Shannon Law Group - November 2021

135 S. LaSalle St., Ste. 2200 Chicago, IL 60603

3550 Hobson Rd., Ste. 403 Woodridge, IL 60517

312-663-7016 | www.shannonlawgroup.com Text: 312-847-2428 NOVEMBER 2021

The Christmas season has always meant a lot to me. When I was a youngster, I vividly remember my huge family making our annual trek late at night across the street and down the hill in the bitter cold to Christmas Eve Mass at St. Paul’s Cathedral in Yakima. The cathedral was always beautifully decorated and packed with our neighbors in their finest clothes. Before Mass, we all sang Christmas carols together. I can still smell the incense and feel the majesty of the time. After Mass, we would always linger in the church to talk with our neighbors, and I would corral my school friends to visit about our Christmas basketball plans. I can still feel the warmth of my big family scrunched together in the first pew with my siblings holding me or putting their arms around me. My mom and dad (Tom and JoAnne to our neighbors) were never too proud to give thanks to God for blessing them with a big family, keeping a roof over our heads, and blessing them to live in such a wonderful community of friends and neighbors. Looking back, I didn’t really understand how blessed I was to have such loving parents and siblings who put God first, others second, and themselves last. As one of the youngest, I always had someone looking out for me. I am so grateful to my family for instilling this sense of community in me. My folks understood that they needed their neighbors, and our neighbors needed us. When Michelle and I started our annual Christmas party in 2009, we wanted to give thanks to everyone who had helped our family over the years by hosting all of them on a big night. Johnny was born earlier that year, and we were so grateful to be blessed with this little boy. What started out as a somewhat intimate affair has grown, and the blessings you have given us have grown exponentially. We are grateful to all of you. While last year we were unable to gather, we will do so this year on Wednesday, Dec. 29, at 4:30 p.m. at Quigley’s Irish Pub in Naperville. We hope you will be able to join us. To RSVP, please email Katelyn at KPater@ShannonLawGroup.com by Dec. 15. Gratefully, – Joe and Michelle Shannon P lease J oin U s as W e G ive T hanks ANNUAL CHRISTMAS PARTY ON DEC. 29

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IS ILLINOIS A ‘NO-FAULT’ STATE FOR CAR INSURANCE? After a car accident in Illinois, it can be confusing knowing what to do next. You may be asking yourself:

Comparative negligence means that the victim is entitled to recover damages up to the percentage of the fault assigned to the other driver. If the other driver was found 70% at fault, you are entitled to seek 70% of the cost of your losses, including economic and noneconomic damages.

• Which insurance company should I contact first — mine or the at-fault driver’s insurance?

• Who’s really at fault according to Illinois law?

How do I prove fault for a car accident in Illinois?

• Who’s responsible for paying my medical bills and car accident repairs?

Proving fault after a car accident follows the same process as any other personal injury lawsuit in Illinois. The injured party’s attorney files a complaint against the other party. The plaintiff must prove that the defendant owed a duty of care to them and that duty was breached, resulting in the plaintiff’s injuries. The Illinois personal injury lawyer must show through evidence that the plaintiff’s injuries only occurred because of the defendant’s negligent actions. Here are some examples of negligence in car accident claims: speeding, moving violations, driving under the influence, and distracted driving.

In every state, there are laws about who pays for what following a car crash. These laws either adhere to a “fault” or “no-fault” system. Most states have a fault system, requiring the at-fault driver and their insurance company to compensate his or her victim for the damages they caused. In a “no-fault” state, the driver who sustained injuries and property damage would first file a claim with his or her own insurance. If they suffered a serious injury, they may be able to file a personal injury lawsuit against the other driver. There are 12 no-fault states in the U.S.

If the defendant’s negligence caused the plaintiff’s injuries, then the defendant may be liable for any damages sustained by the plaintiff. Proving liability is just the first step in any personal injury lawsuit. If you have any questions about what to do after a car accident, feel free to text me at 312-847-2428. I’d be happy to help.

So, does Illinois have no-fault insurance?

Illinois is NOT a “no-fault” state when it comes to car insurance. It has an at-fault (or tort) system with comparative negligence laws. If a driver is found more than 50% at fault for causing an accident, he or she must compensate the other party for damages.

– Joseph Shannon

In 1990, the Department of Health and Human Services developed the Vaccine Adverse Event Reporting System (VAERS) in order to detect and track potentially unsafe vaccines administered in the United States. VAERS is run by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA). WHY WAS VAERS CREATED? The purpose of VAERS is data collection. It helps identify trends in the safety of vaccines as well as the incidence of a particular side effect. For that reason, people are encouraged to report potential side effects of vaccines to VAERS, regardless of whether the exact cause is known. HOW DO I REPORT AN ADVERSE VACCINE REACTION TO VAERS? You can report it to VAERS without having to go through a health care provider. You can submit a report at VAERS.HHS.gov. If you report an adverse reaction from a vaccine to your health care provider, the law requires that your health care provider report it to VAERS under certain circumstances. WHAT IS VAERS?

petition with the VICP and will not afford you any of the benefits offered by the VICP, including compensation. WHAT HAPPENS TO MY ADVERSE VACCINE REPORT? After reporting to VAERS, you will receive confirmation that your report was received. In some cases, you will receive a request for additional information, which may include medical records. Unlike the VICP, VAERS is not concerned with whether the vaccine actually caused the side effect in question. There is no requirement that an individual supports his or her report to VAERS. It will be recorded no matter what. The data is recorded for interpretation only. SHOULD I REPORT MY VACCINE INJURY TO VAERS? Regardless of its limitations, I still encourage my clients to report their vaccine injuries to VAERS. The more information we have regarding vaccines and their side effects, the better. Ultimately, the goal is to produce a safe product, and VAERS is an important tool for that goal.

If you believe you have suffered a reaction from a vaccination, I strongly encourage you to discuss it with your health care provider and report it to VAERS. You may also be entitled to compensation through the VICP. If you have any questions, I would be happy to discuss your options with you.

DOES VAERS WORK WITH THE VACCINE INJURY COMPENSATION PROGRAM?

At Shannon Law Group, we help people file petitions through the Vaccine Injury Compensation Program (VICP). VICP provides compensation to those who have been injured by vaccinations. However, you should know that VAERS has no connection at all to the VICP. Reporting a claim to VAERS is not the same as filing a

– Jonathan Svitak

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THE PROS AND CONS OF SETTLEMENT VS. TRIAL

• Trials are public and recorded. If the defendants are found negligent, they will be held accountable for their actions.

Our team at Shannon Law Group, P.C. is working hard to prepare for upcoming trials. Preparation for trial begins the day a client hires us to represent them. From day one, our job as trial lawyers is to compile evidence and tell our clients’ stories to a jury of their peers. At our firm, we handle personal injury cases on behalf of people who seek compensation for damages they sustained as a result of the negligence of a corporation or individual. Between that day and the trial date, a large amount of investigation occurs. The parties depose liability witnesses and damage witnesses as well as experts for both sides. However, trials are not the only way to resolve a case and receive compensation for personal injury. The plaintiff may also accept a settlement offered before trial. Most personal injury cases will settle before they reach trial. If an offer is accepted, the plaintiff forgoes their right to a trial by jury, and the case is subsequently closed.

On the other side, the cons of going to trial include: • Trials are risky. You never know how a jury will decide your case. • Trials can be time-consuming and expensive. WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF OUT- OF-COURT SETTLEMENT? A settlement occurs when both the defendant and plaintiff resolve the case before it goes to trial. In personal injury lawsuits, this is often achieved by monetary settlement. Most cases will settle because both sides understand the risk of placing the decision of who wins and who loses in the hands of a jury.

Here are some advantages to settling out of court:

• You know how much compensation you will be receiving. • Your lawsuit may be resolved sooner than if it proceeded to trial (although this is not always the case). • Your case costs may be reduced by not proceeding to trial. Here are some disadvantages of settlement:

In this article, we discuss the pros and cons of settlements and trials. There is no right answer, and every case is different.

WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF TRIAL? In Illinois, civil trials occur every day. It’s a formal hearing of evidence before a judge and jury in order to determine fault in civil cases. For personal injury lawsuits, the jury will ultimately decide how much compensation the plaintiff should be awarded for the damages they sustained.

• You may sign a confidentiality agreement, which will bar you from discussing your case with others. • The defendant will not be found negligent. Although attorneys make recommendations, the decision to settle or go to trial ultimately rests with the client.

Here are some benefits of a jury trial:

• You get your day in court. • A jury may award a larger sum of compensation compared to what the defendants may offer to settle your personal injury lawsuit.

– Pat Cummings

SUDOKU

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312-663-7016

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Phone: 312-663-7016 Text: 312-847-2428 www.shannonlawgroup.com

135 S. LASALLE ST., STE. 2200 CHICAGO, IL 60603

INSIDE THIS ISSUE

Please Join Us for Our Christmas Party

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Is Illinois a ‘No-Fault’ State for Car Insurance?

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What Is VAERS?

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The Pros and Cons of Settlement vs. Trial

Photo of the Month

The Shannon Family With Notre Dame Hall of Fame Coach Lou Holtz

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