Martin Law, LLC

How pre-existing conditions affect a personal injury claim

2026-07-22T19:26:48Z

If you suffered an injury in an accident but already had a medical condition, you may worry that your earlier health problems will prevent you from recovering compensation. Many people in Illinois share this concern. However, a prior injury or illness does not automatically stop you from filing a claim. Knowing how Illinois law treats earlier medical conditions can make your options clearer.

How Illinois law protects people with pre-existing conditions

Many people hesitate to file a claim because they think insurance companies will blame all of their pain on an earlier injury. You may have lived with back pain from a previous job or managed arthritis for years. If a car crash or slip and fall makes those problems worse, you may wonder if you can still recover compensation. Insurance companies may argue that your current pain comes from your earlier medical condition instead of the accident. That claim often makes people question whether they have a valid case. Under Illinois law, a defendant is liable for the aggravation of a pre-existing condition caused by their negligence, as well as for entirely new injuries resulting from the accident. The plaintiff must prove that the defendant's negligence was a proximate cause of the increased symptoms or damage.

Understanding the “Eggshell Plaintiff Rule”

Illinois follows the eggshell plaintiff rule. This rule protects people who already have adverse medical conditions. It means the person who caused the accident must take you as they find you. For example, a person with brittle bones may break a leg in a fall that would not have injured someone with healthy bones. Even so, the negligent party may still be responsible for the full injury. Under Illinois law, a jury cannot reduce or deny damages just because a pre-existing condition made the person more likely to get hurt. The same rule applies to physical injuries, chronic illnesses and psychological conditions.

Proving the accident made your injuries worse

To succeed in your claim, you must show that the accident made your injuries worse. You need to show such things as new symptoms, increased pain or reduced mobility after the incident. Medical records often provide the strongest proof. Records from before and after the incident show how your condition changed. Your medical providers can explain how the incident made your injuries worse. Imaging studies, pain evaluations and changes in your treatment plan also support your claim.

Building a stronger claim

Build your claim by keeping good records. Follow your treatment plan and track changes in your symptoms. These records create a clearer picture of your injuries. You should also write down how your injuries affect your work, daily activities, and quality of life. These details show how the accident changed your health and support your claim. Keep in mind that in most cases, Illinois law gives you two years starting from the date you receive an injury to file a lawsuit. Filing to meet this deadline will likely prevent recovery.

Taking steps to strengthen your claim

Your medical history does not take away your right to seek compensation after an accident. Keep detailed records, follow your treatment plan and document changes in your symptoms. These steps strengthen your claim, show the full effect of your injuries, and help you move forward with greater confidence.

Wrongful death lawsuits in Chicago: a legal guide for families

2026-06-24T14:07:54Z

A family in Chicago loses a loved one in a preventable accident. In the weeks that follow, they face not only grief but a set of legal deadlines that begin running immediately, regardless of how much time they need to heal. Understanding those deadlines, and who has the legal authority to act on them, is the first step toward protecting the family's financial future. The sudden loss of a loved one due to someone else's negligence causes profound trauma. During this period, Illinois law offers families a mechanism to pursue financial recovery and prevent the economic destabilization of surviving dependents through the Illinois Wrongful Death Act.

Who has the legal authority to file

A common misconception is that a spouse or child can file a wrongful death lawsuit directly in their own name. According to state law, the action must be filed exclusively by the personal representative of the decedent's estate. When the decedent left a valid will, the appointed executor must apply for Letters of Office from the probate court before the lawsuit can proceed. When no will exists, the court appoints an administrator following a statutory order of priority. In either case, the personal representative acts as a fiduciary, managing the litigation for the benefit of the surviving spouse and next of kin. Understanding this procedural requirement early prevents costly delays in filing.

Types of recoverable damages

Illinois wrongful death claims allow families to pursue two broad categories of compensation. Economic damages include projected lost income, calculated with the help of forensic economists, as well as the value of domestic services the decedent provided. Non-economic damages cover the loss of companionship, the loss of the marital relationship, and the emotional suffering of surviving family members. It is also important to distinguish a wrongful death claim from a Survival Action. A wrongful death claim addresses the losses the family suffers after the death. A Survival Action, by contrast, allows the estate to recover for the medical expenses and physical pain and suffering the decedent endured before passing. Both claims can often be pursued simultaneously, and missing either one can leave a significant portion of potential recovery on the table.

Strict time limits

The standard statute of limitations for a wrongful death claim in Illinois is two years from the date of death. When the defendant is a public or municipal entity, such as the City of Chicago or the Chicago Transit Authority (CTA), the Illinois Tort Immunity Act shortens that window to one year. Acting quickly also serves a practical purpose. Electronic records, corporate logs, and surveillance footage are often deleted on routine schedules, sometimes within days or weeks of an incident. Preserving that evidence requires prompt legal action. A Chicago wrongful death attorney can guide the family through both the probate process and the civil litigation, helping surviving dependents focus on recovery while the legal process moves forward.

Medication management must be properly handled in nursing homes

2026-06-11T17:06:41Z

People who need assistance with the daily activities of life may move into a nursing home where they can have the staff members help them with those activities. While most people think about things like assistance with mobility, hygiene and meals, medication management is another task that they may need help with. Medication plays a major role in nursing home care, so it’s critical that it’s managed properly. Some residents may have several prescriptions, so things like changes in dosage, timing or drug combinations are often possible.

What happens when medication is mismanaged?

Medication mismanagement can involve missed doses, incorrect medications, duplicate doses or poor monitoring. In some cases, mismanaged medications can lead to the resident becoming withdrawn, restless, confused, drowsy, restless or weak. It can also lead to significant medical harm. Family members may be among the first people to notice that something is amiss. Common warning signs include the resident having unexplained falls, dizziness, changes in speech, new tremors, unusual agitation, changes in sleep patterns or loss of appetite. Sometimes, physical symptoms like low blood pressure, bruising or dehydration might be concerns.

What can family members do to minimize the risk of medication mismanagement?

It is the nursing home's responsibility to ensure that medications are managed properly, but family members can still play a pivotal role in helping to keep a resident safe. A trusted family member should keep a record of all medications the resident is taking. The record should include the name, dose, frequency, and reason for the medication. It may be beneficial to keep copies of discharge papers and medical records. In Illinois, concerns about nursing homes, including medical mismanagement, can be reported the state authorities. These reports should be comprehensive so the authorities can investigate properly and take action when necessary. If a resident’s medications aren’t managed correctly and they suffer harm, a legal claim may also be warranted. This can be a challenging undertaking, so working with a legal professional who can build the case and get it moving forward may help to minimize the stress and injustice associated with the situation.

Who is liable for a slip-and-fall at a Chicago rental home?

2026-06-10T14:45:54Z

Living in apartments and rented homes is a relatively commonplace arrangement in the Chicago area. Young families, professionals developing their careers and countless others live in rental homes leased from owners or businesses. One of the benefits of renting instead of buying is that the landlord is generally responsible for property maintenance. They have an obligation to repair any serious issues in individual units and to maintain any shared spaces, such as stairwells, hallways and parking lots. When tenants or their visitors slip and fall in an apartment building or its parking lot, they may have questions about who is actually liable. Who covers the costs of an apartment building slip-and-fall in Chicago?

Landlords are often liable

Landlords owe a duty of care to their tenants and members of the public. They should keep their properties in reasonably safe condition. Doing so requires that they inspect the property regularly, have professionals on hand for maintenance and address snow or ice accumulation in parking lots and other common areas promptly after precipitation. The failure to do so is a breach of duty that can create liability for the landlord. The concept of premises liability in Illinois makes property owners and businesses responsible for the economic and other consequences of failing to keep the property in safe condition. Provided that the injured person can show that the landlord or property owner was negligent about property maintenance, they could potentially file a premises liability claim seeking compensation for not only economic expenses such as medical bills, property damage, and lost income, Proving that a landlord breached their duty of care generally requires evidence. People who slip and fall may need to take pictures of hazards that contributed to the incident, such as an unlit stairwell or an icy parking lot.

Evidence is key

Preserving that evidence as soon as possible helps ensure that injured people can take legal action. They likely also need to seek medical care so that there are official records of their injuries that corroborate their claim that a slip-and-fall hurt them. With evidence of negligence and the consequences a tenant or visitor sustained, an injured party may be able to pursue a premises liability lawsuit or an insurance claim. Discussing what led to an apartment building slip-and-fall can help injured people understand their rights. When landlords fail to maintain their properties, they may be liable for the harm that their negligence causes others.

Understanding your rights after a rideshare accident in Cook County

2026-06-08T21:46:01Z

Hailing an Uber or Lyft is an effortless way to navigate downtown Chicago or travel to the airport. However, because the streets of Cook County are highly congested, rideshare vehicles are frequently involved in severe collisions. If you are injured as a passenger, or if your personal vehicle is struck by a rideshare driver, resolving the subsequent injury claim introduces a complex web of corporate liability, independent contractor defense tactics, and shifting insurance policies.

The rideshare trap: shifting insurance coverage tiers

Under the Illinois Transportation Network Providers Act, rideshare insurance coverage is not constant. Because drivers are independent contractors, corporate liability fluctuates automatically based on the digital status of the app at the exact moment of impact:

Period 1 (the app is switched off): If the driver is operating their vehicle with the app completely shut down, corporate insurance does not exist. The situation is treated as a standard private collision under the driver’s personal Illinois auto policy
Period 2 (app active, waiting for a match): When a driver has the app open but is actively waiting for a passenger request, a limited contingent window opens. Under Illinois law, this contingent corporate policy maxes out at $50,000 for bodily injury per person and $100,000 total per crash
Period 3 (ride accepted or passenger present): The moment a driver accepts a request or a passenger enters the vehicle, a primary $1 million third-party liability policy activates

Identifying the driver's precise app status at the exact second of the crash is the single most critical factor in determining whether the $1 million corporate policy applies to your medical bills.

Critical steps to take at the scene of the crash

Rideshare corporations and their claims adjusters are highly aggressive when minimizing corporate exposure. To protect your claim, you must take active control of the digital and physical evidence while still at the scene:

Capture instant app screenshots: If you are a passenger, immediately screenshot your app interface before the trip is archived, capturing the driver’s name, vehicle plate, and your exact route map.
Verify driver application connectivity: If you are a third-party motorist struck by a rideshare vehicle, ask the driver point-blank if their app was active and safely take a photograph of their trip matching screen if they cooperate.
Summon emergency services for an official record: Call 911 immediately so Chicago Police or Cook County Sheriff's deputies respond. A formal police report creates an official, unalterable record of the time and date of the wreck.

Securing immediate digital screenshots prevents the rideshare platform from retroactively manipulating connectivity logs to push your claim into a lower insurance tier. Reviewing the statutory rules for Illinois rideshare accidents is an essential step toward bypassing these corporate roadblocks. To defeat these defense tactics, your legal counsel can issue immediate preservation demands to subpoena the GPS telematics data and log-in histories directly from corporate headquarters. Taking a firm stand ensures the correct insurance tier is held legally responsible, protecting your ability to recover full compensation for medical expenses and lost wages.

5 steps to take if you suspect hospital negligence in Chicago

2026-05-27T16:58:10Z

Concerns about possible hospital negligence in Chicago can feel overwhelming, especially when health outcomes do not match what you expected. While not every complication points to an error, some situations may raise questions that deserve closer attention. In these moments, focusing on clear facts rather than assumptions can help you stay grounded and begin organizing what happened.

Practical steps to take if you suspect hospital negligence

If you are uncertain about the care you received, the following steps may help you begin building clarity and structure around your situation.

1. Notice early warning signs in your care

When something feels off during or after hospital treatment in Chicago, pay close attention to what changed and when. You might notice unexpected complications, delayed responses or instructions that seem unclear. While medical outcomes can vary, tracking these details early may help you better understand the overall sequence of care.

2. Request your complete medical records

One important step involves requesting your full medical records from the hospital. Under federal law, you generally have the right to access your records and Illinois law also supports patient access rights. To stay organized, you may consider requesting:

Doctor and nursing notes from each visit or admission
Lab results, imaging reports and other test findings
Medication charts and treatment records
Discharge summaries and follow up instructions

Once you receive the records, reviewing them together may help you better understand how your care progressed.

3. Build a detailed timeline of events

A written timeline can help you piece together what happened step by step. You might include when symptoms began, when you received treatment and how your condition changed over time. Even small details, such as delays or repeat visits, may become important when you look at the full picture. Also, including questions you posed to the healthcare professionals and their responses as accurately as you can. Identify the health care professionals by name and position, if possible. This type of recordkeeping can also help when you review medical documents that use technical terms or involve multiple providers.

4. Keep all communication and documents organized

Staying organized can make a complex situation easier to manage. You may want to keep emails, discharge papers, bills and test results in one place. This also includes written instructions from the hospital and any notes you take during calls or appointments. As a result, having everything together may help you notice patterns that are not immediately clear when information sits in separate places.

5. Track your symptoms and changes over time

Monitoring your symptoms after treatment can also provide helpful context. You might note pain levels, new symptoms or gradual improvements from day to day. This can help you compare your experience with what you expected during recovery. A simple daily log often works well, especially when paired with your timeline and medical records, since it helps show how your condition developed over time.

Bringing your information together

Taken together, these steps may help you create a clearer, more organized picture of your care experience. While medical outcomes can vary and different factors may play a role, keeping detailed records and tracking information can support a more informed understanding of what happened and what options may follow if there is a medical malpractice claim.

Clearbrook and Northwest Special Recreation Association LLC Face Lawsuit for Autistic Man’s Injuries

2026-05-27T07:59:13Z

May 21, 2026, CHICAGO, ILLINOIS-Jeffrey E. Martin and Shauna M. Martin of Martin Law, LLC, filed a complaint in the Cook County Circuit Court (2026 L 006002) against Clearbrook and Northwest Special Recreation Association, LLC (NWSRA) on behalf of Plaintiffs, CHRISTINE L. AUSTIN, Guardian of her 26-year-old son, NICHOLAS L. AUSTIN, a disabled person with Downs Syndrome and Autism. “PURSUIT was a collaborative program offered by Clearbrook and NWSRA for adults over the age of 21 with disabilities like our client, Nicholas,” said attorney Shauna Martin. “It’s a place that young adults, just like Nicholas, come to experience health and wellness, develop independence, and learn life skills.” “On August 14, 2025, all Nicholas’ progress and dreams were shattered when he was pushed out of a second-floor window onto a concrete slab,” Martin said. “The force of the impact caused fractures to both hips, multiple pelvic fractures, a fractured sacrum, bruising to his chest, and numerous other physical and emotional injuries.” “This tragedy occurred because the staff member responsible for the care and safety of Nicholas, and three other disabled adults with care plans requiring supervision, left them completely alone for an extended period of time,” said attorney Jeffrey E. Martin. “Video surveillance bears this out.” Martin went on to say, “Christine Austin placed her disabled son in the care of two organizations that were charged with one main task: keeping Nicholas safe. They failed Nicholas, and they failed Christine by enabling this unspeakable trauma." “For young adults with Down Syndrome like my son Nicholas, feeling a sense of trust and safety brings benefits like confidence and independence,” said Christine. “It enhances their overall quality of life. We gave that level of trust to Clearbrook and NWSRA, and they betrayed that trust.”

Key facts:

PURSUIT is located in the Vogelei House, 650 West Higgins Road, Hoffman Estates, IL
PURSUIT is a collaborative program presented by Clearbrook and NWRSA and licensed by the Illinois Department of Human Services, Division of Developmental Disabilities
Martin Law, LLC is located at 171 West Wing Street, Suite 201, Arlington Heights, IL
T (847) 956-0000 / F (844) 239-7473
Martin Law, LLC,

Media Contact

Mary Catherine Martin Martin Law, LLC admin@martinlaw.com #clearbook #NWSRA #autism #downssyndrome #specialneeds #disabled #martinlaw

Preparing Your Teen in Case of a Car Accident

2025-09-29T05:40:48Z

As a parent, it’s natural to want to protect your child, especially when they get behind the wheel for the first time. While you can’t control every aspect of the road, you can ensure your teen is prepared for the unexpected. Taking proactive steps now can make all the difference if your child is ever involved in a car accident. With the right knowledge and planning, you’ll help your teen manage stressful situations safely and with confidence.

What to Tell Your Teen Before an Accident Happens

The best preparation starts before anything ever happens. Give your teen the tools, conversations, and reassurances they need with these key tips:

Keep Emergency Contacts Handy: Make sure your teen has important contacts saved in their phone and knows how to find them quickly.
Understand Insurance Basics: Show your teen where the insurance card is kept in the car and explain its importance.
Know Immediate Steps: Practice what to do right after an accident—staying calm, checking for injuries, calling 911 if needed, and never leaving the scene.
Stay Calm Under Pressure: Let them know it’s normal to be stressed, but remind them that staying as calm as possible will help them make safe choices.
Be Respectful and Cooperative: Encourage your teen to be polite with other drivers and the police, but stress the importance of not admitting fault at the scene.

Having these important discussions before your teen ever faces an accident can help them respond effectively when it matters most.

Are You Liable for Your Teenager’s Car Accident?

As a parent, you may wonder whether you could be legally or financially responsible if your teen is involved in a car accident. The answer often depends on several factors:

Who Owns the Car: If the vehicle is registered in your name or you are the listed policyholder, you could be held accountable for damages or claims arising from your teen’s accident.
Insurance Implications: Your auto insurance will typically cover your teen as a listed driver on your policy, but at-fault accidents can raise your premiums and sometimes result in non-renewal of the policy.
Parental Liability: In some situations, parents may be held liable under "negligent entrustment" if they knowingly allowed an inexperienced or risky driver to use the family vehicle.

If your teen is at fault:

Report the incident to your insurance company as soon as possible.
Cooperate fully with the claims process, providing documentation and statements if necessary.
Consider consulting with an attorney if there are significant damages, injuries, or questions about liability.

Protect Your Teen and Your Family with [nap_names id="FIRM-NAME-1"]

At [nap_names id="FIRM-NAME-1"], we’re committed to helping local families navigate these tough moments. We understand the importance of family and the need to protect your children. If your teen has been in a car accident, let our family help yours. Contact us through our contact form or call us at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.

JUDICIAL CONFERENCE WARNS ABOUT FREEZE TO COURT SECURITY FUNDING

2025-09-18T15:39:06Z

As reported in the Chicago Daily Law Bulletin on September 18, 2025, the federal judiciary’s policy-making body maintains a stopgap budget measure proposed by Republican lawmakers that would freeze funding for judicial security at its current level through November which would threaten the safety of judges and courthouses, In a news release issued during its annual meeting, the Judicial Conference of the United States said the situation will become worse if the freeze is extended for a full year. The Judicial Conference has already warned that funding for security is inadequate, especially in light of a rise in the number of threats against judges, and that budget shortfalls have forced courts to put off needed upgrades to security equipment. To learn more, click on: GOP budget still freezes judicial security funding despite warnings from court leaders | Courthouse News Service

ABA Takes Steps to Protect Democracy, Rule of Law

2025-09-16T08:59:34Z

An American Bar Association task force recommends the oath the U.S. attorneys take before they start practicing law should be expanded to include a “commitment to upholding democracy and the rule of law,” Reuters reports. The proposal was part of an “ambitious” slate of a dozen recommendations meant to remedy the public’s eroding trust in government and the rule of law. The ABA’s bipartisan Task Force for American Democracy spent two years examining the problem. In addition to updating the attorney oath, the task force’s recommendations include bolstering civics education, adopting non-partisan primary elections and removing redistricting from the hands of politicians.

Chicago Daily Law Bulletin Sept 12, 2025