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.

Categories of Witnesses in Illinois Personal Injury Cases

According to the Illinois Supreme Court Rules there are three categories of witnesses in civil cases.  Rule 213(f) designates these three categories as: lay witnesses, independent expert witnesses, and controlled expert witnesses.  The testimony and opinions of these witnesses are used to ensure that that people can substantiate their cases efficiently and fairly.  It is necessary that the attorney you choose to represent you in personal injury matters is an expert in coordinating with opinion witnesses.

The categories of expert witnesses are:

(1) Lay Witnesses. A “lay witness” is a person giving only fact or lay opinion testimony;

(2) Independent Expert Witnesses. An “independent expert witness” is a person giving expert testimony who is not the party, the party’s current employee, or the party’s retained expert. (Examples of these witnesses are a police officer making an arrest or a treating physician).

(3) Controlled Expert Witnesses. A “controlled expert witness” is a person giving expert testimony who is the party, the party’s current employee, or the party’s retained expert. (These witnesses can be hired by attorneys, and they might provide an expert opinion based on their expertise, examination of the facts of the case, or even a hypothetical situation).

In the event of a serious personal injury accident, it is critical that you retain an attorney who will be able to coordinate with experts in order to substantiate your case.  If you or a family member have been seriously injured, contact a Chicago personal injury attorneyat The Law Offices of Adam J. Zayed, P.C. today in order to schedule a free, no-obligation consultation.

Illinois Train Accidents

Train accidents occur far more frequently in Illinois than in other states.  This is undoubtedly due to the sheer quantity of rail lines in Illinois.

Illinois has well over 7,000 miles of railway lines in Illinois--Illinois ranks second in the nation behind Texas.

If you've ever been caught behind a freight train while driving a car, here's an interesting statistic: Illinois railways move over 500 Tons (nearly 1 trillion pounds) of freight every year.  More than any state in the U.S.

There are over 50 railroad companies operating throughout Illinois including but not limited to:

Common Freight Carriers

• Alton and Southern Railway (ALS)


• Belt Railway of Chicago (BRC)


• Bloomer Shippers Connecting Railroad (BLOL)


• BNSF Railway (BNSF)


• Burlington Junction Railway (BJRY) also operates City of Rochelle Railroad (CIR)


• Canadian National Railway (CN) through subsidiaries Chicago Central and Pacific Railroad (CC), Elgin, Joliet and Eastern Railway (EJE), Grand Trunk Western Railroad (GTW), Illinois Central Railroad (IC), and Wisconsin Central Ltd. (WC)


• Canadian Pacific Railway (CP) through subsidiaries Dakota, Minnesota and Eastern Railroad (DME) and Soo Line Railroad (SOO)


• Central Illinois Railroad (CIRY)


• Chicago–Chemung Railroad (CCUO)


• Chicago, Fort Wayne and Eastern Railroad (CFE)


• Chicago Port Railroad (CPC)


• Chicago Rail Link (CRL)


• Chicago SouthShore and South Bend Railroad (CSS)


• Chicago Terminal Railroad (CTM)


• Crab Orchard and Egyptian Railroad (COER)


• Coffeen and Western Railroad (CAEG)


• CSX Transportation (CSXT) including subsidiary Baltimore and Ohio Chicago Terminal Railroad (BOCT)


• Decatur Junction Railway (DT)


• Eastern Illinois Railroad (EIRC)


• Effingham Railroad (EFRR)


• Evansville Western Railway (EVWR)


• Illinois Railway (IR)


• Illinois and Midland Railroad (IMRR)


• Illinois Western Railroad (ILW)


• Indiana Rail Road (INRD)


• Indiana Harbor Belt Railroad (IHB)


• Iowa Interstate Railroad (IAIS) operates Lincoln and Southern Railroad


• Joppa and Eastern Railroad (JE)


• Kankakee, Beaverville and Southern Railroad (KBSR)


• Kansas City Southern Railway (KCS) including subsidiary Gateway Eastern Railway (GWWE)


• Keokuk Junction Railway (KJRY)


• Manufacturers Railway (MRS)


• Manufacturers' Junction Railway (MJ)


• Norfolk Southern Railway (NS)


• Pioneer Industrial Railway (PRY)


• Riverport Railroad (RVPR)


• Shawnee Terminal Railway (STR)


• South Chicago and Indiana Harbor Railway (SCIH)


• Tazewell and Peoria Railroad (TZPR) operates Peoria and Pekin Union Railway (PPU)


• Terminal Railroad Association of St. Louis (TRRA)


• Toledo, Peoria and Western Railway (TPW)


• Union Pacific Railroad (UP) including subsidiary Southern Illinois and Missouri Bridge Company


• Vandalia Railroad (VRRC)


• Vermilion Valley Railroad (VVRR) operates FNG Logistics Company (FNG)


• Wisconsin and Southern Railroad (WSOR)

Private freight carriers

• Burlington Junction Railway (BJRY)


• Calumet Transload and Railroad


• C&C Railroad


• Chicago Heights Switching operates Bulkmatic Railroad (BTCZ)


• DOT Rail Service


• Kaskaskia Regional Port District (KKRX)


• Mokena Illinois Railroad


• North American Industrial Railway


• Peoria, Peoria Heights and Western Railroad


• Respondek Railroad (RRC)

Passenger carriers

• Amtrak (AMTK)


• Chicago Transit Authority


• Fox River Trolley Museum (Aurora, Elgin and Fox River Electric)


• Illinois Railway Museum


• Metra


• MetroLink


• Monticello Railway Museum


• Silver Creek and Stephenson Railroad


• South Shore Line

Illinois has over 10,883 public highway rail crossings, of these 8,131 are on street level and 2,752 are separated by roads by a bridge.

These statistics can be found at http://www.icc.illinois.gov/railroad/

At The Law Offices of Adam J. Zayed, P.C., we provide the highest level of legal advocacy.  In the unfortunate event of a train accident, it is necesscary to ensure that your rights are protected.  We ask that you strongly consider retaining the services of an attorney at The Law Offices of Adam J. Zayed, P.C. in the event of a train accident.

Impaired Earning Capacity

It is very often the case that one's ability to earn a living will be impacted in the unfortunate event of an accident.  When analyzing a personal injury case, impaired earning capacity is always a consideration.  The calculations that go into analyzing the degree that one's earning capacity is impaired requires a significant amount of foresight.  Also, impaired earning capacity is a concept that must be applied on a person to person basis, taking into account the specifics of a person's life.

Some of the factors that go into showing how a person has had their earning capacity diminished by an injury include:

1. the physical and mental capacities, before and after the injury;


2. preexisting physical or mental conditions;


3. educational background and/or training;


4. type of career;


5. career potential;


6. ambition to enter into a career as long as the ambition has a reasonable chance of coming to fruition;


7. how the injury affects plaintiff's career (For example, severely injured hand may present different difficulties to a typist than it would a taxi driver).

Should you have a question related to Impaired Earning Capacity or a related subject, please contact an attorney at The Law Offices of Adam J. Zayed, P.C.

Statute of Limitations – How long can you wait to file a personalinjury claim?

One of the most important factors in any personal injury claim is: what is the applicable statute of limitations?  This questions determines when a personal injury claim may be filed. If a claim is not brought within the the appropriate statute of limitations time period, the claim will be barred and Courts will not hear the case.

Generally, actions for personal injury damages in Illinois must be commenced within 2 years after the cause of action accrued.  735 ILCS 5/13-202.

However, there are several nuances to this rule:

Personal Injury to Minors:  In this situation, the statute of limitations does not begin to run until the minor reaches the age of 18.

Personal Injury Actions Made Against the State: In this situation there is an additional notice requirement.  The Court must be notified within 1 year of the injury, and suit must be filed within 2 years.

Dram Shop Actions:  Personal injury actions must be filed within 1 year.

Personal Injury Claims Against the Chicago Transit Authority: In the past, claims made against the CTA had to comply with a 6 month notice requirement.  If CTA did not recieve notice within 6 months of an individual's injury, the claim would be bared.  However, as of June 1, 2009, Governor Patrick Quinn repealed the 6-month notice requirement. Today, personal injury claims against the CTA need only comply with a 1 year statute of limitations.

Personal Injury Claims Against a Local Public Entity: Claims must be filed within 1 year.

An experienced personal injury attorney will ensure that all applicable statute of limitation requirements are met.

Uninsured/Underinsured Motorist Provisions

When people are involved in collisions or accidents, they naturally look to the individuals who caused the collision or accident for recovery. Very often, however, the individual who caused an accident (a) will not have insurance coverage or (b) will not have adequate insurance coverage to cover the claim.  In this situation, achieving recovery may require looking into one's own insurance policy for "uninsured" and/or "underinsured" motorist provisions.

The validity and usefullness of this kind of coverage becomes clear in light of statistics from the the Insurance Research Council which show that the  number of uninsured drivers can reach 25% in some states. The Insurance Research Counsel also estimates that 15-17% of drivers nationally are uninsured.

Fortunately, Illinois requires uninsured/underinsured provisions.  An important caveat is that uninsured/underinsured generally only covers bodily injury and not property damage.

The Law Offices of Adam J. Zayed, P.C.  are dedicated to fighting for victim's rights.  For representation throughout the Chicago area, please contact one of our attorneys at 888-337-0023. 

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.