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By: Law Office of Stephen L. Hoffman LLC

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People hear the words “shared fault” and assume the case is over before it starts. That’s not how Illinois law works. Let’s get one thing out of the way. Just because you were partly at fault doesn’t automatically mean you can’t recover compensation. Under comparative negligence, responsibility can be divided between the people involved in an accident, and that division can have a major impact on your claim. Understanding where you fall on that scale is far more important than assuming the accident was entirely your fault.
Key Takeaways

  • Being partly at fault does not automatically mean you lose your

…
Continue Reading What Happens If You’re Partly at Fault for Your Accident in Chicago?

Artificial Intelligence (AI) is everywhere. Unless you have buried your head in a few feet of sand, you know that AI has seemingly made its way into every aspect of our lives. Supporters of AI praise it as the next big thing. Opponents express concern over its increased usage of electricity. People are concerned about data centers to support AI popping up in their communities. Let’s not even get into those who are proponents of AI who claim untold riches for those who embrace this magic elixir.
So, who’s right in the great AI debate? We likely won’t know for…
Continue Reading Can AI Replace Lawyers?

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Can Car Insurance Companies Use Social Media Against You?
They sure can.  And they will!
How does what I do “in private” impact my personal injury case?  Well, first of all, social media is hardly private.  And second of all, the courts in Illinois generally allow this type of information to be come into evidence, making social media and personal injury claims an important issue to understand, or at least be used to cross examine within certain parameters.
But I’m Miserable
Well, that’s what you say.  But can you prove it?  Remember, the attitude of most auto insurance companies is…
Continue Reading Can Insurance Companies Use Your Social Media Against Your Injury Claim in Chicago?

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Knowing how to handle insurance adjusters after an accident could be the difference between a fair settlement and walking away with almost nothing. Talking to an insurance adjuster before consulting a personal injury lawyer is like going on a bad first date. You walk in expecting a fair conversation, only to realize the other person has a completely different agenda. Like a bad first date, things seem promising. The person says all the right things; on the phone, via his or her or their profile, and in written communication. It seems like a certain match.
And those first communications lure…
Continue Reading Personal Injury and Bad First Dates: What Do They Have in Common?

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[Cue the sound effect.] With over 25 seasons and more than 1,000 episodes, almost everyone is familiar with the Law & Order television franchise. The two-count “clank clank” of a prison door closing. And the phrase “beyond a reasonable doubt.” 
This article is not about that. “Beyond a reasonable doubt” is the burden of proof in a criminal case.
Instead, this article is about “a preponderance of the evidence.” It is the much lower burden of proof  we use in civil cases and usually less familiar than its criminal law counterpart.
Personal injury cases are heard in civil court.
Continue Reading What Evidence (Burden of Proof) Do You Need to Win a Personal Injury Case?

Key Takeaways

  • Accidents catch you off guard. What you do in the days immediately after determines the strength of your case.
  • See a doctor right away. Delayed medical care is one of the biggest ways people hurt their own cases.
  • Start documenting everything from day one. Your appointments, your phone calls, your lost wages, and how your life has changed.The insurance company’s first settlement offer is rarely their best one. And, signing it means signing away your right to more.
  • Do not assume you have time to spare. In Illinois, you generally have two years to file a personal injury

…
Continue Reading When Should You Hire a Personal Injury Lawyer After an Accident?

Lots of people are convinced that they have  a great medical malpractice case.  I get calls, emails, etc., from potential clients, even from fellow lawyers who do not handle medical malpractice.
Everyone thinks “This is a great case!”
But most of the time, it’s not a case at all.
Why not? Let’s talk about what makes a medical malpractice claim.
Analysis of a Medical Malpractice Claim
Medical malpractice is a subset of personal injury law. Just like other personal injury cases like a car crash or a “slip and fall” premises liability case, a “med mal” case has certain elements,…
Continue Reading Why Don’t I Have a Case? (Medical Malpractice Edition)

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Depending on where you live, it might feel like early spring.  Or winter.  Or you might be experiencing flooding, or wind storms.  In other words, the seasons are a lot less predictable than they used to be, to say the least.
But at some point, all of us are going to throw off the chains of winter, get outside more, and…probably face the risk of injury.
Why will injuries follow along with warmer weather?  What can you do to minimize your risks?  Read further and find out.
Bikes, Automobiles, Scooters
My reputation as the crabby older guy yelling “get off…
Continue Reading Spring Safety on the Roads

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We hear this all the time related to eating, shopping, and as it relates to our carbon footprint. 
What does “going local” have to do with personal injury or workers’ compensation lawyers?  Glad you asked.  I’ll try to answer that below. 
As Seen on Television, Billboards, and Your Smart Phone 
Unless you’ve been in a Rip Van Winkle coma for the past decade or so, you probably have noticed the explosion of personal injury, toxic tort (what the heck is mesothelioma anyway?), and other kinds of injury lawyers advertising.
Advertising A LOT.  As in, since the pandemic, the world of…
Continue Reading Go Local

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Few people experience the misfortune of a workplace injury.  And that’s a good thing.  None of us wants to get injured, and certainly not seriously enough to require surgery.
I recently settled my client’s case that involved not one, but two, separate knee surgeries, and also a reinjury to one of the knees after he had recovered from surgery.  Find out more about what happened to him, and how I was able to garner fair compensation for his injuries.
Left, Right, Left, Right…
My client is a long-time flight attendant for one of the major airlines.  He loves his job…
Continue Reading Two For One Special

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It’s time for a refresher on how personal injury claims work and what has to be proven in order to recover compensation.  Think of this as your introductory class, only you don’t have to listen to boring lectures, participate in class discussions, or even receive a grade.
Let’s break down the way an injury claim or lawsuit works by looking at the elements of a claim. In order to recover compensation for your injury, you must be able to prove all elements: the existence of a duty of care, a breach of the duty, causation, and damages.
Duty
First, you…
Continue Reading Duty Breach Causation Damage

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Cyclist with a broken leg and sprained ankle after an electric bike accident, the accident area is fenced with red and white tape, rescue operation after a cyclist's collision
Electronic bikes and scooters are all around, even when it’s snowy and in the 20s in Chicago. 
And they can be very dangerous.  Among the reasons for this are the high speeds they can attain(nearly thirty miles per hour); the lack of training, licensing, or skill of many users; and the lack of understanding of these conveyances by others on the roadways.
Making Limeade
In Chicago, there is a way to rent electronic bikes through the Divvy platform, and for scooters, it’s Lime.  Now, if you have ever ridden a non-motorized bicycle, you’ve undoubtedly had a crash or two.  Lots…
Continue Reading E-bikes, E-Scooters, Eek!

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Everybody has heard of workers’ compensation, but most people don’t know its origins, or how it really works. Here’s what you should know if you get injured while working. 
What is Workers’ Compensation?
Workers’ compensation is a no-fault system designed to compensate people injured while working.  In the early 1900s, if you got hurt at work, there was virtually nothing that could be done.  You might have no way to earn a living, your family might be in danger of starving, yet there was no system in place to act as a safety net.
Seems hard to believe now, but…
Continue Reading Illinois Workers’ Compensation Basics

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In my thirty-sixth year as a personal injury and workers’ compensation lawyer, I’m still encountering new injuries, different terminologies, and yet, unfortunately, the same frustrating attitudes of many insurance companies.
While it would be wonderful if every case was deemed legitimate at the outset, that is not what our adversarial system is designed to do.  Sometimes, I owe my very career as an attorney to obstinance, disbelief, and arrogance.  So I suppose I should thank at least some insurance adjusters and opposing attorneys for this.
Recently, I was able to resolve a work-related injury case that involved an injury I…
Continue Reading Jersey Finger

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Compensate Injured Worker: Medical Disability And Social Security
Most people, especially in America, if they are breathing, have come across advertisements for personal injury lawyers.  Maybe you’ve seen a “one call, that’s all” motif, or a giant name on the backstop at a televised baseball game.  Billboard, television ads, PI lawyers are everywhere.  You have to have seen them.
But what exactly is personal injury law, and how does it relate to you?
Cars, Trips, and Such
In the barest terms, personal injury law, known to law nerds as “tort law,” involves some basic principles.

  • Someone or some entity owes a duty of reasonable care to you
  • That

    • …
    Continue Reading What is Personal Injury Law, Anyway?

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    My clients need me sometimes.  Not necessarily because of the legal things I do but sometimes just so they can vent, ask questions, and get someone to listen to them about what they’re going through. 
    I’m sure you’ve seen signs on lawyer’s offices that say “Attorney and Counselor at Law.”  You don’t see this phrase as often as you used to, maybe because extra words gum up the machinery of search engine optimization (SEO).  But I digress.
     Writ large, all attorneys are expected to do what attorneys are known for—go to court, read documents, write briefs, research the law, take…
    Continue Reading Attorney and Counselor At Law