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Zane D. Smith & Associates, Ltd. Legal Blog

High-Low Deal Delivers Cash, No Fault Call

From the Chicago Law Bulletin by Laura Ann Wood, Staff Writer     Despite a Cook County jury’s zero-dollar verdict, the defendants will still pay plaintiff Sabrina Zaya and her son, Anthony, $1.5 million. This came after the defendants entered into a high-low agreement before the jurors returned their decision.  The jury, after about two days of deliberation, found the defendants,…

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Do You Have a Dental Malpractice Case?

You’ve just come back from the dentist. You had a tooth extracted and the whole right side of your mouth is not only sore but, numb. In the following days, weeks, and months, the pain eventually subsides, but despite what your dentist told you, the numbness and lack of sensitivity remains. If persistent numbness, lack of sensitivity, lack of taste,…

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I Want My Medical Chart

From time to time, both lawyers and clients are confronted with the need to obtain a copy of a medical chart. This request for medical information necessarily involves a HIPAA (Health Insurance Portability and Accountability Act) request. The HIPAA provides a measure of security and privacy for your medical records, and it presents all kinds of fun and interesting issues…

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“I Was Just the Passenger”

Clients often come to me when they have been involved in an automobile, car, truck or boat accident in which they were the passenger. Liability issues for passengers are a bit different than they are for drivers. Because the person who was injured was not in control of the vehicle, liability questions can arise for both the driver of the…

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Do I Need an Expert?

Because of the limited scope of this article, I will only be able to touch on the highlights and general requirements of an expert for litigation in Illinois. In general, any and all professional liability actions require an expert to testify. The cases of legal, medical, engineering, accounting or other professional negligence involve questions of duty and breach of duty,…

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How Much is My Case Really Worth?

In determining how much your case is worth, there are many factors to consider: Do you have the funds to pursue or defend this matter?  Is it covered by my insurance policy or policies?  How much will I actually end up getting or paying after all the fees and expenses are considered? How long will this take to complete? What…

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I want a pre-nup!

The divorce of billionaire Kenneth Griffin and his spouse, Anne Dias Griffin has focused a lot of news attention on prenuptial agreements in Illinois. Engaged couples typically want to talk about the possibility of entering into a prenuptial agreement and are seeking advice as to what should be considered before executing one. Here are three rules that all couples should…

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Why You Can’t Cheat an Honest Person

Lessons in Detecting Fraud There has been a tremendous increase in fraudulent check schemes involving attorneys and their escrow accounts. Our firm has been the target of at least 3 scam attempts this year alone. The cases involve a person, who appears to be a legitimate client, attempting to use the attorney-client relationship and the attorney escrow account to steal…

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You Are Suing Me in What County?

Jurisdictional Questions The question of jurisdiction comes up when determining which country is the proper venue to file a lawsuit. In general terms, the lawsuit should be filed in the county in which either the transaction occurred, injury occurred or defendant resides. Usually no consideration will be made as to where plaintiff resides. Jurisdictional questions are very complex. There are…

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