Technicalities involved in Settling of a Minor's Estate in a PersonalInjury Matter

In situations where minor's have been involved in a personal injury accident, Illinois rules generally contemplate that a Judge should rule on the fairness of a proposed settlement, adjudicate the reasonableness of fees, and expenses attributable to the litigation under the attorneys' contingent fee arrangement. Florkiewicz v. Gonzalez, 38 Ill.App.3d 115, 347 N.E.2d 401 (1st Dist. 1976).

In order to have a settlement approved, a guardianship or a conservatorship must be established.  A guardian ad litem may need to be appointed as an independent representative of the minor.

Several steps will need to be taken in probate court including:

1. petition to settle claim,

2. response of the guardian ad litem, and

3. order allowing the petition to settle claims.

Representing a minor is a serious responsibility, and it is important that an experienced and expert injury attorney is consulted in order to protect the minor's interests.

Evidence Basics: Judicial Discretion

One of the basic tenets governing admissibility of evidence at trial is it is a matter within the discretion of the trial judge. Evidence admissibility issues are governed by the abuse of discretion standard on appeal.

Rulings on admissibility will be overturned only when the decision is arbitrary, fanciful or unreasonable and when the improper ruling substantially effects the outcome of the trial.

Beyond the statement that admissibility is governed by the discretion of the trial judge, evidence should be admitted if it is relevent and apropo to the matter at hand, admissibiliity limited by the potential for prejudice or confusion.

Evidence law in Illinois personal injury cases can be extremely nuanced and detail intensive. Trial judges are important gatekeepers of evidence in cases. In the event of a serious personal injury in Illinois, contact an attorney at The Law Offices of Adam J. Zayed, P.C. today in order to speak to someone who will be able to make the winning argument based on the facts of your case.

How to choose a personal injury attorney? (Part 3)

You have a valid personal injury claim if you were injured as a result of an accident, caused by the fault of another.  When you are in the process of searching for an attorney, you should take your case to an attorney who has experience in the personal injury legal field.  It it very important that your case is handled by an attorney who is passionate about personal injury law.

If you have a valid personal injury claim, you can recover for:

1. Medical expenses incurred during treatment of your injuries;


2. Future medical expenses;


3. Loss of Wages;


4. Loss of Future Wages;


5. Pain & Suffering; and


6. Loss of enjoyment of Life.

It may very well be the case that your personal injury attorney will play an important role in protecting your future in the event of injury.  It is critical that your personal injury attorney is willing to fight for your rights.

How to Choose a Personal Injury Attorney (Part 2)

Honestly, one of the best ways to find a personal injury attorney, or any attorney for that matter, is to ask your family, friends, and acquaintances.  The chances are very high that someone you know knows a good attorney.

Another way to find an attorney is to use attorney referal services.  This method may prove slightly less credible, however, because the attorneys you will find through these services pay to get on the referral list.  Their skills as attorneys may very well be suspect, but if they pay their fees to the referral services, they remain on the list.

Another method for finding an attorney is to contact the local Bar Association for your area.  Most likely your area or county will have Bar Association listings of attorneys in particular practice areas.  These listings, however, do not necessarily ensure the capabilities of attorneys.