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A Shady Move By State Farm In A Car Accident Case

I received a call from a very nice senior citizen.  She was in a car accident in Chicago where the other side was clearly at fault and she sustained numerous injuries.

It seemed like good news to her that the person who hit her was insured by State Farm.  They are a reputable insurance company so she felt confident just as she would if the other party had someone like Geico or All State.  She trusted that they would be fair with her.

A few days after the accident they called her up, convinced her to let them record a call and tried to get her to settle for around $2,000 plus $3,000 for future medical needs.  This happened despite her having some really serious injuries.  Their hope was that if they got it on recording and then sent her a check that they cashed that they could close the case for much less than they likely would have had to pay.

This is shady and unfortunately it’s how insurance companies make money when you are injured in a car accident.  If the insurance policy was for $100,000 and they get away with only paying around $5,000, that’s a huge win for them.  Do that to 100 people and you’ve saved nearly $10 million. Do it to 1,000 people and it’s a bottom line savings of around $100 million.  It’s a really big deal.

So if an insurance company wants to record you, say no.

If an insurance company wants to offer you a settlement for anything other than your car damage and you are still receiving medical care, don’t talk to them about it.

If they send you a settlement check and you are still treating, don’t cash it.

If they try to tell you that you are partially at fault when you are rear ended while sitting at a stop light, don’t believe them.

In general, no matter how nice they are, no matter their reputation, no matter if they tell you that this is just how it is, remember that the insurance company is not there to look out for you.  Their employees get compensated, in part, based on how little they pay you as compared to how much they should pay you under the law.  Nobody who cares about you would tell you to settle a case days after you are injured when you have no idea what the ultimate outcome of your injury will be.

If you have questions on this or would like our help in finding the best attorney for your case, fill out our contact form or call us at 312-346-5320 to speak with an experienced attorney for free.

The Best Illinois Divorce Advice You Can Get

There is absolutely nothing fun about divorce. While some may choose to celebrate once the divorce is final, the road to a decree of dissolution can be a long and bumpy one. These tips may help you secure your seat belt for the roller coaster ride ahead of you.

1. Talk to your spouse before you do anything else. You once loved each other; you may even still love each other. Find a way to speak to each other respectfully when it comes to the terms of the divorce. Attorneys will promise you the world in their ability to obtain a divorce settlement, but in the end, most attorneys stir the pot and make the process longer than needed. If you and your spouse can work out at least a partial agreement the divorce process will be more smooth and cheaper.  If you can’t work it out at least you tried.

2. Jump off the diving board. This tip doesn’t apply to everyone. It really only applies to those who know with 100% certainty that their marriage is over. Take the leap of faith, and call things what they are. The longer you wait to file, the longer it takes to get through the process, and into the spot in your life where you can finally move on.

3. Don’t try to do it alone. Divorce doesn’t need to be a dirty little secret that you hide from friends, and family. While the specifics of what is causing the divorce don’t need to be put out in public, admitting what you are going through can be very helpful through the process.  Don’t be afraid to lean on people.

4. When dealing with your spouse, try your hardest to do so pragmatically and remove emotion. No not villainize your spouse in front of your kids. Emotions are annoying things that cloud our brains at the best of times, and at the worst of times. Anger and sadness may cloud you into agreeing to a settlement you never would agree to.

5. Set some goals and game plan with an attorney.  It is very easy to get sucked into the bitterness that divorce causes. Even easier to get sucked into the drama and unnecessary fighting that happens when kids and money are involved. Avoid these at all costs and focus more on your future and what you want. Where do you want to live, where are the kids going to live, where do you want to retire? The difference between a good divorce attorney and a bad divorce attorney is how they focus on your case and situation. Are they only focused on the now? Has your attorney not even mentioned the future? Try and set 10 achievable goals, this shifting of your thoughts should help you keep a clear mind and help move the case along quickly.

6. Know that the court doesn’t care who did what to whom. If you are looking for sympathy or to make him/her pay for their moral sins (cheating, neglect, etc) this will never happen in front of a judge. Judges don’t care about infidelity and it will have little to no impact on your case. I am aware how harsh this sounds but unfortunately, it is true. Weather he or she cheated has no direct impact on who gets custody or parenting time, has no impact on who is awarded what in the settlement, and has no impact on things like spousal maintenance (alimony) or any other details of the divorce settlement.

7. Have a good support team including therapist if needed. Prepare yourself, you will more than likely have friends and family members who feel it necessary to choose sides. You might even loose longtime friend who were yours pre-marriage. Divorce is one of those times in life when you find out who your friends truly are. Know what you want and need from a friendship, and make sure you are only investing your time and energy into friends who are truly there for you. Talking to a therapist is never a bad idea. Especially if your marriage was a long-term marriage. Going from a family setting to being alone is a very hard transition. Friends, family, and a good therapist will help keep your mind on track.

8. Go over your finances before the divorce settlement is agreed on. At this point you should be close to reaching a settlement with your spouse. You need to protect yourself first and not just assume your spouse is being honest about debts and assets. Have you pulled your credit report to make sure every debt is included? Too often, a spouse will open a secret joint credit card, make sure you have all of the information so you can make an educated decision when it comes to how the debts and assets will be divided. Have you double checked your budget alone to make sure you can afford the debt to income changes? All of these minute details can affect your financial future. Make sure you look at everything before you jump into a settlement.

9. Do not lose your mind if your spouse starts dating before you. WOW. Just reading that screams the word, OUCH! But it’s true. Acknowledge again, the marriage is over and moving forward is part of the process. One of you will date before the other. Unless there’s some strange double date that occurs on the same night and all the stars line up making it possible for you both to become involved with new people on the same exact date; one of you will move on first. Breathe, do not Facebook stalk, do not become a green monster of jealousy. Talk to your friends and family (away from the kids) and perhaps a therapist about how you are feeling and get it out. Do not allow the anger to fester.

10. Treat yourself to something special. Take a trip, go to a ball game, have a spa day or treat yourself to a round of golf at that new course you’ve been dreaming about. Whatever it is, make it something that is just for you, and something to make yourself smile. You are about to start your new life, find out who you are now, and what really makes you happy. Don’t be afraid to try new things. You may have been afraid to try kayaking 20 years ago, but now you might find it exhilarating. You won’t know until you try.

Divorce is the death of a marriage. Not of the people who were married. It sucks, there’s no doubt. There will be days when you are absolutely fine, and others where you won’t want to get out of bed. Time helps, and while it doesn’t necessarily get “easier”, it gets different. Those differences in your day-to-day life are what makes it easier, and eventually better. I can tell you that the friends I’ve had who’ve gone through it all went through terrible periods but have become much happier than they were.

 

Five Things To Know About Contesting A Will In Illinois

I recently read an article in Forbes about contesting a will.  It gave five “tips” from a lawyer, but if you read it, two of them are about how expensive this can be, one is how it’s emotional and the other one is that most cases settle. That’s not really great information in my opinion because it really is advice that could be true for most areas of law. So I thought I’d put together a real list of what you should know about contesting a will in Illinois.

1. Let’s start with cost.  Yes it can be expensive, but if the estate is worth enough money and the facts are on your side, we know lawyers who will take the case on a contingency basis which means that they only get paid if they win.  Their fee is typically 1/3 of what they recover.  So how much does an estate have to be worth?  It depends on the case and what your share would be, but in general the lawyers we know who work on a contingency want the eventual payout to them if they win to be at least in the high five figures.  So that would usually mean the estate is worth at least $500,000.00.  The bigger the potential payout, the more likely you are to find a contingency lawyer.

2. Generally speaking, to contest a will you have six months from the date the will is filed with the Court to do so or you can lose your rights to ever contest it.  So you need to act fast and if your relative that you are having a dispute with tells you that they will take care of everything, beware that this could just be a delaying tactic.

3. You can’t contest a will in Illinois because you don’t like that you were left out of it or you were told verbally that you were going to get something that isn’t in the will.  The best claim to a will not being valid is you being able to prove some sort of fraud or that the person who died didn’t know what they were doing when they signed the will.  The classic example is a will that is signed shortly before a death while the person is on medication or showing that they had severe dementia when the will was created and could not have had a lucid moment when they knew what they were doing.

4. If you are successful in getting a will thrown out, the previous valid will replaces it.  If none is available then Illinois intestate laws apply.  In cases of a parent death with no spouse that usually means that everything will get divided up among the children.

5. Contesting a trust is a little different because nothing has to be filed with the Court, but the same principle exists that if you believe the trust was fraudulently created, you have to act fast.

Hopefully this is more relevant to you than the Forbes article. If you have any questions or would like an attorney referral, call us at 312-346-5320 for a free consultation any time.

Illinois False Claims Act And Whistleblower Lawyers

We are Chicago attorneys who help people find the right lawyer for their case and provide free legal guidance.  Call us at 800-517-1614 for a free consultation.

The false claims act is a federal law that is also sometimes called the “Lincoln Law.” This is the law that sets liability for those who defraud governmental programs. This law has been around and active on the books since the Civil War. It was originally started to help stop fraud against the government potentially caused by suppliers to the Union Army. However, in 1986 there were several mishaps by the department of defense contracting industry that brought on new amendments. Since those amendments, in the last three decades, over $48 billion dollars has been recovered on behalf of the government. With nearly half of the total recovered as a direct result of health care related cases.

Whistleblower and Qui Tam are provisions within the false claims law that allows others to file legal action for the government, even if they may be a party in the suit. The “others” that are allowed to file suit on behalf of the Government are not part of the government, and they are called realtors. These provisions were put into place due to the simple fact that our government doesn’t have the capacity to investigate all of the fraud and false claims that are submitted. Instead, private citizens have the ability to file suit on behalf of the government, submit evidence of fraud, and also receive monetary rewards sometimes up to 25% of any money that is retrieved from the suit.

Medicare and other healthcare fraud has taken over as a majority of these types of cases. While many Americans use privately held insurance, millions of Americans rely 100% on governmental programs and assistance such as Medicare. Due to the abundance of people using these programs, sometimes it is very hard to detect the fraud that is occurring. The fraud occurs when doctors or Medicare providers and facilities engage in behavior such as billing for services not rendered, billing for patients that were never seen, using billing codes that represent a more expensive treatment than which was actually preformed, billing for individual testing procedures instead of bundling them into one fee, and even billing for unnecessary medical tests and treatments.

Another form of suit that is becoming prominent is based on shareholders civil lawsuits filed Qui Tam, against their companies on behalf of the government. In one case like this, a software company that supplies it’s product to the government, did not disclose deep discounts and incentives given to private and commercial companies, while charging the federal government premiums that were highly inflated. The fraud was uncovered when a former senior executive filed a whistleblower action. In this case, the allegations were settled. The company agreed to pay $199.5 million dollars back to the government, less the $40 million that went directly to the former executive as a monetary reward for exposing the fraud.

If you would like to file a claim, or a whistleblower lawsuit, several very specific procedures must be filed for you to in fact receive the reward. The majority of the case will rely on evidence or proof you have of your claim. Facts on paper, emails, sales receipts, etc. anything that is solid evidence that your company was committing the crime will be submitted as evidence. If you have evidence of such fraud, you should contact a Qui Tam attorney immediately. They will review your documents, and determine if there was fraud, and if it falls within the statute of limitation to bring a case. Next they will draft what is called the Relator’s statement. This statement will serve as a complaint that explains to the government what exactly you are accusing or blowing the whistle on. This document gets filed first under seal with the attorney general and the US Attorney, then later is filed under seal with the US District Courts. Once that has been completed, the government will do their own investigation and determine if they would like to join the suit. For you to receive any benefit or award settlement, the government must join. After that, the case will either be litigated and decided upon by a judge, or settled out of court. Either way, once the case is “won” you will receive an award for coming forward.

Some recent Whistleblower’s Act claims that were litigated and won include a lawsuit against Respironics, a company that sells masks for people with sleep apnea. This lawsuit yielded a 34.8 million dollar gross to be paid, 5.38 million of which was rewarded to the Doctor that originally brought the suit. EV3 is a medical device company that allegedly convinced several hospitals to admit patients for a procedure prior had only been an outpatient procedure. In this suit, 1.25 million dollars was recovered. Another medical device company settled their case for $6 million dollars after being accused of participating in cash kickbacks to the doctors who referred patients to use its devices. One of the former product managers for the company came forward in her Qui Tam suit, and her recovery amount is not yet determined.

These cases are very complicated from the legal standpoint, but if you have proof that your employer or some other business is defrauding the government, an attorney will make the process easy on you. As well, there are anti-whistleblowers laws in place now that will protect you from any sort of retaliation.  Call or e-mail us at any time to ask questions or for help in finding the right type of lawyer for the fraud you want to expose.

Divorce Advice For Ariana Grande And Pete Davidson

According to the news, Ariana Grande and Pete Davidson are engaged.  Congrats to the happy couple.

At the risk of sounding unromantic, I’m guessing that the over/under for how long their marriage will last, if it gets that far, is about two years.

So if I can give them one piece of advice, especially Ariana since I assume she’s the bread winner, they should have a prenuptial agreement.

Some people don’t like prenups because they don’t like to think about divorce.  I’ve heard some people say that if you are thinking about a prenup then you shouldn’t even get married.  That of course is a bunch of nonsense.

A marriage is really a business and a prenup is a partnership agreement.  Any good business startup identifies how things will be handled if one partner wants out of the business.  A prenup is no different.  You are hoping for the best and preparing for the worst.

If you are getting married in Illinois it’s important to remember that to be a valid and enforceable it needs to be completed at least 30 days before the wedding and each party should have their own attorney to review the document with them.

It’s important to remember that a prenup doesn’t have to say that if you get divorced that one party gets nothing.  It can say whatever you want it to say.  The bigger point is that if you do get divorced then you won’t waste time and tens of thousands on lawyers (or in the case of these two love birds, likely millions) because the document will control everything.

And you don’t need to be millionaires for a prenup to be a good idea.  It’s smart for any marriage and quite honestly it should be a requirement for anyone who is looking to get married. It could save a lot of trouble and heartache down the road.

So best of luck and many congratulations to the happy couple.  I hope it lasts.  And if it doesn’t last I hope that you are smart now so you don’t have legal regret later.

Illinois Birth Injury Statute Of Limitations Warning

The Warning on Statute of Limitations for Birth Injuries: Is it 8 years or is it 2 years?

Childbirth is a very exciting time for a mother and her family. It can also be a very scary time if there are any signs of potential birth complications such as breech birth, preterm labor, preeclampsia, brain injury occurring due to oxygen deprivation and more.

Generally speaking, when there is a birth injury in Illinois due to the negligence of a doctor, hospital or other medical professional, you have eight years from when it happened to file a lawsuit.  This law exists because with infants it can take many years to determine what the actual injury is.  You can’t prove that the baby will have difficulty speaking or learning when they are born.  If they hurt their shoulder in the delivery, there’s no way to tell how that will impact them in five years.

There is a HUGE exception to this rule though.  And if your lawyer doesn’t realize this it can end your malpractice case and leave you with no option other than suing your attorney.

If a patient experiences negligence or malpractice at a federally funded clinic or hospital or by a federal employee, the statute is actually only 2 years under the Federal Tort Claims Act (FTCA). The trap for these patients is that they think they have 8 years, but in truth, they only have 2 years and are losing their right to sue.

The trick is that you could be at a regular hospital such as Rush, Swedish Covenant, Northwestern, etc., but the doctor who makes the delivery error could actually work for a Federally funded medical clinic.  In those cases while they have privileges at the hospital, their true employer is the Federal Government.  As a result, you only have two years from the malpractice date to sue, not eight.

We’ve seen examples of prestigious, successful law firms failing to discover the true employer of these doctors.  It’s somewhat laziness in that when these cases come in you have to be able to verify where the OBGYN or other doctors involved actually work.  When the lawyer hears a hospital name, some don’t think to dig deeper.  Their failure could cost you millions if it’s a catastrophic injury.

Federally funded medical clinics are national and doctors can be employed at several locations. Unfortunately, many patients are not even aware if their doctor or clinic is government funded.

So how can you tell if a clinic/hospital or doctor is federally funded? You may need to do a little research and investigating to find out if you’re going to a federal funded clinic/hospital or seeking treatment from federally employed doctors. Some options include:

• Looking at the Clinic or Facility’s website.
• Call and ask the clinic directly.
• Visit the Health and Human Services (HHS) website at HHS.gov for more information.

There are literally hundreds of these clinics in Illinois with names like Heartland Health Center, Aunt Martha’s, Access and Shawnee Health Care.  In other words, it’s not always obvious and you have to do some digging.

Some law firms take an approach with birth injuries that they will do nothing until the child turns three.  If that is your child and the doctor who screwed up is employed by one of these clinics, you’d have no case to pursue because it would be too late.  So the bottom line is that you need to be diligent and confirm who your doctor actually works for.

Is this confusing? It can be.  We are experienced Chicago attorneys who would be happy to talk to you about a potential case for free.  Fill out our contact form or call us at 312-346-5320 for a free consultation.

Who Keeps The Dog In An Illinois Divorce?

Historically speaking, pets were always treated like personal property when determining a settlement in a divorce case. There were no considerations legally for one party to retain “custody” and no provisions for the other party to have visiting time with the pet. The family pet would be awarded to one party in the same manner a vehicle or record collection would be, with the other party being left out in the cold with no recourse. However, a new law in Illinois will change the way pets are dealt with in the context of divorce.

As of January 1, 2018, Illinois family law judges will now be able to take into consideration the best interest of the pet when determining who gets to keep the pet. This includes provisions for if the pet was acquired during the marriage or if one party owned the pet prior to the marriage. Meaning, if you brought a pet into the marriage and are the primary caretaker of the pet, more than likely you will be awarded ownership of the pet in your divorce settlement. The new law also provides for companion pet owners to have sole or joint ownership dependent on the pet’s needs if the pet was acquired during the marriage. Who is better suited to care for the pet will be determined in the best interest for continuing care of the pet. The one stipulation to the new law is that “companion” animals are not the same as “service” animals. If a person has a service animal, that person would keep the animal.

While it’s not exactly the same, in many ways the best interests test is like what is done during child custody cases in Illinois. It makes sense as pets are like a member of the family.  My wife and I certainly view our dog that way and I know we are not unique in that regard.  Just like child cases, it’s important for you to document what you do for your pet, e.g. time spent walking them, feeding them, taking them to the vet, etc.

If you are considering divorce or break up and worried about who will retain custody of the pet, or if you have questions about pet parenting time, feel free to call us. We will provide a free consultation and put you in touch with a qualified divorce attorney in your area.

Zinbryta Lawsuit Attorneys

Zinbryta (daclizumab) is a medication used to treat adults with relapsing forms of multiple sclerosis (MS). Multiple sclerosis is a neurological disease that scars nerve tissue and causes a range of symptoms, including pain, vision loss, impaired coordination and paralysis. MS affects more than 2.3 million people worldwide.

Zinbryta is not a cure for MS, but helps prevent the immune system from attacking the nerves in the brain and spinal cord. Doctors generally prescribe Zinbryta to patients who have tried two or more other MS medications and not experienced positive results. It is injected under the skin, typically once a month.

Why was Zinbryta withdrawn?
Biogen and AbbVie, the makers of Zinbryta, announced a voluntary withdrawal of the drug from the market on March 2, 2018, and they halted clinical studies. The move was in response to the European Medicines Agency call for an “urgent review” of the drug after twelve cases of serious brain inflammation were reported. The inflammatory brain disorders experienced included encephalitis and/or meningoencephalitis.

The European Medicines Agency stated that, “Zinbryta may also be linked to severe immune reactions affecting several other organs.”
Complications in addition to encephalitis and meingoencephalitis include:

• Liver failure and other serious liver injuries
• Serious skin reactions including Stevens Johnson Syndrome and Toxic Epidermal Necrolysis

Zinbryta was available in the European Union, Switzerland, Canada, Australia and the United States. Over 8,000 patients around the world have received Zinbryta according to the European Medicines Agency.

The U.S. Food and Drug Administration (FDA) stated that it was aware of the 12 reports of brain inflammation and is conducting its own review. The FDA acknowledged the “complex safety profile” of Zimbryta since its approval.

Legal Action

If you or a loved one was diagnosed with encephalitis, liver failure, Stevens Johnson Syndrome (SJS), Toxic Epidermal Necrolysis (TEN) or another severe reaction/disorder after taking Zinbryta, please contact us immediately. You may have a legal claim.  We will talk to you about an individual claim, not a class action lawsuit.  Your individual claim will focus on what happened to you and will work to compensate you or your loved ones.  Beware of attorneys that want you to be a part of a class action and do not give you individual attention.  Call us at 800-517-1614 for a free consultation.

The Best Chicago Medical Malpractice Law Firms Get The Most Money

We were recently involved in a case where an older man died after his doctor failed to diagnose a pulmonary embolism and deep vein thrombosis.  The doctor who committed the error had an insurance policy for $1 million, but the negligence happened at a hospital so they were sued too.

After some wrangling, the defense attorney offered to settle the case for $1 million.  The top Chicago malpractice lawyer we referred this client to said no.  The defense then offered to kick in an extra $100,000.00 from the hospital to end the case.  The attorney, with approval from his client of course, again said no.

Fast forward and right before the trial the case settled for $2,500,000.00.  There wasn’t much of a defense and while no amount of money can compensate the widow for her loss, this money will make her life much easier.

The point of all of this is that most firms would have taken the policy limit offers and wouldn’t have the guts to say no.  It would be the easy move for them because it would put money in their pocket without having to take the time and expense of getting the case ready for trial.  But the best move for the client was to say no and get ready for trial.

The simple fact is that medical malpractice lawsuits in Illinois are expensive, time intensive and difficult to win.  So the reality is that while many lawyers want these cases, there are really only 7-10 that deliver consistently great results and have a true track record of success.

A one man law firm will have challenges in handling all the work. A newer firm can have trouble funding these cases which can cost $100,000 or more to get to trial.  A firm without a track record doesn’t get the attention of insurance companies which makes them dig in more.

Getting one of these firms doesn’t guarantee a result, but it certainly gives you the best chance for a good result.  If you would like our help in finding the best malpractice attorney in Illinois for you, call us any time at 312-346-5320.  You can speak for our lawyers for free and we will answer any questions you have and guide you in the right direction.

Does Your Illinois Lawyer Think He’s Better Than You?

Despite what that image says, most attorneys I know and come across are normal, decent human beings. They, like you and me, have their flaws, but most don’t think that they are better than anyone else just because they are an attorney.

But there are some that think they are royalty or otherwise above their clients.  One Chicago attorney in particular I’ve heard makes his clients call him Mr. instead of by his first name.  And this isn’t an old guy and includes clients and staff that are both younger and older than him.

It’s such pretentious, insecure phony b.s. and it makes me want to scream.  Do I know more about the law than you do?  I sure hope so.  Am I better than you because of that?  Of course not.

So many Illinois attorneys don’t know how to talk to people and have somehow created this belief that they need to act all uppity in order to get respect.

Do you really want a lawyer who talks down to you? Who uses fancy words to try and act like a big shot instead of talking in plain English? Who has no patience and yells at you? Who doesn’t respond to calls or e-mails because he’s just too busy?

Nobody would want an attorney like this, but they are out there.  Some are just unhappy jerks and some just don’t know better.

My advice to you if you come across an attorney like this is to either: A. Immediately ask their first name and call them by it.  If they can’t handle it then they aren’t for you.  B. Just run and find someone else.  Hiring a lawyer in general isn’t a fun experience.  You don’t need to be with an attorney who stresses you out.

The great news in Illinois is that there are literally tens of thousands of attorneys and you usually don’t have to look far to find someone who will act like a normal human being and care about your case.

40 Things To Know About Illinois Divorce Law

We are lawyers in Chicago who help you find the right attorney for your case for all areas of Illinois law, including Illinois divorce law.  Here are 40 things we think everyone should know about divorce.

1. You can’t use the same lawyer as your spouse.
2. Annulments are rare and typically a religious term.
3. File for divorce locally in the county you or your spouse lives in.
4. You have to live in Illinois for at least 90 days to file here.
5. The case will last as long as it takes you to agree on all issues.
6. It is possible to ask your spouse to be responsible to pay your attorney’s fees if there is a disparity in income.
7. While you can dispute the contents or grounds of a divorce and delay it., typically you cannot stop a divorce from happening.
8. For the most part, it doesn’t matter who did what to cause the divorce.
9. Children don’t get a say in custody, but as they get older they have more influence.
10. Most cases settle and don’t go to trial.
11. There is a difference between legal separation and divorce.
12. If you change your mind during the process, you can have your divorce case dismissed.
13. Divorce attorneys charge per hour unless it’s a truly uncontested divorce in which case some do flat fees.
14. “Fathers’ rights” is just a marketing term.
15. If you or your spouse started a successful business during the marriage, you will need a divorce attorney who understands forensic accounting.
16. Inherited money is not considered a marital asset.
17. Either party may ask for maintenance which some people call alimony. Typically the higher earning spouse will be ordered to pay a reasonable amount per month until the other spouse can become self-sufficient.
18. You may move the children out of state only if you have been granted legal permission from the court.
19. Child support amounts due are ordered by the court.
20. There is no law stating you can’t date new people during the divorce proceedings.
21. There is a difference between joint and sole custody and shared custody when children are involved in a case.
22. Temporary orders may be put in place to allow visitation and support to start as soon as the case is filed.
23. Child support is not taxable to either party. Maintenance is deductible to the person paying and taxable income to the person receiving.
24. You must have the other party personally served to start a case if there are children, property or alimony involved.
25. If your spouse simply doesn’t respond to the divorce petition, you may be awarded everything requested in the petition by default.
26. You may be ordered to go to mediation if you are unable to agree to certain terms of the divorce.
27. The cost of your divorce is based on the complexity of your case and how long it lasts.
28. The wife may have her name legally restored to her maiden name if she chooses.
29. Illinois child support law changed dramatically in July of 2017.
30. There is no waiting period prior to filing, the only contingency on filing in Illinois is one of you must have lived in Illinois for at least 90 days prior to filing.
31. Typically, even if there is a signed divorce settlement, at least one of you must go before a judge for the final court date.
32. There is no such thing as common law marriage in Illinois. So if you never received a marriage license you are not legally married, therefore you wouldn’t need a divorce.
33. All child related issues will be ruled on by a judge before the divorce is finalized.
34. All parents must attend a parenting education class before their child custody issues in a divorce are finalized.
35. The marital home or family home may be kept by one party depending on the needs of the children, how the other property will be divided and who has the ability to pay for the home. Typically it will be ordered within a certain time frame the mortgage be refinanced into the awarded parties name alone.
36. Any debt incurred during the marriage will be divided during the divorce. Any new debt since the date of filing will not be part of the divorce.
37. A legal civil union requires a legal divorce proceeding.
38. Non-marital property or debt cannot be attributed to the other party. IE: You cannot force your spouse to pay your student loan or tax debt obtained prior to the marriage. Your spouse also cannot lay claim to property you acquired prior to the marriage.
39. Your spouse may be entitled to a portion of your 401K, IRA or pension benefits and you may be entitled to theirs.
40. Health insurance may become an issue during and after a divorce if you both are on one employers plan. The non employee party may remain on the plan for up to 36 months under COBRA, for additional fees, or they may have to obtain separate health insurance once the divorce is final.

If you have any questions or need help finding an attorney please contact us at any time for a free consultation with one of our lawyers.

New Illinois Child Support Law Update

Last July Illinois changed the child support law.  Now payments are based on how many overnights each parent has with their child as well as the joint incomes of both parents.  There is a table that shows what payments should be based on these factors as well as the number of kids that you have.

Nobody was sure how this was all going to work out and it’s still not 100% settled as some aspects of the law are being challenged at the Appellate Court.  But I asked a Chicago family law attorney his thoughts on the law and here are some of the highlights he gave us:

  1. Many parents in custody cases are trying to get to 146 nights with their kids to try and lower their potential child support payments.
  2. In cases where one spouse is getting permanent maintenance on 20+ year marriages and the maintenance is being reviewed, child support payments are going down because the maintenance is being considered as income.
  3. Many cases are getting rejected when the changes in income are relatively minor.  Essentially Judges are rejecting the cases and applying the old law even though if the case was brand new the payments would be much less.  That is a big area of appeals right now so time will tell how this shakes out.
  4. In cases where modifications to child support are being made, it’s very rare to see one where payments are going up.  So in most cases if you are paying support you’d want to consider a modification, but if you are receiving it you’d want to sit tight.
  5. Some parents aren’t doing a great job of documeting their actual overnight time.
  6. The same issues of people being paid under the table still exists and is being used to try and hide income and lower payments.

It’s been only nine months since the new law was put in to place so you can expect that a year from now we’ll have a much clearer picture on how things are working. If you have any questions or would like a referral to a Chicago area child support attorney, please call us at (312) 346-5320.  All calls are free and confidential.  While we don’t promise a result, we do promise that every attorney we recommend has tremendous experience and a great track record.

Help This Difficult Client Find A Criminal Lawyer

I’ve been helping people find the right lawyer for their case since 2001.  I’ve helped almost 400,000 people and I almost never see a situation where I don’t know a lawyer for the person who needs help.

But I’ve come across a person who is so difficult that he keeps losing lawyers.  He claims to have a lot of money and it’s a really high profile case.  Attorneys love clients with money and they love high profile cases, but nobody wants to go near this case.  This guy not only claims to be hugely rich, but also says that everyone says so.  Yet top criminal attorneys like Dan Webb want nothing to do with him.

Part of the problem is that this potential client thinks he’s smarter than every lawyer out there.  He doesn’t need their advice because he knows more about law than all of them.  Everyone says so he claims.  When the lawyers tell him to stop tweeting about his case because it makes defending him more difficult and increases the chances he will be charged and convicted of a crime he shows them who’s boss and just tweets more.

It’s not too hard of a job really.  The number one thing a lawyer would have to do is prevent him from testifying under oath because if he does he will surely get charged with perjury and not the “it depends what the definition of “it” is type of perjury.  In fact, given how often he’s been sued in his life, it’s kind of a miracle that he hasn’t gone down for perjury already.

What qualifications does a lawyer need to represent this amazing client who can’t find a lawyer that wants his case?  Getting on Fox News would be a good start. Not being an uggo like Ted Cruz’s wife or a fatso like Rosey would certainly help, unless you are a man then you can look however you want.  The biggest qualifications would be the ability to silently listen as your client regales you with stories of the different women who want to f him, the people he knows who are total losers and on some days, stories of classified national secrets.  Knowledge of international finance laws and the Logan Act are probably helpful too.

Bonus available if you have no problem with your advice being ignored and getting yelled at for delivering bad news.  The client allegedly is worth billions, but would prefer to have you bill him and pay later as he says he always pays his contractors except for the losers and haters who he will gladly pay once he gets sued.

Interested parties can apply in person at 1600 Pennsylvania Ave or just @ him and see how that goes.  Act fast as many top law firms and lawyers want to represent him despite none of them actually doing so.

Being A Chicago Personal Injury Lawyer Is Harder Than It Looks

Most of the attorneys I know are great, but truth be told, some are just awful.  The worst ones usually are the attorneys who put their own bottom line above a potential client and try to take on a case in an area of law they either just dabble in or know nothing about.  They usually do it because they think they are smart, wrongly believe the case will be easy and most of all want to make money.  We see this the most with attorneys who pretend they are Chicago personal injury lawyers.

Usually what happens is an attorney handles basic stuff like traffic tickets.  They help out a client who then says, “My cousin was hurt in a car accident as a passenger.  Can you help him?”  What the lawyer should do is say, “I don’t handle those cases” or “I don’t handle those cases, but know someone who does and can refer you.”  Instead in their mind they think, “I’m not making a ton of money and since they were the passenger, how hard can it be?”

The truth is that it’s a lot harder than they think.  First off, it takes skill and experience to identify all the proper insurance available, especially when a commercial vehicle is involved.  Second, there’s the matter of making sure the client is treating with a proper doctor and getting the care they need.  Third is having the experience needed to investigate an accident scene and/or document an accident properly.  Most of all though, the first thing an insurance company does when they get a new case is look up the lawyer.  If they realize the attorney is inexperienced, they will play hard ball and if they make an offer it will usually be a low ball one.

On the other hand, if your attorney has a track record of success and experience in dealing with that insurance company as well as a history of taking cases to trial when needed, the insurance company is more likely to be fair.

The other issue we see is that some lawyers who take these cases really need money.  You might think that most attorneys are rich, but the truth is that many are struggling.  A recent caller to my office needed a surgery from a car accident and her lawyer was trying to get her to settle the case for a low dollar amount. He wanted money now and didn’t care that the case would be worth more to him and the client by waiting.  He didn’t care that it was best for the client to do nothing now.  Fortunately she sought a second opinion.

So when you get an attorney who dabbles in personal injury, the client gets screwed.  These lawyers are frauds.  Do not hire the first lawyer you can hire.  Get the best one you can hire. You wouldn’t have a doctor who delivers babies operate on your back.  You don’t want a general practice lawyer for a serious injury case.  Any attorney who takes this case without a track record of success is looking out for themselves, not you.

If you need help finding the right personal injury attorney or just have questions, call us any time at 312-346-5320 to speak with one of our lawyers for free.  We cover all of Illinois and tell it like it is.  We don’t promise a result, but do guarantee we will look out for what is best for you and you alone.

What Should A Car Accident Lawyer’s Fee Be In Illinois

Note, we are Chicago lawyers who since 2001 have been providing free legal advice and attorney referrals for people with legal matters anywhere in Illinois.  We have a state wide network of great, experienced attorneys who have a track record of success.  If you would like to speak with one of our attorneys for free, contact us at (312) 346-5320.  For more information about lawyer fees in car accident cases, read on.

There is an awful injury law firm in Chicago that has the worst commercials ever.  That’s not what makes them awful though.  They suck because I get about five calls a week from their unhappy clients and they usually all have similar stories.  Their complaints are either A. They promised me things that aren’t true. B. I have a new lawyer on my case every month. C. They don’t return my phone calls. D.  They don’t answer my questions.  E. All of the above.

Essentially this firm markets themselves like crazy, but doesn’t care about their clients.  They lose a lot of staff because people don’t want to work for unethical attorneys.

A recent caller to my office had hired this shady firm for a car accident case.  What’s crazy is that this firm is really a work injury firm, but apparently is trying to get injury cases too.  The caller had the similar concerns as their other unhappy clients do, but also questioned their attorney fee.  This firm was asking for 37.5% fee just to take the case, 40% if a lawsuit is filed, more if it goes to trial and 50% if there is an appeal!

That fee request is nuts.  Basically they are robbing their clients who accept it.  There’s no law for attorney fees, but except for very difficult cases you should be able to get an outstanding attorney whose fee fill be 1/3 of what they recover.  Many lawyers charge 40% on every case because they can get away with it, but if I was you I wouldn’t ever pay more than 1/3 and in some major injury cases you can get that down tow 25-30%.

To make matters worse in this case, the firm, after the surgeon discharged the client from medical care, forced him to go to a doctor buddy of theirs for physical therapy.  Of course that was done to try and inflate the bills to make the case worth more, but what’s really going to happen is it will make the case worth less because the insurance company won’t pay for it.  Ultimately, since this is a big injury case, the doctor will get paid, but it will come out of money that should have gone to the client.

It’s a pretty shady operation all around.

Bottom line is that you should not pay more than 1/3 to any injury attorney and you should never give them money up front.  If they are asking for that it’s a bad sign for them.  If you want help finding the best lawyer for your case, contact us for an unbiased opinion.

12 Things To Know About Illinois Divorce Law

It’s Valentine’s Day and while you hopefully are in a happy marriage, days like today cause many to take an honest evaluation of their relationship and for some they realize that they’d be happier if they were divorced.  With that in mind, here are 12 things everyone should know about getting divorced in Illinois.

  1. There is no set time limit for how long a case takes.  If you and your spouse agree on everything you can be divorced within 30 days.  If not, the case could take months or even years. In general, when kids are involved or you are fighting over property or a business it will cause the case to drag on.
  2. The cost of a divorce if you hire a lawyer depends on how much the lawyer charges and how long the case takes. In general you will be billed for everything an attorney does whether it’s appear in court, talk to you on the phone, draft a motion, talk to the other lawyer, etc.
  3. The best thing you can do for your case is to set a list of goals, both short term (what are you concerned about for the next six months) and long term (where do you want to live in five years) and work with your lawyer to make sure you are thinking about everything that you should think about.  Prioritize your goals.  The more you can achieve the more that settling makes sense.  The less you can achieve indicates you should go to trial.
  4. Beware of lawyers who over charge.  Ask for itemized bills every month.  There is one divorce law firm in Chicago that is famous for billing for “research” on basic issues.  There is no research being done, they are just stealing from their clients.  I’ve seen other cases where the attorney for one spouse charged five times as much as the lawyer for the other spouse.  It shouldn’t cost $100,000.00 to get divorced unless you have a difficult case.  In most cases it should be less than $10,000 and in many in can be under  $5,000.
  5. Joint custody refers to parenting decisions.  That is different than the amount of time you spend with the kids.  If spending a lot of time with the kids is important to you, document all of the things you do from driving to practices, helping with homework, playing with them, changing diapers, etc.
  6. As of July of 2017 there is a new formula for calculating child support in Illinois that is based on how many over nights each parent has with the child as well as joint income.  It can get tricky when one spouse doesn’t work or another either doesn’t report or hides income.
  7. Beware of law firms that market themselves in ways that makes you think they are special by saying things like “father’s rights.”  It’s a gimmick.  A good lawyer fights for their client, communicates, doesn’t over bill and does whatever they can to get the best result possible.
  8. Nobody is excited about getting a divorce.  It’s not fun.  What we’ve seen is that the process, since it’s rarely amicable, can wear on attorneys.  Many formerly great Illinois family lawyers become jaded or burned out.  You don’t want one of them in your corner because they won’t be in your corner.  If you see red flags like failure to return phone calls, yelling at you or having no idea what is happening on your case, switch firms before they ruin your life.
  9. You typically want a lawyer who has these qualities: 1. Just about 100% of what their practice is involves family law. 2. They’ve been practicing for at least ten years. 3.They do a lot of work in the county where you are getting divorced and know the Judges.  That usually means they are local.
  10. Don’t worry about the grounds of divorce.  Also don’t freak out if your soon to be ex sends a divorce petition that asks for the moon and contains nothing that the two of you talked about.  That’s often a lawyer’s “strategy” that gives themselves room to negotiate even though their actions make the case drag on, creates bad feelings and costs everyone more money.
  11. If you don’t have a lawyer, don’t ever skip a court date.  Even if the attorney for your spouse says they will do something, don’t take their word for it.
  12. One lawyer can’t legally represent two people in the same divorce.

Bonus tip.  I have a lot of good friends who have gotten divorced. They all have been miserable at first, plowed forward and come out on the other side happier and in better relationships.  Getting divorced isn’t ideal, but it can be the first step toward making you happy.

If you have questions or would like help with a case, call us at (312) 346-5320 for a free consultation.

What To Do If A Chicago Police Officer Sexually Abuses You

Police officers in Chicago and most places are for the most part great.  But when you have tens of thousands of them, there are bound to be some bad actors who do bad things.  Given that police have tremendous authority and power, they can do a lot of damage to innocent people.

In the past few months we’ve read a lot about officers in many cities/states who have been accused of sexually abusing people they have arrested and we’ve actively helped people in Chicago and other parts of Illinois who have made similar claims.

The challenge in these cases is that it can be a he said/she said situation and the cops who are scummy enough to do this do it because they believe nobody will believe a “criminal” over a cop.  That’s the mentality we are dealing with. So what should you do if an unethical cop, sheriff or any other officer makes you perform a sex act on them?

  1. Even if you committed a crime that put you in this position, you are still a victim and this officer is a criminal.  File a police report against them as soon as you can.
  2. Go to the hospital as soon as you are able to.  This can help prove what you are saying and enhances your credibility.  There is no such thing as consensual sex between an arresting officer and a defendant.
  3. Preserve any evidence that you can.  In one case, to be graphic, a client spit evidence in to a bottle. A DNA test will lead to an arrest and substantially increase the value of the case because it will take away any ability to deny that it happened.
  4. Remember the body cams.  Some really stupid cops have committed this rape while a body cam was on and/or turned it off without good explanation.

In the big picture, if this happens to you it can seem like an uphill battle, but if you are telling the truth your chances of prevailing both with criminal charges against the scum bag as well as in suing to win a lot of money.  What’s shocking in these cases is how often the person who abuses their authority has a track record of having done terrible things yet still gets to be alone with people to do it again.

If you would like a FREE and CONFIDENTIAL consultation about getting help with one of these cases or anything else, call us any time at (312) 346-5320 or fill out our contact form and we will call you.  You can speak with an experienced lawyer for free, ask questions and get pointed in the right direction.  We help everywhere in Illinois and with sexual assault cases by law enforcement officers we will often help any where in the US.

See also: Can You Record A Police Officer In Illinois?

Illinois Injuries When You Run From An Aggressive Dog

Some parts of Illinois dog bite law are pretty straight forward.  If you are minding your own business and a dog attacks you causing an injury, usually their owner or handler will be liable.  Those cases typically come down to whether or not there is insurance or other money that can pay your damages.  Not all cases involving dogs and injuries are that straight forward.

Imagine playing with your child in your back yard when you hear your neighbors huge dog start to bark and aggressively come towards you. What do you do? Most people, just like Bijal Parkh, would run away.  Unfortunately, when he ran he also slipped in his garage and shattered his knee.  Is the injury caused by Mr. Parkh or did the dog chase cause the injury? Who is at fault?

According to the 1st District Appellate Court, the dog chase was not the proximate cause of his injuries.  Meaning the dog didn’t trip Mr. Parkh or do anything else specifically to make him fall. In fact, in this case, Mr. Parkh ran so far so fast, he was unaware of how close the dog even was to him at the time of the fall.

When the case went to trial, both sides argued over what instructions to give the jury.  Mr. Parkh wanted “injury” defined to the jury as “an aggressive violent action designed to inflict an injury” or a harmless action that “under a particular set of facts results in an injury” which would still hold the dog’s owners liable for his own fall. Mr. Parkh’s request was denied as the court instead ruled the rules did not need further defining.

A dog chase is usually not enough  to hold a dog owner responsible, should something happen to you because of the chase. If the dog catches you and bites you or worse… that is a very different ending. Large dogs can be intimidating, especially when they are running right at you, or in this case, chasing you.  If you stumble an hurt yourself and the dog backs off without actually attacking you, you may be on your own for the medical bills.

Final thought.  Every case is different. So please don’t read this blog and assume you have no case.  Call us at (800) 517-1614 any time to speak with a lawyer for free and get an analysis to see if you have a case.

See also: Dog bite lawsuits in Illinois

Illinois Department Of Professional Regulations Defense Lawyers

We are a group of lawyers who are here simply to help you. We offer a free consultation over the phone, will answer all of your questions, go over your options and then recommend a specific law firm to represent you. We are not paid by these law firms, so we can truly offer you free, fair, and unbiased confidential legal advice that is unique to your situation.

We have vast knowledge and experience in helping those who may have had issues that threaten their professional licenses. Doctors, nurses, real estate agents, mortgage brokers and others  all have been helped even in this specialized small area of the law. T

The Illinois Department of Financial and Professional Regulations (IDFPR) is accountable moderating more than one million people in more than a hundred different industries, all in an effort to make sure the Illinois professionals are protected. Separately, They make sure that professional standards for safety, welfare and licensing standards are upheld. If you are facing an investigation from them, the #1 factor in hiring a lawyer is realizing that this is a niche area of law.  There are probably less than ten attorneys in Illinois who dedicate more than 90% of their practice to this work. If you hire a firm that only dabbles in it you are taking a huge risk.

There are two branches of the IDPR. First, the licensing and testing division makes sure that all of the requirements of licensed professionals are met within their chosen field in order to obtain licensing. The second branch is the enforcement branch. This branch enforces the laws that govern the conduct of many professionals in Illinois. In this case, professionals could be anyone with a license from a locksmith to a physician and everything in between.

If a complaint has been filed against an individual person holding professional license, an IDFPR investigator will be assigned to look into the complaint. That person will look into the situation to make sure no rules or regulations have been broken, and that the professional has all of their licensing up to date including ongoing education and notifying the proper boards of any criminal convictions, arrests or any other conduct that could be considered unprofessional.

The investigator will decide if any infraction is severe enough to be assigned to a prosecutor. That prosecuting attorney will then decide if a board disciplinary hearing or IDFPR Hearing is appropriate for the case. Often times, the result of these hearings can include no disciplinary action at all or the other side of the pendulum, total loss of a professional license.

Because of the severity of the possible disciplinary action, any professional who has an investigation brought against them, should get an attorney who knows what they are doing in their corner before the case gets too far.  These cases can be won and lost at the investigation phase.  We can help you find that attorney. Much like a criminal case, anything you say can and will be used against you.  Smart people have their lawyer do the talking for them.

We have helped hundreds of people in this situation and have a very high success rate with cases concerning professional license defense. If you would like our help, we will gladly take your call confidentially, listen to your situation and put you in touch with a qualified and experienced attorney to represent you. Our service is free and the lawyers we recommend are the  best at what they do in Illinois.  Call us any time at (800) 517-1614 or fill out our contact form and we’ll call you.

Being Fired Because You Make Too Much Money

There is a basic premise under Illinois employment law that you can be filed at any time, for any reason, as long as it doesn’t violate a contract (e.g. you are in a union) or an illegal reason such as your race, religion, gender, age, etc.  So you can be fired for an unfair reason, a false reason or anything that isn’t illegal.  This includes being let go because you make too much money.

Say for example, a man has been at a construction job for 25 years. He is now 50 years old. He has always received excellent feedback from his supervisors and has moved up the chain of command as far as possible due to his work ethic and commitment to the company. Along with those steps up in the chain of command have come pay raises. Then on his 26th yearly review, he is given horrible feedback, and denied an annual raise. He later hears from his co-worker that they are starting to scale back the higher wage earners who happen to be mostly old-timers because they cost the company too much in benefits and salary. Giving poor employee reviews is simply the first step in trying to get rid of the people who make more than the younger people coming on board new with the company.

While it may seem like a no brainer that this is age discrimination, unless you have actual proof there is no case for legal action. Unfortunately, there’s no case at all unless it can be proven discrimination which is easy to suspect, but harder to actually prove. There are no laws about a company that lies to its employees during evaluation. There are no laws that guarantee you must be treated nicely or that everything that happens on a daily basis will be fair. There are laws and Court rulings that say a higher rate of pay and age are not correlated. Therefore, it isn’t a no brainer at all. In the above scenario, there is no evidence of age discrimination available without a statement that they are getting rid of you because you are too old or something else that actually proves what you suspect is actually true.

If you DO have actual evidence that you were terminated due to your age, race, gender or religion, please contact us to review the facts of your case. We can put you in touch with a qualified attorney in your area to help put your best interests first.  And if you just have questions, call us too. It’s always free to speak with one of our lawyers.

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