Stanton v. Rea

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (5th) 110187
Decision Date: 
November 2, 2012
5th Dist.
Union Co.
Reversed and remanded.
Jury verdict of $13,506 plus $3,919.79 in costs awarded for motor vehicle accident. Court improperly failed to divide costs of suit, and ordered that costs be paid solely by Plaintiff, meaning that Plaintiff received nothing, after 30% attorney's lien and 40% of verdict went to pay medical liens. To ensure that a plaintiff receives 30% of the judgment, as intended by the Health Care Services Lien Act, computation of the 40% to pay medical liens must not begin until costs of bringing case to trial and securing payment of judgment have been deducted from amount of original verdict. (DONOVAN and WELCH, concurring.)