There is a relatively well kept secret in the United States regarding the law of personal injury. The secret is: trial lawyers, personal injury lawyers, and consumer lawyers are among the most important advocates for the safety and well being of the general public.
Every so often a tort reform bill or referendum comes before lawmakers. The arguments in favor of tort reform generally reflect the idea that settlements and verdicts relating to accidents, personal injuries, and medical malpractice increase the cost to the rest of society. This argument is used to persuade people across the United States that there should be caps on law suits for personal injuries.
The arguments in favor of placing caps on settlements and jury verdicts are largely an illusion sprung on the public by lobbyists for insurance companies. The simple fact is that caps on personal injury lawsuits benefit one group above all others: insurance companies. Insurance companies operate like any other business--their eyes are set on the profit margin. Insurance companies want premiums, they want your business, they do not want to pay out for claims.
Insurance companies spend billions of dollars each year in an attempt to sway public sentiment, to confuse the issues involved. However, the current healthcare/insurance system does not provide enough oversight and regulation of the injuries suffered by individuals. Caps on tort claims would significantly lower oversight of treatment afforded individuals--from tests performed by doctors related to injuries to treatment by insurance companies.
The role played by attorneys is that of an advocate. Attorneys facilitate the interests of the public and provide representation to those who cannot stand on their own two feet, literally and figuratively. Attorneys ensure that insurance companies pay the full value of a claim and fight so that people have a chance to recover from their injuries in a meaningful way. Attorneys protect against the tyranny of insurance companies. Insurance companies want attorneys out of the picture.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are dedicated to ensuring that the rights of all of our clients are protected.
Tuesday, July 13, 2010
Tuesday, June 29, 2010
Chicago truck accidents are far more likely to lead to catastrophic injury
Everyone avoids trucks on roads and highways. People instinctively avoid being behind trucks and avoid driving next to trucks. This is at least partially because of the sheer size of trucks. We live in the year 2010, but our society still relies upon trucks to transport goods. Unfortunately, truck accidents are far more likely to lead to catastrophic injury and even wrongful death because of their weight, size, and lack of maneuverability.
The trucking industry is the leading transporter of goods, well above train. However, trucks are also statistically the most dangerous vehicles on the road.
When truck accidents occur, it is very likely that a representative from the trucking company will be sent to the location of the accident. It is absolutely essential that people involved in truck accidents retain an truck accident attorney to fight for their rights.
The Law Offices of Adam J. Zayed, P.C. provides truck accident representation throughout Illinois including but not limited to the following counties: Cook County, DuPage County, Kane County, Will County, McHenry County, Kendall County and Lake County.
The trucking industry is the leading transporter of goods, well above train. However, trucks are also statistically the most dangerous vehicles on the road.
When truck accidents occur, it is very likely that a representative from the trucking company will be sent to the location of the accident. It is absolutely essential that people involved in truck accidents retain an truck accident attorney to fight for their rights.
The Law Offices of Adam J. Zayed, P.C. provides truck accident representation throughout Illinois including but not limited to the following counties: Cook County, DuPage County, Kane County, Will County, McHenry County, Kendall County and Lake County.
Monday, June 21, 2010
About Medical Malpractice and an explanation of why it is alright to pursue a remedy if you have been wronged.
We place a huge amount of trust in our doctors. When everything goes smoothly, we praise our doctors. When something goes wrong with treatment from a doctor, it is common to feel alienated and lost. The solution to this problem may not be immediately apparent. In the event of medical malpractice, it is important to solicit the expertise of a medical malpractice attorney in order to protect your rights.
Medical malpractice occurs when a doctor or healthcare provider fails to do something that a reasonably careful doctor or healthcare provider would do. Medical malpractice also occurs when a doctor or healthcare provider does something that a reasonably careful doctor or healthcare provider would not do.
We trust that we will receive the best treatment possible from our doctors. But it is an unfortunate certainty that not everyone gets the treatment they deserve. For this reason, a case of medical malpractice can be very unsettling. A medical malpractice lawyer will take the steps necessary to determine whether a doctor has committed medical malpractice by not complying with the requisite standard of care.
Medical malpractice goes beyond mistake or a bad result, medical malpractice is a serious deviation from what is reasonable. However, it is not always absolutely clear when medical malpractice has occurred. Patients are at a significant disadvantage in the event of medical malpractice. Patients simply do not have the medical expertise to analyze their situation. Patients may not even know all the facts.
If you suspect that you or a loved one has suffered from medical malpractice or some form of negligence on the part of a healthcare provider, it is crucial that you contact a Chicago medical malpractice lawyer at Law Offices of Adam J. Zayed, P.C.
Medical malpractice occurs when a doctor or healthcare provider fails to do something that a reasonably careful doctor or healthcare provider would do. Medical malpractice also occurs when a doctor or healthcare provider does something that a reasonably careful doctor or healthcare provider would not do.
We trust that we will receive the best treatment possible from our doctors. But it is an unfortunate certainty that not everyone gets the treatment they deserve. For this reason, a case of medical malpractice can be very unsettling. A medical malpractice lawyer will take the steps necessary to determine whether a doctor has committed medical malpractice by not complying with the requisite standard of care.
Medical malpractice goes beyond mistake or a bad result, medical malpractice is a serious deviation from what is reasonable. However, it is not always absolutely clear when medical malpractice has occurred. Patients are at a significant disadvantage in the event of medical malpractice. Patients simply do not have the medical expertise to analyze their situation. Patients may not even know all the facts.
If you suspect that you or a loved one has suffered from medical malpractice or some form of negligence on the part of a healthcare provider, it is crucial that you contact a Chicago medical malpractice lawyer at Law Offices of Adam J. Zayed, P.C.
Tuesday, June 15, 2010
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
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.
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.
Wednesday, June 9, 2010
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:
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.
Some of the factors that go into showing how a person has had their earning capacity diminished by an injury include:
- the physical and mental capacities, before and after the injury;
- preexisting physical or mental conditions;
- educational background and/or training;
- type of career;
- career potential;
- ambition to enter into a career as long as the ambition has a reasonable chance of coming to fruition;
- 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.
Tuesday, May 25, 2010
Lien Frustration
The concept of a "lien" is by its very nature difficult to comprehend. What's more is that people suffering from personal injuries are generally not in a position to tackle the complexities of Illinois lien laws. Hopefully this post will provide some insight into the often confusing territory of liens involved in personal injury cases.
According to Blacks Law Dictionary a Lien is: "a legal right or interest that a creditor has in another's property, lasting usually until a debt or duty that it secures is satisfied." In the personal injury context, liens attach to an individuals personal injury claim and the expected recovery.
One of the most common types of liens involved in personal injury cases are health care provider liens. A valid health care provider lien is created when medical services are rendered and notice is served. The lien subsequently attaches to any verdict, judgment or settlement reached stemming from the cause of action. In other words, your heath care provider will get a portion of your personal injury recovery.
It is important to note that the total amount of all health care provider liens cannot exceed 40% of the verdict, judgment or settlment stemming from the cause of action.
Aside from health care provider liens there are numerous other types of liens, including, but not limited to:
Incurring a personal injury can be a devastating event. In addition to the physical ramifications of a personal injury, numerous other factors create stress and inconvenience. In the unfortunate event of a personal injury, I suggest you contact a personal injury attorney. Nevertheless, hopefully the information contained in this post will help alleviate some of the stress you might feel when you receive notice of a lien relating to your personal injury.
According to Blacks Law Dictionary a Lien is: "a legal right or interest that a creditor has in another's property, lasting usually until a debt or duty that it secures is satisfied." In the personal injury context, liens attach to an individuals personal injury claim and the expected recovery.
One of the most common types of liens involved in personal injury cases are health care provider liens. A valid health care provider lien is created when medical services are rendered and notice is served. The lien subsequently attaches to any verdict, judgment or settlement reached stemming from the cause of action. In other words, your heath care provider will get a portion of your personal injury recovery.
It is important to note that the total amount of all health care provider liens cannot exceed 40% of the verdict, judgment or settlment stemming from the cause of action.
Aside from health care provider liens there are numerous other types of liens, including, but not limited to:
- Medicare liens
- Workers' Compensation Liens
- Illinois Department of Healthcare and Family Services Liens
- Attorneys Liens
Incurring a personal injury can be a devastating event. In addition to the physical ramifications of a personal injury, numerous other factors create stress and inconvenience. In the unfortunate event of a personal injury, I suggest you contact a personal injury attorney. Nevertheless, hopefully the information contained in this post will help alleviate some of the stress you might feel when you receive notice of a lien relating to your personal injury.
Tuesday, May 11, 2010
Wrongful Death Actions and CREDITORS
I was recently asked about one of the nuances of the Wrongful Death Act. The situation was as follows: The decedent had a significant amount of debt, and the family wanted to bring a wrongful death claim. The question was: would the decedent's creditors have a right to recover under the Wrongful Death Act?
The Illinois Wrongful Death Act states:
Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony
As I have stated in previous posts, the Wrongful Death Act is a statutory creation that provides the surviving spouse and next of kin with a right to recover for the loss of the decedent. Section 2 of the Wrongful Death Act states: "the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person."
A. This means that any recovery is not treated as part of the estate of the deceased; and
B. This means that the decedent's creditors cannot touch any amounts recovered in a Wrongful Death action.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are experts in recovering the compensation families are entitled to in the event of a catastrophic injury or wrongful death.
The Illinois Wrongful Death Act states:
Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony
As I have stated in previous posts, the Wrongful Death Act is a statutory creation that provides the surviving spouse and next of kin with a right to recover for the loss of the decedent. Section 2 of the Wrongful Death Act states: "the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person."
A. This means that any recovery is not treated as part of the estate of the deceased; and
B. This means that the decedent's creditors cannot touch any amounts recovered in a Wrongful Death action.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are experts in recovering the compensation families are entitled to in the event of a catastrophic injury or wrongful death.
Subscribe to:
Posts (Atom)