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Illinois Law

Illinois Concussion Safety

According to statistics compiled by the Centers for Disease Control and Prevention (CDC), nearly 4 million Americans suffer a concussion while participating in sports or recreational activities each year. But concussions don’t only occur in sports—they are also commonly seen in car accidents and other circumstances involving a blow to the head or body.Although there is no 100%-surefire way to prevent a concussion, there are steps that we can all take to help protect ourselves and our loved ones. And, by learning to recognize the symptoms of a concussion, we can ensure that we obtain the treatment needed to get...

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On Being Selected for the 2018 National Trial Lawyers Top 40 under 40

Julio Costa and Anthony Ivone just announced their selection to be members of the 2018 National Trial Lawyers “Top 40 under 40.” This is an exciting yet humbling bit of news for us at Costa Ivone, LLC. The Top 40 under 40 is a professional organization composed of the top trial lawyers under the age of 40 from around the United States. We were selected due to our growing reputation for excellence in client advocacy and high standards in legal practice.This sounds a little heady, but rather than celebrate, we feel the selection reinforces the seriousness of our obligations to...

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We’ve Moved to the West Loop!

We just announced our move to the West Loop area of downtown Chicago. Why did we leave Berwyn? Don’t get us wrong. We love Berwyn. It’s just, we’ve been growing so much, the Berwyn office simply wasn’t big enough anymore. Also, the move places us closer to where many of our staff members live as well as to our clients.We’re thrilled to be able to make this move. It’s a sign of how far we’ve come. Our team has done an outstanding job of building a practice that grows year over year, leading us to seek new space. We’ve added...

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How Illinois Law Protects Pedestrians

During 2016, Illinois roadways were the site of 324,473 motor vehicle crashes. Of these, 8,053 involved pedestrians (including pedalcyclists—a category that includes occupants of non-motorized bicycles, unicycles, and tricycles). That means that around 2.5% of all automobile crashes in Illinois involved a pedestrian.But, understandably, pedestrians account for a disproportionate number of injuries and deaths caused by car crashes. After all, pedestrians don’t have the solid metal frame of an automobile to come between them and another vehicle in a crash.In fact, of the 66,703 injury crashes in Illinois in 2016, 7,616 (or about 11.5%) involved pedestrians. And pedestrians also accounted...

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Fighting City Hall: Lawsuits Against the Government in Illinois

Lawsuits in Illinois are always complicated. Success requires a detailed knowledge of statutes, past court decisions, rules of procedure, rules of evidence, and more. But that’s just the beginning of the issues that confront individuals who wish to sue the government for personal injuries that it has caused.That’s because in Illinois, as elsewhere, a series of special rules apply to lawsuits against the government. This article summarizes some of the most important ways in which such lawsuits differ from standard personal-injury lawsuits in the state. 1. You Can’t Always Sue the Government Centuries ago in England, the principle that the King can...

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Respondeat Superior in Illinois: When Can You Sue a Business for Injuries Caused by its Employees?

Who do you sue when you’re injured by another person and want to recover for your injuries? That may seem like a trick question, because the answer is obvious: You sue the person who caused your injuries, right? Normally, the answer is just that simple. But sometimes it can get more complicated, because sometimes the law also imposes liability on another person who didn’t directly cause the injury.For example, we recently discussed the Illinois Dram Shop Act, under which a bartender or other licensed alcohol seller can sometimes be held liable when a drunk person whose intoxication he or she...

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Illinois Personal Injury 101: Proving Your Case

In an Illinois personal injury lawsuit, to meet the burden of persuasion, a plaintiff must put on evidence. Evidence comes in many forms, including testimony, paper records, photographs, digital recordings, and even physical objects (like faulty car parts). This post takes a quick look at three common types of evidence in personal injury lawsuits: police reports, witness testimony, and medical records.Although those three types of evidence won’t necessarily be available in every case, when they are available, they will be among the most important evidence in persuading a defendant to settle or a jury to find in the plaintiff’s favor. Police...

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How Much is a Personal Injury Settlement in Chicago?

Costa Ivone personal injury in Chicago

When one person has a legal claim against another, the result in modern times is most often some kind of settlement. In short, a settlement is an agreement by the person with the claim (who would be the plaintiff if a lawsuit were filed) to give up his or her right to sue in exchange for a payment from the person against whom the claim could be asserted (the defendant).For instance, most personal injury lawsuits in Illinois are today resolved by alternative dispute resolution, such as negotiation, mediation, or arbitration. The injured person may not even file a lawsuit, but...

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Birth-Related Medical Negligence

Wrongful Pregnancy, Wrongful Birth, and Wrongful Life: What are They?In August of last year, we explained the basics of wrongful death actions in Illinois. But Illinois law is as concerned with the beginning of life as its end. So, the law recognizes two of what are known as birth-related medical negligence claims: wrongful pregnancy and wrongful birth. For reasons we explain below, it has rejected a third type of such claims, wrongful life.As medical negligence claims, wrongful birth and wrongful pregnancy are generally like other medical malpractice lawsuits, but deal specifically with pregnancy and birth. Below, we summarize each of...

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Can You Make a Federal Case Out of a Personal Injury Claim in Illinois?

In the United States, our court system, like our government generally, is split between two levels: State courts are courts of general jurisdiction and can hear pretty much any kind of legal dispute. In contrast, federal courts are courts of limited jurisdiction—they can only hear cases that the Constitution or a federal statute says they can hear.So, it should come as no surprise that state courts in Illinois have jurisdiction to hear personal injury lawsuits. In fact, the Illinois Legislature and Illinois Supreme Courts are the ultimate authorities on what personal injury law is in Illinois, subject only to a...

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