each other or individuals for money. Since 2007, the number of all civil cases filed in Illinois courts had declined by 26 percent since 2007. As for medical malpractice, since 2003 the number of lawsuits filed has declined by 40 percent. When frivolous lawsuits are filed, we have a judicial system where the judges have the power to dismiss these cases before they are ever tried before a jury.

A few years ago a client of mine was in a very severe accident after another vehicle crossed the center of the road and struck her head-on. She suffered several fractures to her right leg which required surgery, a lengthy hospitalization, and a long rehabilitation. The at-fault driver only had $25,000.00 of insurance coverage from Allstate. Allstate paid the policy limits and we then went after my client’s underinsured motorist coverage from Farmers Insurance. My client had a 100/300 policy with Farmers ($100,000.00 per person and $300,000.00 per accident). Under my client’s underinsured motorist coverage, we could only collect an additional $75,000.00 even though my client’s medical bills alone far exceeded $100,000.00. After paying the medical liens, attorney’s fees, and case expenses, we were able to recover some money for our client, but she was not fully compensated for all of her pain and suffering, and the permanent disability she suffered as a result of her injuries. We could have gone after the at-fault driver, but he was a teenager with no assets. Unfortunately, this happens all too often to people who are injured as a result of a reckless driver.

Too many individuals purchase inadequate insurance coverage for their vehicles. In Illinois, as of January 1, 2015, the mandatory minimum limits for auto insurance coverage increased from 20/40/15 to 25/50/20. This means that every driver in the state must now have minimum liability coverage of $25,000.00 per person, $50,000.00 per accident, and $20,000.00 for property damage; however, the new mandatory minimum limits are entirely inadequate to protect you in case of an accident. Continue reading

In Illinois, texting while driving is banned and as of 2014, hand-held cell phone use while driving was also banned. Drivers must use a hands free device to talk on their cell phones while driving. However, even using a hands free device is a distraction that can result in an accident.

crashed-car-1148745-mDistracted driving results in hundreds of thousands of automobile accidents that result in injuries every year. In 2012, there were over 3,000 deaths from distracted driving, but the actual numbers of deaths might be much higher. Seventy-seven percent of Americans, in a recent survey, admitted to using a hand-held cell phone while driving and 69 percent admitted to texting behind the wheel. The problem is that most people over estimate their ability to drive while distracted.

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