Chicago Injury Lawyers Blog

May 29, 2020

Illinois Appellate Court Upholds Dismissal of Back Injury Case on Basis of Judicial Estoppel

When you file a personal injury action or any type of legal claim, it is critical to take the process seriously and to abide by the many procedural and substantive rules that Illinois law requires. Navigating the legal system after suffering a painful injury can be incredibly overwhelming and stressful for an injury victim. The seasoned Chicago personal injury attorneys at Therman Law Offices are available to assist you with exploring your legal rights and securing the compensation that you deserve.

A recent opinion from an Illinois Court of Appeal highlights the importance of following the rules in litigation. In the underlying case, the plaintiff filed a personal injury lawsuit against a company alleging that he slipped and fell on polystyrene debris that it negligently left on the floor of its warehouse. The plaintiff worked for another company that contracted with the first company to remove and bail the polystyrene. The complaint was filed on December 31, 2015.

Roughly two years later, the plaintiff filed for Chapter 13 bankruptcy in Arizona. In his paperwork, he did not disclose the pending personal injury lawsuit. A bankruptcy petition is made under oath and subject to perjury laws. These are laws that punish individuals for falsifying information under oath. A few months later, the plaintiff sent the defendant a written offer to settle the personal injury lawsuit in the amount of $1.2 million. Throughout this period, the plaintiff made a number of amendments to his bankruptcy schedules identifying his assets.

In September 2017, the bankruptcy court confirmed a repayment plan for the plaintiff. In December, the defendant in the civil lawsuit filed a motion for summary judgment on the basis that the plaintiff lacked standing to pursue the claim and that he was judicially estopped from seeking legal action when he failed to disclose it in the Chapter 13 bankruptcy petition. The plaintiff eventually amended his bankruptcy schedule to include the personal injury action.

May 14, 2020

Illinois Appellate Court Discusses Statute of Limitations Discovery Rule in Traumatic Brain Injury Case

by Therman Law Offices, LTD.

One of the most important considerations in a personal injury case is ensuring that you file your claim before the statute of limitations expires. The statute of limitations is a law that provides a specific timeframe within which a claim must be filed. Illinois law provides different time frames for different types of injuries and follows the discovery rule, which states that the statute of limitations may be tolled until the time when the victim could have reasonably first discovered that he or she suffered injuries due to someone else’s negligence. As dedicated Chicago personal injury attorneys, Therman Law Offices is standing by and ready to assist you with ensuring that you file your claim in compliance with the statute of limitations.

A recently issued appellate opinion in a case involving a football player who suffered a series of traumatic brain injuries highlights how the statute of limitations can be a critical issue in pursuing compensation. The football player filed a disability insurance claim in 2013 after suffering a concussion that ended his career. He also filed a civil claim against helmet manufacturers for the medical conditions that he suffered.

The defendant responded to the claim by saying that it was barred due to the two-year statute of limitations that applies to personal injury actions in Illinois. According to the defendant, the plaintiff was first aware of his injury in 2013 when he filed the disability insurance claim but did not file his personal injury claim until 2017. The lower court agreed with the defendant’s application of the statute of limitations and dismissed the plaintiff’s case. The plaintiff filed an appeal.

April 28, 2020

Illinois Appellate Court Denies Motion to Compel Arbitration in Nursing Home Wrongful Death Case

by Therman Law Offices, LTD.

Few things are more painful than learning that your loved one suffered abuse and neglect while in a care facility, especially if it leads to his or her unfortunate death. The compassionate and responsive Chicago nursing home abuse lawyers at Therman Law Offices are available to discuss your potential claim against the care facility and/or individuals who are responsible for your loved one’s harm. Although no amount of money can truly make your family whole again after an unnecessary and avoidable loss, it can help ease the financial burden associated with the situation. Contact us today to learn more about your rights and potential options.

In a recent case, the estate of a woman who died at a nursing home as a resident brought a claim against the facility alleging that the operators of the facility were negligent in causing her death and also caused her to suffer before her passing. More specifically, the estate alleged that the facility failed to provide appropriate care and that this resulted in a broken hip.

The defendant responded to the case by filing a motion to dismiss and compel arbitration of the dispute and attached a copy of the voluntary arbitration agreement that the decedent signed when she was admitted. The estate argued that the woman did not have the appropriate mental capacity to enter into the agreement when she signed it. The court rejected this argument and entered an order compelling arbitration of some of the claims in the case. It stayed the wrongful death claim until the arbitration was completed.

April 14, 2020

Illinois Appellate Court Affirms Summary Judgment for Bar in Premises Liability Accident Based on Finding of Sufficient Warnings

by Therman Law Offices, LTD.

Premises liability accidents involve situations where someone is hurt on another person’s property due to the failure of the owner or operator of the property to exercise reasonable care in keeping the premises safe. This means that a premises liability accident can happen virtually anywhere. After you are injured, it can be challenging to know the best way to go about collecting the compensation that you may be owed from a careless owner. At Therman Law Offices, our Chicago personal injury lawyers are prepared to help you explore your potential case and assert your rights.

In a recent claim, an Illinois Court of Appeal considered a case in which the plaintiff alleged that he was injured when he came into contact with a wall heater at the defendant’s establishment, a bar located in Pekin. The establishment had a beer garden functioning as an outdoor smoking area. In the smoking area, a gas-powered heater was mounted on the wall with a sign above it that said, “Heater is hot. We are not responsible for your silly ass getting too close!! Thanks, Pottsie’s.”

The plaintiff alleged that he backed up to the heater to get warm and was swaying back and forth as he was standing. He leaned back to scratch his shoulder and the flannel shirt that he was wearing caught fire due to coming into contact with the heater. He suffered injuries as a result of the incident. An EMT who responded to the accident recorded notes indicating that the plaintiff consumed approximately eight beers during the evening on which the accident took place. The plaintiff also admitted being intoxicated on the same evening.

March 20, 2020

Illinois Appellate Court Reverses Dismissal of Premises Liability Action against Park District Involving Willful and Wanton Conduct Allegations

by Therman Law Offices, LTD.

As the warm season approaches, Illinois residents may be considering some of their favorite summer activities. Although many of us engage in things like camping, fishing, swimming, biking, and hiking, few of us realize that these activities can lead to serious and painful personal injuries. The entities that are responsible for maintaining public recreation areas can be held responsible if their failure to maintain the area in a safe and reasonable condition leads to your injury. At Therman Law Offices, our Chicago premises liability lawyers are prepared to help you evaluate your potential claim and to ensure that the responsible entities are held accountable for the financial damages that you deserve.

In a recent claim, the Illinois Court of Appeal considered whether the lower court properly dismissed the plaintiffs’ amended complaint with prejudice. The complaint alleged that a local park district willfully and wantonly caused the plaintiff’s personal injuries. A complaint dismissed with prejudice means that the parties cannot refile the claim.

In the complaint, the plaintiffs alleged that they had met with officials at the park to determine whether they would book it for their upcoming wedding. The employees described the camp rules during this meeting, took the plaintiffs on a tour, and explained that they could rent one particular campsite that featured two poles. The employees alleged that the poles could be used for the event, according to the complaint. The plaintiffs rented the campsite and attached a camping hammock to the poles. One of the poles broke and caused the plaintiff to suffer injuries.

March 16, 2020

Illinois Appellate Court Upholds Dismissal with Prejudice of Wrongful Death Action Based on Voluntary Undertaking Theory

by Therman Law Offices, LTD.

In some personal injury accidents, it can be difficult to determine who is at fault and whether multiple parties bear responsibility for the devastating outcome. Life is complicated and many accidents often reflect this in the number of parties that are involved in the incident and who may bear liability. Just because a party was involved in an accident at some point does not mean he or she can be held responsible for the outcome. As seasoned Chicago wrongful death lawyers, we are prepared to help you ensure that you hold each potential responsible party accountable for the losses that you’ve sustained.

Recently, the Illinois Court of Appeal considered a claim in which liability was disputed for the death of an individual due to a traumatic brain injury. the decedent was consuming alcoholic beverages at an event sponsored by his employer. The employer provided free alcoholic beverages and the decedent consumed several until he became intoxicated. In the early morning hours, the employer stopped serving the defendant. He later left the premises and fell suffering a traumatic brain injury that ultimately caused his death.

His father, acting as the independent administrator of his son’s estate and as an individual, brought a claim against the employer alleging that it was responsible for his son’s death. The defendant filed a motion to dismiss and the trial court granted it. The father refiled the complaint and alleged negligence under a voluntary undertaking negligence theory. The complaint alleged that the defendant owed a duty of care to the decedent because it voluntarily undertook that duty when it ejected the intoxicated decedent from the bar.

February 26, 2020

Illinois Appellate Court Upholds Summary Judgment for Restaurant in Wrongful Death Action involving Murder

by Therman Law Offices, LTD.

Many people are aware that a landowner can be held liable for failing to take appropriate care and caution when ensuring that his or her property is safe for guests. This includes things like ensuring stairs are functional, electrical outlets are in good working condition, and that balconies are supported properly. Fewer people are aware, however, that a landowner can in some circumstances be held liable when a third party commits a tortious act such as an assault against a guest on his or her property. At Therman Law Offices, our Chicago premises liability attorneys are proud to serve victims of these crimes.

In a recent claim, the plaintiff was the surviving wife of a man who was stabbed in the neck and killed while eating at a restaurant and lounge in Chicago. In the wrongful death action, the wife alleged that the restaurant failed to provide adequate security at the restaurant resulting in her husband’s untimely death. In response to the complaint, the defendant filed a motion for summary judgment. It alleged that judgment in its favor was appropriate because it did not have a legal duty to prevent the decedent from being murdered in the restaurant. The lower court ultimately granted the motion finding that there was no evidence offered to show that the altercation was foreseeable.

The plaintiff appealed. On review, the court reiterated the rule that a landowner’s duty to protect guests from attacks from third parties only extends to situations where an attack would be foreseeable. If the landowner has no reason to know that a criminal act is foreseeable, then the landowner does not have a duty to protect patrons. In assessing whether an injury was foreseeable, the court must consider the likelihood of an injury stemming from a third-party attack, the magnitude of imposing a burden to guard against the injury on the landowner, and the consequences of placing that burden on the landowner.

February 13, 2020

Illinois Appellate Court Discusses Pre-Existing Injury Dispute and upholds Reauthorization of Surgery

by Therman Law Offices, LTD.

Workers’ compensation claims can become incredibly complicated and overwhelming for the injured worker. At Therman Law Offices, our experienced Chicago workers’ compensation lawyers have guided people through the process to ensure that they receive the treatment that they should receive. A common issue that comes up in a workers’ compensation claim is whether the claimant suffered from any preexisting injury that is the primary cause of his or her injury. If a pre-existing injury is at play, then the reviewing judge will need to determine whether the work injury is the substantial cause of the injury before awarding benefits. Contact our office today to start learning more about your potential work injury claim and how we can assist you.

In a recent claim, an injured worker filed a claim seeking benefits for an injury he suffered to his right knee while working as a marine technician. He injured his knee when he lowered it onto a concrete floor to install a swim platform on the back of the boat. He received ongoing medical treatment for this injury and was required to take time off of work to heal. Eventually, the insurance carrier for the employer approved a surgical procedure to address his ongoing pain and issues with mobility in the knee. The claimant was then told that the insurance carrier revoked authorization for the procedure due to a note found in his medical records indicating that he had a prior medical procedure on the same knee several years prior. It said in its note to the surgeon who was going to perform the procedure that additional investigation was needed.

The claimant denied receiving medical treatment for that knee and said that he received surgery on his shin and showed the scar to the presiding arbitrator. The arbitrator ultimately concluded that the surgery should be reauthorized and that there was a causal relationship between his current injury and the work injury. It noted that the insurer did not offer any evidence suggesting that the right knee pain he was experiencing was not causally related to the workplace accident. The arbitrator then awarded attorney’s fees to the claimant on the grounds that the insurer engaged in a frivolous claim that did not present a real controversy in asserting that there was a pre-existing condition with the knee in question.

January 27, 2020

Illinois Appellate Court Upholds Denial of Motion to Dismiss for Manufacturer in Fatal Plane Crash Case

by Therman Law Offices, LTD.

When a devastating accident takes place, one of the most frustrating aspects of trying to secure the compensation that you deserve is determining which defendants are liable. There are countless different procedural rules that apply to personal injury cases and certain steps that must be taken to ensure that the right parties are in the lawsuit. Some potential defendants will try to make things as difficult as possible to avoid being named in a lawsuit or to be dismissed from the lawsuit once they are named. The dedicated Chicago personal injury lawyers of Therman Law Offices are prepared to help you assert your rights and obtain the fair treatment that you deserve.

The Illinois Court of Appeals recently issued an opinion in a case involving a plane crash that resulted in the deaths of seven men during April 2015. The estates of the decedents each filed a claim for negligence in Illinois against the maker of component parts for the aircraft and other related defendants. The manufacturer filed a motion seeking dismissal from the lawsuit claiming that the court did not have jurisdiction over the company.

The director of operations for the manufacturer described the company as a Texas limited liability partnership that engages in overhauling engines and selling aircraft parts. It advertises its services and products in several aviation magazines and is registered to do business in Texas. It performed most of its work in Texas and Illinois customers accounted for roughly 1% of its total revenues. The director admitted that the company sold component parts to an aviation company in Illinois and that between 2012 and 2016 it sold component parts to several other companies in Illinois.

January 15, 2020

Illinois Appellate Court Reverses Summary Judgment for Defendant in Dump Truck Accident Case

by Therman Law Offices, LTD.

Truck accidents can happen on the road, causing serious personal injuries and other damages. But they can also cause injuries when the operator or other professional attempts to use the truck. The vehicle does not always have to be in motion for there to be a risk of injury or some negligent conduct. At Therman Law Offices, our Chicago truck accident lawyers are ready to help you seek the compensation that you deserve after an unnecessary and painful truck accident.

A recent case from the Illinois Court of Appeal discusses a situation involving a dump truck. The victim worked for a trucking company as a driver. While he was working on a dump truck leased from another company that was loaded with mulch for a delivery. He climbed on top of the vehicle and lowered himself into the trailer so that he could rake the mulch and level it inside the trailer. At the time he climbed down, he noticed that surfaces of the trailer were wet. When he finished raking and leveling, he attempted to exit the trailer by using the ladder on the side of the trailer when he fell. He landed on his feet and experienced a sharp pain in his back. He informed his employer, completed the delivery, returned to the truck yard, and prepared the next day’s delivery. He used the stairs one more time without incident.

The worker and his wife filed a lawsuit against multiple parties including the trucking company and seller of the truck alleging that the defendants were strictly liable for his injuries and negligent in failing to provide safe access to and from the trailer. They also alleged that the manufacturer failed to provide adequate warnings and safety measures and failed to perform sufficient product testing to ensure the trailer’s safety.