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More Recognition for Warner & Zimmerle Lawyers!!

We’re proud to announce some significant accolades for both of our attorneys!

Mike Warner was nominated by his peers as a Leading Lawyer in the areas of:

ADR Law: Personal Injury;

Personal Injury: Professional Malpractice Personal Injury Law; and

General Workers Compensation Law.

Additionally, Mike was the most often recommended Personal Injury Plaintiff’s lawyer in the Illinois Quad City area! Being nominated as a Leading Lawyer is a great honor, as it is an award given to less than 5% of the lawyers in the state.

Likewise, Howard Zimmerle was nominated by his peers as an Emerging Lawyer in the areas of:

Personal Injury Law: General; and

Workers Compensation Law.

This award is given to less than 2% of lawyers under age 40 in the state of Illinois.

As always, we are proud of our attorneys, and we couldn’t do our jobs without great clients and an outstanding support staff. You can contact us at 309-794-1660 or hzimmerle [at] mjwlaw.com.

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Why Haven’t I Served on a Jury?

As soon as I sat down to write this, I realized that I should have called the post “How to Get Out of Jury Duty” and gotten a lot more hits. Oh well – the current title will find the right people. People like me, who never get called for jury duty and wonder why.

I saw an article on FiveThirtyEight discussing that same issue. It first cites a small DRI survey noting that 27 percent of US adults had served on a jury at some point. That seems about right – maybe even a little high.

The article also discusses some of the basics – people picked for jury selection must be US citizens, must not be felons, and must have enough English proficiency to do the job. There’s more to it though.

In Illinois, the jury pool is picked from (a) registered voters, (b) drivers license holders, (c) disability identification card holders, and (d) applicants for unemployment. In Iowa, the jury pool is picked from (a) registered voters, (b) drivers license holders, and may include (c) “any other current comprehensive list… including lists of public utility customers”. Obviously this excludes a lot of people – those who don’t drive, haven’t registered to vote, and don’t have any utilities in their name. Quite frankly it excludes a lot of lower income people and people of color. The nature of the citizenship requirement also excludes a significant percentage of the Hispanic population – which often includes Resident Aliens who are not US Citizens.

Even if the system worked well, it could still miss some people. At this moment, my drivers license expired two days ago. It doesn’t list my current address. My voter registration is still at two houses ago – I always mean to get that changed, but I never do… there’s a chance I could have been called but fell through the cracks. I’m not alone.

Finally, one other aspect is the vanishing jury trial. For some reference, there were over 12,000 jury trials in federal courts in 1985. That number fell to just over 2,000 in 2010. State Courts are no different – Iowa, for example, had 1,426 jury trials in state court in 1995, but only 815 in 2014. There are many reasons for that, but the main point is that asking “Why haven’t I served on a jury” may be like asking “Why haven’t I seen a Black Rhino?” They’re both endangered – there just aren’t as many as there used to be.

(Howard Zimmerle is a lawyer practicing in Rock Island Illinois and Davenport Iowa. He can be reached at hzimmerle [at] mjwlaw.com or at 309-794-1660). 

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New Iowa laws help car accident victims get a fair trial

Howard Zimmerle:

Just a quick overview of some of the new Iowa Civil Procedure rules on one of my other blogs…

Originally posted on Iowa Car Accident Law and Facts:

Happy New Year!

One of the interesting things we see each new year are the new laws that go into effect. The State of Iowa adopted some new rules for smaller court cases that will help anyone who has been hurt in an accident get a fast and fair trial.

The cases that make the news are the big ones – the cases in the hundreds of thousands of dollars or in the millions of dollars… and we handle those cases. We also handle much smaller cases – and let’s face it – most auto accident cases are smaller than that. In many cases our clients simply need our help to get their medical bills paid, along with a few thousand in lost wages.

When it came time for settlement discussions, one of the hard realities was that the trial process can be expensive and can take a long time…

View original 386 more words

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Understanding Illinois’ New Settlement Statute

Illinois recently enacted a new settlement statute, with the goal of alleviating some of the hassles of the personal injury practice. 

We’ve all had cases that have settled but still sat on the shelf for weeks or months due to insurance company delays or lien issues. My partner taught me very early on that a plaintiff’s lawyer’s work isn’t nearly done when the case is settled. 

735 ILCS 5/2-2301 to the rescue*

*to the rescue like someone who calls 911, not someone who actually helps beyond that. It’s a nice statute, but it’s not wearing a cape and flying in to save anyone.

So what does the new statute do?

          1. Defendants must tender a release within 14 days of written confirmation of the settlement.

  • Practice point – after a settlement is agreed to orally, confirm it right away in writing or email. That gets the clock ticking.

          2. A settling defendant must pay all sums due within 30 days after the tender of the executed release.

  • Note that “tender” of the release means personal delivery or delivery with return receipt. In other words, drop it off or send it certified mail.

          3. The plaintiff may protect liens/subrogation interests by agreeing to hold the amount of the claimed liens/subrogation interests in his trust account until the lien/subrogation interest is resolved.

  • Why is this important? In theory, it means that if the plaintiff’s attorney sends the defendant a letter (along with the letter confirming settlement if you’re really on the ball) agreeing to protect those third party interests, there should be no need for anyone else’s name to appear on the check. Likewise, a plaintiff’s attorney can get the ball rolling with the settlement check while continuing to negotiate any liens or subrogation interests.

The scuttlebutt at the moment is that some insurance carriers are refusing to abide by the new statute – especially where Medicare is involved. The statute provides for costs and interest if the defendant does not pay in time. Not sure if that provides enough bite to keep the insurance companies from doing what they normally do, but at least it’s another arrow in the quiver. 

(Howard Zimmerle is a trial lawyer concentrating in personal injury, car accidents, medical malpractice and workers compensation. He practices in Davenport, Rock Island, Moline, Bettendorf, and most of Iowa and Illinois. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com)

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So William Shatner is doing ads for a “local” law firm – what does that mean?

A certain firm (I won’t link to them) has been flooding the Iowa airwaves with TV ads featuring William Shatner. We all love Shatner, right? He’s Captain Kirk! He’s Denny Crane! He was on that episode of the Twilight Zone where the Gremlin attacks the plane!

So if this firm could get William Shatner’s support, they must be pretty good, right?

Well, here is William Shatner shilling for some other law firms:

Some firm in Bakersfield California

This one in Virginia

This one in Detroit

You get the idea. There’s a company that cranks these ads out for law firms all over the country. Sometimes they claim to be “local” and say the name of your community when they are in, say, Wisconsin. 

That’s not to say that firms who use these ads are bad lawyers. Or good lawyers. I’m sure some are good, some are bad – all have a good advertising budget.

Just know what’s going on. Do your research when picking a lawyer. 

(Howard Zimmerle is an attorney with Warner & Zimmerle. We have offices in Rock Island Illinois and Davenport Iowa. We don’t claim to have other offices. William Shatner has never said our name, to the best of our knowledge. You can reach us at 309-794-1660 or hzimmerle [at] mjwlaw.com). 

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Warner & Zimmerle Teams Up to Feed Illinois

This is a slightly different blog post today. It’s not legal news or trial tips. It’s a call to action.

Warner & Zimmerle has teamed up with the Illinois State Bar Association to fight hunger in our state through a fundraiser called Lawyers Feeding Illinois. 

An estimated 1.9 million (!!) people are going hungry in the state of Illinois. A $1 donation will provide 5 meals.

The statewide goal is 1 million meals – and we’re trying to do our part.

Click here to donate – even $1 helps!

(Warner & Zimmerle is a law firm in Rock Island, Illinois, helping injured people in Iowa and Illinois. They can be reached at 309-794-1660).

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New Illinois Medical Malpractice Law

Governor Quinn recently signed Public Act 97-1145 into law, changing one big thing and clarifying another big issue in Illinois medical malpractice cases.

First, attorneys fees on medical malpractice cases are now capped at 33 1/3% of the total recovery. There had previously been lower caps as case values increased. This is important for all attorneys to pay attention to for new or future cases. I think it’s a good thing, as med mal cases tend to be the toughest, longest, and most expensive cases personal injury lawyers handle.

The act finally codifies the current version of the 2-622 expert certification requirement:

(735 ILCS 5/2-622)  (from Ch. 110, par. 2-622)
    Sec. 2-622. Healing art malpractice.
    (a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by
reason of medical, hospital, or other healing art malpractice,
the plaintiff's attorney or the plaintiff, if the plaintiff is
proceeding pro se, shall file an affidavit, attached to the
original and all copies of the complaint, declaring one of the
following:
        1. That the affiant has consulted and reviewed the
    facts of the case with a health professional who the
    affiant reasonably believes: (i) is knowledgeable in the
    relevant issues involved in the particular action; (ii)
    practices or has practiced within the last 6 years or
    teaches or has taught within the last 6 years in the same
    area of health care or medicine that is at issue in the
    particular action; and (iii) is qualified by experience or
    demonstrated competence in the subject of the case; that
    the reviewing health professional has determined in a
    written report, after a review of the medical record and
    other relevant material involved in the particular action
    that there is a reasonable and meritorious cause for the
    filing of such action; and that the affiant has concluded
    on the basis of the reviewing health professional's review
    and consultation that there is a reasonable and meritorious
    cause for filing of such action. If the affidavit is filed
    as to a defendant who is a physician licensed to treat
    human ailments without the use of drugs or medicines and
    without operative surgery, a dentist, a podiatrist, a
    psychologist, or a naprapath, the written report must be
    from a health professional licensed in the same profession,
    with the same class of license, as the defendant. For
    affidavits filed as to all other defendants, the written
    report must be from a physician licensed to practice
    medicine in all its branches. In either event, the
    affidavit must identify the profession of the reviewing
    health professional. A copy of the written report, clearly
    identifying the plaintiff and the reasons for the reviewing
    health professional's determination that a reasonable and
    meritorious cause for the filing of the action exists, must
    be attached to the affidavit, but information which would
    identify the reviewing health professional may be deleted
    from the copy so attached.

(Howard Zimmerle is a medical malpractice lawyer in the Quad Cities of Illinois and Iowa. He can be reached at 309-794-1660 or hzimmerle [at] mjwlaw.com)

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