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        The Famous McDonald’s Hot Coffee Lawsuit

        150 150 Clifford Horwitz

        Insurance companies attempting to deprive millions of justice in court rooms

        The McDonald’s coffee case is flaunted as the poster child for “frivolous lawsuits”. Insurance companies and corporations pushing tort reform commonly rally behind and argue the legal system is “out of control”. The insurance companies spend millions promoting misconceptions about tort cases to promote their agenda and continue increasing profits for their shareholders.

        The insurance argument: “How is this McDonald’s fault? She spilled it. Everyone knows coffee is hot.”

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        Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

        150 150 Marc Perper

        Marc A. Perper, a partner and Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates, was asked to explain the difference between the statutory fee structure in Illinois and the statutory fee structure in Florida following a Florida Supreme Court decision.

        The Florida Supreme Court recently declared that the statutory caps on claimants’ attorney fees in the Florida workers’ compensation system are unconstitutional and a violation of an injured worker’s due process rights.

        The Florida workers’ compensation statute allows for an attorneys’ fee equal to 20% of the first $5,000 in benefits secured for a client, 15% of the next $5,000 and 10% of any amount secured in excess of $10,000 with no room for exceptions.

        In its decision for Castellanos v. Next Door Co., the Florida Supreme Court ruled that this structure creates a disincentive for claimants’ attorneys to take on “low-value complex” cases.

        According to Marc Perper, there is a major distinction between the Illinois and Florida acts. In Illinois, workers’ compensation attorneys get 20% of the settlement or award and this total is not to exceed the 364-week cap. However, when a full 20% fee exceeds the 364-week cap, attorneys can petition the Illinois Workers’ Compensation Commission for a fee in excess of the 364-week cap. As long as the client agrees to the fee, there is usually no problem in getting the commission to approve it.

        Due to publishing restrictions, the story is no longer available to read on our website. To read the full story please visit WorkCompCentral: Strict Limits on Attorney Fees, Now Overturned, Stand Out Among States

         

        What is Temporary Total Disability Under the Workers Compensation Act in Illinois?

        150 150 Clifford Horwitz

        What is Temporary Total Disability?

        Temporary Total Disability (TTD) is a weekly benefit that is two-thirds of your average weekly wage (AWW), granted it is within the minimums and maximums that are stated by the Illinois Workers Compensation Commission. These minimums and maximums can be found at:http://www.iwcc.il.gov/benefits.htm. Like all benefits under the Workers’ Compensation Act, temporary total disability is tax-free. Insurance adjusters routinely underestimate injured workers’ total temporary disability rates, so it is important that you make sure you are not being underpaid.

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        Cliff Horwitz Talks Patrick Kane on the Kap and Haugh Show

        150 150 Clifford Horwitz

        On Friday, August 7, 2015, Clifford Horwitz spoke on the Kap and Haugh Show (Comcast SportsNet), hosted by Chicago’s very own – Dave Kaplan and Dave Haugh. The talk was focused towards understanding the recent allegations of Chicago Blackhawk star, Patrick Kane, from a legal (civil law) perspective.

        The original segment from the Kap and Haugh Show can be viewed on Comcast SportsNet’s Website.

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        What is a Contingency Fee?

        150 150 Clifford Horwitz

        What is a Contingency Fee?

        When a person is injured and considering hiring an attorney, they often question whether or not they can afford legal representation, and ask, “Do I need to pay an attorney up front?”

        In many cases, the injured person will try (often unsuccessfully) to manage their own circumstances because they believe they cannot afford representation.

        In cases of personal injury, most experienced and reputable firms offer what’s called a Contingency Fee contract to eliminate any financial concerns about attorney fees and other costs up front.

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        Immunity Plea Becomes Icy Failure for City of Park Ridge: Suing a Municipality

        150 150 Clifford Horwitz

        After an ‘unnatural accumulation’ of snow and ice formed on a city sidewalk due to the negligence of a city snow plow operator – making the sidewalk impassable — a woman was forced into the street and was subsequently hit by a car.  She brought suit against the city for her injuries citing negligence.

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        Depression after a Traumatic Brain Injury

        150 150 Clifford Horwitz

        Depression After Traumatic Brain Injury (TBI)

        No other condition presents itself in such a disguised, varied and riddled form, or invokes the darkness of emotional and physical pain, more so than depression.

        While any serious physical injury can, and often does present some level of risk for depression, the risk for depression following a traumatic brain injury is extremely high; according to one study, 60 out of 100 patients report one or more bouts of severe depression shortly after their brain injury occurred. A potential reason behind this high risk is that a common side effect of the medication taken for pain following such injuries is depression.

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        Chinese Drywall Settlement Leaves Homeowners Woefully Unsettled

        150 150 Clifford Horwitz

        Chinese Drywall Class Action Lawsuit

        Sometimes, even if you win a class action lawsuit it can still feel like a loss.

        Around 80% of a $12M award has now been issued to 262 Virginian homeowners as a result of a class action lawsuit involving Chinese drywall that left many homeless, sick and broke. Other cases are still pending around the county.

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        Red Bull Settlement

        150 150 Clifford Horwitz

        “Red Bull gives you wings” – Consumers Claim False

        A lot of us have heard the Red Bull company advertising slogan, “it gives you wings,” which surrounds a media campaign based in extreme sports like mountain biking, BMX, motocross, windsurfing, base-jumping, snowboarding, skateboarding, wakeboarding, surfing, skating, and Formula 1 racing among others. As it turns out, Red Bull will not give you wings. But, Red Bull will give anyone who purchased a can of Red Bull over the past 10 years either a check for $10 or a voucher for $15 worth of Red Bull products due to a recently settled Class Action law suit brought against Red Bull.

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        Accident Lawyer News: Hit-and-Run Roundup

        150 150 Clifford Horwitz

        Illinois Hit and Run Accidents

        Hit-and-run accidents are a growing problem all across the nation, and they occur more often than you’d think. The AAA Foundation for Traffic Safety estimates that hit-and-run drivers cause 11 percent of all crashes in the United States. If the foundation’s numbers are correct, there were approximately 617,000 hit-and-run accidents in 2012.

        Of course, some of these accidents only involve property damage, but many hit-and-run drivers injure bicyclists and pedestrians each year. As you might imagine, most car accidents involving pedestrians end in tragedy.

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