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Myth No. 1 - Americans are to litigious - Five myths about Lawsuits

7/31/2020

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The portrayal of civil lawsuits is central to American culture from Judge Judy to John Grisham.  But what we see on T.V., watch in movie theaters, and read in newspapers doesn't always reflect reality.  

We all have heard about the infamous McDonald's "hot coffee case" being the poster child for frivolous litigation.  We've also heard about the "tort reform movement" which seeks to put an end to "frivolous" lawsuits.  This campaign which is sponsored by insurance companies and large corporations has worked.  In fact, according to a poll done by the Wall Street Journal in 2016, 87% of all voters said that there "were too many lawsuits filed in America."

However, most cases in our U.S. system are not for personal injury claims.  Nearly half of all civil cases are are actually for contract disputes.  29% of cases are landlord-tenant cases.  Only 7% involve "tort claims" or those for personal injuries.  Also, civil litigation caseloads have dropped steeply since 2009.

So, what is a frivolous lawsuit?  Nearly all of our clients come in and say that they're "not lawsuit" people or they've never sued anyone.  Our clients come to us because they need us.  They need help because an insurance company or large corporation is not willing to take responsibility.  Unfortunately, these large companies force our clients to file suit in order for our clients to finally receive the justice that they are due.  A frivolous lawsuit is one where the defendant does not accept responsibility.
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How do they get to that number?  Working through Illinois Workers' Compensation settlements

7/27/2020

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By: Angie Zinzilieta, Partner
​You may have heard that workers’ compensation settlements work differently than a personal injury lawsuit settlement.  In Illinois, workers’ compensation settlements work require some math.  The following post is based on Illinois workers’ compensation law.  Each state has its own laws and rules concerning workers’ compensation cases.
 
QUICK VOCABULARY:
 
WC        workers’ compensation
 
AWW    average weekly wage (This is the average amount you were making for the 52 weeks prior to                             your workplace injury.)
 
TTD      total temporary disability (This is similar to an unemployment payment.  In Illinois, this amount is                    2/3 of your AWW.)
 
PPD       permanent partial disability (This is typically what is considered your WC settlement.  Employers                     are required to pay PPD benefits to injured workers suffering from an amputation, physical                               impairment, or disfigurement caused by job-related injuries, but is able to perform work at some                    level.)
 
PTD      permanent total disability (A complete disability that leaves an employee permanently unable to                    do any kind of work for which there is a reasonably steady job market.  PTD benefits entitle an                          employee to a weekly benefit of two-thirds of their average weekly wage, subject to certain                               minimum  and maximum limits, for life.)
 
In Illinois, your PPD is calculated as follows:
 
(60% of AWW) X (Value of Body Part)(% of Disability) = PPD
 
The percentage of disability is based on any residual effects of your workplace injury.  For
example, you may have limited range of motion or permanent restrictions, or you may be
unable to do activities that you were able to do before your injury.
 
The “Body Part Value Charts” are below:
Generally, if you have shoulder, back, or neck injury, that injury is considered to be part of the "Body as a Whole."
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                                               EXAMPLE OF HOW A WC SETTLEMENT WOULD BREAK DOWN:

Sandy injured her back carrying a large package from her delivery van to a customer's door.  Sandy went to the doctor and was diagnosed with a disc injury.  Ultimately, after physical therapy and epidural injections, Sandy was required to have a disc replacement surgery.  Sandy can no longer bend repetitively or lift more than 30 pounds, and her spinal surgeon has placed her on permanent restrictions prohibiting such.  In all, we believe that Sandra has suffered a PPD of 40% Body as a Whole.  In the year prior to her injury, Sandy made $1,000 per week before any taxes, insurance, 401(k), etc., were taken out.

What is Sandra's AWW?  Sandra's AWW is $1,000.

What is Sandra's PPD rate?  500 weeks X 40% = 200 weeks

How much would Sandra's PPD award be?  200 weeks X ($1,000 X 60%) = $120,000

In Illinois, attorney's fees are capped at 20%.  So, if Sandra received a PPD award for $120,000, then the attorney's fees would be $24,000.
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  • Home
  • About Us
  • Client Reviews
  • Our Team
    • Brian Wendler
    • Angie Zinzilieta
    • Julie Wendler
    • Loretta Koch
    • Helen Johnson
    • Hailea Tepen
    • Kiera Doughty
    • Anna Zinzilieta
    • Cooper Wendler
    • Hugo Wendler
  • Verdicts & Settlements
  • Practice Areas
    • Personal Injury
    • Crashes >
      • Car Crashes
      • Truck Crashes
      • Aviation Crashes
    • Products Liability
    • Wrongful Death
    • Slips and Falls
    • Workers' Compensation
    • Wrongful Termination
    • Medical Malpractice
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    • Stray Voltage
  • Community
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