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I got a call the other day from someone asking who I think is the best workers’ compensation lawyer in Rockford?  I’ve gotten a variation of this question many times over the year.

The honest answer, and don’t you want to talk to a lawyer who is honest, is that there is no such thing as the “best” work comp attorney.  The question is, who’s the best attorney for the unique facts of your case.

First and foremost, unlike divorce or criminal cases where getting someone local can be the difference between winning and losing, with workers comp cases in Rockford you will find that at least half of the lawyers are from Chicago.  That is because both the insurance companies and injured workers want to hire someone who does nothing but work comp cases all day.  There are more of those attorneys in Chicago than anywhere else.

That doesn’t mean that there aren’t qualified firms in Rockford too. We sometimes recommend those firms to people who call us and other times don’t. Why wouldn’t we?

If you were in a serious car accident on the job, you’d want a firm that can handle both cases.  The best ones for that are in Chicago.

If your injury is really unique or severe, you want to make sure your attorney has a lot of experience with that type of case.

If your work for Chrysler (their Belvidere plant has their work comp cases in Rockford) , UPS or one of the local hospitals, you’d want an attorney who has taken them on many times before.

Who your doctor is might even influence who you hire.

The most important thing to consider in hiring an attorney is that they are doing work comp all day, every day.  If they just dabble in it or are more of a personal injury attorney then they are not for you.  If they are really experienced but are going to have a young associate handle the case, then they are not for you.  If they don’t deliver great customer service then they are not for you.

Is this confusing?  It can be.  If you want an unbiased opinion from a lawyer  about who you should hire for your case, call us for free any time at 800-517-1614.

We are a free service, run by attorneys, to answer your questions or give you a referral to the best Illinois attorney for your case. Fill out our contact form or call us at 312-346-5320 for a free consultation and guidance on your case. 

In some areas of Illinois law there are literally thousands of lawyers with experience on that type of case.  Traffic, divorce and car accidents are probably the top three where finding an attorney with experience isn’t a challenge.  There are tens of thousands of those cases every year, so a lot of lawyers that focus their practice on those cases.

On the flip side, if you have a legal issue with the Illinois Department of Professional and Financial Regulations (IDFPR), there are only hundreds of these cases every year. As a result there are not as many law firms who focus on this area of law.  So finding the best attorney to protect your professional license isn’t as easy.  Here are six questions you should ask an IDFPR attorney before hiring them:

1. What percentage of your practice is IDFPR defense?  Most of the attorneys you will see talking about this line of work only dabble in it.  That doesn’t mean that they couldn’t handle your case, but it does mean that they aren’t likely the best choice for you.  I’ve only seen about five firms that make IDFPR defense more than 80% of their practice.

2. How long have you handled these cases? It’s great if an attorney does 100% professional license defense, but if they’ve only been doing it for two years, your chances of success aren’t as strong as they would be with someone who has been doing it for 20 years.

3. What is the likely path of how the hearing process will go?  If they can’t give a detailed explanation to you it may be a sign that they are faking their experience.

4. How many IDFPR cases have you handled in the last 12 months? Some attorneys are really just part time which isn’t a good sign for you.  If they’ve only handled 20 cases, it’s not that they aren’t qualified, it’s just a sign that they are spending their time doing many other things.

5. What is the estimate of how much this will cost and how often will I get billed? Lawyers that handle these cases charge by the hour.  The ones we recommend give a free consultation and they also don’t over bill you.  Some will handle the case on a flat fee.  There is a lot of work to be done, but most cases should not involve crazy high fees.  If they are charging by the hour you should ask for monthly invoices so you don’t end up with a mysterious large bill.

6. How many people in my field have you helped? It’s not important in every case, but in many of them knowing the proper procedures for your profession can be the difference between winning and losing the case.

I hope this helps.  The attorneys we recommend are incredibly experienced and have had tremendous success helping people keep their careers.  Do not hesitate to get in touch if you’d like a recommendation.

 

 

I was contacted by a guy who was injured in a car accident in the fall of 2018.  He ended up needing a couple of months of physical therapy and had a lot of medical bills. He hired the Chicago auto accident law firm I recommended and the attorney started working on the case.

It was a clear cut case as the client was hit by someone clearly at fault. They were insured by Progressive, but it could have been any State Farm, Allstate or any of them.  What happened next is the insurance company called this young man an offered to send him a check for his expenses.  They will typically FedEx a check or sometimes even come to an accident site and hand you a check.

It sounds great in theory, but in reality it’s a strategy by insurance companies to cut their losses. They are experts in analyzing what a case is worth and doing it quickly based on the damage to your car or your obvious injuries.  So if they think that they will have to pay you $100,000.00, they’ll gladly hand you a check for $7,500.00 right away.  They have nothing to lose by offering and everything to gain.

I get why people take the quick money. It’s there and if you are broke it seems like a good idea.  But in this case and almost every other time I’ve seen it, it’s the insurance companies screwing over a victim who doesn’t have the chance to consult with an attorney and make an educated decision.

Just know a few things:

  1. Insurance companies don’t do things that are in your best interests, they look out for their bottom line.  If they are rushing to give you money you can bet that not only would they do it in a week or month as well, but also that your case is worth much more.
  2. If they send you a check, call a lawyer before you cash it. It’s free to do that (you can call us any time at 312-346-5320) and it will give you the chance to find out if you are being taken advantage of or not.
  3. If you need or think you will need any more medical care, settling is a terrible idea.  Unless they are paying out the entire value of an insurance policy, your case will almost certainly be worth more.

I hope this is helpful and hope you aren’t reading this after it’s too late. Once you cash that check you are likely out of luck.

See also: Five Insurance Company Tricks When You Are In A Car Accident In Illinois

While most Illinois medical malpractice lawsuits arise from something that brought a family grief, if a lawsuit is filed, at some point you will want to know to know what your case is worth. The honest answer is that these are really hard cases to win and a case can be worth more in the hands of one lawyer than another.

Not even the best attorney in Chicago can make a malpractice case worth anything when the facts aren’t there. It actually can be hard to get a good attorney to take your case.  They spend around $100,000 per case so if they don’t think it’s a winner that will be worth their time and investment, they won’t take it on.

Cases that are worth many millions need two primary things:  1. You need negligence by a doctor, nurse, hospital, etc.  Bad results happen, but that doesn’t mean there was negligence.  Your colon getting nicked during a colonoscopy is likely a risk of that procedure.   A doctor telling you that a lump in your breast is fatty tissue and six months later being breast cancer is probably negligence. 2. You need a catastrophic results such as death, paralysis, permanent disability, brain damage, etc. and be able to show that wouldn’t have happened anyway. So if a doctor is negligent and you don’t have a long term injury, it’s likely not worth it. If they were negligent and a loved one dies, but they already had stage 4 lung cancer, it’s probably not a good case.  But if you deliver a baby who was denied oxygen due to the hospital’s error and the baby ends up with cerebral palsy, it’s a case worth bringing that could be worth a lot.

Beyond all of this though, you should know that while there are a couple hundred of law firms in Illinois that have taken on a medical malpractice case, there are probably ten or so that get the best results on a consistent basis.  Cases are worth more in their hands. There are a few reasons for that:

1. Because of their success, they have the money to fund these expensive cases without cutting corners.  If the best expert witness is at UCLA, they will hire them and pay the costs to go out there for depositions or to fly them in for a trial.  Smaller firms could go out of business if they lose a case so sometimes they don’t give the case the best effort or will encourage you to settle when you could get much more at trial.

2. They know how to take these cases to trial and win and they’ve done it so much that juries respond to them.

3. Because it’s known that they will go to trial and because they have a track record of success, insurance companies respect them and will be more likely to settle for a higher amount.

4. They really understand the medicine behind these cases and often have doctors and/or nurses on staff. This allows them to review cases faster, ask the right questions and ultimately get you justice sooner.

None of this is to say that a smaller firm can’t have a few cases here and there that go well, but rather that the attorneys we recommend and think you should hire usually have 50 or more seven figure results and these past results help make the case worth more for you.  And not that there can’t be good lawyers in the suburbs or downstate, but the facts are that no matter where the case is in Illinois, if it’s a big malpractice lawsuit it’s likely because it was handled by a firm with a Chicago office.  These attorneys travel all over which is a benefit to victims.

If you have any questions or want an attorney referral, please fill out our contact form or call us to speak with a lawyer for free.

Nobody wants to think about divorced or get divorced, but it happens.  If it happens to you, it’s really important that you get someone in your corner who can be an objective advocate for you.  A good Illinois divorce attorney will help you set goals, prioritize them and get you thinking not just about what you want now, but six months from now, five years from now and 20 years from now.  That could relate to custody of kids, retirement plans, payments of spousal support, where you want to live and a host of other important issues.

It’s one thing to know you need a good attorney to advise you, but something totally different to find that right lawyer.  Here are some questions to ask them before you hire them to help you make the right decision.

1. How much of your practice is focused on family law? If it’s not at least 80% and your case isn’t a simple divorce, I’d keep looking elsewhere.  In contested cases, the attorneys that don’t know what they are doing get eaten alive.

2. How much work do you do in the county where the case will be filed and what can you tell me about the Judges there? If you divorce is in Cook County, you likely want a Chicago attorney handling the case. If your divorce is in Lake County and your lawyer isn’t in Waukegan all the time, it could hurt you.  Judges are not supposed to be biased, but some certainly favor attorneys they know and deal with all the time.  Don’t let your attorney say, “I do a lot of work there,” have them tell you about the Judges.  If they don’t know specifics, especially for cases outside the City, it’s a bad sign.

3. What is your retainer and how long will that last me?  Some attorneys ask for very little down, but before you know it they are asking for more. Some will pad their bills.  Talk about fees.  Ask for an estimated cost.

4. How often do you send bills?  You should get an itemized statement every quarter at worst, but personally I’d ask for one every month.  Too many people get a huge bill and have no idea what their attorney is charging them for until it’s too late.

5. Do you expect to have to do research that I will be charged for? There is one Chicago divorce and custody law firm that regularly does this on very basic cases as a way to rack up a big bill.  Unique circumstances can come up on occasion, but in most cases, especially in the beginning, there should not be a need for “research.”

6. What can you tell me about my ex’s lawyer? If they have one and they do a lot of family law, your attorney should know them.  It’s a way of testing how much family law work your lawyer really does.

7. Who will be handling my case? Sometimes you think you are hiring an experienced attorney and it turns out they are “supervising” some young lawyer who is gaining experience by making mistakes on your case. You don’t want that to happen.

8. What advice do your clients say at the end of the case that they wish they knew at the beginning?  This is a way to see if the attorney has any compassion.  It’s a burnout area of law.  Do they still see their clients as humans or just case numbers?

9. How many cases did you take to trial last year?  There is no magic number, but if the answer is really low it’s a sign that you might not have a fighter in your corner.

There is a lot of other advice we could give, but this is a good start.  If you have any questions or want an attorney referral please call us at 312-346-5320.

Sunday is St. Patrick’s Day which is celebrated through out the world, but is like New Years and the 4th of July rolled in to one in Chicago.  There are tons of parades, parties and bar specials this weekend.  When you add in college basketball, the occasional warm weather and Opening Day around the corner, it’s a really big party.

With big parties come criminal activities.  I’m in my 22nd year as a lawyer so I’ve seen a lot of St. Patty’s day arrests.  Here are the top five reasons people will get arrested in Chicago this weekend:

1. Fighting – There will be guys who can’t handle their booze.  Women who can’t handle their booze.  Some lunatics who get too pissed off because they got bumped in a bar or a beer was spilled on them.  Someone who will throw a beer thinking they are funny.  Way too handsy guys.  All of these things can lead to punches being thrown which means a lot of battery arrests this weekend.  If you are at a bar you can bet that the bouncers will call the cops and blame everyone involved.

2. Disorderly conduct – If you are drunk in the street or just annoying the police or if they are just arresting everyone on b.s. charges, this is the fallback option. It’s a very vague charge, but unfortunately it happens all the time and is a misdemeanor which can be punishable by up to a year in jail.

3. Public intoxication – This one is a no brainer.  There is so much drinking going on this weekend and often it’s amateur night.  When you add in the spring breakers from college it gets out of control.

4. Public urination – Sadly, this weekend, the streets of Chicago will become a toilet.  It sometimes is combined with disorderly conduct or a charge unto itself.  And if you reveal too much of yourself and there are kids around you might accidentally get really serious charges.

5. Domestic battery – It’s shocking to me that any man would hit a woman, but this weekend especially there will be a lot of drunk boyfriends and husbands.  This leads to some of them getting too physical when their significant other is too flirty with others.  And some women will hit men when they can’t handle their alcohol too.

If you or someone you gets arrested this (or any other) weekend it’s really important go get a lawyer in your corner who does nothing but criminal defense all day every day. If you have questions or want a referral please call us at 312-346-5320.

Many Illinois employers are looking to “game the system” or find what they think are creative ways to avoid taxes.  Sometimes they do this by paying cash under the table.  Other times they do it by calling an employee an independent contractor.

While their main goal is usually to avoid payroll taxes, if you get hurt while working for them they will try to deny you benefits by saying that you didn’t really work for them.  The question is will they get away with it.

There are many factors the Illinois Workers’ Compensation Commission looks at to determine if you are in fact an employee or not.  If you are, no matter what they call you, you will be entitled to workers comp benefits.

The number one factor they look at is called right of control.  Does the company have control over you?  Can you turn down assignments and still get future work?  Can you do the same work for someone else including a competitor? Do you set your own schedule or do they dictate one for you?  If you are driving a truck can you set your own route? The more control they have the more likely it is you will be classified as an employee.

Other factors include:

  • Do you provide your own tools or equipment?
  • Is there a contract that sets out the term and scope of work for them?
  • Is there a uniform they make you wear?
  • Are you working at their premises day in and day out?
  • Are taxes taken out of your pay check?

All of these things are relevant. The more in your favor, the greater the chance you will prove you are really an employee and be able to win work comp benefits.  It’s REALLY important that if your case is denied because you are being called an independent contractor that you hire an attorney who has a track record of handling these cases and taking them to trial.  Experience is hugely important in these claims.

Bonus tip.  Some employers make you sign a document that states you agree you are an independent contractor.  That’s another factor, but doesn’t kill your case.  You can’t be made to waive your rights to work comp benefits and if they have control over you, you will still win.

If you have any questions or want to talk to an attorney for free, fill out our contact form or call us at 312-346-5320.  We cover all of Illinois.

We have been running our service since 2001.  We are lawyers in Chicago who will talk to you for free about any Illinois legal matter.  We will answer questions and if you need a referral and we know someone for you, we will recommend the best lawyer we know for your situation.

The attorneys we recommend are lawyers we have gotten to know and respect.  Nobody pays us to recommend them.  For most lawyers we recommend they have the following qualities:

  • At least ten years experience, usually more.
  • At the same time they aren’t too old.  They are active in their practice and hungry.
  • They care about their clients.
  • They aren’t general practice lawyers.  Most attorneys we recommend are narrowly focuses on one area of law.
  • They deliver great customer service.

We don’t guarantee a result, but do promise that we won’t recommend an attorney to you that we wouldn’t refer to a family member or friend.

While we will talk to you for free, we are not a place to find a free lawyer.  That said, for some areas of law attorneys only get paid if they win. Bottom line is that we will suggest what we think is best for you and if the lawyer does charge by the hour, we will suggest the lowest cost one we know of that does a good job.

If you would like to speak with an attorney, call us at 312-346-5320 or fill out our contact form, describe your situation and we will call you.

Recently I was contacted  by  a nice guy who had been in a car accident in Chicago.  He had found what seemed like a great car accident law firm to represent him, but had questions about their fees.

He first asked me what a standard fee is for a personal injury lawyer. I answered honestly that in most cases it’s 1/3 of what is recovered.  Occasionally this goes higher or lower, but 1/3 is pretty standard.

That made sense to him. What didn’t make sense is that the firm he was thinking about hiring wanted to charge him 40% of what is recovered if the case goes to trial and 50% of what is recovered if the case gets appealed.

Now I’m not saying that this never happens or that there aren’t circumstances that call for it, but none of the firms I work with do this (that I’m aware of) because 33% is a lot to begin with and when you are talking 40-50%, the lawyer tends to end up with more than the client and that’s not right.

When you hire an attorney, they must be thinking the case could go to trial.  That’s their job.  So for them to get an extra 7% for the “inconvenience” is absurd.  They aren’t taking less money if they settle the case quickly, why should they get more money if the case takes a longer time?

The reality is that some law firms will just charge what they think they can get.  In most cases there are a handful of firms that can do a good job for you.  So to me, there is no reason to hire one for 40-50% when an equally good one will do it for 33%.  And quite honestly, to me it says something negative about the character of a lawyer that tries to take that much from a client.

Bonus tip.  Under Illinois law, the maximum fee for a medical malpractice case is 33% and for workers’ compensation cases it’s 20%.  If you come across a lawyer who is asking for more than that they are likely breaking the law.

Bottom line is that you shouldn’t be afraid to ask these types of questions and if you aren’t happy with a fee and have a good alternative, don’t sign up.

If you have any questions or want a referral to an experienced personal injury lawyer, call us for free any time at 312-346-5320.

We are experienced Chicago attorneys who offer free legal guidance and lawyer referrals to the best law firms in Illinois.  We have helped more than 300,000 people in 20+ years.  If you have questions or would like a referral, call to speak to one of our lawyers at 312-346-5320.

Pretty much everyone has either had cancer or knows someone who has.  If you get it, you will have lots of questions: How did I get this? What type of cancer do I have? Will it spread? What are my treatment options? What happens next? So many questions, but the only reasonable and natural thing to do is to put your trust in your doctor.

A recent study discovered that the most common form of medical malpractice claims is the failure to diagnose, or misdiagnose, diseases and illnesses. Of these claims, the most frequently missed were cancer, particularly breast, colon, prostate, melanoma and lung cancers.

No one can predict or even prevent who gets cancer and who does not. Cancer is a very aggressive condition that tends to spread quickly and is out of anyone’s control, but the key to surviving cancer is early detection, diagnosis and treatment. When a doctor fails to diagnose cancer, the patient often misses a critical time frame for effective treatment and it often can mean the difference between life and death.

Cancer, such as colon, breast and prostate cancer are very treatable in the early stages. Once cancer has spread to the blood or other organs, or has metastasized, treatment options and chances of survival are greatly reduced. Often, treatment for later cancer stages is typically more aggressive, resulting in additional pain, discomfort and loss of quality of life for the cancer patient.

But, not every misdiagnosis or delayed diagnosis is grounds for malpractice. The type of cancer, the stage of cancer, the symptoms and the actions taken by the doctors all are factors to consider when looking at medical malpractice. Failure to diagnose may be unavoidable, depending on the nature of a patient’s case. It is common for cancer to not exhibit clear signs or symptoms that are reasonably identifiable by medical professionals until the advanced stages. Sometimes, cancer symptoms may not even show at all.

So how do you know if you have a case?

In general, to have a case worth looking in to you need to show that a doctor should have looked for or diagnosed cancer and the time from when it should have been caught until it was caught was six months or more.  When the delay is that long or longer you can often show that your cancer got much worse than it would have been had it been caught right away.  This doesn’t guarantee a win if there is a lawsuit, but in Illinois if the delay is that long the case is worth investigating by a malpractice law firm.

The next logical question is how do you know if a doctor should have caught the cancer?

There’s no slam dunk to this either, but if the patient exhibited visible cancer signs and symptoms and no scans or blood tests were ordered, that is likely malpractice.  If they misread an x-ray or CT scan or failed to perform a biopsy, that could be a case. Not recommending any follow up when there are warning signs is a problem too.

It’s important to know that for most cases you have two years from when you knew or should have known malpractice occurred to file a lawsuit, but no more than four years from when it happened.  Bottom line is that if you think you might have a case you should act fast.

Malpractice lawsuits in Illinois do take time, but there are a handful of experienced law firms with an incredible track record of success.  We would recommend you to one that has experience winning cases with the type of cancer you or a loved one are dealing with. Call us any time you’d like to discuss a case. It’s always free and none of the attorneys we recommend charge a penny unless they win the case.

A couple of weeks back I got a call from someone who had been injured in a car accident. They wanted me to give them a list of the best five car accident attorneys in Chicago.  When I told them that didn’t exist they didn’t give me a chance to explain why and hung up. So for them or anyone else who is looking for the “top” or “best” attorney for their case, let me tell you why it’s not that simple.

Let’s say that you are driving down the highway and you hit the breaks because traffic has come to a crawl.  Ten seconds later a semi truck slams in to your car, killing two of your family members and shattering your leg, pelvis and arm.  Physically it will take you years to recover and emotionally you likely never will. While it sounds like a slam dunk case, the reality is that there are only a handful of law firms qualified to handle that case.  Trucking cases require a high level of experience as many truck owners create shell companies to disguise the true owner of their truck and make it appear there is only limited insurance available to make a recovery against.

In a case like that I’d say there are maybe ten Chicago law firms at most with a real track record of success in those cases. Hiring the “best” one in that case might be the difference of millions of dollars as you really have to know how to handle these cases to get the most money.

So while those firms are great, if you told me that you were sitting at a stop light and rear-ended by a person with a GEICO insurance policy for $100,000.00 and sustained a back injury, I would not tell you to hire them.  It’s not that they couldn’t do the job, it’s that there is no way a lawyer who deals with truck death cases is going to spend the time needed on a smaller case like this.  They’d likely assign a very young, inexperienced associate to handle the case.  The “best” car accident attorney for you in that case is a smaller firm that handles these types of cases all day.  You’ll pay the same fee, but have an attorney with 20 years of experience in your corner.

There are many other issues that make who is best for your unique case an issue.  Maybe the defendant has what is known as a sub-standard insurance company which means to get the best recovery you need a lawyer who is willing to go to trial.  Believe it or not, not all firms will do that.  Perhaps you have a unique injury.  In that case getting someone in your corner who has won a similar case and understands the medicine is important. Maybe you are calling for a family member who does not speak English. To be successful the case might require someone who speaks their language.

I could go on, but the bottom line is that the top attorney for you might not be the top for someone else.  Every case is different. If you want to talk with a lawyer for free, call us any time at 312-346-5320 for a free consult.

Nobody wants to get divorced or split up and have a child custody or support issue, but it happens.  It’s nice when things can be amicable, but the reality is that is not always the case even when things start off friendly.  Lots of times games are played.  Tell me if any of the following sounds familiar:

– You agreed on a child support amount but now your ex isn’t making payments.

– It’s your turn to have the kids and now your ex is making excuses about why you can’t have them or is asking for something in return even though that has nothing to do with your agreement.

– Your ex now has another kid with a different person and wants to lower child support because of their new expenses.

– You have a new significant other and your ex is jealous and taking it out on you by trying to not allow visitation or making false allegations.

– It’s time for your kid to come home and your ex says they are keeping them.

A lot of times this happens after verbal agreements.  I get why people do that.  You don’t want a battle and lawyers and court can be expensive.  So you make a verbal agreement. The problem with that is that those agreements are not enforceable in court.  So you really are rolling the dice if you don’t make an agreement official by the approval of a Judge.

Even sometimes when there is a court order, feelings get hurt or games get played and one party to the case doesn’t follow the court order. When that does happen though, it’s much easier to solve your problem.  For example, if the custody order says your child is to be home by 5 p.m. and it’s 6 p.m., the police will help you retrieve your child. If your ex has decided they no longer want to pay child support, not only can you go back to court and have them held in contempt, it’s likely that the Judge will order them to pay your attorney fees too.

The bottom line on all of this is that the best and really only way to stop someone who is playing games is to make sure that your court orders are crystal clear.  It doesn’t hurt either to have an attorney who will fight for you in your corner.  A lot of ex’s can be bullies and we have a good track record of stopping people from playing games.  We can’t promise a case result, but do promise no family law attorney we recommend will get intimidated or pushed around.

If you have questions or would like to discuss a case, please call us any time at 312-346-5320 for a free consultation.

 

There are no words that can describe the pain and suffering for a family after the loss of a loved one. If that loss was due to a wrongful death, it can be especially painful to think and imagine the horrors your loved one faced. Filing a wrongful death lawsuit won’t fix the damage that’s been done, but you can be the voice of the deceased and force the defendant to acknowledge their wrongdoing and and make right by it and hopefully prevent it from happening to someone else in the future.

A loved one dying suddenly can be stressful and carry an uncertainty of what to do next. This is especially true if you do feel that your loved one died due to negligence or malicious behavior. The best step you can take, especially when thinking of taking legal action, is you must demand an autopsy immediately. Aside from that, you will want to start the legal process sooner than later.

An autopsy is not always required to prove wrongful death, but is crucial as it can help prove with certainty what caused the individuals death. With an array of circumstances resulting in wrongful death cases, the most common are by automobile accidents and medical malpractice. Autopsies are generally a good idea when the cause of death is unknown or if you suspect you know why someone passed, but can’t say for sure.

In other words, when there is a car accident that causes a death, an autopsy is helpful, but it won’t end the case most likely if you don’t have one. On the other hand, if someone goes to the hospital with stomach pain and dies the next day, an autopsy is likely the only way to prove that the hospital was negligent.

Any evaluation to a wrongful death claim begins with one simple question: What was the cause of death? When a sudden death occurs and is believed to be done by negligence or malicious behavior of a medical professional or another individual playing a role, an autopsy can help answer that.

Once the cause of death is determined, a lawyer can help determine whether the death was preventable or not. This is where the real issue lies: was the defendant negligent and did their negligence cause your loved ones death. This information is crucial to your case.  While it may be the last thing you want to do, not having an autopsy could cause you to have problems finding a lawyer and/or cause you to lose the case when it goes to trial.

You may be lead to believe that an autopsy is unnecessary by a healthcare provider, as the death seems clear and obvious. The truth is there are many times when a health care provider/facility may not want to perform an autopsy since it could reveal they could be partially liable for the death.

We recognize how devastating the sudden loss of a loved one can be and how the decision to have an autopsy performed can be equally emotional. But it is important to remember that an autopsy is extremely valuable to a wrongful death case. Grieving can be very different and difficult for anyone. We are here to be the voice to families affected by wrongful death. Give us a call for any questions or guidance in your wrongful death case.  We can be reached at 312-346-5320 for a free consultation any time.

We get a lot of calls about social security laws and benefits so we thought it would make sense to provide some information.

The differences between Social Security Disability Insurance and Supplemental Security Income

If you’ve suffered a severe injury or are suffering from an illness or disability that is keeping you from being able to work and earn a living, you may want to consider help. But, where does one start?
Thankfully, The Social Security Administration (SSA) oversees and manages two disability benefits programs to those suffering from disabilities who are unable to work or unable to perform substantial gainful activity (SGA). The SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income) are two different and separate governmental programs. With similar initials and only one letter away from similarity, it’s easy to confuse the two.

We’re going to jump in at the individual differences and requirements of each benefit program, but first, let’s quickly look at the few similarities between SSDI and SSI. Again, both SSDI and SSI are disability programs set by the SSA. To be eligible, they both evaluate the severity of your medical condition using the same criteria to show that your disability is enough that you are unable to work. A person cannot be earning or have the capacity to earn above the set substantial gainful activity (SGA) level (differs by program and state). Lastly, they provide monthly cash benefits and provide access to health care benefits, but are distributed differently.

The most notable difference between the SSDI and SSI is how benefit eligibility is determined. Specifically, SSI is based on need whereas SSDI is based on work records. Aside from this major difference, each program has its own qualifications and application procedures.

Social Security Disability Insurance

SSDI is a taxpayer-funded program for those with a either physical or psychological disability as well as blind persons. This cash payment is paid out early from the Social Security trust fund and is available to those who are ‘insured’ or have worked, and paid FICA taxes, for a required number of years.

The SSA does have a list of impairments that automatically qualify for SSDI benefits and should be an easy approval if one is able to show documents on the impairment, how and why they suffer.
Otherwise, it is not easy to obtain SSDI benefit as the rules, regulations, and guidelines can be rigid and overwhelming to applicants. However, the applications process is easier and the approval rates for SSDI are higher on average than they are for SSI. SSDI is based on work records, so benefits can vary dramatically.

There are two main qualifications the SSA look at: documentation of the disability and the evaluation of ones work history. Once deemed disabled, SSA will look at the recent and total duration of ones work history to determine their average indexed monthly earnings (AIME). Depending on the age one becomes disabled will depend on the amount of history records needed to qualify. Payment will then be based on the individual’s average covered earnings over this period.

There are times when a disabled individual is still able to work. Federal law states that any individual earning in excess of $1,000/month are able to meet the “substantial gainful activity” and, by definition, are not disable. The earned income for the blind is slightly higher.

Once approved, there is a five-month waiting period for benefits pay out. SSDI beneficiaries are also eligible to receive Medicare two years after deemed eligible for SSDI benefits. The amount of your monthly disability benefits will be based on your Social Security income record. Lastly, under SSDI, spouses and dependents, under the age of 18, are eligible to receive partial benefits.

Social Security Income

The SSI program is a need-base welfare cash benefit to low-income individuals over 64, blind, or disabled who have limited income and resources. This program is called a “means-tested program” and has nothing to do with one’s work history, as is completely a financial need. The fund does not come from Social Security Trust Fund as SSDI does, but by The Federal Government from general tax revenues.

SSI is not only qualified on the bases of income, but also based on ones resources. If an individual’s personal possessions were worth more than $2,000 (individual) or $3,000 (couple), they would be considered ineligible. (SSDI has no asset limits to personal property).

To be entitled to SSI benefits, an individual must be a U.S. citizen that can provide medical evidence that a disability will last for at least a year. If working, the total countable income should also be below listed Supplemental Security Income levels. This amount differs from state to state and can be pretty complicated.

Unlike SSDI, SSI has no waiting period for benefits and will start payout the same month as applied. Because the program is solely based on need, SSI pays out a standard benefit, Federal Benefit Rate or FBR, for everyone and then subtracts any countable income. In Illinois for 2018, an individual can receive up to $750 a month in federal SSI payments. In most cases, a person qualified for SSI immediately qualifies for Medicaid benefits. However, with SSI, there is no dependent coverage.

Clearly, SSDI and SSI benefits can be confusing and strict. Understanding the qualifications process will best be done by speaking to an experienced and knowledgeable attorney. If you’d like a referral please call us at 312-346-5320 any time.

We are Chicago based lawyers who cover all of Illinois and have experience with serious injury cases. Fill out our contact form or call us at 312-346-5320 if you’d like to discuss a case for free and in confidence.

Many Americans are highly concerned with access to affordable and quality health care. And rightfully so with the price of premiums rising as they are. What many American’s don’t realize is that even if you can afford insurance, your access to quality health care can be restricted by insurance company tactics that limit coverage for certain prescriptions and procedures.

That’s right. The doctor that you seek out when you’re sick, share your health with, and trust: They may not have full reign when working for you, as the patient. The medical middleman has come between doctors and patients. As healthcare costs have risen, insurance companies have increasingly used their power as payers to alter doctors’ prescriptions and override patients’ treatment decisions.

The Doctor-Patient Rights Project (DPRP) recently did a study that showed the health of nearly one in four insured patients, that’s almost 53 million Americans, treating a chronic or persistent illness may be in jeopardy by insurance providers to denied coverage. One-third of these patients cannot afford the out-of-pocket costs and may be forced to put off or forgo treatment altogether.

Of course the power should be in the hands of the doctors not insurance companies. The good news is that there is a way to fight back.

In many cases insurance companies are essentially practicing medicine when they deny commonly accepted treatments as “experimental” or refuse without good cause to approve a surgery at all.  In a recent case a family won more than $25 million in a lawsuit against Aetna for not approving care.  A law firm we work with is pursuing a case currently against United Health Care for something similar.

In that case it’s alleged that a sick person called the toll free line for the insurance company and spoke to a “nurse” who allegedly assured him that despite shortness of breath and difficulty breathing he was fine.  The reality is that the proper advice would have been to tell them to hang up the phone and rush to an ER or call 911.  This has resulted in a wrongful death lawsuit against the health insurance company.

This was the insurance company allegedly practicing medicine and giving bad advice.  With some insurance companies approvals and denials are made by people with limited to no medical training.

Doctors should have the power to make treatment decisions without interference from insurers and if you call an insurer they should always err on the side of your health and not their bottom line. This isn’t the case as recently we’ve seen a cancer patient denied specialized treatment, a diabetic denied vascular surgery, a child with a brain tumor denied specialized marrow transplantation and/or chemotherapy, a man with brain cancer denied testosterone.

 

When this type of insurance company malpractice happens, you may have a lawsuit.  Contact us any time for free if you’d like to discuss your options.

Your baby is born and it is the most rewarding experience for your family and one that you’ve been anticipating for a long time. But, what if, what should be one of the brightest and happiest moments in your life, has turned to one of the darkest moments.

Such is the case for a mother in Cook County who just won a medical negligence against her obstetrician. In 2008, Evanthia Georgas had a seemingly normal delivery. After only two hours of labor, the doctor decided to use a birth-assisting tool, the vacuum-extractor. At birth, her newborn son showed signs of bruising above his left ear. A CT scan showed hemorrhages between the skull and scalp on the right side. Because of the medical errors made, her son had suffered from traumatic brain injury and a stroke leaving him, at the age of 10, to have left-side paralysis, cerebral palsy and frequent seizures.

Birth-assisting tools, such as the vacuum extractor, can be very beneficial during a difficult delivery, but can also lead to serious birth injuries and permanent medical issues if used improperly.
A vacuum-extractor is typically used when a difficult labor takes too long or the mother is too exhausted to continue pushing. During a contraction, the doctor will apply a soft cup to the top and back of the baby’s head that will help pull the baby out, using a light suction.

Birth injuries vary depending on how the vacuum extractor was misused. However, because a vacuum extraction does relate to the brain and most injuries are head or brain related one very surprising injury for a newborn can lead to a stroke.

The reality that a baby can have a stroke is shocking. Surprisingly, pediatric strokes are common and even have the same chances of experiencing a stroke as an older person. They usually occur in the first month of life in roughly one in every 4,000 births (whether premature or full-term) and are one of the top 10 killers of children.

You might be asking how strokes can even occur in a newborn. Eighty percent of strokes in babies are by clots, which are when a blood vessel carrying oxygen and nutrients to brain eithers bursts or are blocked.

A clot is actually a common risk during delivery. Childbirth is already a tremendous strain on the baby’s head and can often form a clot. Adding a vacuum-extractor can add more stress on the arteries and veins in the baby’s head potentially leading to a clot formation and therefore a stroke.

Several other birth injuries occur from the misuse of the vacuum-extractor. These can include skull fractures, retinal hemorrhages, brachial plexus injuries (also known as shoulder dystocia, Erb’s palsy or Klumpke’s Palsy), brain hemorrhages, nerve damage, neonatal jaundice and cerebral palsy. Untreated, some of these conditions can lead to paralysis, intellectual disability and other life-long conditions or even death.

I sincerely hope that you don’t have to go through this with your child, but if you do, it’s important to know that there are only a handful of law firms that have the experience to protect your family and child and to right this wrong legally speaking. It won’t fix what’s happened, but will provide significant compensation and hopefully prevent it from happening to anyone else again. If you’d like to talk with one of our lawyers about a case, call us for free any time at 312-346-5320 or fill out our contact form and we’ll call you.

It’s the most wonderful time of the year, or at least the most wonderful if you don’t fall and get hurt.

Already it’s been a brutal and crazy winter in Chicago.  With lots of snow, ice and slush you can count on one thing happening: lots of slip and fall injuries.

This time of year we get a ton of calls for people looking for help with a slip and fall lawsuit. There are a lot of misconceptions out there.

The biggest myth is that if you fall and get hurt on someone else’s property, they are liable and you have a case.  Sadly that is not true in Illinois.  Property owners are not in general required to salt and shovel and they do not get punished for not having someone clearing walkways 24/7.  With some of the days we’ve been having it would be literally impossible to prevent a surface from being slick.

So how do you ever have a case?

Under Illinois law you can sue for a slip and fall if the snow or ice you fell on does not develop naturally.  What does that mean in plain English?  If there is a gutter or awning or roof or other “un-natural” object that is causing snow or ice to develop and you fall on that area, you might have a case.  So if you are at a store and fall in the parking lot, you probably don’t have case.  But if in front of the store there is a sheet of ice because of a gutter draining in to a certain spot, if you fall you likely have a case.

The same rules hold true for individual home owners.  We see a lot of falls on steps at apartment buildings in Chicago.  A good attorney will investigate if the snow naturally blew on to the steps or if something about the building caused it to happen.

A lot of falls actually occur inside of businesses due to wet floors.  These are tough cases as well. Under Illinois law, if you slip on water that has been dragged in from people’s shoes, you probably don’t have a case. Essentially stores are not required to make their whole floor carpet or mop all day.  On the other hand if you fall on a wet floor from a leaky freezer or something else within the store’s control, you’d likely have a case if injured.

These laws can be very confusing.  Stay safe and if you have any questions about this area of law, call us any time for a free consultation at 312-346-5320.

The idea of spending a few days in bed may seem like heaven on earth to some, but the reality is there are many patients who are bedridden or confined to a wheelchair for extended periods. It can be very difficult for many patients to adjust to and often very painful. Those patients rely on nurses and rehab facilities to take care of them. When those people fail it is negligence and can lead to a lawsuit.

Due to a lack of activity for long periods, bedridden and wheelchair patients, become vulnerable to various health complications such as circulation and respiratory problems, depression and contractures. One of the most unfortunate and common health risks for bedridden patients is pressure ulcers or bedsores as they are most commonly known.

Unfortunately, bedsores are generally a sign of neglect and are a common sight in nursing homes, rehabilitation centers and hospitals. According to the Centers for Disease Control (CDC), as many as 1 out of 10 residents in an in-patient treatment center currently suffer from bedsores. Staff in these centers needs to remain aware that patients, of all ages and health, are at risk for bedsores and need to be diligent with preventive care.

Bedsores are injuries to the skin and underlying tissue resulting from prolonged pressure on the skin. Most of us have full mobility to rotate our bodies, which keeps the blood flowing normally avoiding any risk of bedsores. However, those with limited mobility are usually unable to rotate their bodies easily and therefore have poor blood circulation. Sitting or lying in the same position for long periods on areas of decreased blood supply adds pressure causing the bedsores. Over time, the decreased blood supply causes the flesh in these areas to die and form sores that can become very deep and can even become infected causing further complications, categorized into 4 stages.

Pressure on skin and tissues that cover bony areas of the body are at the biggest risk for breaking down and causing bedsores. Heels, ankles, hips, shoulders and tailbones are the most common areas and patients immobilized with medical conditions such as joint replacements, hip, pelvis or leg fractures, paralysis or coma are most at risk.

The severity of bedsores is based on how deep the sores are and the accompanying symptoms. As previously mentioned, there are essentially 4 stages to pressure sores. The stage number reflects the severity of the bedsore damage, with four being the greatest level of damage. As a bedsore progresses in severity, it becomes increasingly more difficult to correct.
Here are the four stages of bedsores to be aware of as well as treatment options:

Stage 1 Bedsore
Stage 1 is the beginning stage for a bedsore and only affects the upper layer of skin. Symptoms can include pain, burning or itching. The first and most important thing to do is to stop the pressure by changing position or using foam pads, pillows or mattresses. Washing the area with mild soap and dry gently. Eating a diet high in protein, vitamin A & C and Iron and Zinc are all helpful to your skins condition.

Stage 2 Bedsore
Once a sore has become an open wound, the bedsore has reached stage 2. This becomes very painful, as the skin is broken, swollen and tender. Sometimes this stage looks like a blister filled with clear pus. Skin also becomes damaged beyond repair in this stage. For treatment, you would follow the same steps as in stage 1, but also be sure to keep the sore covered with a see through dressing or moist gauze.

Stage 3 Bedsore
Here, the sore has deepened into a serious wound, forming a small crater. This indicates permanently destroyed tissue. Bad odor, red and yellow infected edges and drainage are all signs of infection. Stage 3 will need more care and your doctor may need to remove any dead tissue and prescribe antibiotics to fight any infections.

Stage 4 Bedsore
Stage 4 bedsores are the most serious and at the most advanced stage. The sores destroy muscle, bone and even tendons and joints and can often be lethal. It is imperative to tell your doctor right away as stage 4 can require surgery.

In stages 3 and 4 there is often excruciating pain due to significant tissue damage. Serious complications, such as infections to the bone or blood can also occur.
Pressure injuries can also be “unstageable,” meaning that the doctor cannot see the base of the sore to determine the stage. In some cases, a deep pressure injury is suspected but cannot be confirmed. These are DTI, or deep tissue injuries. This occurs when there isn’t an open wound, but the tissues beneath the surface have been damaged.

Those with bedsores can experience discomfort, great pain, depression and a reduced quality of life. If you have been a victim of medical neglect, contact an experienced attorney right away to get the help you deserve.  If you would like our help, fill out our contact form or call us at 800-517-1614 for a free consultation with a lawyer.

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

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

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

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

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

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

Divorce is not only a very trying and exhausting time; it can also create a financial burden for many families. Undoubtedly, child support can be the biggest of financial burdens. Child support is something that many parents are forced to pay following a divorce. It’s not something many parents want, or are able, to pay, but it is important and crucial to the welfare and safety of the child that payments are made in the correct amount and on time.

Child support is taken very seriously in the state of Illinois. Here, unlike other states, Illinois has a predetermined guideline in place that will determine how much a parent is due for child support.  It is based on how many kids you have, how much parenting time you have and what each of you earn.

When a parent fails to pay or falls behind on payments, the parent can face some pretty hefty consequences. Issuing of a warrant, resulting in high fines and possibly jail time, is the most severe punishment. Other consequences include driver’s license revoked, unable to receive government benefits or tax refunds, passports denied and fines with higher charges.

There are instances when the court may feel it necessary that child support payments garnished from the non-custodial parent’s wages. Sounds like a simple system. The court creates the order, gives it to the employer who garnishes wages and pays for the non-custodian’s child support. It doesn’t seem like it could get any simpler than that.

However, what happens if the employer garnishes from an employee’s check, but is not sending the child support as ordered?

This seems incredibly far-fetched, but it actually happens more than you might think. One Illinois mother found herself in this exact situation and was able to file a lawsuit against her ex-spouses employer for failure to deliver the child support payments. In many situations, this can turn into an illegal and expensive situation for the employer.

In Illinois, if an employer doesn’t pay the child support order, they will be fined up to $100 per day as a late fee for any payments not received within seven (7) days by the Illinois State Disbursement Unit, as well as owe the original amount. A late payment could be because of a glitch in the system, a turnover in admin, or just an outright refusal. It doesn’t matter the reason and can become very costly for a business.

Non-custodial parents can become very disgruntled for several reasons when it comes to paying child support. We get that. But, when it is because an employer ignores a court order that is unacceptable. It costs them nothing to comply with these orders and they should be held accountable for it.

If you have found yourself in a situation where your employer or your ex’s employer is not paying the court ordered child support, please call us now. We can refer you to an attorney that will fight for your case.

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