Cook County Record

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Schaumburg man alleges malpractice vs. law firm which helped settle injury claim

By Dan Harkins | May 6, 2015

A Schaumburg man has sued his attorney over how his workers' compensation claim was settled.

Mark R. Nowalski filed a lawsuit April 20 in Cook County Circuit Court against the firm of Martay and Martay and David W. Marty.

According to the complaint, on Nov. 10, 2005, Nowalski was working for a paving company and fell while getting out of a truck, breaking his left wrist and injuring himself him in other ways. The suit says Martay and Martay assisted him in filing a worker's compensation claim.

The suit says the defendant "induced Nowalski to agree to the proposed settlement as opposed to proceeding to hearing by convincing Nowalski that Martay and Martay investigated all aspects of the settlement, was familiar with it and was of the opinion it was the best 'deal' that Nowalski could have received and that he would be sure Nowalski was fully protected."

In the documents, the suit says, "the settlement should not have been entered into, and Nowalski would have not agreed to the settlement had he learned what he learned approximately six months after signing the settlement agreement."

The suit says the agreement deprived Nowalski of monthly compensation payments and a lump sum settlement, while the lawyers failed to draft the proper documents that kept Nowalski from paying "extraordinarily expensive costs for medicine that he cannot pay for out of the Medicare set aside account; failed to investigate available medications; negotiate a suitable settlement agreement; and failed to "appreciate that some medications not approved by Medicare work better than approved medications and as a consequence Nowalski is paying hundreds of dollars per prescription for uncovered medications."

Nowalski seeks damages of more than $200,000, plus costs. He is represented by attorney Thomas W. Gooch III, of Gauthier & Gooch in Wauconda.

Cook County Circuit Court Case No.: 15-L-63034.

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