Blogs

Does a $29.1 million verdict in a medical malpractice case "prove" the legal system is broken?

It is often said among proponents of medical malpractice reform that a jury comprised of ordinary citizens cannot evaluate whether a doctor or hospital acted negligently because medical issues are too complex for the average person who lacks the experience to weigh a doctor’s actions. According to these advocates, jurors too often reach their decision not on the medical evidence, but on the basis of sympathy for the medical condition of the plaintiff.

Employee Trusts Employer to Take Care of Him and Does Not File Workers Comp Claim--Is There a Happy Ending Here?

My client, Jim, has been a delivery driver for his company for 15 years. On June 1, 2011 he injured his low back while delivering 25 packages, each weighing 50 lbs. He did not know whether he had a serious injury or something that would go away after a night’s sleep so he did not call in his injury to his supervisor.

Theoretical Money vs. Real Money

I think it is the experience of every personal injury lawyer that there can be a major difference between the sum of money a client says (s)he will accept before the defendant puts any money on the table—“theoretical money”, and the lesser sum of money the client insists on accepting once actual money is offered—“real money.”

Trial Location: An Important Factor in a Lawsuit

A “jury of one’s peers” as the Constitution provides, does not mean all jurors receive the same evidence in the same way. Where a juror lives often reflects community bias, more or less favorable to personal injury litigation. Juries in Cook County (Chicago) are considered more favorable for personal injury litigation than DuPage County (Wheaton, Naperville).

Can Repetitive Trauma Result in a Successful Workers’ Compensation Claim?

Answer: “Yes”. An employee whose job requires repeated movement and pressure on any part of his/her body -– typically a hand, shoulder or low back – may be entitled to Workers’ Compensation benefits in the same manner as a worker who suffers an injury in a single traumatic event such as a fall or a car accident.

Personal Injury Legal Advice: Which Facts Wins the Case?

Short answer: those “facts” which the jury believes. Some evidence has so tenuous a relationship to objective reality that you might think to yourself that one side or another “has to win” its case. Not so.

Why Personal Injury Attorneys Reject Cases

From the initial client contact to the end of a case, personal injury lawyers continuously reassess 2 factors: 

Bicycle-car accidents

As an “approved” attorney on the Active Transportation Alliance’s (“ATA”) referral list, I get phone calls all the time from people who were involved in “minor” bicycle vs. car accidents asking me what they should do. The most common questions are whether they should contact the police or get checked out by a doctor, even when they weren’t hurt that badly or if there wasn’t a lot of damage to their bike. The answers are always “yes” and “yes”.

Stat

A “stat” order means that the medical test ordered by your doctor- eg. an MRI, complete blood count, angiogram- should occur immediately. It also means your doctor should learn the results of the test as soon as they’re available.  A “stat” order suggests a possible emergency condition, one where treatment must immediately be undertaken. Tests not designated as “stat” can occur when possible- a few hours, the next day or even next week.

Independent Contractor or Employee?

Even though you may have been paid in cash by the hour to perform maintenance, carpentry, home repair--whatever your trade may be--you may very well have the right to file a Workers Compensation claim if you get hurt at work.  
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