Articles Posted in Attorney Fees

The plaintiff-respondent Melanie Arace, as personal representative and successor in interest for Grace R. Miller and Trustee of the Grace R. Miller Trust of May 8, 2002, filed a complaint against Medico Investments LLC, which is a residential care facility owner.

The Melanie Arace lawsuit alleged that Medico or its employee, Elizabeth Colon, engaged in multiple acts of elder abuse of Miller.

The jury signed a verdict in favor of Melanie Arace for Grace R. Miller, which included an award of damages, attorney’s fees and costs.

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It happens that lawyers who handle nursing home abuse cases, medical negligence cases, personal injury cases, wrongful death cases, birth injury cases, product liability cases and general injury cases for those who were injured or killed work on a contingency basis with their clients. That means that the client pays nothing to the lawyer unless there is a recovery by way of a settlement or judgment. At times, cases that have been filed turn out to be not as solid as the lawyer may have envisioned. Sometimes, for other reasons dealing with the handling of the case or a client disagreement, the attorney and client agree to withdraw an appearance in the pending case so that the client can find another lawyer.

In one case that occurred in our practice, a case involving a man who was seriously injured in a motorcycle accident, the attorney first handling the case withdrew early in the litigation and left the client to search for another attorney. The client located an attorney whose primary practice is outside of Illinois, but hired Kreisman Law Offices to act as local counsel.

The case was a very difficult and serious injury case. It involved a motorcycle and road construction. The client hired new counsel and the litigation ensued. After the taking of as many as 50 depositions of fact witnesses, experts and medical witnesses and after a long and tedious mediation, the case was finally settled two years later.

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