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List of Forms by Chapter - Chapter 1 — Physical Injuries: Plaintiff’s Perspective
- I. [1.1] Scope of Chapter
- II. [1.2] General Considerations
- III. [1.3] Recoverable Damages
- IV. [1.4] Initial Client Interview
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V. [1.5] Documenting Physical Injuries - VI. [1.11] Pleading
- VII. [1.12] Discovery
- VIII. [1.21] Burden of Proof
- IX. [1.22] Motions in Limine
- X. [1.23] Technology in the Courtroom
- XI. [1.24] Jury Instructions
- XII. [1.25] Closing Arguments
- XIII. [1.26] Conclusion
- XIV. Appendix — Sample Forms
- Chapter 2 — Physical Injuries: Defendant’s Perspective
- I. [2.1] Scope of Chapter
- II. [2.2] General Considerations and Theories of Recovery
- III. [2.3] Liability Defenses
- IV. [2.8] Proving and Disproving Recoverable Damages
- [2.9] Recoverable Damages
- Proving Damages
- [2.10] Amount of Damages Is a Question of Fact
- [2.11] Standard of Proof
- Aggravation of Preexisting Ailment, Condition, or Injury
- [2.12] Aggravation of Preexisting Condition or Ailment Not Separately Compensable
- [2.13] Jury Instructions
- [2.14] Practice Notes
- [2.15] Expert Testimony and “Same Part of the Body” Rule
- V. Defenses and Limitations on Recoverable Damages
- VI. Discovery
- [2.23] In General
- [2.24] General Discovery Provisions, Pretrial Procedure, and Refusal To Comply with Discovery and Pretrial Procedure
- [2.25] Disclosures Pursuant to Supreme Court Rule 213(f)(3)
- [2.26] Requests for Admissions of Fact and Genuineness of Documents Pursuant to Supreme Court Rule 216
- [2.27] Depositions Pursuant to Supreme Court Rule 204
- [2.28] Independent Examination Pursuant to Supreme Court Rule 215
- VII. [2.29] Limiting Recovery at Trial: Motions in Limine
- Chapter 3 — Psychological Injuries: Plaintiff’s Perspective
- I. [3.1] Introduction
- II. [3.2] Defining Pain and Suffering
- III. [3.3] Medical History
- IV. [3.4] Conscious Pain and Suffering
- V. [3.7] Post-Traumatic Stress Disorder
- VI. Future Pain and Suffering
- VII. [3.12] Pre-Impact Pain and Suffering
- VIII. [3.15] Treating Physician Testimony
- IX. [3.16] Economists
- X. [3.17] Lay Witnesses
- XI. [3.18] Intentional Infliction of Emotional Distress
- XII. [3.19] Negligent Infliction of Emotional Distress
- XIII. [3.20] Zone of Danger Rule
- XIV. [3.21] Possible Transmission of Human Immunodeficiency Virus
- XV. [3.22] Conclusion
- Chapter 4 — Psychological Injuries: Defendant’s Perspective
- Chapter 5 — Impaired Earning Capacity: Plaintiff’s Perspective
- I. [5.1] Scope of Chapter
- II. [5.2] Introduction
- III. [5.3] Individualized Nature of Injury
- IV. Standard of Proof in Determining Damages: Reasonable Certainty
- V. [5.10] Measuring Damages: Formula for Estimating Impaired Earning Capacity
- VI. [5.16] Final Considerations To Ensure Receipt of Adequate Damages for Impaired Earning Capacity
- VII. [5.17] Conclusion
- Chapter 6 — Impaired Earning Capacity: Defendant’s Perspective
- I. [6.1] Scope of Chapter
- II. [6.2] Distinguishing Impaired Earning Capacity and Lost Wages
- III. Understanding and Disproving Plaintiff’s Alleged Physical Impairment
- [6.3] Interrogatories
- [6.4] Requests for Production
- Analyzing Plaintiff’s Medical, Employment, and Financial Records
- [6.5] Medical Records
- [6.6] Employment Records
- [6.7] Financial Data
- [6.8] Plaintiff’s Deposition
- [6.9] Deposing Plaintiff’s Treating Physicians
- [6.10] Court-Ordered Medical Examination
- [6.11] Experts
- [6.12] Surveillance of Plaintiff
- IV. Challenging the Measure of Plaintiff’s Loss
- V. [6.15] Conclusion
- Chapter7 — Estimating the Present Value of Diminished Earnings Capacity
- I. [7.1] Introduction
- II. Pecuniary Value of Human Capital
- III. [7.4] Appraising Pecuniary Loss in Disability and Death Actions: Valuation Methods
- [7.5] Valuation Logic
- [7.6] Elements of Compensation
- [7.7] Estimating the Present Value of a Worker’s Future Earnings
- [7.8] Present Value of an Income Stream
- [7.9] Selecting the Appropriate Wage Growth Rate and Discount Rate
- [7.10] What Is the Appropriate Discount or Interest Rate To Use?
- [7.11] Risk-Return Trade-Off
- [7.12] Covariance Between Short-Term Interest Rates and Wage Growth Rates
- [7.13] Objective Market Evidence Relating to the (i-g) Differential
- [7.14] Reduction for a Decedent’s Terminated Consumption
- [7.15] Valuing Nonpaid Work Services to Household
- IV. [7.16] Working with an Economist
- V. [7.19] Socioeconomic Data Requirements
- Chapter 8 — Proving Special Damages: Medical Expenses and Lost Wages
- I. [8.1] Scope of Chapter
- II. Past Medical Expenses
- [8.2] Requisite Elements of Proof
- Means of Proving the Requisite Elements
- Testimony by the Plaintiff or Other Lay Witnesses
- [8.3] Pre-Arthur Rules
- [8.4] Arthur v. Catour and Wills v. Foster
- [8.5] Causation
- [8.6] Testimony by Treating Medical Professionals or Experts
- [8.7] Testimony by Lienholders
- [8.8] Stipulations and Documentary Means of Proving Past Medical Expenses
- [8.9] Free Medical Services
- Defense Attacks on Past Medical Expense
- [8.10] Inexact Bill
- [8.11] Unnecessary Treatment or Overtreatment
- [8.12] Unreasonableness of Expense
- [8.13] No Causation: Subsequent Injury or Reinjury
- [8.14] No Causation: Prior Injury; Aggravation Issues
- [8.15] Same Area of the Body
- [8.16] Different Areas of the Body
- [8.17] Damages for Aggravation of Preexisting Condition
- [8.18] Plaintiff’s Failure to Mitigate Damages
- [8.19] Collateral-Source Payment of Medical Expense
- III. Future Medical Expenses
- IV. [8.24] Past Lost Earnings
- V. Future Lost Earnings
- Chapter 9 — Punitive Damages: Plaintiff’s Perspective
- I. [9.1] Introduction
- II. [9.2] Purpose and Judicial Philosophy of Punitive Damages
- III. Availability of Punitive Damages
- [9.3] General Principles
- [9.4] Statutory Actions Providing for Punitive Damages
- Common-Law Actions Including Punitive Damages
- [9.5] In General
- [9.6] Willful and Wanton Misconduct
- [9.7] Intentional Acts
- [9.8] Products Liability
- [9.9] Fraud
- [9.10] Defamation
- [9.11] Invasion of Privacy
- [9.12] Retaliatory Discharge
- [9.13] Misconduct by Attorneys
- [9.14] Conversion
- [9.15] Intentional or Reckless Breach of Fiduciary Duty
- [9.16] Liability of Principal for Punitive Damages
- [9.17] Actions in Which Punitive Damages Are Unavailable
- [9.18] Contract Actions
- [9.19] Healing Art and Legal Malpractice
- [9.20] Wrongful-Death and Survival Actions
- [9.21] Local Governmental Tort Immunity
- [9.22] Actions Requiring Proof of Outrageous Conduct
- [9.23] Administrative Agencies
- [9.24] Other Actions in Which Punitive Damages Are Unavailable
- [9.25] Death of the Defendant
- [9.26] Assignment of Punitive Damage Claims
- IV. Procedure
- [9.27] Pleading
- [9.28] Form of Ad Damnum Praying Punitive Damages
- [9.29] Special Treatment of Negligence and Products Liability Cases
- Proof at Trial
- [9.30] General Principles
- [9.31] Morality Play
- [9.32] Proof of Compensatory Damages
- [9.33] Proof of Defendant’s Worth
- [9.34] Proof of Substantially Similar Occurrences
- [9.35] Jury Instructions
- [9.36] Amount of Punitive Award and Standards of Review
- [9.37] Constitutional Challenges
- [9.38] Attempts at Legislative Reform
- [9.39] Arbitration Proceedings
- V. Pitfalls of Punitive Damages
- VI. [9.43] Appendix — Statutory Actions Allowing Recovery of Punitive Damages
- Chapter 10 — Punitive Damages: Defendant’s Perspective
- I. [10.1] Introduction
- II. Common-Law Grounds for the Imposition of Punitive Damages
- III. [10.5] Necessity of Proving Compensatory Damages To Recover Punitive Damages
- IV. Cases in Which Punitive Damages Are Not Allowed
- V. Pleadings and Discovery
- VI. Punitive Damages at Trial
- VII. Review of Punitive Damage Awards
- VIII. Constitutional Limitations on Punitive Damage Awards
- IX. [10.26] Conclusion
- Chapter 11 — Damages in a Wrongful-Death Case: Plaintiff’s Perspective
- I. Wrongful Death Act
- II. [11.6] Damages Pursuant to the Wrongful Death Act
- [11.7] Limitations on Damages
- [11.8] Pecuniary Injuries
- [11.9] Pecuniary Loss — Definition
- [11.10] Presumption of Substantial Pecuniary Loss
- [11.11] Contributory Negligence of Beneficiary
- Elements of Pecuniary Loss
- [11.12] Money and Mortality Tables
- [11.13] Proving Loss of Future Earnings
- [11.14] Past Earnings
- [11.15] Future Earnings
- [11.16] Goods and Services
- [11.17] Loss of Society
- [11.18] Elements of Society
- [11.19] Who May Recover
- [11.20] Evidence To Establish Loss of Society
- [11.21] Elements of Damages Factors Excluded
- [11.22] Discount of Future Damages
- [11.23] Subsequent Spouse or Child
- [11.24] Division of Award
- III. [11.25] Authorization of Deceased Patient’s Medical Records Under the Health Insurance Portability and Accountability Act of 1996
- IV. [11.26] Further References
- Chapter 12 — Damages in a Wrongful-Death Case: Defendant’s Perspective
- I. [12.1] Introduction
- II. [12.2] Who Can Institute a Wrongful-Death Action?
- III. Individuals Entitled To Recover Under the Wrongful Death Act
- [12.3] Applicable Statutory Provisions and Illinois Pattern Jury Instructions
- [12.4] Surviving Spouse
- [12.5] Next of Kin
- [12.6] Offspring
- [12.7] Parents
- [12.8] Siblings
- [12.9] Grandchildren
- [12.10] Grandparents
- [12.11] Nieces and Nephews
- [12.12] Family of a Suicide
- Practice Tips
- [12.13] Discovery Issues
- [12.14] Probate Proceedings
- [12.15] Proper Notice to Persons Entitled To Recover
- IV. Recoverable Damages Under the Wrongful Death Act
- V. [12.22] Damages Not Recoverable Under the Wrongful Death Act
- [12.23] Punitive Damages
- [12.24] Funeral and Medical Expenses
- [12.25] Income Before Death
- [12.26] Pain and Suffering
- [12.27] Bereavement of Spouse or Next of Kin
- [12.28] Wealth or Poverty of Spouse or Next of Kin
- [12.29] Speculative Damages
- [12.30] Estate Taxes
- [12.31] Prejudgment Interest
- [12.32] Hedonic Damages
- VI. [12.33] Mitigation of Damages
- [12.34] Affirmative Defenses
- [12.35] Passage of Time
- [12.36] Quality of Filial Relationship
- [12.37] Expenditures for Child Rearing
- [12.38] Remarriage
- [12.39] Extramarital Affairs
- [12.40] Health of Decedent
- [12.41] Widow’s Right To Recover Decedent’s Benefits
- [12.42] Expert Opinion Witnesses: Economists and Annuitists
- [12.43] Potential Earnings of Decedent
- [12.44] Decedent’s Income at Time of Death
- [12.45] Decedent’s Occupation and Potential Wage Earnings
- [12.46] Decedent’s Industry, Sobriety, and Thrift
- [12.47] Present Cash Value
- Comparative Fault of Decedent or Contributory Negligence of Spouse or Next of Kin
- [12.48] Contributory Negligence of Spouse or Next of Kin
- [12.49] Comparative Fault of Decedent
- [12.50] Multiple Defendants
- [12.51] Timeliness of Filing a Wrongful-Death Claim
- [12.52] Calculation of Damages
- [12.53] Civil Justice Reform Amendments
- [12.54] Creditors’ Liens
- VII. Defense Practice Tips
- Gary P. Annes
Gary P. Annes
Gary P. Annes is a Founder and Partner with Abels & Annes, P.C., in Chicago, where he concentrates his practice in personal injury and medical malpractice. He has frequently written and spoken on issues related to medical malpractice and litigation in general. He is a member of the Illinois Trial Lawyers Association, the American Association for Justice (formerly ATLA), the Public Justice Foundation, the State Bar of Arizona, and the Illinois State and Chicago Bar Associations. Mr. Annes is licensed in Illinois and Arizona and maintains offices in both Chicago and Phoenix. Mr. Annes received his B.A. from the University of Illinois and his J.D. from Loyola University Chicago School of Law.
- Christian D. Biswell
Christian D. Biswell
Christian D. Biswell is a Shareholder and President of Drake, Narup & Mead, P.C., in Springfield, where he concentrates in the areas of civil litigation, insurance and medical malpractice defense, contracts, civil rights, and subrogation. Mr. Biswell received his B.A., M.A., and J.D. from Southern Illinois University.
- Kevin J. Caplis
Kevin J. Caplis
Kevin J. Caplis is Of Counsel to Querrey & Harrow, Ltd., in Chicago, where he focuses his practice in construction liability, civil defense, and insurance coverage and arbitration. He is a member of the Illinois State Bar Association, the Federal Trial Bar, and the United States Supreme Court Bar. He has been named a Leading Lawyer and Super Lawyer and is a past President of the Trial Lawyers Club of Chicago. Mr. Caplis received his B.A. from the University of Illinois at Chicago and his J.D. from the DePaul University College of Law.
- Laura A. Castagna
Laura A. Castagna
Laura A. Castagnais a Partner at Kelly & Castagna in Bloomington, where she focuses on plaintiff’s personal injury. She is a member of the Illinois State Bar Association, the Illinois Trial Lawyers Association, and the Illinois Bar Foundation Board of Directors — Fourth District. Ms. Castagna received her B.A. from Eastern Illinois University, her M.A. from the University of Illinois at Springfield, and her J.D. from the Washington University in St. Louis School of Law.
- Julie L. Cibulskis
Julie L. Cibulskis
Julie L. Cibulskis is a Partner at Speers, Reuland & Cibulskis, P.C., in Aurora, where she focuses on civil litigation including personal injury, wrongful death, and commercial litigation. She is a past President and member of the of the Kane County Bar Association, a member of the Illinois Supreme Court Committee on Jury Instructions — Civil, and a member of the Illinois Supreme Court Committee on Character and Fitness — Second District. Ms. Cibulskis received her B.A. summa cum laude from Creighton University and her J.D. magna cum laude from the Seton Hall School of Law.
- David B. Collins
David B. Collins
David B. Collins is a Partner with Quinn, Johnston, Henderson, Pretorius & Cerulo, in Peoria, where he concentrates his practice in personal injury and wrongful death defense, as well as employment law. He serves on the Prairie State Legal Services Board of Directors (February, 2012 – present), is a member of the Illinois Supreme Court Committee on Character Fitness (January 2015 – present), and is a Commissioner on the Peoria County Board of Election Commissioners (May 2015 – present). Previously, he served as a law clerk to the Honorable William B. Wombacher (deceased) and the Honorable John A. Gorman of the Illinois Appellate Court, Third District. He has been a lecturer at various IICLE® and Peoria County Bar Association programs. He is a member of the Illinois State and Peoria County Bar Associations, the Appellate Lawyers Association, the Illinois Association of Defense Trial Counsel, the Defense Research Institute (DRI), and American Inns of Court, Abraham Lincoln Inn. Mr. Collins received his B.A. from the University of Iowa and his J.D. cum laude from Northern Illinois University College of Law where he was Editor-in-Chief of the Northern Illinois University Law Review.
- Lawrence DeBrock
Lawrence DeBrock
Lawrence DeBrock is Professor Emeritus of Finance and Dean Emeritus at the Gies College of Business of the University of Illinois at Urbana-Champaign. He has served as a consultant and expert to several public panels as well as foreign governments. He has published numerous articles in economics journals such as the Review of Economics and Statistics, the Bell Journal of Economics, the International Journal of Industrial Organization, the Journal of Law and Economics, the Journal of Labor Economics, and the Journal of Human Resources. Professor DeBrock received his B.S. from Bradley University and his M.A. and Ph.D. from Cornell University.
- Robert E. Elworth
Robert E. Elworth
Robert E. Elworth is a Partner at HeplerBroom LLC in Chicago, where he concentrates his practice on the defense of complex liability claims. He has served as an instructor of business law and environmental law at Roosevelt University in Chicago. He is a member of the Appellate Lawyers Association, the Defense Research Institute (DRI), and the Illinois Association of Defense Trial Counsel. He is admitted to practice law in Illinois, Indiana, Iowa, Louisiana, Nebraska, Texas, and Wisconsin. Mr. Elworth received his B.A. from the University of Nebraska and his J.D. from the Creighton University School of Law.
- Jeffrey M. Goldberg
Jeffrey M. Goldberg
Jeffrey M. Goldberg is a Partner at Goldberg & Schulkin Law Offices in Chicago, where he focuses his practice on medical malpractice and personal injury cases. He is a member of the American Association for Justice Birth Trauma Litigation Group, a Past Chair of the Illinois Trial Lawyers Association Medical Malpractice Committee, and a Past President of the Trial Lawyers for Public Justice. Mr. Goldberg received his B.S. from Bradley University and his J.D. from the University of Illinois Chicago School of Law.
- Zeke N. Katz
Zeke N. Katz
Zeke N. Katz is an associate with HeplerBroom, LLC, in Chicago, where he concentrates his practice in premises liability, medical malpractice, and insurance defense. He is a member of the Illinois Association of Defense Trial Counsel and the Chicagoland Healthcare Risk Management Society. Mr. Katz received his B.A. from Colgate University and his J.D. from IIT Chicago-Kent College of Law.
- Timothy W. Kelly
Timothy W. Kelly
Timothy W. Kelly is a Partner at Kelly & Castagna, LLC, in Bloomington, where he focuses his practice on plaintiff’s personal injury/mediation. A frequent speaker for IICLE® and the Illinois State Bar Association, he is a Past President of the Illinois Bar Foundation and a Past Chair of the Illinois Supreme Court’s Commission on Access to Justice. He has been voted one of the Top Three Attorneys in McLean County by his peers. Mr. Kelly served on the IICLE® Board of Directors (2000 – 2007) and was selected as IICLE® Volunteer of the Year for Publications in 2008. He received his B.S. from the University of Dayton and his J.D. from the University of Dayton School of Law.
- Jeffrey J. Kroll
Jeffrey J. Kroll
Jeffrey J. Krollis a Partner at Kaveny + Kroll in Chicago, where he concentrates his practice in personal injury and wrongful death. He has been named to the Illinois Super Lawyers list since 2005 and has been named one of the Top 100 Trial Lawyers in Illinois by the American Association for Justice (formerly ATLA) for ten consecutive years. Mr. Kroll received his B.A. from DePaul University and his J.D. from the DePaul University College of Law.
- Charles M. Linke
Charles M. Linke
Charles M. Linke is a Professor Emeritus of Finance at the Gies College of Business of the University of Illinois at Urbana-Champaign. He has served the University as the IBE Distinguished Professor of Finance, Chair of the Department of Finance, and Associate Dean for Graduate Studies. A contributor to numerous treatises and journals, he is a member of academic and professional organizations including the American Economics Association, the American Finance Association, the American Risk and Insurance Association, and the National Association of Forensic Economists. Professor Linke received his B.S., his M.B.A., and his D.B.A. from Indiana University.
- Noah A. Menold
Noah A. Menold
Noah A. Menold is an associate at Howard & Howard Attorneys, PLLC, in Peoria, where he focuses his practice in commercial litigation. He is a member of the Illinois State Bar Association’s Civil Practice & Procedure Section Council and Construction Law Section Council. He has been recognized as an Emerging Lawyer by Leading Lawyers in the areas of commercial litigation, closely and privately held business law, and medical malpractice defense law. He has also been recognized as “One To Watch” by Best Lawyers in the area of commercial litigation. Mr. Menold received his B.S. summa cum laude from Bradley University, where he was recognized as the Kalman Goldberg Outstanding Senior Business Student (2010 – 2011) and awarded the rank of Top Collegiate Scholar: Management (2011). He received his J.D. magna cum laude from Northern Illinois University College of Law, where he was the Brian E. and Tamra A. McGough Prize Recipient (2014) and the Northern Illinois University Law Review: Notes & Comments Editor (2013 – 2014).
- John L. Nisivaco
John L. Nisivaco
John L. Nisivaco is the Managing Partner at Chicago Injury Law, where he concentrates his practice on catastrophic personal injury and wrongful-death cases. He is the Past Secretary of the Board of Governors of the Illinois State Bar Association, Past Chair of the Tort Law Section Council, and Past Chair of Judicial Evaluations for the Alliance of Bar Associations in Cook County. He has been the Editor of the Illinois State Bar Association’s Tort Trends publication for over 20 years. Mr. Nisivaco received his B.A. from Northern Illinois University and his J.D. from DePaul University College of Law.
- Patrick S. O’Shaughnessy
Patrick S. O’Shaughnessy
Patrick S. O’Shaughnessy is with The Janssen Law Center, in Peoria, where he focuses his practice in the areas of personal injury, medical malpractice, and litigation. He has been admitted to the Central District Court of Illinois and the U.S. Seventh Circuit Appellate Court. In addition to being a member of MENSA, Mr. O’Shaughnessy was named to the Illinois list of 40 Attorneys Under 40 to Watch (2004) and was an inaugural member of the National Forensics Association Hall of Fame. He received his B.A. summa cum laude from Bradley University and his J.D. from Northwestern University College of Law.
- Andrew C. Patton
Andrew C. Patton
Andrew C. Pattonis a Partner at Franco Moroney Buenik LLC in Chicago, where he focuses on commercial litigation and tort defense, with an emphasis on construction litigation, including breach of contract; construction and design defect, delay/impact, and personal injury; insurance coverage; transportation litigation, including trucking and railroads; maritime litigation; business disputes; professional liability claims; and catastrophic injury defense. He practices in both state and federal courts throughout the United States and has tried numerous cases to verdict. He has been repeatedly recognized as an Illinois Super Lawyer in the area of construction litigation. Mr. Patton received his B.A. from Boston College and his J.D. from the Indiana University Maurer School of Law.
- Timothy J. Reuland
Timothy J. Reuland
Timothy J. Reuland is a Principal and Shareholder with Speers, Reuland & Cibulskis, P.C., in Aurora, where he concentrates his practice in personal injury, wrongful death, products liability, business and commercial, and professional negligence litigation. Mr. Reuland has spoken at various legal seminars conducted by IICLE®, the Illinois Trial Lawyers Association (ITLA), and various bar associations. He is a member of the American, Illinois State, and Kane County Bar Associations, the American Association for Justice (formerly ATLA), and the Illinois Trial Lawyers Association. Mr. Reuland is a member of the Illinois Board of Admissions to the Bar Character and Fitness Committee, recipient of the Kane County Bar Association Community Service Award, and a board member of numerous charitable, religious, and educational organizations. Mr. Reuland has also been selected as a Leading Lawyer in both personal injury law and commercial litigation, and as an Illinois Super Lawyer. He received his B.A. cum laude, President’s Medallion, from Loyola University Chicago and his J.D. cum laude from Northwestern University School of Law, where he was Executive Editor of the Journal of Criminal Law and Criminology.
- Larry R. Rogers, Sr.
Larry R. Rogers, Sr.
Larry R. Rogers, Sr., is a Founding Partner of Power Rogers & Smith, P.C., in Chicago. He was elected President of the Cook County Bar Association and the Illinois Trial Lawyers Association, serving as the latter’s first African-American President. He was appointed by Mayor Rahm Emanuel as a member of the Board of Trustees of City Colleges of Chicago. He also serves as a member on the Board of Trustees of The John Marshall Law School and DePaul University. He has lectured extensively in various aspects of trial advocacy. He has been honored with the Earl B. Dickerson Award from the Chicago Bar Association, which honors outstanding minority lawyers whose careers at the bar exemplify courage and dedication in making the law the key to justice for all in our society. He has been listed as one of the Top Ten National Litigators by the National Law Journal and is listed in Harvard Law Graduates Naifeh and Smith’s book, THE BEST LAWYERS IN AMERICA. He is a Fellow of both the International Academy of Trial Lawyers and the American College of Trial Lawyers. Mr. Rogers received his B.A. in philosophy from St. Xavier University and his J.D. from DePaul University College of Law. He was awarded Honorary Doctorate degrees from DePaul University College of Law and St. Xavier University. He has also received the Distinguished Alumni Award from St. Xavier University and the DePaul University College of Law Alumni Award for Outstanding Service to the Legal Profession.
- Nicholas Spear
Nicholas Spear
Nicholas Spear is an associate with Franco & Moroney, LLC., in Chicago, where he focuses his practice on general liability matters, including construction law, premises liability, products liability, and transportation litigation. Mr. Spear has experience handling intellectual property and insurance coverage matters, and he also has extensive trial experience in insurance defense related matters. He has been admitted to the bar for the State of Illinois; the U.S. Patent and Trademark Office; the U.S. District Court, Northern District of Illinois; the U.S. District Court, Northern District of Oklahoma; and the U.S. District Court, Eastern District of Wisconsin. He is a member of the Chicago and Illinois State Bar Associations. Mr. Spear received his B.A. from Northwestern University and his J.D. cum laude from the University of Illinois College of Law.
Proving and Disproving Damages in Personal Injury Cases (ARCHIVED 2016 EDITION)
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