TOUCH TO CALL: (800) 517-1614
Illinois Lawyer
Find The Best Attorney For Your Case
(312) 346-5320 or (800) 517-1614
Free Consultations - 24/7
No Appointment Needed, Just Call

Illinois Lawyers Blog, Talk To An Attorney For Free

What Is Medical Malpractice In Illinois? And What Is It Not?

We receive about ten calls per day from people who are looking for a lawyer for an Illinois medical malpractice lawsuit. Our goal on these calls is to learn the facts of what happened, determine if there is a case worth investigating and if so, refer you to a malpractice attorney who has experience and a track record of success with a case similar to yours.

It’s important to know a few things about these cases: 1. They are marathons, not sprints.  By that we mean that these cases take on average 2-4 years to resolve and the time between when you first call a lawyer and a lawsuit is filed if there’s a good case is about six months.  That’s because all of the relevant medical records must be gathered and reviewed by an expert physician who is willing to state that malpractice occurred. 2. Even in the most obvious cases of malpractice, you can bet that the insurance company will try to fight the case.  Doctors win 80% of the cases that go to trial in Cook County and in other counties they never lose.  So don’t be surprised that the case will take some time and make sure the law firm you hire can demonstrate lots of success in these cases.

Beyond that, it’s important to know what medical malpractice is. In plain English it’s when a medical provider screws up AND causes a major, permanent injury.  For cases that go to trial it can cost a lawyer around $100,000.00 in expenses.  So if there isn’t a catastrophic result then it’s usually not worth pursuing.  By catastrophic we mean death, becoming paralyzed, brain damage, severe nerve damage, going from being able to work to permanently disabled, requiring constant medical care, etc.  It’s awful to say, but also honest to say that a physician can screw up badly and get away with it if there isn’t a bad result.

Sadly a medical provider can get away with being negligent if you can’t prove that the bad result wouldn’t have happened anyway.  For example, if they fail to diagnose pancreatic cancer in a 90 year old and that person dies, the defense would be that at that age you have almost no life expectancy and couldn’t get treatment for cancer that severe.  Like I said, insurance companies ruthlessly fight these cases.  I can’t emphasize enough the importance of a strong law firm in your corner.

It’s also important to know what malpractice is not.  A woman called me upset that her doctor had spoken too loudly in the office about her medical condition. A man was frustrated because his doctor was rude to him.  Another caller wasn’t happy that his doctor would no longer prescribe pain medications because he missed an appointment.  None of these examples are medical malpractice, they are customer service issues.  If you think your doctor has behaved in an inappropriate way you should file a complaint against them with the Illinois Department of Professional and Financial Regulations as they license and discipline medial providers.

I hope this basic explanation clears up some myths.  We know and work with the best medical malpractice lawyers in Illinois. If you would like a free consultation or a referral, call us any time at (312) 346-5320.

Illinois Legal Malpractice – The Top Reason Lawyers Are Sued

Most people are happy with their lawyer or at least not so unhappy that they want to sue them.  But when you lose a case you should win or pay a bunch of money and get no result, it’s not uncommon to want to sue.

The best reason to sue a lawyer and the one most likely to result in you getting money from a lawsuit is if the attorney failed to file a lawsuit in time. So if you hire them because you were rear-ended at a stoplight and they have two years to file a suit for you, if they don’t do it then you’d have a case against them.

That’s not the top reason people sue lawyers though. According to the ABA’s most recent Profile of Legal Malpractice Claims, “Failure to Know/Properly Apply Law,” was the most commonly alleged error committed by attorneys. Based on the data, this type of error accounted for more than 15% of all alleged errors. Basically it’s lawyers working on cases they don’t have a lot experience with or giving advice on things they know nothing about.

A lot of lawyers get calls for personal injury cases and think two things: 1. This will make me a bunch of money. 2. This will be a slam dunk.  So instead of referring the case to someone competent they try to handle it on their own.  They get in to it, are dealing with an experienced insurance adjuster and defense attorney and soon realize that they are in over their heads.

As a potential client you can minimize the chances of hiring a bad lawyer by choosing a law firm that has a narrow practice focus and can show a track record of some success.  Other red flags to look out for:

  • Is there high staff or attorney turnover?  If that happens it means someone who is inexperienced could end up with your file or they’d have to pick up the pieces well in to the case.  Ask who will be primarily handling your case, how many other lawyers there are and how long they’ve been there.
  • Are you working with a young lawyer who is given too much free reign by their boss.? Law school teaches you legal principles. It doesn’t teach you how to handle a case.  That comes from a good mentor or trial and error.  Don’t become the error in their trial.  I almost never recommend working with someone who has less than five years experience.
  • Do they not return phone calls or generally act rudely to you? If that’s happening at the get go, why would you want to be with them.  It’s a bad sign.
  • Are they really old?  I salute someone who is still practicing in their 70’s if they really love what they are doing, but more likely than not they are spending a ton of time in Florida or Arizona and if they are away your case will get neglected.

There are plenty of other red flags too, but these are the biggies to me.  Hopefully you never have to sue a lawyer and the best way to make that happen is by hiring the right one to begin with.

Why It’s Hard To Sue And Win For Wrongful Arrest

I hear a lot of stories that make me sad and some that piss me off.  There are a lot of people who contact me looking to get a lawyer referral who have gotten a raw deal by the justice system and want to sue over it.

In the last year or so I’ve had a ton of calls from people who want to sue for a wrongful arrest.  Unfortunately most of these cases go nowhere.

To get arrested in Illinois and charged with a crime there just needs to be probable cause.  That can be as simple as some random person saying they saw you rob a store or that you hit them.  It’s a really low threshold. And as a result innocent people get arrested all of the time in Illinois.

To convict you the State has to prove you guilty beyond a reasonable doubt. That is of course a much higher burden and allows some guilty people to go free so more innocent people won’t get convicted.

The problem is that if you are charged with a crime and can’t post bail, you can sit in prison for a long time.  That of course prevents you from working, being with your family and having any life.  It’s also very dangerous and can harm your health.  Even if you can post bail, being arrested can damage relationships and ruin your reputation.

So of course when you beat the charges whether winning at a trial or getting a good attorney who can get them dismissed, it’s natural that you’d want to sue.  Unfortunately it’s usually not a good case.

The people you could theoretically sue are the police and State’s Attorney. But if they have probable cause to bring charges, that is usually enough for them to avoid any liability for a lawsuit even if you think it should be obvious that you had nothing to do with the crime.

It’s typically only cases where you can prove a cop planted evidence or that the State’s Attorney hid evidence that would show you are innocent or something like that which would lead to a case. For example, in one case a guy was dating the ex-girlfriend of a police officer.  That officer was jealous and planted evidence on him to make him look guilty.  It was the intentional falsifying of the report that allowed there to be a case.

The better cases are the ones you wouldn’t want anything to do with and those are when people spend years or decades in jail after being wrongfully convicted.  Usually those cases are winners because DNA evidence shows that the police must have been lying about what they said happened and spending years in jail is a clear harm.

Either way, we are happy to talk to you for free if you think you might have a case or just want to know if you do.  We don’t promise a result, but do promise to always tell you the truth.

Does Your Illinois Attorney Only Have Three Seconds For You

As lawyers in Illinois, we are required to complete 30 hours of continuing legal education every two years.  It’s somewhat tedious and a bit needless as I’m constantly educating myself on new laws, cases and legal happenings.  But we must formally attend conferences or in my case, watch videos online, so that’s what I do.

I was watching a live webinar that was provided by my legal malpractice insurance company on ten risk management tips.  Many of them were common sense such as don’t yell or return phone calls and respond to e-mail.    I didn’t need a video to know that.

As boring as it was, I did learn something new though.  The moderator asked how long on average does a potential client speak before a lawyer interrupts them?  They surveyed attorneys and the guess was 30 seconds which sounds quick, but usually is a point where either the client has said something I have a question about or they are going so far off track that we need to get on the same page.

The moderator said that they actually figured out the right answer is three seconds.  Three seconds before you get cut off once you start talking to a lawyer!

I’m not sure how they measured this, but I believe that it’s accurate.  I’m shocked, not shocked when I see attorneys and their clients talking at court.  You can tell that some of the lawyers are just bursting at the seams to not have to hear their client talk and many don’t fake their indifference.

I believe in predictors of success when it comes to hiring a lawyer.  If you talk to an attorney for the first time and they literally seem to have no time for you, it’s a huge red flag.  They should be asking you questions and it’s alright too if they are questioning you. They have to decide if they want you as a client just as much as you have to decide if you want them as a lawyer.  But if they won’t let you get a word out and don’t even care about anything you have to say, that’s a problem.

Note that there’s a big difference between them telling you “That’s not important for right now” versus you starting to tell what happened and them just cutting you off.  There’s also a difference between a lawyer saying “Tell me what brings you hear today” and a good lawyer who has a set of foundational questions they want answered at the get go because it’s always important.  For example, if an injured worker calls me, I always want to know when they were hurt and how before anything.  If you are looking for a divorce lawyer referral, I’d want to know where you live, how long you’ve been married, do you have kids and what you and your spouse do for a living. After that it’s up to you to ask what you want to ask and say what your concerns are.

Bottom line is that if an attorney is rude at the get go, they might be a fine attorney, but they more likely aren’t the one for you.

Questions?  Concerns?  Want to talk with an Illinois lawyer for free?  Call us any time at (800) 517-1614.

How To Get The Best Lawyer In Illinois

A couple months ago, a Cook County jury awarded a woman more than $148 million after she became paralyzed when a structure at O’Hare airport came loose during a storm and landed on her.  Her verdict against the City of Chicago was the largest I’ve ever seen in an Illinois personal injury case.

In reading about the history of the case, I learned that the City attorneys had offered $30 million to settle the case before trial.  That is a really large number and if she took it, it likely would have been one of the three biggest results in 2017.

She, through her attorneys, turned the offer down.  While the liability in this case was a slam dunk as the City admitted they were negligent (the bolts on the structure were missing) it takes a lot of guts to turn down a number that big. It’s possible that a jury could have awarded $10 million and even then that would have been a large result.

I bring this up because most lawyers will never get a $30 million offer to settle a case.  She was fortunate that she’d hired one of the top personal injury law firms in Chicago.  I’d estimate that there are maybe seven or eight firms that have the experience to handle an injury this severe and the confidence and intelligence to turn down such a large settlement offer.  For smaller firms or those without a big track record, their looking out for the client would be competing against their self interest of an eight figure pay day. Firms that have handled and won these cases before don’t make these decisions based on what’s good for their bottom line, but what’s good for the client.

The point is that if you want to get the best lawyer in Chicago or wherever in Illinois for your case, that doesn’t mean you hire the first attorney you can find.  I guarantee that any personal injury law firm in the country would have wanted this case.  What the victim did was make sure that she was with a firm that understood her injuries and knew how to maximize recovery by getting a proper investigation team on the scene.  They weren’t intimidated by the City attorneys or any of the games they played.

We exist and have so for over 16 years to help you find the best lawyer for you for your case.  The ones that deal with major injuries like this aren’t the right choice if you have $10,000 in medical bills and are for the most part better.  And those smaller firms aren’t the best choice for catastrophic cases.  They’d like a bigger case and they might even have a few seven figure cases in their background.  But the truth is that certain cases are worth more in the hands of certain firms.

So how do you make the right decision?

  1. You have to be aware and honest about what your case is really about.
  2. You have to know if there’s anything unique about your case such as an accident with a semi-truck or if it’s a divorce, a spouse who owns a business.
  3. You have to think about your individual goals.
  4. You have to understand track records of law firms and what is real and what is marketing b.s.

This might not sound easy and in some cases it’s not. You usually don’t know you made the wrong decision until it’s too late.  We started our FREE service in 2001 to help people figure out who the right lawyer is for their case. We’d be happy to help you make the right decision for you.  Call us for a no cost, confidential consultation any time (800-517-1614) or fill out our contact form and we’ll call you.  We cover all of Illinois.

10 Things You Need To Know About Illinois Workers’ Compensation Law

On average we talk to 8-10 people a day who have been hurt on the job and have Illinois workers’ compensation legal questions.  We hear a lot of the same things over and over.  Here is a list of ten things that we think everyone should know about Illinois work comp law.

  1. It’s a no fault law.  Unless you are drunk or reckless (e.g. you jump off a roof for fun instead of using a ladder), your fault doesn’t matter if you get hurt at work.  You don’t have to prove the company was negligent and they aren’t off the hook if you are careless.
  2. Lawyer fees are 20% and don’t exceed that amount without special circumstances.  If an attorney asks you for any money up front you should not hire them.
  3. 100% of your medical bills should be paid for any treatment that is reasonable and related to your job injury.  No co-pays, no out of pocket expenses.
  4. The insurance company and your employer can not talk directly to your doctor and they should not be in your medical appointments. This includes any nurse case managers.  Don’t let them schedule your appointments either.  They have a right to get a copy of your medical records and bills.  That’s it.
  5. Any lawyer who tells you what your case is worth right after you’ve been hurt is probably full of it and telling you that just to try and get you to sign up with them.  No way to tell you for certain what the case is worth until you are finished with medical care and at maximum medical improvement.
  6. The value of your case is determined in part based on the severity of your injury, how it will affect you in the future, the medical care you have, how much money you were earning when hurt, your age, the job you can return to, whether or not you have any work restrictions and the need for future medical care.
  7. If you don’t want to sue your employer you are in luck.  Workers’ compensation cases in Illinois are  not lawsuits, but instead are claims for benefits like any other insurance claim.  There is no Judge or lawsuit although if you aren’t receiving payment we would go to arbitration on your behalf.
  8. Your employer can drug test you after an accident.  If you test positive it creates a “rebuttable presumption” that the drugs caused the accident.  You can overcome this based on the facts of how you got injured and witness testimony.
  9. You need to provide notice to your employer within 45 days of when you knew or should have known your injury was work related.  The sooner you report it, the better and do so in writing. You don’t want to lose a case on a technicality.
  10. You can switch attorneys if yours isn’t doing the job and it won’t cost you anything.  Lawyer fees can’t exceed 20%.  The new firm and old firm will have to work it out to split the 20% but it won’t affect your bottom line at all.

And of course if you have any questions about Illinois law, call us any time at (312) 346-5320 or fill out our contact form. It’s free, confidential and we cover all of Illinois.

See also: Do I Have An Illinois Workers’ Compensation Case?

Illinois Lawyers Are The Worst

I love being a lawyer.  It’s been 20 years and every day is different for me.  I didn’t know that I would feel that way when I started off and I consider myself very lucky. I had a long time client call me the other day about a situation he had. He knew it wasn’t something I handle, but told me that he wanted my opinion because “you are the only lawyer I trust.”  That made me feel great.

I told him as we ended the call to remember two things:  1. He can always call me with any questions. 2. Lawyers are the worst.  I said the second thing as a joke and he laughed, but the sad part is that it’s kind of true.

Now I know tons of passionate, great attorneys who really fight for their clients.  Those are the attorneys I recommend to people who call me for a lawyer referral.

I also though have met and talked to a lot of attorneys lately who clearly hate what they do.  I like to ask lawyers if they enjoy their practice area or if they see themselves evolving in to something else.  Too many attorneys are miserable having done the same thing for a long time.  I’ve been told by more and more attorneys is that all they really want to do is make enough money so they can stop doing law at all.

Now I’m not against anyone retiring and enjoying life.  In fact I get nervous if an attorney is in their 70’s and still practicing law.  To me that can be a bad sign.

What I’m talking about is lawyers that make clear in talking to them that they hate what they are doing, hate their clients and would rather do anything other than practice law, but don’t feel they have options.  Really these are people who worship the money they are making over personal happiness.  Yes it would suck to go from earning six figures to 40 grand a year, but if you hate life, isn’t that worth it?

The problem is that these miserable attorneys have clients like you who get harmed because you aren’t getting their best effort.  Sometimes you can still win or get a good result, but a lack of passion or caring can doom you.

Your attorney isn’t likely to come out and tell you that they hate their job, so what are the warning signs?

  • Failure to return phone calls
  • Mood swings
  • Irritability
  • They don’t remember facts about your case that the two of you have discussed
  • Sloppy dress
  • High turnover in their office
  • Disorganized
  • They yell at you
  • Failure to follow through on what they say they will do

These are just some of the signs and if they do these things and aren’t burned out then they are just a bad attorney/person.  In most cases you can switch lawyers without problem and you should do so.  If you need help with a case or have questions call us at (312) 346-5320.

Illinois Attorney Who Will Work On Consignment

We are Chicago attorneys who will talk to you for free to answer any question you have or help you find the right lawyer for your case.  Call us any time at (312) 346-5320.  The service is free and we cover all of Illinois. Since 2001 we’ve helped more than 350,000 people and we would be thrilled to help you too.

Nobody wants to pay for a lawyer if they don’t have to.  Legal fees can be really expensive and in some cases even if you win, it feels like you lost and the only real winner is the attorney who took all of your money.

Because of this, we get a lot of calls from people looking for an attorney in Illinois who will work on consignment.  This is also known as contingency or “paid if you win.”  Essentially you don’t pay the attorney anything up front, but if they win the case, they get a percentage of what they recover for you, usually 1/3, but it can be more or less depending on the type of case and what you negotiate with them.  It’s risk/reward for them and you.

This type of fee isn’t available in all cases.  First, it can’t happen if you are in a case where money won’t be recovered such as a criminal case or when you are being sued.  It’s also not allowed by law in a divorce or custody case.  Attorneys typically don’t do it as well when the dollar amounts are small. In other words, if you are suing for $1,500, it’s not usually worth it to work on consignment.

So what types of cases can you get a lawyer who only gets paid if they win?

The most common cases are injury cases.  Car accidents, job injuries, medical malpractice, etc.  Every lawyer we know and recommend is consignment for those cases. If an attorney for an injury case asks you for up front money, you should run away.  It also happens with nursing home abuse, legal malpractice, social security claims (once you’ve been denied twice) and with class action lawsuits.

You can also get contingency attorneys in Illinois for some will contests (if the dollars are big enough), consumer fraud cases, some collection cases (when the defendant has money and your case is strong) and in some commercial litigation claims although when you are also being sued it makes finding an attorney much more challenging.

Bottom line is that there are consignment lawyers out there in Illinois.  If you would like our help in finding one, contact us at any time.

Illinois Lawsuits When You Are Hurt On Someone’s Property

I got called by someone the other day who was beat up on the CTA red line and wanted to sue the Chicago Transit Authority because it happened on their property.  A month ago a woman was was sexually assaulted outside her apartment wanted to sue the building owner and asked for our help.  That same week a woman who fell down the stairs at her friend’s house when a railing broke called me looking for legal advice.  I was only able to help one of them.

To sue anyone for personal injury, you have to show that they were somehow negligent.  Getting hurt on their property does not make them liable under Illinois law.  You need to show negligence too.

So the guy who got beat up on the el train doesn’t have a case because the CTA had no way of knowing it was going to happen and they don’t have to provide security on every train.  If CTA staffers were watching it all go down it might be a case, but that’s not what happened here.

The woman who was sexually assaulted also doesn’t have a case. It was a stranger who followed her home that assaulted her.  It’s awful that this happened to her, but there was nothing that the building owner did that lead to this happening.  It would have been different if the door lock was broken and that allowed the criminal to get in.  Again, you have to show some sort of negligence.

Finally, the woman who fell down the stairs does appear to have a case.  A property owner has a duty to maintain their residence. If a railing breaks that is most likely due to some negligence and assuming there’s an injury, you can sue them and their homeowner’s insurance would likely have to pay for your medical bills, lost wages and any pain and suffering.

The bottom line is that getting hurt on someone else’s property is not enough to bring a case. You need to show negligence as well.  So it’s important to get all of the facts and see if we can make a case.

If you have questions or would like to talk to an attorney for free, call us any time at (312) 346-5320.  We cover all of Illinois.

Illinois Lawyers, Are We All Connected?

I got a call from a really nice woman who had a civil matter in Tennessee that she needed legal help with.  She lived in Tennessee, but told me that she wanted an Illinois lawyer because, “All of the lawyers down here are connected and know each other.”

I explained to her that it would cost and arm and a leg to get an Illinois law firm to go to TN and that even if cost wasn’t an issue, unless it was a unique case like a trucking crash, getting someone local was a better idea.

It got me thinking though (do I write like Carrie Bradshaw), do people in Illinois worry that all of the lawyers are connected?

First off, there are over 90,000 people licensed to practice law in IL, 70,000+ of whom reside here.  In Cook County alone there are about 40,000 attorneys.  My job is to network with lawyers and even as someone who knows more lawyers than most people, I bet I don’t know more than 1,500 or so.

The point is that we aren’t all connected and even if we were, it’s not like we sit around and talk about selling out our clients because we are buddies.  Some of the most legendary battles at the Daley Center involve prominent plaintiff and defense lawyers who battle tooth and nail and then when the trial is over they’ll meet up for a cocktail or dinner.

Most of us are competitors.  It’s no different than if I was playing against a friend in basketball.  I play to win.  We also are businessmen and women.  Not so hidden secret, attorneys like to make money. If we sold out our clients for our friends then we’d not make as much and we’d probably lose the client.  I promise you that this just does not happen.

Beyond all of this, if we got caught doing what this caller alleged, we’d lose our license to practice law.  So to believe these theories, you’d have to believe I’d be willing to lose my career just so a friend looks good.

I get why people feel this way, especially when they think they have a great case, but can’t get representation or when the case isn’t going their way.  You might have hired the wrong firm for you or maybe you don’t really have a good case or maybe you just need to look more.  Whatever the reason, I guarantee you that we aren’t colluding against you or working with the other side.  Even the crappy attorneys who I’d never recommend don’t do this stuff.

Illinois Child Support New Law, Everything You Need To Know

On July 1st, Illinois radically changed its child support laws to become more aligned with other states that consider the incomes and parenting times of both parents when determining child support.

Under the new law, how much support you pay depends on how much time you and your ex have with the kids as well as how much you each make.  The State of Illinois has created a table (see: https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) that tells you how much you’d have to contribute for support based on your monthly net income and the number of kids you have.  The key term is net as in after taxes and mandatory deductions for items like healthcare.

Under scenario #1 of the new law, you and your ex split custody of the kids 50/50.  If that happens you find your monthly income number on the table and theirs as well.  You multiply each by 150% and then subtract the lower one from the higher one.  Whoever earns more will pay that difference to the other person.  While there will surely be arguments about what each person truly makes per month, this is a relatively simple calculation.

Under scenario #2, if you have your kids less than half the time, but more than 40% of the time (146 overnights) then you will be paying child support, but under a different formula.   It’s a bigger calculation.  You take the joint monthly income of both parents, multiply it by 150% and then multiply it by the income percentage the paying parent earns and then by their soon to be ex’s parent percentage time. Does that sound confusing?  Let’s break it down.  If you and your ex combine to make $12,000 a month and you make $8,000 of that, but have the kids 42% of the time, you’d take the child support number on the table I linked to for $12,000, multiply it by 1.5 and then by .667 (your income percentage) and then by .58 (your ex’s parenting time).

Scenario #3 is a little simpler. When one parent has the kids less than 40% of the time (again this means overnights), you take the combined net income of both parents and find that number on the table.  You then multiply that number by the income percentage of the parent who will be paying.  So if a couple makes eight grand combined a month and the paying father/mother makes 75% of that amount, the number on the table is multiplied by .75.

There are a few things to know about this new law.  The biggest is that you can’t go in and get your old child support order changed just because the law is different.  You have to show a change in your circumstances such as making more or less money.  Also, Judges have some discretion in how to apply this law so if you try and get more custody of your kids just to pay less and they see through that, you’ll still end up paying.

The courts in Illinois are already getting flooded with cases and you can bet that will continue.  If you have questions or want help on a case, call us at (800) 517-1614 to speak with one of our Chicago based attorneys for free.

Chicago Injury Lawyers Experienced Suing Uber, Lyft

It’s an Uber rider’s nightmare; sitting in the back seat, when an accident occurs due to the driver being distracted. In many cases, ride share drivers will work for both Uber and Lyft. With both of these companies relying on cell phone technology, some drivers will use two phones at once and others are new to town and have no idea how to navigate without the help of their phones. So, what happens if you are that dreaded rider in the back when an accident occurs?

I was once in an Uber in Chicago, with a driver that didn’t know how to get from the Loop to Wrigley Field. Constant eye contact on his phone/GPS trying to figure his way around a new city instead of safely delivering me to my destination. Often, people will relocate to a new city and sign on to be an Uber or Lyft driver because it is an easy way for them to make quick money. The problem of course is they are completely unaware of their surroundings when they are so reliant on the app or GPS to get them where they are going or to pick up their next fare. There have been cases in other cities of pedestrians hit by Uber and Lyft drivers because the driver was too busy looking for another fare, to look up and see the pedestrian crossing the street. One accident left a man sitting in the back of an Uber with a broken leg after the driver ran a red light. Another left a woman with a broken collarbone after a Lyft driver was struck by another driver, who ran a red light.

Both Uber and Lyft have similar minimum insurance coverage of $1 million dollars in coverage for death, personal injury, and property damage. If you are the rider in an Uber or Lyft accident, the coverage can establish a claim against the other driver involved in an accident if they were at fault. This coverage will cover not only a passenger injured while in an Uber or Lyft, and will also cover damages if an Uber or Lyft driver causes damages or injury to your car. If you have been involved in an accident as a passenger,  pedestrian, or another vehicle struck by an Uber or Lyft driver, give us a call at (312) 346-5320. We will put you in touch with an attorney in your area who will make sure your medical bills are covered as well as any additional compensation you may be due including lost time from work.

See also: Chicago Pedestrian Accident Lawyer: 6 Key Things to Know

Pressure Cooker Injury Lawsuits

We’ve all heard the expression, “like a pressure cooker ready to explode.” But what happens when a pressure cooker actually explodes and injures the person just trying to cook or jar their foods?
Pressure cookers have been used for decades in the kitchen for various meals. Personally, my mom used her pressure cooker all summer long. She would prepare strawberry rhubarb jam, rhubarb based butter, apple and pear sauce and of course any of the vegetables from the garden and can them in mason jars in the pressure cooker. I know other people whose favorite recipe for black and pinto beans include only using a pressure cooker.

However, not everyone has a fond memory of a pressure cooker. One woman had severe burns covering her chest and arms after a pressure cooker exploded in her kitchen. A simple malfunction, the cooker’s lid came off before the pressure was released. When the lid flew off it was a virtual explosion of scalding hot soup, hot enough to leave her skin burnt and blistered. She was in the hospital for over a week while doctors tended to her wounds.

One pressure cooker manufacturer, Tristar, has been hit with lawsuits over what customers are calling defective products. Their product allegedly explodes without warning. Two cases have already been settled, and at least one more has been filed. Consumer reports have raised serious safety concerns about other pressure cookers, including models manufactured by Fagor America, Tabletops Unlimited and Maxi-Matic.

What’s crazy is that in many of the injuries, the explosions have happened when directions on the box are properly followed or even after the product is done cooking the food and has been unplugged.  You wouldn’t think a machine just sitting there could cause harm, but it can.

The issue in these cases is often that the safety mechanisms designed to stop explosions have failed.  The beauty of these products is that they can cook meals in a fraction of the time.  They are supposed to be safe, but when they are defective it can cause a major injury. If you were injured when your pressure cooker exploded, contact us after seeking medical attention. We will put you in contact with an attorney in your area who has experience with these cases.

It’s always free to call us and speak with one of our lawyers.  We can be reached any time at (800) 517-1614.  You will usually speak to a lawyer right away and always within a few minutes.

Fair Debt Collection Attorney Chicago Illinois

Debt collection, when has it gone too far? For one debt collector, a fax to the debtor’s employer was the line. The Fair Debt Collection Practices Act was put in place to protect people who are being hounded by debt collection agencies. In the past, these collection agencies would not just call the person who owes them money, but also call friends, family members, neighbors and even the employers just as a tactic to shame the debtor into making a payment arrangement or simply trying to collect on the debt.

In this case, a fax was sent to the employer of a debtor after he disputed the debt. The collection agency sent a job verification form via fax, asking for salary and other financial information about  the debtor to his employer, several times. The judge ruled in the debtor’s favor allowing him to sue the debt collector for unfair practices.

According to the FDCPA, debt collectors may not engage in harassing or abusive conduct including communication with a third party other than the credit bureaus concerning collection of the debt. A collection agency must follow several rules or they open themselves up to lawsuits in violation of the FDCPA. These rules include verification of the debt, proper handling of disputes of the debt, and the way they handle themselves on each call. They may not harass or belittle a person who owes money, and threats of legal action cannot be made by anyone but law enforcement officials.

Have you been harassed by a debt collector? Have they called you names or threatened you with jail time or other unreasonable threats? If so, please contact us. We will help you find an attorney in your area who will look out for your best interest. What’s interesting about these cases and great for consumers is that it costs nothing up front to get an attorney to take on your case. All the lawyers we recommend handle these matters on a contingency basis.  If they win the case the Judge will order the debt collector to pay your lawyer fees.

When You First Meet With An Illinois Lawyer

Most people come to us looking for an Illinois attorney referral. We also offer free legal guidance from our attorneys and will talk to you about just any legal matter.

One recent called was meeting with an attorney she had found on her own and was very nervous about it.  She had never met with an attorney before and wanted advice on what would happen, what to bring, what to expect, etc.

Unless the attorney you are meeting is arrogant or a scumbag (in which case you should look elsewhere), going to meet with an attorney shouldn’t be much different than meeting with a teacher or going to the dentist.  The goals are different, but most attorneys are nice people and won’t try to intimidate you.  We are in the customer service business or at least we should be.

In that first meeting or phone call the lawyer will be trying to determine what you want to accomplish if you hire them.  You might not know what’s reasonable or not, but should tell your story so they can understand your situation and ask questions.  I wouldn’t ask yes/no questions, but instead ask questions that require a response. Don’t say, “Have you handled similar cases?”  Do say, “Can you tell me about some of the similar cases you’ve handled?”

As for what you should bring, that will be different in every case.  In most cases it’s nothing.  If it’s a medical malpractice case for example, it would be great if you had the relevant medical records, but it’s more important for them to learn the facts as you know them.

This whole time is a chance for you to evaluate the lawyer and determine if you want to hire them.  Also know that they will be evaluating you.  Are you truthful?  Do you seem cooperative? Can you afford them?  Are you nice to the staff?

If it’s a case you will be paying money for up front, you should get a reasonable fee estimate for the whole case and a written agreement to hire them no matter the type of case.

They don’t have to take you on as a client and you don’t have to hire them.  You probably shouldn’t meet with ten attorneys, but talking to a couple is never a bad idea, at least until you find one that you are comfortable with.

I Hate Ambulance Chasers

I got a call from someone the other day who was upset that her attorney hadn’t called her back since she signed up with him.  She gave me his name, and I looked him up. It turns out this person isn’t a lawyer.  I then referred her to a top Chicago car accident lawyer, and the case is on the right path.

The real story is that the guy who she hired was someone that got a hold of the police report following her accident and called her out of the blue.  This is called being an ambulance chaser, and it’s illegal, as well as unethical, and just plain scummy.  He works for a law firm and likely gets paid per lead.

It’s a big scam, as his firm does a ton of TV advertising, and he uses that as his pitch when he calls these victims.  That firm doesn’t even handle the cases, but instead refers them to another firm.  This woman, and presumably most of their clients, have no idea what’s going on.  When she fired them, this scumbag threatened her and then threatened her new attorney.  It’s all being reported to the proper authorities and hopefully these guys get busted.

I hate ambulance chasers.  They prey upon victims of accidents and lie to them. They break the law.  They make honest lawyers look bad.

It’s competitive to get good cases, but that is no excuse for breaking the law.  If someone is going to call you out of the blue to try and get you to hire them, they know what they are doing is wrong.  They may justify it in their head some way, but facts are facts, it’s illegal.  If they’d break the law to get your case, they’d just as easily sell you out.

The good news is that their are tons of honest lawyers out there who will truly fight for you and do it the right way. They won’t make false promises about how much they are going to get for you and they won’t show up at your door step or hospital bed.  In the long run, an ethical, experienced attorney who gets cases the right way will get more money for you and do a better job.

Injured Working For The Railroad In Illinois? FELA Law

Railroad injuries are handled entirely differently than other on the job injuries in Illinois, starting with who handles them. Typically, with on the job injuries, workers compensation will kick in to cover the employees medical and other expenses after an injury. However, railroad workers are covered under FELA. The Federal Employers Liability Act, also known as FELA was established to serve those who have been injured while working on the railroads. FELA protects not only those who work on the trains, but also those whose employer is a railroad company.

FELA is unlike workers comp in the way claims are handled. In a normal workers compensation case, fault of the employer’s negligence doesn’t need to be established. However in FELA claims, it does. This means an employee of a railroad company must show neglect which resulted in the injury.

There are several types of injuries which could be covered by FELA, from broken bones to carpel tunnel syndrome to obstructive pulmonary diseases all could be addressed as on the job injuries. FELA will provide compensation to an injured worker in the form of both future and past loss wages, any and all medical treatment involved with the injury, and past and future pain and suffering to include mental distress depending on the circumstances.

Unlike regular workers’ compensation claims, FELA cases are often worth hundreds of thousands of dollars or potentially millions.  That all of course depends on the severity of the injury, but often railroad workers are catastrophically injured.

FELA imposes a 3 year statute of limitations for lawsuits. However a competent attorney will be able to calculate these dates for you and help you along in the process to make sure you get the highest compensation possible.  Many attorneys dabble in this area, but very few have an amazing track record.  We know who those lawyers are and are happy to connect you with them. Please contact us to help you find an attorney in your area.  We are Chicago based attorneys who cover all of Illinois and can be reached at (800) 517-1614.  Our service is free and every call is confidential.

Can You Record A Police Officer In Illinois?

Recording a police officer is illegal, right? Not anymore. According to an amended Illinois law 720 ILCS 5/14-1, citizens now have the right to record any police officer without their consent. Apparently this amendment is a step in a good direction, however there are some areas that citizens need to be aware of before they decide to video tape that traffic stop.

One of the exceptions to the legality of recording a police interaction is called the surreptitious exception. This means you may not secretly record the interaction. The issue with this exception is that typically if someone is aware you are recording them, they will probably change their behavior.

The other exception is called the reasonable expectation of privacy. This is hard to prove for the simple reason that it is very hard to imagine a police officer would expect privacy during any interactions with a citizen.

One of the steps backwards with this amendment is that it allows for officials to be able to eavesdrop on private conversations and use them without a warrant. One of the steps forward is citizens who are found guilty of recording a police officer will now have less of a penalty.

Before you decide to record any police interaction under this newly amended law, make sure you are aware exactly what your rights are and what the penalties may be. This will save you from being the guinea pig in legal action that has not yet come under the scrutiny of the courts.

Illinois Divorce When You Don’t Want A Divorce

I had a pretty sad call the other day. It was from a woman who was looking for help with a divorce. She’s been married for 40 years and loves her husband dearly. He loves her too.

She doesn’t want a divorce and neither does he. Unfortunately she works and he is very ill. They applied for aid from the State of Illinois and were denied because she makes too much money. Essentially her income is being held against him.

So they are facing a choice. Get divorced and lose their best friend or stay married and watch your best friend suffer.

They were thinking about a divorce, but not a real divorce. They thought that they could get the benefits he needs, get a divorce and keep living together as they have for the last 40 blissful years.

Unfortunately, as I advised them, this would be considered a sham divorce and against the law. When you say you are getting divorced and go through with it only to obtain public aid benefits, you are essentially defrauding the Government.

This call was heart breaking because these are not criminals and they want to do the right thing. They did not realize that a divorce would mean selling the house or one spouse buying out the other. Didn’t realize they’d have to have separate bank accounts. They didn’t realize that they couldn’t live together as a husband and wife do.

Most of all they didn’t know this was a crime that theoretically could result in jail time and almost certainly, if they got caught, would require them to pay back all of the benefits plus a fine. In other words they could lose their home.

They appreciated our candor and directness which is how we talk to everyone who calls us. As we left it they were weighing their options, but the wife was leaning toward a real divorce because it pains her more than anything to see her husband suffer, even if that means being apart.

I would NEVER encourage a caller or client to break the law and didn’t here either. But it is a tragedy that they have to consider this option at all. If they stay together there is no guarantee they will get caught and if they did it would likely be from a nosy neighbor or a state aid worker who checked up on them. Either way they’d have to essentially be looking over their shoulders at all times. That’s not a way to live.

If there ever was a law or rule that needs to be changed, this is it. As lawyers we don’t make laws, we just deal with what they are and try to fight as hard as we can for our clients. There’s no fight in this case, just the hope that good people with an amazing marriage don’t get screwed over by our Government.

How Easy Is It To Win A Medical Malpractice Lawsuit in Chicago?

It’s a question most clients ask when they are in the beginning stages of deciding whether to file a medical malpractice lawsuit in Chicago. How easy will it be to win the case? The answer is simple, it is not easy at all. Cook County, Illinois has a reputation of being Plaintiff friendly, which means the person filing the case, would be predisposed to winning. However, the doctors who are being sued win 80% of the cases that make it to trial.

Don’t get us wrong. We investigate over 100 cases every month and LOVE to help people who have been injured due to medical negligence. We’d love to help you and we have a great track record of success. We are also honest and want to be clear that these cases are not easy.

Bringing a medical malpractice lawsuit to trial is a very expensive undertaking. In most situations, if an attorney decides to take on a case he or she will incur all of the costs during the trial, and receive payment from an award given to the patient. Some cases cost over $100 thousand dollars to litigate after investigators and specialists prove the malpractice. Hundreds of hours of work go into the beginning stages of any medical malpractice case and attorneys typically don’t work for free.

Other big issues in winning medical malpractice cases are sometimes people confuse a customer service issue with a malpractice issue, and sometimes the end result is simply a risk taken for medical services. For instance, if someone is in an emergency situation and needs to be intubated on the spot, one risk is damage to the vocal cords. The person may have permanent damage, or may just have difficulties talking for the next few days. This person typically would not have a case for medical malpractice simply because the doctor intubated him or her because of the basic risks of the procedure. If a doctor is unkind during an exam with regards to prescription meds, and refuses to refill the prescription typically the patient would not have a medical malpractice case because no catastrophic and life changing effects would come from not refilling the prescription.

The burden of proof falls into the standard of care given to the patient. Sometimes people feel as though the doctor could have done more, or should have known circumstances; that doesn’t mean the standard of care was less than acceptable.

The other burden of proof is catastrophic injury or even death. What could of happened doesn’t count in a medical malpractice case. Take for instance a patient who went in to have her gall bladder removed. The surgeon missed a few gallstones that passed into the bile duct and later blocked the bile duct. This can cause extreme pain, and could even be life threatening. If the doctor caught the issue and treated it, and she made a full and complete recovery, there is no catastrophic damage – there is no medical malpractice case.

Attorneys will take great care in assessing your personal situation before taking on any medical malpractice case for all of these reasons. No one wants a patient to be injured or things made to be worse than they are in any medical situation, no one wants to have the consequences needed to be successful with a medical malpractice lawsuit.
For more information on medical malpractice and your personal situation, please call us for a free consultation.

Free Case Review
From Our Attorneys

Archives