Legal Archives From 2010

Nicholas J. Motherway spoke at the seminar on the new Illinois Rules of Evidence presented by the Illinois Trial Lawyers Association on Dec. 4, 2010, at the Westin Chicago.  Mr. Motherway presented a review on the law related to the admissibility of testimony of expert witnesses.  A copy of his lecture materials is attached.  … Read More

  A distributor of racecar seats that are sold and marketed for regular passenger vehicles has paid the lion’s share of a $6.3 million settlement reached in the case of a woman who was rendered a quadriplegic.   The lawsuit stemmed from an accident that occurred on May 15, 2005, when Dalia Perez, then 19,… Read More

Nick Motherway and Bob Napleton have both been conferred the “Top One Hundred Trial Lawyers” award by the American Trial Lawyers Association, a national group of prominent attorneys dedicated to the art of jury trial advocacy. The partners said they were proud to have received this recognition and were grateful to their clients whose confidence… Read More

It is the failure to do something the reasonably careful person would do or the doing of something the reasonably careful person would not do under the same or similar circumstances.

It is negligence by a healthcare professional. In most cases the claim must be proven by expert testimony. The expert must establish that the standard of care was not met, meaning that the defendant did not do what the reasonably competent healthcare professional would have done under the same or similar circumstances.

Yes. Generally, persons or corporations are only liable for an injury or death if they are negligent. They are also liable if they have higher degree of fault called willful and wanton conduct, such as drunk driving or other high risk behavior. Sellers of dangerous products can be strictly liable even if they acted in… Read More

No. Actions must “proximately cause” the injury or damages. A negligent driver who almost hits you owes nothing. The surgeon who operates while under the influence of drugs owes nothing if he did a perfect job. Such hypotheticals aside, negligence usually causes harm.

Generally it is that cause which in natural or probable sequence produce the injury complained of. It need not be the only cause or last or nearest cause. An experienced lawyer can determine whether negligence proximately caused an injury. Causation is often an issue in cases of medical malpractice, including birth injuries such as cerebral… Read More

It is a formal legal document filed with a court, setting forth the reasons whoever is sued owes money damages. The language has to meet all the requirements of law or the lawsuit will be dismissed. It must be formally served on the defendant, who then must answer, admitting or denying what is charged.

Yes. If your injury claim has merit, you’re entitled to compensation for the pain and suffering your injury caused you.

It is a legal deadline to file a lawsuit. It must be met or the injury claim is barred. Generally, in Illinois, in a personal injury case, the statute of limitations is two years for adults. It is only one year for claims against a government agency or a tavern. It is a longer period… Read More

The injured person, known as the plaintiff, has the burden of proving his or her case by a preponderance of the evidence. It must be shown that the elements of a case are more probably true than not true. This is sometimes referred to as the 51% rule, i.e., there’s a 51% or better probability… Read More

No. Work injuries are covered exclusively under workman’s compensation laws and generally cover work related injuries regardless of who is at fault. There’s a limit on the amount that can be awarded. A jury trial is not allowed. Awards are made by arbitrators who apply predetermined legal formulas to decide the amount of the award.… Read More

There are none in Illinois. Insurance companies and other corporate groups have tried to limit damage awards, but such laws have been repeatedly declared unconstitutional.

The next-of-kin can sue for wrongful death. In Illinois, the next-of-kin are the surviving spouse and any children. If there are none, then the parents and any siblings are the next-of-kin. In addition to any economic loss, the next-of-kin can sue for grief and/or the loss of society, love and companionship of the decedent.

Lawsuits can seek to recover the reasonable cost of medical care even if some or all of the bills are covered by health insurance, but there is usually an obligation to reimburse some or all of the amounts paid by insurance companies and/or Medicare.  Generally, insurance companies are not entitled to full reimbursement although they… Read More

On March 11, 2010 Judge William Maddux approved a 6 million dollar settlement on behalf of an 11 year old girl who suffered from cerebral palsy due to the defendant MacNeal Hospital’s failure to properly monitor the augmentation of labor with Pitocin.  As a result, the baby was deprived of oxygen during the mother’s excessive… Read More

On January 27, 2010 Judge William Maddux approved a 1.35 million dollar settlement agreed upon prior to a lawsuit being filed for the death of a six day old boy whose death was caused by the failure of the residents and nursing staff of Rush Medical Center to properly monitor the fetal heart rate causing… Read More

There are more than 85,000 licensed attorneys in Illinois.  In a recent state-wide survey published in Leading Lawyers Network Magazine, partners Nick Motherway and Bob Napleton were named as among the top 100 consumer lawyers in the state.

When a three month old baby girl was being prepped for a heart test at Christ Hospital in Oak Lawn, Illinois, she was covered by an electric heating pad which burned her right foot.  Multiple skin grafts were needed to treat the burn, resulting in a settlement achieved by Nicholas J. Motherway in the sum… Read More