Chicago Injury Lawyers Blog

April 21, 2021

Illinois Appellate Court Issues Opinion Regarding Enforceability of Arbitration Agreement in Nursing Home Fatality Case

Nursing home facilities have several duties and obligations when it comes to ensuring that our elderly loved ones are safe and that they have the care they need. All too often, a nursing home fails to supervise its staff, provide adequate medical care, or ensure that patients and residents are being monitored appropriately. When this happens, residents can face serious injuries and even death. If you or a loved one suffered injuries due to a nursing home’s negligence, contact Therman Law Offices to learn more about whether one of our Chicago nursing home abuse lawyers can assist you.

Recently, a plaintiff who was the guardian of the estate of a woman who passed away filed a case against a nursing home facility alleging violations of the Nursing Home Care Act. The defendants responded to the lawsuit by filing a motion to dismiss and arguing that the resident had signed an arbitration agreement. This document stated that any disputes regarding the care that the facility provides would be solved in an arbitration proceeding.

It also stated that the resident waived her right to pursue legal action against the facility in civil court. An arbitration is similar to a trial because the outcome is legally binding, but it is different in that it is more informal than a trial. There is no jury and the parties agree that one or a number of arbitrators can make a decision about the legal outcome of the dispute.

April 12, 2021

Illinois Court of Appeal Overturns Summary Judgment for Injured Forklift Operator in Multi-Defendant Dispute

by Therman Law Offices, LTD.

One of the most frustrating aspects of a Chicago personal injury lawsuit can be figuring out who is responsible for your injuries. There are often multiple defendants involved in an accident, especially if it happens at a business or other public location. Even if you are able to identify each potentially liable defendant in your lawsuit, they may play games and try to blame the other parties even if they are partially liable. This can create frustration and delays, which prevent injury victims from receiving the compensation that they deserve. At Therman Law Offices, we represent the victims of personal injury accidents and help them fight for the fair treatment and compensation that they deserve.

In a recent lawsuit, the Illinois Court of Appeal issued an opinion regarding a dispute over which defendants were liable for the plaintiff’s injuries. The plaintiff alleged that she was injured while at work after a rack containing merchandise collapsed near her causing its contents to hit her. She was operating a forklift at the time of the accident. In her complaint, she alleged that she was hired by the forklift company to perform work at a property owned by another entity. She alleged that the property owner had a duty to keep the property in a safe condition for employees, invitees, and licensees and that it breached its duty by not addressing the dangerous condition that the shelf posed.

She also alleged that the property owner was responsible for managing the storage racks and that they were not secured properly at the time of the accident. Furthermore, she asserted that the property owner knew or should have known that that was creating an unnecessarily dangerous working environment.

March 22, 2021

Illinois Appellate Court Reverses Dismissal of Nursing Home Abuse Claim Involving Government Tort Immunity Act Defense

by Therman Law Offices, LTD.

When we admit a loved one to a nursing home facility, we trust that they will receive appropriate care and support. Finding out that a nursing home failed to take good care of your relative and caused them to suffer harm can be devastating and traumatic. One option that may be available to you and your family is pursuing compensation through a personal injury lawsuit. A lawyer can assist you with reviewing your situation to see whether the nursing home that was responsible for your loved one’s well-being is financially liable for the expenses associated with their injuries or untimely death. Contact Therman Law Offices today to learn more about working with a Chicago nursing home abuse lawyer.

In a recent case, the plaintiff alleged that his legally disabled relative was a resident at a county-owned nursing home in De Kalb county and that the nursing home facility failed to provide her with adequate care under the Illinois Nursing Home Care Act. More specifically, the complaint stated that the facility knew or should have known that the resident was at high risk for developing pressure sores and that they neglected to care for her in this capacity. The plaintiff alleged that the facility was negligent in failing to create a schedule for turning and repositioning his relative to prevent the sores from developing.

The county moved to dismiss the complaint, arguing that the state’s Tort Immunity Act took precedence over the Nursing Home Care Act. When a government entity is sued for negligence in Illinois, there are special rules that a plaintiff must follow that are different from a regular personal injury case. Under the Tort Immunity Act, there are certain situations in which a government entity cannot be held liable for negligence, for example. The county pointed to several provisions in the Tort Immunity Act to argue that the employees at the nursing home facility could not hold a public employee liable when the public employee was acting within the course and scope of their employment.

March 4, 2021

Illinois Appellate Court Issues Opinion in Wrongful Death Case Involving Discovery Dispute About Decedent’s Mental Health Treatment Records

by Therman Law Offices, LTD.

An issue that can come up in a personal injury lawsuit is whether a party is entitled to see a plaintiff’s psychiatric records or discover information about their mental health status or treatment. For obvious reasons, this can be a very sensitive topic for people and the subject matter is not always relevant to the lawsuit at hand. One way to protect yourself from overreaching parties in a lawsuit is to work with a seasoned Chicago personal injury lawyer. Your attorney will stand in your shoes throughout the proceeding and make sure that you are being treated fairly. This includes making sure that your privacy is respected throughout the lawsuit. Contact Therman Law Offices to learn more about whether we can help you.

In a recent wrongful death case, the plaintiffs alleged that they were attacked at the defendant’s amusement park and that they suffered injuries as a result of the attack. They asserted claims for premises liability and negligence among other things. During discovery, the defendant asked the plaintiffs whether they were claiming psychiatric, psychological, or emotional injuries due to the accident. The plaintiffs responded that they were not seeking any such damages. They also refused to provide responses to questions seeking information about previous injuries or illnesses.

Sometime thereafter, the female plaintiff committed suicide. The plaintiff amended the action to add a claim for wrongful death alleging that as a result of the attack and the defendant’s negligence, the decedent suffered debilitating physical injuries that caused pain and suffering including physical injuries to her brain that ultimately led to her suicide. The defendant responded to the wrongful death claim by filing a motion to dismiss. The defendant argued that the suicide was not related to the initial attack that gave rise to the complaint. The plaintiff continued to withhold discovery about the decedent’s mental health, treatment, or any psychiatric information.

February 20, 2021

Illinois Court of Appeal Discusses Dismissal of Civil Claim Involving Injured Worker

by Therman Law Offices, LTD.

If you were hurt at work, there is a chance that you may be entitled to workers’ compensation benefits. In some situations, you may also have a personal injury claim against the entity responsible for your damages. Knowing which route to pursue and the best way to protect your legal rights can be overwhelming. Many people who are injured at work are preoccupied with healing their injuries and dealing with the financial impact that comes with it. If you are curious about pursuing workers’ compensation benefits or damages in a Chicago personal injury claim, you can speak with someone at Therman Law Offices about your legal options and how to pursue them.

In a recent case, the Illinois Court of Appeal discussed a situation in which a worker was injured while on the job. The defendant in the case was the injured worker’s employer. The worker was employed by a subsidiary of the employer that provided concrete services. The employer had a workers’ compensation insurance policy that provided coverage for its employees as well as employees of the concrete company. The employer entered into a contract with a property owner to perform construction at the site. The plaintiff hurt this back while working on the construction project. He filed a workers’ compensation claim and received $76,000 to cover his medical bills as well as other expenses.

Then, the plaintiff filed a claim against his employer in civil court seeking additional damages and claiming that the employer was liable for his injuries. The employer filed a motion to dismiss the claim on the basis that it was barred. Illinois law states that a worker’s sole remedy for compensation following an on-the-job injury is to pursue benefits through a workers’ compensation claim. The lower court agreed with the defendant and dismissed the complaint.

February 5, 2021

Illinois Appellate Court Upholds Ruling for Injured Plaintiff In Auto Insurance Coverage Dispute

by Therman Law Offices, LTD.

Insurance policies are supposed to provide us with some sense of security should we get hurt in a car accident. Unfortunately, insurance companies often resort to playing games or trying to interpret their policies in a way that benefits them the best. While you are suffering from your injuries and trying to get back on your feet, it can be hard to take the time to read through your policy and understand whether you are getting a fair deal. One way to protect your rights and to make sure you get the payout you deserve is to work with a Chicago personal injury lawyer. If you are involved in an auto insurance dispute or were hurt in a car accident, call Therman Law Offices now.

In a recent case, the Illinois Court of Appeal considered whether an insured’s auto policy required the insurance company to pay her benefits when she was hurt while riding in someone else’s vehicle. The driver of the vehicle in which she was riding hit another car in an intersection. The plaintiff maintained an auto insurance policy that also included uninsured motorist (UM) coverage up to $25,000 for bodily injury or death per person up to $50,000 per accident.

The insurance company filed a claim for a declaratory judgment. This type of claim asks the court to issue a ruling that decides who is right in a legal conflict, such as a contract dispute. The lower court eventually concluded that the plaintiff was entitled to coverage under her UM policy even though she was not riding in her vehicle at the time of the accident.

January 13, 2021

Illinois Court of Appeal Discusses Liability of Landowner in ATV Personal Injury Accident Case

by Therman Law Offices, LTD.

Riding or driving off-road vehicles is a common activity for people who enjoy the outdoors and a bit of adrenaline. There are many ways to engage in this sport, including all-terrain vehicles (ATVs). Although they are much smaller in size compared to other off-road vehicles, ATVs can still pose a serious threat to riders, passengers, and bystanders. These powerful vehicles are capable of flipping over, and it is easy for an inexperienced or even experienced rider to lose control. If you were hurt in an accident involving an ATV, contact Therman Law Offices now to learn more about whether you are entitled to compensation.

Recently, the Illinois Court of Appeal issued an opinion in a case involving an ATV accident. The plaintiff alleged in her complaint that she was hurt while in an accident that happened in Henderson County on a levee. The driver passed through a field, across a road, and onto the levee. While she was driving along the top of the levee, she drove through a section that had washed out the previous year and crashed.

The plaintiff also alleged that the defendant driver of the ATV owed her damages for driving the ATV negligently. She also included as defendants the people who owned the levee and who were responsible for maintaining it. The owners were two brothers who maintained roughly 2,000 acres of farmland. In response to her complaint, the defendants moved for summary judgment. They cited section 11-1427(g) of the Illinois Vehicle Code, also known as the ATV Statute, and said that it precluded premises liability. The trial court ultimately ruled in favor of the defendants and agreed that the plaintiff’s claim was barred according to the statute.

January 7, 2021

Illinois Court of Appeal Reverses Summary Judgment for Defendant in Car Accident Case Where the Plaintiff Passed Away Before Trial

by Therman Law Offices, LTD.

In some serious accidents, the victim passes away before they are able to bring a lawsuit to recover damages. This is not only an incredibly traumatic experience for the victim’s loved ones, but it also leaves a number of questions regarding what happens to the lawsuit and whether justice will still be served. At Therman Law Offices, we represent the victims of Chicago car accidents and assist them with recovering the compensation that they deserve. Our team of legal professionals will make sure that you understand your rights and that your family has the financial recovery it deserves.

Recently, the Illinois Court of Appeal considered whether a lower court properly granted summary judgment in a case involving a plaintiff who passed away due to circumstances unrelated to the accident while his lawsuit was pending. The plaintiff alleged that the other driver swerved into his lane of travel and sideswiped his vehicle. The plaintiff and the defendant were the only witnesses to the accident. The plaintiff passed away after the case was filed, and the defendant filed a motion for summary judgment claiming that the plaintiff’s representative could not prove negligence because there were no other witnesses.

Although an officer reported to the accident, by the time he arrived, both vehicles involved in the accident had been moved to the side of the road. As a result, the defendant argued that the officer was unable to testify to shed light on whether the defendant was negligent. The defendant also argued that the plaintiff’s deposition could not be used as evidence. Under an Illinois discovery statute, the party seeking to use a deposition transcript as evidence when a witness has passed away must show that there are “rare, but compelling, circumstances” that justify the use of the deposition.

December 12, 2020

Illinois Court of Appeal Upholds Summary Judgment for Defendants in Drunk Driving Fatality Case Involving Vicarious Liability Doctrine

by Therman Law Offices, LTD.

If you lost a loved one in a personal injury accident, you might be entitled to compensation for your damages and expenses. It can be terribly overwhelming to think about pursuing legal action during such a traumatic time, which is why consulting with a lawyer can be a great idea. At Therman Law Offices, our Chicago wrongful death lawyers are standing by to assist you with learning more about your legal rights following the tragic and sudden loss of a loved one. We will make sure that you understand every step of the process and help you fight to secure the settlement or judgment that you deserve.

Recently, the Illinois Court of Appeal issued an opinion in a case involving a wrongful death claim. The decedent tragically lost his life in a car accident on Illinois Route 114 in Momence. The driver of the vehicle that struck the decedent’s vehicle had left her friend’s house and was intoxicated at the time of the crash. The plaintiff, a representative of the decedent’s estate, brought claims against the driver and the friends, alleging that they were negligent in allowing the driver to leave the premises while visibly intoxicated.

The plaintiff amended the complaint a number of times and eventually included a claim based on the doctrine of respondeat superior, also known as vicarious liability, alleging that the defendants were liable for the driver’s negligence because the driver was acting in the capacity as an agent for the defendants at the time of the crash. The plaintiff alleged that the driver was acting as an employee of the defendants when the crash occurred. The driver had assisted the friends with unloading feed for their horses before spending two hours consuming alcoholic beverages at the property.

December 3, 2020

Illinois Appellate Court Reverses Dismissal of Battery Claim Against University Professor

by Therman Law Offices, LTD.

If you are involved in a battery, you can bring a claim against the person who injured you for compensation. This civil claim is separate and independent from any criminal liability that the person may face as a result of the altercation. A battery can be an incredibly traumatic and damaging experience. Many victims are hesitant to pursue action because they want to put the painful situation behind them. Contacting a Chicago personal injury lawyer and seeking representation can help you alleviate some of the stress of pursuing the compensation that you deserve from the person who hurt you. Contact Therman Law Offices now to set up a time to speak to an experienced personal injury lawyer.

Recently, the Illinois Court of Appeal issued an opinion in a case where the plaintiff was a student at Chicago State University who alleged that a professor engaged in a battery against her. According to the plaintiff’s complaint, the professor was yelling at the students to be quiet when the plaintiff was singled out. The professor began to eject her from the class by dragging the desk in which she was sitting several feet. Eventually, the professor grabbed the plaintiff by her coat and arm and dragged her out of the classroom. When the plaintiff attempted to reenter the room, the professor blocked her. He then returned to her desk and kicked her personal items onto the floor.

The plaintiff alleged battery against the professor as well as three additional counts against the board of trustees of the university. The defendants filed a motion to dismiss on the grounds that the court lacked jurisdiction over the claims and that the defendants were protected under the Illinois Tort Immunity Act, which limits the situations in which a state entity can be sued for civil claims. The lower court granted the defendants’ motions and dismissed the action.