Illinois Lawyer Referrals and Legal Guidance

If you slip and fall on ice or any other substance it is extremely important that an investigation take place.

It’s not un-common in Chicago winters or other times of year for people to have slip and fall injuries. When you fall and get hurt, to have a successful lawsuit you have to show that it is the result of someone else’s negligence. Getting hurt on someone else’s property isn’t enough, you have to show that they were at fault and what caused your injury.

To win a lawsuit or gain a settlement the burden of proof is on you and your attorney. While we understand that if you slip and, for example, break an ankle, your thoughts are going to be on your pain, it’s important that someone look around and see what made you fall.

In addition, as soon as is possible, photos should be taken and in some cases, video. If you get hurt at a store don’t assume that they will conduct an investigation because you are asking them to investigate themselves.

If you have questions about a slip and fall injury or would like an attorney referral, please call us at (312) 346-5320.

If you have access to any potential evidence, don’t destroy it or you could be held liable for the damages that can no longer be proved.

In relation to Illinois personal injury lawsuits, there is a principle called spoliage. Spoliage basically means that if someone destroys evidence that otherwise could have allowed a plaintiff to prove their case, the person or company who destroyed the evidence could now be responsible for any damages.

For example, let’s say that a worker is working on a machine and a blade comes loose that cuts off his hand. There is an argument as to who is at fault between the company that made the machine and the company that performs maintenance on the machine. In the meantime, the employer decided to destroy the machine because of the horrific injury it caused. Now the worker can’t show who was at fault and the other parties can’t defend themselves.

The plaintiff isn’t out of luck. In this unique case he would be able to sue his employer in place of the defendants for “spoiling” the evidence that would have proved his case.

The lesson in all of this is never throw something away or otherwise destroy it if it could be used as evidence in an Illinois personal injury lawsuit. If you do, you may go from innocent bystander to defendant.

After being injured, whether you want to sue or not, we can’t encourage you enough to get medical treatment.

Probably 20 times a week we say to someone who is looking for an Illinois personal injury lawyer that they should focus on their health. It’s important for a potential lawsuit or claim for damages, but even more so important for your life. Who cares what a case might be worth, without your health it means nothing.

From a legal standpoint, when insurance companies see a gap in medical coverage, they view that as an opportunity to deny a case, usually stating that "if you were hurt you would have gone to the doctor, so your current problems must be from something else."

Bottom line is that if you aren’t feeling well, get treatment. If you feel ok then don’t.

Five tips for any injury claim in Illinois.

No two accident claims are the same, but these five quick tips apply to most people.

1. Get medical treatment if you are hurt. Nothing is more important than your health.
2. Call the police or get some other independent report completed if possible.
3. Start a journal of everything that happened and any developments that occur. If you go to trial it won’t be for years after the accident. Keeping a journal will allow you to credibly refresh your memory if needed.
4. Don’t give a recorded statement without a lawyer present. It doesn’t help you and can only hurt you in most cases.
5. Hire the right type of lawyer for your case. If you have a catastrophic injury, your lawyer should be experience with those types of cases. If it’s a smaller case, you want to make sure your injury attorney will pursue those types of cases too.

If you would like a referral to an accident attorney in Illinois, please call us at (312) 346-5320.

No matter where you are looking for an injury lawyer this is true.

We don’t care if you are looking for an Aurora personal injury lawyer, a Waukegan accident attorney or a Champaign car accident law firm. No matter where you are looking, you want to make sure that the firm has a focus on injury cases if you want to give yourself the best chance of success.

In other words, it’s not that a lawyer who is doing divorces on Mondays, traffic on Tuesdays, car accidents on Wednesday s, etc. can’t get you a good result. Rather, what gives you the best chance for success is someone who deals with injury cases every single day. They will likely know more and get better respect from the insurance companies, especially in complex cases.

If you are in a car accident in Illinois, don't settle your case without first making sure that under-insurance isn't an issue.

Many people who are in car accidents in Illinois try to settle their case without an attorney. While we don't recommend that, sometimes it makes sense. For example, if you have a major injury and there is limited insurance for the defendant then if you can get the entire policy as a settlement then you might not need an Illinois personal injury lawyer.

But if a policy is for $50,000.00 and the defense only wants to offer you $45,000 (or anything less than full value), you should consult with an experienced IL car accident lawyer first. If you take that settlement and your case is really worth more, you may be preventing yourself from pursuing a claim against your own insurance company. Most under-insurance policies don't kick in until the regular policy has been used up. By taking less than what the case is worth you may be preventing yourself from getting anything else. 

Despite what you read and hear, most Illinois personal injury lawsuits are aggressively defended and most result in little or no money for the plaintiff.

We aren't going to pretend that personal injury lawyers in Illinois don't make a lot of money nor are we going to act like a personal injury lawsuit in Chicago isn't worth more money than one in a small town in central IL. However, we also won't ignore that insurance companies are fighting these cases "tooth and nail" and the reality is that many Chicago personal injury law firms and other accident attorneys in Illinois are choosing not to pursue many claims that they would have pursued years ago.

Every month the Cook County Jury Verdict Reporter shows that about half (and so far this year more than half) of the trial verdicts are in favor of the defendants. Attorneys who go to trial only when they believe in a case because they advance all of the costs for a trial and only get paid if they win. For every six or seven figure verdict there are many more not guilty's or results like one we just read about. In a recent case, a Chicago car accident lawyer filed suit for his client who was rear ended, had a herniated disc in his back and more than $15,000.00 in medical bills. The jury awarded $1,500.00 stating that the plaintiff couldn't prove his problems weren't pre-existing.

If you do have a legitimate personal injury case, your best bet is to find a law firm in Illinois with a track record of success and one that will tell you if your case is worth pursuing or not. If you would like our help in finding one of these firms or have any questions, please call us at (312) 346-5320.

Did you hear the one about the Chicago personal injury lawyer who sued his former partner?

It sounds like a joke, but a recent lawsuit by a Chicago personal injury attorney against his former partner (also a Chicago accident lawyer) alleges that the former partner failed to split a $14 million dollar fee. If it's true, our personal opinion is that things like this give attorneys a bad name because to cheat someone out of that much money when you are still getting an incredible windfall is ludicrous.

Ironically, the lawsuit alleges that the partner who didn't turn the fee over originally did not even want to take the case in. They first thought their young client had a concussion when it turns out she was severely brain damaged.

No matter what happened to you, if you file an Illinois personal lawsuit, you have the burden of proving your case.

We often get calls from people looking for Illinois personal injury lawyers. Many are frustrated because they have tried to work with the opposing party's insurance company and have been met with either no response or an un-cooperative response.

Remember, in most cases, a defendant and their insurance company has no obligation to do anything without a court order. So if you go to a restaurant, eat food and get sick, you still have to prove that your food poisoning was from that restaurant. Insurance companies are within their rights to deny a case if proof hasn't been offered. In the example above, you may not be able to prove you got food poisoning from a specific restaurant. Now if 10 people all ate the same thing and all got the same illness, that might be proof.

If you feel that you are being wrongfully denied by an insurance company for an Illinois personal injury claim, your only real option is to file a lawsuit. If you would like a referral to an Illinois personal injury attorney, please call us at (312) 346-5320.

When does violence during a sport cross become a personal injury matter?

If you were playing catcher in baseball and got run over on a play at the plate, everyone would likely agree that is just part of the game. But what if you were playing catcher and not involved in a play when a runner decided to blind side you? That's not part of the game, but should you have the ability to bring a suit if you get hurt?

A recent case is pretty similar in that it involves a player who was hurt in a hockey game when he was checked from behind and sustained a neck injury. Part of his lawsuit is that his injury was not in the regular course of the game. Former NFL linebacker Bill Romanowski settled a lawsuit brought by a former teammate that he punched in practice in a scuffle. 

Until the Illinois legislature makes clearer rules as to what you can or can't sue for, it will continue to be up to the courts to make these decisions.

Why do Illinois personal injury lawyers want to file their case in Cook County?

It's certainly a stereotype, but the reality is that a case is worth more if it is filed in Cook County than if it is filed in most other counties. Damages are decided by the jury in most cases. Since Cook County is more liberal, you typically find that juries for Illinois personal injury lawsuits will award higher damages. In other words, you could have two car accidents happen the same way with the same injuries and same defendants. One occurs in more conservative DuPage County, the other in Cook County. Just about every personal injury attorney in Illinois that we know would tell you that the Cook County case would settle for more money and be worth more money before a jury. What's even crazier is that a personal injury case in DuPage County would likely be worth much more money than a similar case in a small county down state.

Assault on an airplane leads to lawsuit

Assault that takes place on an airplane can result in a harsher penalty than a typical assault case. For instance, when a plane begins to descend, and the captain tells everyone to fasten their seatbelts, a passenger will be liable for any altercation that arises from their failure to comply.

Recently, a flight attendant asked a former pro-football player to sit down while on an airplane, and the player refused to take directions. Even though the plane was descending, the football player pushed the flight attendant, causing minor physical injuries along with emotional distress. Now, the flight attendant is suing for medical expenses, and punitive damages. In addition, his wife is suing for loss of consortium.

How much does my fault have to do with whether or not I will win or lose my Illinois personal injury lawsuit?

The quick answer is that it has a ton to do with the final result. If you are more than 50% at fault then you lose your case. If you are 50% at fault or less then your damages are reduced by your percentage of fault.

Recently in a Chicago personal injury lawsuit that arose out of a slip and fall, a plaintiff broke his ankle when he fell on some defective building stairs, resulting in surgery. His injuries took two years to heal. The jury awarded $300,000.00, but found the plaintiff to be 50% at fault. As a result he only received $150,000.00. If the jury found him to be 1% more at fault then he would have received nothing. How juries determine fault is for the most part up to their interpretation.

Driver injured by accident with ambulance

While an ambulance was making an emergency trip, it drove through a red light and broad sided a car, crushing the driver of the other car’s ribs and lacerating his forearm. The ambulance drivers claim that the sirens and lights were activated and that they paused at the red light before driving through it. On the other hand, the injured driver claimed that the ambulance drivers had not activated their siren or lights. Following an Illinois personal injury lawsuit, a jury found the ambulance driver not guilty, because regardless of any negligence, his actions were not willful or wanton at the time of the accident.

Driver injured by accident with police car wins Illinois personal injury lawsuit

In response to a low priority domestic violence call, a police officer drove through a red light at 70 mph and struck another car. The passenger of the other car was killed and the driver was severely injured. The injured driver now resides in a nursing home where she has incomplete quadriplegia, is fed through a feeding tube, and can no longer speak. A jury found the officer and the police department liable for $26,876,763, finding that the conduct of the police officer was willful and wanton.

We often hear people referring to these cases as "jackpot justice", but I don't know of one person who would trade places with this victim for any amount of money.

Teen driver liable for recklessly hitting another car

A 16-year-old boy argued with his 15-year-old girlfriend one morning and later that day, drove to a park where he spotted her in a car with a group of friends. The 16-year-old rear-ended the parked car and as a result, his girlfriend was left with a head injury and a 7 cm scar on her forehead. The boy plead guilty to recklessly rear-ending the car but maintained that it was an accident and not intentional. A jury found the boy liable for $150,000, but because the parties entered into a $500,000/$200,000 high-low agreement, he will have to pay $200,000.

Forklift injury crushes mechanic

While repairing a forklift, a mechanic was struck by a 3,300 lb counterweight that fell from the forklift. The mechanic’s torso and pelvis were crushed, resulting in pelvic fractures, broken ribs, lung puncture, liver laceration, a fractured vertebrae, fractured legs, and sexual dysfunction. The mechanic now suffers from chronic pain and can only work reduced hours. A jury awarded the mechanic $4,410,000 against the forklift manufacturer.

Is the City of Chicago required to pay for sidewalk injuries?

A 67-year-old woman tripped and fell on a 3-inch elevation differential in a city sidewalk. The fall resulted in a broken wrist and elbow. A jury found the city not guilty, because the elevation in the sidewalk was not dangerous enough to present an unreasonable risk of harm. Please note that this Chicago personal injury lawsuit may have had a different result if the City had more notice about the possible dangerous condition or if it was somehow a hidden defect. In other words, don't read one summary of a case and assume that is how a different case will turn out. If you have any questions about a potential Illinois personal injury lawsuit, please call us at (312) 346-5320.

I was in an accident, but no one was hurt and my car is totaled. The other party was at fault, but the insurance company won't pay. What do I do?

We get this call a lot. The good news is that no one was hurt. The bad news is that it's almost impossible to find a lawyer that will take your case because there is no way in most cases for them to get paid. If you are in a car accident in Illinois and the other side is at fault, if there was no personal injury, many insurance companies will make you no offer or a low offer because that is how they save money.

If this happens to you, get three estimates to repair your car. Go to the courthouse in the county where the accident took place and sue the driver of the other car for the lowest of the three estimates (assuming they are all about the same price). Once a suit is filed, we often find that insurance companies will be more reasonable in their approach as it usually costs them more money to defend a case than it does to do the right thing. It's really unfortunate that insurance companies don't do the right thing to begin with, but if they did then they wouldn't make millions or billions a year. Most people get frustrated and don't do anything. Don't let them get away with it.

70-year-old woman receives $10 million injury verdict

A 70-year-old woman was driving through a green light when she was struck by a pickup truck attempting to turn left through the intersection. The accident left the woman with incomplete quadriplegia, so she has no more functional use of her legs and diminished use of her arms. A jury found the corporate owner of the pickup truck liable for $10,121,547, which included $250,000 in benefits to the woman’s husband for loss of consortium.

Manufacture is liable for a scissor lift table that crushes a worker’s leg

An assembly line worker was guiding boards onto a scissor lift table when he accidentally hit the foot switch that caused the 1,500-pound table to lower onto his leg. The injury resulted in over $500,000 in medical expenses. The manufacturer was found liable for $1,797,656 following his Illinois personal injury lawsuit.

Rear end accident victim recovers more than just medical expenses.

A 64-year-old man was rear ended by a 70-year-old woman one day and complained of neck and shoulder pain after the accident. The man received extensive physical therapy for over one year after the accident. The woman admitted that she was at fault, but denied the extent of the man’s injuries. A jury awarded the man $7,380, which $500 in pain and suffering, $500 loss of normal life, and $943 lost income.

Can parties agree on maximum and minimum limits that juries can award?
$473 jury verdict exceeds $15K-$100K high-low agreement.

When a 30-year-old insurance broker was completing a left turn from an intersection, a 24-year-old financial planner broad sided her after he failed to stop at a stop sign. The insurance broker’s ankle was severely injured and she required nine surgeries that led to $163K in medical bills. The jury gave a verdict of $473,000, but because the parties entered into a $15K-$100K high-low agreement, the insurance broker was left with $100K, which was equal to the financial planner’s policy limit.

Illinois Personal Injury

A homeowner poured gasoline into the drain outside of the back door of his basement. When the home owner’s sister was doing laundry in the basement, she smelled fumes from the gasoline and opened the back door to find where the fumes were coming from. When the back door opened, the pilot light in the basement ignited the fumes and the woman was engulfed in flames. The woman suffered first and second degree burns to approximately 40% of her body. She sued her brother for premises liability damages. Her brother’s insurance company claimed that she was contributorily negligent in opening the back door. The jury gave the woman a verdict of $366,313, which exceeded the insurance company’s policy limit.

Are construction companies liable when pedestrians are injured by construction work?
Construction company liable for woman’s fall on new sidewalk

A woman twisted her knee after stepping onto a loose brick near a sidewalk that was under construction. The woman sued the construction companies on the theory that they failed to fill the sidewalk and replace the bricks in a timely manner pursuant to their contracts. A jury found the companies liable for $60,600.

Can the statute of limitations for sexual assault be tolled back when violence is threatened against plaintiffs if they sue?
Sexual assault victim missed statute of limitations deadline because of threats of violence

In 2005, a woman filed a lawsuit against the singer James Brown for sexually assaulting her in 1988. In Illinois, there is a two-year statute of limitations for sexual assault cases. Nevertheless, the woman argued that the statute of limitations should be tolled back in her case, because the reason why she did not file in a timely manner was because James Brown allegedly threatened her with violence if she ever told anyone about the assault. The 7th Circuit Court of Appeals decided that the threats of violence are not grounds for tolling back the statute of limitations.

If you need a referral to a personal injury attorney in Chicago or anywhere in Illinois, please call us at (312) 346-5320. All calls are confidential and there is never a fee unless your case is successful.

Can a pedestrian recover for an injury sustained while stepping out into stopped rush hour traffic?
Pedestrian hit by car after stepping into stopped traffic, loses case due to their own negligence.

A 37-year-old woman stepped out into traffic and attempted to cross the street while all of the cars in the eastbound lane were stopped. The woman walked between two stopped SUV’s and then attempted to run quickly to cross the westbound side of the street. The woman was hit by a car traveling westbound and sustained a severe fracture to her right arm. The driver of the car claimed that she could not see the pedestrian until she stepped out from behind an SUV, thus she did not have enough time to stop her car. A jury found the defendant driver not guilty. It's important to remember that despite what people say about America being lawsuit crazy - and there are a lot of people that think that Chicago is a haven for people who want to file illegitimate personal injury lawsuits - in the end, evidence is presented and justice usually prevails.

If you would like a referral to an Illinois personal injury attorney, please call us at (312) 346-5320.

Can weather conditions mitigate a defendant’s liability in a car accident?

During a blizzard, a 17-year-old driver’s breaks locked as her car skidded on snow and ice. As a result, the teen’s car rear-ended another car that was stopped at a red light. The driver of the other car suffered $26,833 in medical expenses as a result of the accident. The other driver demanded $70,000 and the 17-year-old’s insurance carrier offered $2,000. A jury found that the teen’s insurance carrier was liable for $12,786.

For recommendation to a car accident lawyer in Chicago or an auto accident attorney anywhere in Illinois, call us at (800) 517-1614 for a recommendation to a law firm that can help you.

Can families of illegal immigrants receive wrongful death benefits?
Immigrant’s family receives $1.35 million accord in death case

A 32-year-old illegal immigrant was cleaning a machine at work when the machine suddenly began spraying ammonia in his face. Five days later, the man died of a severe lung injury caused by the ammonia. The companies responsible for manufacturing and maintaining the machine agreed to pay $1.35 million for the accident. The man had spent 7 years in Chicago working to send money home to his family in Mexico. Throughout the 7-year period, he sent approximately $1,500 back home, which seemed like a lot to his family living in a town without running water or electricity.

Are parking lot owners liable for pothole injuries?
Plaintiff injured after falling in pothole

The plaintiff was distracted by a speeding car in a parking lot when she stepped into a pothole and sprained her ankle. Although the plaintiff was 20% at fault, she was able to recover $21,974 to cover 80% of her pain and suffering, medical expenses, lost income and loss of a normal life.

Does asbestos contamination support products liability claims?
Plaintiff denied products liability benefits due to insufficient exposure to asbestos

A former power company worker died and his estate claimed that the cause of his death was asbestos. The estate sued the power company’s gasket manufacturer for defective gaskets that were contaminated with asbestos. The manufacturer was able to prove that the former worker was not exposed to the gaskets very often and that he did not die of asbestos. The jury found the manufacturer not guilty because the gaskets were not sufficiently defective to support a products liability claim.

Is the city liable for pothole injuries?d
No recovery for homeless man after falling in pothole

A homeless man was hired by a local business owner to pick up trash along a vacant lot owned by the City of Chicago. While picking up trash, the homeless man stepped into a pothole and severely fractured his ankle. The homeless man required $110,163 in medical bills, but a jury found that the City was not at all liable for the injury. The City had no notice of the pothole and the homeless man was not an intended user of the lot.

Can a car accident victim recover for injuries even after refusing help from paramedics?
Driver rear-ended by school bus

A driver was stopped while waiting to make a left turn when his van was rear-ended by a school bus. Upon impact, a generator in the back of the van was pushed forward and hit the driver. The driver sustained a mild traumatic brain injury, nerve damage, and his foot was permanently inverted almost 90 degrees. The driver refused treatment by paramedics and continued to work as a construction supervisor after the accident. The bus company admitted negligence but argued that the driver’s injuries were minor, and offered $2,500,000. A jury gave the driver a verdict of $6,000,000.

Is depression a compensable car accident injury?
Driver rear-ended at red light

A driver was rear ended on his way to work one morning, and claimed to have sustained a torn rotator cuff, aggravation of a pre-existing back injury, anxiety and depression. The driver refused to return to work after the accident. The driver at fault admitted negligence, but proved that the plaintiff’s anxiety and depression existed before the accident. A jury awarded the plaintiff $250,000, which was the amount of the defendant’s original settlement offer.

Are stores liable for products that fall from shelves and hit customers?
Shopper hit in the head by falling George Foreman Grill

As a shopper was making his way down a department store escalator, a box fell from a shelf and down the escalator shaft, striking him in the head. The box contained a George Foreman Grill, which was an extremely heavy. As a result of the accident, the shopper was left with fractured ear bones, broken teeth and a variety of neck and back injuries. A jury deliberated for 2.5 hours before finding the department store liable to the shopper for $212,859.

Are homeowners liable for open and obvious hazards?
Homeowner not guilty when worker falls through window well

A worker was pulling weeds for the homeowner when she accidentally stepped on a window well and fell though the plastic cover. As a result, the worker sustained hip injuries, which required $16,844 in medical bills and 7 weeks off from work. Because the window well was open and obvious, the homeowner was not held liable for the injuries.

Web Site Disclaimer: None of the information on this website should be considered legal advice. The law in Illinois is constantly changing and although we do our best to keep our website current, you should not make any final determinations based on what you read here. By contacting us or any lawyer that you find on this website, you have not created an attorney-client relationship. The lawyer you call or e-mail has no obligation to retain you as a client and you have no obligation to retain them as an attorney. Lawyers with listings on our website may pay an advertising fee to us. Although we try to only partner with honest, trustworthy attorneys, we make no representation as to the quality or abilities of a lawyer you find on our website and we are not endorsing any specific lawyer. The information in the attorney profiles is based on hundreds of hours of research, but we make no guarantees as to the accuracy of this information. If you have any questions as to what types of cases a specific lawyer handles or what their experience is please contact them directly. Nothing is a substitute for information directly from an attorney.