Articles Posted in Personal Injury

Rosenfeld Injury Lawyers LLC is pleased to announce the winners of our 2016 Single Mothers Scholarship program. Each year we offer two scholarships to single mothers. While we received many entries from students across the country, the women below exemplify what it means to be a caring mother striving to improve life for themselves and their children.

Undergraduate Scholarship Award Winner

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Destini Shuemaker and daughters

Congratulations to Destini Shuemaker, mother of two, who is enrolled at Clark College in Vancouver, Washington. Destini is working towards a BSN in nursing. Read about Destini’s journey here.
 
 
 
 
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Homeowners Insurance and the AdvantagesThe legal battle between Bill Cosby and numerous women who have claimed he sexually assaulted them has highlighted one very important and overlooked advantage of homeowners’ insurance. Cosby has elected to use defamation coverage included in his policies to require his insurance provider to shoulder the cost of his legal expenses and— should he lose in court— the cost of any judgements against him. His insurance company is visibly upset with this development and taking action in an attempt to exonerate itself of liability, but the debacle has revealed an aspect of homeowners’ insurance that many policyholders are unaware of.

How Homeowners’ Insurance can be used to Cover Legal Expenses

The women who are currently taking action against Bill Cosby have claimed he defamed them by calling their allegations of his past conduct fabrications. He has used the nature of these lawsuits to his advantage by requiring his insurer, American International Group, to cover the cost of his legal defense. He can do this because the policies he maintains on his homes in California and Massachusetts include liability in the event of a defamation lawsuit. Many wealthy individuals elect to include this coverage when purchasing insurance— and many others are completely unaware that this coverage is included in their policies.

Michelle J Case

Court of Appeals Courtroom in Pioneer Courthouse

While most of the theatrics in a case goes on between lawyers and the jury, much of the real drama takes place on paper between lawyers and judges. There they try and convince the court that certain people or things should be excluded from the trial and away from the ears of the jury. This extends to expert witnesses-who should qualify as one and what they should be allowed to say. Many states and federal courts follow the Daubert standard to determine these issues. Under this test, the court tries to establish if the basis for the supposed witness’ testimony has a scientific foundation and uses several factors in this analysis, including the following: the ability to test the theories proffered, extent of peer review, potential errors, existing standards, and acceptance in the relevant medical community.

On the other hand, Illinois and a few other states use the Frye standard to decide these crucial, threshold questions in court. This asks if the manner in which the evidence that the testimony purports to submit was obtained via a method that is generally accepted in the relevant field. Thus, the Frye standard is critical to a lot of Illinois litigation but related, tangential questions emerge from this regime as well. One topic that continues to trickle to the surface of the Illinois legal landscape is the quality and kind of expert testimony needed to commit a person to a mental health facility. A review of one case discussing a facet of that topic now follows.

Long Island RailroadThe scene is a loud and bustling railroad station on East Long Island almost one hundred years ago. Dozens of people are shuffling about to get to work and countless other places.

A whistle blows, an engine begins to gather steam, and the nearest train starts to crawl down the tracks away from the station. When out of nowhere, a man darts out of a throng of people and races towards the departing locomotive. Onlookers soon realize that he probably will not make it in time.

So, two guards-one on the train and one on the platform-rush to his aid. With all their might, they grab him and together try to launch him up onto the vehicle. Maybe they noticed, or maybe they did not, but under the man’s arm was a nondescript package wrapped in the morning’s newspaper.

Small Town Wisconsin Legal Arena

Little red schoolhouse in meadow on misty morning

The Biggest Case from Wisconsin: When Can an Injured Person Assert a Claim for Recovery From His Injuries

Who would have thought that the small town of Waukesha, Wisconsin would be the setting for one of the most heavily discussed incidents in law schools for over one hundred years? In 1891, this was the scene for a common schoolboy scruff that turned contentious, and then turned historical. On a regular school day, George Putney and Andrew Vosburg attended class as they normally would. They had lunch, went to recess, then returned for the rest of their lessons and that is where the drama took place. For no apparent reason, Putnam-who was sitting just adjacent to Vosburg-reached across the aisle and kicked his fellow classmate in the leg, just below the knee on the shin. Later, Putnam would claim that he did not mean to harm Vosburg.

The McDonald's Coffee Cup Case

Introduction to an Infamous Personal Injury Lawsuit Controversy:

A normal woman in a small town drives up to a McDonald’s and orders a cup of coffee. The rest is history. In the weeks and months to follow this encounter, great controversy would swirl around this woman and her latte. Television shows, pundits, and politicians across the country debated the matter vigorously. A documentary was even produced depicting the incident (called Hot Coffee). Yet, what actually happened?

On February 27, 1992, Stella Liebeck, 79 years old, pulled into the drive-through of a McDonald’s restaurant in Albuquerque, New Mexico and ordered a cup of coffee. It only cost her 49 cents but it serving her that drink would cost the restaurant a lot more than that when it was all said and done. Stella was not actually driving; her grandson, Chris, was driving his 1989 Ford Probe.

Politely, Chris pulled into a parking space so that his grandmother could add cream and sugar to her coffee. In the process, some of it spilled out of the cup and onto her groin, burning her butt and thighs. She was only wearing cotton pants and they did not effectively guard her from the high temperatures of the coffee (said to be over 180 °F).

Quickly, she was rushed to the hospital where doctors determined she had suffered third-degree burns on a small part of her body. She stayed at the hospital a little over a week where she received skin grafting. The incident left her with significant weight loss, permanent disfigurement, and disability for years to come.

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Getting the Most Money for your CaseIf you have been injured in an accident, you may be frustrated by all of the conflicting information you’ve received by insurance companies, television commercials and on the internet. It is easy for the victims of accidents to make mistakes that greatly reduce the amount of compensation they are able to claim and the recovery process can be extremely daunting when you know that every decision you make has an impact on the financial impact of your injuries.

The good news is that there are ways you can increase the value of your claim following an injury and to increase the likelihood of success if you file a lawsuit. The Rosenfeld Injury Lawyers LLC are happy to provide you with any information that you need following your injuries and can answer any additional questions that you have about personal injury cases throughout the Chicago area.

Initial Steps to Take Following an Accident

If you’ve been in an accident, it may be difficult for you to remember to do everything needed to protect your legal interests. Your primary concern should be your personal well being and the treatment of your injuries, but if you are able to do the following things or have someone do them on your behalf, you will protect your interests in the event that you choose to file a lawsuit against the party responsible for your accident.

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Five Factors That Will Help or Destroy Your Personal Injury CaseWhy Some Personal Injury Cases Are More Valuable Than Others

If you have been involved in an accident or injured in any way, one of the most pertinent questions on your mind may be that of what your case is worth and whether the pursuit of a lawsuit is in your best interest. Many victims are tempted to take the initial offers made by insurance companies because they are unaware of their rights or have no idea whether it is worth it to pursue additional compensation.

Regardless of whether you decide to retain legal representation following an injury, it is important to consult with an attorney for an initial evaluation of your case so that you are aware of your legal options. Should you file a lawsuit, the following factors may affect your claim and the amount of compensation that you receive.

Evidence of Liability

The most important aspect of your case is the ability to both determine who was liable for your injuries and then to prove that your injuries were the result of the at fault party’s actions. If you’ve been in an accident and the defendant’s insurance company feels that you lack the evidence necessary to prove liability, your claim may be denied. During the process of discovery, accident reconstruction experts as well as medical professionals can help recover evidence critical to your case which is why it is crucial that you speak with a qualified attorney sooner rather than later following an accident.

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2014-RIL-Single-Mother-Scholarship-WinnersRosenfeld Injury Lawyers LLC is pleased to announce the winners of the 2014 Single Mothers’ Scholarship to Brittany Redfern and Laurie Hucks. Our scholarship committee was impressed by the overall dedication of single mothers to pursuing their educational goals, while caring for their children, but these two women are true stand-outs for the way in which they are able to balance their academic workloads while caring for their children.

Below you will find these winning essays from Brittany and Laurie. Based on the positive responses we have received from school officials and students, we are please to announce that our scholarship program will continue for 2015 following similar parameters for this year. You can view the parameters for the upcoming scholarship here.

Thank you for all participants and best of luck in all endeavors!

Client Reviews

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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa