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Posts Tagged ‘Illinois’

An Illinois personal injury attorney you should run from

Thursday, March 18th, 2010

There is no such thing as the “best” personal injury lawyer in Chicago or Wheaton or Peoria or anywhere else in Illinois.  You need to find out who the best is for your case.   We can’t tell you who that is,  but we can tell you a few things to watch out for and one to run from.

1. If you have a big injury where there is a well insured defendant, you are making a huge mistake if you don’t hire a law firm that can demonstrate a record of success.  In other words, a firm that has handled hundreds of six and seven figure personal injury cases is much better for you than a lawyer who has only handled a handful of those.

2. If your personal injury attorney also was your divorce attorney and your speeding ticket attorney then you have hired a general practice law firm.  They might be able to do a good job for you, but your best chance of the best result is someone who handles nothing but injury cases every day.

Now the one to run from.

3.  If you have a personal injury lawsuit where there is a defendant with insurance, no attorney we recommend would ever ask their clients for a penny up front.   If your attorney wants you to pay the lawsuit filing fee or for the medical records or for any other costs up front then you should find a new lawyer.  Personal injury attorneys advance all of these costs and are reimbursed when the case is over.  If your accident law firm can’t afford these minor expenses then they probably will be motivated to settle for an amount less than what your case is worth.   Established attorneys would never do anything like this.  Put on your Nike’s and run away.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Child support in Illinois- Getting What You Pay For

Monday, February 22nd, 2010

The Illinois Department of Child Support Enforcement is a State run agency that will pursue child support cases for free.  They only deal with support, not custody, visitation, etc. A couple of years ago years ago I read a report in one of the local papers where the agency was boasting of how much money they had collected, stating that they had been successful for 38% of the parents that had come to them for help.

Think about that.  This means that in more than 6 out of 10 cases they fail.

About 10 times a week we get a call from someone who has been trying to work with them and is frustrated.  The story is almost always the same:  It’s taking forever; they don’t do what they say they they will do; they don’t go after out of state parents; un-prepared at court; seems like there is a different person on the case every time, they don’t do anything with the information I give them, etc.

If you don’t have money to hire a lawyer it is probably your only option.  But if you do (typically costs around $2,500 up front for good ones we recommend) then while there is no guarantee of a result, most of the concerns stated above can be solved.  There is no official measure of success rates for private attorneys, but a reasonable estimate would be somewhere above 90%.  I certainly like those odds better.

On the plus side, the State has been doing more things to wake up dead beat parents.  Namely they are often enforcing the law (isn’t that nice) which says your driver’s license can be suspended and your passport revoked if you don’t pay.  You can also get thrown in jail.  We think that if the State was more aggressive with these options that their success rate would greatly increase.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Largest injury awards outside of Cook County in 2009

Saturday, February 13th, 2010

Yesterday we did a blog post on the largest injury cases from Cook County in 2009.  Today is a listing of the biggest ones from outside of Cook County.  Of course there aren’t as many and they aren’t as large because there are more people in Cook County than anywhere else and the rest of the state is more conservative.

OUTSIDE OF COOK COUNTY SETTLEMENTS 

Award for Plaintiff: $12.50 Million

Case Cite: Keith Quadros, et al. vs Undisclosed Medical Provider,

Brief Description: Feeding tube was inserted into 3 week old premature infants lung space instead of his stomach.  Baby went into respiratory arrest after being fed and suffered oxygen deprivation which in turn caused cerebral palsy.

Award for Plaintiff: $12.00 Million                                              

Case Cite: Michael Davis, etc. vs Rashidi Gani Loya, MD., et al

Brief Description: 44 year old woman suffered anoxic encephalopathy and brain damage as a result of alarms failing to sound on the ventilator equipment during an elective biopsy for left ankle pain.

Award for Plaintiff: $12.00 Million                                          

Case Cite: Jeremy Law vs OSF Healthcare System

Brief Description: Baby boy born with permanent disabilities and is required to be on a ventilator and 24 hour care.  This is a result of the doctor failing to determine child was breech before inducing labor and the nurse’s failure to notify doctor of the baby becoming bradycardic.

Award for Plaintiff: $7.65 Million                                               

Case Cite: Cindy Segerberg, etc. vs Provena St Joseph Medical Center

Brief Description: Nurse failed recognize and respond to fetal heart patterns causing baby boy to suffer from numerous permanent damages. Such as Hypoxic ischemic encephalopathy, seizures, mental retardation, and cerebral palsy.

Award for Plaintiff: $7.00 Million                                            

Case Cite: Claire Putman vs Target

Brief Description: 81 year old woman has suffered from a diffused brain injury which has caused some lasting cognitive deficiencies.  This was a result of Targets doors malfunctioning.

Award for Plaintiff: $6.00 Million                                               

Case Cite: Steven Coulson, et vs A Utility Service Provider, et al.,

Brief Description: 43 year old mother of two suffered injuries such as severe brain injury causing cerebral edema, memory loss, vision problems and cognitive defects.  This happened while riding her bike on the sidewalk and hitting a warning sign which caused her to flip.

Award for Plaintiff: $5.50 Million                                             

Case Cite: Tyanna Cannata, et al. vs Forest Preserve District of DuPage County, et al.

Brief Description: Contamination of ground water in Wayne Township affected the primary water source to about 90 families causing these families to suffer the loss of use and enjoyment of their homes.

Award for Plaintiff: $5.40 Million                                             

Case Cite: Lindsey Welch vs Hinsadale Hospital, et al.,

Brief Description: New born girl and mother released from hospital despite detection of a heart murmur.  Mother was instructed to follow up with pediatrician in 2 weeks.  Within 1 week newborn suffered cardiovascular collapse due to congenital heart defect and coarctation of the aorta which resulted in sustained brain damage and moderate mental retardation.

Award for Plaintiff: $4.75 Million                                             

Case Cite: George Baldwin IV vs William Klairmont, et al.,

Brief Description: 19 year old man was left paralyzed from the chest down as a result of the driver driving while intoxicated in November of  2006.  The two had been drinking at a residence in Lake Forest while a mother was present at the home.

Award for Plaintiff: $4.50 Million                                             

Case Cite: Brief Description: 52 year old suffer severe and permanent brain damage as a result of the hospitals employees failing to properly monitor her post-operatively.  The hospital then failed to resuscitate the woman in a timely manner after apnea.

Award for Plaintiff: $4.10 Million                                       

Case Cite: Christopher Tornow, et al. vs St. Margaret Hospital.

Brief Description: Newborn baby boy suffers from cerebral palsy as a result of the hospital failing to recognize the signs and symptoms of Group B Strep.  After the infant was release the infection had progressed and was untreatable by morning.

Award for Plaintiff: $3.70 Million                           

Case Cite: Robert Brooks, et al. vs Larry L Roundy, et al,

Brief Description: 43 year old man suffered multiple injuries as a result of a truck driver speeding through a construction zone and colliding with another vehicle.

Award for Plaintiff: $3.50 Million                                                 

Case Cite: Estate of Heidi White vs. BroMenn Medical Center, et al.,

Brief Description: 27 year old woman went into respiratory arrest and passed away as a result of nurses failing to properly monitor her after being diagnosed with preeclampsia and HELLP syndrome, as well as the doctor failing to perform a physical exam and order anti-hypertensive medications in a timely manner.

Award for Plaintiff: $3.50 Million                                                 

Case Cite: Samuel Baker vs. Silver Cross Hospital, et al.,

Brief Description: As a result of the nurse failing to report 2.5 hours of fetal tachycardia to the attending OB during the delivery of a baby boy. The infant suffered from hypoxic ischemic injury, brain damage and cerebral palsy which contributed to his death by age 9

Award for Plaintiff: $3.50 Million                                                 

Case Cite: Estate of Ryan Rendleman vs. Effingham Equity, et al.,

Brief Description: 22 year old college student died as a result of a driver of a semi-tractor trailer loaded with 40 tons of agricultural lime failed to stop in a construction zone due to irresponsible driving.

Award for Plaintiff: $3.35 Million                                                 

Case Cite: Elizabeth Bryla, etc. vs. Edward Zurawski, et al.,

Brief Description: 45 year old man killed instantly when a construction superintendent ran a red light.

Award for Plaintiff: $3.20  Million                                                 

Case Cite: Braden metheny, et al. vs. Swedish American Hospital, et al.,

Brief Description: 41 year old man is unable to work and requires 24 hour care due to becoming a quadriplegic as a result of the nurse anesthetist failed to notify doctor of the mans drop in heart rate.  In conjunction to this the doctor continued screwing an allograft into place.  The screw fractured and by not removing the fragment immediately the man was left with pressure on the spine.

Award for Plaintiff: $3.00 Million                                                 

Case Cite: Hunter Santoro, etc. vs. Amber Barhart, MD., et al.,

Brief Description: Newborn suffers from nerve damage to his should and paralysis of his right arm as a result of the doctor using excessive force during the delivery instead of utilizing proper maneuvers to free the infants impacted shoulders.

Award for Plaintiff: $3.00 Million                                                 

Case Cite: Estate of Tiffany Ross vs Carle Foundation Hospital, Carl Clinic Association.,

Brief Description: 31 year old woman suffered from a brain herniation and passed away when there wasn’t a shunt placed during the posterior fossa craniotomy with total resection of the choroid plexus papiloma.

Award for Plaintiff: $3.00  Million                                                

Case Cite: Jessalyn Barr, etc. vs. United States of America, et al.,

Brief Description: 4 year old girl is left blind in one eye and has required multiple plastic surgeries as a result of a concrete wall collapsing and crushing her skull at Great Lakes Naval Base.

Award for Plaintiff: $2.80 Million                                                 

Case Cite: Cindy Smith, etc. vs Jewel Food Stores, Inc., et al.,

Brief Description: 22 year old college student was killed as a result of being rear-ended by a truck driver.  Her vehicle was pushed into a concrete truck which caused her car to burst into flames and collapse.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois medical malpractice damage caps- what do you do about this?

Monday, February 1st, 2010

Legally speaking, what is the difference between this:

and this:

To victims of medical malpractice, the answer is a lot.  Take a recent caller to our office for example.  Her brother went in for a back surgery at a Chicago area hospital.  While back surgery is no joke, you shouldn’t come out with a life altering brain injury as a result of it.  Imagine if you had a job, kids you played with and a real life, but lost all of that from a surgery.  Imagine if you are a spouse of such a person.  Now imagine if they died.

I’m not sure which result I’d personally prefer, but the sad part about those who seek to have damage caps in Illinois medical lawsuits is that it actually provides a motivation for a death to occur.

If there are damage caps, the most you can sue a hospital for when it comes to non-economic damages like pain and suffering, loss of companionship, etc. would be $500,000 against a doctor and one million against a hospital if it was their error.  Now that may sound like a lot money, but is that enough for your spouse or child?  Me neither.  And even if you think it’s enough, you must understand that you will never get that amount.

When a lawsuit is filed, an insurance company typically does a cost/benefit analyis.  As a whole they have taken the approach that if they can make the lawsuits too hard for an attorney then they will discourage even valid cases from going forward.  Don’t believe me then call me after you are rear-ended and have one hospital bill, a little physical therapy and property damage to your car.   Most insurance companies will give you pennies on the dollar to resolve that problem.

So going back to medmal and our example, if the doctor is at fault and the person dies, the most he or his insurance policy has to pay is $500,000.00.  Unfortunately, insurance companies don’t just admit mistakes and pay off the victims.   They will force you to hire a lawyer who must find an expert or two who is willing to testify that malpractice occurred.  By the time depositions take place of all of the experts and trial is finished, it’s not un-common for expenses to be $100,000 to $200,000.  The attorneys that handle these cases advance all that money for their clients.

So if the lawyer wins the trial he gets his $100,000 back.  He also gets his fee which would in this case be around $150,000.  So he has to spend $100,000 in hopes of making $150,000.  Doctors win 80% of the trials.  So the victim’s family gets $250,000 if they win.  Try to find any attorney that will take on such a case.  It’s almost impossible.  Nevada, Wisconsin and Michigan have similar laws.  Search the internet and see how many malpractice attorneys you can find in those states.

Even at one million dollars if they win against a hospital, the incentive for a lawyer to take a case is gone because so many of these cases are lost.  Staying in business would make you bankrupt.

Now if you end up brain damaged but alive and need future medical care, damage caps won’t currently limit recovery for that care.  But it certainly creates a potentially odd dilemma for a doctor.  It’s not hard to imagine that a doctor would know that he screwed up a surgery and that he can either save the patient’s life and render them disabled or let them die.  If that doctor doesn’t carry enough insurance he would be personally liable for any judgment.  Now suddenly he might lose everything.  But if the patient doesn’t make it then he has nothing to worry about.

Now I don’t envision that this would happen on a wide-spread basis;  but any law that provides financial incentive for someone to die is just a bad law.  Rest assured that if damage caps in Illinois stand then there will be no one held responsible in a death of your loved one by medical error.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois family law attorneys- removing a child from the state

Thursday, January 28th, 2010

One of the most common calls we get is from a parent that wants to move out of state with a child or from a parent who is worried their ex will move out of state with a child.

Generally speaking, if you have been in court previously over custody, you are not supposed to permanently move a child without a court order that gives you permission to do so.  If you want to leave the state you should file a motion.  If your ex is threatening to leave you need to get in to court ASAP to block them.

Just as the court does in determining custody, a Judge will look at the best interests of the child in deciding whether or not to let someone leave.  Five things are supposed to be considered:

(1) the likelihood that the proposed move will enhance the general quality of life for both the custodial parent and the children; (2) the motives of the custodial parent in seeking the move; (3) the motives of the non-custodial parent in resisting the removal; (4) the effect on the non-custodial parent’s visitation rights; and (5) whether a realistic and reasonable visitation schedule can be reached if removal is permitted.

If you wanting to leave, the state with your child you better have a plan.  Where you will be moving, why there, where you will live, where the child will go to school, where will you work, what the support system will be and how the other parent’s rights will be met.  You typically can’t just move to Arizona because you are sick of the weather.  But if you have two siblings there and job then you are on the right path to winning your case.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois legal malpractice lawyers: It can be hard to find one, but it’s not impossible

Friday, January 22nd, 2010

 

If you’re looking for an attorney to sue to take on a legal malpractice case, you may be having a hard time. This is because (1) not a lot of lawyers practice in this area and (2) those who do are picky about the cases they take.

There aren’t tons of legal malpractice lawyers out there, and those who exist don’t always advertise it. Some are more focused on medical malpractice or personal injury. Some may be worried about damaging their reputation because they go after other lawyers. We’re not sure the second reason is a good one – if someone is harmed by the malpractice of a lawyer, there’s nothing wrong with seeking compensation.

Even if you find a lawyer who does legal malpractice, they may turn down your particular case. Attorneys who take legal malpractice cases do so on a contingency basis, meaning they only get paid if they win the case. This is why they are picky about the cases they take – they need to win the case in order to get paid and cover the costs of pursuing the case. (The costs are generally paid by your attorney upfront and they can be high.)

Legal malpractice cases are difficult to win because of what you have to prove. In order to succeed you have to prove that you would have won your original case if your attorney hadn’t been negligent. This is tough to do. You also have to show what you lost as a result. This can be easy in a car accident where you were seeking medical bills. But if it’s a custody case, how can you say what that is worth?

We know some excellent attorneys out there who take on legal malpractice cases. If you think you have a case, don’t give up. If you need a recommendation, give us a call. 1-800-517-1614.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.


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