Illinois personal injury lawyers representing clients who are injured slipping on snow or ice will now find that the likelihood of obtaining compensation for the client is remote. In Krywin v. Chicago Transit Authority, 238 Ill. 2d 215, 2010 WL 2780319, (2010), the Illinois Supreme Court held: We conclude that…
Articles Posted in Personal Injury
Illinois Sexual Abuse Victims Law Updates
Illinois sexual abuse victims and their attorneys have experienced progress and setbacks in attempts to receive just compensation for their injuries-many of which are catastrophic and permanent. …735 ILCS 5/8-2801 protects victims of sexual abuse having to defend against evidence of other sexual behavior. This is extremely important because victims…
Illinois Uninsured and Underinsured Motorist Claims
Illinois car accident attorneys should be aware of two recent opinions which expand the rights of injured parties to recover in uninsured motorist and underinsured motorist claims: (1) Uninsured Motorist claims – Nicholson v. State Farm Ins. Co., 2010 WL 1208887 (Ill. App. Ct. 2nd Dist.) released March 23, 2010.…
Illinois Railroad Accident Brings $33 Million
Victim of Illinois railroad accident receives a $33 million from jury on March 25, 2010. A 19 year old railroad conductor was severely injured on April 8, 2007, when he fell alongside a moving train in the Rock Island train yard while attempting to pull a uncoupling lever on a…
Common Fund Doctrine Applies to Illinois Medical Liens
Illinois personal injury lawyers should be aware that on March 4, 2010, the Appellate Court in Holloway v. Dunway, 2010 WL 763918, held that medical providers stautory liens for services rendered (770 ILCS 23/1 et seq.) to an injured person are subject to reduction under common fund doctrine for attorneys…
Sexual Abuse Victims: Evidence of Prior Sexual Activity
Illinois sexual abuse victims and their lawyers are now protected against having to defend against evidence of other sexual behavior or sexual predisposition. Effective January 1, 2010, 735 ILCS 5/8-2801 provides that: “Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible…
Traumatic Brain Injury Without Loss of Consciousness
Illinois brain injury lawyers should be aware that traumatic brain injury can occur in the absence of loss of consciousness. There is overwhelming ignorance in the medical community that there is even the possibility of permanent brain injury in patients who do not suffer loss of consciousness following a trauma…
U.S. Bans Truckers and Bus Drivers from Texting while Driving
Truck accident attorneys in Illinois and around the nation should be aware that the federal government formally barred truckers and bus drivers from sending text messages while operating a commercial motor vehicle, effective January 27, 2010. The Federal Motor Carrier Safety Administration (FMCSA) did not create a new regulation or…
Illinois Sexual Abuse Victims Lose Big
Illinois sexual abuse victims and their attorneys were severely disappointed with the September 24, 2009, Illinois Supreme Court decision in Doe v. Diocese of Dallas, 234 Ill. 2d 393, 917 N.E. 2d 475. The court framed the issue as: “..whether section 13-202.2 of the Code of Civil Procedure (735 ILCS…
Illinois Law Bans Texting or Emailing While Driving But Not Cell Phone Use
Illinois car and truck accident attorneys in investigating the causes of vehicular crashes should always consider the possibility that one of the drivers was texting, emailing or on a cell phone at the time of the colllision. In 2008, the National Highway Traffic Administration (NHTSA) published a study indicating that…