February 4, 2010

LeBron Wins! Medical Malpractice Caps Struck Down by Illinois Supreme Court

This is the third time Illinois’ highest court has ruled that artificial caps on medical malpractice damages are unconstitutional.

It makes sense, right? Who would you rather have decide your case – some politicians in Washington or Springfield who don’t know any of the facts, or 12 people from your community who have had the chance to hear and discuss all of the evidence? It should be a no brainer.

More on this opinion when I get the chance to read it.

(Howard Zimmerle is a medical malpractice attorney in the Quad Cities).

April 17, 2009

Traps for Iowa Lawyers

There are tons of traps for lawyers – little deadlines or rules that could easily be missed and screw up a case. Good lawyers know what they are and how to avoid them. Here’s one:

Iowa Rule of Civil Procedure 1.906 states that the clerk shall set a trial-setting conference in all cases within 90 days of filing. This conference is to be set within 150 days of filing. No problem, right?

Well what happens if you don’t get a trial setting notice? Clerks are great, hardworking, and do their jobs well, but things slip through the cracks occasionally.

The rule states that the parties are responsible for having a trial setting conference within 150 days. It doesn’t provide for a remedy if this doesn’t happen, but I wouldn’t want to find out.

(Howard Zimmerle is a trial lawyer practicing in Davenport and the surrounding areas).

April 17, 2009

Tips for understanding medical tests/conditions

This may be obvious for some of you folks… you know, along the lines of “check Google or Wikipedia.” But even for someone young and technologically savvy (not to mention handsome ;) ) as myself, I’m still kind of surprised about this:

Curious what a medical condition or test looks like? Check Youtube.

Yesterday I was trying to understand what a Trendelenberg gait was, and I wasn’t exactly understanding the wikipedia explanation. Turns out there are videos on Youtube to show exactly what it looks like.

I’ve done this in the past so I could see common tests like the Hawkin’s sign or Neer’s sign. It beats trying to read about it.

(Howard Zimmerle is a personal injury attorney in Rock Island and Moline Illinois, practicing in Illinois and Iowa).

March 11, 2009

New Iowa Cases – Three Interesting Ones

Hi folks… I’m swamped with actual work now, so too busy to blog much. Priorities and such, you know?

I did want to bring to your attention three new Iowa Appellate cases that may be of interest.

1. A UIM carrier can contract around the 10 year statute of limitations. Think you potentially have a UIM claim? Better check your policy, ASAP!

2. In Iowa Dram Shop Cases, the statute of limitations begins to run when notice is sent to the bar/tavern, not when the accident or injury happens. This is huge.

3. An interesting discussion of the “F word”. Apparently it’s not as f-ing shocking as it was in the 1880s (partially due to Rod Blagojevich… just read the opinion).

Read, enjoy, and comment if you want. Back to the salt mines for me.

(Howard Zimmerle is an accident and injury lawyer in the Illinois and Iowa Quad Cities)

March 6, 2009

Wow! New Illinois Workers Comp Case Helps the Injured, But Probably Wrong

One of the main fears of Illinois Workers Compensation attorneys (heck, any workers comp attorney, probably) is that, after settlements are drafted and approved and checks are sent out, it pops up.

What pops up? That medical bill that had been hiding in the client’s desk drawer, or lurking behind the bushes, or hanging from the client’s ceiling fan, waiting to pounce at the most inopportune time.

Make no mistake, this devious bill hates you. It hates clients, attorneys, and all good-hearted people in the world. It even hates the doctor who sent it (if it liked the doctor, it would have shown up by now and been paid). And puppies… boy does it hate puppies. (editor’s note: Mr. Zimmerle has no actual proof that neglected medical bills hate puppies… but he states he’s “pretty darned sure” so I’ll allow this in – ed.)

All hatred aside, this despicable little bill needs to be paid. (Make no mistake, this bill is rarely “little”). But whoops, the contracts are drafted and approved and make no mention of this bill at all. Normally it would be the client’s responsibility to pay this bill out of the settlement proceeds – leading to one unhappy former client.

However, the Fifth District Appellate Court put on its Superman cape and apparently saved those clients… at least for now. The new case of Hagene v. Derek Polling Construction indicates that those bills are still the employer’s responsibility, depending on the language of the settlement contract!

Now this contract language seemed pretty good to me. It listed all “Medical Expenses” without the bills at issue. The employer checked a box stating that it had paid all medical bills, and in a space to list the unpaid medical bills, none were listed.

It gets better.

The second page of the contract notes that the settlement is in “full, final and complete settlement of any and all claims… including… past, present and/or future medical and hospital bills.” It even states that the “Petitioner submitted to the Respondent all reasonable, necessary and causally related medical and hospital bills and that the Respondent has fully satisfied the same prior to the approval date of this contract.”

Wow. Somehow, the Fifth District still held the employer responsible for the unlisted, unpaid bills. I have to be honest… even though this case helps my clients and myself, I think it’s probably wrongly decided.

Nevertheless, good petitioner’s attorneys should know that this case is out there, and use it if ever confronted with one of those puppy-hating, neglected bills. Enjoy it now folks, because soon good defense attorneys will have learned how to contract around this case. Even Superman gets leapfrogged eventually.

(Howard Zimmerle is a workers compensation attorney from Rock Island, Illinois).

March 6, 2009

On the other site…

March 2, 2009

Important News for Iowa Lawyers

Due to budget cuts, the State of Iowa is closing courthouses for the following days this year:

March 20, April 10, April 24, May 8, May 22, June 5 and June 19, 2009.

Perhaps more importantly, for those of you (us?) out there who sometimes wait until the last minute to file things, be aware that district court clerks’ offices will close to the public at 2:30 pm on Tuesdays and Thursdays beginning March 24th. This order seems to indicate that, if a filing deadline falls on one of those days, the deadline would carry over to the next day. It scares me though.

Be aware, and let’s hope the courts get enough funding for 2009-10.

(Howard Zimmerle is an attorney practicing in Scott County, Iowa).

March 2, 2009

On my other blog…

Click here to read the first part of my entry explaining the basics of how Illinois Workers Compensation works.

March 2, 2009

Quick and Easy Ways to Estimate Vehicle Value for Property Damage Settlement

  

Any attorney who deals with car accidents will know just how important it is to resolve a client’s property damage claim as soon as possible. Of the many problems that face clients who have been in a car accident, the simple fact that they don’t have a vehicle for some time often creates as many headaches as anything else.

If you are working with a client and trying to assess what his/her vehicle was worth at the time of an accident, you should know about these three websites: (with one more cool thing to follow)

NADA Blue Book

Kelley Blue Book

Edmunds

The really cool thing, and the reason for my post, is this – what do you do if your client needs you to estimate property damage values for an older accident? Say, an accident that is a year old?

Edmunds lets you do “historical value pricing” to determine what your vehicle was worth in the past. You don’t get an answer right away, but they’ll send you an email with the info you need, and it’s free! I don’t usually shill for businesses, but I thought this was pretty cool.

Oh, and obviously, you’ll probably need a live witness to prove vehicle value at trial. If you’re looking for a quick and dirty way to estimate value, here’s your answer.

(Howard Zimmerle is an auto accident attorney in Rock Island and Moline Illinois).

February 27, 2009

Tips For New Attorneys – How to Dress for Court

This post is for the guys only. (Sorry Ladies… women’s professional fashions are soooo complicated, I wouldn’t know where to begin).

Most of this I learned on my own through trial and error. My purpose for writing this is not to chastise bad fashion choices, but to educate young lawyers like me who don’t know some of this stuff.

Young male lawyers – here are your basics as to how to dress appropriately:

(caveat: different areas have different styles. Your white shoe Manhattan firm might expect something like cuff links - and ironically, would not allow white shoes. Texas firms may like bolo ties. This is speaking from my experience as a midwesterner).

HAIR:

This doesn’t matter much. Keep it neat, even if it is a bit longer. No mohawks or unnatural colors. Keep it clean. Think of your clientele – would they feel comfortable with a lawyer who sports a pony tail or the Jim Halpert shaggy look?

SHIRT:

Here’s a hard and fast rule so you’ll never screw up – wear white dress shirts. Only white. You’ll hardly ever go wrong (as long as it’s a decent white dress shirt). What’s a decent white dress shirt? Its threads shouldn’t be visible by anyone who isn’t super close to you. It should be solid enough that people can’t see your chest hair/nipples/tattoos/etc through the shirt. No one wants that.

Buy wrinkle-free. Non-wrinkle-free shirts wrinkle, even if you ironed them that morning. Don’t be wrinkly shirt guy. Iron your wrinkle-free shirt.

Don’t buy cheap shirts. Your $8 Wal-Mart dress shirt will look bad. Your $20 JC Penney dress shirt will look good at first, but after several washes the wrinkle-freeness will become nipple-seethroughness. You don’t want that. Pony up a little bit for, say, the $50 dress shirt. It’ll look better and last longer.

Don’t want to wear white? Go with light, subtle, solid colors. Bright red shirts look bad. Dark blue shirts look bad. There are exceptions to all of this though, but if you have a good enough eye to know what they are, you wouldn’t be listening to me in the first place.

The final possiblity are white shirts with subtle stripes or patterns on them. Some people pull this off, but it has to be the right shirt. Here’s a tip if you really want to rock this look – go to your men’s clothing store, and look at the displays. If it looks great, feel free to go for it.

SUIT:

Wear one. There’s no excuse for buying anything other than matching suits when you’re a young lawyer. I can forgive the old guys who have mustard-colored houndstooth sport coats left over in their closets. Heck, I admire them for apparently staying the same weight since the 1970s. But you’re young. Don’t be that guy.

The exception to the above is owning a navy blazer. This works well if you didn’t wear a matching suit to the office, but you need to go to court unexpectedly. In my parts, it’s acceptable to wear a navy suit and khakis or gray slacks. Keep it in your office.

As for suits, go solid or pinstripe, but stay neutral. No green, unless you’ve won the masters. No light blue. No red, unless you’re a blood… and if you are, you should know there may well be crips at any major courthouse. I’d avoid it anyway. Stick with shades of gray (especially dark grey). Browns are ok for some people. Pinstripes should be small – do not look like you’re in the mafia.

Your suit doesn’t need to be super expensive. I can’t tell the difference anyway, so I’m guessing most people can’t. I CAN tell the difference between a decent suit and the cheapest suit you could find. Again, think threads – if they’re big and visible, you suck and need to find a better suit.

SHOES:

Black or brown. Solid colors, with the possible exception of brown saddle shoes if you can pull it off. They should match your outfit (in other words, no black suit and brown shoes). Black works with nearly anything. Shiny is good, but shoes don’t have to be military shined. They MUST clearly be dress shoes. If it looks like you could comfortably run in them, they are not dress shoes. If it looks like they have steel toes and should be work in a construction zone, they are not dress shoes. They should only look like they serve an orthopaedic function if they actually do.

My personal preference is against little tassle penny loafer looking shoes, but I’ve seen lots of great lawyers wear them, so feel free… if you’re that guy. Oh, and no boots (except maybe in Texas).

TIES/ACCESSORIES:

Ties should be simple patterns. Not too thin. No novelty ties (ie Budweiser, Cubs, Looney Tunes, etc). The simpler the pattern, usually the better. If your kids give you an ugly tie for fathers day, though, feel free to wear it. Oh, and I’m a big advocate of tie clips… otherwise I look like Dilbert. The tie should break below the top of your belt, but not below the bottom of your belt. Buy a decent tie – you can get name brands for really cheap at places like TJ Maxx. If you buy a cheap tie, it won’t make a good knot and won’t lay right. I learn from experience on this. No bolo ties (once again, the potential Texas exception may or may not apply).

Watches should be gold or silver-colored. The watch must match your other jewelry (in other words, if you wear a gold watch, your tie clip must be gold colored, as must your wedding ring, etc). Do not mix gold-colored accessories with silver-colored jewelry.

Jewelry should be minimal. If you absolutely need to wear your class ring or your BFF bracelet from your college roommate or something, do it, but try not to. Ideally men shouldn’t wear more than a watch, wedding ring and tie clip. If you wear a lot you’ll look like Bruiser in the Rainmaker. No one trusts that lawyer.

Belts must match your shoes. Keep the buckle simple (Texas exception?). Wear a thicker belt. Thin belts look bad. Don’t wear the newest, stylish, Abercrombie-esque belts with holes or fancy things. Keep it simple.

Did I miss anything?