Recently, the Democratic leaders in Springfield announced a series of measures designed to produce a environment in Illinois friendly to job creation. Among those measures: the creation of committees to study possible reforms in workers compensation, Medicaid, and education. While the top personal injury attorneys of Passen & Powell agree that these areas could be… Read More
IL Medical Malpractice Vote May Cost Judge His Job
As experienced medical malpractice attorneys practicing predominately in Illinois, we breathed a collective sigh of relief when the Illinois Supreme Court recently struck down as unconstitutional, once again, legislation that capped the amount of damages recoverable in medical malpractice cases. Unfortunately, one of the judges responsible for that opinion, Thomas L. Kilbride, now faces a… Read More
Trucking Accident Cases Require an Experienced Attorney
Many people, including attorneys, do not fully understand what is required to prosecute and try a trucking accident case. These cases, while sharing basic similarities with auto accident cases, are in fact a very different breed. They require special knowledge of the trucking industry, the players involved, and the various state and federal laws and… Read More
KY Truck Accident Highlights Continuing Problems with Trucking Safety
As Chicago personal injury lawyers with substantial experience handling trucking accident cases, we are familiar with the devastation caused by crashes involving tractor-trailer trucks. Yesterday was a brutal example of such devastation. A trucking accident in Kentucky claimed the lives of at least eleven people and injured many more. The accident, which happened just before… Read More
Tort Reform Properlty Remains Out of Health Care Bills
As President Obama and fellow democrats went back to the drawing board once again concerning health care reform, conservatives representing the insurance lobby raised calls for tort reform. Fortunately for the hundreds of thousands of Americans seriously injured or killed each year by preventable medical errors, our Chicago medical malpractice attorneys are pleased to report… Read More
No ‘Relation Back’ in Personal Injury Complaint Adding Employer Defendant
People sometimes wonder why it is important to contact an experienced personal injury lawyer as soon as possible if you suspect an injury was caused by the carelessness or recklessness of another. One important reason is to identify all possible defendants before the statute of limitations (the time in which a lawsuit must be filed)… Read More
Myths of Medical Malpractice: Drives Up Health Care Costs (Part II)
As noted in yesterday’s post, each day this week our Chicago personal injury lawyers are addressing one of Five Myths of Medical Negligence, as reported earlier this month by the American Association for Justice. Here is Myth #2: Medical Negligence Myth #2: Malpractice Claims Drive Up Health Care Costs There is no question that the… Read More
Sole Proximate Cause and Empty Chair Defense Re-Examined
In Ready v. United Goedecke Services, Inc., a case that has gone back and forth between the Illinois Supreme Court and the Illinois Appellate Court, creating important law along the way, the appellate court recently resurrected a legal defense despised by most experienced personal injury lawyers, namely, the “Empty Chair Defense.” Briefly, Ready involved a… Read More
Client, Not Attorney, Must Sign Response to Request to Admit, Even if Client Cannot be Located
Chicago personal injury lawyers occasionally represent difficult clients, including those that are sometimes difficult to locate. The Illinois Appellate Court for the First District recently decided a case that stresses the importance of effective, timely communication between the client and his or her personal injury lawyer. In Brookbank v. Olson, No. 1-08-1069 (Ill. App. Ct…. Read More
What Costs are Recoverable for Prevailing Plaintiffs in Illinois?
In personal injury actions, and in all civil actions in Illinois where damages are awarded, the prevailing plaintiff is entitled to recover “costs”, in addition to the damages awarded. To ensure that his or her client recovers full compensation under the law, top Chicago personal injury lawyers must familiarize themselves with the relevant statutory authority… Read More