Articles Posted in Personal Injury

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.

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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.

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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.

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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.

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Elevator accidents can be terrifying for the victim. When we get into an elevator, we rarely expect some kind of serious malfunction to occur. But when it does, we can bring a personal injury claim to recover compensation for the damages that we may have suffered as a result of the accident. At Therman Law Offices, our Chicago personal injury lawyers are standing by to help you learn more about the legal system and your potential rights.

In a recent appellate opinion, the Illinois Court of Appeal Discussed an elevator accident involving a man who was working at a construction site. He was in a freight elevator when another passenger pushed the “door close” button causing the door to come down and hit him. The door knocked his hardhat off and caused him to suffer a laceration on his forehead that resulted in a scar. He also had to leave work early due to neck pain.

The man filed a lawsuit against a number of parties including the building owner, the building manager, and the company that designed the elevator. In his complaint, he argued that the elevator did not have a signal that alerted passengers that the gate was closing. He also alleged in his complaint that the defendants had already ordered and received an electronic sensor that would have provided this.

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Intentional emotional distress is a claim that is meant to compensate the plaintiff for the impact of the mental anguish and suffering that he or she experiences after a personal injury accident. There are specific things that a plaintiff must prove to receive compensation for this claim, and it is important to pay attention to the requirements. Unlike a physical injury such as a broken bone, mental suffering can be hard to diagnose and establish. At Therman Law Offices, our Chicago personal injury attorneys are standing by to assist you with making sure that you receive the outcome that you deserve.

Recently, the Illinois Court of Appeal considered a claim in which the plaintiff appealed the dismissal of his intentional infliction of emotional distress claim. Under Illinois law, to establish that the defendant engaged in the intentional infliction of emotional distress, the plaintiff must show (1) the defendant’s conduct was extreme or outrageous; (2) the defendant intended to cause the severe emotional distress or knew there was a high likelihood that it would result; and (3) the conduct did, in fact, cause the plaintiff to suffer emotional distress.

The plaintiff alleged that he pled his claim sufficiently in the complaint. The plaintiff was a professor who filed a complaint against the university alleging that he suffered the intentional infliction of emotional distress over a seven-year period. The defendant moved to dismiss the complaint, stating that he did not plead enough facts to establish a claim for the intentional infliction of emotional distress.

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During trial, there comes a moment when the court must decide which instructions to give the jury before it begins its deliberations. These instructions are what the jury will use to determine whether the defendant is liable to the plaintiff and how much compensation the plaintiff is entitled to receive. This can be one of the most pivotal moments of your case and an important reason to consult with a seasoned Chicago personal injury lawyer. At Therman Law Offices, our team is available to help you navigate the civil court system and to ensure that your rights are protected.

Recently, the Illinois Court of Appeal heard an appeal in a case involving the death of a woman who sought treatment at a hospital. A major issue in the case was whether the court gave the right instructions to the jury. The plaintiff filed a negligence and wrongful action against hospital professionals alleging that they caused the death of her mother. The complaint included a number of causes of action. At the close of evidence, the court instructed the jury on a number of aspects including a rule about missing evidence. The plaintiff requested a number of jury instructions including an instruction on the loss of chance doctrine and missing evidence related to a document that the plaintiff alleged was missing. The trial court denied the plaintiff’s request to include both instructions.

The jury ultimately found for the defendants and the plaintiff appealed, alleging that the court’s failure to include the loss of chance instruction was a reversible error. The appellate court agreed with the plaintiff. The appellate court stated that the plaintiff offered enough evidence to support the use of the loss of chance doctrine and that the matter should have been put before the jury to evaluate. Additionally, the jury instruction that the plaintiff submitted to the court was simple, brief, impartial, and non-argumentative. Because the court failed to give this instruction, the appellate court concluded that the plaintiff was denied the opportunity for a fair trial and reversed the entry of judgment for the defendants.

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Personal injury lawsuits often involve claims of negligence around car accidents and slip and falls. But they can also include situations in which someone failed to exercise reasonable care and skill when providing supervision for someone else. At Therman Law Offices, our seasoned team of Chicago personal injury lawyers is prepared to assist you with exploring your potential claim for damages against the person or entity responsible for your injury or loss.

A recent opinion from the Illinois Court of Appeal demonstrates a situation in which a care provider was accused of negligence in failing to render appropriate care. A minor died at the age of 17 years old from a heroin overdose the day after she was treated for a heroin overdose and discharged from an emergency department. Her mother, acting as administrator of her daughter’s estate, brought a claim against the emergency department, the operator of the department, and a number of care providers, alleging that they were negligent in not admitting or holding her daughter after her first overdose.

The mother appealed a judgment from a jury in favor of the defendants on the basis that the lower court abused its discretion in granting a number of pre-trial motions regarding the evidence to be offered at trial. The mother also alleged that the verdict was against the manifest weight of the evidence and the lower court should have granted her motion for a judgment notwithstanding the verdict, or granted a new trial. The defendants alleged that the pre-trial evidentiary motions were appropriately granted because the plaintiff’s retained emergency department expert was not qualified to testify about the psychiatric standard of care and because the plaintiff did not disclose the opinion that the expert intended to offer at trial. The appellate court denied the plaintiff’s motions and affirmed the jury’s verdict in favor of the defense.

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There are many different rules that apply to filing a claim with your insurer for a bicycle accident. If you do not follow some of these rules, then you may find that your claim is denied. At Therman Law Offices, we are available to assist Chicago bicycle accident victims with protecting their right to compensation. This includes ensuring that insurers treat you fairly and do not take advantage of you. While you are coping with injuries and stressful disruptions in your life, we will provide you with the responsive and compassionate legal representation that you deserve.

In a recent appellate opinion, the Illinois Court of Appeal considered a claim in which an injury bicyclist filed a claim with his mother’s auto insurance after being struck by a hit and run driver. The insurance company denied the claim on the basis that the son did not follow the requirements of the insurance policy. Specifically, it argued that the policy required someone injured by a hit-and-run driver to report the accident to the police within 24 hours to as soon as practicable. In this situation, the son did not notify the police until 11 days after the accident.

The son filed an action seeking declaratory relief, which is a type of action that asks the court to resolve a particular legal issue or dispute. The plaintiff and the insurer both filed motions for summary judgment. The lower court agreed with the insurer and granted its motion for summary judgment, thereby ending the legal dispute.

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Although many personal injury accidents involve two private citizens, some claims involve a municipality. Whether it involves the unsafe design of a roadway or the failure to provide warnings about dangerous conditions on property under government control, claims against municipalities are common. There are different rules that apply when someone is suing a city or other local agency alleging that it engaged in negligent conduct and that he or she suffered harm as a result. There are some situations in which a municipality will be granted immunity from suit and it is critical to understand how these laws may apply to your claim. At Therman Law Offices, our Chicago personal injury lawyers are standing by and prepared to help you determine whether you have a valid claim against a local agency for your injuries.

A recent appellate opinion explores government immunity in negligence lawsuits. The plaintiff filed a claim alleging that he was injured when the front tire of his bike went into a hole created by a broken grating bar on a bridge in Chicago. The cyclist was traveling on the paved roadway of a designated bicycling route during morning traffic when the accident occurred. The complaint that he filed against the city alleged that it was negligent in failing to repair the hole and by making the bridge a part of the designated bicycle route even though the bridge was unreasonably dangerous. In general, the Illinois Court of Claims Act and the Governmental Employees Tort Immunity Act apply to negligence claims brought against the government and its employees. In general, a claim against a local government must be based on willful and wanton conduct and cannot simply be based on carelessness or simple negligence.

In response to the complaint, the city alleged that the bridge was reasonably safe, that the plaintiff was comparatively negligent, and that the city was protected from lawsuits regarding its design of bicycle routes through the government tort immunity laws in Illinois. After hearing evidence from witnesses and experts, the jury concluded that the plaintiff was contributorily negligent, that the city was entitled to immunity, and that the city was not negligent in its design of the bike path, including the bridge. The plaintiff appealed the lower court’s denial of a motion for a new trial among other allegations of error.

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