Personal injury and law book

“Arising Out Of” Employment

The purpose of the Workers’ Compensation Act (Act) is to protect employees against risks and hazards which are particularly characteristics to the specific work they have been employed to do. An injury is compensable under the Act only if it “arises out of” and “in the course of” the employment. The phrase “in the course […]

Frontal vehicle collision

Defense Counsel Crossed the Line During Car Accident Trial

Sometimes during litigation, lawyers go too far. They become overzealous and let their personal experiences influence their tactical decisions. Unfortunately, doing so can oftentimes lead to disastrous results for your client. That’s exactly what happened in Petraski v. Thedos, No. 1 10-3218, a recent decision issued by the Appellate Court of Illinois, First District. The […]

Gavel and stethoscope, medical malpractice lawyers

Illinois Court: Can Medical Malpractice Plaintiff Can Access Hospital Records Before Filing Suit?

In Zangara v. Advocate Christ Medical Center, 2011 WL 2342736, the Appellate Court of Illinois, First District, the plaintiffs contracted methicillin-resistant staphylococcus aureas (MRSA) while patients at Advocate. One person died and the other survived. The medical malpractice lawsuits filed on their behalves alleged that the defendant was negligent in its management of infection and […]

Stethoscope and gavel

Illinois Appeals Court Holds Injured Plaintiff Was Entitled To More Damages

In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages. In Anderson, the plaintiff was injured in a car accident with the defendant, in which the […]

Personal Injury and Workers’ Compensation Round Up

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Court Finds Mild TBI Meets Tort-Claims Verbal Threshold – Traumatic Brain Injury Law Blog City of New York Wins Appellate Court Dismissal of $1,000,000 Knee Injury Verdict – Plaintiff’s Testimony was False and Jury was Irrational – […]