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Blog Posts

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Appellate Court Affirms That Plaintiffs Cannot Rely On The Consumer Fraud Act When The Scope Of A Medical Procedure Is At Issue.

Originally an Illinois Supreme Court Rule 23 opinion, pursuant to motion, the First District Appellate Court published its decision in Ripes v. Schlechter, 2017 IL App (1st) 161026. In Ripes, the Plaintiff sought relief by pleading, inter alia, violations of the Consumer Fraud Act when a physician placed breast implants […]

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Tax Consequences in Personal Injury Cases

Tax season is around the corner.  If you have a current claim or case pending for which you are seeking money damages as the result of injuries sustained due to the negligence of a third party, you should consider how a potential settlement or judgment may impact your income tax […]

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What is workers’ compensation?

Workers’ compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. Each state has its own workers’ compensation law. Illinois’ law first took effect in 1912, creating an administrative court system now called the Illinois […]

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The Relation Back Doctrine, Medical Malpractice Statute of Repose, and the Wrongful Death Act – – It’s All Relative

In a case of first impression, the Illinois Supreme Court had to reason with the interplay between the ‘relation back’ statute, the medical malpractice statute of repose and the wrongful death act; each statute carrying a different time period of limitation to file certain claims. In Illinois, the ‘relation back’ […]

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Was There An Error in Your Police Report After a Car Accident?

Let’s face it, we all make mistakes. But even the most innocent mistake on an accident report can have serious consequences for your legal remedies. If you notice that your police report listed the wrong color for your vehicle, or that they did not record your contact information down correctly, […]

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Second District Reaffirms Proper Scope of the Medical Studies Act in Medical Malpractice Cases

On October 26, 2017 the Appellate Court for the Second District released for publication its decision in Grossheusch v. Edward Hospital, 2017 IL App (2d) 160972. In Grossheusch, the Second District tackled the longstanding and judicially vexing question whether certain hospital documents are privileged pursuant to the Medical Studies Act […]

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Are Hospital Liens Against a Minor’s Tort Action Invalid? The Illinois Supreme Court Weighs In.

Usually, when a person suffers some type of injury by no fault of their own, medical bills inevitably rack up.  Sometimes, the injured person is often left bearing much of the costs when his/her health insurance does not cover all of the charges. Or sadly, the patient is left bearing […]

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“Personal Assistants” Seem To Be State Employees.

The Illinois Workers’ Compensation Commission has historically rejected the argument that “personal assistants” are not State employees. This was re-emphasized in Hoffman v. Madigan, 2017 IL App (4th) 160392. In Hoffman, a State agency, the Department of Central Management Services (“CMS”) brought a complaint against the Attorney General seeking injunctive […]

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You May Not Have As Much Insurance Coverage As You Think

Many are not aware that the law allows an insurance company to apply a “set-off” based on moneys received from a different portion of the defendant’s insurance policy. A “set-off” is a provision in the contract language that allows the insurance company to reduce coverage in one section of insurance […]

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Insurance Coverage Depends on Contractual Interpretation of “Reasonable Belief”

On September 25, 2017, the Illinois Appellate Court for the First District reversed summary judgment and rebuffed Founders Insurance Company’s argument that existing Illinois case law allowed it to refuse coverage after a driver with only a learner’s permit collided with another vehicle because a licensed adult was not in […]