Author: Jennifer Gulbrandsen

This article is for informational purposes only, and does not constitute legal advice.

If you have been injured in a bicycle accident in Illinois, it is important to take certain steps in order to protect your legal rights and ensure that you receive the compensation you are entitled to for your injuries.

First and foremost, seek medical attention as soon as possible. Even if you do not think your injuries are serious, it is important to be evaluated by a medical professional to ensure that there are no hidden injuries that may manifest later. Additionally, seeking medical attention will create a record of your injuries, which can be important evidence in any legal proceedings related to the accident.

Once you have received medical attention, it is important to document the accident as thoroughly as possible. This includes taking photographs of the accident scene, any damage to your bicycle or other property, and your injuries. If there were any witnesses to the accident, be sure to obtain their contact information, as their testimony may be helpful in establishing liability.

Next, report the accident to the police. In Illinois, any accident involving injury or property damage in excess of $1,500 must be reported to law enforcement. The police will investigate the accident and create a report documenting their findings. This report can be important evidence in any legal proceedings related to the accident.

After reporting the accident to the police, it is important to contact an experienced personal injury attorney as soon as possible. The personal injury attorneys at The Law Offices of Parente & Norem P.C., can advise you on your legal rights and help you navigate the complexities of the legal system. Additionally, an attorney can help you gather and preserve evidence, negotiate with insurance companies, and represent you in court if necessary.

In Illinois, the law allows injured parties to seek compensation for their injuries through a personal injury lawsuit or an insurance claim. In either case, it is important to establish liability for the accident in order to recover damages. Liability can be established in a number of ways, including by showing that the driver of a motor vehicle was negligent or that a defective road or bicycle was a contributing factor in the accident.

If the accident was caused by a driver of a motor vehicle, the injured party may be able to recover damages from the driver’s insurance company. Illinois law requires all drivers to carry a minimum amount of liability insurance, which provides coverage for injuries and damages caused by the driver. An experienced personal injury attorney can help injured parties negotiate with insurance companies to ensure that they receive the compensation they are entitled to under the law.

If the accident was caused by a defective road or bicycle, the injured party may be able to recover damages from the municipality or the manufacturer of the bicycle. In such cases, it is important to work with an attorney who has experience in product liability or premises liability law in order to establish liability and recover damages.

In addition to compensation for medical expenses and property damage, injured parties may also be entitled to compensation for lost wages, pain and suffering, and other damages related to the accident. Our attorneys at The Law Offices of Parente & Norem, P.C. can help injured parties determine what damages they are entitled to and negotiate with insurance companies or represent them in court to recover those damages.

In order to ensure that injured parties receive the compensation they are entitled to, it is important to act quickly and seek the advice of an experienced personal injury attorney as soon as possible after the accident. The sooner our attorneys can begin working on a case, the better the chances of a successful outcome.

In conclusion, if you have been injured in a bicycle accident in Illinois, it is important to seek medical attention, document the accident, report it to the police, and contact an experienced personal injury attorney as soon as possible. By taking these steps, injured parties can protect their legal rights and ensure that they receive the compensation they are entitled to for their injuries.

If you have been involved in a bicycle accident and would like to speak with one of our personal injury attorneys, call The Law Offices of Parente & Norem, P.C. today at 312.641.5926 or fill out a contact form here on our website. 

This article is for informational purposes only, and does not constitute legal advice. 

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that can be filed by the family members of a person who has been killed due to the negligence or misconduct of another party. A wrongful death claim allows families to recover compensation for their loss, including:

• Medical expenses and burial costs
• Loss of income due to the deceased’s death
• Pain and suffering endured by surviving family members

Who Can File a Wrongful Death Lawsuit?

If you are the personal representative of your loved one’s estate, then you have the right to file a wrongful death lawsuit. A personal representative is someone who has been appointed by the court to handle all of the affairs of an estate when there is no will or trust in place. This person usually takes on this responsibility because he or she was named as such in their loved one’s last will and testament, but sometimes it happens if there was no formal document stating what should happen with their assets after they die (for example, if they died without leaving behind any heirs). In this case, whoever was responsible for filing paperwork with government agencies like Social Security would be considered a personal representative as well; however, it’s important to note that not every state allows non-family members such as friends or acquaintances from serving in this role so check local laws before proceeding further down this path!

The Benefits of Having an Attorney Represent You in a Wrongful Death Lawsuit

The benefits of having an attorney represent you in a wrongful death lawsuit are many. First, it’s important to note that these cases can be extremely complicated and difficult to navigate on your own. Your attorney will have experience with the legal process, which means they can help guide you through it as well as explain any steps along the way that may seem unclear or confusing. Additionally, having an experienced lawyer by your side gives you an advantage over other parties involved in the case because they will know what evidence needs to be presented in order for their claim to succeed – something that might not come up during initial meetings with other parties’ lawyers/representatives (or even yours).

Finally, having someone who knows how best handle all aspects of litigation means that they’ll be able to ensure everything goes smoothly from start until finish – including court appearances if necessary!

Types of Damages in a Wrongful Death Lawsuit

In a wrongful death lawsuit, the plaintiff can recover damages for loss of companionship and financial support. These are called compensatory damages. They include:

• Funeral expenses
• Medical bills related to the accident or illness that caused death (if those bills were paid by insurance)
• Loss of income from work or other activities that would have been performed by the deceased person if he/she had not died. This includes money lost during any period when you were unable to work because of grief or mental anguish resulting from your loved one’s death.

There are other types of damages available in a wrongful death case as well; these include punitive damages and statutory damages (see below).

Preparing for a Wrongful Death Lawsuit

If you have lost a loved one due to the negligence or recklessness of another party, it is important to understand what steps you should take in order for your case to be successful.

A wrongful death lawsuit is a civil action brought against someone who has caused the death of another person through their actions or inaction. The goal of these lawsuits is not only compensation for medical bills and funeral costs, but also to punish those responsible for causing the harm in question. This can help prevent similar tragedies from occurring again in the future by deterring others from engaging in similar behavior.

The first thing that any potential plaintiff needs before filing suit is evidence: photos showing how close together two cars were when they collided; videos taken by bystanders showing how quickly one driver was driving before hitting another vehicle; police reports detailing what happened when an officer arrived at scene after hearing about an accident on his radio scanner (and so forth). This kind of information will help attorneys determine whether there’s enough evidence against defendants’ legal defenses such as contributory negligence (when both parties share responsibility) or comparative negligence (when one party bears more responsibility than another).

How to Choose an Attorney for a Wrongful Death Lawsuit

Choosing a lawyer for your wrongful death case is an important decision. There are several things you can do to make sure you choose the right attorney for your needs and circumstances:

Researching attorneys is key when choosing an attorney for a wrongful death lawsuit, as it will give you insight into their experience and reputation. You should look at their websites and social media accounts to see what kind of work they have done in the past, as well as how much experience they have with cases similar to yours. It’s also helpful if they have been featured in any newspapers or magazines that cover legal issues, because this shows that there is public interest in what they do!

Scheduling consultations with potential attorneys will allow both parties (the client and attorney) time together so that each party knows exactly what type of service will be provided by one another before signing any contracts/agreements. Interviewing attorneys before hiring them helps ensure both sides know exactly what kind of services will be provided by one another after signing contracts/agreements.

Common Mistakes to Avoid in a Wrongful Death Lawsuit

There are a number of common mistakes that people make when trying to file a wrongful death lawsuit. The most important thing to remember is that you should hire an experienced attorney who can help you navigate the legal system and ensure your case has the best chance of success.

Here are some other things you should avoid:

Failing to gather evidence in a timely manner. If someone else’s negligence caused your loved one’s death, they may try to argue that they were not at fault because there wasn’t enough time between the incident and their death for them to file suit against them (this is called ‘statute of limitations’). Make sure that all relevant evidence is gathered as soon as possible after becoming aware of what happened–this includes photos or video footage from witnesses; medical records showing injuries sustained during an accident; police reports filed by officers who responded at accident scenes; written statements made by witnesses who saw what happened before or after accidents occurred…the list goes on!

The Cost of a Wrongful Death Lawsuit

The cost of a wrongful death lawsuit can vary greatly, depending on the circumstances surrounding your case. Attorney fees and court costs are typically the largest expenses that you will incur during litigation, but there may also be other associated expenses such as medical records, expert witness testimony and depositions.

The amount of money awarded for damages in a wrongful death lawsuit depends on several factors including:

• The nature of the negligence or wrongdoing (was it reckless? intentional?)
• The age of your loved one at time of death; if they were young children or elderly adults who had lived full lives already, then their loss will be felt more acutely than someone who had not yet reached middle age when they died.

The Outcome of a Wrongful Death Lawsuit

The outcome of a wrongful death lawsuit is dependent on the facts of your case and the law in your state. The most common result is a settlement, where both parties agree to resolve their dispute without going to trial. If you do not reach an agreement with the defendant before trial, then your case will go before a jury who will decide whether or not they believe that you have proven all elements necessary for recovery under your claim. If they do find in favor of you, they can award damages based on those findings.

If there is no settlement and instead judgment is entered against the defendant(s), this means that there was no dispute between them over liability (i.e., whether or not there was negligence) but rather only over how much compensation should be paid out by each party involved in causing harm or loss due to negligence (or other wrongful conduct).

Conclusion

If you or a loved one has been injured in an accident, it’s important to know your rights. If you’ve lost someone to wrongful death, it’s even more critical that you understand how the process works and what steps need to be taken.

If you’re looking for more information on wrongful death lawsuits and how they work, please contact The Law Offices of Parente and Norem today at 312.641.5926, or fill out the contact form here on our website. We’re here 24/7!

The Law Offices of Parente & Norem, P.C. is proud to congratulate Christopher M. Norem, Dennis M. Lynch, and Joseph D. Parente for achieving the highest settlement in the $11M category as published in the December 2022 edition of Jury Verdict Reporter. Way to go, team! 

 $6.785M settlement (plus the complete waiver of a $269K worker’s comp. lien) in the matter of Juan Hernandez Aguilar v. Kinzie Builders, LLC, et al. (2018 L 010486) pending in Cook County, IL before the Honorable Judge Jerry A. Esrig.

This matter settled late Friday afternoon (10/28) following motions in limine,  which occurred earlier in the week.  Jury selection was scheduled to begin Monday, 10/31/22.

Juan Hernandez Aguilar is a 41 year-old bricklayer foreman working for Third-Party Defendant, Hill Masonry, Inc. in Lake County, Illinois on a large town home and apartment project known as “Deer Park Crossing.” The General Contractor on the project was Kinzie Builders, LLC and the Carpentry Subcontractor on the project was Horizon Carpentry, Inc.

On January 26, 2018, Juan and his crew were assigned to work on  a building that was in need of a masonry repair in the garage area on the ground floor.  While he and his crew were working on the repair, a 70lb sheet of plywood fell out of a second story window of the building striking him on the top of his head and fracturing his C6 vertebrae requiring a C5-C7 double level fusion surgery with plates.  After 10 months of rehabilitation Juan returned to his position as a foreman bricklayer for Hill Masonry in a “Medium” job capacity.  His employer accommodates his permanent restrictions.

The plywood was brought onto the job site by the Carpentry Subcontractor, Horizon Carpentry, and left sticking out of the second story window for several days prior to the event.  The General Contractor, Kinzie recognized the unsafe condition presented by the plywood the day before the event and ordered the carpenters to remove it but they did not do so prior to high winds displacing one of the sheets causing it to fall onto Juan.

On October 1, 2021, Judge Esrig granted plaintiff’s motion for leave to plead punitive damages against Defendant Horizon Carpentry based on their reckless disregard for safety on the job site.  That order is attached.

Plaintiff did not seek medical bills or wage loss as part of his damages in this case.

The $6.785M settlement was apportioned $4,642,500.00 on behalf of Horizon Carpentry and $2,142,500.00 on behalf of Kinzie Builders.

The plaintiff was represented by:

1. Christopher M. Norem
2. Dennis Lynch
3. Joseph D. Parente, all of The Law Offices of Parente & Norem, PC

Parente & Norem trial attorney, Dennis Lynch, has been published in this month’s Illinois State Bar Association Tort Trends newsletter. The article, ‘Confusing Duty and Breach of Duty in Motion Practice’ highlights differences between the two and how they are often conflated and confused in practice. 

Congratulations to Dennis on his publication! To learn more about Dennis Lynch and to contact him for a free case evaluation click here.

$6,000,000 settlement for carpenter after offer is increased by $2,000,000 

following opening statements

A Cook County construction negligence case has settled for $6,000,000 mid-trial.

Joshua Rominski was a Local 13 Union Carpenter when he was injured on the job on February 9, 2016.  Rominski was working for Service Drywall and Decorating doing rough carpentry during construction of an addition to the Mather Place retirement home in Wilmette, Illinois.  W.E. O’Neill was the general contractor for the project.  

As part of the project, a temporary scaffold staircase was constructed to allow each worker to access the site.  Rominski alleged that on the morning of February 9, 2016, after using the stairs several times, he slipped on snow and ice and fell down several steps, injuring his back.  Weather reports showed there was minimal snow that morning – .04 of an inch – and Rominski’s foreman and coworkers could not recall there being snow or ice on the stairs.  Accident reports filled out later that day indicated there was ice and snow.  

Plaintiff claimed that any ice or snow on the stairs violated OSHA’s scaffolding rules.  They further claimed that W.E. O’Neill was short staffed on the day of the accident – its site safety supervisor has left W.E. O’Neill and had not been replaced, the labor foreman was sent to another jobsite that day, and the project manager did not come to work until later in the day.   One W.E. O’Neil laborer testified that he would have gotten to work early and cleared any snow and ice from the stairs before any subcontractors started working. 

As a result of his fall, Rominski had an L5-S1 fusion and was unable to return to work as a union carpenter.  However, W.E. O’Neil claimed Rominski was able to work at the medium demand level, which was all that Service Drywall’s job description required.  Rominski’s father and grandfather were union carpenters, and his inability to return to that job had a profound impact on him.    

The case was twice mediated before Judge William Gomolinski of ADR Systems.  Prior to opening statements, W.E. O’Neill offered $4,000,000.  After opening statements, W.E. O’Neil offered $6,000,000, which was accepted by Rominski.  Additionally, Service Drywall agreed to reduce its workers’ compensation lien by half.  Judge Israel Desierto presided over the trial.

Rominski was represented by Matthew Coleman, Dennis Lynch and Taylor Matichak of Parente & Norem.  

Attorney Matt Coleman also represented Rominski in his workers’ compensation case.  In that case, the Workers’ Compensation Commission Arbitrator denied the claim – finding that Rominski only suffered a back strain and could return to work.  The Workers’ Compensation Commission reversed the arbitrator and awarded benefits.  This decision was recently affirmed by the Appellate Court.  Service Drywall and Decorating v. Illinois Workers’ Compensation Commission, 2022 IL App (1st) 210965WC-U (4/22/22).  As a result of the Arbitrator’s ruling denying the claim, Rominski went without pay or medical benefits for over 5 years.  

W.E. O’Neil was represented by Katherine Crouch and Howard Trafman of Lindsey, Picket and Postel.

Service Drywall and Decorating was represented by Brad Smith of Keefe, Campbell, Biery.  

Matthew J. Coleman is a partner and head of the Work Injury Department at The Law Offices of Parente & Norem. Before law school, he worked on the southside as a special education teacher in the Chicago Public Schools. Matt taught children and young adults with a variety of moderate to severe physical and developmental disabilities. He witnessed first-hand the daily challenges that face a person with a disability. “It’s in the little things – washing your hair. . .putting a seatbelt on. . .the little things we take for granted.”

Matthew also regularly travels the state to meet and educate union workers as to their rights under the Illinois Workers Compensation Act.  He has also a frequent collaborator with the Illinois Trial Lawyer’s Association.  In November of ’20 he was invited as a guest lecturer regarding changes in work injury law.

Matthew has represented members of Teamsters Unions, Carpenters Unions, LiUNA, AFSCME, IAM , Pipefitters Union, Roofers Union, Fraternal Order of Police, and local Firefighters Unions,  in their claims before the Illinois Workers’ Compensation Commission.  He routinely tries cases before Arbitrators and has successfully argued before the Commission, Circuit Courts, and the Illinois Appellate Court.  Matthew will also handle any “third party” action in State or Federal court when the work injury is caused by the carelessness of others.  This includes cases involving motor vehicle and truck wrecks, construction negligence, products liability, and unsafe conditions on a premises. 

Matthew lives on the southside with his wife and three children.  He has a young daughter with a cerebral palsy diagnosis.  This affects her ability to crawl, sit, walk, and use one of her arms.  She works hard in physical therapy and attends the Center for Independence Through Conductive Education.  Matt is actively involved with the Center and is most passionate about educating others about cerebral palsy and children with differences.  His family also sponsors the training of a puppy for the Guide Dogs of America.

For more information on Matthew J. Coleman and the rest of the team at The Law Offices of Parente & Norem, click here. 

Attorney Dennis M. Lynch has received multi-million dollar and record setting verdicts and settlements on behalf of injury victims throughout Illinois, and has also represented individuals nationwide, including cases filed in Indiana, Kentucky, Colorado, and Michigan. He has also represented numerous union flight attendants who reside nationwide and overseas concerning on the job injuries.

His cases have been brought against the largest corporations and insurance companies in the world and have involved all areas of personal injury litigation, including interstate trucking, insurance bad faith, products liability, workers’ compensation, nursing home litigation, and medical malpractice.

Since 2015, Dennis Lynch has helped teach the Construction Law class at Loyola University Chicago School of Law. Dennis was also invited to speak at his alma mater, Lewis University, on how you can apply your History degree in today’s world. 

Dennis was named one of the Chicago Daily Law Bulletin’s 40 Illinois attorneys under 40 to watch in 2021. For more information on Dennis Lynch and our Parente & Norem team, click here. 

The Law Offices of Parente & Norem, P.C. is proud to announce that Matthew J. Coleman and Taylor R.  Matichak from the firm’s Work Injury department have been invited to contribute to the Illinois Trial Lawyer Association’s  Trial Journal Magazine.  The publication offers current legal trends and tips and is circulated statewide to plaintiff’s injury attorneys.  This will be Matthew Coleman’s second feature article.   

Matthew J. Coleman and Taylor R. Matichak were also selected to contribute to the Illinois Trial Lawyer Association’s Workers’ Compensation Trial Notebook.  The publication is widely considered to be the most comprehensive worker’s compensation educational material within the state.  The Chapter is titled “Vocational and Physical Rehabilitation.”

For more information on Parente & Norem’s  experienced trial attorneys, click here.