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Posts Tagged ‘personal injury’

Four things to think of before hiring an injury attorney

Monday, August 2nd, 2010
  1. You shouldn’t have to pay anything upfront. Injury attorneys almost always charge a contingency fee, meaning that you don’t pay unless and until you win. The fee is a portion of the amount you recover at the end of the case, either in settlement or at trial. It can vary, but most injury attorneys charge a contingency fee of 1/3.
  2. Find a lawyer who handles injury cases often. The best option, in our opinion, is someone who focuses their entire practice on injury cases, whether it’s medical malpractice, a car accident, or a slip and fall case. Even better, find someone who has handled a case with similar facts. If you suffered permanent injury because of an incorrectly prescribed medication, or paralysis because your air bags that didn’t deploy, find an attorney who has had clients in the same situation.
  3. Experience is important, but so is success. Find a lawyer who has been successful in your type of case. While this doesn’t mean they’ll automatically win your case, it’s a good place to start.
  4. Interview your attorney before hiring them. Ask what their plan is for your case. Ask how they will communicate with you. Ask what their strategy is, and what you can do to help your case. Ask how much they think your case is worth. If the attorney isn’t willing to answer your questions, or seems disinterested, maybe you should keep looking.

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 advice. Do I have a personal injury case?

Wednesday, June 2nd, 2010

Every Wednesday we provide five legal tips based on questions we have received from readers.  Today’s tips cover the topic of whether or not you have a personal injury case that is worth pursuing.

1. My daughter went to a friend’s house for what I thought was going to be a sleep over.  Turns out there was a drinking party and the parents of her friend bought the alcohol.  My daughter got drunk and apparently blacked out and had sex with a boy there.  Do these parents have any liability?

Yes.  It is against Illinois law to supply alcohol in this fashion and for parents to consent to a drinking party on their property.  They are essentially on the hook for anything bad that happens.  On top of that, the event itself is considered a felony punishable by jail time.

I went with some co-workers to lunch and after about three bites of my salad I noticed a cock-roach in there.  I immediately threw up out of disgust.  They offered to buy me a new lunch, but I want to know if I can sue them?

It’s only worth a lawsuit if there are real damages which hopefully there are not.  Otherwise we suggest that you contact the local department of health.

I lost control of my car and ran in to a pole at 35 miles an hour.  The airbags in my car did not deploy and I hit my head on the windshield.  Can I sue the car dealer?

Although some Illinois accident attorneys would disagree with us, unless there is a major injury from this like brain damage, loss of use of an arm, etc. the costs of a product liability lawsuit are so great that bringing a suit would probably cost more than you can recover.

My son was at his grandpa’s house (the father of my ex).  Grandpa asked him to go the basement to get a chair.  The stairway was dark so my son didn’t see the shirt on the fourth step.  This caused him to slip, fall down the stairs and break his arm and leg.  Can I bring a case for him against the home-owner’s insurance?  Someone told me that you can’t sue a relative.

Yes this is a case and yes you can sue a relative with some exceptions.  For example, if your kids get hurt in your house while living with you, they can’t sue.  One spouse can’t sue the other.  But for the most part it’s just a matter of whether or not there was negligence which in this case there clearly was.

My daughter lives in a group home for mentally handicapped adults.  She has the IQ of a seven year old and is still in diapers.  Somehow she was left alone and got pregnant by a man in that home who is also handicapped.  Their bylaws have rules against patients being left alone.  Now I have a grandson that I have to raise because she of course can’t take care of him.  Does this home owe our family anything?  I feel they were negligent.

I do believe that this is a case especially given what their own rules state.  Those rules create expectations and when those expectations are not met it leads to a harm like this.

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.

My Illinois personal injury attorney has been paid off!

Thursday, March 11th, 2010

The legal system is a marathon, not a sprint.  A lot of people don’t understand this or don’t want to accept this, especially when they think that they have a great case.  Sometimes what seems like a great case to an attorney ends up not looking so good once they get some additional information. 

For example, if you have a client come to your office with a broken leg who tells you that he was hit in a cross-walk when he had the right away, as a lawyer you’d want that case.  But after the lawsuit starts an independent witness comes forward that says the client was running back in to traffic to get a dropped cell phone and didn’t have the right of way then the case isn’t so appealing anymore.

So whether it’s the passing of time or the lawyer not feeling as strongly about the case, some clients get suspicious.  About once a month someone calls us looking for a new attorney because they are just sure the insurance company has filled their lawyer’s pockets with cash in order to make the case go away.

I’m not denying there are some shady attorneys in Illinois.  And I’m not denying that some attorneys don’t do a great job on their cases.  But I have no doubt in my mind that there has never been a time when an insurance company bribed a lawyer for a plaintiff in order to make the case go away.  How do I know this?  Let me count the ways:

1. First off, if the case is worth a lot of money, then the lawyer would make a lot if he was successful. Why risk prison and a loss of your career over an amount of money that you could earn by just doing your job?  e.g. If the case is worth up to one million, most lawyers would get 1/3 of that.  Why would you accept a bribe of $100,000 if you can make three times that?   And if you think the insurance company would pay more then what is the point of the bribe as it wouldn’t help their bottom line?

2. Second, this isn’t the type of scheme that two people could just pull off.  Even if a defense attorney wanted to do this for his plaintiff buddy, he’d have to tell his client to break the law which would then require a multi-million or billion dollar company to do something that could cause them to be shut down.   All of these cases are audited and reviewed by multiple people at the insurance company and the chances of many people covering up something illegal when they get no personal gain is almost none.

3. As a client if you felt that you had a big case and it wasn’t going your way or you didn’t like what you heard, you’d get a 2nd opinion.  If you did then the schemers would surely get busted.  Aside from jail and a loss of license, your lawyer would be subject to a legal malpractice lawsuit.

4. Over the years we have seen individual attorneys get busted for un-ethical conduct; we have seen insurance execs busted for stealing from the company; we have seen plaintiffs busted for faking claims; but we’ve never heard of a case where parties with competing interests were in on a scam together.  If they can un-cover individuals breaking the law, don’t you think it would be easier to uncover a big group?  Of course it would, but it has never happened.

I could go on and on, but there is no need to.  You might have a lazy lawyer.  You might not have a case that is as good as you think.  You might just be impatient.  But if your case isn’t going well take our word for it that it’s not because people are scheming against you.  It just doesn’t happen.

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.

Need a lawyer that only get paid if they win?

Friday, January 15th, 2010

If you are looking for a lawyer that only gets paid if they win, what is typically important is the type of case, not the preference of the attorney as to how they will get paid.  If you have a personal injury case – medical malpractice, car accident, wrongful death, slip and fall, workers’ compensation – you can generally expect to pay nothing upfront. Most attorneys in these areas charge on a contingency basis, meaning you don’t pay unless you win.

Personal injury isn’t the only area of law where contingency fees are the norm. You’ll see contingency fees in some probate cases, especially if you’re contesting a will, debt collection cases if the debt is significant, employment cases like wrongful termination or overtime disputes, loan modification (although there may be a small processing fee), and commercial litigation.

On the other hand, you’ll pay either hourly or a flat fee in these types of cases: estate planning (drafting wills and trusts), setting up a business, personal injury defense, criminal defense, real estate, divorce and child custody.

Why the different types of fees? If you’re suing for money (in the form of “damages” – medical bills, lost wages, pain and suffering), you’ll give your lawyer a percentage at the end if you win. If there’s no lump sum waiting for you (and your lawyer) at the end of the case, then a lawyer is going to charge you separately and probably require a retainer upfront. A retainer is where you give a set amount to the attorney and they take an hourly fee out of the retainer as they work on your case.

So when it comes to the fee arrangement, it’s not up to the attorney as much as it depends on what type of case you have. There are exceptions of course, and in some situations the type of fee is negotiable. However, contingency fees are not permitted for representation in criminal defense or family law cases.

So how much is “no fee upfront” going to cost you in the end? Generally 1/3 of what you recover. Sometimes the law sets the amount lower – workers’ compensation is one example. Other times attorneys are permitted to negotiate the fee higher.

Regardless of what type of fee you are paying, ask questions and make sure you understand the terms of your fee arrangement before your attorney gets started on 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 trial lawyers view on suing for millions

Tuesday, January 12th, 2010

You’ll hear people throwing numbers around when they talk about lawsuits, especially in the media. So it’s no surprise that some people think they can sue for millions, even when their injury is minor.  People use this type of crazy talk to call Cook County a judicial hell hole.  Just because someone calls a press conference to say they are suing for millions does not make it so.

The truth is, the jury usually decides how much a case is worth. The numbers thrown around are pure speculation. In Cook County, it’s only important to know whether someone is suing for less than $50,000 or more than $50,000. The difference is the smaller cases are assigned to the municipal division of the courts, and the larger cases are assigned to the law division. And for a larger case, the attorney has to sign an affidavit stating that the case is worth more than $50,000. So people don’t generally run around suing for millions.

Realistically, the value of a case doesn’t become clear until later. Only after an attorney does a great deal of work – researching, gathering documents and records, interviewing witnesses and the other party – do they even know what the case is worth. And at trial, an expert may testify about calculating the amount of the plaintiff’s damages.

So when someone claims they’re suing for $20 million, it’s just hype. It doesn’t mean that the case is worth that much, or that a jury will award them that much.    And if you look at the facts, million dollar cases are few and far between and the people that have those cases are typically in shoes you would not want to be in.

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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