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Total Personal Injury Cases Won

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funeralIn addition to substantive rules that determine when someone is entitled to compensation, there are countless evidentiary and procedural rules that apply to legal proceedings. If a party fails to abide by these evidentiary and procedural rules, it can serve as the basis for a new trial. If a jury is exposed to evidence that it was not supposed to hear, it can unfairly prejudice the jury and skew its ability to apply the law to the facts of the case. As dedicated Chicago personal injury lawyers, we have substantial knowledge regarding the evidentiary and procedural rules that apply during legal proceedings and we will ensure that they are applied fairly in your case.

A recent Illinois appellate opinion provides an example of how an evidentiary rule can impact the outcome of litigation. The decedent’s wife, who was designated the independent administrator of her husband’s estate, brought a wrongful death lawsuit against the medical persons who cared for her husband up until his death, which resulted from a pulmonary embolism. A jury trial was conducted and the jury returned a verdict in favor of the defendants. The plaintiff moved for a new trial, arguing that the defendant’s lawyer ignored a pretrial motion in limine order that barred any mention of her husband’s refusal to be transferred to another hospital on the day that he died. The court found that the comments made by defense counsel in closing violated the motion in limine and were sufficiently prejudicial to warrant a new trial.

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arbitration agreementOne of the most complex parts of a motor vehicle accident is dealing with insurance companies and understanding your rights under a policy. The experienced Chicago car accident lawyers at Therman Law Offices are committed to providing injury victims with the tenacious legal representation they deserve during a stressful and painful injury accident dispute. Insurance companies don’t always have your best interests in mind, but we will fight to make sure that you are treated fairly.

In a recent appellate opinion, the court considered an issue involving an uninsured motorist policy. The plaintiff suffered injuries after being struck by a vehicle as a pedestrian. The plaintiff demanded arbitration with her mother’s insurance policy because the driver of the vehicle was uninsured. The mother’s policy defined an uninsured motor vehicle as a vehicle for which there is no bodily injury liability bond or insurance policy applicable at the time of the accident. It also provides for arbitration of claims involving uninsured motorists. The insurer denied coverage based on a provision in the policy stating that in the event of an accident, written notice – including details about the incident – should be provided to the insurer as soon as possible. It also relied on a Proof of Claim term in the policy requiring that the person making a claim provide information regarding the extent of treatment.

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funeralSome personal injury accidents can be incredibly complex, especially when they involve government entities or first responders. The seasoned team of Chicago personal injury lawyers at Therman Law Offices have handled a wide variety of cases involving many different categories of defendants. We have the experience and knowledge it takes to ensure that you receive the settlement or judgment that you deserve.

A recent opinion from the Illinois Supreme Court illustrates how complex cases can become when they involve first responders. In the action, a wrongful death and survival action was filed on behalf of a deceased woman against several first responders, including various fire protection districts, ambulance crew, a 911 operator, and emergency medical dispatchers. The complaint alleged that the defendants acted negligently in rendering care to the decedent and that as a result of their negligence she lost her life.

According to the record, the decedent called 911 because she was unable to breathe and she was connected to a 911 operator. She provided her address and the 911 operator transferred her to a dispatch line. An emergency medical dispatch received the transferred call. Written procedures required the 911 operator to communicate the nature of the emergency matter to the dispatcher, but the 911 operator hung up as soon as the call was transferred. The medical dispatcher asked the decedent some questions but she did not respond, so he hung up the phone and called the number twice receiving a busy signal each time. He placed the call in line for emergency medical dispatch and listed the cause as unknown.

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Knowing the best way to protect your legal rights following an accident can be daunting. This is why most people turn to a seasoned Chicago personal injury lawyer to learn more about their options and how to secure the outcome that they deserve during a difficult and traumatic situation.Legal News Gavel

In a recent appellate opinion, an Illinois court considered a case brought by a plaintiff alleging that her attorney mishandled the dispensation of funds obtained from a personal injury lawsuit on her behalf when she was a minor. The plaintiff received $600,000 in a settlement for injuries that she sustained, and her mother was appointed the guardian of her estate. The attorney was appointed as the plaintiff’s guardian ad litem. In 2012, the plaintiff sued her mother, alleging that she spent funds from the settlement that were not used for the plaintiff’s benefit, totaling nearly $80,000. The attorney was not named as a defendant in this action.

The court ultimately entered an award in the plaintiff’s interest but limited the damages on the basis that the plaintiff had a guardian ad litem who was supposed to be monitoring the mother’s withdrawals from the settlement account. The plaintiff next filed a lawsuit against the guardian ad litem, alleging that the attorney allowed the mother to misuse the settlement funds for her own benefit. She alleged that the attorney did not meet or even speak with the plaintiff while he was acting as guardian ad litem and that he did not verify whether the mother’s withdrawal statements were accurate.

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Although you may believe that other people’s residences and properties are safe and free of dangers, there are all too many legal actions that involve sudden slip and fall injuries in the Chicago area. As dedicated Chicago premises liability lawyers, we are ready to assist you with understanding your legal rights following an unexpected and avoidable accident.Legal News Gavel

In a recent appellate action, the plaintiff filed a lawsuit against two defendants after falling while visiting their property. The plaintiff was a certified nursing assistant rendering health care services in-home. The plaintiff was working for the defendants and caring for one of the defendants’ grandparents. When the plaintiff would arrive, she would enter through the front entrance and exit through the front entrance. This required walking up and down a flight of stairs that led to the porch.

Evidence in the trial record indicated that the plaintiff became friends with one of the defendants. They made social visits on occasion, including some social visits at the defendant’s home. During one of these social occasions, the defendant’s dog was standing next to the plaintiff on the porch as the plaintiff prepared to leave. The plaintiff testified that she moved her foot when the dog came to stand beside her, and her foot went off the edge of the porch, causing her to fall down the stairs.

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One of the most complex issues that individuals in nursing home abuse and negligence cases address is the legal effect of an arbitration agreement. Many facilities include these in the initial contracts that are signed when an individual enters the nursing home. As dedicated Chicago nursing home negligence lawyers, we are skilled at reviewing arbitration agreements and assisting families with determining a proper course of legal action in seeking compensation following an inexcusable injury.

In a recent Illinois appellate case, the plaintiff appealed from a lower court’s order compelling the parties to arbitration. The defendant in the action was a nursing home facility, and the plaintiff had filed negligence claims against it, alleging that he fell out of his bed on two separate occasions while a patient at the defendant’s rehabilitation facility. In his complaint, the plaintiff alleged two counts of negligence and two counts of intentional misconduct.Legal News Gavel

In response to this legal action, the defendant argued that the plaintiff had signed a valid arbitration agreement at the time he sought treatment. In support of its position, the defendant included the plaintiff’s admission contract. At the time, the defendant was operating the facility under a different name. The defendant also included information that it alleged showed that the plaintiff had received a verbal explanation regarding the information that he was signing and that he was alert and aware at the time he was admitted to the facility.

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One of the most dangerous types of injuries that an individual can face is a toxic tort. These involve exposure to harmful chemicals or substances. Because of the complexity involved in these types of cases, it is critical to consult an attorney who has experience handling cases involving dangerous substances. Our seasoned Illinois personal injury lawyers have the experience and tenacity it takes to help you and your family cope after this traumatic injury.Legal News Gavel

In a recent Illinois appellate opinion, the plaintiffs were children who were born with birth defects that they asserted were caused in utero as a result of their fathers’ exposure to dangerous substances while they worked for a major auto manufacturer.  The children filed complaints against the carmaker, alleging multiple causes of action, including negligence, breach of assumed duty, strict liability, willful and wanton conduct, and loss of consortium relating to their birth defects and the resulting impairment to the parent-child relationship. The defendant moved to dismiss the action on the basis that they failed to show that they would be entitled to relief on any set of facts, and the trial court granted the motion.

The plaintiffs appealed, alleging that the lower court made a number of reversible errors. First, they alleged that the lower court was wrong in finding that workers’ compensation was the exclusive remedy for their stated harms. They also alleged that the court was wrong in finding that the defendant did not owe a duty to a not-yet-conceived baby, and in finding that the plaintiffs could not establish proximate causation because the fathers did not suffer an injury.

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legalnewsOne of the most common ways that individuals can find themselves suffering from a painful and debilitating injury is in a premises liability incident. There are many places and ways that premises liability accidents can happen, but slip and falls are among the most common. As experienced Illinois premises liability lawyers, we have handled countless slip and fall claims and we are ready to help you secure the settlement or judgment that you deserve.

An Illinois appellate court recently considered a case involving a personal injury accident that took place in a gym. The plaintiff was exercising at the facility under the supervision of a trainer when she slipped and fell on a plyometric step, which is an unsecured piece of equipment. The plaintiff filed a lawsuit against the facility, its corporate affiliate, and the personal trainer alleging negligence as well as willful and wanton conduct. The plaintiff also included a claim for vicarious liability, asserting that the personal trainer was acting as the corporate affiliate’s employee at the time of the injury.

The trial court dismissed the claims alleging willful and wanton conduct against the corporate affiliate but left the allegations against the trainer. Later in the proceedings, the trial court granted summary judgment on all of the plaintiff’s negligence claims based on a waiver-of-liability clause included in the agreement that the plaintiff signed when she joined the facility.

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legalnewsPersonal injury actions can arise in many different scenarios. Regardless of the circumstances, it is essential to consult with a seasoned Illinois personal injury lawyer to ensure that you are asserting your rights to the fullest extent possible. In a recent appellate decision, the court considered whether surviving relatives could recover compensation from a public entity based on allegations that the public entity failed to dispatch a 911 call in a timely manner.

In the case, the decedent was working at a convenience store that he owned located in an apartment building in Chicago. A number of individuals wearing ski masks and brandishing weapons entered the store. A pedestrian outside the store called 911. The Office of Emergency Management and Communications (OEMC) received the first call at 7:12 p.m. and a second call from the same pedestrian at 7:17 p.m. At 7:20 p.m., OEMC dispatched a police unit and two minutes later, additional units were dispatched. Upon arrival, the police found the decedent tied to a chair with a gunshot wound to the head. He was pronounced dead at the scene.

The plaintiffs filed a wrongful death action that proceeded through discovery until the plaintiffs voluntarily dismissed the claim on the eve of trial. They refiled some years later alleging that the decedent was shot and killed two minutes before the officers arrived and that OEMC’s failure to dispatch police to an armed robbery in progress until eight minutes after receiving the first 911 call was willful and wonton and showed a reckless disregard for the decedent’s safety. The defendants moved for summary judgment on several grounds. Some of the public entity defendants claimed immunity under the Tort Immunity Act. One of the defendants argued that it did not owe the decedent a duty to protect him from a third party attack and that the decedent’s death was the proximate cause of a third party’s actions. It also argued that the earlier dispatch of a police unit would have prevented his death was entirely speculative. The trial court granted the motion for summary judgment and the plaintiffs appealed.

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legalnewsSome personal injury lawsuits give rise to several causes of action. This can create major complexities and procedural issues that are best handled by a seasoned Illinois personal injury lawyer. A recent wrongful death case and malicious prosecution case demonstrates the wide variety of legal actions that can arise from one incident.

A licensed physician was married to the plaintiff’s son. The son died in 2008 when he fell off a ladder outside of his residence. The wife was appointed as administrator of the estate because the son died intestate. A dispute arose between the wife and plaintiffs regarding the son’s assets. While that dispute was pending, the plaintiffs filed a wrongful death action against the wife, claiming that she prescribed the son Ambien even though a side effect of the medication was sleepwalking and the wife knew of the son’s existing propensity for sleepwalking. In sum, the complaint alleged that it was negligent and careless to prescribe the son Ambien and that doing so was the proximate cause of his death.

The wife claimed she never received service of the wrongful death complaint and only learned about its existence in 2010 when reading a newspaper article. She alleged that she was contacted to appear on the television show Dr. Phil to discuss Ambien. She also alleged that the claim was reported to her malpractice insurance carrier and other public entities. The probate dispute later resolved and the plaintiffs dismissed their wrongful death lawsuit.

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