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If you’re hiring a personal injury lawyer, it’s likely your first time doing so. Finding and meeting with a personal injury lawyer can be daunting, especially if you don’t know what questions to ask. Here’s what you can expect at your first in-person meeting with a personal injury lawyer:

Your consultation will likely be free of charge. You should always triple check, but most personal injury attorneys offer a consultation free of charge.

You will be asked many questions about your case. The attorney will want you to describe the accident that took place, so it may be helpful to write down everything you remember about the case prior to your consultation. Your attorney might also want to know your current state of health, details from your doctor, details of your insurance coverage, and how your injuries are affecting your daily life.

You should bring all documentation. To make the most out of your initial consultation, arrive at your meeting with all documentation and paperwork necessary for your lawyer to get an accurate picture of your care. Bring medical information and bills, accident reports, photos, proof of lost work wages, insurance information, and anything else that might help your lawyer make your case.

You should bring a list of questions you’d like answered by your lawyer before you start the case. An in-person meeting with your lawyer is the perfect time to get all of your questions answered. Make a list of questions to ask so you don’t blank when it comes time for you to get information.

You’ll need to sign a few forms. You will likely need to sign a fee agreement and/or another agreement formally establishing the lawyer as your attorney. You may also need to sign other documents, like medical release forms that will allow your attorney to access your treatment records.

By the end of your consultation, you should have a good idea of what your lawyer will be providing for you, and what you need to provide in return. You should know exactly what the fee structure will be like, and you should know what the next few steps are.

Schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

While many personal injury cases don’t go to trial, some do, and in those cases, witness testimonial is of utmost importance. Witness testimonies can go a very long way in helping the jury give you a favorable award.

Witness testimony typically consists of lay witnesses and expert witnesses. Lay witnesses are more commonly known as simply “witnesses.” These are witnesses to the case who are not experts; typically the plaintiff, the defendant, or someone who saw the accident happen. If you know of someone who witnessed your accident, it’s of utmost importance to get their contact information for this purpose. Expert witnesses are people who are permitted to testify at a trial because of extensive knowledge in a field related to the case. Expert witnesses in personal injury cases may include police officers, medical specialists or doctors, rehabilitation experts, and accident reconstructionists.

An accident reconstructionist is one of the most important expert witnesses in a car accident personal injury case. This person can go back to the scene of the accident, review police reports and other documents, and put together a picture of how the accident happened. This person is especially important in cases where there are no eyewitnesses to the accident.

One of the most important witnesses to testify at a personal injury trial is yourself! You can testify firsthand about what exactly happened, how injuries were sustained, and how it has affected your daily life since. Be sure to write your personal statement with the help of your lawyer, and have them walk you through potential questions you may be asked by other parties.

When you’ve found a witness, you should ask them to make a statement as soon as possible so memories don’t fade. You can ask them to write down what they remember from the accident, and your lawyer can help determine which information is critical to your case. If you are coherent directly following an accident, you should survey if there are any witnesses available and get their information for the future. A witness to the accident can help make or break your case.

Your attorney can help you find witnesses and utilize witnesses in the best way possible. They can help you track down witnesses, gather statements, weed through information and decide what is important to your case, and decide who to call to trial.

Schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

When searching for a personal injury lawyer, it’s important to arm yourself with all the information you can get. This attorney will be responsible for bringing you justice and peace of mind, and you have the right to all information available. These questions to ask a personal injury lawyer before hiring them are very common, and you can use them to pick the perfect attorney.

What are your fees? What fees will I be responsible for if I lose the case? Does the attorney work on a contingency basis?

It’s important to know what exact fees you will be responsible for, whether or not you win the case. Most lawyers work on a contingency base, which means they only take a portion of what you win from your case (meaning you don’t pay anything if you don’t win). You should know all of these fees upfront, especially as you may have mounting medical bills.

What is your success rate at trial? How many cases similar to mine have you taken in the past, and how did they turn out?

Most attorneys can provide information about prior cases and results, depending on their jurisdiction. You should definitely take prior case information with a grain of salt; this isn’t a guarantee of your results. However, you can get a better feeling of what your outcome could possibly be.

Who will handle my case? Will there be more than one attorney working on my case?

If you are working with a large law firm, chances are there will be multiple attorneys working on your case. You should know upfront who will be working on your case; not because you don’t trust the firm, but you have the right to full transparency. It’s worth noting that it’s common for multiple lawyers and paralegals to be working on your case, and this helps keep legal fees down. The Lyndsay Markley law team has only 3 dedicated members, so you will always know who is working on your case.

How long will it take to resolve my case?

It’s easy to think that you hire a lawyer, sit back, and let the check come in. But a personal injury case can take months to years, and you likely have medical bills that are piling up. Your attorney should be able to compare your case to other similar cases and give you a ballpark amount of time that it will take the solve the case.

How much time does the attorney have to dedicate to my case?

Most attorneys are handling multiple cases at once, and while they are likely very capable of the workload, you should ask how much time your attorney will have to dedicate to your case specifically.

Can the attorney provide references from past clients?

Depending on your jurisdiction, you may be able to request references from past clients. These past clients could help indicate whether they were satisfied with the attorney’s performance, and might be able to give you tips about what to expect. If you’re not able to request references, check the attorney’s website to see if you can find some online testimonials.

Schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

Medical malpractice, while a touchy subject for some, is a lot more common than you’d think. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S. —this follows closely behind heart disease and cancer. Even more alarming, in 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes.

It may not seem like medical malpractice cases happen that often because they are oftentimes kept under wraps for obvious reasons. Healthcare providers don’t want to scare patients off, and people involved in lawsuits typically can’t talk about them until the lawsuit is over.

There are many types of medical malpractice that we deal with at Lyndsay Markley Law:

Misdiagnosis, failure to diagnose or delayed diagnosis

Misdiagnosis is when a doctor diagnoses the wrong condition, or misses an obvious condition in which the correct treatment would have saved the patient from worse conditions or death. Failure to diagnose is when your doctor completely misses the connection between your symptoms and a medical condition and no treatment is prescribed. Delayed diagnosis is when your doctor isn’t fast enough in making the connection between your symptoms and a medical condition.

Childbirth injuries

A doctor makes glaring mistakes during prenatal care or during childbirth itself. Childbirth injuries are a serious matter and include everything from bruise or laceration on the child, or a severe injury (such as cerebral palsy or an HIE brain injury) that leaves your child permanently disabled. In many instance, birth injuries can be attributed to medical malpractice.

Medication errors

This is when a  doctor prescribes the wrong medication, or the wrong dosage. This could also be when the doctor doesn’t recognize potential harmful complications of the medication when it comes to your specific condition and health.

Surgical errors

Surgical errors can be in the form of many different mistakes, such as when a doctor operates on the wrong body part, leaves a surgical instrument inside a patient’s body (such as a surgical sponge), or damages an organ.

Anesthesia errors

Too much, or too little, anesthesia is a scary thought but it does happen. Another type of anesthesia error is when the anesthesiologist uses the wrong type of anesthesia.

It’s unfortunate that errors happen as often as they do, which is why it’s important to be your own best advocate for your health. Do your research on doctors, hospitals, and your medical conditions, and ask many questions. Also, make sure you ask yourself some questions before considering filing a malpractice lawsuit.

If you suspect you or a loved one are the victim of medical malpractice, contact Lyndsay Markley Law. Allow us to navigate you through the complex issues of a medical malpractice case. Our firm has successfully resolved millions of dollars in medical negligence cases against physicians, hospitals, and other health care facilities and providers.

You can schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

Lyndsay Markley Law is investigating the sexual and physical abuse of children at the Aurora Chicago Lakeshore Hospital after DCFS confirmed that it has had at least 16 complaints this year alleging abuse or neglect of children at the hospital.  

The Aurora Chicago Lakeshore Hospital is a psychiatric facility for the treatment of children, adolescents, and adults.  Many of the children and adolescent patients at the Aurora Chicago Lakeshore Hospital are wards of the state.

Sadly, this is not the first time the Aurora Chicago Lakeshore Hospital has been in the news for abuse and/or neglect.  In the past, there has been additional reports of sexual and physical abuse of children and adult patients of the Aurora Chicago Lakeshore Hospital.  

“We are deeply saddened to hear of the conditions and treatment that the patients at the Aurora Chicago Lakeshore Hospital have had to face.  We are dedicated to fighting for our clients and are hopeful that the victims of this neglect and abuse will get the justice they deserve,” Attorney Lyndsay Markley says.

Lyndsay Markley Law has represented countless victims of abuse such as this and is committed to bringing justice to the victims and survivors of the Aurora Chicago Lakeshore Hospital.

More about Lyndsay Markley

Lyndsay Markley has represented and currently represents several survivors of sexual and physical abuse.  She has represented survivors of sexual abuse in lawsuits against the Archdiocese of Chicago, the Chicago Board of Education,  United Airlines, Inc., daycares, and many other entities.

Lyndsay Markley is a trial lawyer based in Chicago and the principal of Lyndsay Markley Law. To date, Markley has obtained substantial compensation for her clients in all areas of personal injury and wrongful death litigation and tried numerous cases to jury verdict. In the past four years alone, Markley has secured tens of millions of dollars on behalf of her clients. Before starting Lyndsay Markley Law in 2014, Markley served as a named shareholder at a Chicago law firm and, notably, was the law firm’s youngest and first female partner in its 60-year history. Currently, a great deal of Markley’s practice is dedicated to representing victims of sexual and physical abuse in civil lawsuits.

In addition to obtaining notable verdicts and settlements on behalf of the plaintiffs she represents, Lyndsay has received numerous awards and honors, including being named by The Chicago Daily Law Bulletin as one of the top “40 Under Forty Illinois Attorneys to Watch” in 2018 and designation as an Illinois “Super Lawyer” in 2018 by SuperLawyers/Chicago Magazine. She is regularly interviewed about her own cases and current legal events by local and national media, bar associations and professional organizations, including the Chicago Tribune, Chicago Sun-Times, NBC Chicago, CBS Chicago, ABC 7 Chicago, WGN TV, NPR, Chicago Lawyer, and National Trial Lawyers.

Free Consultation

Lyndsay Markley Law is offering free consultations to any of the victims from the Aurora Chicago Lakeshore Hospital.  If you or a loved one believes they have been a victim of abuse and/or neglect, contact us today at (312)523-2158.

Many people think that when they file a personal injury lawsuit, they are only entitled to medical bill costs. However, personal injury lawyers like Lyndsay Markley Law can help you win so much more than that. You could be entitled to things like pain and suffering, future income, and loss of enjoyment, to name a few. Let’s dive deeper into what you can win in a personal injury case:

Long-Term Care

If your injury results in yourself needed a long-term nurse, home, or care of that nature, you could sue for those costs.

Pain and Suffering

You may be entitled to compensation for any physical or emotional turmoil you went through following your injury. Similarly, if your injury put you through psychological issues that resulted in something like fear, anxiety, PTSD, or sleep loss, you could be compensated for emotional distress.

Loss of Enjoyment

If your injury causes you to no longer be able to do things you used to enjoy (like hiking, for example), you could have a case for loss of enjoyment.

Income

You may also be entitled to income compensation for the salary you missed while you were unable to work. However, this is not only for the income you missed while you could not work–you could also be entitled to future income if your injury affects your future ability to perform your job. This is called “loss of earning capacity.”

Medical Care

A personal injury suit almost always includes the cost of medical care. Think doctor’s bills, hospital bills, medications, ambulance rides, physical therapy, etc. If you are injured and want to file a personal injury case, be sure you have a record of all medical bills as a result of the injury.

Loss of Consortium

In the case of loss of consortium, you would have to have had the injury also damage your relationship with your spouse–for example, loss of a sexual relationship or the inability to be a good companion–or even divorce. In some cases, the spouse would receive the settlement for this portion of the case.

Your options when filing a personal injury case aren’t just limited to medical bills. If you feel you are entitled to any of the above cases, you can schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

Can you sue a doctor for negligence? The short answer is yes. However, you want to make sure that you have all of the right tools and resources to build your case. Medical malpractice lawsuits can be expensive and time consuming, and oftentimes juries show favor towards the doctor. If you want to sue a doctor for negligence, consider these points before you do:

Is it malpractice?

There are many different types of medical malpractice. Ignoring or neglecting a patient, patient misdiagnosis, poorly performing a surgery, and premature discharge from a hospital are a few. Be sure that you are actually dealing with malpractice, and not just unsuccessful care (there is a difference!). Even the most routine procedures can result in complications that may not be the fault of your medical provider. Make sure you know the difference between appropriate (but unsuccessful) care and medical malpractice.

Investigation

Before filing a medical malpractice lawsuit, you and your doctor will need to complete a pre-suit investigation. During this process, you will need to obtain a written note from another doctor who can testify that medical malpractice likely occurred. You will need to provide information and documentation to prove causation (that proves the doctor’s negligence). Some examples of these are letters received from your hospital or health care provider, medical receipts, test results, information related to your diagnosis, doctor’s notes, and photos of your injuries.

Timeliness

Make sure the statute of limitations has not expired in the state the malpractice occurred in. In most states, this window of time is about 2 years.

Location

Your case will be judged on the standard of care that is appropriate for a few factors, including your geographic area, your age, and the medical condition. For example, if you are 25 years old and live in Chicago, your doctor will not be judged by the same standard of care as if they were treating a 60-year-old patient in Los Angeles.

If you decide that you do want to sue your doctor for negligence, follow the steps here. If you are looking for a medical malpractice lawyer in Chicago, schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.

When you make the difficult decision to place a loved one in a nursing home, you are trusting that facility to provide them with the same care you’d give them yourself. Nursing home abuse and neglect, while a scary topic, is a serious issue at facilities across the country. Knowing the warning signs of nursing home abuse and neglect is the first step in being able to protect your loved ones during a possibly difficult time in their life.

Poor Personal Hygiene

One of the first things you may notice if your loved one is suffering from nursing home abuse is poor personal hygiene. This could include infections and unsanitary living conditions, and you might notice they aren’t bathing or brushing their teeth.

Physical Changes

There are numerous physical changes that could occur as a result of nursing home abuse. If you notice unexplained injuries, such a bruising, welts, broken bones, dislocations, or sprains, it’s a good idea to start questioning the type of care the patient is receiving.

A few more things to look out for are bed sores, ulcers, or open wounds. These are very serious conditions and must be addressed immediately. If you suspect nursing home abuse, be sure to document these physical changes with photos.

Psychological Changes

You may also notice if your loved one has suffered any psychological changes. The patient might be emotionally upset or agitated, suddenly non-communicative, and might fear being touched. They also might want to be isolated from others–including people they once loved to be around.

Just one of these warning signs might not be enough on its own to warrant worry. However, a combination of these nursing home warning signs should definitely raise an eyebrow.

If you suspect nursing home neglect or abuse, schedule a FREE consultation with Chicago nursing home negligence law firm Lyndsay Markley Law by calling (312) 523-2158 or emailing info@lmarkleylaw.com.

The types of nursing home negligence cases we handle include but are not limited to physical or sexual abuse, ulcers, open wounds, or bed sores, medical errors, substandard care, slips and falls, verbal, emotional, or psychological abuse, dehydration, malnutrition, and weight loss, and death.

Most of us know that sinking feeling when we have realized a car accident is about to happen. While we can’t control what happens before and during the accident, we can try our best to control what happens afterwards.

Call the police

Even if there are no injuries, you should still call the police. The police officer(s) who arrive will file a report, which you’ll need to file a claim with your insurance company. If the other party offers to pay you cash if you don’t call the police, do not accept this offer. When the officer(s) arrive, tell them what happened to the best of your ability. If you are asked if you are injured, say that you are not sure (don’t say no). Pain and injuries can become apparent hours or days after the accident happens. Also, don’t tell anyone the accident was your fault, even if you think it was.

Gather information from others involved in the accident

Write down any details, even if you don’t think they’ll be useful. Vehicle descriptions, license plate numbers, driver’s license numbers, insurance companies and policy numbers, accident scene location and/or address, and the police officer’s name and badge number are good things to take down.

Take pictures

Take photos of all vehicles, plus any injuries that you can tell you have.

Report the accident to your insurance

Call your insurance as soon as possible and report the accident. Make sure you take down the name of your claims specialist.

Keep a file

Keep every accident-related document together. Make sure you include your claim number, the claims adjuster who is handling the claim, the names and numbers of all contacts (including witnesses if there were any), and any other expenses incurred as a result of the accident (including doctor’s visits, chiropractor bills, etc).

Stay away from social media

For the time being, stay away from posting on social media. If a jury sees photos of you looking otherwise healthy, it might weaken your future claim.

Don’t sign any documents

Do not sign anything without consulting an attorney first, even something from your own insurance company (who might not have your best interests in mind).

Contact an attorney

If you’ve been in a car accident, schedule a FREE consultation with Chicago automobile collisions law firm Lyndsay Markley Law by calling (312) 523-2158 or emailing info@lmarkleylaw.com.

As fun as summer is, the season brings about a few dangers that we don’t often think about during the cold months. The heat and large crowds are mostly to blame, but luckily it’s relatively easy to stay safe if you take the right precautions. Below are some tips for staying safe this summer!

Staying Safe in the Heat and Sun

• Always wear sunscreen! This may seem trivial, but many people forget. Get in the habit of applying every time you leave the house. Carrying a small bottle with you will help make sure you always have some SPF handy.
• Don’t overdo it. If you’re starting to feel tired from the heat or sun, seek shade. The CDC reported a total of 7,233 heat-related deaths in the U.S. between the years of 1999-2009, which equals an average of 658 people died of heat-related causes each year.
• Avoid strenuous activity during the hottest parts of the day. Depending on where you live, the hottest part of the day is usually between 2-4pm.
• Wear proper clothing. Think: lightweight, light colored, loose-fitting.
• Treat sunburns properly. Drink lots of water, don’t peel your sunburns, generously apply aloe vera lotion, and try to remember your sunscreen next time!

Staying Safe on Water

• Wear a life jacket. This may seem like an easy one, but plenty of adults forget to wear life jackets when on boats! This one is especially true for kids.
• Drink extra water. It’s too easy to forget to drink water, especially when you’re in the water! Remember to hydrate properly, as it’s common to become very dehydrated when you’re in the sun.
• Avoid alcohol. Not what you want to hear when you’re trying to have fun on a boat, but alcohol brings with it a few problems like dehydration and lowered inhibitions. Plus, the probability of being involved in a boating accident doubles when alcohol is involved.

Staying Safe in Crowded Places

• Know where your nearest exit is. When you arrive at a crowded place such as a concert or festival, take a mental note of all the nearest exits in case you need to run for it.
• Consider leaving if the crowd gets out of control. Keep an eye on the general vibe of the crowd. If it feels like it’s getting a little too crazy, it’s probably best to leave.
• Pick a meeting point to rendezvous with your group if you get separated. Pick the rendezvous point before you get inside and make sure everyone knows where it is.
• Be aware of your surroundings. Keep an eye out for any suspicious activity, and alert an official if something seems off. Better safe than sorry!
• Write your phone number on your kids’ arms. If they get separated from you, someone will be able to call you to alert you of their whereabouts.
• Keep your phone fully charged. Make sure it’s charged before you leave, and bring a spare battery if your phone tends to die easily. Having a fully-charged phone is important should you get separated or an emergency arise.

Have fun this summer! If an accident or injury occurs (and we hope it doesn’t!), schedule a FREE consultation with Chicago personal injury law firm Lyndsay Markley Law by calling (312) 523-2158 or emailing info@lmarkleylaw.com.