Brief discussion about confusion created by unsettled question of constitutionality of Illinois’ 2021 prejudgment interest law for personal injury cases
Summarizes recent changes and trends in Medicare Secondary Payer laws, processes, and procedures
Describes Missouri’s changed requirements for finalizing personal injury settlements and other claims involving minor children
Illinois SB 0072 is now law; amends 735 ILCS 5/2-3103, revising how prejudgment interest is calculated in personal injury cases
Analysis of various opinions on Illinois S.B. 72, which is a revision of H.B. 3360. The bill would revise how post-judgment interest is calculated in personal injury cases
Illinois’ legislature sent a revised bill to governor after he vetoed initial legislation allowing pre-judgement interest to personal injury plaintiffs
Illinois HB 3360 adds pre-judgment interest to personal injury awards, has few safeguards for defendants, and is opposed by business, medical, and defense groups
Seventh Circuit rules that based on unambiguous contract language, a construction contractor owed no duty to plaintiff
By now, most of us have seen a funny warning sign or two, either in person or perhaps as a meme on social media. While these warnings may give us a quick laugh, can they also be useful in shielding against liability for bodily injury claims? The Third District of the Illinois Appellate Court thinks so, as set forth in its recent decision in Smith v. The Purple Frog, Inc., 2019 IL App (3d) 180132.
In Smith, plaintiff sued a bar for negligence after backing into a heater located in the bar’s outdoor beer garden and sustaining injury. Plaintiff had gone out to the beer garden to smoke. The heater was ...
In Illinois, statutes provide protection to a disabled person with respect to the time within which a cause of action for personal injury will accrue. Under traditional legal thought, the cause of action begins to accrue and the statute of limitations begins to run immediately on the date of injury. In cases where the injury is not obvious enough to be discovered the moment it occurs, the date of accrual begins on the date the injured person “knows or should have known” a cause of action exists. Under the discovery rule, the plaintiff has the burden of establishing facts to support the ...
Since 2005, Missouri attorneys have struggled with the interpretation and application of Missouri’s collateral source rule as it related to evidence of a plaintiff’s medical treatment bills. Generally speaking, the collateral source rule bars a defendant from introducing evidence that part of a plaintiff’s damages were paid for by a party other than the defendant; i.e., the plaintiff’s insurance company or some other form of public benefit. In Missouri, however, that rule had been applied to allow plaintiffs to present evidence of the total amount billed by a health care ...
