Litigation

One of the best additions to Chicago in the last 20 years has been Maggie Daley Park.  It’s made Grant Park and The Loop even better.  It’s not just The Bean, the ice skating, or the mini-golf.  The playground at Maggie Daley Park is one of the nicest around. I have great memories of taking my kids there when they were younger and it’s been a good choice for meeting up with friends when we are downtown. The kids run around and the adults can talk.

With my youngest child, when we first went there he wanted me to go with him on a big slide that has a bit of a tunnel. It’s called the Tower Slide and I remember thinking it was kind of fast. What I didn’t think at the time was that the slide was leading to injuries.  On a side note, being a lawyer leads me to think just about anything can be an injury. I’m not sure why my paranoia wasn’t in place that first time we were there.

It turns out that a lot of people have been injured on that slide over the years and it’s lead to multiple lawsuits against the City.  Both kids and adults have been injured, many from a sharp right turn that follows a nine-foot drop.

The end result is that the slide has been dismantled.  Obviously, not everyone who went down the slide got hurt, but it was enough to lead to a lot of lawsuits.  These lawsuits might take away the fun from some people, but the reality is that they make people safer.   While the Park District said that the slide was removed out of an abundance of caution, that’s likely lawyer-speak for “We know it’s dangerous, but we can’t admit it.”

It would be great if corporations, hospitals, cities, and others made changes without being sued.  The reality is that it’s quite often a lawsuit that pushes changes to be made.  And it’s not just a slide situation.  Often the best reason to sue a hospital or nursing home beyond compensation is to prevent a similar injury from happening to another person. Your lawsuit is, in a way, you looking out for others as well as yourself.

The reality is that most defendants are corporations and they think about the bottom line more than anything else. You might be suing a nursing home, but you’re really likely suing some nationwide company that owns many nursing homes. Your lawsuit can lead to changes because they don’t want to face similar claims from other people.

So it’s a bummer that the fun slide is gone, but it’s great that it happened because the Park is still a blast and people aren’t going to get hurt there as much anymore.

An interesting case is making its way through the courts, and the employer tried to use the Illinois Workers’ Compensation Act to get out of their alleged bad behavior.

In a nutshell, here’s what happened. An Enterprise Rent-A-Car facility in Cook Country used a fingerprint timekeeping system for its employees. When employees arrived at the beginning of their shift, the system scanned their fingerprints and they clocked in. The same process was repeated at the end of their shift to clock out.

A former employee at this facility, Dawon Wordlaw, brought a lawsuit against Enterprise Leasing Co. of Chicago and its parent company Enterprise Holdings Inc. under the Biometric Information Privacy Act, or BIPA. BIPA is an Illinois law requiring employers to get informed consent from workers before collecting biometric data, such as fingerprints.  It’s a newer law and companies are screwing up with it all the time.

Ms. Wordlaw alleges that Enterprise used its timekeeping system to collect, keep, and share her fingerprints without her informed consent.

She claims that Enterprise: 1) didn’t tell her that her biometric information was being collected and why it was being collected; 2) didn’t get her written release to allow the company to collect and store the info; 3) didn’t create a publicly available policy that included a schedule for retaining biometric information and guidelines for destroying that info; and 4) shared her biometric data without her permission. Wordlaw maintains that Enterprise gave access to her biometric data to its subsidiaries, data storage vendors and payroll service providers.

In response, Enterprise sought to dismiss Wordlaw’s lawsuit, arguing that she should not sue them for negligence, and that the matter would be covered under the Workers’ Compensation Act.  That Act bars employees for suing their companies for accidents in exchange for getting work comp benefits.

After reviewing the arguments, a federal judge rejected Enterprise’s argument. The judge explained that an accident under the Workers’ Compensation Act is “anything that happens without design or an event which is unforeseen by the person to whom it happens.” He continued, and wrote that the BIPA violations, “were no accident.”

This goes to show that not every issue between an employer and employee falls under the Workers’ Compensation umbrella. And quite honestly, the defense they raised sounds ridiculous to me. If you believe that your employer is gathering your biometric data without your consent, feel free to contact us to speak with a lawyer for free. It’s not always a cut-and-dried matter, and we’d be happy to be a sounding board for you.

We are Illinois experienced Illinois attorneys who will talk to you for free about your legal matter. Call us at 800-517-1614 for a free consultation.

Life insurance is a really useful product for people when it’s done ethically.  If you pass away, you want to leave money for your loved ones whether it be for funeral expenses or to support them in their daily acts of living.

Unfortunately, not all life insurance companies act honestly in processing these claims.  They lose money every time that they pay out a claim, so if they think they can deny a payout, they will.  They’ll even do it when they know they can’t get away with it if you sue them over it.  In their minds, they have nothing to lose, because if you sue they’ll just have to pay out what they owed anyway.  As a result, often these lawsuits get filed and settled very quickly.

One common reason for a denial is when coverage has lapsed or the insured person missed a payment.  If you are hit by a car or dealing with a severe illness and in the hospital, it makes sense that you won’t be paying your bills in a timely manner.  A lot of life insurance policies have clauses written in them that say something like, “the policy will be terminated if it is not paid within 31 days of the due date.”  So you can spend thousands of dollars over many years and then lose everything.

The good news is that Illinois law is looking out for this type of situation.  Section 234(1) of the Illinois Insurance Code says: a life insurance company can declare a policy has lapsed only if a premium payment is at least six months overdue or the company notified the insured party beforehand that “the policy and all payments thereon will become forfeited and void” if a premium is not paid on time.

This scenario actually happened in a recent Illinois court case.  A man had paid over $23,000 in premiums toward a $250,000 policy.  He got sick with a very serious form of cancer and eventually passed away from it. He missed payments and although the insurance company sent a payment termination notice. He died four days after the grace period ended.  The Judge in the case ruled that the termination notice provided didn’t specifically state what would happen if a payment wasn’t made on time. In the ends the kids won and collected their money.

We’ve seen similar denials on cases where someone missed a payment and then caught up with their payments. The life insurance company accepted the check and then had the nerve to later say the policy was terminated because payments were late.  It’s really gross behavior.  While you shouldn’t miss a payment if you can help it and you should catch up if you do, there are laws that address how these situations should be handled.

The bottom line is that we’ve had great success with these cases and it costs nothing to bring a case unless we are successful. If you would like to discuss a life insurance benefits lawsuit for free, call us any time.

The Illinois Sales Representative Act governs commission payment law in Illinois. The Act covers three main areas. 1. When commissions come due to the employee. 2. How employers should handle commissions owed to a terminated employee. 3.The penalties that can apply to employers if they fail to comply with the Act.

When you get paid your commission depends on if there is a contract or not. If there is, generally speaking that contract will control. This can include limiting your right to a commission if it hasn’t been fully earned yet or if you are no longer employed.  If there is no contract, the law instructs us to look at how the employer has typically handled paying commissions in the past. For example, if you are a salesman who usually receives payment within seven days of a client paying their bill, that is how you should be treated if there is no contract.  If you are a new hire with no payment history, we look to see how the company has treated other employees and hold them to that standard.

If a commission based worker is terminated, Illinois law says they should receive payment within 13 days of their termination.  If more commissions become owed at a later date, they too should be paid within 13 days after they come due.  Under Illinois law, an employee can’t waive their right to collect this owed money.  Any agreement that says it’s waived can’t be enforced.

If your employer doesn’t pay commissions, you can sue them. The law in this area is very favorable to Illinois workers. It allows you to collect up to three times what you are owed.  In addition, your employer may be forced to pay your lawyer fees and all of your court costs. The longer it drags out, the more it can cost them. So if they don’t have a good defense there is usually strong motivation to settle.

The attorneys we know who handle these cases usually work on a contingency basis. That means they only get paid if they win and there are no costs to you up front. This is really important because if you have been screwed out of money that you are owed and need to live on, the last thing you can do is pay a lawyer.  Even better, the attorney if they win your case doesn’t take money from your recovery but instead their fee is a separate case issue.  So if you are owed $10,000, you can end up with $30,000 and your lawyer will get whatever their bill is.

If you feel you’ve been wrongly denied commissions or just have questions, call us any time to speak with a lawyer for free.

If you have attended a protest or march in Chicago in the last week, odds are that you have been peaceful.  Despite that, we are seeing scores of people getting arrested and/or being victims of police brutality.

Police do not have a right to physically harm peaceful protesters.  They do not have a right to arrest someone for no reason or make up a charge against you. They do not have the right to use excessive force.

I’m not talking about the looters.  Whoever is doing that should get arrested. I’m talking about people who are marching for black lives, fighting to end racist policies and policing, working for justice, etc.  If that’s you and you have been wronged by the authorities, we can likely help.  And even if you were looting or suspected of it, the police don’t have the right to abuse you and should not use excessive force against you.

While we can’t guarantee you a result, we do promise you can speak with a lawyer for free who will listen to what happened to you. We are lawyers who help people find the right attorney for their case and can connect you with a civil rights attorney who will fight for you.

I’m talking about things happening like in this video in the link posted below.  Police don’t have the right to violate the constitution or your civil rights.

It’s beyond baffling to me that the police are responding to protests about abuse with even more abuse.  This is going to cost the City millions of dollars, but hopefully all of the lawsuits that are going to come will lead to some positive changes.

I encourage everyone to continue to be peaceful, protect themselves and record what is happening whenever they can.

To speak with a lawyer for free any time, call us at 312-346-5320.  All calls are free and confidential.

Police brutality compilation

I’m a lawyer and even I wouldn’t want to hire a lawyer if I didn’t have to. I’ve paid for an attorney for real estate closings and for a will, but fortunately have never been in a situation where I personally had to shell out thousands for an attorney.

Most people don’t want to pay a lawyer if they don’t have to.  Some simply can’t afford it. I get it. Hiring a lawyer can be expensive.  In some cases you can get a lawyer who only gets paid if they win the case.  This is called working on a contingency. A lot of people call us wanting this type of lawyer.  Here are six ways you can make it happen.

1. Have an injury case.  Just about every injury case should be done this way.  It’s most common for malpractice, workers comp and car accidents where you aren’t at fault. Sadly, if someone hits your car, but you aren’t injured, getting a contingency attorney to help get the car fixed will be near impossible.  On the other hand, if you have an injury and property damage, the attorneys we know will handle the whole case on a contingency.
2. Have a case that has value.  I would never tell someone to see the doctor if they aren’t injured.  That said, an injury case has more value if you receive medical treatment. So if you are truly hurt, go to the doctor.
3. Don’t be a defendant. It’s impossible to defend someone on a contingency basis. That’s because you aren’t recovering anything.
4. Don’t be going through a divorce or criminal case. It’s against Illinois law to handle either of these cases on a pay if you win basis.  There is no recovery in criminal cases and it would be immoral to do it that way in a divorce.  Plus you can’t take a percentage of child custody.
5. Have a wage case that is worth at least $10,000.00 or a consumer fraud case. In both of these situations it can be possible to make the defendant pay the lawyer fees.  If so, no attorney is going to ask you for any money up front.
6. Get your facts organized in a clear and concise way.  Any lawyer can understand a story of being rear-ended at a red light.  But if you want to sue for something like a fraudulent will and don’t want to pay for it up front, an outline of what happened makes it more likely that the attorney will take your case. Keep out the emotion and stick to the facts.  By that I mean something like: “On July 10, my sister took my mom, who had Alzheimers, to her lawyer friend to sign a new will.”  That is relevant and to the point. Adding how frustrated that made you doesn’t tell the story no matter how wrong everything is.

I hope this helps. If you have any questions or want a referral to a contingency attorney, call us at 312-346-5320 at any time.

With some exceptions for emergency situations and some criminal cases, you can’t have your day in court in Illinois right now. Chief Judge Evans of Cook County announced the other day that the courts will be closed through at least May 31st.  I’d quite honestly expect it to go on longer than that.

It’s very frustrating for people who don’t feel that they have access to justice when it comes to our civil courts.  I have a case that I’m a part of that was set to go to trial this week after four years of preparation and now it’s postponed until November at the earliest.  It sucks for the clients and everyone involved, but of course it makes sense and it’s a good thing we are doing this.

The reality is that some people are going to temporarily get away with nonsense and innocent people are going to suffer.  But that doesn’t mean you can’t act.  While you aren’t going to be able to appear in court this month, you can still file a lawsuit.

Filing a lawsuit does a lot of things to eventually get you justice.  First and foremost it lets the other person know that you are serious.  Second, while you won’t get in to court right away, you will get a court date.  There are certainly a lot of cases that have backed up the system, but getting in line now is really to your advantage. When courts do open back up, the other party will be on the clock of having to respond and that will also put real pressure on them. We also have seen that when someone is sued, if they don’t get a lawyer the first thing they do is call your lawyer.  Often you can get a result without ever even having to go to court.

It’s my opinion that when the Illinois courts do open up, there is going to be a flood of new cases filed.  We expect it a lot for divorce, but certainly for other areas too, like evictions.  My best advice is to get ahead of the game if you need to, and act now.  Nobody wants to have to sue someone or go to court, but waiting too long will likely make getting a good result even harder.

And as always, if you have questions or want to speak with a lawyer for free, call us any time at 312-346-5320.

We are Chicago attorneys who provide free legal guidance and attorney referrals in Illinois.  If you want to speak with one of our lawyers for free, with no strings attached, give us a call at (312) 346-5320 or fill out our contact form and we will call you.

If you know anything about insurance it’s that for most businesses, you never use any of the things that you are paying for.  Some brokers will get you to pay an extra $100 a year for some obscure reason and you go along with it because “it’s only $100.”  Insurance companies make millions with these add ons as well as with stand-alone policies that are almost never acted on.

Then came COVID-19, and some of these obscure dangers that businesses get insurance for are actually happening.  The problem is that some insurance companies are refusing to pay.

There was an article in the paper the other day about a Chicago restaurant that purchased business interruption insurance that is supposed to provide payment if there is a “necessary suspension of operations during a period of restoration.”  In plain English, it seems to say that if you have to close up shop for reasons that you can’t control, the insurance company will compensate you for your losses.

Obviously restaurants in Chicago and elsewhere have been rocked by having to close their doors to dine-in guests.  That has been a necessary suspension of business because it comes from the Governor’s orders.  You’d think an insurance company would agree and just pay out what they owe.

Well that hasn’t happened in this case and others.  It’s similar to when insurance companies deny life insurance payments.  They don’t have much to lose by doing the wrong thing because if you get a lawyer they likely won’t have to pay much more than they are supposed to.

We’ve had a lot of success with denied life insurance claims and we are confident we can do the same if your business insurance isn’t paying what it owes you.  You should check whatever policies you have purchased to see if you are entitled to this benefit even if it wasn’t the main goal of what you purchased for your business.  And if you have it and it’s not being honored, please call us to learn how to resolve this problem.  In most cases, the lawyers we recommend work on a contingency basis which means you won’t have to pay them unless they win the case.  And these cases can be a little tricky as they often require an audit of what your actual losses are.

We are experienced Chicago attorneys who will talk to you for free about your legal matter.  Call us any time at 312-346-5320.

Many people invest in securities like stocks, bonds and mutual funds, some for years and often decades, saving for retirement, children’s education, family support, wealth accumulation, to create a sense of financial security or to leave behind a legacy. Whatever their reason to save, most investors seek the guidance of a financial advisor, whose very role is to both advise and manage clients’ investments in order to ensure that they are getting a good return on their money.

Sadly though, investors will lose tens of billions of dollars not always due to market forces, but due to unethical and negligent financial professionals who abuse the trust and confidence of clients.  We’ve seen this a lot lately with the Coronavirus pandemic.  Some financial advisers make money based on you staying in the market. If you were to have sold all of your stock, they’d lose their commissions.

As a result we’ve seen some brokers who told their clients to stay in the markets when they knew or should have known the market was about to tank.  As a result, many people have lost their nest egg.  If you can prove your broker was negligent they may have to reimburse you for your losses.  It’s like suing a doctor or someone else for malpractice in many ways.

There are a variety of financial laws and obligations in place for stockbrokers, broker dealers and investment companies along with both federal securities laws and state securities law to regulate the duties that apply to the financial industry and the standards that the industry must meet.

Unfortunately, wrongful conduct within the industry still occurs every day. In 2018 alone, according to FINRA (Financial Industry Regulatory Authority), brokerage firms and financial professionals were fined more than $61 million and ordered to pay over $25 million in restitution. Additionally, 386 individuals were barred from practice and another 472 suspended.  You can bet that those numbers are going to sky rocket this year.

Investors have a “Bill of Rights” designed to protect their interests and investments from acts of fraud or wrongdoing. Brokers and financial investment companies, like in any other profession, have obligations to their clients. These include, but are not limited to:

• Duty of Good Faith and Fair Dealing – Brokers must reflect honor and integrity. They may not trade securities without investors permission, excessively trade to increase commissions or misuse funds.
• Duty and Knowledge of the Customer and Financial Conditions – Brokers must learn about the investor’s financial conditions before making recommendations.
• Duty of Requirement of Suitable Recommendations – Recommendations must be aligned with the investors financial condition, investment, objectives and risk level.
• Duty of Loyalty – Brokers must continually put the investor’s interests first
• Duty of Disclosure – Brokers must remain truthful, including communicating risks, relating to any investment decision.
• Duty of Authorization for Trading – Brokers are only to execute trades with permission from investor.

If a financial advisor or stockbroker has not fulfilled his or her obligations and that breach of duty to any of the above examples has caused a loss of money, then compensation through a claim can be pursued.

But how do you tell if you’ve been a victim of investment or securities fraud? It’s not always easy to determine, but here are some telltale signs of investment fraud:

• An excessive number of stock trades
• Sudden and unexplained losses
• Withdrawals from your accounts without explanation
• Trades not authorized appearing in your account
• Brokers or firm not responding to calls or emails

When the financial market climate goes bad, investment fraud and stockbroker misconduct and negligence become obvious more than ever. Whether it’s recommending unsuitable investments, making false statements, omitting material information or simply just negligence, when a broker fails to comply with the laws and regulations that govern their conduct and responsibilities, causing you to lose money,  there is a right to file a claim against them and the firm that supervises them.  If you want a FREE consultation with an experienced attorney to discuss your losses, please contact us at any time.

Short blog answer:

NO

Longer blog answer:

Illinois has been called a Judicial Hell Hole. It’s a phrase that was made up by people in the insurance industry.  They did it to try to help in lobbying for laws that favor them and would make them even more money on top of the billions they have in profit every year.

A bogus message like that doesn’t play too well in the Chicago area.  It does, however, play well downstate.  They’ve marketed to people in a way that makes it seem like lawyers are the enemy and insurance companies are somehow the good guys.

It’s been effective.  I was called recently by a nice man with a major injury on the job that caused him to lose his career as a plumber.  He trusted in the insurance company until one day they told him his case was closed.  They played nice and then blew him off and by the time he called a lawyer he missed the statute of limitations to file a case.

Their marketing saved the insurance company a couple hundred thousand dollars and of course left the plumber with nothing.

Stories like that happen all of the time. It goes to the root of what insurance companies do.  They make money, in part, by limiting what they pay out in cases.  If they know that a case should cost them 50k and they get out of it for 20k, it’s a huge win for them.  And if they get away with paying nothing then they’ve really won the day.  It’s not about people or what’s right or the law.  It’s about their bottom line.

Does Illinois have a lot of lawsuits?  Not in compared to other places that have a lot of people. And despite what you’ve heard, attorneys aren’t filing baseless lawsuits because they know insurance companies don’t pay on those cases and juries don’t award money on them.

Somehow they’ve gotten away with it and have made people think that the decline in manufacturing is due to lawsuits instead of technology and the economy.  People are looking for someone to blame and unfortunately are doing it at their own peril.

I wouldn’t want to hire a lawyer either, but if you are injured in an accident or otherwise wronged, not doing so could cost you.  If that happens you’ll be left holding the bag or having to go on public aid.  Neither option is a good one.

If you are a good person with a legitimate injury you should at the very least learn your rights and make an educated decision before it’s too late.  If you’d like to discuss any case with one of our lawyers for free you can call us at 800-517-1614.

The usage of biometrics has merged into our everyday lives and the collection of biometric data is on the rise.  Biometric data refers to unique, measurable human biological or behavioral characteristics that can be used for identification. Biometric identifiers include fingerprints, voiceprint, retina or iris scans, and scans of hand or face geometry.

Companies are gradually incorporating biometric identifiers into their everyday practices with their employees and consumer transactions. This has the potential to make authentication dramatically faster, easier and more secure than traditional passwords, but companies need to be careful about the biometric data they collect.

In many states, biometric data is considered protected information, just like your name or social security number. Biometric data, like a retinal scan or a fingerprint, is also considered protected information under certain data protection statutes.

In 2008, Illinois became the first state to regulate the collection of biometric data passing the Biometric Information Privacy Act, or BIPA. The Illinois Legislature implemented this act to protect individual privacy after public concerns of heightened risks of identity theft became associated with biometric information. BIPA stands as the strongest biometric privacy law in the U.S.

There are several requirements adopted by the BIPA requiring companies in Illinois to comply with when it comes to biometrics. Employers must obtain written consent from individuals if there are any intentions to collect or disclose any employees’ personal biometric identifiers, they must destroy biometric identifiers in a timely manner and they must securely store biometric identifiers. Additionally, employers may not disclose biometric information except in limited circumstances. Employers may not sell, lease, trade or otherwise profit from any individual’s biometric information.

This statute flew under the radar until recently when Facebook agreed to a $550 million settlement of a class-action lawsuit. Facebook was accused of violating the rights of millions of Illinois users by accumulating their biometric data without permission. Many more class-action lawsuits have surfaced, taking aim at smaller employers in Illinois. Understandably so when the penalties associated with BIPA range from $1000 to $5000 per violation. It should be noted that the BIPA is also the only law that allows for private individuals to file a lawsuit stemming from a biometric violation.

As biometric technology advances, so do the lawsuits. According to the Cook County Record, the parent companies of Mariano’s supermarkets and the Intercontinental Hotel Group have both been hit with class action lawsuits in IL regarding employee’s biometric data. They’re not alone though. Several lawsuits have surfaced in state court involving NorthShore University Health System & L.A. Tan Enterprises, Inc. Additionally, federal courts have seen similar lawsuits against Facebook, Shutterfly, Google, and Six Flags.

Biometric privacy issues are likely to continue growing as more and more companies begin to implement biometric technology.

As this is a newer law, firms that can claim real experience with these cases are few and far between.  We know which lawyers have had success with these cases.  If you would like a recommendation or just have questions, please call us at 312-346-5320.

I’ve been involved in a nightmare with UPS over a lost package.  It reminds me of a phone call I had from someone once who wanted to sue them over a lost package.

That caller, like me, wasn’t as mad at the package going missing as they were at the response by UPS.  Their terrible treatment of their customers makes you want to sue.

I had a very important package shipped to me on December 26th from my office in Chicago to San Diego where I was located that week.  I paid extra for two-day shipping which, due to the weekend, meant it was to arrive on December 30th.  On December 29th in the morning, the package arrived in Ontario, CA, about two hours away.  It hasn’t been located since.

UPS ships thousands of packages and I get it that they can get lost.  It’s their response that has me fuming.  The first thing that happened was that I called four times and got four different answers.

On December 30th, I called because the package was still in Ontario at noon, which based on my history of shipping made no sense. On call #1 I was told that they would look in to it, and someone would call me within an hour.  That was lie #1.

After a little over two hours and no call back, I called again.  That person told me that despite what the online tracking said, my package was on a truck and would be for sure delivered by the end of the day.  That was lie #2.

Two hours later I called again because I needed to leave my house.  That operator said the package is definitely not on a truck which was true.  She also told me that if it didn’t arrive on the 30th, it would show up on the 31st.  That was lie #3 as they weren’t delivering that day for some reason.

The final call was at the end of the day.  That operator said the package did appear lost, but told me that it had to be missing for 72 hours before they could do an investigation. I don’t know if that’s true or not, but it’s absurd if it is.  What was a lie is that she told me the delay was because my office messed up on the shipping weight.  The package wasn’t lost, just delayed.  Lie #4.

I started the investigation on January 2nd and now 11 days after sending my package via two day delivery it’s still missing.  No investigation appears to have taken place yet and I’m told it could take up to eight business days.  They told me I’d get a call from an investigator and that never happened.  Lie #5.

There is no way to call the Ontario location.  I emailed the customer service address I found online for UPS and it sent an auto response that said it’s not monitored.  In subsequent phone calls when I made clear how urgent it was to get this package ASAP I was essentially told that it’s too bad.

I understand that a package can get lost despite their tracking system.  But if my business screwed something up, I’d do whatever it takes to make it right.  It’s like going to a busy restaurant where everyone but one person at the table gets their entree.  The waiter doesn’t say “too bad, we are busy.”  They act like they care about you and try to make it right.

This hasn’t been my experience with FedEx or Amazon or even the USPS.  United Parcel Service is in the business of shipping packages and when they lose one they act like it’s no big deal.  They said I can make a claim to replace the contents of the package as if they assume I was shipping X-mas gifts instead of legal documents and checks that can’t be replaced.

It’s their flippant response and lack of effort that has me fuming.  It’s the same feeling my caller had when they wanted to sue them.  The reality is that the only way to get back at them is to take my company’s business elsewhere.  Every shipment has a contract that is certainly written in their favor.  Just like you can’t sue a restaurant for a rude waiter, there’s not much the average consumer can do about a company that doesn’t care about their customers. At least not in a court room.

So I will be pissed and keep calling until they find my package.  And I will take great joy the next time I have a case against them for an injured worker or one of their trucks hitting someone.  It doesn’t get me the delivery I desperately need, but it’s all I realistically have.

If a loved one has passed, the last thing you need is an unnecessary headache.  You are grieving and trying to get the pieces of your life back in place.  People should be sensitive to you at that time and not give you any unwanted stress.

Despite all of this, people who are entitled to payouts for life insurance policies are denied payment without reason.  So the question is why does this happen so often?

The answer is a simple and sad one. It’s all business.  If you are expecting a payout on a $100,000.00 policy and need that money to pay for a funeral or mortgage, you might be desperate.  So sometimes an insurance company might offer you a partial payout on a disputed basis to take advantage of your desperation.

More often though, they will just deny the whole thing. They do this because they hope you will go away.    There are very few Illinois lawyers with experience fighting for denied life insurance benefits and if your policy is not that large, it might be hard to find one willing to take on the case at all.

So from the insurance company standpoint, they can deny you without good reason because in their best case scenario you go away or take less money and in the worst case scenario for them, they just pay out what they would have had to any way.

They look for loopholes or accuse your loved one of not telling them everything about their health history. I’ve seen that as the basis for a denial when someone died in a car accident.  It’s absurd and abusive and beyond unfair.

The good news is that we do know attorneys who handle cases when someone dies and the life insurance company won’t pay out the policy.  And these lawyers work on a contingency basis which means you won’t pay them unless they make a recovery for you.

So don’t be frustrated.  Give us a call and our attorneys will talk to you for free and refer you to an experienced law firm that should be able to help you.  Fill out our contact form or call us at 312-346-5320.  We cover all of Illinois and can usually put to an end this terrible insurance company behavior.

See also: 12 Tips On Illinois Life Insurance Lawsuits

Although Illinois has a reputation as a plaintiff friendly state, the reality is that suing the State of Illinois for negligence has been very difficult.  That is because in 1971 a cap was put on lawsuits against the State that limited your recovery to $100,000.00.  The cap has not gone up for inflation or any other reason since 1971.  So a drunk Illinois State police officer in his work car could rear end you and kill your family and the value of the case would be $100,000.00.

The State also made it so you can’t sue in regular court, but instead have to sue in a State run court with State appointed judges called the Court of Claims. Essentially the defendant in these cases gets to pick the Judge.  And the process itself isn’t easy.  So what ended up happening is that a lot of good cases never got filed so justice was not served.  Attorneys would tell potential clients that they had a good case, but that the time involved and limited recovery made it not worth it.

In 2015 a bunch of Veterans at a Veteran’s home in Quincy were exposed to toxic bacteria and died of Legionnaire’s disease.  Thirteen heroes died and another 60 became ill from it.  Legionnaire’s is a severe form of pneumonia that inflames the lungs caused by bacteria spread through water droplets in the air.

The maximum value for these cases of clear cut negligence, because of the old law, was $100,000.00.  Fortunately the law has finally changed.  Senate Bill 2481 was passed last month that immediately and retroactively to cases filed since July of 2015 raised the cap on payouts to $2,000,000.00 which was a compromise after an initial proposal called for eliminating the cap altogether.

While I feel that there shouldn’t be a cap at all, these Veterans and anyone else harmed by negligence from the State of Illinois deserved a day in court and a chance for some form of meaningful compensation. There are many states less restrictive than us, but unlike the old law, the new cap at least gives victims and their families the chance to get in to court and have their story heard. These cases will still be a challenge, but now lawyers have a reason to take the cases and victims have the ability to get compensation that can come close to being considered just.

Suing the State of Illinois is tricky.  If you’d like to discuss a case with an experienced attorney for free, call us any time at 800-517-1614.

We’ve all heard and probably even used the expression “possession is 9/10th of the law.” So, by this mentality, what I physically have in my possession is mine? Great! The $20 I just saw drop out of the man’s wallet in front of me at Starbucks is now mine. The car my friend just let me borrow for the week, I’ll go ahead and keep that. What else do I have in my possession that I want to claim?

Okay, so let’s hope common sense tells us all this isn’t how it works. Yet, time and time again people have taken this idiom, yes that’s all it is, to mean fully what it implies. Let’s set the record straight: just because you have possession, doesn’t mean you have ownership. Possession isn’t 9/10th of the law.

A few common examples of cases implying possession is 9/10th of the law are pet ownership, engagement rings, and stolen property to name a few. A more recent example was a call received into the office where a woman had moved in with her boyfriend. Fast forward to when they broke up and he moved out, she decided she wanted to keep the furniture he had brought into the relationship. She felt entitled to it all because she had possession and her ex-boyfriend had no keys in to get it. Because, to her, “possession is 9/10ths of the law”, she felt she was in the right.

This old adage has been around for centuries and has been interpreted in many ways. The phrase “possession is 9/10th of the law” simply means that at law, ownership might be easier to maintain if one has possession of something and can be difficult to prove otherwise if not. This is where the remaining 1/10th comes into play. The person who is not in possession of the items is the one who has to prove his right to them. The challenging party has the burden of proof, giving the one who has physical control or possession over the property a slight advantage.

This is where replevin law comes into play. Replevin, also known as claim and delivery, is a law that allows people to recover personal property that they are the legal owner to. Replevin can apply to a variety of situations, including situations where property was lawfully withheld but should be released to the owner was not, like our previous example. It may also apply in situations where two parties have rights to possession of property, but one party may have greater rights to the property, such as an engagement ring.

Back to our original example, the ex-boyfriend will need to file a replevin lawsuit to recover his furniture. Unlike most other forms of legal action, replevin is seeking the return of a tangible possession, as opposed to recovering money damages.

Be sure not to get replevin confused with repossession. Repossession does not require a lawsuit and property can simply be taken back into possession without having to pursue a lawsuit first. This is most common with cars as a vendee broke the contract by failing to pay for the car as agreed.

Replevin law can seem confusing and tiring. If you think you have a valid claim, contact an attorney now to preserve your rights.

Illinois schools and their staff have a responsibility to provide a safe learning environment. Parents entrust teachers, coaches, bus drivers, custodians and school counselors, every day, for the safety and well-being of their children.

The sad reality is that each year, far too many cases reflect situations in which school employees take advantage of their positions of trust over children and engage in sexual misconduct.

Under Illinois law, if your child goes to a private school and is molested or otherwise sexually abused, the standard for winning the case is showing that the school acted negligent.  You can always sue the scumbag who committed the abuse, but there must be some sort of negligence on part of the school.

If the abuse happened at a public school, Illinois law requires that the school be more than negligent, but instead show reckless disregard.  In most cases that means that you need to show that the school knew or should have known that the staff member was doing these awful things or likely to do so.  So if they get a credible complaint about a staff member and don’t remove them and then it happens again, there would likely be a lawsuit.

It’s important to remember that the age of consent in Illinois is 17, but I would certainly argue that it’s beyond inappropriate for a teacher or coach to have a sexual relationship with any student whether they consent to it or not.  Beyond the age gap the position of authority issue is a real problem.

If your child has been a victim of abuse or you suspect that might be I recommend a few things:

1. Go to the hospital for an exam.

2. Go to the police and file a report.

3. Talk to an attorney before talking to the school.  Our first goal is to prevent this from happening to anyone else.  Unfortunately some schools will manipulate the situation and only look out for themselves at the peril of others and any case your child may have.

Very few Illinois law firms have real experience with these cases and a track record of success.  No matter where in Illinois this happened we can refer you to the best lawyers for a child sexual abuse lawsuit.  Call for a free, confidential consultation with our attorneys at 312-346-5320.  There is never a fee unless a recovery is made.

There seems to be an issue within social service departments and how children are handled. While their main focus seems to be first reunite children with their biological parents, kids are slipping through the cracks and are getting hurt and even dying in the process.

In one case in Cook County, a 2 year old was beaten to death by his mother. The mother had a background that included violence, drug use, prostitution and much more. The child was born premature due to the mother use of drugs while she was pregnant. The child was hospitalized shortly after birth because of the effects of the drugs and alcohol. During this hospitalization the doctors called DCFS because of the child’s condition as well as the fact this mother had 5 additional children who had been taken away from her.

After a short investigation, Lutheran Social Services placed the child back with the mother and closed the case. Six months later there was a report made of possible child abuse and that the mother was missing. The caseworker did not follow up and a few months later, and 2 more emergency room visits later, the child was dead from the abuse at his mother’s hands.

In this specific case, the father of the child was begging for custody. Social service agencies and doctors have a duty to report child abuse, and to protect children from further abuse. In this case, their inaction was deemed fault of the death of a child, and a $45 million dollar mistake.   Lutheran allegedly did not perform any risk assessment before placing the child back in the home.

This was a unique case involving errors by multiple doctors, agencies and Lutheran.  If something like this has happened to your family please call us at 312-346-5320 to see if you have lawsuit.