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What do credit reports, milk and photos all have in common? Companies in these realms have all recently been hit with class action settlements. If you’ve ever received an email or letter giving you notice of a class action settlement and been confused about your rights, you are not alone.Let’s first define a class-action lawsuit. It Is a civil lawsuit brought on by a group of people or businesses (the class) accusing the defendant of the same harmful or unlawful action. The biggest class-action settlement was in 1998 and required big tobacco companies to pay out more than $206 billion
Continue Reading Class Actions: What Are They? Why Should You Join One?

Earlier this year our staff shared their favorite children’s books for aspiring attorneys. We couldn’t leave out our book picks for the mature audience. The following are picks that any lawyer, law student, or individual who’s been consumed by a trial might enjoy. And with the holidays coming, these could make great gifts, too. The 48 Laws of Power – Robert Greene’s MANIFESTO is a master class on the power games that people play. Many books have been written in this realm, but none take such a cold, amoral, look at the struggle of power and influence as The 48 Laws of
Continue Reading Books To Make You a Better Lawyer

As summer winds down and kids head back to school, we want to share our favorite books for the littlest legal assistants in our lives.It was just a few years ago when we’d only have time to open legal textbooks. But life has evolved and now there is a gaggle of Breen Goril Law babies and kids, plus our many nieces and nephews. If you think we turn off the legal work when we get home, you are mistaken. One of our favorite ways to teach the kiddos in our lives about what we do, about being fair, and about
Continue Reading Our Favorite Book for the Littlest Legal Assistants!

The legal framework that governs our practice is not always reflective of the real world issues we navigate, and, as I’ve recently come to learn, such is the case with back injuries. Back pain is one of the most common types of pain that human beings suffer, so it’s no surprise that it is one of the most typical injuries that we assist clients with. It’s easy for the groupthink de jour to dictate the framework that we, our opponents, judges, and jurors understand back injuries. Such groupthink concepts include the fact that a true back injury is caused by a
Continue Reading The Messy Reality of Back Injuries

Answer:Even before the pandemic hit, the reality of litigation is that it is not a fast process. We lawyers have many one liners to neatly explain this and my personal favorite is that “the wheels of justice turn slowly.”  Litigation moves at a much more methodical pace than other economic activity that people are used to. The practical reasons for this can include uncooperative opponents, constraints of the judicial calendar, scheduling coordination, and the sometimes lengthy process of obtaining records and other important information from disinterested third parties. The overarching reason things are not as fast as people might be used
Continue Reading Question: How long is this going to take?

Answer:Because the legal world is complex, this most simple and important question requires a less-simple response. The framework used to determine how a settlement will be allocated is described below. The economics of the cases vary greatly, but as a general rule, there are a few buckets of entities that are entitled to a portion of the settlement funds. Everything left after the following groups are paid belongs to the client. Payment of Medical BillsIf your case is one based on medical care, you are entitled to the fair value of the bills for that medical care. Those bills need to
Continue Reading Question: How much money am I going to receive when this is all said and done?

Answer: Ultimately, for better or worse, we are trying to fit every civil case that we handle into an economic framework. Imperfect as it may be, the civil system is set up to provide money for individuals to reimburse them for the harms suffered, regardless of what the form that harm took in the first place. In a situation like property damage, this system works pretty well – an individual can be paid for the replacement or repair value of his or her property. In a situation where the harm is something awful, like death, it is much more difficult
Continue Reading Question: How much is my case worth?

Answer:It usually happens at a point in the case when a client is frustrated with a defendant’s unreasonably low offer. The client tells me that “we’ll just have to take them to court.” Enthusiastic as I may share in the sentiment, my response is usually something along the lines of explaining to a client that we already have ‘taken them to court.’ Of course, anyone not involved in the daily practice of law could be excused from missing this since so little of the substance of a case (prior to trial) actually occurs in court (especially these days). And clients are rarely
Continue Reading Question: Are we going to take them to court?

Answer:Trial is where all of the moving pieces of a case come together. The progress of a case may wax and wane slowly, particularly from a client’s perspective. However, a client’s level of involvement in the case cranks up considerably leading up to and during trial. So let’s talk about what trial looks like from a client’s perspective. Preparing to TestifyA common refrain in our office as we move through litigation is that we don’t ‘win’ a case at any isolated stage. Before a deposition, clients are often advised that they should not be thinking about trying to ‘win’ their case
Continue Reading Question: What should a client expect during a trial?

Answer:When something bad happens and it’s not your fault, you want to be made whole yesterday. If only the legal process worked so quickly. A better way to think about this question is a series of questions: What amount of money will provide fair compensation for the damages sustained? How likely is it that we are going to prevail at trial? How much would the defense have to offer such that accepting the certainty of that offer is more favorable than the delay and risk of moving forward with the case? What can yet happen during the course of litigation that might persuade a defendant
Continue Reading Question: When are we going to settle?

Illinois Wrongful Death Claims and ProbateWhat is a Wrongful Death Claim?If you have a close friend or family member who has recently passed away due to the wrongful actions of another, a wrongful death claim may be brought against the negligent party to recover an award of damages. The State of Illinois has instituted the Illinois Wrongful Death Act, 740 ILCS 180/1, which permits a cause of action against negligent or intentional acts that result in a person’s death. So, for instance, if a healthcare provider neglects the care of a person in their charge, they can be held
Continue Reading Wrongful Death – Getting Justice for a Lost Loved One

Thanksgiving is the number 1 day in the United States for home cooking fires. Unattended cooking is a leading cause; but some fires start because of the cooking equipment that is being used. Here are some tips to keep you safe and sound this season. As you begin to prep for the tastiest holiday, keep these tips in mind:-       Stay in your home while cooking your turkey-       Keep children away from stoves and ovens-       Be aware of steam and splashes caused by hot dishes-       Make sure your smoke alarms are working Even if you’ve taken precaution it could be the defective
Continue Reading Don't Be a Turkey This Thanksgiving! Cook Safe This Holiday Season.

An IntroductionThink about the last time you bought a car. Cars don’t tickle me the way that they do some people, so my last car purchase was a 2010 Hyundai Elantra that I paid $10,000 for. The transaction went something like this: I started researching cars. I saved up some money for a car. I test-drove numerous cars. I visited a handful of dealerships. I made some offers. I received some counteroffers. I left. I came back. We eventually agreed on a price, I wrote a check and in exchange, received the keys and title to the car. Though it
Continue Reading The Absurd Way We Pay For Medical Care: A Series

Boo! Halloween is upon us and as you pick out your costumes and carve your pumpkins, remember to keep safety in mind this Halloween season. If you have young children you’ve probably already realized that many Halloween costumes are cheaply made. While good for the pocketbook, these cheap costumes can be more likely to catch fire when exposed to an open flame. Add in a couple of glowing jack-o-lanterns and eager children running through yards and it’s easy to come in contact with flames. When shopping for costumes it’d be helpful to look for “flame-retardant” material, which means they hinder
Continue Reading Boo! Stay Safe this Halloween Season