Illinois Lawyer Referrals and Legal Guidance

You can’t sue for a work injury

If you are injured at work, you won’t be filing a personal injury lawsuit in most cases. The workers’ compensation system was set up to take care of this category of injuries. A worker files a claim with the Workers’ Compensation Commission for benefits (payment for lost wages, medical coverage, settlement for permanent injury, etc.), and in turn they cannot sue their employer, even if their employer was at fault. You might have a third-party lawsuit if your injury was caused by a defective product or if you were injured by a dangerous condition on property belonging to a third party. Other than that, a workers’ comp claim is your only available remedy.

If your injury was your fault, it will probably be worth less

When an injury is partly your fault (car accidents are a good example), you can’t recover 100% of your damages. The amount will be reduced by the percentage of fault that is yours. This is called comparative or contributory negligence.

Product liability lawsuits after a serious injury

If a defective product causes you injury, you may have a products liability lawsuit. The main things you will have to prove is that the product was defective and that the defect made it unreasonably dangerous. Such lawsuits can be complex and require expert testimony. The manufacturers usually put a lot of resources into their defense. As a result, product liability lawsuits usually aren’t worth pursuing without a serious and permanent injury. For a minor injury, a lawsuit just isn’t practical, because expenses far outweigh the damages (the compensation you ask for).

Suing, or being sued by, a dead person

When one party to a lawsuit is deceased, or dies while the lawsuit is pending, it causes an evidence problem. The deceased party can no longer tell their side of the story. The opposing party, who is still alive, could potentially have a huge advantage because their side of the story can’t be directly disputed.

With this in mind, the law in Illinois prevents the living party from testifying about conversations between them and the deceased party. It’s called the Dead Man’s Act. There are some exceptions, such as where the deceased party’s testimony is obtained before death in a deposition. If it’s then admitted in court, the other side can likely testify about it.

Mistakes happen... but it’s not always negligence

Having an injury, even a serious one, is only part of the equation. You also need to prove that the person responsible was at least negligent, if not reckless or acting intentionally. In other words, someone might be at fault for your injury, yet not technically liable, meaning you probably won’t succeed in a lawsuit against them. If someone was acting reasonably, their mistake will probably be forgiven by the law.

For example, if you are walking past a construction site and trip over uneven ground, the construction company isn’t automatically responsible for paying your doctor’s bills and pain and suffering. It depends things such as whether they took reasonable precautions and put up warning signs.

Only Some Plaintiffs Can Seek Punitive Damages

Punitive damages punish a defendant for particularly egregious behavior. These are not available in every type of case. Typical damages, called compensatory damages, are based on what the person suing has lost. Common examples are medical bills, loss of income, and pain and suffering. Punitive damages are additional. There is no set amount and an award of punitive damages varies greatly from case to case, often depending on what a jury decides is appropriate.

Lawsuits against bars for over serving patrons

If someone becomes intoxicated at a bar and then leaves and hurts someone or damages their property, the injured party can file a lawsuit against the bar (in addition to the person who harmed them). The law that deals with this type of case is called a dram shop law. A bar or similar business will be held liable if it can be proven that the person who caused the harm was served alcohol by that establishment and that it was a cause of the resulting injury. There are limits on damages (the amount you can recover in a lawsuit), and time limits. You have to file this type of lawsuit within one year.

Class action lawsuits are for groups of people who suffer similar harm

Some lawsuits are small on their own, and not worth pursuing, meaning the cost of bringing the lawsuit would be more than the amount you’re seeking to recover from the defendant. But, if there are many people with the same “small” harm, they can join together to bring a large lawsuit. It needs to first be approved by a judge. Some common examples are class actions are defective products that cause injury, consumer fraud by a company, employment issues (such as workers being denied overtime pay), and investor fraud. In a class action, there is a lead plaintiff and attorney who represent the entire class. The lead plaintiff meets with the attorney and often testifies. A class action can be a small group or potentially thousands or hundreds of thousands of people. Class action attorneys, like most injury attorneys, charge on a contingency basis and only get paid if the lawsuit is successful.

Yes, you can sue your lawyer

If your lawyer doesn’t do their job and you are harmed as a result, you can sue for legal malpractice. There are attorneys who handle these types of cases despite the fact that it can be an unpopular area of law within the legal community. The difficult aspect of these cases is proving your harm. In order to do this, you need to prove that if your lawyer hadn’t screwed up, you would have won your case. For example, if your attorney missed the deadline for filing your car accident lawsuit, you have to prove that your lawyer acted below the standard that is expected in the profession AND that if they had filed the case on time, you would have won. And you have to show what, exactly, you would have won, such as $40,000 in damages or whatever it might be. There’s a lot going on in these cases, and not every error is worth suing over. Sometimes, an attorney simply makes a bad judgment call, and while it can lead to a terrible outcome, it’s not necessarily malpractice.

In Illinois, there is no “one bite rule” for dogs

In some states, a dog owner won’t be held liable the first time a dog causes an injury. In others, like Illinois, the law is different. An owner can be held liable even if their dog hasn’t previously shown any signs of aggression. If you are attacked, bitten or knocked down by a dog, you can sue for damages, including medical bills, damaged property or clothing, injury to your own pet, lost earnings, future medical treatment as well as pain and suffering. Keep in mind that you may not have a good case if you were attacked by a dog while trespassing or if you provoked the dog in some way. Don’t wait too long to discuss a possible case with an attorney. The deadline for filing a lawsuit is two years from the incident.

Just because you were rear-ended doesn’t mean you have a slam-dunk case

A driver who rear ends another isn’t automatically at fault, as some people believe. If you get hit, don’t assume you have an easy case. The other driver may very well argue that you were at fault – either completely or partially. So do what you can to preserve the evidence in your case. Call the police after an accident so that you have an impartial report. Get medical attention, talk to an attorney and keep a journal. If it’s determined that you were partially at fault because, for example, you stopped suddenly and unexpectedly, you may not be in the winning position you thought you were.

There are attorneys who focus on brain injury cases

A good rule of thumb is that you should try to find an attorney who focuses their practice on the exact type of case you have, even down to the specific injury, if you can. When it comes to brain injuries, this is possible. There are lawyers who are known for their success in this niche area of personal injury law. There are other considerations when choosing the right lawyer for your case (personality, location, reputation, etc.), but experience is key. You want someone with the medical knowledge and resources (experts in the medical field) to take on a complexity of such a case. If they have successfully handled similar cases in the past, they will have a head start on yours.

For police misconduct or abuse, look for a civil rights attorney

If you are a victim of police misconduct, such as excessive use of force or unlawful use of deadly force, and you want to take legal action, you will need a personal injury attorney with experience handling civil rights cases. Police misconduct cases are brought in federal court. They are unique cases, so don’t settle for just any personal injury attorney.

Filing a lawsuit when airbags fail

There are some important things to keep in mind if you have a case where the airbags in your vehicle failed to deploy. First, if you weren’t injured, you probably don’t have a case. Personal injury cases require you to show damages, which means you have to prove harm. Minor injuries aren’t usually “good” cases, either. Even though it’s scary to think about what could have happened, these cases are about what actually happened. Second, these are expensive cases for attorneys to pursue because they have to hire experts to show what went wrong. Most product liability cases are against manufacturers, who fight hard to defend themselves against these lawsuits. However, these cases shouldn’t cost a client anything up front. You only pay an attorney a fee if you win your case.

You should seek out an attorney, not the other way around

Attorneys are not supposed to contact potential clients who have never contacted them. But it happens. Attorneys who need clients sometimes get tips from police officers or hospital staffers about accidents, injuries and potential wrongful death cases. They then approach the victim or the family and offer to represent them. Or they have a member of their staff do it. Whatever the method, soliciting a potential client is unethical. Attorneys are not supposed to do it. If you are contacted by an attorney who wants to represent you, consider why they need to get clients this way. Instead, seek out an attorney who gets their name out there by doing a great job for their clients and getting great reviews.

If you’re under 18, you have more time to file a lawsuit

You don’t have forever to file a lawsuit. The time allowed is called a statute of limitations. The general rule for injury cases is that you have two years, although there are some exceptions. If you are under 18 when you are injured, your two years doesn’t start until you turn 18. So if you are injured when you’re 8 years old, you have until your 20th birthday to file a lawsuit for that injury.

For lawsuits against the government (cities, police departments, county hospitals, etc.), you generally only have one year. And for some you may need to give notice within six months.

If you don’t discover an injury until later on, like after a car accident, it doesn’t usually extend the time you have like it would in a medical malpractice lawsuit. As always, check with an attorney about these important, and strict, deadlines. If you miss your chance, it may be gone forever.

Pain and suffering is subjective

Pain and suffering, when you’re talking about a personal injury lawsuit, is part of your damages. You have damages such as medical bills and lost wages, which are tangible, and then pain and suffering which is more subjective. It refers to not only the pain and suffering of your injury and recovery, but also future pain – physical, mental and even emotional. Obviously, a serious accident can affect your life forever, but the tough part is that you have to prove it. Witnesses, like doctors and psychologists, are commonly used. Ultimately, it’s up to the jury and every jury is different. The results can be completely different in two very similar cases.

Illinois personal injury attorneys charge a contingency fee

What does that mean? It’s a type of fee. It means that the attorney’s fees are contingent on the outcome of the case. If you win, you pay your attorney a portion of what you get. If you lose, you pay nothing. A contingency fee is generally 1/3 of what you recover, whether it’s in settlement or at trial. It can be more, or less, depending on the case.

Another characteristic of a contingency fee is that you pay nothing upfront. There are costs associated with bringing a lawsuit (in things like medical malpractice, the costs are huge), but your attorney should cover these.

Why can’t you just pay hourly? You probably couldn’t, or wouldn’t want to. It would cost you a lot, and if you end up losing, you’d never get it back. Contingency fees level the playing field – anyone can afford a lawyer if they are injured because of someone else’s negligence.

For the lawyer, it’s a risk, but worth it because of the possible reward. The risk: If they don’t win your case, they get paid nothing, even if they spent tens of thousands of dollars pursuing your case. The reward: If they win, they get a good fee.

If you’re confused about what fee to expect in your situation, give us a call. We’d be happy to answer your questions and give you the name of a good attorney if you need one.

After an accident, don’t talk to the other party’s insurance company

If you are injured in an accident, we almost always recommend that you hire an attorney. There are many reasons for this. For example, hiring an attorney can protect your interests and ensure that you are fully compensated for your injuries.

Another reason is that an attorney can shield you from the other party’s insurance company. Someone from that insurance company will most likely want to talk to you, and may even ask you to give a written statement. They may be very nice; you may even get the impression they’re trying to help you. Be careful. You should not give a statement. In fact, you shouldn’t even talk to them. They are not on your side. It’s actually their job to pay you as little money as possible, and one way they can reduce the amount you receive is to get you to say things that they can use against you later.

Bottom line: Hire an attorney, and let them deal with the insurance company.

Man allowed to sue Vatican for abuse

The 9th Circuit Court of Appeals ruled that a man alleging sexual assault in the 1960s by a religious order priest can pursue civil litigation against the Vatican. The man’s lawyers argue that since the Catholic Church is a hierarchy, Rome hands down decisions and leaders should therefore be held responsible for sexual abuse – and for attempts to cover it up.

This is the first time in the U.S. judicial system that a court has ruled that a man alleging abuse by a Roman Catholic priest can sue the Vatican for fraud, in addition to liability.

This specific case involves the late Rev. Andrew Ronan, who died in 1969. He was accused of molesting children in Ireland, so he went to Chicago, where he allegedly abused three boys at St. Philip Catholic Church. He was then transferred to an Oregon Catholic school, where he allegedly assaulted the victim in this case.

Woman sues drunken Santa Claus

Antoinette Basso is suing a drunken man wearing a Santa Claus suit because he stumbled and fell on top of her.  As she was standing outside a Chicago restaurant Daniel Aulwes allegedly knocked her face-first into the sidewalk.  She claims that Aulwes’ negligence and negligent battery caused her to suffer pain, disability, and disfigurement, and she is seeking over $50,000 in damages in a Cook County court as a result.  As we have written before on this site, ignore the $50,000 amount as that tells you nothing about what the case is worth if in fact it’s worth anything at all.

Illinois personal injury tips

We have helped people find Illinois personal injury lawyers since 2001. Below are some tips and information that we have passed on to thousands of people. We felt the readers of our site would find this information useful.

• In a personal injury case from a car accident, if it is shown that the insurance company has acted in bad faith, it is possible the policy limits will not apply and the insurance company would have to pay whatever a jury made.
• In personal injury cases, an award from a jury can be reduced by the percentage of fault placed on the plaintiff.
• In Illinois personal injury lawsuits, there is no cap on pain and suffering damages.
• There is no law governing how much a personal injury can charge you for their representation.
• In an Illinois personal injury lawsuit, the time limits to sue a City such as Chicago or a County such as Cook County can be shorter than the time limits to sue a private entity.
• The statute of limitations for minors in some personal injury actions can be longer than it is for adults.
• If you are in a car accident and injured, most personal injury attorneys will handle the property damage cases part of their representation of you.
• When multiple people are injured in a personal injury accident, it may be a good idea to have each person get their own representation.
• If a cat bites you or claws you in Illinois you do not have to show that the cat had a propensity for that type of behavior in order to have a successful lawsuit against the owner.
• Defendants are not usually liable for injuries that result from the natural accumulation of snow and ice. As an injured party you have to show that it was an un-natural accumulation such as a drip from a gutter or a shoveled parking lot.

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.

Auto Accidents

Plaintiff suffers quadriplegia from auto accident

A truck driver crashed into the rear end of the plaintiff’s vehicle. The plaintiff suffered spinal quadriplegia. The plaintiff’s daughter was a passenger in the front seat and her legs were broken as a result of the accident. The truck driver was not able to stop his box truck in time to avoid the accident, but it could have been prevented if he had been keeping a proper lookout. The jury awarded $3.5 million to be split among the plaintiffs.

Plaintiff dies in auto accident

A defendant driver drifted out of his lane and into the plaintiffs’ vehicle. The plaintiffs are 4 females ages 17, 23, 24 and 29 as well as one 15 year old male. The plaintiffs’ vehicle flipped and the 17 year old female was ejected onto the highway and killed. The other three plaintiffs suffered serious soft tissue injuries, which resulted in $90,000 in medical expenses. The jury awarded $2 million to the 17 year old female’s estate, and $500,000 which was split among the other plaintiffs.

St. Clair County’s highest death settlement for plaintiff over the age of 60

The plaintiff was a 75 year old male. The plaintiff made an illegal left turn in an intersection instead of yielding to an ambulance. The ambulance crashed into the side of the plaintiff’s vehicle. The plaintiff suffered multiple trauma and died months later without ever speaking about the accident. The plaintiff’s estate was awarded $1,700,000, which is the highest wrongful death settlement for an individual over age 60 in St. Clair County.

Rear-end accident

A defendant police officer rear ended the plaintiff’s vehicle. The police officer was not responding to an emergency call when the accident occurred. Immediately before the accident, the plaintiff’s vehicle was stopped as the plaintiff was waiting to complete a left turn. The plaintiff suffered multiple fractures and required multiple surgeries, and $350,000 in medical expenses. The plaintiff was awarded $1.45 million.

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.

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