Articles Posted in Personal Injury

Arbitration agreements often come in situations involving personal injury lawsuits. Many people do not take the time to read what they are signing and, in most situations, they do not have an option to negotiate the terms of the deal. One of the most common places that arbitration agreements arise involves rehabilitation facilities or nursing homes. If you or a loved one was injured in one of these facilities and you signed an arbitration agreement, it is critical that you speak with a diligent Chicago personal injury attorney as soon as possible.

A recent case from the Illinois Court of Appeal examined an arbitration agreement signed by a person who was admitted to a rehabilitation facility. The plaintiff alleged that he fell out of bed as a result of the negligence of the facility and that he suffered injuries as a result. In response to the lawsuit, the defendant facility filed a motion to dismiss and pointed to the arbitration agreement that the plaintiff signed. The agreement stated that the parties would arbitrate any claims of negligence arising from the plaintiff’s stay at the facility. The facility also filed a motion to compel arbitration. It also provided affidavits from two employees stating that the plaintiff signed the contract and that the plaintiff appeared to be of sound mind when discussing the agreement and signing them.

In response to the motion to compel arbitration, the plaintiff alleged that the agreement was unenforceable because there was no evidence showed that the facility was a party to the arbitration agreement. The facility had undergone administrative changes and a name change since the plaintiff signed the arbitration agreement. The plaintiff also argued that it was unenforceable on the basis that it was signed under duress and due to the unfair bargaining power between the parties.

Continue reading

One of the most challenging aspects of any personal injury claim is preparing for trial. This involves gathering as much evidence as possible and gaining the best understanding of the arguments and evidence that the opposing party will present. There are a number of rules that are designed to make this process as fair as possible, but sometimes disputes arise regarding how the rules should be interpreted. As seasoned Chicago personal injury lawyers, we have substantial experience in preparing for trial and will help you secure the outcome that you deserve.

The plaintiff in a recent case filed a complaint seeking compensation for injuries that she suffered while allegedly riding an elevator controlled and maintained by the defendants. The plaintiff had filed a motion attempting to bar the defendants from admitting testimony from the defendants’ examining physician on the grounds that neither the physician nor the defendants provided the plaintiff with a copy of the report that the examiner prepared after examining the plaintiff. Illinois Supreme Court Rule 215(c) sets a specific time limit for when parties must exchange this report in anticipation of presenting the examining physician for testimony at trial.

The trial court denied the plaintiff’s motion and the plaintiff filed an interlocutory request to have a higher court determine whether the trial court has the discretion to allow a medical examiner under Rule 215 to testify when the opposing party was not provided with a copy of the report that the examiner prepared within the specified timeframe.

Continue reading

Work-related injuries often raise complicated issues regarding liability especially when multiple insurance companies are involved. It can be incredibly difficult to know whether an insurance company has a duty to provide coverage in a lawsuit or whether you are being treated in a fair manner. The workers’ compensation and personal injury lawyers at Therman Law Offices have helped many injured workers to receive the judgment or compensation that they deserve following a work injury and we are standing by to assist you.

Recently, the Illinois Court of Appeal considered a case involving a worker who suffered injuries while working on an escalator. A construction company had hired an escalator company as a subcontractor on a project. The injured worker was an employee for the escalator company. According to the parties’ subcontract agreement, the escalator company named the general contractor and the owner of the property where the construction was taking place as additional insureds under its insurance policy.

When the man was injured, he sued the general contractor and the owner of the premises. The general contractor deferred the claim to the escalator company that employed the worker, but it denied coverage. The general contractor then filed a complaint seeking a declaratory judgment that the escalator company’s insurer had a duty to defend and indemnify the general contractor as an additional insured. It added the escalator company as an additional defendant and argued that it may have breached the subcontract agreement by failing to have adequate insurance.

Continue reading

Elevator accidents are incredibly dangerous, but they can be avoided if the owner and operator of the elevator performs routine maintenance and upkeep to ensure that it is working safely. When the owner and operator fails to take precautions against elevator malfunctions and an accident results, the victim can seek compensation from the owner and operator in a personal injury lawsuit. At Therman Law Offices, we have proudly served numerous victims of Illinois elevator injuries and we are standing by to help you assert your right to compensation.

Recently, a woman filed a complaint against the owners and operators of an elevator seeking compensation for injuries that she suffered while riding the elevator. During the litigation, the plaintiff filed a motion seeking to exclude the testimony of the physician that the defendant’s retained to examine the plaintiff to determine the nature and scope of her injuries and whether the injuries were caused by the elevator. The plaintiff asserted that the defendants did not provide a copy of the doctor’s report to the plaintiff within the timeframe required under Illinois statutes.

The trial court denied the motion, but later granted the plaintiff’s motion to certify a question for a higher court to answer regarding whether the trial court has discretion to allow the doctor to testify when the opposing party did not receive a copy of the examination report within the statutory timeframe.

When you suffer serious and catastrophic injuries, it is important to ensure that you seek enough compensation to cover your future medical treatment needs. There are many ways to estimate these costs, including consultation with a life care planner or medical expert. At Therman Law Offices, our Chicago personal injury attorneys are prepared to help you ensure that your future expenses associated with the injuries that you sustained are properly accounted for in the lawsuit.

Recently, a man filed a personal injury action against a steel company seeking damages for injuries that he suffered when a crane struck a lift in which he was working at the defendant’s facility. The defendant accepted liability for the accident and the matter proceeded to trial for the sole purpose of determining the amount of damages that he was entitled to receive.

The jury awarded the plaintiff $9.9 million in damages and the defendant filed a motion seeking a new trial on the basis that the lower court erred by allowing one of the plaintiff’s expert witnesses to offer an opinion indicating that the plaintiff would require surgery in the future. The expert witness was asked whether, to a reasonable degree of medical certainty, the plaintiff would need hip surgery in the future. When asked what type of hip surgery the plaintiff would require, the doctor testified that he could not answer that question because he was a medical specialist and not a surgical specialist. He indicated that he would send the plaintiff to a hip surgical specialist if the plaintiff were his patient.

Some 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.

Continue reading