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12 Tips On Illinois Life Insurance Lawsuits

We are experienced Illinois attorneys who help people fight for payment of life insurance benefits. If you’d like a free consultation, please call us any time at 312-346-5320.

We thought it would be helpful to provide some tips on working with a life insurance attorney and how to win a case. So in no particular order:

  • The cases that we and the attorneys we recommend get involved with focus on situations where a person passes away, and the life insurance company doesn’t pay out the owed benefits in a timely manner.
  • Sometimes they give you an outright denial, other times they just blow you off or don’t respond. Another common tactic is to state that the case is under investigation, but not really provide you information as to what they are investigating or communicate updates.
  • We are looking to talk to people who have either received a denial or filed a claim more than 30 days ago without a response.
  • These cases are handled on a contingency basis which means there is no fee unless a recovery is made.
  • The first thing an attorney will want to do is see a copy of the policy to see what possible exclusions for paying out exist. For example, some policies state that if there is a drug overdose then no benefits will be owed.
  • We will need to know the cause of death and be able to have access to medical records.
  • Accidental death policy cases are very similar, but as the name states, typically involves a payout for an accidental death like a car accident.
  • The good news on these cases is that they tend to resolve very quickly. We settled one case for $2 million within months of first talking to the client. That was not at all unusual as the facts were on our side.
  • We will help people with any size life insurance denial case.
  • It doesn’t matter where in Illinois you are. We help everywhere in Illinois and you won’t have to travel.
  • A common question we get is “how could they deny my benefits?” The answer is that insurance companies are ruthless and to them this is all business. Their hope is that they will frustrate you enough to go away and they can save the money that they owe.
  • Because of how insurance companies act, we usually file a lawsuit within the first couple of weeks. Being aggressive is how you win these cases.

If you want to discuss hiring an attorney or just have questions, please get in touch any time. All calls are free and confidential.

Fetal Distress Malpractice Lawsuits In Illinois

We are experienced Chicago malpractice attorneys with over 25 years of experience helping people who have birth injury claims. Call us any time at 312-346-5320 to speak with attorney for free and in confidence.

Fetal Distress

In simple terms, fetal distress is a sign that your baby is not well or having problems. Fetal distress occurs when the baby is not getting enough oxygen. Fetal distress can sometimes happen during pregnancy, but it is more common during labor. Most healthcare providers have replaced the term fetal distress with non-reassuring fetal status (NRFS), but we will use fetal distress in this article.

Causes of Fetal Distress
Fetal distress occurs when the baby doesn’t receive enough oxygen because of problems with the placenta (e.g., placental abruption or placental insufficiency) or problems with the umbilical cord (e.g., cord prolapse).

Fetal distress is more common if the mother:
• Is past her due date
• Has a multiple pregnancy
• Has pregnancy complications such as high blood pressure or pre-eclampsia
• Has contractions that are too strong or too close together
• Is obese
• Has a chronic disease such as diabetes, kidney disease or heart disease
Signs of Fetal Distress

The most common signs of fetal distress are:
• Changes in the baby’s heart rate (lower or higher than normal)
• Less movement from the baby for an extended period of time
• Low amniotic fluid, or meconium in the amniotic fluid
• Excessive bleeding during labor

Detecting and Addressing Fetal Distress
Health care professionals trained in obstetrics and labor and delivery should recognize the signs of fetal distress during late pregnancy and childbirth and take quick action to manage it and prevent harm. Often a Caesarian may be necessary. Failure to act in a timely manner can sadly lead to brain damage and possibly death of the baby. The damages could be in the tens of millions of dollars in the worst case scenario.

What to Do If Your Baby Has Suffered
Doctors and hospitals are expected to look for signs of problems with your pregnancy. Items like fetal monitoring strips exist to prevent otherwise healthy babies from suffering a catastrophic injury that could lead to a greatly diminished life and a lot of suffering for your family. When they screw up you may have a lawsuit.

If fetal distress led to a death or permanent disabilities, there is a possibility that your doctor, nurses, or the hospital or birthing center is at fault. At the very least, they should be investigated. We understand that this may be an emotional time, but time is often of the essence. We can investigate what happened and hold those responsible accountable if they were negligent.

For a free consultation to speak with an experienced attorney, please call us any time at 312-346-5320.

Illinois Wrongful Death Statute Of Limitations

The only thing worse than losing a loved one, is doing so when it wasn’t their time. Often this is the result of the negligence or intentional act of someone. When that happens, you may have a wrongful death lawsuit.

In Illinois, there are time limits for suing over a death. It is all covered in the Illinois Wrongful Death Act. The Act states that whenever a death happens, you can sue the party responsible for damages, sometimes including punitive damages. Generally speaking, these lawsuits have to be filed within two years of the death. There are two big exceptions to that which I’ll discuss, but I’d say 99% of calls we get have the two year time limit apply.

In considering a lawsuit, you should know that there aren’t loopholes to this time limit. About once a month someone will call me who lost a loved one more than two years ago. When I ask why they didn’t call sooner I usually hear that they were grieving and not ready to process it. That makes sense and is a normal emotional reaction. Unfortunately it doesn’t get you around the time limits. The same holds true for people who tell me they hadn’t contacted a lawyer because they’ve been busy, sick, moving, thought someone else was doing it or just about anything else.

Time limits are in place to make the process fair to all parties and because over time, witnesses disappear and memories fade. It’s not seen as fair to a defendant to make them try to fight a case that they didn’t know was coming for over two years.

There are, as I said, two really big exceptions.

The first has to do with criminal cases. Let me quote the statute for you:

An action may be brought within 5 years after the date of the death if the death is the result of violent intentional conduct or within one year after the final disposition of the criminal case if the defendant is charged with:
(1) first degree murder under Section 9-1 of the
    Criminal Code of 2012;
(2) intentional homicide of an unborn child under
    Section 9-1.2 of the Criminal Code of 2012;
(3) second degree murder under Section 9-2 of the
    Criminal Code of 2012;
(4) voluntary manslaughter of an unborn child under
    Section 9-2.1 of the Criminal Code of 2012;
(5) involuntary manslaughter or reckless homicide
    under Section 9-3 of the Criminal Code of 2012;
(6) involuntary manslaughter or reckless homicide of
    an unborn child under Section 9-3.2 of the Criminal Code of 2012; or
(7) drug-induced homicide under Section 9-3.3 of the
    Criminal Code of 2012.

Basically you may have up to five years if the death is from violent intentional conduct or up to one year after criminal charges have been resolved. That said, it’s playing with fire to wait too long and we always encourage people to act sooner rather than later so their rights aren’t lost. And note, that this extension only applies to suing and recovering from the criminal defendant, nobody else.

The other exception has to do with children who had a right to bring the lawsuit. In their case, it can be brought within two years of them turning 18. Again, we strongly advise you to bring a lawsuit or at least consult with an attorney ASAP so you don’t lose your rights.

These are tough situations, but a great Illinois wrongful death attorney can take the emotion out of the situation and help you determine if there’s even a case at all. If you’d like to speak with an attorney for free, please call us any time at 312-346-5320.

Suing Illinois Doctors For Sexual Abuse

Sexual abuse can be rape, fondling, unwanted touching or kissing or other forced acts. Sexual abuse often occurs when a person has some type of status or power over the victim. Nearly all of us are aware of the high-profile sexual abuse scandals involving the clergy with their parishioners and teachers with their students. But another relationship between abuser and victim is that of doctor and patient.

We are raised to respect and trust doctors. They have the education and expertise about health and our bodies. We assume they will do no harm. We assume that they have our best interests at heart. We assume that whatever they ask us to do during an exam is a necessary part of our health care. Sadly, this is not always the case. Sometimes doctors sexually assault their patients.

This abuse is often physical touching that isn’t consented to, but what seems like consensual sex can also be sexual abuse. That occurs when someone like a psychologist convinces a patient to engage in a sexual relationship. Generally speaking, it’s never appropriate for a doctor to sleep with a patient.

The emotional after-effects of the sexual abuse can last for many years or even a lifetime. Victims may want to repress what they experienced and never acknowledge or speak of it. They worry that their word may not be believed against the word of the doctor. However, if they choose to pursue legal action against their abuser, the process of seeking justice may be incredibly healing for them. In addition to the emotional benefits of getting justice and peace, a financial settlement can pay for therapy and other treatments and compensate you for the harm suffered.

Illinois used to have a 20-year statute of limitations for bringing these lawsuits. Now there is no time limit for claims after 2013. However, time is of the essence to bring these cases as you want to bring the lawsuit while evidence is fresh and more reliable. A sexual abuse lawsuit may be filed against the doctor, the abuser. In many cases though, the practice or hospital behind the doctor may be liable as well.

Sexual assault cases are very sensitive and emotional. You can speak with us confidentially and we can point you in the right direction. The attorneys we work with on these cases have a track record of success and are only paid if they are successful for you.

Illinois Medical Malpractice Lawsuits – Should You Do It

I was contacted by a woman who was curious about Illinois medical malpractice laws. The father of her two children had died from what may have been a medical malpractice situation and she was hoping to talk about the process.

Before we could get going though, she told me something I hear a lot. She said:

I don’t even know if I want to do this. My kids are grieving and I’m not sure I want to put them through this.

That is a common thought process and makes sense. This is a great mom who is trying to protect her kids.

All of that said, she is over analyzing things right now. Illinois medical malpractice lawsuits are very hard cases to win. Talking to a lawyer about a possible case doesn’t mean you are going to sue. It means you are having a discussion about having someone investigate a case.

Unlike a car accident where we can usually tell you from your own statements and/or a police report if you have a case, nobody can tell you that you definitely have a medical malpractice case over the phone.

To determine if you have a case not only requires to hear your version of events, but much more importantly, requires us to review the relevant medical records of the person who was harmed. That is an involved process that often requires a review of thousands of pages of medical records.

These reviews are first done internally and then if it appears there might be something wrong, an experienced medical malpractice lawyer will contact an expert in the relevant field to arrange to send the records to them for their review and opinion. In some cases multiple physicians need to be involved.

The whole investigation process commonly take 6-12 months. So by contacting a lawyer, even while grieving, you are not committing to anything other than the chance to find out if you might have a case. If the answer is yes, then you can decide if you want the attorney to file a lawsuit or not.

Even once the lawsuit has been filed, it doesn’t mean that your family will have to go through a trial. While that is definitely a possibility, many cases settle long before that has to happen.

All of these situations come down to case facts. Just know that time is of the essence. Usually once two years has passed it’s too late (there are exceptions, call us any time to discuss your time limits). So know that if you are really “just thinking about it” that means you should have an attorney review the case with you and go from there.

See also: 8 Things To Know About Illinois Medical Malpractice Lawsuits

Illinois Divorce Lawyer Fees When Your Spouse Makes All The Money

In an ideal world, Illinois law would change so that every marriage would require a pre-nuptial agreement that would dictate the terms of divorce if a marriage doesn’t work out. It would save people a lot of money and heartache. Of course, that’s not the world we live in.

As a result, a lot of divorces in Illinois are nasty and contentious. That makes sense because when a relationship is ending, there are often a lot of bad feelings. Often people treat their husband/wife poorly because their feelings are hurt. One way we commonly see this is when one person makes a lot more money than the other or has control of the money.

The most typical way this happens is when one person works and the other stays at home to raise the kids. This was the scenario of a woman who called me recently and didn’t think she could afford a lawyer. She stayed at home while her husband worked a good union job making about $150,000.00 a year. He had emptied out their bank account and his 401k. She felt helpless.

The good news is that Illinois divorce law is written in a way that anticipates this type of power imbalance scenario. When one spouse makes significantly more than the other, you can file a motion that will ask the Judge to order them to pay your lawyer fees. It is usually filed right away and is commonly granted.

So you likely don’t have to worry about paying for a lawyer. It’s more likely that you’ll have to find a way to come up with an initial retainer fee and that’s it. After that, your spouse would be responsible for your attorney’s bill.

And if your spouse does something shady like emptying out a bank account or 401k, you can likely get that money back through a court order too. Judges do not look kindly on that type of behavior and they don’t usually reward people who are acting like bullies.

This is not to say that the divorce will be easy or stressful. It’s often not when you are dealing with someone who is mentally abusive. But we have found that when someone realizes they are going to have to pay for two lawyers, they realize they need to stop playing games or otherwise they will go broke.

The bottom line is that Illinois divorce law is mostly common sense and is designed to protect people who are not making the same money their soon to be ex is. So take a deep breath and know that options likely exist for you. And if you want a free consultation with an experienced lawyer, call us any time at 312-346-5320.

Sexual Assault In Illinois Group Homes And Rehab Centers

We are experienced Chicago lawyers who help people with tough cases throughout Illinois. Call us any time for a free, confidential consultation at 312-346-5320.

One area we’ve been able to help a lot of people is with sexual abuse lawsuits against Illinois group homes and rehab centers. These tragic cases occur in a variety of forms.

The most common and probably the worst is when residents are sexually abused by people who have power over them. I’m talking about instances where a supervisor uses their position of power to make someone do something they don’t want to do. Or in cases of minors, have them do something they can’t legally consent to.

We also have helped in a lot of cases where staff members take advantage of access to kids or residents. In a recent case we got involved with, a non verbal adult was raped by a janitor in a bathroom. The group home she was in should never have let the janitor be alone with her in the first place. This is a sadly common problem as many of these facilities are sorely understaffed. When that happens it creates opportunity and sometimes bad people take advantage of that.

You trust these facilities with your loved ones and expect that they will have rules and safety measures in place to protect them. Even when a facility is understaffed there are things that can be done to make sure that abuse doesn’t occur such as having cameras, restricting access to certain areas, etc. When these facilities fail in their obligations, they can and should be sued.

And sometimes they are negligent for failing to supervise their residents and/or putting them in a dangerous situation. We are helping in one case against a rehab facility where a boy was raped by his roommate. There was a large age and size disparity between the two of them.

The saddest cases we’ve been involved with probably involve the developmentally disabled. They might not even know they are being abused and in many cases can’t actually give consent. They deserve a group home that provides protection, security and comfort and should be free from any type of sexual or physical abuse.

We encourage family members to be the biggest advocates possible for their loves ones. Studies show that many of these abuses are preventable.

The Illinois Department of Human Services is responsible for regulating group homes. If you suspect something has happened you should call them and call the police. And if you want to discuss a lawsuit against one of these facilities, contact us any time. All cases are handled on a contingency basis which means that there is no fee if the lawsuit isn’t successful.

You Don’t Really Have An Illinois Lawyer Until You Do This

With the caveat that there are exceptions to this, generally speaking in life, if you want to have an enforceable agreement with someone, you get it in writing and you both sign off on it. So if someone says they’ll sell you their car for $5,000 and you say sure, it’s not really an agreement. If push came to shove and they wanted to back out, they could, as could you.

A written contract shows a meeting of the minds. A well-written contract makes clear the rights and responsibilities of each party. It’s why so many housing contracts are really long.

When hiring an attorney, you can’t know for sure you’ve hired them or what they are getting paid without a written contract. In law terms, this is called a retainer agreement. No smart attorney would take on a client without one because it protects them and you. It will lay out what they are going to do for you and what they aren’t going to do for you. Most importantly it will make clear what their fees are. If it’s a contingency case it will tell you what percentage they will receive. If it’s an hourly fee, it should make clear what they can bill for, what it will cost if staff is doing the work, how often you will pay them, etc. It should also outline how expenses will be covered and reimbursed. For example, in Illinois medical malpractice lawsuits, costs can be in the six figures. You need to know upfront if you’ll be asked to pay for it if the case doesn’t succeed.

When agreements with a lawyer are only verbal, it leaves open to interpretation what the charges will be or what you are getting from them. In fact, it leaves open to whether they are even your lawyer at all. If an attorney won’t give you a fee agreement, it really would make me question if they know what they are doing or if they are the right fit for you.

These agreements, unlike housing contracts, don’t have to be long. Most are 1-3 pages and essentially the same no matter who the client is with just names and dates changed. In areas of law like workers’ compensation, the State of Illinois has actually created the agreements that every attorney must use.

One strange thing is that most lawyers aren’t taught how to create retainer agreements in law school. So if you are working with a young lawyer (or really anyone) you’d be wise to make sure it discusses fees or anything important to you.

Bonus tip. I know of one law firm in Chicago that implies in their retainer agreements that they can’t be fired. That is simply illegal and not enforceable. A retainer agreement is a contract, but I’ve never seen one that legally requires you to stick with your attorney if you think they are doing a bad job. And in the same way, a lawyer can also fire a client if they choose. Retainer agreements are contracts, but they only detail what will happen when each party wants to work together. It doesn’t bind you together forever.

Second bonus tip. Many lawyers say that if it’s not in writing, it didn’t happen. Having a retainer agreement should give you peace of mind and you should insist on one.

See also: Are You Really Hiring A Chicago Law Firm?

Suing Chicago Police For Not Stopping Domestic Abuse

Generally speaking, police in Illinois do not have an obligation to do much. To “protect and serve” is a motto, but not usually a requirement. There are some exceptions to that and that includes victims of domestic violence. This is covered in the Illinois Domestic Violence Act.

Under that law, police officers in Illinois have a duty to protect victims of domestic abuse from their abusers. They are required to use all reasonable means to provide this protection. Whenever a law enforcement has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the law requires them to: make an arrest if appropriate, discuss orders of protection, refer the victim to a social service agency and offer to take the victim to a shelter, among other things.

In a recent case, it was ruled that the Chicago Police failed in their duty when a 49 year old mother of five was killed by her abuser. Her estate was awarded $3 Million in damages.

In this case, the cops showed up and saw the abuser holding a Samurai sword and appearing to make Molotov cocktails. Officers took the man, who had been hearing voices and trying to start grease fires in the apartment to a hospital where they strapped him to a bed and then left him there.

He was released the next morning and ended up strangling the woman to death. The court found that “the officers’ failure to fulfill their duties under the (state’s Domestic Violence) Act was a substantial factor in bringing about the death.” They further stated that the police showed utter disregard for her safety.

Some of the steps they could have taken to protect her but didn’t include: informing her about orders of protection, referring her to a social service agency and taking her to a nearby domestic shelter. The Judge also faulted the officers for not ensuring the medical staff understood the dangerous behavior Thomas exhibited, which could have factored into the doctor’s decision to civilly commit him. They also didn’t arrest him despite her having a black eye and him resisting efforts to restrain him.

Worst of all, the Court suspected that the officers failed to act because they were at the end of their shifts. In other words, they couldn’t be bothered.

While these cases are rare, it’s not an isolated incident. In fact, the Village of Maywood was also successfully sued under a similar fact pattern. The cops can’t simply drop off an abuser at the hospital and then decide it’s not their problem any more.

If you or a loved one was a victim of domestic abuse and the police did not protect you/them in a way that led to your abuser coming back and doing worse, our lawyers would love to talk to you for free. Call us any time for help anywhere in Illinois.

See also: Chicago Police Are Raping Immigrants

What Is The Difference Between Malpractice And Negligence?

Being an Illinois medical malpractice attorney, it’s easy to assume that the general public knows things that we assume are basic. This is our mistake and something we shouldn’t do.

One that comes to mind which I hear a lot from people who contact us has to do with legal terms. It’s not uncommon for a caller to say something like, “I’m looking for a lawyer to sue a doctor. I don’t know if it would be for malpractice or for negligence. Can you tell me the difference?” Or others when we say that we don’t think they have a good medical malpractice case that they’d like to sue for negligence then.

The reality is that these are essentially the same things. Medical malpractice is negligence by a health care provider. So when we file a medical malpractice lawsuit, we are suing them for being negligent.

The confusion comes in because people hear the term negligence a lot and don’t understand it. Most injury lawsuits are negligence lawsuits. It could be medical negligence, product liability negligence, car accident negligence, etc.

Negligence means “failure to take proper care when doing something.” So when we say a doctor is negligent, it means they didn’t follow the proper standards of care. That is the same definition as medical malpractice.

The other one we hear a lot is that people want to sue for medical malpractice or wrongful death? A medical error that leads to a death is a wrongful death lawsuit, but is filed under medical malpractice laws. In other words, it’s again essentially the same thing. You can have wrongful death lawsuits from car accidents, a product malfunctioning or other reasons. But the laws and the standards needed to bring and win a case don’t change.

I hope that this brings some clarification. My advice to people is to not get caught up in legal mumbo jumbo and worry about the goal which is to find out if you might have a case and if so, how to bring it and which is the best law firm to hire for your case. That is our goal when we speak to you and what we’ve done for over a half a million people since 2001.

If you’d like to talk with an attorney for free, we are happy to speak with you any time at 312-346-5320. All calls are free and confidential and we cover all of Illinois.

Purple Glove Syndrome And Medical Malpractice In Illinois

I’ve been a lawyer since 1997. There are some medical malpractice injuries that I’ve seen every week since then like death, failure to diagnose cancer, or surgical errors. While they may occur in different ways, it’s no surprise when a caller tells us that is what’s what happened. Other injuries are more unique or only now understood. One such potential medical malpractice lawsuit is purple glove syndrome.

Purple glove syndrome (PGS) is a minimally understood and uncommon skin disease where a patient’s limbs become discolored, painful, and swollen. PGS is most commonly reported among patients who have received intravenous (IV) doses of the drug phenytoin. It’s an anti-seizure medication also known as Dilantin. Phenytoin is only administered through an IV in emergency situations where the patient is having active seizures and is unable to receive medications orally.

Physicians believe that there are a few reasons for why PGS occurs, one being that a chemical irritation forms due to the high alkalinity of phenytoin and propylene glycol being administered. Further, they think that the mixing of alkaline solution and a neutral pH may led to a vascular and IV catheter obstruction. They also believe that the IV insertion may cause a microtear in the vessel wall that allows phenytoin to infiltrate the tissue without a way to exit. Microtears are more commonly seen in elderly patients which is why physician believe PGS is more common among their demographic.

PGS is characterized by a blueish-purple discoloration around the IV site accompanied with severe swelling and pain. The symptoms typically form within two to twelve hours of administration. Progression of PGS occurs in between twelve and sixteen hours where discoloration and swelling continues to spread throughout the whole limb.

There can be very mild and very severe cases of PGS. In the mild cases, physicians quickly recognize the symptoms and immediately discontinue the phenytoin IV, elevate the limb and/or apply heat/cold applications. Eventually the symptoms will subside, and the patient is healthy. In worst case scenarios, PGS can lead to necrosis, ischemia or vascular compression, any of which could lead to a need for amputation.

There are a few methods to reduce the likelihood of PGS which include education on various procedures. Phenytoin should not be administered at a rate greater than 50mg/min. Phenytoin, if diluted, should not be mixed immediately prior to administration. Dextrose solutions and lactated ringers’ solution cannot be used with a phenytoin IV. Avoid smaller veins especially in the hands. 20-guage catheters should be utilized, and arguably the most important, there should be careful and diligent monitoring of the IV site.

This is certainly not the most common case out there, but there are cases where patients are given this medication and not properly monitored. If you have purple glove syndrome and want to know if you may have a malpractice lawsuit, please contact us any time.

See also: Degenerative Disc Disease Injuries, Illinois Workers’ Compensation

Illinois Attorney Fees, Interest On Expenses

When you hire an attorney in Illinois, you will pay them in one of three ways:

  • Flat fee – Typically traffic or misdemeanor criminal cases
  • Hourly – Divorces, most civil law suits, commercial litigation
  • Contingency – Paid if they win on injury cases, suing for owed life insurance money, class actions, some employment wage cases

It’s up to you and the law firm to agree on what type of fee arrangement to enter in to. No matter what you agree on, your contract with them will likely have a clause that says that they get reimbursed for their expenses. For example, if they have to issue a subpoena for your medical records or take a deposition as they prepare for trial, those things cost money.

Typically the law firm will front the expenses and get reimbursed by you. On contingency cases that happens when the case settles. On hourly cases that would be when you get your (hopefully monthly) bill. There aren’t usually expenses on flat fee cases, but if there were the attorney would have to ask for them since there wouldn’t be a bill.

While being able to get reimbursed for expenses is standard, some law firms in Chicago are doing something that is not standard lately. They are asking for interest on the expenses they pay out on your case. In other words, if they advance $50,000 in costs, which is not unusual for something like a medical malpractice case, they want to get 8% or so interest back on that money.

In the end, that could mean an extra $10,000 or more in their pocket depending on how long the case lasts. To me, while it is allowed, it’s really just a money grabbing exercise and a bit greedy. Fronting expenses is the risk of being an attorney and taking on a case. To try and get interest on those expenses is comparable to “resort fees” at hotels or “convenience charges” by Ticketmaster. It’s just taking more money because you think you can get away with it.

Unlike with the hotel and Ticketmaster, you do have a choice here. You can object and ask that this clause be removed. You can also hire one of the many great firms that don’t do these things to their clients. Whether or not they are allowed to do it isn’t the issue. The issue is should they charge interest and to me the answer is clearly no.

Beyond all of that, I really question how accurate the interest charges are. It’s not like they spend all the expense money at once. It happens over time and they aren’t allowed to charge interest on money that isn’t spent yet. Unless you’ve got a CPA on staff that has years of experience with this, I’d be worried about mistakes in calculating interest.

Finally, some of these firms are not only charging interest, but they are also claiming as expenses petty things like postage stamps, photo copying charges (even when it’s just a couple of pages), gas money, etc. To me those things are the cost of doing business and clearly separate from items like deposition fees, subpoena fees, expert witness pay, etc.

We highly encourage you to read and question any other items in whatever legal document you are given before signing it. If you have any questions about this you can call us any time to speak with a lawyer, at no cost, at 312-346-5320.

Why The Best IDFPR Lawyers Are In Chicago

There are some areas of law that have thousands of attorneys who handle those types of cases. For example, if you need an attorney for a divorce, DUI or personal injury case, you will see a lot of profiles out there of various firms and attorneys. And finding these lawyers is not hard even if you are in a more remote area.

Other areas of law are more niche and there are many parts of Illinois where finding an attorney who has experience and is local to you is impossible. This is really true for cases before the Illinois Department of Professional and Financial Regulations (IDFPR).

The IDFPR licenses most professionals in Illinois including nurses, doctors, real estate agents, accountants, barbers and many others. If you get a notice from them of a possible violation your career and livelihood is on the line. So getting an experienced attorney is not only smart, it’s a must.

You will find that the best and most experienced IDFPR lawyers are in Chicago. That is because the IDFPR itself is in Chicago and that is where hearings take place. So if you are an attorney who is going to handle defending these cases, it would make sense that you’d be in Chicago.

In other words, if you are a nurse in southern Illinois or a realtor in Rockford, the best attorney for your IDFPR case is not going to be a law firm up the street. The good news is that you won’t have to travel to Chicago to hire one of these law firms. Every attorney we know who handles these cases is happy to talk to you by phone and/or Zoom. And everyone we recommend offers a free consultation.

It’s also important to note that even in Chicago, there are maybe 5-6 attorneys who make IDFPR defense just about 100% of their daily legal work activity. There are a lot of other attorneys who dabble in it, but mainly focus on other areas of law. In other words, you don’t have a lot of qualified, experienced choices. The good news is that we’ve met the ones who do this work all day every day and have seen them obtain incredible results for their clients, even those who were in dire circumstances and feared losing their license.

If you would like a free consultation to get the best IDFPR attorney for your case or just to see what your options are, you can call us any time at 312-346-5320. You will speak with an experienced lawyer right away and all calls are confidential.

Illinois Long Term Care Insurance Lawsuits

What is your life expectancy? What is your health history and health outlook? Do you have a spouse or family member who can care for you if needed?

No one can predict how long they will live or exactly what condition their body and mind will be in as they age. And the cost of long-term care can be staggering. Therefore, many people invest in long-term care insurance.

People pay premiums to have a long-term care insurance policy that will cover their care in a facility that is not an acute-care hospital. That includes nursing homes, residential care facilities, assisted living facilities, and skilled nursing facilities. It also includes home care including home health care, adult day care, hospice services, or respite care.

But the sad reality is that when people need long-term care, and they file claims for long-term care benefits, there is a lot of red tape and the claims are sometimes delayed or denied by the insurer. Insurance companies are looking to make money, and adjusters will scrutinize the claims, trying to find reasons to not pay out the benefits to the policyholder.

Here are some of the common reasons insurance companies use to delay and deny claims:

  1. Ineligible Care Provider. If the insured person needs a nursing home or assisted living facility, make sure it meets the criteria of that person’s policy. The policy might state that the facility must have a specific license and the appropriate personnel and care.
  2. No Prior Hospitalization. Sometimes called “the gatekeeper provision,” this often appears in older policies. It requires that a policyholder have a hospitalization, a nursing home stay, or both before claims would be paid. Most states though have outlawed these provisions for many years.
  3. No Benefits for Personal Care. Insurance companies may say they won’t pay benefits for personal care like light housekeeping or running errands for the policyholder.
  4. Failure to Pay Claims Due to Cognitive Impairment. A policyholder may have some cognitive/memory issues and forget to pay their policy premiums for a little while. But in most states, you have a grace period of up to 5 months before a policy can lapse because premiums weren’t paid. If you can get a physician to state that during that time, the policyholder was impaired, the insurer will reinstate the policy.

Those a just a few of the reasons given by insurance companies. If you or a loved one has been denied long-term care benefits, please reach out to us. The cases we get involved with are when their are medical bills in the six figures that aren’t being covered. We can help you sort through the red tape, show the insurance company that you mean business, and fight for your rightful benefits.

You do not pay anything upfront. The experienced, reputable attorneys that handle these cases only take a fee if they win a settlement for you. Contact us at 312-346-5320 if you want to discuss a case.

The Best Illinois Legal Questions Of 2023

We spoke to over 15,000 people this year via phone, email and live chat and heard a lot of great questions. Here are some of the best ones. As always, if you’d like to speak with an experienced Illinois attorney for free, call us at 312-346-5320.

I’m getting divorced. I discovered my wife spent way more over the years than I knew about. Can I get that money back?

Likely no. Money earned during the marriage is a marital asset. Each spouse has the same right to use it during the marriage. What you do have a right to is possibly recovering some of the items. While you can’t recover money spent on trips, dinners, gambling, etc. (with some exceptions), if they bought fancy items that can be resold, that may be one way to get some money back.

I’ve done everything needed to earn a commission on my job. Our handbook says if we quit or get fired before the commission pay day, we don’t get paid. Is that allowed?

No, that is not enforceable. You get paid. The Illinois Wage Payment and Collection Act (“IWPCA”) regulations specifically anticipate that scenario.

My wife was in a car accident and the police report says no injury because she didn’t feel pain at the time. Two days later she woke up with terrible back pain. Is she able to get medical treatment that the insurance company will have to pay for?

Yes. When you get into a car accident, your body will release adrenaline. That can often mask pain and make it so you don’t realize you are injured. It’s very common that within a day or two that pain will start to appear. Our recommendation is that you get to a doctor ASAP (as in today), tell them about the accident and go from there with whatever their advice is.

I was scammed out of $5000 for a stock purchase through someone I met on Facebook. Is there any way to get my money back?

Honestly, probably not, at least not through a lawyer. Odds are that the scammer isn’t even in the US and finding them would be a real challenge. Best bet is to work through your bank which may be a long shot too. This sadly happens to a lot of people.

Can a store ban me? I was accused of stealing but showed them a receipt. They called the cops anyways and said I can’t come back for 90 days.

It may be unfair, but yes a business can restrict people from entering as long as it’s not for an illegal reason. Even though the store made a mistake, what they are doing is unfair, but also legal.

I hired a lawyer and then changed my mind. He said the retainer fee is not refundable. Is that legal? 

No and the ARDC just made that crystal clear with new rules in 2023. The attorney has to return any money not earned which in this case sounds like all of it.

We look forward to answering more great questions in 2024!

See also: Fan Duel and Draft Kings Appear To Be On Their Deathbed

How To Know If You Have A Case Under Illinois Law

We talk to hundreds of people a week about all sorts of Illinois legal issues. While the cases may be different, it’s not uncommon for someone to start off the call by saying something like:

I want to know if I even have a case at all.

To get answer to that question there is one really important factor involved. You have to be willing to accept that you might not have a case. Now it sounds like that would be easy to do when you are just inquiring, but in reality that is not always the case.

Going through a legal issue can be really personal and emotional. You always want to believe there is hope. You want justice if you feel you’ve been wronged. The truth though is that you might have been wronged, somebody might be at fault and there still might not be a case. Or something may be unfair or unjust, but also not a case.

For example, you could go to a doctor’s office with complaints of chest pain and be told it’s just anxiety. Later that day you could have continued pain and go to the ER who diagnosis you with a heart attack and performs surgery on you.

While that sounds like malpractice, it’s possibly and likely just a case of a bad doctor. But because you were smart enough to get a second opinion, you prevented yourself from having damages that you wouldn’t have had otherwise. In other words, the heart surgery was likely to happen anyway. So the first doctor’s negligence didn’t cause any harm. You cant’ sue because something bad could have happened.

That example is in many ways a reflection of the bad health care system we have in the USA. But there are other examples too. You could be let go from your job because your boss wants to hire their friend or relative. That’s totally unfair, but also very legal in most cases. So if you tell me “that isn’t right” I would agree with you, but also tell you there’s nothing we can do.

The benefit of a good lawyer is that we can take the emotion out of a situation and look at it objectively. We are motivated for you to actually have a case as it could make us money. But we don’t lie to people to give them false hope or to make them momentarily feel good. We view it as our job to tell you the blunt truth, even if you don’t want to hear it or believe it can be true.

I encourage you to always seek a second opinion as we are not the Judge and we of course can be wrong. But I also encourage you not to drive yourself crazy doing so. If you talk to multiple lawyers who all tell you the same thing, there’s likely a good reason for that. At some point you have to accept that nothing can be done even if that makes you mad to think about.

Illinois Divorce Law – Don’t Listen To Non-Lawyers

I was sent a link by someone who stumbled upon some “men’s rights” podcast that was discussing divorce. It was from some group that is trying to get rid of no-fault divorce. That’s just a fancy way of saying that they want to control their wives or leverage the divorce to avoid paying their spouse any money. It’s gross, but it’s not why I am writing this.

As happens a lot on podcasts or other online content, the speaker talked very authoritatively as if everything they were saying is correct. It’s a feature of a lot of these guys that allows them to lie in a way that politicians do.

The first thing this guy said that was wrong is that pre-nuptial agreements almost never get enforced. That’s totally not true. If it’s done correctly, the pre-nup is a valid contract. There are guidelines in Illinois such as it shouldn’t be completed in the days before the wedding and each side should have an opportunity to review it with a lawyer. But to say they never get enforced is total nonsense.

The second lie was that men never receive child support or custody. Again this is total bullshit. Custody is based on the best interests of the child. Traditionally men worked and women stayed at home so women had a better chance of getting custody since they would be around. Times have changed and both men and women have careers. People also work from home which has changed the ability to take care of children. If the man gets custody, which happens all the time, they will get child support.

This same podcaster also said that women never pay alimony. In Illinois it’s called maintenance and it’s not a gender based law. If a husband stayed at home or had a low paying job while the wife made great money, she’d have to pay maintenance to him. Again, it hasn’t traditionally happened, but times are changing and it does happen. Saying “never” is to try and piss off people who follow him.

This guy went to throw out fabricated stats that are easily searchable such as saying that men make up 97% of child support payors or that men get custody less than 2% of the time (it’s actually over 20% nation wide and over 30% in many states). These trends will only continue to increase and become more even as they have been doing every year.

This podcaster isn’t a lawyer and shouldn’t be giving out legal advice. Maybe he had a bad experience. More likely it’s just part of a grift to help him make money. Whatever the situation, your case is unique and if you want to know where you stand, talk to a lawyer. You can do that for free with us any time.

Punitive Damages In Illinois Lawsuits

A lot of people will contact us looking for an Illinois attorney. When we ask them about the case they will tell us that they want punitive damages. It’s a really misunderstood term. Punitive damages aren’t something you actually see in most Illinois lawsuits, but they do happen. I thought it would be helpful to explain how it works.

Before we talk about punitive damages, it’s important to know what damages actually mean in a lawsuit. Damages are compensation or money due to a person (plaintiff) for misconduct that leads to injury or loss. There are two key types of damages: compensatory and punitive.


Compensatory damages are for economic or financial losses. Medical bills and the earnings the plaintiff has lost out on (and will lose out on in the future) are examples of financial losses. Compensatory damages are also for non-economic factors such as pain and suffering, scarring, and emotional distress. Compensatory damages tend to be calculated in a precise manner when it comes to financial losses. It’s much more subjective when it comes to stuff like pain and suffering.

Punitive damages are not based on the injured person’s losses. They are a penalty the defendant must pay for bad behavior. Punitive damages are used to punish intentional, evil conduct and deter the defendant and others from ever doing it again. When the conduct of the wrongdoer is so reckless that it is done with malice or an intent to harm, punitive damages may be awarded. Unlike compensatory damages, punitive damages can vary widely. Arriving at a figure is not based on any set calculations.


That decision as to whether or not to award punitive damages is left to the jury. The jury awards punitive damages if they believe the defendant’s actions were “fraudulent and intentional” and caused injury to the plaintiff, and if they believe that “justice and the public good require it.”

In determining whether to award punitive damages and how much to give, a jury looks at things including:

  1. The harm the defendant’s conduct caused to the plaintiff.
  2. How evil or reprehensible the defendant’s conduct was.
  3. How long that evil conduct lasted (duration).
  4. How often that evil conduct occurred (frequency).
  5. If the defendant tried to cover up the misconduct.
  6. The appropriate amount of money to punish the defendant and deter others from misconduct in the future.

Punitive damages aren’t available in every type of case, but you do see them in bodily injury cases (e.g. if someone drives drunk), some property damage cases, product liability (when a company knows someone could be harmed, but allows a danger to happen anyway), employment law and others.

The most famous punitive damages case ever is one of the most misunderstood legal cases ever. In the case where McDonalds got sued for a severe hot coffee burn, punitive damages were awarded because internal documents showed that McDonalds knew their coffee was brewed at too hot of a level and would likely cause harm, but ignored those warnings as the hotter coffee saved them money.

In some cases you can’t get punitive damages by law. The most common where it’s not allowed are workers’ compensation and medical malpractice cases. That said, in my experience, when the malpractice is egregious, juries tend to award more for pain and suffering. It ends up having an effect similar to punitive damages.

If you have questions about punitive damages or anything related to Illinois law, please contact us any time at 312-346-5320 to speak with an experienced attorney for free.

AI Is Causing Discrimination Lawsuits

A lot of people are hyped about AI and how artificial intelligence can change the way business works and make things cheaper and more efficient. I’m a bit skeptical as I was when people were all excited about NFT’s.

I get that AI can have some value, but there appears to be a lot of danger in it as well as the kinks are being worked out and people figure out what applications it is best for. I think sometimes people get excited and don’t want to be left behind a trend that they don’t always think things through or look for flaws.

This is certainly true with companies that are using AI as part of their hiring process. This happened with an online tutoring company that used an AI platform to help evaluate candidates. The software they used was screening out candidates over 55 years of age. That is illegal as you can’t discriminate based on age if someone is over 40.

As a result a claim was filed against this company and they had to pay a large settlement to a class of over 200 workers who were denied consideration for employment solely based on their age. It was a China based company that violated the law. It’s certainly possible that they were not aware of the law or didn’t have someone in place to make sure that the use of AI wouldn’t backfire in any way.

This isn’t a one off case and is being pursued against many companies and will continue to happen as time goes on. A computer, at least for now, does not have the ability to tell an employer that they are breaking the law. And if you put your trust in the computer to do part of the work for your company, you are liable for any mistakes that computer makes.

For you as a potential employee, you may not know that AI is being used in these hiring decisions, but if you find out that it is and that you may have lost an opportunity due to an illegal reason (such as your age, race, gender, religion, etc) then you very well may have a lawsuit.

We work with a bunch of law firms who handle employment related discrimination lawsuits and would be happy to discuss a potential case with you. Please call us any time at 800-517-1614 to speak with an attorney for free. All calls are confidential.

See also: AI And Illinois Legal Help

What Is Family Law?

When someone calls our office looking for free Illinois legal guidance, the first thing we typically say is “How can I help you?” We want to hear what you are looking for in your own words and we’ll ask questions as needed.

Sometimes people tell us they have no idea what type of lawyer they need. Other times they know exactly what they want but just want to know who’s best for their case. And other times they think they know what they are looking for, but are actually looking for the wrong thing. That’s most common when people say their case involves family law.

When some people hear the words family law, they think it means cases involving their family. About once a week I get a call from someone who says they want a family law attorney, but upon further talking we realize what they really meant was guardianship or probate or orders of protection or even just regular civil litigation.

The reality is that family law doesn’t mean legal situations that involve your family. Suing your brother for taking something that belongs to you has nothing to do with family law.

What family law is in the legal world is anything related to divorce, custody, child support, QDRO’s etc. These are cases that are handled in a specific courtroom called family law court. So it’s usually a marriage or a situation where the issue involves a child between you and a now or soon to be ex.

So if someone says they are a family law attorney, it’s really just another way to say that they are a divorce attorney. If you go to the over issues relating to someone’s death or property or suing a family member, they might take your case, but it doesn’t mean that they are the best choice to do that. If your case involves the asset of a deceased family member for example, you’d be better served by hiring a lawyer who handles probate and estate related matters on a daily basis.

This isn’t the only area of law that confuses people by its name. Workers’ compensation has to do with job injuries, not employee pay. That’s another one we get a lot of confused calls about.

All of this is one reason we started this website way back in 2001. We wanted to provide a service that could educate the public and answer any questions at no cost and hopefully in a “plain English” way. If you have any questions you can call us any time at 312-346-5320.

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