In the Interest of Fairness

Before the parties in a civil lawsuit go to trial, each submits to the fact-finding process known as “discovery” to gain information about what the other side knows about facts pertinent to the case. This process employs methods including depositions (oral questions) and interrogatories (written questions) that must be answered under oath. Both parties are also entitled to request documents such as contracts, memos, and other materials relating to the case. If necessary, the court can force unwilling parties to come forward with relevant information. The legal system goes to such great lengths to make all this information available to both parties in order to level the playing field and not give one side an unfair advantage over the other.

If you have any questions about the discovery process – or about civil lawsuits in general – then please call us today. We will schedule a free initial appointment with you to discuss the merits of your case. Our lawyers provide experienced and aggressive legal representation for victims of personal injury, including automobile accidents, on-the-job injuries, medical malpractice, and cases of negligence. We provide personal attention from the first phases of discovery until the final verdict is in. Don’t suffer because of someone else’s negligence. Call (630) 894-0580 today to make an appointment. Our offices are located at 107 S. Third St., Bloomingdale. And remember, we’re happy to take these cases on a contingency basis. That means you don’t pay unless you win!

HINT: If you are being deposed, you have the right to have your lawyer present and are advised to do so to best protect your interests.

Are you Responsible for Injuries on your Property?

Whether or not property owners are responsible for injuries that occur on their land or in their homes largely depends on the status of the injured party. For instance, if the injured person is a customer (or “business invitee”), property owners may be liable if they did not act reasonably to protect that person, even if they did not know about the danger. Alternatively, if the injured party were a houseguest or door-to-door salesperson (a “licensee”), the property owners most probably would be liable only if they did not protect that person from a danger that was known to exist. Property owners generally do not owe a duty of care to those on their property without permission (“trespassers”).

If you’ve been injured on someone else’s property – or if you have any questions about your own liability – then please call for an appointment today. Our attorneys offer aggressive and experienced legal representations in personal injury cases that include negligence as well as automobile accidents and medical malpractice. We’ll be happy to take these cases on a contingency basis – that means you don’t pay unless you win. Call (630) 894-0580 today to schedule a free initial consultation. Our office is located at 107 S. Third St., Bloomingdale.

HINT: Property owners are responsible for posting warnings about hazards that they know to exist on their properties.

With A Patient's Consent

Elderly individuals and their families should have a particularly good understanding of the concept of “informed consent” with an eye toward the future possibility that they will need to undergo a medical procedure. If so, they have to know what treatment is planned and need to agree to it. Informed consent is required by law. If patients are treated without their consent, it may constitute assault and battery. This is why hospitals have patients sign as many as three consent forms. However, the legal validity of these documents depends on circumstances. While a signed form may provide evidence of informed consent, it does not necessarily preclude the patient from bringing a suit after treatment.

Clearly, informed consent is a complex issue, one that requires an expert legal eye to discern its subtleties. If you believe that you or a loved one has suffered at the hands of a doctor or a hospital, please call R. Mark Maritote, P.C. today. We will schedule a free initial appointment with you to discuss the merits of your case. Our lawyers offer experienced and aggressive legal representation for victims of medical malpractice as well as other forms of personal injury. Call (630) 894-0580 today to make an appointment. Our offices are located at 107 S. Third St., Bloomingdale.

HINT: When an individual is considered to be unable to give informed consent, a parent, legal guardian, caregiver, or other person may be authorized to give consent on the patient’s behalf.

ADOPTING MEASURES

People choosing to adopt a child must select an experienced and knowledgeable attorney to represent them and help navigate the legal process. Regardless of what type of adoption is being pursued, the birth parents must consent that their child should be adopted. This is, in fact, the biggest and most important step in the adoption process. It requires that the birth parents sign a document in which they consent to the adoption and give up all rights to the child. The type of consent varies by state. In some states, the birth parents must verbally agree to the consent before a judge; other states require that the birth mother file a paper (petition of relinquishment) with the court.

HINT: In an adoption, consent is not needed if the birth parent is deceased, has abandoned the child, has his or her rights terminated by the state, or if there are “special circumstances” (such as failure to have contact for a prolonged period).

SEVERANCE PAY

It is common practice for employers to offer a severance package to soften the impact of being laid off; however, employers are under no obligation to do so. The law only requires severance (some combination of money and continuing benefits) if former employees have been led to believe they would be paid when signing a written contract stating that there would be severance pay. Verbal promises, a company history of paying severance, and the promise of severance pay in an employee handbook or as part of personal policy also provide legal justification for severance pay. The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires most employers to offer laid-off employees continuation of their health insurance, but it does not stipulate that employers pay for it.

HINT: Because happy former employees are less litigious, employers are more inclined to offer them severance packages. Sometimes employers may require fired employees to sign a release (an agreement not to sue) in exchange for a severance package.

DISCERNING INTENT

Plaintiffs in civil cases are more likely to collect damage awards if they come from the defendant’s insurance company and not the defendant’s own pockets. Therefore, it is important to discern whether the tort (wrongdoing) was intentional or not. Intentional torts, in which the wrong is committed by one who is substantially certain that injury will result from the act, are not covered in liability insurance policies. Thus, damages awarded by the court must be paid by the person committing the tort. An unintentional tort is one that results from one’s carelessness or negligence. Because there are insurance policies designed to cover damages assessed for injuries resulting from unintentional (or negligent) torts, plaintiffs can feel more certain of payment.

If you’ve been hurt in an accident – regardless of whether you think it was intentional or unintentional – then you need to call our office today. We have lots of experience with a wide variety of personal injury cases and we will make sure that you get the money that you deserve. What’s more, we take these cases on a contingency basis, which means you don’t pay unless you win. You’re not just a case to us – you’re a customer. Call (630) 894-0580 today to schedule a free initial consultation to discuss your case. Our office is located at 107 S. Third St., Bloomingdale.

HINT: If you were to slip and fall at the home of a friend or acquaintance, his or her homeowner’s policy would likely pay for any damages you might receive as the result of a successful civil case to recoup costs for pain and injury that you suffered as a result.

MOTIONS AND APPEALS

A verdict by a jury or a judge does not necessarily signal the end of a personal injury case. In fact, the losing party may quickly move for a new trial based on the assertion that the trial was unfair due to legal errors that prejudiced its case. Otherwise, in cases involving jury verdicts, the losing party may make a motion for a judgment notwithstanding the verdict, which argues that no reasonable jury could reach the verdict that the jury in this case did. It may also happen that the judge may reduce the damages awarded to the plaintiff in the belief that they are too high. For that matter, the judge may increase the damages.

Because a personal injury case may take a long time to resolve, it’s vital that you have an experienced and dedicated lawyer working on your behalf from the first consultation to the final remuneration. We have dealt with a large number of personal injury cases, from automobile accidents to medical malpractice. We can make sure that you get what you deserve. Call (630) 894-0580 today to make an appointment for a free initial consultation. And, of course, we are happy to take these cases on a contingency basis. That means you don’t pay until you win. Our offices are located at 107 S. Third St., Bloomingdale.

HINT: Either side may appeal the amount of the damage award.

A TORT IS NOT NECESSARILY A PIECE OF CAKE

There are many kinds of personal injury cases, which also go by the name “tort” cases (the French word for “wrong”). Staying with this terminology, the person doing the wrong is known as the “tortfeasor,” or defendant. In injury cases based on tortfeasor negligence, the defendant is charged with failing to exercise the care for the safety of another that a prudent person would ordinarily use. There are other types of injury cases that involve more than mere negligence. These include an injury that was caused intentionally, such as an assault. In any injury case, the common thread is the concept of fault, which must be proven before the injured party can obtain a legal remedy or judgment.

If you have been hurt by someone’s negligence and think that you might be due remuneration for your pain and suffering, please call our law office today. One of our attorneys will schedule a free initial consultation to discuss the merits of your case. We provide experienced and aggressive representation in cases of personal injury, including auto accidents and medical malpractice as well as negligence. We will fight hard to get you the money that you deserve. In addition, we take these cases on a contingency basis, which means you don’t pay unless you win. Call (630) 894-0580 today. Our office is located at 107 S. Third St., Bloomingdale.

HINT: Plaintiffs in personal injury cases must prove “proximate cause,” which shows that the defendant’s negligent behavior was directly related to the plaintiff’s injuries.

ENOUGH BLAME TO GO AROUND

In exchange for workers’ compensation, beneficiaries agree to give up their right to sue their employers for the tort of negligence. However, this compensation bargain does not prevent injured workers from filing a liability insurance claim against anyone else outside the business who may have been even partly responsible for the accident. In the event that a worker files both a workers’ compensation claim and a private liability insurance claim, the workers’ compensation system automatically has a lien against any compensation recovered from the liable outside person or business (known as the “third party”). This means that any damages recovered from the third party must be repaid to workers’ compensation for money it paid for medical bills or lost wages.

If you’ve been hurt at work and have any questions about Worker’s Compensation, please call our office today to schedule a free initial consultation. Our lawyers have broad experience with a large number of personal injury cases, from automobile accidents to medical malpractice. We can make sure that you get what you deserve. Call (630) 894-0580 today to make an appointment. And, of course, we are happy to take these cases on a contingency basis. That means you don’t pay until you win. Our offices are located at 107 S. Third St., Bloomingdale.

HINT: Prior to the implementation of workers’ compensation, injured workers had to prove that employers were negligent in order to gain any compensation for lost wages and medical bills.

IT’S A CRIME… AND A TORT

While criminal actions are prosecuted in criminal court, they may also prompt a civil case if a plaintiff suffers injury as a result. For instance, if one person assaulted and battered another, the action would constitute a crime that would be punishable in court. The state would then prosecute the offender on behalf of society, not on behalf of the victim. Any fine handed out against the defendant as a sentence would not go to the victim but to the government. That same incident of assault and battery could also give rise to an action under tort law whereby the injured party could sue the defendant for causing injury. Any court-ordered compensation would go to the injured person.

If you have been hurt by someone else and believe that you are due recompense for your suffering through a civil tort, then please call our office today. One of our attorneys will schedule a free initial consultation to discuss the merits of your case. We provide experienced and aggressive representation in cases of personal injury, including auto accidents and medical malpractice. We will fight hard to get you the money that you deserve. In addition, we take these cases on a contingency basis, which means you don’t pay unless you win. Call (630) 894-0580 today. Our office is located at 107 S. Third St., Bloomingdale.

HINT: While the standard of proof in criminal cases requires prosecutors to prove their version of events “beyond a reasonable doubt,” only “preponderance of evidence” is required in civil cases.

WHO’S TAKING THE FALL FOR YOUR INJURIES?

If you fell and hurt yourself on a neighbor’s property as a result of his or her negligence, would you sue? Some people would shrug off their injuries, not wanting to disrupt cordial neighborly relations. However, not wanting to “rock the boat” may leave injured people drowning in medical bills and lost wages. The fact is that most people do not know the full extent of their injuries or how long they might last. Nor are they aware of how expensive medical treatment or the recuperation process might be. If you are seriously hurt due to the negligence of someone else, you are entitled to compensation for your injuries. That is why property owners purchase homeowners’ insurance with liability coverage.

If you have been injured by someone’s negligence, you deserve remuneration. Our lawyers provide aggressive and expert representation for victims of any sort of personal injury case, from slips-and-falls to automobile accidents. We will work hard to make sure that any future medical expenses are taken care of – because you can’t know now how expensive they will be. Call (630) 894-0580 today to make an appointment for a free initial consultation. And, of course, we are happy to take these cases on a contingency basis. That means you don’t pay until you win. Our offices are located at 107 S. Third St., Bloomingdale.

HINT: Without a lawyer to represent your legal interests, you would be negotiating in the blind with an experienced insurance agent if you were to entertain and accept an immediate settlement offer for your injuries.

WRONGFUL DEATH LAWSUITS

When a person dies due to the negligence or other type of unjust action of another, the victim’s survivors are entitled to monetary damages. In effect, wrongful death lawsuits filed in civil court ensure that negligence victims’ rights to be compensated for their injuries do not perish along with them. This has not always been the case. Under “common law,” which consists of general legal principles that have passed from England to the United States over the centuries, it was not possible to make a wrongful death claim because it was thought that the claim went the way of the deceased victim. However, wrongful death statutes that have been passed by states in subsequent years have corrected this injustice.

If you have lost a loved one due to someone’s negligence, please call our law offices today. No amount of money can make up for your pain and loss, but we know that you deserve some remuneration for your losses. Our attorneys provide aggressive and experienced representation for survivors of wrongful deaths, as well as for personal injury victims. Call (630) 894-0580 today to schedule a free initial consultation to discuss the merits of your case. Our office is located at 107 S. Third St., Bloomingdale.

HINT: Any damage awards received from a successful wrongful death suit belong to the deceased’s estate and may later pass to others as directed by the deceased’s will.