One of the interesting things about workers compensation law is that, unlike certain areas of civil law such as auto accidents or medical malpractice, for instance, that come down to case-by-case factual determinations, it seems as though a great majority of the facets, nuances, and "ins and outs" of this area is regulated and spelled out in the text of the law. From a practical standpoint, this is due in large part Read More
Chicago Trial Attorney: Personal Injury & Business Litigation: Workers Compensation Law — Personal Injury Lawsuit or Workers Comp Claim — Where Do I Draw the Line?
Being injured on the job is one of the most stressful things that can happen to the average American. Navigating the unique legal and procedural area of Workers' Compensation law -- a figurative "island unto itself" -- is a rather daunting task that requires a great deal of expertise and compassion. In order to understand this area of the law, it is perhaps most useful, as is the case with most things in life, to Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: The Power of Subpoenas
The fact finding process in civil cases is known as "discovery" -- that is, where you can ask the other side to turn over any document or other piece of evidence/information in their possession that might have some bearing on your case (provided that you ask for it in fairly descriptive terms). Many litigants make the mistake of stopping their focus after obtaining discovery -- once they've gathered everything they Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Attorney-Client Privilege
Conversations and communications between you and your attorney are covered by what is known as the attorney-client privilege. Privilege attaches to such conversations and communications so that you and your lawyer can freely discuss your matters without being judged and without hesitation, amongst other reasons. To be entitled to the protection of the attorney-client privilege, a claimant must show that: (1) a Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Discovery Truths and Process
Parties to a lawsuit (usually with the assistance of their attorneys) are under a duty to answer everythingtruthfully, but that doesn't mean that it's always easy to get a "straight" answer out of someone. This is one of those areas that distinguishes attorneys -- recognizing the difference between a party giving an affirmative yes or no answer, and half-measures such as "I think" or "I believe that is correct." A Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Privacy and Your Medical Records
One of the most sensitive parts of filing a lawsuit after you've been the victim of an injury is the extent to which your private medical issues must come to light. It is unfortunate that you have to give complete strangers access to your most private records, and it is an unfortunate side effect of pursuing your rights. Steep barriers prevent most people from having access to your medical information -- even your Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Technology & Changing Trends in Discovery Process
One of the most important components of the litigation process leading up to trial is the discovery deposition. Deposition is a fancy legal word for a process by which a person sits down in front of a court reporter and gives testimony under oath that is transcribed by that court reporter. A deposition may end up being the only time that a person is allowed to tell their "story" in their own words while being asked Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: The Importance of Completeness
The Importance of Completeness In every case, there is a "discovery process" where parties exchange information and begin to weed out the issues of a case. Many attorneys make the mistake, however, of assuming that just because materials (be they interrogatories (a fancy word for "questions" in writing), requests to produce documents, requests to admit facts, amongst others) have been sent to the opposing counsel, Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Trial Aspects of a Case
A case often develops and "takes on a life of its own" due to the strategies attempted to be employed by defense attorneys. Essentially, a trial strategy can often draw a striking contrast between the way an incident seemed at the time of its occurrence, and how things are actually presented at trial. A good trial attorney must keep the Judge and Jury focused on the truth at all times - and with the utmost Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Felony or Criminal Backgrounds and Auto Accidents
It is one of the hallmarks of our judicial system that everyone is entitled to the same level of fairness in their access to the courts as everyone else. But sometimes, people are afraid to pursue their rights because they are afraid that things they have done in their past--particularly crimes--may be used against them. For the first time, however, Illinois has joined the majority of states in enacting procedures to Read More
