Page 51 - FOP_Magazine_ February2019

An article submitted by a Lodge 7 Magazine Sponsor
TED McNABOLA
Personal Injury Law: Know your rights
Police officers are trained to be observant and rec- ognize when something is amiss and requires further investigation. However, in the civil context, the perpe- trator might not be so squarely in the line of sight.
Some things are obvious, like motor vehicle acci- dents. Ninety-five percent of the time, a driver is at fault. Not so in other personal injury cases, like prod- ucts liability, when defective products cause injury or death. For example, there are many products that of- ten fall below the radar, like machinery or medical de- vices such as joint replacements. In fact, officers may have experienced carbon monoxide issues with their
vehicles or issues related to a defective firearm.
I represented a Chicago Police Officer who suffered a permanent
eye injury during a LASIK procedure due to a defective surgical de- vice. Since he no longer qualified for his firearm, he received com- pensation in excess of his lifetime earnings along with monies for future pain and suffering and disability.
Professional negligence weaves an even more tangled web. Neg- ligence may be committed by one or more professionals such as a doctor, healthcare provider or caregiver. Other, less obvious cases involve professionals like architects or engineers — think structural disasters such as a porch or bridge collapse.
Nonprofessionals also can be negligent: Landlords and busi- ness owners have been found culpable for all manner of negligent conduct. This usually encompasses what we call premises liability
— like failing to repair steps or provide adequate security, creat- ing hazards by not putting warning signs on wet floors, or failing to replace batteries in smoke detectors. All of these non-actions can result in a compensable injury.
Uncovering wrongful conduct requires careful inquiry and often collaboration with experts. That has been my job for more than 25 years, but I cannot help if an injured party does not realize when they have been the victim of negligence.
So, just as a police officer is trained to detect suspicious circum- stances, when someone is injured, the totality of facts must be examined—both the behavior of the parties and the substance of their responses to inquiry. Has anyone accepted responsibility or apologized? Or are they going the other way, refusing to communi- cate and becoming suddenly inaccessible? There are many tips that reveal something is awry, and the next move should be to consult a personal injury attorney.
There is no downside to meeting with an attorney.
Plaintiff’s attorneys work on a contingency fee basis, meaning we do not get paid unless our client gets paid. Even if we spend tens of thousands of dollars on expert witnesses, depositions and medical records, we are willing to bear the risk that we will never be reimbursed. Plaintiff’s attorneys share law enforcement’s dedica- tion to justice; we’re just looking for the culprits in different places.
Ted McNabola is the founding partner of McNabola & Associates, serves on the Board of Directors of the 100 Club of Chicago and has been named a Top 100 Consumer Attorney in Illinois.
Personal Injury Wrongful Death Medical Malpractice
• Selected as a Top 100 Consumer Lawyer in Illinois
• Wins 98% of cases accepted
• Martindale-Hubbell’s highest rating for ethical standards and legal ability
• Successfully represented many Chicago Police Officers
• Serves on 100 Club of Chicago Board of Directors
Free Consultation (312) 888-7000 • www.injuryillinois.com
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