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From Immediate Help to Maximum: Why You Need a Dedicated Car Accident Lawyer

Tue, 07 Apr 2026 08:28:22 GMT

If you’ve recently been involved in a crash, knowing your next step can feel overwhelming. Here is where a car accident lawyer in Chicago, IL, steps in as your essential ally. At Shapiro, Cohen & Basinger, LTD, we understand the chaos and confusion that follow a collision on busy Chicago streets, which is why securing timely and expert legal help isn’t just important; it’s critical. This blog will guide you through the value of hiring a car accident lawyer in Chicago, from immediate assistance to maximizing your compensation, while addressing the unique challenges this city presents. Whether it’s navigating insurance claims or dealing with local courts, a seasoned attorney is your best chance for justice after a car accident.

Chicago’s High-Risk Driving Environment and What It Means for You

Chicago is a bustling urban hub with a complex traffic network that contributes to a higher frequency of car accidents. Busy streets, multi-vehicle pileups, and frequent rush-hour congestion create unique circumstances that increase the likelihood of serious collisions. Furthermore, Chicago’s local laws and court systems have distinct procedures that can be daunting without legal expertise. When you are injured on these roads, you face a difficult battle: managing recovery, handling vehicle repairs, and confronting insurers, all while trying to understand how the law applies to your case.

A car accident lawyer in Chicago, IL, has deep knowledge of these local factors. They anticipate common challenges in accident cases here, such as disputes over fault in multi-vehicle crashes or delays due to court backlog. This localized expertise significantly improves your chances of a favorable outcome.

What a Car Accident Lawyer Will Do for Your Case

From the moment you engage with a dedicated car accident lawyer, their role is to handle the complex legal and investigative tasks that you may not have the time or skills for.

The process they follow typically includes:

Investigating the Accident: Your lawyer will collect evidence such as police reports, witness statements, surveillance footage, and any available traffic camera recordings. This fact-finding is crucial for building a strong foundation for your claim.

Evaluating Liability: Determining who is at fault in Chicago’s often complicated crash scenarios requires skill and experience with local traffic and municipal codes.

Communicating With Insurance Companies: Insurance adjusters may try to minimize your settlement or deny claims altogether. Your attorney acts as your advocate, preventing any unfair tactics and ensuring your rights are protected.

Negotiating Settlements: A seasoned lawyer knows how to negotiate aggressively to get you maximum compensation for property damage, medical expenses, lost wages, and more.

Representing You in Court: If your case requires litigation, your lawyer will prepare and represent you before Chicago-area courts, alleviating the stress of legal procedures.

This full-service approach allows you to focus on recovery while your car accident injury lawyer manages your claim expertly.

The Added Value of an Experienced Car Accident Injury Lawyer

Not all car accident lawyers bring the same level of experience, especially when it comes to injury claims that require handling complex medical issues and subtle liability questions. An experienced car accident injury lawyer understands the nuances of personal injury law and the long-term consequences of accidents.

They provide:

Comprehensive Case Evaluation: You will receive a personalized assessment of how your injuries affect your life, including future medical needs and earning potential.

Access to Medical Experts: To prove your injury claims, attorneys often collaborate with independent doctors or specialists who can validate the nature and severity of your injuries.

Maximized Compensation: By understanding the realistic value of your claim, including pain and suffering damages, your lawyer aims to secure the highest possible settlement or award.

Why Choose Shapiro, Cohen & Basinger, LTD, for Your Car Accident Case

Shapiro, Cohen & Basinger, LTD combines local Chicago roots with decades of experience in car accident cases. Recognized for compassionate yet aggressive representation, the firm has built a reputation based on consistent results achieved for its clients. Their lawyers understand the nuances of Chicago’s legal landscape and are committed to keeping clients informed with clear communication throughout the process.

From your initial consultation to case resolution, you are treated with respect and guided step-by-step to ensure no aspect is overlooked, from evidence collection to settlement negotiations. Choosing a dedicated car accident lawyer like Shapiro, Cohen & Basinger, LTD means you are supported by legal professionals who have proven their ability to maximize client outcomes in a competitive environment.

Take Action Now for the Help You Deserve

If you or a loved one has been injured in a vehicle accident in Chicago, don’t delay in seeking the help of a qualified car accident lawyer. Early legal intervention can preserve critical evidence and improve your chances of a fair settlement. Contact Shapiro, Cohen & Basinger, LTD to schedule a consultation and learn how professional guidance can make all the difference, from immediate legal help to maximum compensation.

Car Injury Lawyer in Chicago, IL: Guiding Your Claim

Tue, 25 Nov 2025 15:29:14 GMT

If you have been hurt in a car accident, you may feel overwhelmed and unsure of what to do next. At Shapiro, Cohen & Basinger, Ltd., we understand how stressful this time can be. Our experienced car injury lawyer in Chicago, IL, is here to guide you through every step of your claim. Call us today at 312-263-3443 to get the help you need.

Why Immediate Action Matters After a Car Accident

The moments after a crash are critical. What you do right away can affect your health, your finances, and your legal rights.

Taking the right steps ensures that you:

Protect your health : Getting medical care right away documents your injuries.
Preserve evidence : Photos, witness statements, and reports are strongest when collected early.
Strengthen your claim : Insurance companies often look for gaps in treatment or missing details.

A skilled car injury lawyer in Chicago, IL, can help you avoid mistakes and protect your rights from the start.

Step-By-Step Guide After a Car Accident

Knowing what to do after a crash can make a big difference in your recovery and your claim. Consulting a car injury lawyer in Chicago, IL, early can help protect your health and your legal rights.

Follow these steps:

Step 1: Seek Medical Attention

Your health comes first. Even if you feel fine, some injuries appear hours or days later. A doctor’s report is also key evidence for your case.

Step 2: Call the Police

A police report provides an official record of the accident. This document is often required by insurance companies and courts.

Step 3: Document the Scene

If it is safe, take photos of the vehicles, road conditions, and any visible injuries. Collect names and contact details of witnesses.

Step 4: Notify Your Insurance Company

Report the accident to your insurer, but avoid giving recorded statements before speaking with a lawyer. Insurance adjusters may try to reduce your claim.

Step 5: Contact a Car Injury Lawyer in Chicago, IL

Legal guidance is essential. An attorney can explain your rights, handle communication with insurers, and build a strong case for compensation.

How a Lawyer Strengthens Your Claim

Hiring a car injury lawyer in Chicago, IL, provides more than just legal advice. It gives you an advocate who knows how to fight for your best outcome.

Key ways a lawyer helps include:

Evidence collection : Ensuring medical records, photos, and witness statements are preserved.
Claim filing : Meeting strict deadlines and filing the correct documents.
Negotiation : Dealing with insurance companies that often try to settle for less.
Court representation : Standing by your side if your case goes to trial.

If you want to understand how an attorney can guide you through the process, visit this page on car accident injury lawyer services in Chicago .

Shapiro, Cohen & Basinger, Ltd., has decades of experience handling complex car accident claims in Illinois.

Common Mistakes to Avoid After a Crash

Many people hurt their own claims without realizing it. A car injury lawyer in Chicago, IL, helps prevent these errors.

Mistakes to avoid include:

Delaying medical care : Waiting too long can weaken your case.
Admitting fault : Even casual comments at the scene can be used against you.
Accepting quick settlements : Early offers are often far below what you deserve.
Not contacting a lawyer : Without guidance, you may miss deadlines or key evidence

Why Choose Shapiro, Cohen & Basinger, Ltd.?

Our firm has built a reputation for protecting accident victims in Chicago. We know how to handle tough cases and fight for fair results.

What sets us apart:

Local knowledge : We understand Illinois traffic laws and court systems.
Proven results : Our attorneys have secured compensation for medical bills, lost wages, and pain and suffering.
Personal attention : Every client gets direct support from our legal team.

Whether you need a car injury lawyer in Chicago, IL, or a car accident lawyer in Chicago, IL, our firm is ready to help.

Protecting Your Rights With Legal Guidance

Accidents can leave you with medical bills, missed work, and long-term pain. You should not face these challenges alone.

A car injury lawyer in Chicago, IL, ensures that:

Your injuries are fully documented.
Your claim is filed on time.
Insurance companies treat you fairly.
You have a strong case for maximum compensation.

Frequently Asked Questions About Car Accident Claims

How Long Do I Have to File a Claim in Illinois?

In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. Acting quickly helps preserve evidence and strengthens your case.

What Damages Can I Recover After a Car Accident?

Compensation may include medical expenses, lost wages, property damage, and pain and suffering. A car injury lawyer in Chicago, IL, can evaluate your case and pursue the maximum recovery.

Do I Need a Lawyer if the Accident Was Minor?

Even minor accidents can lead to hidden injuries or disputes with insurance companies. Having legal guidance ensures your rights are protected and that you do not settle for less than you deserve.

Get the Help You Deserve Today

Do not wait to protect your rights after a car accident. The sooner you act, the stronger your case will be. Call Shapiro, Cohen & Basinger, Ltd., at 312-263-3443 , or visit our contact page to schedule your consultation today.

How to Choose the Right Car Accident Injury Lawyer

Tue, 16 Sep 2025 02:43:24 GMT

Being involved in a car accident can turn your life upside down in an instant. Physical injuries, emotional stress, financial burdens, and complex legal processes often follow such unfortunate events. If you have recently been in a car accident in Chicago, IL, securing the right legal help is crucial in protecting your rights and pursuing the compensation you deserve. This guide explains how to choose the right car accident injury lawyer in Chicago, IL, what to do immediately after a collision, and why hiring a knowledgeable local attorney matters.

Understanding the Importance of a Local Car Accident Injury Lawyer in Chicago, IL

When it comes to car accident injury claims in Chicago, Illinois, having a lawyer who is intimately familiar with the local laws and court systems is invaluable. Illinois car accident laws can be complex, involving strict time limits for filing claims, comparative fault rules, and specific insurance requirements. A local Chicago lawyer understands these nuances deeply, gives practical advice tailored to your situation, and ensures your case proceeds efficiently.

Moreover, local lawyers maintain relationships with area courts, insurance adjusters, and medical providers, which can expedite your claim. They can also help navigate the intricacies of Chicago traffic laws and municipal regulations that apply specifically to your accident.

Individual Lawyer vs. Law Firm: What to Consider for Your Car Accident Case

Choosing Between Solo Practitioners and a Car Accident Law Firm in Chicago, IL

Your choice between hiring an individual car accident injury lawyer or a full law firm can impact the level of service and resources available to you. Individual lawyers often provide a personalized experience with direct attention to your case. However, they may have limited resources or availability, especially for complex cases requiring extensive investigations or litigation.

On the other hand, a reputable car accident law firm in Chicago, IL, like Shapiro, Cohen & Basinger, Ltd., brings a team approach to your claim. Law firms typically have specialists in different areas—from medical experts to trial attorneys—increasing your chances of a successful outcome. They also often handle a higher volume of cases, which can translate to better negotiation leverage with insurance companies.

Both options have pros and cons, but for many accident victims, partnering with a dedicated law firm that understands Chicago’s legal landscape and has the resources to handle complicated injury claims is beneficial.

Choosing Between Solo Practitioners and a Car Accident Law Firm in Chicago, IL

Immediate Steps to Take After a Car Accident in Chicago

Before you even contact a lawyer, there are critical steps to take immediately following a collision:

Seek Medical Attention: Even if injuries seem minor, get evaluated. Some symptoms may appear days later.
Document Everything: Take photos of the scene, vehicle damage, and injuries. Collect witness statements and police reports.
Report the Accident: Illinois law requires you to report accidents involving injury, death, or property damage.

These actions not only protect your health but also strengthen your legal case. A car accident injury lawyer in Chicago, IL, will rely on this documentation to prove negligence and liability.

Expert Guidance Through Insurance Claims and Legal Proceedings

At Shapiro, Cohen & Basinger, Ltd., we understand how overwhelming the aftermath of a car accident can be. Our experienced attorneys specialize in car accident injury law in Chicago, guiding clients through every phase of the claims process. From gathering medical records and negotiating with insurance adjusters to representing you in court if necessary, we fight to maximize your compensation.

Our firm’s deep knowledge of Illinois laws and the Chicago court system enables us to anticipate challenges and build strong cases for our clients. We are committed to transparency and communication, ensuring you understand all your legal options.

Additionally, we handle the insurance companies’ tactics, so you don’t have to. Insurance providers often attempt to downplay injury severity or delay payments. Our legal team aggressively combats these obstacles to secure fair settlements. Whether your injury is whiplash, broken bones, or more severe trauma, we tailor our approach to your unique needs.

Your Partner in Recovery and Justice

Choosing the right car accident injury lawyer in Chicago, IL, is more than hiring legal expertise; it’s about finding an advocate who cares about your well-being. Accidents disrupt lives physically, emotionally, and financially. The right lawyer offers support beyond the courtroom, helping you focus on healing while they handle the tough legal battles.

At Shapiro, Cohen & Basinger, Ltd., we pride ourselves on compassion, attention to detail, and proven results. We fight not just for compensation but for your peace of mind and future security.

If you or a loved one has been injured in a car accident in Chicago, don’t delay in seeking professional legal assistance. The sooner you connect with a trusted car accident injury lawyer in Chicago, IL, the stronger your chances of a favorable outcome. Contact Shapiro, Cohen & Basinger, Ltd. today or call us at 312-263-3443 to schedule a free consultation. Our experienced team is ready to help you understand your rights, navigate the complexities of your injury claim, and obtain the compensation you rightfully deserve.

New Bicycling Law Treats Bikes the Same as Cars

websitebuilder@thryv.com — Wed, 17 Aug 2016 00:00:00 GMT

For years, Illinois state law has said that bicyclists have the same rights and duties as people in automobiles. But a new law recently signed by Gov. Bruce Rauner (House Bill 5912) amends the Illinois Vehicle Code to state that every bicyclist on the road is enititled to all of the rights “including but not limited to” the ones dealing with right of way. The effect of this new law is to clarify that bicyclysts have the same right of way as a car or truck would have.

While bicyclists do their best to be safe on the road, accidents still happen. The sad reality is that most bicycle accidents are not the fault of bicyclists, but are the result of other drivers who do not see or fail to yield to bicyclists.

We’ve obtained record breaking verdicts that have gained us the reputation as one of the best accident law firms in Chicago. At Shapiro, Cohen and Basinger, Ltd., we are serious bicycle accident attorneys, not afraid to take on large corporations and insurance companies.

Motorcycle Accidents

websitebuilder@thryv.com — Fri, 12 Jun 2015 00:00:00 GMT

Call 888-660-3548 to reach one of the best motorcycle accident law firms in Chicago, IL.

Lawmakers Approve Police Body Cameras

websitebuilder@thryv.com — Tue, 02 Jun 2015 00:00:00 GMT

Illinois Lawmakers overwhelmingly approved a set of rules last week for police body cameras. The legislation was passed in response to national controversies over use of force after the deaths of unarmed black citizens in New York, Ferguson, Missouri and elsewhere.

Under the law, police in participating departments would have to keep body cameras on at all times while on a call and the recordings would be maintained for 90 days. The law would also require independent investigations of officer-involved deaths. Proponents of the law hope it will serve to reduce police misconduct and unlawful use of force. The bill now goes to Governor Rauner for consideration.

If you or someone you know has been the victim of police misconduct, contact the experienced police misconduct attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Illinois Ranks Second in Dog Bite Claims

websitebuilder@thryv.com — Mon, 01 Jun 2015 00:00:00 GMT

A recent study conducted by State Farm and the Insurance Information Institute found Illinois to be second among all states in the frequency of dog bite claims. In 2014 there were 309 such claims in Illinois with $8.9 million in claims paid. Children are most likely to be the victims of dog bites. If you or someone you know is the victim of a dog bite, contact one of the attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Governor Quinn Signs 6-Person Juries Into Law

websitebuilder@thryv.com — Tue, 23 Dec 2014 00:00:00 GMT

On Friday, December 19, Governor Pat Quinn signed SB 3075 into law. The law amends the Code and the Code of Civil Procedure regarding jury service in Illinois. Specifically, the bill does the following:

Cuts the number of jurors in civil cases from 12 to 6. The amendment also requires the parties to pay for alternate jurors.
Increases the minimum payment for jury service to $25 for the first day and $50 for subsequent days.
Mirrors federal law and that of many states by reducing the size of civil juries from 12 to 6 in Illinois. The requirement of unanimous decision is unchanged.

SB 3075 was sponsored in the Senate by Senator John Mulroe. Representative Kelly Burke sponsored the bill in the House. The effective date for both bills is June 1, 2015.

If you or a loved one have been injured, call Shapiro, Cohen and Basinger, Ltd. to discuss your right to a civil jury trial.

Cook County Courts to Allow Video Cameras

websitebuilder@thryv.com — Wed, 17 Dec 2014 00:00:00 GMT

Video cameras and audio recording devices will be allowed in some Cook County courtrooms beginning January, 2015 month, Cook County Circuit Court Chief Judge Timothy C. Evans announced this week. Cook County joins about 40 other Illinois Counties which allow video of court proceedings.

The pilot program will apply to some felony courtrooms at the Leighton Criminal Court Building, at 26th St. and California St. in Chicago. The Illinois Supreme Court previously approved the use of cameras in trial courtrooms as a way of making legal proceedings more transparent.

Under the program, video coverage will be prohibited in juvenile, divorce, adoption, child custody, evidence suppression and trade secret cases. Additionally, in the case of a sexual abuse prosecution, coverage of the accuser’s testimony is prohibited without his or her consent.

Judge Evans welcomed the pilot program, saying in a prepared statement “I am extremely pleased that the public will now hear and see through extended media coverage, exactly what is taking place in Cook County courtrooms.”

Proposal to Cut Illinois Civil Juries from 12 to 6 Passes Illinois House

websitebuilder@thryv.com — Mon, 08 Dec 2014 00:00:00 GMT

A proposal to trim the number of jurors from twelve to six in civil trials in Illinois circuit courts passed the Illinois House of Representatives on December 2, 2014. Senate Bill 3075 would cut by half the size of civil juries while boosting juror pay to $25 for the first day of service and $50 per day thereafter. The measure now moves to the Illinois Senate for debate. If the bill passes the Senate, it would move on to Governor Quinn for consideration.

Supporters of the bill point out that the federal courts and a majority of state courts already use civil juries of this size. Additionally, advocates of the measure state that reducing the number of jurors in civil cases would mean less citizens being called for jury duty, thereby disrupting fewer families and businesses. The change would also shorten the voir dire process in trials, during which attorneys and the court question jurors to ensure those selected for jury service can be fair and impartial.

Should you have questions about your right to a civil jury trial, call one of the injury lawyers at Shapiro, Cohen and Basinger, Ltd. today for a free consultation.

Prosecuting or Defending a Civil Lawsuit Under a Fictitious Name

websitebuilder@thryv.com — Thu, 16 Oct 2014 00:00:00 GMT

Last month, the Illinois Appellate Court issued a rare opinion interpreting section 2-401(e) of the Code of Civil Procedure, which allows a litigant to appear under a fictitious name upon a showing of “good cause.” In Doe v Northwestern Memorial Hospital , 2014 IL App (1st) 140212, a group of plaintiffs filed complaints against Northwestern Memorial Hospital and Northwestern Medical Faculty Foundation alleging that the defendants negligently allowed a cryogenic tank to fail causing damage to semen and testicular tissue stored in the tank. Most plaintiffs suffered from cancers which were likely to significantly interfere with their ability to engage in ordinary reproductive activities.

In affirming the trial court’s order allowing the use of pseudonyms, the court recognized that the use of pseudonyms is disfavored and reserved for “exceptional circumstances” involving “highly personal” matters such as abortion, adoption, sexual orientation, and religion. Applying a balancing test, the court found that plaintiffs’ reproductive health and medical treatments were “extremely private and sensitive topics” and that individual privacy concerns outweighed the public’s interest in open court proceedings.

Steering Defect Leads to New Ford Recall

websitebuilder@thryv.com — Thu, 16 Oct 2014 00:00:00 GMT

The New York Times reports that the National Highway Transportation Administration is investigating a power steering issue that could affect 938,000 2010-2012 Ford Fusion and Lincoln MKZ sedans, noting the company has already recalled 1.1 million other vehicles due to the defect. The Times reports that NHTSA “has received 508 complaints from owners, including four reports of accidents that occurred when the power steering assist suddenly failed, requiring ‘increased steering efforts that contributed to a loss of control and crash.’” If you or a loved one has been injured due to mechanical problem with a vehicle, contact Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.

Joscelyn Johnson Verdict

websitebuilder@thryv.com — Thu, 02 Oct 2014 00:00:00 GMT

Joscelyn Johnson was 38 weeks pregnant when her doctor, Dr. Emanuel Javate scheduled her to be admitted to St. James Hospital in Chicago Heights early to induce her due to pregnancy induced hypertension and an expected large for gestational age baby. Joscelyn and her significant other, Christopher Burress, were thrilled about the imminent delivery but never could have imagined the tragedy that was about to unfold.

Joscelyn suffered a rare complication known as a uterine rupture, a condition where the uterus tears causing a disruption of the blood flow and thus the oxygen flow to the fetus. Although the nurses and the doctor were supposed to be monitoring her they shrugged off the warning signs and tragically assumed that all was well when it wasn’t. Dr. Javate didn’t even come to the patient’s room to see her until the baby had receded up the birth canal–a highly unusual event that invariably means a rupture is occurring. When he did finally come in, instead of ordering an immediate C-section, he told the nurse to give her

Pitocin–a drug used to stimulate contractions–the opposite of what should be done when the uterus is in the process of rupturing. Eleven minutes later he realized his mistake and ordered the C- section but by then it was too late and baby Nakia had passed away.

Because Dr. Javate was employed by a federally qualified clinic, the case had to be filed in federal court and there was no right to a jury. The hospital settled for $650,000 shortly before trial but the US government (which represented Dr. Javate), refused to even discuss settlement so the case proceeded to trial against the US and was tried by Don and Matt in January.

The Honorable Thomas Durkin issued his decision on September 5, 2014 ruling in favor of the plaintiff and assessed the damages at $1,500,000. In his 58 page written decision he found for the plaintiff on virtually every aspect of the case. While nothing can replace the child they lost, Joscelyn and Christopher are extremely gratified that the responsible parties have been held accountable for their neglect that caused Nakia’s death.

General Motors’ Ignition Switch Defect

websitebuilder@thryv.com — Wed, 11 Jun 2014 00:00:00 GMT

GM released last week a 325-page investigative report conducted by Chicago attorney Anton Valukas exposing the automaker’s failure to fix a deadly defect that lingered for more than a decade and is now blamed for at least 13 deaths. GM has recalled 2.6 million vehicles due to a defective ignition switch, which could be turned off inadvertently by a light tap, or the weight of a heavy keychain.

Last month the National Highway Traffic Safety Administration (NHTSA) fined GM the maximum amount allowed under the law, $35 million, for the automaker’s not disclosing the defect in a timely manner. Mary Berra, GM’s chief executive has called the Valukas report “deeply troubling .”

Please call our firm if you need any additional information regarding how to pursue a claim for damages arising from ignition switch defects or other defective product claims that result in serious injury or death.

New Rideshare Ordinance in Chicago

websitebuilder@thryv.com — Wed, 11 Jun 2014 00:00:00 GMT

The Chicago City Council has approved a measure to regulate rideshare companies such as Uber X, Lyft and SideCar. Unlike taxi drivers, people offering rides with these services use their personal cars, which do not have to be registered with or inspected by the city. The drivers also do not have to undergo training or licensing as public chauffeurs and there are no additional insurance requirements. Aldermen voted 34-10 in favor of the new regulations.

Once the ordinance goes into effect in 90 days, companies whose driver workforce averages more than 20 hours per person each week will face stronger oversight, including a requirement that all drivers obtain chauffeur’s licenses. Rideshare companies will also have to obtain $1 million in commercial auto liability coverage.

Call our law firm today if you or a loved one has been injured in an accident involving a rideshare vehicle.

CTA Blue Line Train Crash at O’Hare: Know Your Legal Rights

websitebuilder@thryv.com — Mon, 24 Mar 2014 00:00:00 GMT

More than 30 people were injured on March 24, 2014 when a CTA Blue Line train ran into a platform at O’Hare and came to rest on an escalator. All of the injured were aboard the train and were taken in fair or good condition to four area hospitals.

The eight-car train was wedged near the top of an escalator used by commuters at the Blue Line terminal. The CTA said that the cause of the accident remained under investigation, although speed may be a factor. The operator will also undergo drug and alcohol tests as part of standard procedure.

As the investigation continues, victims will have many questions about their legal rights. If you or a loved one was injured, call the accident lawyers at Shapiro, Cohen and Basinger, Ltd. today for a free legal consultation.

USE DISCRETION ON SOCIAL MEDIA SITES

websitebuilder@thryv.com — Tue, 18 Mar 2014 00:00:00 GMT

In Miami, a teenage girl shared confidential information about her father’s settlement in an age discrimination lawsuit and cost her father $80,000. Her father’s $80,000 settlement was subject to a confidentiality clause. His daughter boasted about it on Facebook and the 3rd District Florida Court of Appeals judge held that this violated the settlement agreement and therefore, would not be entitled to his settlement. Confidentiality agreements are important and must be taken seriously. Here at Shapiro, Cohen and Basinger, Ltd., we advise our clients on what is and what is not appropriate to publicize on social media sites, especially during pending litigation.

EXPEDITED SOCIAL SECURITY DISABILITY PROCESS FOR VETERANS TO LAUNCH MID-MARCH

websitebuilder@thryv.com — Tue, 25 Feb 2014 00:00:00 GMT

DESPITE RECENT REPORTS IN THE NEWS, THE SOCIAL SECURITY DISABILITY STANDARD IS STRICT

websitebuilder@thryv.com — Thu, 12 Dec 2013 00:00:00 GMT

Despite recent reports in the news, it is not easy to get on Social Security Disability. The Social Security disability standard is very strict and close to 75% of applicants are turned down initially and even after appeal, 60% of applicants are denied disability. The downturn in the economy has caused Social Security judges to become even stricter and award rates have declined.

Here at Shapiro, Cohen and Basinger, Ltd., we will aggressively appeal the rights of disabled people. We represent claimants who truly deserve the benefits and suffer with significant disabilities and chronic illnesses. To win appeals, it takes extensive medical evidence and an experienced attorney to guide you through the process and judiciously represent throughout your appeal and your hearing before an Administrative Law Judge. If you are disabled and unable to work, please contact Lauren D. Cohen.

Dog Bite Prevention

websitebuilder@thryv.com — Tue, 05 Nov 2013 00:00:00 GMT

More than 4.5 million people are bitten by dogs in the United States every year, according to the American Veterinary Medical Foundation. Most of these victims are children and one in five will require medical care. However through proper education and training and responsible dog ownership practices, most of these bites can be prevented.

It is important to understand that any dog is capable of biting, regardless of breed or size. Even the nicest dog can snap or bite when injured or afraid. All children and adults should learn how to keep themselves safe around dogs, including these tips:

Never approach or touch an unfamiliar dog without first asking to owner’s permission. If an owner is not present, do not go near the dog.
Do not put your face close to an unknown dog – this includes “hugs and kisses.”
If you are cornered by a dog, remain still and avoid eye contact. Never run and/or scream. When the dog stops paying attention to you, slowly back away.

If you or a loved one has been bitten by a dog, you may be entitled to financial compensation. Call one of the injury lawyers at Shapiro, Cohen and Basinger, Ltd. to discuss your rights.

CTA Train Crash: Know Your Legal Rights

websitebuilder@thryv.com — Tue, 01 Oct 2013 00:00:00 GMT

Surgeon Forgot Where Pacing Wires Were Placed: $5.5 Million Award To Maryland Family

websitebuilder@thryv.com — Tue, 24 Sep 2013 00:00:00 GMT

Big Increase in Medical Malpractice Judgments Against the Veterans Administration

websitebuilder@thryv.com — Fri, 13 Sep 2013 00:00:00 GMT

Fatal Construction Accidents on the Rise

websitebuilder@thryv.com — Wed, 11 Sep 2013 00:00:00 GMT

The number of U.S. construction workers killed on the job rose 5% in 2012, according to data released by the Department of Labor.

The report by the Labor Department’s Bureau of Labor Statistics found construction to be the deadliest industry in the U.S., with 775 construction workers fatally injured in 2012, compared with 738 in 2011.

The most frequent cause of construction-related fatalities were worksite falls, slips and trips (280), followed by transportation incidents (216), traumatic contact with on-site objects or equipment (135), and exposure to harmful substances or environments (102).

Nearly 59% of construction workers killed in 2012 were employed by specialty trade contractors.

Across all industries, the number of work-related fatalities decreased 6.6% to 4,383 in 2012, according to the BLS report. (Business Insurance – August 22, 2013).

The attorneys at Shapiro, Cohen and Basinger, Ltd. know the dangers faced by construction workers and are committed to obtaining full and fair compensation for those injured or killed on the job site.

The Dangers of Texting While Driving

websitebuilder@thryv.com — Tue, 10 Sep 2013 00:00:00 GMT

Shapiro, Cohen and Basinger, Ltd. Wins Record Dental Malpractice Verdict

websitebuilder@thryv.com — Wed, 21 Aug 2013 00:00:00 GMT

Donald Shapiro and Matt Basinger successfully represented Mary Jarzebkowski in a dental malpractice claim against Dr. Christian Kubilius, D.D.S., a dentist who practices in Palos Heights, Illinois.

Although a patient of the dentist for over 12 years, Dr. Kubilius never took probe readings , failed to take periodic full mouth x-rays and therefore failed to diagnose and treat periodontal gum disease. By the time Mary transferred her care to another dentist, the condition had become so severe that Mary lost all of her upper teeth plus she suffered substantial bone loss on the bottom teeth. The jury awarded $420,000.00 in damages but assessed Mary with 18% comparative fault due to the fact that Mary ignored the dentist’s advice to stop smoking and did not return for cleanings as often as recommended. Thus, the final verdict was $344,400.00. The case was tried the week of July 8th in the Circuit Court of Cook County, Illinois, the Honorable Michael Panter presiding.

ISMIE Record Profits

websitebuilder@thryv.com — Wed, 21 Aug 2013 00:00:00 GMT

Malpractice insurance company in Illinois reached record levels in 2012, two years after the Illinois Supreme Court struck down laws capping damages in jury verdicts, according to an article in Crain’s Chicago Business.

After predicting the opposite when the court struck down the caps on non-economic damages, ISMIE Mutual Insurance Company posted $57 million in profits last year. The net profit came after distributing $17 million in dividends to its 12,000 members.

Advocates of “tort reform” would cap damages for pain and suffering, disability and loss of society in wrongful death cases. Yet these damages are what truly balance the scales of justice for a personal injury victim. The attorneys at Shapiro, Cohen and Basinger, Ltd. are committed to fighting for their clients and against the big insurance companies.

Swimming Pool Liability

websitebuilder@thryv.com — Thu, 15 Aug 2013 00:00:00 GMT

Traveler’s Suit

websitebuilder@thryv.com — Fri, 02 Aug 2013 00:00:00 GMT

Lauren Cohen Wins Unusual Trial

websitebuilder@thryv.com — Fri, 26 Jul 2013 00:00:00 GMT

Lauren Cohen just won a most unusual trial. Lauren represented Alicia, who was injured when the defendant, Lora, made a left hand turn in front of the car that Alicia was a passenger in. Alicia’s injuries were soft tissue cervical and lumbar strains and the total medical bills were approximately $6,270.00. On June 28, 2011, the matter went to mandatory arbitration in the Court’s Municipal Department. Lauren presented the evidence, the arbitrator ruled in plaintiff’s favor and awarded $14,252.00.

Under mandatory arbitration procedures, the defendant can reject an arbitration award by paying a small fee and the case then proceeds to a regular jury trial. But due to the fact that the defendant, Lora, failed to personally appear at the arbitration, Lauren filed a motion to prevent the rejection which was granted. We expected the award to then be paid by the insurer, American Service Insurance Company, but instead they filed a declaratory judgment action seeking to disclaim the coverage on the basis that their insured, Lora, had “failed to cooperate” with her defense by failing to appear at the mandatory arbitration.

Lauren, however, first defeated American Service Insurance’s motion to dismiss and then defeated American Service Insurance at trial by showing that Lora had cooperated with American Service Insurance at every stage of the case – answering interrogatories, appearing at the deposition, and even arriving early to her deposition so that the attorney could prepare her. Lauren also established that American Service Insurance’s lawyers had sent a letter advising Lora of the arbitration more than two months in advance of the arbitration to an address that Lora no longer lived at, so there was a question of improper notice.

Thus, American Service Insurance was not able to prove that Lora willfully refused to cooperate in the defense of this case and Alicia prevailed.

Chicago Truck Accident Lawyers

websitebuilder@thryv.com — Fri, 26 Apr 2013 00:00:00 GMT

Policeman James Sauter was struck last Thursday in an explosive crash when a semitrailer truck struck his police cruiser on I-294 near Willow Road. Sauter, age 28, had stopped his car to assist a motorist and has just climbed back into his car when a tractor-trailer struck him from behind. Both vehicles instantly burst into flames and Sauter was pronounced dead at the scene.

Sauter had been a member of the police since 2008 and won the State Police’s Lifesaving Medal in his first year of service for helping save a female motorcycle crash victim who he saw on his way to the police training academy. Sauter is survived by his wife, Elizabeth and family.

“Trooper Sauter left a legacy of courage, honor and duty”, said ISP Director Hiram Grau. “Our hearts are heavy with grief, but they are also strengthened by Trooper Sauter’s brave calling and dedicated service.”

A Fox Chicago news correspondent reported that the driver of the tractor trailer sustained only minor injuries and is currently being investigated. Police believe that Sauter was parked on the left shoulder in the southbound lanes of I-294 near Willow Road when the vehicle burst into flames. Police confirm that Illinois law requires semi trucks to be in the two right lanes. Investigators are currently talking to witnesses and reviewing wreckage to recreate the accident and put together evidence.

The truck collision lawyers at Shapiro, Cohen and Basinger, Ltd. have represented victims in numerous truck accident cases and are skilled at handling all the intricacies of truck collision cases. Semi-trailer trucks are unique motor vehicles and drivers are regulated by numerous federal and state statutes. Lawyers need to be conversant with all of the special considerations involved in truck accidents.

Our firm recently obtained a multi-million dollar settlement for a young woman who was struck and killed by a semi-tractor trailer that was driving on a restricted roadway on a dark, rainy night. Because of the height of the cab and the restricted vision around the cab, we had to prove that the driver was negligent despite his claim that he never saw the pedestrian.

If you or a loved one have been involved in an accident with a semi or any kind of truck, call the truck collision lawyers at Shapiro, Cohen and Basinger, Ltd. for a free consultation.

Increase Your Uninsured/Underinsured Coverage

websitebuilder@thryv.com — Tue, 02 Apr 2013 00:00:00 GMT

A common problem the auto accident lawyers at Shapiro, Cohen and Basinger, Ltd. encounter in auto accident cases is when our clients get hit by drivers with no insurance or low insurance limits. You may be seriously injured and have the right to recover substantial damages but if the defendant can’t pay you face the prospect of receiving no compensation.

You can protect yourself to some degree by purchasing uninsured/underinsured motorist coverage which should be part of your regular insurance. Uninsured protects you if hit by a totally uninsured driver and underinsured protects you versus low limits drivers. But you need to have high limits for these coverages.

Let’s say you have $50,000 in UM/UIM protection. If you are hit by a negligent driver that has a $20,000 minimum policy your UIM coverage only provides an additional $30,000 in coverage as the driver’s limits are deducted from your limits. What if you suffer a broken leg in the accident, incur $75,000 in medical expenses and are off work for 2 months? A potential $50,000 recovery is not going to cover your out of pocket expenses let alone provide compensation for your pain and suffering.

We suggest that you talk to your insurance agent about raising your UM/UIM limits now. You need to protect yourself and your family. If you need a referral for auto insurance, let us know and we will hook you up.

New Video Technology Paving The Way For Courtroom Testimony Via Skype

websitebuilder@thryv.com — Mon, 25 Feb 2013 00:00:00 GMT

As reported in the ABA Journal on February 21, 2013, an elderly, bedridden man used video chat technology Skype to testify against his estranged wife in court. His goal in testifying was to extend a protection order against her.

After a stroke left Emil Kogan too weak to stand, he was able to actively participate in this trial by using a lawyer provided Ipad in which the judge and other lawyers could both watch and listen to Kogan’s testimony.

Illinois’ state system has allowed judges “in compelling circumstances” to allow for “testimony in open court by contemporaneous transmission from a different location” since October, 2011. This is still an unusual and rare occurrence, however, similar examples of Skype testimonies have appeared in a few other states and Skype’s use is allowed in federal civil trials. With new Facetime technology becoming prevalent, it is only a matter of time before video chat testimonies become an even smoother process and more prevalent in the legal field.

Despite a few technical glitches in Emil Kogan’s Skype testimony, Kogan’s lawyer expressed that the use of live video technology was easier for everyone compared to the special arrangements needed to bring this bedridden man to the courtroom at an earlier proceeding.

Shapiro, Cohen and Basinger, Ltd. is committed to exploring, utilizing and mastering new forms of technology to provide our clients the greatest opportunities for ease and legal success. We have used video evidence depositions in previous trials with great outcomes. Moreover, we were one of the first firms to use the Elmo visual presenter. This device allows us to project documents and x-rays on a giant screen in the courtroom. We firmly believe that a picture is worth a thousand words and that the jury seeing it as well as hearing it bolsters their understanding.

Chicago Medical Malpractice Firm, Shapiro, Cohen and Basinger, Ltd. expands to new office and enhances website

websitebuilder@thryv.com — Thu, 21 Feb 2013 00:00:00 GMT

County Could Pay $20 Million to Settle a Medical Malpractice Case

websitebuilder@thryv.com — Mon, 18 Feb 2013 00:00:00 GMT

Study – Immigration Status in Work Related Lawsuits

websitebuilder@thryv.com — Wed, 13 Feb 2013 00:00:00 GMT

A new study from a University of Illinois expert in labor relations has concluded that most courts in the United States disregard a person’s immigration status in work related lawsuits. Michael LeRoy, professor of law and labor relations at Illinois, says that lower courts are essentially refusing to view lawsuits as an “occasion to enforce immigration laws.”

The study covered a 10-year period from 2002 to 2012 and analyzed federal and state work-related cases that cited the Supreme Court’s decision in Hoffman Plastic Compounds v. National Labor Relations Board. The research found that depending on the type of litigation, plaintiffs won between 60 and 77.5 percent of the time. Only 5 percent of the cases involved the outcome in the Hoffman Plastic case, where the court found a violation of an employment law but denied a monetary award because of the unlawful status of the plaintiff.

“Knowingly employing illegal aliens creates a cost-free way for employers to create a hazardous workplace where people get injured and the insurance rates don’t go up,” LeRoy said. “Someone gets injured—you cart them off, turn them over to immigration and report them as deportable aliens, then hire the next batch of illegal aliens and go on from there. This is exactly what a lot of lower courts were worried about—that it enables employers to violate the law without consequences, and thus encouraging more hiring of unlawful aliens. It’s also what the four dissenting Supreme Court justices in the Hoffman case were worried about.”

Shapiro, Cohen and Basinger, Ltd. is proud to have successfully litigated one of the first Illinois cases addressing the issue of whether an injured worker’s immigration status is admissible at trial. In 2007, Francisco Garcia was killed on the job at an Archer Daniels Midland plant in Decatur, Illinois when he was scalded with boiling liquid. At trial ADM tried to offer evidence that raised questions about Francisco Garcia’s immigration status. ADM’s lawyers even cited the Hoffman Plastic Supreme Court case to justify the use of such evidence. But the trial court agreed with our legal arguments and barred any such evidence. The Court of Appeals—firmly in line with the national trend uncovered by Professor LeRoy— also agreed with us that any reference to the alleged illegal immigration status of Mr. Garcia was unfairly prejudicial and irrelevant. Francisco Garcia’s case was a victory for the safety of workers everywhere.

Lawyers for Catholic Church Argue That a Fetus is not a Person

websitebuilder@thryv.com — Wed, 30 Jan 2013 00:00:00 GMT

As reported from CNN.com, a hospital in Canon City, Colorado, argues that a fetus is not legally a person until it is born. This hospital is being sued in a wrongful death case. Lori Stodghill was 28 weeks pregnant and arrived at the emergency room of St. Thomas More Hospital in Canon City, short of breath, vomiting, and went into cardiac arrest right there in the hospital’s lobby. Lori Stodghill tragically died at age 31, with her unborn twins perishing with her. That was on New Year’s Day in 2006. To make things even sadder, Stodghill left behind her two year old daughter, motherless. Husband Jeremy Stodghill sued the hospital and it’s owner, Catholic Health Initiatives for the wrongful deaths of his wife and unborn twins.

Defense attorneys have given a shocking statement saying that under state law an embryo is not a person until it is born alive. Stodghill lost his initial case. The hospital and doctors have counter sued him for legal fees and have attempted to garnish his wages. Stodghill is appealing his case with the Colorado Supreme Court. We find it hypercritical that a Catholic hospital would completely reverse the Catholic Church’s position on abortion and when life begins just to try and defeat a legitimate medical malpractice claim.

Illinois law already provided that physicians must protect the life of a fetus when there is “a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.” Thus, in Illinois, a hospital would not be able to defend on this basis.

DRIVER’S LICENSES FOR UNDOCUMENTED IMMIGRANTS

websitebuilder@thryv.com — Thu, 17 Jan 2013 00:00:00 GMT

Legislation to provide driver’s licenses for undocumented immigrants recently passed the Illinois House and will be sent to Governor Quinn’s office for signature. He has indicated that he will sign the bill. Although some people object to providing any privileges for immigrants who may be illegal, we think it benefits the public and our clients to have this legislation. Whether or not they obtain licenses, many undocumented aliens are going to drive anyway. We think it is better to provide them with training regarding our rules of the road (necessary to obtain the license) and provide a means for them to obtain insurance. We have experienced cases where our clients were hit by illegals who had no insurance. While one can protect themselves against uninsured drivers by purchasing uninsured motorist insurance coverage, it is often better to have an insured defendant.

Illegal Immigrants

websitebuilder@thryv.com — Wed, 28 Nov 2012 00:00:00 GMT

Shapiro, Cohen and Basinger, Ltd. Backs a Bill to Allow Illegal Immigrants to Drive Legally

Politicians in Springfield are getting together to pass a bill that would allow illegal immigrants to obtain driver’s licenses, undergo driver training and to obtain insurance. Opponents claim that giving immigrants these privileges will only encourage illegal immigration to Illinois but Shapiro, Cohen and Basinger, Ltd. backs the legislation for the following reasons. First, no one is going to move to Illinois just because they can get a driver’s license here. There are far more complicated reasons why people want to immigrate to the United States and they locate within the U.S. where they have relatives and where there are jobs – not where they can get driver’s licenses. Second, whether they are given driver’s licenses or not, immigrants need to get places and they are going to drive whether or not they are licensed. Would it not be better to have them properly trained in the rules of the road and properly licensed? Third, from the perspective of our firm, if one of our clients is hit by an illegal immigrant, they often have no insurance which presents a significant problem for the injury victim. Allowing illegal immigrants to purchase insurance will help them and will help any potential victims of an accident. So let’s be realistic and practical and pass this legislation.

TV Cameras in the Courtroom

websitebuilder@thryv.com — Mon, 12 Nov 2012 00:00:00 GMT

In January, 2012, the Illinois Supreme Court announced a pilot program to allow TV cameras and photographers in Illinois courtrooms. The experiment is proceeding on a county by county basis and has not yet been implemented in Cook County. However, several trials have already been televised downstate and this week, arraignment of Elzbieta Plackowska, the Naperville resident accused of killing her son and a girl she was babysitting, is expected to televised. The presiding judge of Cook County has indicated that he approves of the concept and we expect to see televised proceedings here in Cook County in the near future.

Advocates of televising judicial proceedings argue that doing so promotes the public’s right to know and that it will help keep the judicial system above board and honest. Detractors are concerned that televising preliminary proceedings may prejudice potential jurors and that attorneys, judges and even witnesses may play to the cameras instead of focusing on the task at hand. But there is no question that the televising of judicial proceedings is a trend that is gaining momentum. Thirty states now allow cameras in the courtrooms. So in the future we may not be able to tell jurors that real life trials are different from what they see on TV – they may already be seeing real life trials on TV.

Shapiro, Cohen and Basinger, Ltd. Settles Case for Policy Limits

websitebuilder@thryv.com — Thu, 08 Nov 2012 00:00:00 GMT

In February, 2009 Laverne Jones was painfully injured when a car crashed into her car in a parking lot. She sustained multiple herniated discs in her spine, and she had to have surgery. Although the cost of the medical bills alone exceeded $50,000, the insurance company offered her only $2,500.

Shapiro, Cohen and Basinger, Ltd. filed a lawsuit on Laverne’s behalf and developed favorable medical evidence and testimony from Laverne’s doctors. Finally, and with a trial date only weeks away, the insurance company agreed to pay Laverne $100,000–the maximum policy limits.

Insurance companies and big corporations love to talk about “frivolous lawsuits.” But too often, these companies refuse to treat injury victims like Laverne Jones fairly without a lawsuit. If you’ve been injured, don’t rely on an insurance company to treat you fairly.

Donald A. Shapiro receives a 2012 Trial Excellence Award.

websitebuilder@thryv.com — Thu, 25 Oct 2012 00:00:00 GMT

The 2012 Jury Verdict Reporter Trial Excellence Awards took place on October 17th at the Intercontinental Chicago Hotel. This annual ceremony and reception hosted by the Jury Verdict Reporter recognizes Illinois lawyers from both sides of the bar for their outstanding trial work. Donald Shapiro was honored to receive an award for the “Highest Reported Kane County Verdict” for the case of Bun v. Provena St. Joseph Hospital. Our verdict for $24,775,000.00 was over 4 times the previous high verdict in Kane County. A full page announcement listing the winners appeared in the October 23, 2012 edition of the Law Bulletin.

HBO award-winning documentary “Hot Coffee”

websitebuilder@thryv.com — Wed, 17 Oct 2012 00:00:00 GMT

Chicago Tribune reports Cook County judges have sealed hundreds of cases

websitebuilder@thryv.com — Wed, 03 Oct 2012 00:00:00 GMT

The Chicago Tribune reported today (October 1, 2012) that, since 2000, Cook County judges have sealed (made secret) hundreds of court files, some without reason or proper justification.

Illinois Appellate case law highly discourages the practice of sealing files. Where done, the rationale should be given and only those portions of the record with sensitive information should be sealed- not the entire file as many of the judges have ordered. Sealing court files is often without justification and done to protect the interests of some of the most powerful persons or institutions in the City.

Hopefully, this expose will make judges think twice before sealing records.

Keeping settlements secret is also a trend amongst defense attorneys who ask that all details of a settlement be kept confidential. Our firm is opposed to such practices as the public has a right to know what is going on in the judicial system. For example, if a doctor has committed medical malpractice, the public has a right to know that fact which may be of importance to patients deciding whether or not to seek care from that doctor.

Pharmaceutical Errors Can be Lethal

websitebuilder@thryv.com — Thu, 27 Sep 2012 00:00:00 GMT

Megabus

websitebuilder@thryv.com — Tue, 21 Aug 2012 00:00:00 GMT

Bus accidents have always been prevalent, but lately it seems that every time you turn on the news there is an emerging story about yet another horrific bus crash. The Chicago Sun Times reports that recently, there have been three lawsuits filed against Megabus over a downstate Illinois crash that occurred just several weeks ago. Two college students and a Chicago family have filed suit against Megabus over this fatal crash, when a double-decker bus blew out a tire and crashed into a pillar on Interstate 55. The lawyers at Donald A. Shapiro Law Offices have handled a number of lawsuits filed against large motor vehicles such as Megabus and are well versed in dealing with the minutia of such complex cases.

Victory For Patients In Missouri

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

The Missouri Supreme Court struck down a $350,000 cap on jury awards for pain and suffering in medical malpractice cases. The Missouri Supreme Court determined that the cap violated a patient’s right to a jury trial. The Court held that the cap “infringes on the jury’s constitutionally protected purpose of determining the amount of damages sustained by an injured party.” It is incredibly important to protect the rights of the victims of malpractice throughout the country. Here, at Donald A. Shapiro, Ltd., we fight aggressively to protect the rights of victims of medical malpractice.

Catholic Church Child Sex Abuse Victim Awarded $8 Million Dollars:

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

A Seattle jury recently found the Catholic Church at fault for allowing a young child to be repeatedly sexually abused by a priest during the 1960’s. Proving events that took place over forty years ago can be very problematic. Similarly, proving psychological and emotional damages is no easy task. Expert testimony can be critical in achieving results like this. Congratulations to the Washington state lawyers who obtained this excellent result for their clients. The lawyers at Shapiro, Cohen and Basinger, Ltd. are available for consultation regarding any such matters occurring in Illinois.

Cook County State’s Attorney Will Not Support Illinois’ Ban on Gay Marriage

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

I was heartened to see that Cook County Sate’s attorney Anita Alvarez will not be wasting money supporting Illinois’ ban on gay marriage. She feels and I agree that it is unconstitutional under Illinois law. If gay couples want to commit to each other why shouldn’t they have the right to do so? People who object to this on the grounds that marriage is between a man and a woman have to confront reality: there are gay people. So work on your own marriage if you want it to be “sacred” and let your neighbors be free to live their lives as they choose.

Neurological Disorders and Social Security Disability Benefits

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

The Social Security Administration has reported it will review and update the qualifying criteria for disability benefits for people with neurological disorders. Social Security has different listings for what it considers to be disabling impairments. If a claimant meets or equals one of Social Security’s listed impairments, they will be awarded disability benefits. Thus, if Social Security expands the criteria for neurological disorders, this is good news for claimants with neurological disabilities.

It is important to be knowledgeable about Social Security updates and listing criteria to successfully appeal Social Security disability cases.

Beware of Imposters on the Internet

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

The Illinois Supreme Court handed down a decision on May 24, 2012 in the matter of Paula Bonhomne v. Janna St. James that left the victim of an internet fraud without a remedy.

Paula, who lives in Los Angeles, and Janna, who lived in Batavia, Illinois started chatting on an internet chatroom for fans of the HBO show “Deadwood”. Janna then created a fictional person named Jesse and set up a separate email account for him and “introduced” him to Paula. Jesse and Paula began an online romantic relationship. Janna created a universe of twenty fictional online characters who were related to or friends with Jesse. Paula sent gifts and money to Jesse and eventually made plans to meet him and even to move in with him at his home in Colorado but just before she was to move, Paula was told by Jesse’s sister “Alice” that Jesse had died of liver cancer. Other “friends” and “relatives” sent condolences. Paula went into a deep depression and became physically sick.

Eventually, Paula’s actual friends discovered the fraud but by that time Paula had been through “an emotional ringer”. Paula sued Janna for fraudulent misrepresentation. Despite what seems to me to be an obvious injustice, the Illinois Supreme Court affirmed the trial court’s dismissal of the complaint on the basis that the tort of fraudulent misrepresentation is strictly limited to business or financial transactions and does not apply to a purely personal relationship.

While I understand that the courts do not want to get involved with cases where boyfriends lie to their girlfriends (or vice versa), this seems to create a loophole for internet predators that the legislature needs to close. In the meantime, be careful on the internet. You may not know who you’re really dealing with.

Slip And Fall Cases – The Open And Obvious Danger Defense

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

Slip and fall cases are subject to various defenses. A typical defense is that the defect on the floor or sidewalk was “open and obvious” such that the plaintiff could have avoided it. So if you are walking in a supermarket and there is a big puddle of spilled liquid in the aisle, the defense can argue that the danger was open and obvious had the plaintiff been paying attention to his or her surroundings. One way to get around the open and obvious defense is the exception where it can be reasonably anticipated that the plaintiff will be distracted and therefore not note what otherwise would be open and obvious. For example, where there are colorful displays of products on the shelves, it may be a jury question as to whether the customer was justifiably distracted and thus did not see what otherwise would be considered open and obvious.

A recent Illinois Appellate Court decision in the matter of Waters v. City of Chicago , extended this exception. In Waters , a woman was walking down the street when she encountered barricades with metal bases that extended into the crosswalk. Although she observed and avoided the first two metal bases she didn’t see the third one and tripped and injured herself. The plaintiff’s claim was that the noise of a jackhammer in the near vicinity so distracted her that she did not see the otherwise open and obvious barricade base. The trial court held that as a matter of law the defense was entitled to judgment but the Appellate Court reversed and held that the plaintiff was entitled to a trial and that a jury could decide whether or not it was reasonable for her to be distracted by the noise of the jackhammer. This is an extension of the exception because the noise from the jackhammer was not a distraction created by the owner of the premises. Nevertheless, the Appellate Court said that the City should have anticipated that there would be construction in the immediate area and could have placed warnings or just closed off the sidewalk and provided an alternative.

The bottom line is that slip and fall cases are not easy cases to win but there are ways that good lawyers can sometimes overcome the various defenses to these suits.

Recent Case in the American Association for Justice’s Professional Negligence Reporter

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

According to a recent case report in the American Association for Justice’s Professional Negligence Reporter, a federal court in Canton, Ohio recently awarded the family of an 80 year old nursing home resident $1.93 million dollars. Apparently the patient was given medication that wasn’t ordered for her which then caused hypoglycemia-very low blood sugar- resulting in permanent brain damage that eventually led to her death. The nursing home’s medication cart was disorganized and the facility was understaffed. The 80 year old patient was survived by four adult children. The verdict included $1.25 million in punitive damages.

In Illinois, punitive damages are banned in medical negligence cases. The legislature also repealed a law that used to provide for treble damages in nursing home abuse cases. Despite these obstacles, the attorneys at Shapiro, Cohen and Basinger, Ltd. have successfully handled nursing home abuse cases. If your loved ones have suffered serious injuries or death due to nursing home neglect or nursing home abuse, give us a call. We believe that our sick and elderly parents and grandparents should be treated with respect and dignity and we will fight for their rights.

A New Patient Concern: Identity Theft While In The Hospital

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

According to the Chicago Sun Times, a Northwestern Memorial Hospital employee has just been charged with stealing the identity of patients in order to pay off her personal bills. According to the article, Shatina Golden, of Matteson stole personal information from more than fifty Northwestern Hospital patients. The paperwork found in Golden’s home included birth dates, social security numbers and credit card numbers. Matteson police became suspicious when they noticed credit card activity connect with payments from Golden’s water bill. All of the patients had been inpatients, including some being treated for cancer, and had electric, gas and phone accounts opened in their names.

This crime emphasizes the need to have a patient advocate with you if you have to go to the hospital. The advocate can be a spouse, relative or close friend – someone who can watch out for you not only to safeguard your property but even more importantly to make sure you are getting the attention from the doctors and nurses that you deserve. The Chicago medical malpractice lawyers at our firm, Shapiro, Cohen and Basinger, Ltd., have seen many cases where patients have been ignored but could have been helped by a family member willing to pester the nurses or doctors. Remember that a squeaky wheel catches the grease.

Drew Peterson Jury Selection Is Finished

websitebuilder@thryv.com — Wed, 15 Aug 2012 00:00:00 GMT

Working long hours, the judge and lawyers finally sat a jury of 12 with 4 alternates for the Drew Peterson trial. Selecting a jury is often the most important aspect of the case. It is imperative to have a jury that is not biased in any way against your client. It is the lawyer=s job to ferret out biases and seat an audience that will be receptive to the story of the trial. That is where the lawyer=s experience plays an important role because selecting the jury is a real art as opposed to science. Sometimes a juror can meet pre-conceived notions of demographics but nevertheless have a hidden agenda. Effective questioning during what is call the voir dire process can help discover those jurors who might poison the case against your client due to their prejudices. Both the Plaintiff (prosecution) and the Defendant usually think they have picked a jury best for their case but only one of them will turn out to have chosen correctly. It will be interesting to see how the Drew Peterson case unfolds out and who did the best job in selecting a receptive jury.