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Contractor Liability in Construction Accident Cases
2009-01-23 13:21:01
Competent Chicago construction site accident lawyers stay abreast of Illinois law concerning general contractor liability.  An Illinois appellate court held that a general contractor owed a duty of care to an ironworker employed by a subcontractor who injured his back while unloading bolts at a Chicago condominium development because the contractor retained sufficient control over [...]
Read more: Contractor , Liability , Construction

Metra Not Immune From Train Accident Lawsuits
2009-01-21 15:57:00
In a win for Chicago train accident lawyers and their injured clients, Illinois circuit court recently held that the Illinois Tort Immunity Act does not apply to a common carrier such as the metropolitan commuter railroad system (”Metra”).  The court ruled Metra was not shielded by the Tort Immunity Act in a personal injury lawsuit [...]
Read more: Immune , Train , Lawsuits

Police Chase Cases — Proving Willful and Wanton Conduct
2009-01-09 13:51:50
When policemen are engaged in a  reckless police chase in Illinois, as long as they are considered to be “executing” or “enforcing” the law, the Tort Immunity Act will apply.  Therefore, to survive a motion to dismiss or motion for summary judgment in an action against the city, a plaintiff and his or her Chicago [...]
Read more: Police , Proving , Conduct

Top 10 Things To Do If You Are In A Car Accident: Advice From A Personal Injury Lawyer
2009-01-07 09:02:58
Note:  These rules apply whether you are in an auto, bus, motorcycle, truck accident, etc. 10. Seek Medical Treatment Ok, you’ve just been in a car accident.  Assuming you’re still conscious, the first thing to do is relax and assess your physical condition.  If the accident is serious and you have access to a cell phone, call [...]
Read more: Personal , Injury , Lawyer , Car Accident , Personal Injury , Personal Injury Lawyer

Zero Damages for Disability and Loss of Normal Life Not Inconsistent With Positive Jury Award for Medical Expenses and Pain and Suffering
2008-12-30 16:06:20
Proving damages sustained by injured plaintiffs and their family members is one of the most important skills required of experienced personal injury attorneys in Chicago and Illinois as a whole.  Successful Chicago personal injury trial lawyers must be able to communicate persuasively to a jury support for each element of damages available under Illinois law [...]
Read more: Disability , Normal , Inconsistent , Positive , Award , Expenses , Suffering

City Liable For Willful and Wanton Conduct in Releasing Drunken Teenager Leading to Wrongful Death
2008-12-30 11:40:21
The Illinois appellate court for the Fifth District recently held that a plaintiff’s personal injury law firm may proceed with its action against the City of Herrin arising out of the death of Chelsea Keene on August 9, 2003, as she walked along a public street in Herrin, Illinois.  Keener v. City of Herrin, No. [...]
Read more: Conduct , Teenager , Leading

Wrongful Birth Damages Under Illinois Law
2008-12-24 12:10:35
Illinois recognizes a cause of action based on “wrongful birth.”  However, Illinois personal injury attorneys must be aware of types of damages available in wrongful birth actions. The seminal case dealing with wrongful birth actions is Siemieniec v. Lutheran General Hosp., 117 Ill. 2d 230 (Ill. 1987). In Siemieniec, the parents of a child born with [...]
Read more: Illinois

Answering Requests To Admit Facts In Illinois
2008-12-23 17:28:07
Qualified Chicago personal injury lawyers often engage in years of discovery before a case is settled or goes to trial.  One of the most important tools of discovery available to personal injury lawyers in Illinois are requests for the admission of facts (”requests to admit”).  Illinois Supreme Court Rule 216. This is especially true after Szczeblewski [...]
Read more: Requests

Re-Filed Willful and Wanton Claim Barred by Res Judicata After Dismissal of Negligence Claim
2008-12-11 16:55:07
Chicago personal injury attorneys must become familiar with a recent Illinois Supreme Court decision, Hudson v. City of Chicago, 228 Ill. 2d 462 (Ill. 2008), before deciding to voluntarily dismiss an action pursuant to section 2-1009 of the Code of Civil Procedure (”Code”). On March 30, 1999, plaintiffs filed suit against the City of Chicago alleging [...]
Read more: Negligence

Medical Malpractice Complaint Improperly Dismissed Based on Lack of Diligence in Obtaining Service
2008-12-11 12:17:04
Attorneys in Illinois, notably Chicago medical malpractice lawyers, must exercise “reasonable diligence to obtain service on a defendant” after filing a lawsuit; otherwise, the case may be dismissed.  Illinois Supreme Court Rule (”Rule”) 103(b). In Case v. Gallesburg Cottage Hosp., 227 Ill. 2d 207 (Ill. 2007), the Illinois Supreme Court held that a trial court should [...]
Read more: Complaint , Diligence , Service

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