Illinois Personal Injury 101: The Burden of Proof
One of the most fundamental concepts in personal-injury law is the burden of proof. Technically, there isn’t just one burden of proof, but three: The burden of pleading refers to the requirement that a plaintiff must plead whatever it is he or she wants to prove in court. Otherwise, the court might not let him […]
Open-and-Obvious Rule Bars Slip-and-Fall Claim in Illinois
In August, we wrote a post introducing premises liability in Illinois. Recently, the U.S. District Court for the Northern District of Illinois had the chance to apply the principles we described in that post to an actual case, Ochoa v. Menard. Here’s what happened, what the court decided, and what you can take from it. […]
Illinois Personal Injury 101: What is Cause of Action?
In May, we wrote a post asking whether an employer can fire an employee for making a workers’ compensation claim. In it, we explained that Illinois courts recognize a “cause of action” for retaliatory discharge. While it may be obvious from context what the phrase “cause of action” means, we thought it would be helpful […]
Healthcare-Associated Infections: Do They Signal Medical Malpractice?
According to the Illinois Department of Public Health (IDPH), healthcare-associated infections are among the top 10 causes of death in the United States. A healthcare-associated infection is an infection that a patient develops while undergoing medical care, whether in a clinic, hospital, nursing home, or other similar setting. This raises an important question: if you […]
What Are Punitive Damages and When Are You Entitled to Them?
Damages are an essential element of any personal injury lawsuit. Most personal injury cases focus on compensatory damages, which are designed to compensate the plaintiff for the injuries that the defendant caused. But occasionally, a personal injury plaintiff may be able to pursue both compensatory damages and what are known as punitive damages. Punitive damages […]