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Latest from Hoff Lawyer Blog

Sometimes, I write about interesting or unique cases.  Other times, I write about my frustrations with how people drive inattentively (and to go fully tangential, yesterday, while I was in the middle of a bicycle time trial, a truck decided to ignore me going nearly 30 miles an hour and block the entire road so he could back a trailer into his driveway).  Some blogs I write are about unique areas of the law, or about what to do if you are involved in an auto crash, work injury, or slip and fall.  I even talk about referrals to
Continue Reading A Good Old-Fashioned Personal Injury Auto Settlement

I recently settled a dog bite case.  Unlike most personal injury cases in Illinois, dog bite cases are often “strict liability,” meaning that the owner or controller of the dog is liable without the bitten victim having to prove negligence.
Does this mean a person bitten by a dog is just handed a check right away?
If you read my blog regularly, you know nothing is ever that easy in law-land.  I’ll explain some of the reasons for that below.
Dog Bite Law
Without getting too wonky on the statute and the common law, suffice it to say that the
Continue Reading Dog Bite Cases 101

A 2022 crash that killed six high schoolers prompted Jennifer Homendy, the Chair of the National Transportation Safety Board, to urge parents to warn their teen drivers about the risks of driving under the effects of marijuana. 
She alluded to the perception that many believe it is safe to drive while stoned.  In fact, the auto crash that killed the six teenagers was caused by both too many passengers in the car (causing distraction to the driver) as well as marijuana intoxication in the driver.  Evidence indicated the teen driver slowed but never stopped completely at a stop sign intersection,
Continue Reading Can You Drive Stoned?

Recently, I acted as the lead arbitrator on a panel of three to decide a case.  This particular case involved a plaintiff who had filed a case pro se, meaning without a lawyer.  Somehow she had navigated the legal system from filing, to service, to arbitration.  Easy enough to miss something, so kudos to her.
Then came the actual arbitration, the trial of her case.
And she was in so far over her head, it was both sad and unfortunate.
 What are the reasons why you should, or should not, file a case yourself without a lawyer? 
Pro Se
Pro
Continue Reading Pros and Cons of Pro Se—What Say You?

Why would a personal injury lawyer encourage you to get an estate plan done?  What does an estate plan have to do with a personal injury case?
 By the way, what exactly is an estate plan anyway?
Estate Planning—What is It?
Simply, it is what you want to happen when you die, and, in some instances, in the event that you become incapacitated.
Everyone understands the concept of a Last Will and Testament, commonly referred to as a will. In simple terms, your will makes official who gets your material and financial possessions when you die.  Wills can be as
Continue Reading Estate Planning For Personal Injury?

 I get questions all the time on various websites geared for people to ask for general legal advice.  One of the questions I see regularly is something along the lines of “I got something gross in my food.  Can I sue?”
Most of the time, the general answer I give is that almost anyone can sue just about anyone for just about anything.  But the big issue is not can you, but should you?
And the answer to that question in this context is usually a big, fat no.
Read on to find out why.
It’s So Gross, Scary, Outrageous….
Continue Reading There’s a Fingernail in my Taco—What Can I Do?

Back in the day, when I mostly looked at my own shoe tops and occasionally communicated in grunts (most people call that high school), I was encouraged by my very outgoing mother to be “more social” and to “talk to people.” 
 I did not quite understand how to do that, so I did not.  At least in college, I discovered liquid courage enabled me to speak to people, even members of the opposite sex.  Amazingly, I joined a profession renowned for loquaciousness.  I’ve even spoken at seminars, committee meetings, chaired committees, and tried cases, all of which involve speaking in
Continue Reading Being Social Can Be a Bad Idea

As I approach 60, it is clear I have turned into many of my deceased relatives.  I have my grandfather’s exacting cleanliness and order, along with his long-windedness.  I have my father’s skepticism, coupled with a general crankiness and impatience, but I’m a generally social and happy human.  And my love of cooking and food came from both of my parents.  Heck, we named our dog Skye, after the Scottish Island where one of my favorite whiskies comes from (Tallisker).  And our first dog was Islay.  There seems to be a recurring theme here.
Lawyers are not generally seen
Continue Reading Get Off My Lawn…But Have a Drink First

How long will my case take?
I get this question all the time.  I’ll bet, over the past thirty-four years of handling personal injury and workers’ compensation cases, I have answered this question thousands of times.  
Of course, since I’m a lawyer, the answer is mostly “it depends.”  Personal injury and workers’ compensation cases can take varying lengths of time based on a multitude of factors.  Everything from how it happened, who the insurance company is, how badly injured the client is, and at least another dozen things, affects how long the case will take to resolve.
Some personal injury
Continue Reading The Long And Winding Road of Workers’ Compensation

Recently, Walgreens pharmacists across the Chicago area have been on strike, leading up to a “Phed Up” event in May at the company’s headquarters.
Pharmacists have been working without a contract for nearly a year.
Why are they striking and how does this affect your health?
Worker Rights for Pharmacists Can Affect Your Health—How?
I can tell you anecdotally that I have handled about a half dozen cases involving this particular pharmacy in which the patient received the WRONG MEDICATION.  Because so many pills look the same, patients often didn’t know they were taking the wrong medication until they felt
Continue Reading Is Your Pharmacy Acting Like It’s On Drugs?

Auto insurance companies are reporting record profits.  This is happening because premiums are rising.  That much makes sense.
But why are premiums going up so much?  Could it have something to do with your driving behavior?
Pandemic and the Advent of Angry Driving
Those who read my blogs regularly know that I’m not just a personal injury lawyer, but I’m also a serious bicyclist.  I start my rides in the city of Chicago, and it doesn’t take more than a few blocks to notice aggressive, inattentive, and downright angry drivers. 
At least anecdotally, I’ve seen drivers making more bad
Continue Reading Is Your Bad Driving Making Insurance Companies Rich(er)?

Many people tune out when they see the term “workers’ compensation,” or the outdated “workman’s compensation.”  They figure, “I work at a desk so why would it apply to me?”  Or they figure it can’t be much different from a basic auto insurance claim.
Read more to find out just how wrong those assumptions really are. 
What Is Workers’ Compensation?
At its essence, workers’ compensation is a nearly no-fault system to compensate people injured while working.  Over a hundred years ago, you got hurt at work and it was “so sorry, have a nice life.”   Then, reformers recognized that
Continue Reading Workers’ Compensation 101

 It’s spring, which means that as I write, there is March Madness basketball happening and baseball season is now underway.  Which brings to mind the vast difference in how those two sports take space in our brains, as well as how different people process information.
What does any of this have to do with law, personal injury, or workers’ compensation?  Read further and find out.
Immediacy Vs. Long-Term Outcome
For those unfamiliar with “March Madness,” the NCAA basketball tournament is a single-elimination playoff.  The four lowest ranked teams play “play-in” games to enter the field of 64 teams. 
Continue Reading March Madness or Baseball?

Infrastructure.  Roads, bridges, pipelines…and also the guardrails and medians on those roads.
Things we don’t even think about—unless our vehicle is sent careening toward a steep dropoff or headed toward the oncoming lanes. 
Most people assume these concrete medians, metal guardrails, and other apparatuses on highways and roadways are designed to stop motor vehicles from disastrous consequences like falling into a ravine or flying into ongoing traffic.
Well, they were designed to do that.  When motor vehicles were the size of a smaller-sized elephant.
Now, many vehicles we drive are double or triple that size.
And the infrastructure can’t handle
Continue Reading Is Your Vehicle Too Juiced to be Stopped by a Guardrail?

 I recently settled the second step of a case for my client.  First, in May, we obtained the full policy limits for the at-fault party.  Then, in January of 2024, we settled the Underinsured Motorist (UIM) claim.
My client, S, drove through an intersection (she had no lights or traffic control devices to observe) when suddenly, a driver shot through the red light and turned left in front of her.  She had no chance to avoid the crash, and it was serious. 
S experienced back problems as a result.  Seems like a straightforward case, right? 
There is never anything straightforward
Continue Reading Can Your Body Affect Your Settlement Value?

 I recently settled a case that was in lawsuit and ready for trial.  Like all good settlements, neither I nor my client were overjoyed by the settlement.  It wasn’t exactly what we hoped the case was worth, but it was certainly far more than any previous offers.  In short, we were able to push the defense to offer more by showing we were ready for trial.
 How did comparative negligence factor into this settlement?  Read more and find out! 
Comparative Negligence vs. Contributory Negligence
Some states bar plaintiffs in a personal injury lawsuit from all recovery if they are found
Continue Reading What is “Comparative Negligence”?