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Articles Posted in Personal Injury Legal Theories

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Supreme Court Reverses Decision Rejecting Arbitration Agreement Between Nursing Home and Residents

Photo Credit: designer491 / Shutterstock.com Earlier this month, the United States Supreme Court decided a case that may have a major effect on nursing home claims throughout the United States. In Kindred Nursing Centers, L.P. v. Clark, the court held that state courts cannot adopt rules that single out arbitration…

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Determining Liability in Illinois Multi-Vehicle Car Accidents

Personal injury claims arising out of car accidents usually involve acts of negligence, and they often involve multiple parties. For example, there may be allegations that a driver failed to obey traffic laws, failed to drive safely considering the conditions, or failed to properly maintain the vehicle’s brakes. There also…

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Plaintiff’s Award Initially Reduced Due to Insurance Coverage but Restored on Appeal

In a recent case, the plaintiff brought a personal injury claim against another driver and his company after he was injured in a car accident. The case proceeded to trial, and a jury found in favor of the plaintiff. The jury awarded him $84,283 in economic damages and $40,000 in…

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Punitive Damages Permit Plaintiffs to Recover Greater Awards and Punish Bad Behavior

In civil claims, when a jury finds in favor of the plaintiff, the plaintiff is generally awarded damages to compensate for the injuries or damages incurred. Compensatory damages are often awarded to compensate the plaintiff for medical expenses, lost wages, mental distress, and other losses. Punitive damages can also be…

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Illinois Woman Fails to Show Store Was Negligent After She Falls on Rocks in Parking Lot

In a recent case, a woman sued a store alleging negligence after she fell in a parking lot. According to the court’s written opinion, the plaintiff was shopping with her husband in Hodgkins, Illinois when she fell after stepping on some small rocks in a parking lot. The plaintiff suffered a…

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Court Reinstates Case After Attorney Admits Fault in Failing to Pay Court Fees

Following the court rules may seem like a basic concept, but failing to follow them can have a devastating impact in a case. A recent case demonstrates how an attorney’s oversight almost resulted in the permanent dismissal of a case. A woman sued the Greyhound bus company after she was injured on…

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Court Discusses “Foreseeability” Requirement in Chain-Reaction Truck Accident Case

This fall, an appellate court in Mississippi issued a written opinion affirming the dismissal of a case against a truck driver and his employer on the ground that the injuries sustained by the plaintiff were not a foreseeable consequence of the defendants’ allegedly negligent actions. In the case, Ready v. RWI…

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Plaintiff’s Expert’s Conclusions Protected by Work Product Doctrine

In a recent case, a man sued the maker of his utility terrain vehicle (UTV) after the UTV overturned, and the roof failed, causing his injuries. The man designated four expert witnesses to testify in his case at trial. For one of the experts he designated, the man said the…

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Court Determines that Land Surveyors Are Considered “Professionals” for Negligence Claims

A man filed a negligence case against a land surveyor after he tripped and fell on a stake while on his own land. The stake had been placed there by a surveyor while he was performing a survey of the land. When the surveyor had surveyed the land, he marked…

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Personal Injury Settlements Are Subject to Court Approval, and They May Be Thrown Out if the Presiding Judge Rejects the Terms

Settlements can be an effective and beneficial way for both parties to resolve a case without having to go through a trial. However, some settlements can be thrown out if they are not approved by a judge, causing the litigation process to continue. Personal Injury Settlements in Illinois Although a…