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Illinois Personal Injury Lawyer Blog

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The Government’s Failure at Camp Lejeune

Update, July 2022: The House and Senate recently passed the Honoring Our PACT Act, which will allow veterans and their families to recover damages for illnesses caused by toxic water at Camp Lejeune by filing an FTCA claim, and if that claim is denied, by filing a toxic tort lawsuit…

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Illinois Supreme Court Bars New Trial Due to Party’s Failure to File Post-Trial Motion Attacking Jury Verdict

The Illinois Supreme Court issued a recent decision highlighting the dangers of commencing an appeal following a jury verdict without first filing a post-trial motion. Specifically, the Supreme Court held that a litigant is required to file a post-trial motion under 735 ILCS 5/2-1202 in order to challenge a jury’s…

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Woman’s Wrongful Death Claims Against Surgeon for the Death of an Unborn Fetus Who Died as a Result of a Lawful Abortion is Allowed to Proceed

The First District Appellate Court issued a recent decision addressing whether a pregnant woman, who is compelled to abort her fetus because of a possible injury to the fetus caused by a doctor’s negligence, can sue the doctor for the injury and death of her unborn child even though she…

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Understanding the Difference Between Discovery Depositions and Evidence Depositions

Depositions are an enormously useful and important resource and typically the most effective way for parties to obtain information necessary for trial. Illinois rules provide for two types of depositions: discovery depositions and evidence depositions. See Ill. So. Ct. R. 202. Illinois is unique in that it is the only…

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Uber Eats, Door Dash, & Grub Hub Accidents: What Happens If You Are Hit by a Delivery Driver?

Food delivery services like Uber Eats, Door Dash, Postmates, and Grub Hub have become something we rely on in today’s fast-paced world. There’s nothing quite like getting food delivered right to your door. Moreover, during the COVID-19 crisis, these services are helping restaurants stay afloat and can be a safer…

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Insurers are trying to settle high-stakes liability cases so they can afford to defend business interruption claims

As plaintiffs’ lawyers representing both people and businesses, we are no strangers to dealing with insurance companies and making them pay. We have seen some very interesting developments in the insurance world since the spread of COVID-19. The first thing we noticed: adjusters and defense attorneys started calling and offering…

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COVID-19 Causes Government to Suspend Truck Driver Safety Rules

In response to the nationwide COVID-19 outbreak, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration on March 13, 2020, increasing the hours commercial vehicle drivers can be on the road without taking a break and providing certain other relief for these drivers transporting emergency relief items.  The…

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President Trump at Odds with Insurance Companies and Fellow Republicans over Business Interruption Insurance Coverage During COVID-19

The president recently got himself into hot water with insurance companies when he spoke about the need for insurers to make good and pay up on claims for business interruption losses in the wake of COVID-19. In a coronavirus briefing, the president went on the offensive, criticizing insurers for denying…

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Illinois Appellate Court Permits Discovery Deposition of Deceased Defendant to be Admitted as Evidence at Trial

The Fifth District Appellate Court issued a recent decision in Eyster v. Conrad finding that a deceased defendant’s discovery deposition could be introduced as substantive evidence at trial in a personal injury suit.  At issue in Eyster was the lower court’s finding that the introduction of the discovery deposition would…

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Does COVID-19 Excuse Businesses from Performing Under Their Contracts?

The web of commercial contracts between businesses is essential to our community. Under ordinary circumstances, the courts provide the mechanism to enforce contracts and provide the commercial certainty that communities need for a thriving economy. These are not ordinary times. Few commercial contracts contemplated a “global pandemic” and you probably…

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