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Michael Helfand

How Illinois Medical Malpractice Is Like The NCAA Tournament

There is an old saying in basketball, especially on pick up courts, that goes “No harm, no foul.” This essentially means that if it didn’t hurt you when I fouled you that you need to just play on and there’s nothing you can do. We’ve seen a bunch of hard fouls already during the NCAA basketball tournament, but many of them wouldn’t be fouls at all if it were just a bunch of buddies getting together for a pick up game.

Medical malpractice lawsuits in Illinois kind of work in a similar way. I get calls all the time from people who treated with a doctor or hospital who were clearly negligent. For example, I’ve talked to people who went to the hospital or urgent care with what clearly sounds like a blood clot in their leg. The doctor sends them away telling them that it’s likely just a sore muscle. Hours later they are in a lot of pain and go to a different hospital only to discover the blood clot and get rushed in to surgery or put on blood thinners.

Another common example is when someone goes to the hospital with an arm or ankle injury and are told after x-rays that it’s just a sprain. Maybe a month or so later after walking around in pain they discover that there is a broken bone. Unless they can show that they are now permanently disabled in a way that wouldn’t have happened any way it’s probably not a case worth bringing.

“I could have died” is what I’m told a lot and that is true. But to paraphrase basketball, no harm, no lawsuit. Illinois medical malpractice lawsuits are not about what could have happened, but instead are about what did happen. It costs often $50,000-$100,000.00 or more to go to trial in one of these lawsuits. There are strict standards for even bringing the case in the first place which involve numerous medical professionals testifying as to what was done wrong. That costs a lot of money. As a result, Illinois malpractice law firms can typically only bring lawsuits when there are damages which are really significant.

It sucks because it’s true that a lot of doctors get away with really bad treatment and when they do, they often go on to harm many others. It doesn’t make us money, but it’s a simple truth that you have to have negligence (not just a bad result) AND real damages to make bringing a lawsuit worthwhile.

If you do have a complaint against the doctor when they have been negligent, but it’s not worth a lawsuit, filing a complaint with the Illinois Department of Professional and Financial Regulation. They license and discipline doctors and it’s their job to protect the public even when the doctor doesn’t cause a catastrophic harm. You can always call us at (312) 346-5320 to speak with an attorney for free, and we will let you know if it is worth filing a lawsuit.

Your Cousin Is A Terrible Lawyer

Nobody wants to pay for a lawyer if they can avoid it. That said, I’ve been running this service for 15 years and have talked to over 300,000 people. I can’t tell you how many people over the years who have hired their cousin or uncle or friend for a case and then called me because they greatly regret that decision.

One of the biggest mistakes lawyers in Illinois make is assuming that they can handle any case or that taking on a claim will be easy. Insurance companies and other attorneys usually pounce in those situations and make the lawyer’s life difficult which in turn screws up your case. You’re essentially fighting with one hand tied behind your back.

The number one key to success in any legal case is getting an attorney with experience on the type of matter that you are handling. The problem that we see over and over is that your relative tends not to have the experience you need. Whether they take the case out of greed or pride or something else is beyond me. When the clients get to me it’s often because the case is either screwed up or dragging on forever. This leads to hurt feelings and often a bad result with the case itself.

For anyone who is considering hiring an attorney in Illinois, we always recommend that you think long term. That doesn’t mean go and spending $50,000.00 when your cousin will do the case for free. What it does mean is to try and figure out what your long term goal is, what’s the outcome you are looking for and who can best help you achieve that goal. If you were injured in a car accident and your relative has spent their career writing wills and filing bankruptcy paperwork, they aren’t the best attorney for you.

In any of these cases it’s up to you to look out for your own best interests. If you don’t then you can’t expect that anyone else will either. Don’t feel obligated to hire anyone other than who you think can do the best job for you. Once the case is done, it’s over and you can’t go back and hire the lawyer should should have retained in the first place.

To get a free referral for your case, call us at (312) 346-5320 or fill out our contact form. We want you to find the right fit for your situation.

No, Your Employer Can’t Make You Pay For That

A woman who contacted me works in a restaurant waiting tables. I used to be a waiter and know from experience that customer orders will get screwed up. It’s not on purpose of course, but things happen. You write it down wrong, the cook reads it wrong, the customer changes their mind. Things happen.

At my old restaurant, Bennigans, it wasn’t uncommon for us to offer a free desert or appetizer to try and smooth things out. It cost the restaurant next to nothing to make the customer happy and as waiters we didn’t really care. We just wanted good tips.

The woman who called me also has occasional unhappy customers. Her boss unfortunately deals with these problems differently. If they have to comp a meal because it took too long or was prepared wrong, they take it out of the staff’s check. If they comp a desert or app or anything else, it comes out of her pocket.

This is completely illegal. The same is true if the manager wants to take your tips.

It’s not just the restaurant industry. We’ve seen other employees who are asked to pay for office supplies. That’s not how it works. Drivers are forced to pay for damage done to vehicles out of their paycheck. It’s completely illegal.

In one extreme case, a driver who called us was expecting a check for over $2,000.00. When he got the check it said -$300.00 which meant the boss was telling him he owed them $300 for a big dent on the side of the truck. That is very much against the law.

The good news is that a lawyer can almost always solve these problems because there is no defense to them. And when you win a wage claim your employer usually has to pay your lawyer fees.

Bottom line is that if something seems unfair or just plain wrong, it often is illegal. Don’t just accept it. Investigate your rights by speaking with an attorney. You are always welcome to call our Chicago law office at (312) 346-5320. All calls are free and confidential. Alternatively, you can fill out our contact form.

The Good Of Sexual Abuse Lawsuits In Illinois

You wouldn’t wish sexual abuse on your worst enemy. It can destroy a life and really multiple lives because it can cause major intimacy issues.

In cases where you are fondled without consent, it takes an extra brave person to come forward because that usually means there is no DNA evidence. So it becomes a she-said/he-said situation which is hard to get an arrest on and also hard to win a civil suit.

That said, when one person comes forward it gives others the courage to come forward too. We saw this in action after we were contacted by a woman who was fondled by her Will County doctor. We referred her to a top attorney in Chicago for molestation and sexual abuse lawsuits. And it was certainly courage because this doctor was/is very popular in his community and had lots of supporters even when more damning facts became known. It was in a way similar to the people who continued to stand behind Bill Cosby even when woman after woman came forward against him.

When she came forward and the case got some publicity, that gave four other women the courage to also come forward. As a result the doctor was arrested, pleaded guilty and had his license to practice medicine taken away.

The best thing that a lawsuit can do is to prevent a bad thing from happening again. That is what this lawsuit did. It inspired others and got justice. The women did get a settlement, but it wasn’t anything life altering. The most amazing part of this case was that the doctor is no longer able to prey on other women who are his patients.

So while I certainly understand that it’s not easy to come forward in these situations, please know that if you do, you won’t be able to undo the harm that was done to yourself, but you may be able to save others. While that alone doesn’t make you feel better, we have found that it goes a long way to helping you move on with your life and feel a sense of closure. That is a result that no monetary amount can provide. If you’d like to have a confidential call with one of our attorneys, call us at (312) 345-5320 or you can fill out our online form.

See also: Civil lawsuits after a rape in Illinois

Why Not A Non Lawyer For The Supreme Court?

There is a ton of political nonsense about whether or not President Obama should be able to nominate a Supreme Court justice or if it should be the job of the next President. That’s not what this blog post is about.

Whether it’s in a few months or next year, eventually there will be a new Judge on the Court and you can bet your last dollar that they will be a lawyer. As an attorney myself you’d be surprised to know that I don’t think that is the best idea.

Nothing in the law of the land requires that a Supreme Court Judge actually be an attorney. I do think it makes sense that most of the Judges are lawyers and understanding case law, legal precedent and how the system works is certainly a good idea. It’s also not rocket science and is something we teach to every first year law student. Certainly it could be grasped by a non lawyer of any reasonable intelligence.

While I’m not suggesting that anyone off the street can/should take this job, I do think that a non-partisan, successful person would be a great choice. Howard Stern jokes that he’ll be appointed Judge if Donald Trump gets elected. He’s not serious, but the reality is that he was a great judge on America’s Got Talent because he had firm opinions that all had an explanation for them.

To me the most important quality in a Judge aside from being impartial is that they are willing to look at both sides of an issue and then make a decision based on reasoning, not emotion. It’s one thing if law is settled such as free speech under the first amendment. But when there are questions like should corporations be able to get out of class action lawsuits via hidden arbitration clause agreements or deciding what limits should be placed on a “well regulated militia”, we need someone who can look at these issues as they apply to our world today and offer common sense rationale.

With Judges we have the advantage of their previous rulings to determine if they are biased in favor of one side or another. With non-lawyers we wouldn’t have that, but we would have the lifetime of their tweets as well as a look at what they’ve done with their professional career to see if they are really impartial or not.

The point is that non-lawyer citizens seem to have no representation whatsoever on the Court and deserve to have their own voice. If that voice ends up being the swing vote it’s even better as results might actually then reflect the will of the people.

Sadly we don’t have nine Judges who are real swing votes. In most cases you know how most of them are going to vote and that their reasoning will just end up fitting their desires. How great would it be to have a Judge who actually judged? If it takes a non-lawyer to do that it’s even better.

Do I Have A Lawsuit – Illinois Wrongful Death Law?

A caller to my office was in a relationship with a man for 20 years. They did not have any children together, but he did have kids from a previous relationship. Although they considered themselves to be husband and wife, they were never legally married.

He, sadly, was hit by a car while crossing the street. He was in the hospital for a few days and then died from a blood clot that was not diagnosed in a timely manner. There is a potential wrongful death lawsuit against both the driver for hitting him as well as the hospital that did not diagnose him correctly.

The problem for my caller is that Illinois does not have common law marriage. So she has no right to sue for her emotional and economic loss as she doesn’t have a legal relationship with the man who was her partner for 20 years.

The man’s kids are the ones who have a right to sue and only them. It may not be fair, but Illinois wrongful death law isn’t always about fairness, at least when it comes to who can be compensated for a loss of a loved one.

The kids already have a lawyer and she was hoping to bring a separate lawsuit for herself. Even if she had a right to sue, there can’t be multiple lawsuits for the same action. One person gets designated to represent everyone’s claims.

The fact that his will left everything to her is unfortunately irrelevant. She will get his possessions such as the house that they shared and their joint bank account. A will though does not get to designate who can sue for an accidental or negligent death.

Of course nobody anticipates that they are going to die by accident. That said, if you are in a relationship with someone you’d be best served by getting married if something like this is important to you. If not, they and you risk suffering even worse if something bad happens.

If you have questions about Illinois wrongful death laws or would like our help in finding an attorney or learning if you have a case, please call us any time at (312) 346-5320. All calls are confidential and you can always speak with one of our attorneys for free. We can’t promise you a result, but do guarantee that we will give you honest advice and do whatever we can to help you.

How Much Does A Chicago DUI Lawyer Cost?

If you get arrested for a DUI, your life is pretty much on the line as you can go to jail, lose your license and/or have a huge fine. This can have a whack-a-mole effect as it can lead to loss of your job, marriage or other things that are important to you.

So to say the least, getting a good attorney to defend you is really important. It should be a lawyer who does a lot of work in the court where the case is being heard (e.g. don’t hire a Joliet lawyer for a Rolling Meadows DUI case). It should be a lawyer who is experienced with a real track record of success. The attorney needs to communicate with you and fight for you.

But what does a top DUI lawyer in Chicago or anywhere else in Illinois cost?

The answer is that a lawyer can charge whatever they want and in some unethical cases, they’ll charge as much as they think that they can get from you.

As a consumer, know that just because someone is more expensive doesn’t mean that they are worth it. Some lawyers (including many who we recommend) have developed a reputation as someone “you have to work with” so their clients will often pay whatever it takes to get them.

These are usually good attorneys, but there are plenty of them and others who won’t rip you off. In one horror story that I heard recently, a Chicago DUI attorney charged a client $18,000.00 to handle the case and told the client that he wouldn’t do anything other than have the case continued until he was paid in full.

What that tells you is that he cares only about his bottom line and not about the best interests of the client. It’s possible he could have resolved the case in one or two court dates, but didn’t do that so he could make more money. That is ridiculous.

So how much is reasonable? You should beware lawyers that are too cheap (anything under $1,500 in my opinion). There is a lot of work that is involved to succeed in most cases and I don’t believe that you can find a good lawyer willing to handle a case for less than that amount.

I think you’ll find that $2,500.00 is around average for a first time offender in the Chicago area. Even if you have a felony DUI I wouldn’t recommend paying more than $7,500.00 unless your case is unique.

Big picture, I strongly suggest that you talk to a couple of firms to make sure you are comfortable with their experience and strategy. It’s not much different than shopping for a TV or anything else. If a lawyer is much cheaper than everyone else it’s a warning sign. And if they are way more expensive it’s a warning sign too.

If you would like our help in finding the best Illinois DUI lawyer for you, call us at (312) 346-5320 to speak with one of our lawyers. It’s always free and confidential.

What is my case worth? Illinois Personal Injury

Determining a dollar value to a lawsuit can be a very difficult thing to do even though it’s the number one question that we get on an Illinois personal injury lawsuit. Many moving parts need to be examined before an attorney can answer the question, “How much is my case worth?”
The first determining factor is actual damages that occurred that can be monetized. In the case of a car accident, those damages go far beyond the simple cost of replacing or repairing the vehicle. Medical bills for instance are a big factor. The extent and longevity of your injury is another determining factor. If the accident has resulted in a life changing injury, your case could be worth more in a monetary result. Another factor that goes into the formula is if you lost work income due to recovery and treatment of those injuries, and how long you were out of work; if you have been cleared to return to work. How are these injuries going to affect your future, not only financially but your overall well being?

In some cases, the settlement offer will include up to three times the amount of medical bills and lost time from work (this is known as the “specials”) as a starting point, but that is a terrible way to negotiate a case.  Everyone’s life is different and how your injury affects your life and will in the future is a really important part of the analysis.  Even how your spouse is affected could be part of the settlement.

Additional factors to determining value of a case do include the financial side of the accident. Can the fault be placed on someone other than you for the accident? Is that fault clearly placed on the other party? If the answer to those questions is yes, the next factor is collectability of a settlement. If the other party does not have insurance the chance of a high settlement goes down, because it will be too difficult or nearly impossible for another person to pay the settlement. If they did have insurance, one of the components of the formula is their insurance policy limits.
Your attorney may suggest several different ways of coming up with a dollar amount to ask for before proceeding with settlement.  Of course, settlement is a negotiation process, and this is not one you should try to do alone, without an attorney. There are potential future risks if you settle too low, and of course, there are risks for asking for a settlement that is unrealistic. Settling is often the better choice due to the potential of extra legal fees that will come out of any settlement recovery.  Your attorney will also discuss any and all options before accepting a settlement on your behalf.

Ultimately though you must be happy with the settlement.  That doesn’t mean you can be unreasonable and expect to get anywhere (e.g. if you broke your arm, but don’t have any long term problems and missed little to no time from work, asking for a million dollars would be a joke).  At the same time, it’s your life and you shouldn’t take a low ball offer just to get the case done with. Once it’s settled, it’s over and you can’t go back months or years later and ask for more money.

If you have questions about what your case might be worth or just want to ask questions of one of our attorneys, call us at any time at (800) 517-1614.  It’s always free and confidential.

Is It Possible To Make A Good Lawyer Commercial?

https://www.youtube.com/watch?v=q7LwRFhfRQc&feature=youtu.be

You’ve all seen the ads.  Especially on those days when for whatever reason you aren’t at work, but are instead watching Jerry Springer or Judge Judy in the middle of the day.  The creepy, slimy attorneys who say things like “We don’t get paid until you do!” or “I’m a warrior” or “We did it for them” along with pictures/video of clients on crutches, in wheel chairs or with bandages around their heads.

They are essentially a Better Call Saul episode that has come to life.  It’s gross and helps give attorneys a bad name.

Every year I get called by cable companies asking me if I would run a TV ad.  Every year my response is the same. Yes if the price is right AND if you can develop a non-cheesy, not disgusting ad for my law firm.  I’ve never been pitched anything that I’d be proud to put my name on. Granted, our practice is unique in that we provide legal guidance and lawyer referrals, so it’s not as if they can take a cookie cutter approach with us and re-do an ad that worked well for someone else.

I have looked at a bunch of lawyer commercials myself because I’m intrigued as to whether it’s even possible to create a good lawyer commercial.  I’m creative, but not that creative, so it won’t be me that can put something together.

So we are holding a contest.  If you can create a great lawyer commercial for Illinoislawyers.com, we’ll pay you $5,000.00 if we use your commercial or concept.  No hidden agenda or strings attached.  We have traditionally done all of our ads on the internet, but wanted to see if there was a good way to promote our service on TV.

Looking for guidance.  30 seconds tops.  Not something that would run on day time crap TV.  Our motto is that we treat callers like family members or friends while at the same time giving direct, plain English advice because that’s how we would want to be treated.

If you think you have a concept for us, fill out our contact form and let’s go from there.  We will accept submissions between now and May 1st.

Illinois Divorce When Your Spouse Has A Substance Abuse Problem

If you read our website, you know that we highly recommend that when you hire an attorney in Illinois, you choose one who has a very narrow practice focus.  Illinois attorneys can’t legally call themselves specialists, but you want someone who isn’t a jack of all trades lawyer, but instead just handles the type of case you have.  So a “specialist” even if we can’t call them that.

When it comes to choosing a divorce attorney in Illinois, you not only want someone in your corner who is experienced and will fight for you, but you need to make sure that they understand the issues you are facing.  Some law firms are good at divorces when one spouse owns a business. Others have had success with child custody disputes.

Most firms who focus on family law will also deal with substance abuse in marriages because it comes up a lot. The question for you is, are they paying appropriate attention to this potentially devastating problem.

If your husband/wife is an alcoholic or abusing drugs it can cause so many problems. First and foremost is that you don’t want them to be alone with your children and certainly not taking the kids anywhere in a car. As a client you can’t just hope to prevent this, but instead need a lawyer who knows how to properly present a motion that shows this concern and knows how to prove your allegations are true. Often this will mean getting an order of protection on behalf of the kids.  Other times it’s handled in a straight custody hearing where we argue that any visitation should be supervised.  It’s all about knowing how to win and showing that you have won in the past.  You don’t want an attorney to have one of their first experiences handling this problem on your case.

Beyond the kids, there is also the issue of the spouse who blows all of the family funds on their habit and runs up large debts.  These are marital funds and even if they are taken away via reckless spending, they some times can be recovered as well.  For example, if you have a $100,000.00 401k, typically you and your spouse would split it 50/50 if it was all earned during the marriage.  But if your spouse spent $20,000.00 on a cocaine habit, you might get a credit for that wasteful spending when it comes time to divide the 401k.

Other things can be done such as drug testing to prove your allegations are true.  This all starts though with an attorney in your corner who knows what they are doing.  We can’t call them specialists, but that’s what you need.

If you would like our help in finding the right lawyer for your case or just have questions, call us for free at (312) 346-5320 or fill out our contact form and we’ll call you.

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