Dan Breen was interviewed for this Illinois State Bar Association Article about online client intake procedures. You can read the article on the ISBA website.
What do credit reports, milk and photos all have in common? Companies in these realms have all recently been hit with class action settlements. If you've ever received an email or letter giving you notice of a class action settlement and been confused about your rights, you are not alone.
Let's first define a class-action lawsuit. It Is a civil lawsuit brought on by a group of people or businesses (the class) accusing the defendant of the same harmful or unlawful action. The biggest class-action settlement was in 1998 and required big tobacco companies to pay out more than $206 billion to included states, over a 25 year period.
If you receive a notice of a class action settlement, most of the time you don't even need to respond or join. In some instances, you will have a link and a specific code or number to join. One person, the named plaintiff in the lawsuit, represents the group, essentially doing the work on behalf of the group.
Class action settlements are safe and effective. By joining one - even if you didn't know you were wronged - you are holding a company responsible for their negligence. It is a way to protect consumers from misleading advertising, faulty products, and fraud. They can also help protect the environment. The BP Gulf of Mexico oil spill resulted in a class action lawsuit to the tune of $20 billion, the second-highest settlement after big tobacco. Additionally, employees are protected from things like unfair wages and discrimination.
Earlier this year our staff shared their favorite children's books for aspiring attorneys. We couldn't leave out our book picks for the mature audience. The following are picks that any lawyer, law student, or individual who's been consumed by a trial might enjoy. And with the holidays coming, these could make great gifts, too.
The 48 Laws of Power - Robert Greene’s MANIFESTO is a master class on the power games that people play. Many books have been written in this realm, but none take such a cold, amoral, look at the struggle of power and influence as The 48 Laws of Power. One of the most clarifying items gleaned in this work is a newfound understanding of otherwise inconsistent or illogical behavior by politicians. Much of what politicians do that would make little sense in typical human interactions is often done in strict adherence to Greene’s laws laid out here. While not a legal book, per se, it’s hard to read this and not see how important it is to the work we do as lawyers.
Helter Skelter (Vincent Bugliosi) - The fact that this book is about Charles Manson overshadows its brilliance from a strictly legal perspective. Vincent Bugliosi, Manson’s prosecutor, takes you through the chilling and intricate trial to convict the cult leader of murder. Manson was never alleged to have been personally involved in the killings central to this novel. Bugliosi’s approach to his craft are something for every lawyer, and every professional, to emulate.
And the Sea Will Tell - Another Vincent Bugliosi book (after he switched from prosecution to defense), about a murder that took place on an atoll in the south pacific. A surface level retelling of the facts of this case would lead anyone to believe Bugliosi’s client was obviously guilty of murder. But Bugliosi built his criminal defense practice on the impossibly principled approach of defending only those he believed to be innocent and then representing his clients with the sole goal of proving that innocence. Inch by inch, Bugliosi, walks the reader through how he became able to believe in, and then ultimately try to prove, his client’s innocence.
Influence - Many books have been written on persuasion, but this is the definitive work in the field. A telling story of how compelling this book is, after Charlie Munger read it, he gifted Robert Cialdini a share of Berkshire Hathaway’s A-stock to thank him for putting it out into the world. While not written from a legal point of view, the art of persuasion is so central to our role that makes this a must read. I’d go so far as to say it is far more important than any book assigned in law school.
Conspiracy - As billed, this book has it all: sex, conspiracy, power, money. It’s a true story, yet it feels like Grishamesque page turner. Conspiracy is the story of Peter Thiel’s plot to ruin Gawker, which he does by secretly financing Hulk Hogan’s lawsuit against Gawker because Gawker improperly published a sex tape of Hogan. Sensational as it is, at its core this book is a structured enumeration of how a novel lawsuit is built and pursued, brick by brick.
Reptile - David Ball and Don Keenan do a masterful job in putting together what might be considered the psychological guide to presenting a case to a jury. Regardless of the subject matter you are dealing with, this case presents an outline on how to best frame your arguments and communicate your position in a way that appeals psychologically by activating the ‘reptilian’ part of our brains. The term reptile has since become omnipresent in the litigation world.
Are there books you'd recommend for our staff to read? Please let us know in the comments.
As summer winds down and kids head back to school, we want to share our favorite books for the littlest legal assistants in our lives.
It was just a few years ago when we’d only have time to open legal textbooks. But life has evolved and now there is a gaggle of Breen Goril Law babies and kids, plus our many nieces and nephews. If you think we turn off the legal work when we get home, you are mistaken. One of our favorite ways to teach the kiddos in our lives about what we do, about being fair, and about fighting for justice is through children’s books.
Here are our favorites.
Attorney Dan Breen reads Alabama Spitfire: The Story of Harper Lee and To Kill a Mockingbird to his son and daughter. This book is a true story about Harper Lee, the girl who grew up to write the Pulitzer Prize winning To Kill a Mockingbird.
When he’s not reading Little Blue Truck (which is basically every night) to his two sons, attorney Chris Goril shares Lillian's Right to Vote: A Celebration of the Voting Rights Act of 1965. As the names says, this book follows an elderly African American lady’s uphill journey to vote.
I Promise, by LeBron James is a favorite of attorney Maggie Ledford. An inspiring book about doing your best today for a brighter future tomorrow.
Legal Assistant Lesley shares The Youngest Marcher: The Story of Audrey Faye Hendricks, a Young Civil Rights Activist. An incredible true story about a brave little girl marching to protest segregation.
Marketing Assistant Andrea likes to read I Dissent: Ruth Bader Ginsburg Makes Her Mark with her three young daughters. This book tells how RBG always stood up for what was right – especially in the lives of women and minorities.
The legal framework that governs our practice is not always reflective of the real world issues we navigate, and, as I’ve recently come to learn, such is the case with back injuries.
Back pain is one of the most common types of pain that human beings suffer, so it’s no surprise that it is one of the most typical injuries that we assist clients with. It’s easy for the groupthink de jour to dictate the framework that we, our opponents, judges, and jurors understand back injuries. Such groupthink concepts include the fact that a true back injury is caused by a certain pathology, and that can be seen on a diagnostic study (such as a disc herniation shown by an MRI), or that there is a therapeutic framework for recovery from back injuries and one need to little more that follow that roadmap to recovery.
Suffice it to say that my mind was a bit blown recently to learn that accepted framework for understanding back injuries is not nearly as settled as it may seem. Dr. Stefi Cohen, in an interview on the Tim Ferriss Show Podcast, explained just how much we still have to learn about back injuries.
Dr. Cohen, who also happens to be a world record holding power lifter, explains that despite the fact that back pain is one of leading cause of disability in the world, there is no discernable cause for pain in 95 to 99 percent of cases. The validity of a back injury is therefore not dictated by the existence of a diagnostic finding, such as a bulging disc. Back injuries also likely require a much more personalized approach to healing than the therapyàinjectionsàsurgery framework often used in the medical community to and then accepted as fact by the legal community. As advocates, we must also venture to build cases recognizing that a binary picture of medical causation not always going to be apparent for back injuries.
Of course, the challenge for us, operating in a world of a ‘reasonable degree of medical certainty’ and burdens of proof, an established framework of understanding gets you places in terms of doing what you need to do to prove your case. The challenge becomes demonstrating the legitimacy and severity of back injuries where the pathology causing the pain and injury is not obvious – which is more often the case that is widely appreciated.
I would urge anyone practicing in this area to give the episode a full listen.
https://tim.blog/2021/01/06/stefi-cohen/
Answer:
Even before the pandemic hit, the reality of litigation is that it is not a fast process. We lawyers have many one liners to neatly explain this and my personal favorite is that “the wheels of justice turn slowly.”
Litigation moves at a much more methodical pace than other economic activity that people are used to. The practical reasons for this can include uncooperative opponents, constraints of the judicial calendar, scheduling coordination, and the sometimes lengthy process of obtaining records and other important information from disinterested third parties. The overarching reason things are not as fast as people might be used to is because, more so than other realms of society, litigation is the process of getting it right, however long getting it right might take. If a party needs to obtain thousands of pages of records before they are ready to take a deposition, they will typically be afforded the time to do so. If 20 witnesses need to be deposed to ensure that litigants know everything there is to know about an incident, then 20 witnesses will be deposed. If a doctor’s calendar is booked for the next three months, the deposition will be scheduled four months later and little progress might be made on the case in the interim.
As a lawyer involved in litigation, it becomes easy to acclimate to the methodic pace, so we need to continually remind ourselves how unexpected the pace might be to a client who works in a different industry. Imagine working in logistics and being told that it is going to take a month to get a full set of records - and that when those records come, they will likely be sent in the mail, or worse yet, by fax!
Above all, the most important thing to remember regarding the pace of a case is that the speed and which it progresses is not typically relevant to the substantive value of the case. In other words, delays, unwelcome as they may be, do not mean there will be a lower financial outcome when all is said and done. After all though the wheels of justice do grind exceedingly fine.
Answer:
Because the legal world is complex, this most simple and important question requires a less-simple response. The framework used to determine how a settlement will be allocated is described below. The economics of the cases vary greatly, but as a general rule, there are a few buckets of entities that are entitled to a portion of the settlement funds. Everything left after the following groups are paid belongs to the client.
Payment of Medical Bills
If your case is one based on medical care, you are entitled to the fair value of the bills for that medical care. Those bills need to be paid or reimbursed out of the proceeds of the case, but how that will look depends on if and how those bills were paid in the first place. If the bills were not paid in the first place, your lawyer will work directly with the medical provider to pay those bills. If those bills were paid by another entity, such as private insurance, Medicare, Medicaid, or medpay, your lawyer will work with whoever paid the bills to reimburse that entity for the amount it paid. Another question that often comes up in this realm is why an entity such as private insurance is entitled to reimbursement when a client is paying (expensive) premiums every month. Because the value of the settlement to a client is often being driven by the amount of bills, if another entity is paying those bills on the client’s behalf, failing to reimburse the payor for the amount paid would result in a client receiving an unfair double recovery
Reimbursement of Costs
Your lawyer will often pay the costs associated with the case on your behalf while that case is pending. Your lawyer is entitled for the reimbursement of these costs. As a general rule, the costs necessary to pursue a case go up as the case gets closer to trial due to the type of work necessary to prepare a case for trial. Examples of costs include filing fees, court reporter fees, expert witness fees, and costs associated record retrieval.
Attorney Fees
Your lawyer is entitled to a percentage of the settlement, which is proportionate to the size of the recovery.
There are other interests that need to be accounted for, from time to time, but the big ones are above. A client is entitled to the balance once the above items are all taken care of.
Answer: Ultimately, for better or worse, we are trying to fit every civil case that we handle into an economic framework. Imperfect as it may be, the civil system is set up to provide money for individuals to reimburse them for the harms suffered, regardless of what the form that harm took in the first place. In a situation like property damage, this system works pretty well - an individual can be paid for the replacement or repair value of his or her property. In a situation where the harm is something awful, like death, it is much more difficult to fit such profound damages into a financial framework. Nevertheless, this is the system we have, and we strive to get as close to justice as we possibly can.
The factors that drive value in an injury case are generally, the following:
Loss of Normal Life: A change in or loss of one’s ability to experience life’s activities in the way you could before an incident, such as an inability to do yard work.
Pain and Suffering: The physical pain resulting from an injury.
Disfigurement: The physical manifestation of an injury, such as a scar.
Wage Loss: Income that a person would have earned, but for the injury.
Medical Bills: Charges for medical services rendered to treat an injury.
Emotional Distress: The psychological trauma resulting from an injury.
Future expected hard can be applied to all of these categories.
One of the best tools to use to determine how a case might be valued is the jury verdict reporter, which is a database of past case results. A rough comparison here can inform what an expected result might look like. It is important to keep in mind that cases wildly vary. Subtle differences in injuries can lead to vast differences in an assessment of financial damages. You could imagine that the difference between minor and life-changing for harms like facial scars or brain injuries is a very fine line.
Of course, the underlying factor that must also be considered is liability. If you are going to have a hard time proving that someone or something else is the cause of the harm suffered, the risk of losing at trial or walking away with a compromised award must be recognized.
Answer:
It usually happens at a point in the case when a client is frustrated with a defendant’s unreasonably low offer. The client tells me that “we’ll just have to take them to court.” Enthusiastic as I may share in the sentiment, my response is usually something along the lines of explaining to a client that we already have ‘taken them to court.’ Of course, anyone not involved in the daily practice of law could be excused from missing this since so little of the substance of a case (prior to trial) actually occurs in court (especially these days). And clients are rarely present during the times we do find ourselves in court.
So how do we think about the notion of being ‘in court?’ A case can be resolved with litigation, which is the formal process of taking legal action. However, if the parties are unable to come to a resolution, a lawsuit is filed. Once lawsuit is filed the court has jurisdiction over the parties, so the defendant has been ‘taken to court’. Of course, the filing of a lawsuit is merely the formal beginning of what can be a long and potentially complex process. Because a trial is where all of the action happens, clients often perceive trial as a party being taken to court, but it is better thought of as a culmination of the litigation process if the parties have not been able to resolve the case while in court at any time leading up to the trial.
Answer:
Trial is where all of the moving pieces of a case come together. The progress of a case may wax and wane slowly, particularly from a client’s perspective. However, a client’s level of involvement in the case cranks up considerably leading up to and during trial. So let’s talk about what trial looks like from a client’s perspective.
Preparing to Testify
A common refrain in our office as we move through litigation is that we don’t ‘win’ a case at any isolated stage. Before a deposition, clients are often advised that they should not be thinking about trying to ‘win’ their case at the deposition. Do so, and you are more likely to put something regrettable on the record. The stages of litigation where we need a resounding ‘win’ are less common than one might think. You largely make a little progress, take what you can get, move on to the next battle, and gain what additional ground you can there.Trial is different. Trial is where you try to win and try to win as big as possible. The approach to presentation of testimony is much different. As plaintiffs, we have the burden of proof, and we usually have to prove a variety of things during trial (as opposed to a deposition, where we are generally under little obligation to ‘prove’ anything). A client’s testimony is obviously central to any given case and, thus much time and care will be spent well in advance to make sure we put our very best foot forward and check all of the boxes that we need to. Thus, jury can consider all of the evidence we feel is important to rendering a verdict in our favor.
Coordinating Witnesses
Unlike the rest of the case, which is a methodical walk of independent components that need not occur simultaneously, at trial, everything needs to come together all at once. Witness testimony is critically important. Scheduling and coordinating witness testimony in the face of a fluid trial schedule is stressful. Because a client is likely to know (and often know very well) some of the witness who will testify, we’ll often ask clients to help us make sure those witnesses are aware of the importance of their testimony and to keep those witnesses apprised of exactly when it looks like they’ll be called to the stand.
Conduct During Trial
Trial of a civil case is one of the few times a client has a front row seat to events in court. Most of the time, only a lawyer goes to court, only a lawyer attends depositions, and the lawyer negotiates on the client’s behalf. Some notable items regarding what its like to participate in a trial include:
It is important to keep your reactions in check. Even in a very strong case, not everything that happens is going to be favorable. The judge may decide to keep out evidence that we’d like to get in, and witnesses may testify in ways that you do not like. (believe it or not, they don’t always tell the truth!). Many things that seem bad in the moment are not as important as they might seem in hindsight, but the harm they do is certain to be exacerbated by any type of emotional reaction. No sighs, eye rolls, sound of any kind. Generally speaking, no reaction to what is going on in the courtroom is a good reaction.
There is a lot that you will want to say during trial. After all, the trial revolves around you. It is easier said than done, but while court is in session, communication with anyone, including (and especially) your lawyer, should be kept to an absolute minimum. For one, it is a bad look (in line with the concept of being reactionless, above). Also, your lawyer must be in a state of high focus. It is best to take notes and confer with your lawyer about those notes during the breaks (there will be many breaks).
This next one goes without saying, but it is so important that we’ll say it anyways: be on time. The importance of being on time so that you are not wasting the time of the jury that you will be asking to award you money cannot be overstated.
Until the final verdict has been rendered, none of the trial participants are permitted to interact with the jurors. It is worth making a mental note of this, because trial participants and jurors go to and from the same area at similar times, so it is not uncommon that you’ll be in close quarters with someone in an elevator bank or going through security. Avoid the natural human tendency to communicate with the people that you have come to recognize.
Lastly, the pinnacle of a case and the fact that you are center stage causes some people to believe that they need to deliver a performance worthy of the occasion. Your authentic self is the only thing that will come through to the jury. An over the top ‘performance’ will be received transparently and likely reflected by a low verdict. This goes for not just how you testify, but how you carry yourself, communicate, stand up, sit down, and behave. If you are energetic and outgoing, great. If you are feeble and cantankerous, also great. Authenticity to your true self and your true condition what the jury is there to see.
Answer:
When something bad happens and it’s not your fault, you want to be made whole yesterday. If only the legal process worked so quickly. A better way to think about this question is a series of questions: What amount of money will provide fair compensation for the damages sustained? How likely is it that we are going to prevail at trial? How much would the defense have to offer such that accepting the certainty of that offer is more favorable than the delay and risk of moving forward with the case? What can yet happen during the course of litigation that might persuade a defendant to increase its offer?
A threshold concept to consider is that even the strongest of cases require the other side to be willing to pay fair compensation in order for that case to be resolved. While a jury verdict against a defendant is a compulsory mechanism that we can use to compel payment, everything short of that requires the willingness of both sides to come to the table to negotiate and strike a deal.
Many factors that come into play during settlement discussions depend on a client’s personal mindset. Everyone is cut a bit differently. Some clients have a larger appetite for risk than others and are more inclined to take the risk of a trial. Litigation is a lengthy process and some clients would be willing to settle for slightly less money at the outset of a case rather than live with it through a long and stressful litigation process. Sometimes a fair offer, even one is at the lower end of reasonable, is going to be more enticing to some clients than it will to others who don’t mind wrestling in the mud with hogs.
Decision Points
Having mentioned some of the factors that influence settlement of a case, let’s talk about when settlement windows are open their widest. There are events during the pendency of a case when, depending on which issues are disputed, the opportunity to resolve the case might be ripe. These windows of opportunity include:
The filing of a lawsuit - sometimes the filing of a lawsuit, in and of itself, is sufficient motivation to pressure a defendant to increase its settlement offer. Reasons for this may include that they know they will have to incur more costs to defend the case or that filing a lawsuit requires different people with different opinions to get involved in a case.
After the plaintiff’s deposition - If there are questions about what kind of witness a plaintiff will be or unexplained issues about events that transpired, these can often be clarified at a deposition. If they are clarified convincingly, a defendant may be motivated to come to the table to discuss settlement.
After a defendant’s deposition - Similarly, the defendant’s deposition can be clarifying as to how events might play out at trial. If a defendant does not leave their attorney and insurer confident in their theory of a case, it might invite an opportunity to settle.
After doctors’ depositions - If a plaintiff’s injury or recovery is complicated in nature or complicated by factors such as other unrelated injuries or degenerative conditions a doctors testimony clarifying how the underlying problems relate to the lawsuit can enlighten defendants as to the issues claimed in a case and put to rest any thoughts that problems are not related to a lawsuit, thus inviting a potential settlement discussion.
Leading up to trial - The risk and resources commanded by trial cause all parties to take a good long look in the mirror as to the stakes and outcomes of going to trial. The weeks leading up to trial typically invite parties to put their best settlement positions on the table.
These are just a few of the more common circumstances when a settlement discussion might be ripe. Each case has its own unique set of circumstances which make some settlement influencing factors more important than others. There are also many items that motivate defendants and insurance companies that we, on the plaintiff’s side, have little knowledge of or control over. Such factors include company policies in certain cases, strategies they want to test, or facts they wish to hide that would otherwise come out in litigation. Such factors are difficult to identify, even in hindsight, but likely significantly contribute to settlement discussion in certain cases.
Breen Goril Law had a victorious start to 2019 when Dan Breen secured a $900,000 verdict.
Illinois Wrongful Death Claims and Probate
What is a Wrongful Death Claim?
If you have a close friend or family member who has recently passed away due to the wrongful actions of another, a wrongful death claim may be brought against the negligent party to recover an award of damages. The State of Illinois has instituted the Illinois Wrongful Death Act, 740 ILCS 180/1, which permits a cause of action against negligent or intentional acts that result in a person’s death. So, for instance, if a healthcare provider neglects the care of a person in their charge, they can be held liable in a wrongful death action.
The time limits that you have to pursue a wrongful death action may differ. If the action is not brought within a specified time-frame - the claim is lost. It is extremely important to speak with an experienced wrongful death attorney such as the attorneys at Breen Goril Law before your time to file a claim expires.
Who Files a Wrongful Death Claim?
In Illinois, a probate claim of a decedent is typically brought by the representative of the decedent’s estate. In the event of wrongful death a probate estate must be opened with the court of the county where the decedent resided upon death. In Cook County, the probate matter will be opened with the Circuit Court of Cook County, Probate Division – with hearings often held at the Richard M. Daley Center. The Judge of the probate matter will appoint a representative of the estate. If the decedent has nominated an Executor in his or her will, then usually this person will act as the representative. If the decedent was intestate (did not have a will at death) then the court appoints a party, with priority given to closer family members of the decedent. If the court appoints a party then the person appointed is referred to as the “administrator” of the estate. Once a representative has been appointed, he or she can retain a wrongful death attorney and file a corresponding lawsuit for wrongful death.
Illinois does permit the appointment of a “special administrator” in cases where the decedent had no other assets or debts, and this matter then proceeds in lieu of probate. To determine whether this route may be employed, it is important to speak with our wrongful death attorneys and a probate lawyer.
Probate Process in Illinois
In Illinois, the probate process can be complex depending on whether the decedent had assets and/or debts that must be resolved. When a probate estate is opened in court, a time-frame is given for parties to file claims against the estate. The estate representative will collect the decedent’s assets, pay all valid debts, and then distribute the assets according to the will, if any, otherwise this will be done according to the Illinois laws of descent and distribution. However, the probate matter cannot be finalized until the wrongful death claim has been completed, since the wrongful death claim is considered an asset of the estate. Only upon the completion of a wrongful death claim will the probate estate conclude and permit distribution of the assets. Any damages received in the wrongful death action will be distributed accordingly.
Potential Damages in a Wrongful Death Action
Illinois permits damages in a wrongful death claim for the benefit of the family for an amount that is “fair and just.” The jury can consider awarding damages for grief, sorrow, and mental suffering. A dependent family member, including a spouse and children, can be awarded damages from loss of care and companionship. A damage award can be paid out in a wrongful death action for expenses, such as funeral expenses, as well. It is important to determine the entirety of the loss to the family to formulate an appropriate damages award. A Chicago wrongful death attorney such as those at Breen Goril Law can assist in making such a determination.
The Steps to Take in a Wrongful Death Action
If you believe your loved one’s death was due to the wrongful actions of another person or party, then it is important to take the following steps:
1. Speak with a wrongful death lawyer immediately to determine whether you have a case. Remember, the clock is ticking with the statute of limitations so it is imperative that you do not delay.
2. Gather all the evidence that you can obtain and supply it to your wrongful death lawyer. A case is made with evidence, so it is important that nothing gets missed.
3. Speak with your family to determine who should act as the personal representative in the probate matter. Once a representative has been nominated, engage a probate lawyer to represent the estate in probate court.
4. Work with your attorney on sending a demand letter. A demand letter can lead to a settlement, which in some circumstances is the optimal result for both parties.
5. If a settlement cannot be obtained, then a formal lawsuit and trial may commence. Your wrongful death/personal injury attorney will spearhead this effort.
6. Upon completion of the wrongful death matter, be it through settlement or trial, your probate lawyer will work to close the probate matter and have the funds distributed to the family.
Contact the Chicago Wrongful Death Lawyers at Breen Goril Law Today
If your loved one’s death was the result of the wrongful actions of another person, it is imperative to speak with a Chicago wrongful death lawyer such as the wrongful death lawyers at Breen Goril Law. We will meet with you and go over the facts surrounding the case, and we will develop a strategy to champion your family’s rights. If settlement is not possible, we will proceed with a lawsuit and trial. Call the Chicago wrongful death lawyers at Breen Goril Law today at 312-726-8222 to discuss your case with our experienced team. We strive to give you peace of mind by guiding you through the process so that your family may find justice.
A special thank you to our friends and colleagues at Johnston Tomei Lenczycki & Goldberg LLC for helping with this blog post.
Thanksgiving is the number 1 day in the United States for home cooking fires. Unattended cooking is a leading cause; but some fires start because of the cooking equipment that is being used. Here are some tips to keep you safe and sound this season.
As you begin to prep for the tastiest holiday, keep these tips in mind:
- Stay in your home while cooking your turkey
- Keep children away from stoves and ovens
- Be aware of steam and splashes caused by hot dishes
- Make sure your smoke alarms are working
Even if you’ve taken precaution it could be the defective product or someone else’s negligence that leads to a fire. If you find yourself in a situation over Thanksgiving the team at Breen Goril Law is here to help. We’ll be enjoying the holiday on Thursday and Friday and will resume regular hours on Monday, November 26.
Graphic Courtesy of the National Fire Protection Association.
An Introduction
Think about the last time you bought a car. Cars don’t tickle me the way that they do some people, so my last car purchase was a 2010 Hyundai Elantra that I paid $10,000 for. The transaction went something like this: I started researching cars. I saved up some money for a car. I test-drove numerous cars. I visited a handful of dealerships. I made some offers. I received some counteroffers. I left. I came back. We eventually agreed on a price, I wrote a check and in exchange, received the keys and title to the car. Though it wasn’t the most glamorous car that’s ever been driven off a dealer’s lot, that transaction was capitalism at its finest. Capitalism, in its best forms, happens all the time, all around us. It happens at the grocery store, on Amazon.com, at the airport, and it even happens in seedy back alleys. The business of medicine, as we know it, is not capitalism.
Many people end up in need of medical care without warning. We often have no ability to contemplate our own medical condition. We cannot research treatment options and professionals. Sometimes we are rendered unconscious and others make these decisions on our behalf. These decisions end up being profoundly important. For some, these medical events and the treatment of medical issues will be the single most important experience in their lifetime. As personal injury lawyers, our line of work provides us with a unique vantage point to the financial relationship between patients and their doctors. Over the next few weeks, we will be publishing a series of blog posts sharing the observations we have been able to make from this vantage point.
At our personal injury law firm, Breen Goril Law, we represent many injured clients. When we resolve a case on behalf of an injured person who has received medical care, we routinely have to address payment for the medical care rendered to these individuals. We have a front row into how medical care is paid for in a variety of circumstances. Generally, there are a handful of ways that payment for medical care looks. If our client has health insurance, we negotiate a reimbursement with the health insurance company for what has been paid. If our client is a member of Medicare or Medicaid, we negotiate a reimbursement with Medicare or Medicaid. If our client does not have health insurance, we negotiate directly with the medical service providers themselves. Other contexts that exist include medical payments insurance coverage (medpay) and workers compensation insurance. All of these sources of medical payments operate in their own different way subject to their own different set of rules. The opportunity to regularly work with medical bills affords us with a unique perspective on the absurd way that we pay for medical care in this country. Some of the most absurd takeaways will be discussed in the coming weeks as we take a deep dive into each of these areas.
One of the most shocking aspects of paying for medical treatment – in fact the driving motivation in writing these blog posts – is the notion that you, the consumer of medical care, have much less control over the process as a whole. Health insurance is expensive and health care is even more expensive. Usually a person who makes expensive investments expects a degree of control over how an expensively purchased asset is wielded. Unfortunately, with medical care there is very little control over how much the care costs, how the care is paid for, and how much of the care is paid for. While the whole process can seem overwhelming there are a few tips you will be able to takeaway from these posts to put yourself back in control when it comes to your medical care.
Boo! Halloween is upon us and as you pick out your costumes and carve your pumpkins, remember to keep safety in mind this Halloween season.
If you have young children you’ve probably already realized that many Halloween costumes are cheaply made. While good for the pocketbook, these cheap costumes can be more likely to catch fire when exposed to an open flame. Add in a couple of glowing jack-o-lanterns and eager children running through yards and it’s easy to come in contact with flames. When shopping for costumes it’d be helpful to look for “flame-retardant” material, which means they hinder the spread of fire.
Also, if you’re handing out candy to little ones, consider using battery-operated candles. Be aware that dry corn stalks and hay can also pose a fire hazard. Take caution when decorating to avoid unwanted accidents in or around your home.
If you need legal help this Halloween call the knowledgeable team at Breen Goril Law at 312-726-8222.
Know your rights and help protect the rights of others!
Watch out for these hidden dangers!
Don’t Get Burned by Your Holiday Celebrations!!