Illinois Lawyer Referrals and Legal Guidance

Many treatments for work-related injuries are fairly typical.  Medication, therapy, surgery, etc. are commonly recommended in various situations, and generally covered under workers’ compensation insurance in Illinois.  But sometimes, an injured worker’s needs are more unique, requiring a more creative approach to the medical plan.  In those cases, you may have some trouble convincing the insurance company to cover your treatment.

But that should not stop you from pursuing workers’ compensation coverage.  If your doctor recommends physical therapy to relieve pain or help mobility, you should be covered.  Likewise, if you doctor recommends adaptive equipment to help you gain mobility, that should be covered as well.

The relevant questions for your being entitled to benefits for medical treatments are whether the treatment is reasonable, and whether it is necessary to help you fix or manage the effects of your injury.  A recommendation from your physician about the importance and positive effects of the treatment, should go a long way to winning your case for workers’ compensation benefits.

One example of a more unique approach to a treatment plan involved the use of computer equipment.  In this case in Illinois, a truck driver was in a serious accident while operating his vehicle for work.  The accident left him without the functional use of his arms or legs.

A home computer system was strongly recommended for him by his physician.  This system helped him to control aspects of his environment, such as the bedroom lighting, and also allowed him to communicate with family and friends.  Though the physicians saw the computer system as therapeutic, the insurance company saw it as just a way to have personal communication, not job-related, and that it should not be covered.

Here is where being able to make your case and support it can really help.  His primary physician testified about how critical the computer device was to the workers’ total health and well-being, including his mental state.  It was agreed, and later confirmed by the Illinois courts, that this equipment could provide some independence, which could help to give back a bit of what the accident had taken away.  And this provided a great therapeutic benefit.

There are other kinds of medical treatments that can make a significant difference in dealing with an injury.  Some are more creative, and not as familiar to the insurance company, but well supported by physicians.  You shouldn’t necessarily take “no” for an answer when you are trying to have these treatments paid for.

2/6/12

A law in Illinois with a very ominous name—the Dead Man’s Act—is very much alive in courtrooms throughout the state.  It comes into play where one of the parties to a lawsuit is deceased, and the other wants to testify about conversations or events that happened with the deceased.  It is intended to prevent adverse parties in a lawsuit from making things up that the person, if he or she was alive, could dispute but cannot since he or she is dead.

Though it is supposed to level the playing field for the person who is not there to tell his or her side of the story, it can often actually put the other party at a disadvantage.  In a car accident case, for example, where there was no other witness besides you and a person who is now deceased, you could be barred from testifying about many aspects of the event that would otherwise be typical evidence to help prove your case.

If the decedent admitted something to you right afterwards that would impact your case, you cannot generally testify to that.  Also, you generally cannot testify about your observations about the events just before, during, and after the crash.  If you saw the other driver swerve, or brake too late, or go through a red light, you may be barred by the Dead Man’s Act from bringing that to the trial.

Recently, an Illinois car accident case addressed this exact issue.  The plaintiff was not allowed to testify to facts about the speed of the decedent’s car, how he controlled his car, whether he provided any warnings or proper lookout for other cars, and what the traffic light indicated immediately before and during the accident.

There was one small opening, though, that this plaintiff and others are often able to move through.  He could testify about conditions that the decedent could not have observed for himself.  Basically, this means that if some fact happened in the presence of the decedent, and he or she could have disputed what you are saying, then you likely cannot testify about it.  But if it is clear that the decedent could not have rebutted what you are saying because he or she would not have been able to observe it, then you may be able to use that fact in your case.

For example, a plaintiff could testify about his knowledge and observations of the intersection generally, and how the traffic signal operates.  He might also be allowed to testify about his own actions driving his car, that did not happen in the decedent’s presence; such as the mechanical condition of his car, whether he heard anything before or what he could have seen, and if his foot was on the brake pedal.

These issues can seem like hair-splitting, and they often are.  The Dead Man’s Act is a well-intentioned law to protect the rights of those who cannot speak for themselves.  But, unfortunately, it can silence those who might otherwise have something important to say to the court that they may need to help them in their case.

1/26/12

When an accident happens, if someone else is at fault, they generally have responsibility for paying money damages if a lawsuit is brought against them.  But if an accident happens on public property, then your chances of winning a case are drastically reduced.

This was the conversation I had recently when I was contacted by a man who suffered serious injuries from falling on a wet floor at the Allstate Arena.  This venue is owned by the Village of Rosemont, which is a public entity.  Though the fall and the injuries are the same regardless of whether the accident was on public or private property, the location greatly affects what kind of case you have to prove.

Ordinary lawsuits for injuries require plaintiffs to prove that there was negligence by the defendant.  This means that there was some duty owed to you that was breached, and you were hurt because of the breach of duty.  But public entities and public employees have a special immunity which protects them from most ordinary lawsuits for negligence.

In a lawsuit against a public employee or public entity, you would have to prove that the defendant’s conduct was “willful and wanton.”  The standard of willful and wanton is a high level of proof, that goes far beyond just a failure to do something should have been done.   You have to prove that the defendant’s actions were deliberate, and done with an intent to cause harm, or else that the actions showed a complete disregard for safety.

When you apply these requirements of proof to the facts of a case, here is how it looks:  If, for example, a child is on a swing at a neighbor’s house, and the swing set fell over and injured the child, it would be relatively straightforward to show the neighbor’s negligence and win a case for money damages.  The neighbor had a duty to maintain a safe swing set before any children played on it.  If it was not properly secured and fell, then there could be negligence and responsibility for the injury.

But if the same accident happened on the public school playground, the case would proceed quite differently.  Instead there would have to be proof that the school district showed a purposeful lack of regard for the children’s safety.  Did they receive prior complaints about the unsafe condition of the swing set, and yet did not do anything to fix it?  Did they have actual knowledge that it was not properly secured in the ground, but did not do anything to fix it?  Did they remove some safety feature that had been in place?

These are the questions that have to be explored to have a case when the accident happens on public property and not private property.  The same slip and fall accident that happened at the Allstate Arena, could be a major case if it happened, for example, at a grocery store.  Though the water could have gotten on the floor and been left there under the exact same facts, the difference in the case is the difference in the venue.  Public employees and public entities are given more leeway in lawsuits than are private individuals.  Same fall; same cause; same injuries—different case completely.

1/23/12

Every state has deadlines for filing personal injury lawsuits. The deadline – called a statute of limitations – depends on the type of case, who you’re suing and where you’re suing. The basic rule in Illinois is that you have two years to sue for an injury.

If you miss the deadline, you’re probably out of luck. However, there are exceptions that allow more time. Keep in mind that there also are situations where you may have less time to sue.

Illinois’ statute of limitations for injury cases is two years from the date of injury. Injury cases include car accidents, getting hurt on someone else’s property, slip and fall cases, and medical malpractice, to name a few. So if you slip and fall in a parking lot, you have two years from that day to sue the owner or whoever is in charge of the lot.

In some situations, you may not know you were injured until much later. A common example is the medical malpractice case where a surgical instrument is left inside the patient after surgery. You aren’t expected to know about this type of injury until you start experiencing symptoms or until you are diagnosed. So in these situations, the two years may not begin until you know (or should have known) about the injury. There is an outside deadline of four years in most medical malpractice cases, meaning that even if you didn’t know about the malpractice you still may run out of time to sue.

You may have less than two years to file an injury lawsuit if you are suing the government. You usually have to give notice of your intent to sue within six months or a year, and you may only have a year to file a lawsuit. This exception applies to cases against towns, police departments, public schools, etc.

The two-year statute of limitations may be extended if the injured person is a minor at the time of the injury. If you are under 18, you generally have two years from your 18th birthday to file a lawsuit. For medical malpractice, minors have an outside deadline of either (1) eight years from the date of malpractice or (2) their 22nd birthday.

The statute of limitations for an injury case also may be extended based on the mental state of the person suing. For example, lawsuits based on sexual abuse can be filed long after the abuse occurred if the memories were suppressed during that time. You also may have more time if you suffer from mental illness.

Keep these deadlines in mind if you are considering suing for an injury. If you have questions, talk to an experienced personal injury attorney – there may be an exception that applies to your case.

1/19/12

If you have been bitten, scratched or in any other way injured by someone else’s dog, you may be able to recover for your injuries by filing a lawsuit. This includes compensation for such expenses as medical bills, future medical bills, medication, lost wages, torn clothing or broken glasses, disfigurement and pain and suffering. Also, if your own pet was injured or killed in the attack, you may be able to recover for that as well.

First, however, if you have been hurt in any way by a dog, you should seek medical treatment. You should then notify police and obtain a completed police report. Also, be sure to maintain several, clear and close up photos and videos of your injury. The Illinois Animal Control Act protects victims of dog-related injuries by holding the dog owner liable. You do not have to show that the owner was doing anything wrong at the time of the attack or was negligent in any way. You do not have to show that dog had a history of aggression – unlike the old “one free bite” rule, which essentially stated that every dog gets ‘one free bite’ before it is considered to be aggressive and the owner on notice.

What you do have to show in order to recover damages for your injuries is the following: That the person you are suing owns the dog; That you were conducting yourself in a peaceable manner and did not provoke the dog in any way; That you had a legal right to be where you were when the attack occurred – in other words, you weren’t trespassing at the time.

Oftentimes, victims of dog bites are reluctant to file a lawsuit against a family member, friend or neighbor. However, the owner’s property insurance typically covers this type of liability and so you will not be dealing directly with your family member, friend or neighbor but rather with their insurance company. Therefore, it is highly recommended that you hire an experienced personal injury attorney to represent you. The insurance company’s goal is to pay as little as possible and they are seasoned negotiators. Your attorney will have the experience to negotiate with them and ensure that you are adequately compensated for your injuries.

It is also highly recommended that you act quickly and file on time – within two years of your injury – otherwise, your claim may be barred. Again, your attorney will advise you on all deadlines. Personal injury attorneys, including those who handle dog bite cases, work on a contingency basis. That means that you pay your attorney out of whatever you recover. If you recover nothing, then you owe nothing to your attorney.

1/17/12

Ask any Illinois injury lawyer what your case is worth, and they will tell you “it depends.” It can be frustrating to hear, but it’s true. There are so many details in every case, and each one can affect the value. Not only are these details specific to each person and each injury, but they often change as your case goes along.

However, there are some specific factors that will give you an idea of how Illinois lawyers, juries and insurance companies put a value on your injury. Here are ten things to consider:

1. The injury. Generally speaking, a more severe injury is worth more. However, it also depends on how permanent your injury is, what the recovery is like and how it will affect your lifestyle. Will it prevent you from doing things you enjoy, such as a sport? Or, will it prevent you from doing basic things like driving? How does it affect your job, or your relationships with your family?

2. The defendant. Your case may be worth more if the defendant has more money or a better insurance policy. The value of your case may depend on whether the defendant is an individual, the government or a corporation. If the defendant has no money at all, an otherwise high-value case may be worth nothing in reality.

3. Financial loss. It’s typical to ask for reimbursement for lost wages (if you missed work because of your injury and recovery) and medical bills. Reimbursement for other things, such as property damage, is also possible. For example, you can ask for additional money if your car is damaged or totaled. How much you lost financially will affect the value of your case. This is perhaps the easiest category to put a dollar amount on, because it’s fairly straightforward.

4. Occupation. If your injury affects your ability to do your job, you can ask to be compensated for this. If you have to work at a lesser-paying job in the future because of your injury, or if you cannot work at all anymore, you may be able to recover the difference. So the value of the case depends on how much you earn and how much your earning potential is affected by your injury.

5. Pain and suffering. This can be one of the biggest mysteries in terms of putting a value on your case. Your pain and suffering may be very different from the next person’s, even if your injuries are identical. It can involve age, occupation, lifestyle and even your tolerance for pain. All of these things differ from one person to the next.

6. Punitive damages. In some Illinois cases, you can get what is called “punitive damages.” If the injury was caused by the malicious behavior of the defendant – not just negligence – then the value of your case may include punitive damages. This is an amount above and beyond your financial loss or pain and suffering. Punitive damages can be added on to punish the defendant for their actions.

7. Location. Generally, cases are worth more in big cities. The same exact case may be worth a lot in Chicago and much less in a small town downstate. So location matters.

8. Attorney. Different attorneys and firms have different strategies, as well as different levels of success in negotiating with insurance companies or convincing juries. There are many, many personal injury attorneys in Illinois, and the attorney you choose may affect the value of your case.

9. Evidence. If you have clear evidence that the defendant caused your injury, and clear evidence about the type of injury and how it affects your life, you have a stronger case. Expert witnesses may be used to prove how much you have lost by not being able to work, or how much you will lose – in terms of income – in the future. Experts also may be used to determine pain and suffering. The quality of these witnesses can affect how much your case is worth.

10. Who gets to decide. A case may be worth one amount if it goes before a jury and an entirely different amount if it’s settled out of court. Sometimes, people settle for a smaller amount than they may be able to get at trial because it’s guaranteed. Letting the jury decide is a gamble – it might result in a much larger award, or much smaller. If you go to trial, it will depend on how the jury feels about you and the other side. If they sympathize with you, your case may be worth more. The strategy of a case – as well as its value – can change at any time.

1/16/12

You’ve probably heard the term “ambulance chaser.” It refers to an attorney who approaches an injured person – at their home, at the hospital, even at the scene of an accident – and offers to represent them if they decide to sue. Basically, these attorneys take advantage of someone in a crisis.

For obvious reasons, this is considered an unethical way to get clients. Most attorneys wouldn’t do anything even remotely close to ambulance chasing. However, not all attorneys are ethical. Some will prey on an injured or distressed person if they think it will bring in some good business.

Ambulance chasing happens. It’s not limited to those attorneys who are desperate for work – it happens with big firms as well. Some of these attorneys follow the news looking for potential clients to approach. There are some who show up at hospitals looking for clients, or pay hospital staffers to tip them off on a good case. Some have relationships with police officers who will hand out their business cards.

In addition to being unethical, this approach can lead to unethical and insufficient representation. If an attorney is willing to act unethically to get your business, then they may be willing to act unethically once you’re a client. And it may cost you your case.

In our opinion, an attorney should be looking out for the best interests of their clients at all times. They should treat clients with respect and never take advantage of someone’s misfortune. And they should act ethically in every aspect of your case. We only recommend attorneys who meet these criteria.

1/12/12