Understanding Wrongful Death and Survival ActionsBy Frank AndreanoOctober 2015Article, Page 30Though the terms are sometimes used interchangeably, wrongful death and survival actions are anything but identical. Failing to understand the differences can cost you and your client.
Pointers for Proving Future DamagesBy Judge James M. VargaAugust 2015Article, Page 40To successfully argue for or against future damages, lawyers must understand the meaning of "reasonable degree of medical certainty" and know when expert testimony is and isn't required.
Slips, Falls, and the Natural Accumulation RuleBy Jason G. Schutte and Eric WaldmanJune 2015Article, Page 28Owners are not liable for falls caused by a natural accumulation of ice, snow, or water on their property. But what is a "natural accumulation"? This article looks at the law.
Tort legislation medleyBy Matthew HectorOctober 2014LawPulse, Page 466The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.
Choosing an Economist for Your Personal Injury CaseBy Scott GilbertMay 2014Article, Page 232How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.
Preserving the Peer Review Privilege in Med-Mal CasesBy Margaret J. LoweryApril 2014Article, Page 176Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.
The high court bars a suit filed against dead defendantBy Adam W. LaskerDecember 2013LawPulse, Page 606After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.
‘Wrongful Birth’ Plaintiffs Can Recover for Emotional DistressBy Christopher T. Hurley and Mark R. McKennaNovember 2013Article, Page 580A recent Illinois Supreme Court decision holds that parents can recover for emotional distress if they win a claim for negligent genetic counseling, even if they suffered no direct physical injury.
Insurer’s substantial prejudice claim is negated by judgment-proof tortfeasorSeptember 2012Illinois Law Update, Page 464On June 27, 2012, the second district appellate court held as a matter of law that an automobile insurer cannot refuse to pay underinsured motorist ("UIM") coverage to its insured on the grounds that the insured violated a cooperation clause by settling with a judgment-proof tortfeasor.
The Illegal Immigrant as P.I. Plaintiff: Determining Lost WagesBy Douglas A. WolfeJune 2012Article, Page 312Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.