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Hypoxic-Ischemic Encephalopathy Lawsuits In Illinois

We are Chicago lawyers who help people find the right attorney for their situation. Since 2001 we have helped over 500,000 people and would be happy to talk with you for free about your legal situation.

As part of our service, we educate the public on various injuries that can lead to lawsuits. One common one is Hypoxic-Ischemic Encephalopathy.

What is Hypoxic-Ischemic Encephalopathy?

Hypoxic-Ischemic Encephalopathy, or HIE, is very serious type of infant brain damage that occurs during childbirth. The damage is caused when the baby is deprived of both oxygen and blood flow during childbirth or immediately after. Brain cells in the baby die within minutes when they are cut off from oxygen and blood.

Hypoxia = the supply of oxygen isn’t sufficient

Ischemic = the supply of blood isn’t sufficient

Encephalopathy = damage or disease that affects the brain

What causes HIE?

There are a number of causes of HIE. It can develop during pregnancy, during labor and delivery or in postnatal period, but here we will focus on causes of HIE during labor and delivery. They include:

  • Problems with the umbilical cord
  • Extremely low blood pressure in the mother
  • Excessive bleeding from the placenta
  • Abruption of the placenta or rupture of the uterus
  • Baby in breech or other abnormal fetal position
  • Prolonged late stages of labor

What are the symptoms of HIE? How is it diagnosed?

The symptoms of HIE vary based on how severe the injury is, as well as which area(s) of the brain were affected. A baby with HIE may have:

  • Seizures or abnormal movements
  • Feeding problems because muscles in their mouth and throat are weak
  • A weak cry
  • Organ disfunction of the heart, lungs, liver and kidneys
  • Little to no reactions to sights and sounds; or conversely, stronger, more tense reactions to sights and sounds than a healthy newborn

To confirm an HIE diagnosis, a neurologist will examine your baby. An electroencephalogram will monitor your baby for seizures and signs of brain disfunction. Tests, such as an MRI, will check for signs of brain injury. You will meet with the medical team to review the results of the tests and plan for therapies, future care, etc.

What happens next?

If your baby was diagnosed with an HIE, and has passed away or suffered permanent brain damage, it may be a case of doctor negligence or medical malpractice during your labor and delivery. You may be entitled to compensation to pay for your baby’s medical bills and future medical care.  The first step is to find the right firm and have them review the medical records to see if they can prove negligence occurred. Often these cases are worth tens of millions of dollars because a lifetime of care will be needed. We have had success with these cases and would be happy to help you find the best law firm for your case. To discuss this confidentially with a licensed attorney, fill out our online contact form or call us at 800-517-1614.

Illinois Gender Violence Act Lawsuits

We are lawyers in Illinois who will talk to you for free. If you would like to speak to an attorney please call us at 800-517-1614 or fill out our contact form and we will call you.

With the rise of the #metoo movement, victims of sexual harassment and assault have found the courage within and the support from others to speak up, and to discuss the injustices they suffered. Sexual harassment and assault are not new phenomena, of course. They existed long before the hashtag took hold in the fall of 2017.

In fact, in 2003, the Illinois General Assembly moved to protect victims of sexual harassment and assault by passing the Illinois Gender Violence Act.

Gender violence is a violent act that is committed because of a victim’s sex. It can also be a threat of a violent act. The Illinois Gender Violence Act (“IGVA”) protects victims of sexual harassment and violence, and has a relatively long statute of limitations.

This is very important, because all too often, victims who have suffered awful treatment are too traumatized to act right away. They may feel hesitant to report incidents that occurred at their workplace, that involve a coworker or boss. Before the IGVA, if a victim waited a year to come forward, the short statute of limitations would have been up, and there would be no opportunity to seek justice in court against his/her abuser. )

Another important aspect of the IGVA was its language centered around “persons” who could “personally” commit, encourage or assist in acts of gender-related violence. It was unclear if employers could be held liable for their employees’ sexual violence. If someone’s boss repeatedly groped her/him, would the company be responsible for the boss’s actions?

In 2019, a decision made by the Illinois Appellate Court (Gasic v. Marquette Mgt., Inc.) brought some clarity to this. Under certain circumstances, corporations can be held liable under the IGVA. Since that decision, a growing number of courts in Illinois have agreed that corporate employers can be liable for their employees’ gender-related violence.

In addition we have used this law to bring lawsuits for other acts of sexual abuse including against fraternities where rapes have occurred.

This is an important law for victims of sexual violence. It provides damages for emotional distress, punitive damages, and attorneys’ fees and costs. In other words, it costs nothing to bring a lawsuit under the Gender Violence Act and you can make a significant recovery.

This may be a bit confusing. If you have been a victim of sexual harassment or assault, feel free to contact us. All calls and emails are confidential, and we can advise you on what the next steps should be.

Illinois Lawsuits Make You Safer

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.

Illinois Medical Malpractice Cases Close To The Statute Of Limitations

Illinois medical malpractice lawsuits are unique as compared to other injury cases like car accidents in many ways.  They are harder to win, they are much more complex and unlike a car accident lawsuit that can be filed in a day or two if you have a police report, a medical malpractice lawsuit usually takes at least six months to investigate and pull together.

As a result, if you call a lawyer looking to hire them for a medical malpractice case and only have a month before the statute of limitations expires, it will be very difficult to find a good firm to take your case.

The reason it takes so long to investigate a case is because there are usually tens of thousands of pages of medical records to go through when you sustain a serious injury and often they are from numerous medical providers.  We have to request records from those providers which can itself take 30-60 days.

For example, in a recent case we are investigating after a client had heart and kidney problems after a surgical error, there are 11 different medical providers we have asked to get records from.  He had a week long hospital stay which alone will likely result in thousands of pages to review.  A full internal review can’t be done until all of the records are received. After that, if the case seems to have merit, we then send the records to outside, independent medical experts for their analysis.

You can’t file a lawsuit without an affidavit that a medical provider believes malpractice has happened.  In some cases you want to have opinions from more than one expert.  In a birth injury case we are involved with we needed to have an expert discuss the actions of the nursing staff and another discuss what the doctor did.

So it’s possible that you could have had a great case, but if a lawyer doesn’t think there is enough time to investigate it, they will decline to get involved.

So you can certainly help yourself if you have medical records to give to a lawyer right away. That doesn’t guarantee they will look at it. The closer the time limits to sue are, the less likely they will. But I’ve seen cases where someone had the records and about two months left to sue and they were able to get a lawyer because they also had a big injury.

Bonus tip:  Don’t wait to call a lawyer until you have the records.  The sooner you call the better.  And many law firms can facilitate getting your files faster than you can.

If you have any questions or want to speak to a lawyer for free, call us at 312-346-5320 or fill out our contact form.

Illinois Lawyers Lie About This All The Time

In general, I think most Illinois attorneys are honest.  Human nature, however, makes many people afraid of confrontation or unwilling to tell people something they don’t want to hear.  These traits, and a worry about getting sued, unfortunately lead some attorneys to lie.

So I get calls all of the time that start out something like, “I know I have a great case. I’ve talked to a lot of lawyers, and they all tell me I do.” This is a telltale sign that they’ve been lied to by a lawyer.

The typical case involves someone looking for a medical malpractice lawyer in Illinois.  Those are very tough cases to win and understandably, often very emotional ones for the potential client.

In the typical situation, the caller will describe the bad treatment or even negligence that may have contributed to an injury or death. There are also usually other factors like old age, underlying illnesses like diabetes, or other complicating factors.  As sad as it is, in most cases if there is medical negligence on a 90-year-old, for example, a lawsuit would not likely be worth the cost.

Whatever the situation, in many cases a lawyer can tell right away that the chances of winning a case aren’t great.  From their standpoint, it’s a business decision and they know right away that the risk of spending $50,000-$100,000 to win a case isn’t worth it when there are great defenses or a likelihood they won’t win.

You’d think they’d just explain this, tell you sorry, tell you that you can seek a second opinion and move on.  But lawyers have somehow convinced themselves that they could get sued by telling someone they don’t have a case when it turns out they do. This is ridiculous as attorneys can offer opinions and still make clear that other people may disagree with them or tell the potential client to seek out a second opinion if they want to.

Instead, they lie and say something like, “You have a great case, but I’m just too busy to take it.” Or, “It sounds like a great case, but we have a conflict because we know that doctor.” Or, “That shouldn’t have happened and you need to hold them accountable, but I can’t do it.”

These are all lies.  How do I know? Because lawyers like to make money. They are business people. Nobody is too busy to take on a great case.  I guarantee that if you called them back and said your loved one was killed in a trucking accident, they’d suddenly have the time to investigate that case.  Even if they know a doctor or don’t think they can handle your case, they can always refer it out to a reputable firm and make a referral fee. That happens all of the time.

What it is, is lawyers looking out for themselves and not considering that most people just want to hear the truth. Most people can accept that they likely don’t have a case if you explain why.  A bad result doesn’t always mean malpractice occurred. It’s always worth having a conversation about it, but an honest answer is the best one.

I don’t think these attorneys have bad intentions.  I also don’t think they have proper empathy or consider how their lies will negatively impact the people who seek out their help.

The state of Illinois could easily solve this problem by granting immunity from lawsuits to attorneys who offer their opinion. They could still be sued for missed statute of limitations or other acts of negligence.

The Cost Of A Great Chicago Criminal Defense Lawyer

The most common questions we get when someone is arrested in Chicago or anywhere else in Cook County are as follows:

  1. Who is the best Chicago criminal defense lawyer near me?
  2. What’s it going to cost me?

I’ve had other posts on who the best is. Briefly, it depends on which court you are going to, what you are charged with, your goals, your prior record, and what is unique about your situation.

As for the cost, it also depends.  The biggest factor is what are you charged with? If it’s a misdemeanor, which could result in jail time of up to a year, the cost seems to be between $1,500 and $2,500 depending on the case facts.

If you have a felony charge which is more serious, the cost for a good lawyer usually starts at around $2,500 and goes up from there based on the amount of work that needs to be done and the seriousness of the offense. By “good lawyer” I mean one who will do whatever they can to get the best result possible. While probation is sometimes a good result, it’s also a conviction that stays on your record.  A good lawyer isn’t going to tell you to accept that when a better result is possible.

In other cases, a good lawyer may be the difference between going to jail for two years versus going to jail for ten. I will never forget a call I got years ago from a mother thanking me because her son was only going to prison for four years when the previous lawyer told them that 12 would be the minimum. Fortunately, I was able to refer her to a very well-connected and experienced Chicago criminal lawyer.

The cost goes up based on the severity of the felony.  The cost of a felony retail theft charge for stealing a piece of jewelry is going to be much less than hiring a lawyer to defend a rape charge, attempted murder, aggravated assault, etc. even though all of those cases are very serious.

Just about every attorney I know and recommend for criminal defense cases works on a flat fee basis.  That means you aren’t paying them by the hour, but instead it’s a set amount.  Sometimes that can include a payment plan after a deposit.

A good private attorney is by far the best option. If you can’t afford a lawyer the next best option is to ask the Judge to appoint a Public Defender. This is a free, court-appointed attorney. The good is that they are free. The bad is that they are overworked, underpaid and it’s not likely they will communicate with you as the case goes on, certainly not to the extent that most people want.  That said, it’s a much better choice than hiring a super cheap lawyer who is basically going to hold your hand while you plead guilty and doesn’t do any work to help you.

I get that being arrested can be a confusing and scary time. If you’d like a free consultation with an experienced lawyer, call us at 312-346-5320 any time.

See also: Can’t Find A Cheap Chicago Attorney? Could Be The PITA Factor

Hiring The Right Illinois Medical Malpractice Lawyer

Most Illinois attorneys would love to get a good medical malpractice case.  If they are successful, they can be worth millions, and the lawyer will get paid very well for all of their hard work.

Just because a lawyer wants a case doesn’t mean they are the best choice for you.  Simply put, there are about 7-10 firms in Illinois that have a real track record of success. Medical malpractice cases are worth more in their hands than they are with others that are less experienced or don’t have the same track record of having handled hundreds of these cases successfully.

The medical malpractice law firms we know and recommend don’t win every case, but they give you the best chance of success.  When cases go to trial in Chicago for malpractice, doctors win about 80% of the time.  That means most law firms have a losing record.  But if you look at that elite list of 7-10 firms, their success rate at trial will be between 70-90%.  So not only are cases worth more in their hands, going with them can be the difference between winning and losing.

A recent caller to my office asked me my opinion about two firms that he had spoken to.  One of them was an elite firm and would be a great choice as they really have a track record and if you look at their website, you will see how many great results they have. The other one though on their “record of success” page only listed one medical malpractice result and that was for less than a million dollars.  Every other case they discuss is a car accident.

It’s not to say that the second lawyer couldn’t do a good job.  They might.  But when comparing the two, there is no comparison.  The first firm has over 50-million-dollar malpractice results.  They have doctors and nurses on their staff.  They won’t be learning on the job.

These are things that people don’t think about sometimes. Even with some firms that look like they have a great track record, there are things that you should know.  Some firms that look really good on their website might not be doing things in a way that’s best for you.  Here are some examples:

  1. They list a bunch of great results, but the reality is that they came at their old law firm and they weren’t the main reason they happened.  Yes, they got good experience assisting their boss, but the reality is that their involvement didn’t really make a difference in the end result.
  2. The law firm lists a bunch of attorneys and the firm name lists a bunch of people.  You think you are hiring some big group, but in reality, each lawyer works for themselves and they are motivated to not collaborate with their partners because if they do they have to split their fee with them. You want a lawyer who puts your best interests above all else.
  3. The big-name attorney you talk to when you sign up isn’t going to be there every step of the way.  There are a couple of malpractice law firms in Chicago that have achieved some amazing results.  When you talk to them, the main partner will be on the call and will meet with you.  They will also be the one in court if the case goes to trial.  Sounds good, right?  The problem is that they won’t be the one working up the case.  They won’t do the investigation.  They won’t be taking depositions.  They won’t be the one you talk to as the years go on.  That to me is a problem. There is nothing wrong with having an associate or partner help you.  But if it’s my case, I want the best lawyer at the firm involved every step of the way.
  4. The big-name partner handles everything, but they are older.  Does the firm have a succession plan in place if something happens to them? If that person dies will all the lawyers go their own way and start new firms or will the firm continue? You don’t want to have one lawyer handling your case and then have someone who knows nothing about it take over two years later.

Those are things that aren’t going to be on their website, but are questions you should be asking before you hire a firm.  If you want our guidance or have any questions, you can call us for free to speak with a lawyer any time at 312-346-5320.

The Number One Tip On Testifying In Court

Testifying in court is nothing like what you see from law dramas on TV.   There is rarely a gotcha type moment.  Wall lawyers love to hit home runs with the results of the testimony they take, the reality is that most of it is really just helping paint a picture.  The best case usually is a single, not a homer.

Despite this, having to testify in court can cause people anxiety.  That makes sense.  Perception is often your reality. It’s not until after testimony is over that most people realize it isn’t that big of a deal.

While of course being honest is incredibly important, there is one tip I give to everyone that I think is the most important thing to think about when testifying. That tip is only answer the question that is asked.

Let’s say you are suing someone for a car accident that happened on your way home from work and the case goes to trial. Your lawyer asks you where you were heading to when you were rear-ended at a stop light.

The person who has been properly prepped by their lawyer to only answer the question asked would say:

I was heading home.

That’s a simple, straight forward, honest answer that starts to paint a picture and will lead the attorney in to the next question they want to ask so the jury can understand what happened that day.

The person who wasn’t prepped or is too anxious or thinks they have to “help” their case with their testimony might say something like:

I had just left work. I remember it because I was so mad at George for saying I didn’t finish my work when I did. It really pissed me off and it was all I could think about while I was driving home and then boom out of nowhere a car slams in to the back of me and my neck started to hurt. I realized I wouldn’t get home in time.

That’s a really problematic answer.  First off  it makes you seem like a crazy person which will be a turnoff to the jury. Second it’s very confusing. Third it creates a possible defense because you admit you were distracted.  And most of all it didn’t answer the question that was asked. That doesn’t mean you will lose your case, but it certainly won’t help your case.

Jurors want a clear picture. Jurors and Judges don’t want to be there longer than they need to be.  That rambling answer would be followed up with a question like, “We’ll get to that, but all I want to know is where were you headed that day?”  That’s a bad way to start testimony.

I see this a lot when people call us for legal advice. I get that they are nervous and we may be the first attorney they’ve spoken to. But we’ll ask one question and get five answers.  It makes it hard to help someone.

So the best you can, if you have to testify, answer only the question asked. Don’t anticipate what they want to hear or say what you think would sound good. Any experienced attorney will tell you this before trial and even do a run through of questions, but unfortunately too many fail to take this simple step.

 

Illinois Lawyers Who Lie

I’ve heard my fair share of lawyer jokes over the years. The premise of most of those jokes is that the lawyer is dishonest or unethical. In reality, lawyers are like people of any other profession—teachers, accountants, doctors. The vast majority are good people who take pride in their work and try to do the right thing. But I will admit that there are a few bad eggs out there. How can you tell if an attorney is one to avoid hiring? Look out for this:

  • They promise that you will win. There is no way for an attorney to know with 100% certainty that your case will be a winner. There is unpredictability in law. There isn’t a single attorney out there (who has a few years of experience) with a “perfect” record.
  • They say they specialize in what your case is about. That may be true, but do a little digging. Do they list 5 or 7 or 10 areas of law on their website that they “specialize” in? If a lawyer tells you they specialize in personal injury cases, have a friend call them up about a DUI case and see if they say they specialize in that too.
  • They claim to be the “best” lawyer in their field. It’s a little suspect when a lawyer brags and makes a claim like this. The attorney that may be best for one person and their unique case, may not be the best for another person.
  • They tell you with confidence what your case is worth from the very beginning. This tactic is to get their potential clients to see dollar signs and quickly sign up with the attorney. The attorney just can’t know the value of a case until they see your medical records and fully understand the details of the incident. What will the defense argue? On an initial call or at the first meeting, It is just too early for the lawyer to pinpoint what your case will be worth.
  • They brand themselves as a “father’s rights” or “mother’s rights” lawyer in a custody case. Fathers and mothers have exactly the same rights in a custody case, with very few exceptions. One parent doesn’t start off with more rights than the other. So those terms are basically a marketing strategy. The law firm wants you to believe that they have some special advantage when fighting for fathers or mothers, when in actuality, they start on a level playing field for their clients, like all other lawyers.

There are many, many more reputable, great attorneys out there than bad apples. For over 20 years, we have helped thousands of people find the right attorney for their situation and avoid the tactics listed above. Feel free to call us at 800-517-1614 to speak with an Illinois lawyer for free.

Illinois Workers Compensation Benefits And Vacation Pay

Under Illinois workers’ compensation law, if you are injured on the job and unable to work per your doctor, you are entitled to be compensated for your time off. This is called temporary total disability benefits or TTD and should be 2/3 of your average weekly wage.

So if you tear your ACL on the job and make $900.00 a week, you should received $600.00 tax free per week until you are back at work or they have work for you within the restrictions your doctor gives you.  This sounds pretty straight forward, right?

It should be, but unfortunately some companies don’t follow the law.  We see a lot of cases where an injured worker gets hurt on the job and they will obviously be off for a couple of months.  While the company is taking their time to report the accident, they take the two weeks of vacation pay you are owed and tell you that the first two weeks will be paid that way.

The problem is that this is illegal. You don’t have to use PTO, vacation pay or whatever it’s called. The insurance company doesn’t get to take their sweet time before they start issuing you a check to compensate you for your time off work.  As a famous commercial says, that’s not how any of this works.

I’ve seen some cases where workers had banked more than two months of vacation time and were forced to use it.

The good news is that assuming you can prove you were hurt on the job, it’s not hard for us to get the vacation time reinstated.  Essentially we make it so the work comp insurance company reimburses your employer and your time off benefits are reinstated.

Some companies do this innocently, others do it kind of maliciously. The idea of someone getting hurt on their job and being paid while they get better somehow offends them. Unfortunately for them, that’s not what the law is and they can’t decide to take away rights you have earned.  And they can’t violate Illinois work comp law, at least not unless you let them.

You should be allowed to focus on nothing other than getting better so you can get back to work. These kinds of stressors can make an injury worse and delay your recovery. A good attorney can take those worries off your shoulder and help solve that problem. And in almost every case it costs you nothing to make that happen.

If you’d like to speak with a lawyer for free to see what options you have, contact us any time at 312-346-5320.

Illinois Attorneys For Nurses

We are experienced attorneys who will talk to you for free.  Call us at 800-517-1614 or fill out our contact form and we will call you.

All medical professionals in Illinois are licensed by the Illinois Department of Professional and Financial Regulations, IDFPR.  That organization also handles any disciplinary procedures.

I think most people love nurses more than any other medical provider.  Not that there aren’t some great doctors, but nurses are known for their kindness, empathy and doing most of the work, while many doctors are seen as arrogant or aloof. Unfortunately, most of the disciplinary complaints by IDFPR also fall on nurses.

If you are hit with a complaint, it makes sense you’d be nervous and have a lot of questions such as:

  • Do these claims have any merit?
  • What are my rights?
  • What can I say?
  • Is my career over?
  • Who can I trust for legal answers on my next steps?

Nurses get accused of all sorts of things such as stealing drugs, failing a drug test, bad patient care, failure to report a criminal conviction and unprofessional conduct.

If you get a notice from IDFPR, early representation is key to mounting a good defense and getting a good result in the end. You don’t want to talk to them directly as anything you say can and will be used against you.

Unlike traffic, personal injury, divorce, etc., there aren’t hundreds of lawyers in Illinois who have great experience with these cases. That’s because there aren’t tens of thousands of cases a year so it’s hard to make nurse license defense your main practice area if you are a lawyer.  In fact, I’d estimate that there are only 3-5 law firms in the entire state who only take on these types of cases.

The good news is that we know who the best lawyers are for these cases and who really fights for their clients and has a track record of success.  This doesn’t guarantee anything, but gives you the best chance of getting a good result. Going with an attorney who doesn’t focus on these cases every day is a huge risk to your career.

All of the attorneys we know who do these cases and do them well are in Chicago because that is where the hearings take place. So even if you are a RN in southern Illinois or a CNA in Peoria, to protect yourself, you’d want to work with one of these firms.  The good news is that you won’t have to travel to work with them.

If you would like a recommendation of a lawyer who can protect you or just have questions, please contact us for free any time to talk to an attorney.  All inquiries are confidential.  We have relatives who are medical professionals and we promise to give you the same advice and guidance that we would give them.

BIPA Law And The Illinois Workers Compensation Act

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.

Illinois Law – What Are The Odds Of Winning Your Case?

Nobody wants to spend money on a lawyer if they don’t have to. I certainly don’t and I understand the value that a good one can bring.  If you do have to pay for a lawyer out of pocket – as opposed to a pay if you win case like a work injury or car accident – you want to know that you aren’t going to be wasting your money.

As a result and especially since these are tougher economic times, we’ve seen an uptick in people wanting to know the odds of winning their case.  Others want a guarantee before they hire an attorney.

It’s a logical question and there are plenty of lawyers in Illinois who will answer that question.  The problem is that in many cases those attorneys are lying to you just so you will sign up with them. They tell you what you want to hear and take it from there.

The reason I say that is in most cases after speaking with you we won’t have enough information to say how it’s going to go. For example, if you want to get custody of your kids, you can tell us all the positives about you and the problems with the other parent, but until we hear their side of the story, we don’t have a way of knowing for sure what will happen.

Or let’s say you want to sue someone who owes you $50,000.  You’ve got a written agreement along with text messages saying they owe you and will pay you.  I can’t give you the odds of winning your case because if they file for bankruptcy, your debt will likely go away.

What we can do is say that if certain things are true then it’s likely you will prevail. But real odds of winning are usually not known until you are in to the case a bit. We’ve seen times when it seemed obvious a defendant broke the law only to discover their actions were legal.  Even someone rear-ended at a stop light could lose their case although those cases are often a slam dunk.  If it was really dark and your lights were off, you might not win.

We are customer service focused so we and other honest lawyers will try to make educated guesses.  That is usually alright to do. What you really want to avoid though is an attorney who guarantees a certain big result.  They aren’t the Judge and they certainly have no honest way of telling you what’s going to happen. They can tell you about similar cases and how they were successful in those. But if they promise a result they are full of it and you should look elsewhere for help.

 

Illinois Life Insurance Lawsuits And Lapsed Coverage

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.

Suing Your Parents For Negligence In Illinois

I recently had a call from a nice woman who broke her leg at her parents house.  She walked in to use the bathroom and slipped on a wet floor. It turns out there was a hole in the roof that had been there for a while and led to the leak.

If she was at a friend’s house when this happened it would be a slam dunk case. But her question was, can she sue her parents for negligence?

The answer to that question mostly depends on if you live in the house.  If you are living there, you would essentially be suing yourself as the residents of a dwelling can all be held responsible for errors in the property.  Beyond that, there is a concern that if you could sue your parents when you are living with them, many people would try to run scams to make a fraudulent recovery.

In this case, the woman doesn’t live with her parents, but was just visiting.  She had no way to know the roof was leaky and it was negligent of her parents not to warn her, fix the problem or otherwise protect her.  So in my opinion she has a great case against them.

The reality is that she’s not suing her parents, she’s making a claim against their insurance company. While theoretically she could also go after their individual assets, that almost never happens.  That’s true whether you are suing your parents or anyone else when there is adequate insurance.

These cases do get fought more than your average case because even when you don’t live with your parents, the insurance companies are suspicious as to why you got hurt and if you are trying to pull a fast one. That’s not a problem if you have good, honest facts and a lawyer in your corner who knows that they are doing.

The flip side of this is that parents can also sue their kids under the same scenarios. We helped a Dad who was injured in the house that he rented from his son.  We’ve helped grandparents who were injured while visiting their grand kids.

Bottom line is that when there is negligence and an injury, you should always talk to an attorney and see if there is a case no matter who the defendant might be. We are interested in truth and the unique facts of your case. After hearing that we offer an experienced, honest opinion as to if there is a case or not. If you would like to speak with a lawyer for free, call us at 312-346-5320 or fill out our contact form and we will call you.

Illinois Lawyer Referrals: What I’ve Learned In 20 Years

This past week was the 20 year anniversary since I started my Illinois lawyer referral and legal guidance website. In that time I’ve talked to over 500,000 people and hopefully helped most of them.  I’ve also learned a lot about being an attorney, what clients think and about the legal system in general.  A lot has changed since the first call I got on April 2, 2001, but a lot hasn’t, especially for legal referals.  Here, in no particular order, are some interesting things I’ve learned.

  • Everyone is on the internet.  On multiple occasions I’ve had calls the same day from people in prison, executives at Fortune 500 companies and people over 80. The world has come a long way from when you tried to find a lawyer through the Yellow Pages.
  • Very few people want to bring a frivolous lawsuit. I get a lot of calls from people who have terrible cases, but they don’t know it. They want to tell the facts of what happened and see if there is a case or not.
  • Attorneys in Illinois can be terrible at customer service.  Law schools don’t teach much if at all about how to run a business. I’ve come across some great court room attorneys who don’t do well because they don’t call back people in a timely manner, yell at the clients, lie, etc.
  • People are doing a lot of legal research as they should, but still take the time to ask questions.
  • My philosophy is to be very direct and honest. Most people appreciate that, some do not.
  • The scummy feeling TV ads that some lawyers do work because they get a lot of business.  I usually hear about them from unhappy clients who realized they hired the wrong firm and are hopeful we can point them in the right direction.
  • Some people are comfortable being racist/prejudiced over the phone.  Still shocks me when it happens.
  • One thing that is very clear is that just because someone was a great attorney 20 years ago, does not mean they are now.
  • Sadly I’ve never found a consistently great resource for people who aren’t able to afford a lawyer.
  • That said, I’m still surprised at how many people don’t know that it costs nothing up front to hire an attorney for an injury case.
  • We call as soon as they contact us.  It’s a lesson I learned from day one when I eagerly called the first person who reached out to us.  I’ve learned that this doesn’t happen at very many places because inevitably the person I call is stunned we got in touch so fast.
  • A lot of people will tell you what they think you want to hear. We aren’t looking for perfect stories. We just want the truth.
  • The law is constantly changing. It’s even more important than I thought in the beginning to get a law firm that really has a focus on the type of case you have.
  • While lawyers aren’t as arrogant as doctors, I didn’t expect how cocky some of the “best”attorneys would be.  I don’t think they realize how it hurts their practice.
  • Most people are good.  We can be a divided country and life can be frustrating.  But most people I come across are good even if they’ve screwed up.  It’s really uplifting to me.
  • You never know what a call might be about.

We appreciate the chance to help so many people and hope we are able to do it for a long time. Cheers!

Free Illinois Attorney Legal Advice

We are experienced Illinois attorneys who will talk to you for free.  Call us at 800-517-1614 or fill out our contact form and we will call you.

Every few months I do a blog post about some of the interesting questions we’ve received. Here are some from the last few months.

I was let go without a warning for misconduct.  Isn’t it true there’s a three strikes law that requires my job to give me three chances?

This is not true.  Illinois, unless you have a contract, is an at will employment state. That means they can let you go whenever, except for illegal reasons.  This is true even if you are treated unfairly or they made a mistake about the reason they fired you.

The police called me and said I was being investigated for a crime and want me to deposit money in to a bank account as part of restitution. I didn’t do anything, but I’m scared and they say I will go to jail if I don’t pay. What should I do?

Nothing.  This is a scam.  This is no how police work. They might even spoof the number of a courthouse.  If there’s no case number that can be looked up on an official website, there’s no case.

Can my employer fire me for testing positive for marijuana?

Yes.  Even though it’s legal to do it, they could still let you go.  An exception might be if there are medical reasons for taking it.

My work comp attorney never calls me back.  Can I switch or is it a waste of time?

It’s not a waste of time when your lawyer isn’t communicating with you.  It costs nothing to switch firms so you should at least have a consultation with a different attorney and make a decision from there.

I’m trying to get a gun license in Texas where I live now, but have a drug case from 20 years ago in Chicago that resulted in 410 probation. Will that prevent me from getting the license?

I have no idea because it’s a question for a TX attorney. That said, 410 probation isn’t a conviction so it’s a good sign.

I just had a child and signed the birth certificate. Now my best friend told me he thinks he’s the father. Am I stuck with paying child support?

This is one reason we tell people never to sign the birth certificate.  That said, if you contest it within 75 days of signing, you can have it reversed.  You need to act fast.

My mom always told me I’d be taken care of in her will.  She passed away and the only copy of the will we can find is from 20 years ago and I’m not in it. Am I out of luck?

Verbal promises aren’t enforceable in this situation. Your likely only shot is to find a more recent will that mentions you or somehow prove that the original will was fraudulent. Both are likely long shots.

 

That’s it for this month.  If you have any questions, even if you don’t want to hire a lawyer, contact us for free any time.

Winning A Lawsuit For Failure To Diagnose Cancer In Illinois

We are experienced lawyers in Chicago who will talk to you for free. Since 2001 we have helped people who need a lawyer referral or just advice. Call us at 800-517-1614 any time to speak with an attorney in confidence or fill out our contact form and we will call you.

The best thing an attorney can do is take the emotion out of a situation and focus on facts.  That doesn’t mean your lawyer shouldn’t have empathy or care about you.  They should.  It’s just that when push comes to shove we can really help you by telling you like it is.

This is true when it comes to answering the question, “Do I have a lawsuit for failure to diagnose cancer?” People call us because they want to know if there might be a case, will then win and how much it might be worth.

We can never answer for sure without seeing your medical records, but there are questions successful lawyers ask to weed out good cases from bad.

The first question will likely be, how long is the delay?  Generally speaking, you need at least a six month delay from when you first reported symptoms until you were properly diagnosed.  Not that a three to four month delay is ideal, but in most cases that isn’t enough to show that a proper diagnosis would have changed your ultimate outcome.  The cases we’ve been most successful on have more than a one year delay, but six months is almost always the minimum for winning. Otherwise the case becomes defendable.

The other key question we want to know is what was your health before this?  Sadly, doctors can get away with negligence when a person is very sick already and likely did not have a long life expectancy. In those cases it can cost more to bring a lawsuit than you can recover.  On the other hand, if you are a relatively healthy person and go to your doctor with a lump in your breast and they say it’s nothing, if a year later it turns out you have stage four breast cancer, that’s definitely a case worth investigating.

The last question is what do your medical records show?  If your doctor suggested a course of action and you ignore it, that can end your case. If they don’t say what you say happened, it can end your case.  No medical malpractice lawyer can say if there is for sure a good case or not without seeing your records.

We’ve been involved in pursuing lawsuits for all sorts of failures to diagnose cancer.  That said, the most common errors are for skin cancer (melanoma), breast cancer, colon, prostate, lung, and cervical cancer.

We are happy to speak to you for free to see if there is a case worth investigating. Every attorney we recommend has a great track record of success and does not charge a penny unless they win the case.

How A Speeding Ticket In Illinois Can Lead To Jail Time

Most speeding tickets in Illinois are a nuisance, but not that big of a deal legally speaking.  If you are over 21 and have a clean driving record, you almost never need a lawyer for a ticket that’s something like 73 in a 55.  You can do traffic school and get the ticket off your record which means your insurance won’t go up and unless you have a CDL, your license won’t be affected.  There is no point in getting an attorney when it would cost you as much as it would just paying off the ticket.  This is true when the ticket doesn’t harm you.

In some cases though, a speeding ticket could lead to jail time. In those instances, you definitely need a lawyer.  If you are charged with going 26 miles per hour over the limit or more this is known as aggravated speeding or excessive speeding.  At a minimum this is a misdemeanor charge in Illinois which means it’s a criminal case.  As a result, you can spend up to six months in jail for tickets that are 26-34 miles over the limit and 12 months in jail for a conviction 35 mph and up.  On top of that, you can get fined up to $2,500.00.  Beyond all of that, because this is a crime, the conviction would show up on a background check. Clearly this is a big deal.

On top of all of that, you can have your license suspended which of course could create a significant hardship for you.

Anyone charged with aggravated speeding should have an attorney.  Unlike minor traffic offenses, the consequences are too severe not to have one. In fact, most Judges will tell you to come back with an attorney if you show up to your first court date without one. That’s because they don’t want to sentence you to jail without proper representation.

The good news is that in most cases, when you do have an experienced lawyer, they are able to negotiate with the prosecutors a lesser charge and have the speeding ticket reduced to a 25 mph violation.  You still will have a fine, but it won’t be $2,500 and you won’t lose your license or go to jail.  There is no guarantee of course, but in almost every case we’ve been involved in with aggravated speeding, the attorney has been able to get a favorable outcome.

If you are looking for an attorney to defend you, we are happy to help.  We have had great success for clients in Cook County, Will County, DuPage County, Kane County and Lake County. To speak with a lawyer for free, call us at 312-346-5320 to discuss your case.

See also: Aggravated Speeding Lawyers In Illinois

The Three Best Words An Illinois Lawyer Can Say To You

One of the things about being a lawyer that most people don’t think about is that most law schools don’t actually prepare you how to run a law firm or talk to people.  You see this a lot with some really excellent attorneys when it comes to going to court or being an “expert” on a certain area of law.  They are the leaders in their field but can’t carry a conversation.

As a result of some attorneys not being trained on how to work with customers or not having common sense, you will find that many law firm leaders act like what they think an attorney is supposed to act like. So men and women who in their own social circles are relatively normal will start using big, fancy legal jargon that nobody understands when a client is in the office because they think that is what they are supposed to do.  Quite honestly the best training I got to run a law firm was from waiting tables and bar-tending for four years.  Talking to people is often an acquired skill.

Another way that many attorneys screw up is by acting like they are an expert on everything.  Too many are afraid to look dumb if a client asks a question and they aren’t sure the answer.  They have internalized a belief that since they went to law school and passed the bar, they should have all the answers.

This brings me to the best three words an attorney can say to you: “I don’t know.”

When a lawyer says that they don’t know an answer, it’s often a great sign. It means they aren’t trying to put on a front.  It means they are being honest with you.  It shows they are humble.  These are all great qualities. If an attorney has been trained to handle medical malpractice lawsuits, they shouldn’t feel embarrassed if they don’t know what’s going to happen to their cousin who got arrested for retail theft.  Why should they know that answer? It revolves around something that they never deal with.

And even if the client question is an the area of law the attorney focuses on, they can’t know everything.  The reality is that unique issues come up all the time.  Rather than act like a know it all, a good attorney will tell the client that they aren’t 100% sure and ask for time to do some research.

Another phenomenon that happens to me based on running a service that tries to connect people with the right lawyer for their case is the ability to recognize the client knows something you do not.  While I can properly vet most accident, criminal and family law cases, there are a ton of laws on the books I know nothing about.  I recently got a call from someone with questions on Medicare Supplement Insurance law in Illinois.  It’s nothing I had ever looked at and they quite honestly educated me.  I handle a lot of contested life insurance cases now, but my first education in to that was from a consumer who had been through the ringer with that stuff.

Of course at some point you want to get with an attorney who does have the answers.  But if they act like an expert on everything, to me that is a sign of a very insecure person who will let their insecurity take over and will offer advice even if they are just talking out their back side.  That’s not good for you and the type of attorney and person you should avoid.

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