Question & Answer – At Will Employee Fired

September 30, 2010

Question: I was in a serious motorcycle accident where I broke 29 bones. I had just completed a probationary period and was hired as a full time employee. Due to my accident I was terminated and lost medical coverage, wages and eventually became bankrupt. A single father with full custody of two minor children added another level of complication.

The site manager said it was a business decision and I was not in the position to fight the case. Well I changed my life around and now am back on top. Can I go back after the site manager and sue him for damages; since he was the company’s representative that made that decision. At the time I was hired I was entitled to 100% medical and 4 weeks temporary disability. Surely, there could have been another way to address my situation.

Answer: As an at will employee, you can be fired for any reason whatsoever, unless the reason has to do with race, sex and/or age. You were let go, evidently, because you were injured and were not able to do you work. Unless you had a contract, or a Union to protect you, you have no recourse.

via Can an at will state fire a person for an off the job injury? Can I sue my supervisor for damages? – Avvo.com.

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If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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The Lawsuit Epidemic Is Over

September 29, 2010

The numbers simply do not lie. There has never been a “lawsuit epidemic” unless by epidemic it is means fewer and fewer lawsuit and ever smaller verdicts.

In fact, the real danger of a small business being harmed by a meritless or overblown lawsuit is small. The NFIB’s own research upheld this in 2005, when it asked 3,500 small business owners to rank the problems they faced. “Costs and Frequency of Law Suits/Threatened Suits” came in 65th of 75, barely beating out “Solid and Hazardous Waste Disposal.”Further, the risk is shrinking, not growing. The number of civil tort cases shrank by more than 31 percent from 1996 to 2005, according to a U.S. Department of Justice examination of state courts in the nation’s 75 most populous counties. The actual number of tort trials in 2005 was 7,038.Most of these trials involved automobile accidents. It’s hard to see how somebody suing somebody else over a car wreck is an obstacle to economic growth. Almost all types of tort trials declined, according to the DOJ study, with product liability cases — the kind that presumably would do the most to chill innovation — down nearly 47 percent. The only category that increased was medical malpractice up 5.5 percent.With tort trials down nearly a third and with small businesses ranking fear of lawsuits lower than taking out the trash, it seems clear that there never has been much of an epidemic of abusive lawsuits and, if there was, it’s over. Unless you’re planning to produce a defective product, worry about something else.

via Note to Small Businesses: The Lawsuit Epidemic Is Over | BNET.

If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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Chicago family honors girl, Maya Hirsch, killed at crosswalk in Lincoln Park

September 28, 2010

This is another tragic and completely avoidable incident where a little kid was killed due to driver’s carelessness. The least that can be said is that at the very least, the new law mandating a complete stop at crosswalks is a step into the right direction.

Thee city of Chicago is using that law to crack down at crosswalks, and Maya’s family is channeling their pain to make a difference.

The new crosswalk law requires drivers to stop, not just yield to pedestrians in crosswalks. The new safety rule brings some comfort to the family of Maya Hirsch but, unfortunately, cannot lessen their pain.

That’s the reason they once again walked in her honor and called for more to be done to protect pedestrians from careless drivers.

Renee Hirsch and Elaine Balaban made a plea for the granddaughter they lost as they once again walked for Maya.

“When we are old and can’t continue here, our grandchildren will continue this tradition to honor Maya and remember Maya throughout the generations,” said Elaine Balaban, Maya’s grandmother.

via Chicago family honors girl, Maya Hirsch, killed at crosswalk in Lincoln Park | abc7chicago.com.

If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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Question & Answer – Statute of Limitation of Judgment?

September 27, 2010

Question: I was in an accident in 2002 and was ordered to pay a large sum of money before i can get my license back. I have recently tried to work out a payment plan w/ the lawyer but it is absurdly high cost, and now interest has been added on to the amount. Do I have to pay the interest and what can i do to get the lawyer to work with me and get a payment plan i can actually afford? I need a hardship license to go back and forth to work, and have been denied because of this case.

Answer: There is noting in the law that will force the attorney to work with you.

You may be able to get the court to grant you a license to operate your vehicle to and form work if you can show that it is a necessity but that won’t really make your life that much easier. 

The only way to get the judgment discharged, is via bankruptcy–although that would be the so called “nuclear option” because although the judgment will be gone, you will have to deal with the BK on your record for 7 to 10 years! 

If the attorney is not working with you (he is a foul) but there is not much there that can be done unless you can live with no license, and won’t mind a potential wage garnishment.

via Is there a statute of limitations that i may not have to pay for an accident i was in? The lawyer wont work with me! – Avvo.com.

If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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$1 Million lawsuit filed on behalf of beaten child; Illinois DCFS is named as defendant

September 24, 2010

Generally, government officials and employees have immunity from damages resulting from their negligence while discharging their duty.

In this case however, I can see an argument based on reckless disregard for the safety of the child be made so as to show that DCFS was so careless that their actions was no longer negligent but tantamount to a willful and wanton act. If the argument wins in Court, DCFS and the employee will be on the hook for the damages.

Every day I hear on the news how children have been abused by foster parents and somehow DCFS either knew about it, or had failed to properly investigate allegations of child abuse or some other such issue. It appears to me that DCFS is simply way too underfunded and is unable to meet its mandate.

The parents and grandparents of a Madison County boy and the state are named in a $1.05 million lawsuit filed on behalf of a young child allegedly beaten to death by his father.Matthew C. Wells, special administrator of the estate of Joseph M Schoolfield, filed the complaint Sept. 7 in Madison County Circuit Court. Named in the suit are Josephs mother, father, grandparents and the director of the Illinois Department of Children and Family Services, Erwin McEwen.

via $1 Million lawsuit filed on behalf of beaten child; Illinois DCFS is named as defendant.

If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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Nationwide Class Action Filed Over Egg Contamination

September 22, 2010

It always amazes me when information such as this surfaces. The question is, where is FDA in all this? Is it sufficient to have a body in charge of the food safety and then allow 426 violations to keep going. Shouldn’t someone at the FDA raised a red flag perhaps after the 100th violation? Maybe after the 20oth? Where is line?

I have previously blogged about the fact that trial lawyers seem to be doing that which is really the government job–to encourage companies to make sure the products they put in the stream of the market meet some minimum safety level.

Over the past few weeks, things have gone from bad to worse for the farms that appear to be at the epicenter of the outbreak. Last month, the Food and Drug Administration (FDA) reported that both farms had a number of serious health violations, including rodent and bug infestations, manure, holes in the walls, and “dead flies too numerous to count.” FDA official Michael Taylor said the conditions represented “significant deviations from what should be happening.”

Congressional investigations currently underway have uncovered shocking information about one of the the farms’ safety records. The House Energy and Commerce Committee discovered documents showing that testing for salmonella at Wright County Egg came back positive 426 times in the period between 2008 and 2010. Up to 67 of those results were this year alone.

via Nationwide Class Action Filed Over Egg Contamination.

If you or a loved one has been a victim of personal injury in Chicago or the surrounding area, contact or call us at 312-252-5252 for a free no obligation consultation to discuss your legal options.

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You Are Welcome!

September 18, 2010

In Countries where consumer protection is more than just lip service and companies are expected to put safe products on the market, personal injury cases and trial attorneys are not mentioned in the news as much as here in the United States.

Since, as consumers, we do not enjoy many basic protections we should, it is only the fear of litigation that keeps (albeit not always) the companies honest and at least force them to consider injuries resulting from their product into their profit/loss calculation.

Anyone remember the Pinto?

Query: Why would an attorney, on a contingency fee contract (no covery, no fee) who is trying to feed his family and satisfy employees file a case that is “worthless”? How does he get paid for doing this?

Query: What judge would allow a worthless, “frivolous”, case to clog his docket? He would dismiss such a case, right?

Query: What would right wing, ‘smaller government’, ‘get government out of our lives’ proponents be proposing that the legislative branch is better suited to govern what goes on in the courtroom than the lawyers and judges who work in the system, every day?

via Have You Ever Thanked A Trial Lawyer For Improving Your Safety?

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Female extra Gabriella Cedillo, 24, seriously hurt in Transformers 3 accident

September 17, 2010

I wonder what sort of waivers the extras have to sign and whether or not any of the waivers they do sing can withstand scrutiny in Court.

A 24-year-old woman suffered a serious head injury during the filming of a car stunt at a “Transformers 3” shoot in northwest Indiana one day before filming was supposed to conclude in the Chicago area.Gabriela Cedillo of Chicago was injured on the set Wednesday around 7 p.m. along a stretch of Cline Avenue, which was closed to traffic for filming, in East Chicago. She is in critical condition, according to published reports, but the hospital will not comment on her condition.A stunt was apparently being performed during filming when Cedillo, who is not a stuntman, was hurt.

via Female extra Gabriella Cedillo, 24, seriously hurt in Transformers 3 accident in East Chicago, Indiana | abc7chicago.com.

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