Home -> Law Blog Directory -> Litigation Blogs -> Illinois Lawyer Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Litigation
: Illinois Lawyer BlogFUTURE PAIN & SUFFERING
By Mark P. Loftus, Esq.
Read an interesting case today on the issue future damages. In Maddox v. Rozek, the First District Appellate Court of Illinois was faced with an issue involving future damages. Specifically, after a verdict for plaintiff in an auto case, the defense appealed, arguing that the jury should never have received an instruction on future pain and suffering because their was no expert[i.e. doctor]witness who testified that plaintiff would have problems in the future.
After surveying the law, the Court held that where future pain and suffering can be objectively determined from the nature of the injury, the jury may be instructed on future pain and suffering based solely on lay testimony. When future pain and suffering is not apparent based simply on the injury, or is subjective, the plaintiff is obligated to present expert testimony.
Bottom line? If your client doesn't have a cringe-inducing injury[loss of an eye is an example cited by the Court] get an expert.

Full post as published by Illinois Lawyer Blog on November 17, 2009 (boomark / email).
Construction Site Accidents
Lawsuits related to accidents
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Duragesic Pain Patch
alleging harm from defective pain patches.
Shoulder Pain Pump
alleging defective pain pump can cause injury during surgery.
Nationwide Recall Of All Lots Of Tylenol Arthritis Pain 100 Count With Ez-Open Cap
Tylenol Arthritis Pain 100 Count With Ez-Open Cap All Lots Recalled Nationally
Unsafe Work Site
Employee awarded $2.5 million personal injury settlement after suffering burns to his lower body.
Donjoy Inc. and DJ Ortho, Canada Inc.
alleging pain pumps are linked to chondrolysis.
Cipro
The FDA is seeking to add black box warnings of the risk of tendon rupture associated with Cipro and Levaquin.
The ruptures can involve Achilles tendon, shoulder, hand, bicep or thumb tendons, and is especially increased in patients older than 60, or people who have received kidney, heart or lung transplants, as well as people on steroid therapy...

Fourth District: Future Pain and Suffering
Recent Pain-and-Suffering Awards
PART 2 of 10: The economics of non-economic damages. The curious case of David Fitzgerald.
Did Shoulder Pain Pump Cause Deterioration
Pain-and-Suffering Awards for Hip and Pelvis Injuries







