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My grandmother was a wonderful woman who as she got older tended to repeat herself a lot. That was alright with me because she was adorable and mostly repeated things that made her laugh. Often this involved sayings that included her favorite, “It takes two to tango!”

I think of her and this saying every time someone calls me and wants a divorce lawyer referral to someone that knows about the mediation process or simply wants to do a collaborative divorce where they figure things out with the help of a mediator.

I’m a big fan of the mediation process and in fact I used to be a licensed mediator. Whenever my kids are acting up I try to use mediation tactics to diffuse the situation.

But my grandma was right, it does take two to tango. If you want to mediate and your spouse does not or is not giving it a good faith effort, then mediation is a waste of time.  It only works well when two people want to use mediation to come to a resolution or at least try to.  I did a ton of mediations back in the day where it was obvious that one party didn’t want to be there (often a Judge made them) and like a child throwing a tantrum, nothing I could say would turn around their behavior.

On the flip side, if you both can mediate in good faith it can save you a lot of money on lawyer fees.  That said, you’d be crazy not to have a lawyer in your corner either at the mediation or at least before and after to make sure of two things: 1. That you are talking about every issue that needs to be talked about.  You don’t want to settle a case and then end up back in court because you didn’t agree on what religion a child would be raised for example or because you didn’t divide up a pension. 2. That you aren’t screwing yourself over by agreeing to things that would never happen if you went to court such as not getting any child support if you are the primary custodian of the kids or having your parental rights terminated.

Those things can happen if you really want them to, but most attorneys would never advise it.  Getting a lawyer involved is about educating yourself and covering your backside. If you make a mistake it will cost way more in the long run if you have to go to court to try and fix it.

In general though while divorce sucks and nobody likes the process, if it can be amicable, that’s the best way to do it.  But there’s a big difference between “we both want to get divorced” and “we can work together to solve EVERY issue that needs to be solved.”  It’s great if you can use a mediator, but there’s no shame if you can’t.

We represent and help a lot of people who have been injured in car accidents via our state wide network of Illinois attorneys.  One of the crazy truths about these lawsuits is that you can have the worst injury imaginable or even death, but if you weren’t hit by someone with a lot of insurance then you are out of luck.

Take the great comedian/actor Tracy Morgan who suffered massive injuries when the limousine he was riding in was rear-ended by a truck driver who hadn’t slept for 28 hours.  That driver was working for Walmart, so there was essentially an endless amount of insurance coverage.  While the settlement in that case was confidential, you can bet that Morgan and the other victims got millions of dollars to compensate them for their lost wages, pain and suffering and medical bills.  Morgan probably lost out on eight figures worth of work and because he was hit by a defendant that is a huge company, there was no worry about there being enough money to cover all the losses.

On the other hand, had they been hit by a teenager with $20,000.00 in insurance coverage, that is all they would get unless there is an uninsured motorist coverage policy.  Getting hit by a car at any time is usually bad luck, but in these cases getting paid is really just the luck of the draw.

There are other laws which don’t seem to be fair either.  Lets talk about three of them.

The first one I don’t feel that bad about, but if you drive someone to a bank to rob it and sit in the car the whole time, if they murder a teller or anyone else, you can get charged with first degree murder.  The law is essentially that if you agreed to participate in a felony then you are responsible for anything that happens during that felony even if you had nothing to do with it or no knowledge or desire to participate.  You could have been pressured to be “just the driver” and spend the rest of your life in jail.

When it comes to DUI’s, did you know that in Illinois you could choose not to drive because you know you are drunk and instead sleep in the back of your car, but still get a DUI? You could also get one while standing outside the car if you have the keys on you. The law is that if you have control of the vehicle and are drunk, you can be charged.  It’s an absurd law that does not encourage good behavior or smart decision making.  Can you imagine going to jail for a DUI when you were doing nothing but sleeping off your buzz?

A final law that drives me crazy is that child support has nothing to do with the relative incomes of each parent. I could have a court order to pay child support to you and be making $30,000.00 a year.  If you make millions a year and don’t need the little amount that I’m giving you, it won’t matter.  I’d still have to pay unless you choose not to receive it.  I of course think that each parent should have to support their kids, but when incomes vary that much, common sense should prevail.  It doesn’t happen that much, but Judges should be able to look at cases for what they are.

If you have any questions about any of these laws or any others, please don’t hesitate to contact us.    You can talk to one of our lawyer for free and it’s confidential.

Like you, the plethora of daily fantasy sports commercials are making me long for the good old days when I had to change the channel so my young son wouldn’t be subjected to seventeen commercials in a row that lead to him asking me if I’ve ever had a four hour erection.

Draft Kings and Fan Duel are the two big players and advertisers in daily fantasy sports.  They allow you to wager money that you can pick a roster of players that will be better than the roster of someone else and potentially win a lot of money.

If you read what it is, you might say to your self, “Wait, that sounds like gambling, I thought that’s illegal.”  They counter that daily fantasy is a game of skill and isn’t gambling so that makes it legal.  Unfortunately for them, Nevada just became the 12th state to disagree with them and banned their websites in their state.  The Feds are investigating this issue too and it appears just to be a matter of time before they go from billion dollar companies to illegal.  Nevada is saying that these sites need a license to operate in their state which is a laborous and expensive prospect.

Being able to figure out which players are going to perform well in a given game does require some skill as well as a lot of luck. Poker and blackjack also require skill and luck.  If regulators are going to state that daily fantasy is legal then they would also have to say that betting on individual games should be legal because there really isn’t much difference between picking a group of players to perform well and picking one team to beat another.

Don’t get me wrong, I’m all for legalizing all forms of sports gambling. It’s been done for years in Europe and Australia and it’s happening even more so in the States except that it’s done illegally which means the Government doesn’t get to regulate it or make tax money off of it.  That is bad for consumers and bad for tax payers.

But until that happens, the laws are the laws. As attorneys, we can’t help you based on what we think the law should be, we can only tell you what it is.  That’s true whether you are fighting a speeding ticket or trying to run a daily fantasy website.

So I expect that within the next few months these sites will all be shut down. I don’t think it’s a good result other than it leading to us not being bombarded with all of the ads for these services.  But I do think it’s the right result based on how the law is currently written.  If they want these laws changed or you want an unfair law switched, you don’t need a lawyer, you need a lobbyist.

 

In my line of work, I’ve learned not to be bothered by much. There’s no point and acting emotional isn’t a good quality for an attorney.

That said, not much pisses me off more than those people who, as a marketing tool to help insurance companies, talk about how our legal system in Illinois heavily favors plaintiffs and it’s a “Lawsuit Lottery” type environment or that Cook County is a “Judicial Hell Hole.”  They say these things even though statistics show the opposite to be true.  One ranter has the nerve to say that all you need is an injury and a dream to reap millions.

Chicago Lawyer Magazine just posted the highest settlement and trial verdicts from the past year. There were 16 cases where people got $10 million or more as a result of their injuries and the negligence by the defendants.  The following summaries are from the magazine.  I ask you to look at these and tell me which person you’d gladly trade places with to reap the benefits of their lottery results.

Perhaps you’d like to be the proud parents of a new born with permanent brain damage who will never live a normal life. Maybe you’d like to be the man who has burns to most of his body and requires round the clock medical care to stay alive. Perhaps you’d like to become the healthy 31 year old who will never walk again.  Please read on and let me know who you’d trade places with.

  • $34,000,000 – Hoffman v. Joseph T. Ryerson & Son Inc.- Three members of a family suffered serious injuries after their car was rear-ended by a semi-tractor trailer on I-80 near Tipton, Iowa. The driver, a 50-year-old woman was rendered paraplegic.
  • $30,000,000-Karr v. Khalid Badwan, MD – A 46 year old man was rendered paraplegic and requires dialysis after a stapling device caused the blood supply to his spinal cord and lower extremities to be cut off during a surgery to remove a cancerous kidney.
  • $30,000,000 – Confidential – A 29 year old man suffered traumatic brain injury and has permanent cognitive defects after suffering multiple injuries in a plane crash. He was comatose for three months, underwent dozens of surgeries and requires permanent living assistance.
  • $25,250,000 – Patoya Bryant and Sean Cobbs v. United states of America, A newborn suffered brain damage and has cerebral palsy with severe speech and cognitive deficits after doctors at a federally funded clinic failed to deliver the baby in a timely manner.
  • $23,000,000 – Ochoa v. Joseph J. Furlin M.D.- A woman suffered a stroke and is quadriplegic after doctors failed to timely or appropriately treat her high blood pressure and declining platelet level during her labor and delivery. She is ventilator dependent and fed through a G-Tube.
  • $18,850,000 – Alsip v. SNA – A 20 year old University of Dubuque aviation program student died days after suffering severe burns as a passenger in an airplane crash. The locking system on the cabin door of the plane failed and opened during flight, which caused the crash.
  • $15,500,000 – Avalos-Landeros v. United States of America – A newborn suffered permanent brain damage necessitating lifelong care after doctors failed to timely diagnose intrauterine growth restriction on the fetus and induce labor. A C-section was performed 15 days after the IUGR was suspected.
  • $14,000,000 – Burns v. New Bern Transport Corp. – A 47 year old teach sustained a spinal cord injury and suffers spastic quadriparesis, neuropathic pain, weakness and must catherize to urinate after she collided with a semi-truck as it was making a left turn onto Wolf Road.
  • $14,000,000 – McPhillips v. Children’s Memorial Medical Group – A 7 week old infant has cerebral palsy and sustained permanent brain damage after doctors failed to properly give her a paralyzing agent and intubate her for transport to another hospital.
  • $11,850,000 – Confidential – A 35 year old man has permanent ankle deformity, psuedoarthrosis, an inability to walk independently, and mental and emotional injuries after sustaining multiple injuries in a plane crash.
  • $11,000,000 – Scheinman v. Martin’s Bulk Milk Service, Inc. – A 55 year old man suffered severe burns and has permanent cognitive and neurological impairment from head injuries he sustained after his vehicle was rear-ended by a tractor-trailer and burst into flames. He suffered extensive burns to his body and now requires 24-hour care in a residential nursing facility.
  • $10,900,000 – Bush v. Sherman Hospital – A 2 year old boy suffered brain damage after hospital staff failed to treat his bacterial meningitis for nearly nine hours and follow triage protocols and doctors’ orders. At age 8, the boy has the cognitive ability of a toddler.
  • $10,500,000 – Craig, v. Loyola University Medical Center – A 12 year old boy suffered brain damage after staff failed to recognize hypoxia and did not re-intubate him for 25 minutes following surgery for femur fractures. Now at age 22, he suffers from quadriparesis and needs assistance with most daily activities.
  • $10,000,000 – Schmitz JR. v. Little Company of Mary Hospital and Health Care – A 31 year old man was rendered paraplegic after doctors failed to order a CT scan in a timely manner and failed to timely diagnose and treat a spinal infection.

Even the cases that were resolved for less than these amounts were all terrible results that you’d never want to have happen to you or a loved one.  Insurance companies don’t give money away and when they go to trial they win more than they lose.  These eight figure amounts are so rare because most cases do get fought and the truth is it takes a truly catastrophic result and obvious negligence to have this type of a result.

So please don’t buy in to the marketing b.s. and insult these families by calling these results a lottery win.  It’s not a win you would ever want.

 

If you have questions about Illinois injury settlements or need help in finding the best lawyer for your case, please fill out our contact form to the right or call us at (800) 517-1614.

If you have suffered a work injury in Illinois, it might seem ideal to look for the best workers’ compensation lawyer in the state. So how do you go about doing that? The good news is that you don’t need to worry about finding the single “best” attorney because, quite honestly, we don’t believe there is one. The reality is that the lawyer who would be a great fit for you might not be the best choice for the next person. The definition of the “best” workers’ compensation lawyer is very individual.

The main reason people come to us is to help them figure out which lawyer best fits their case. We consider your entire situation, as well as the qualifications of our attorneys, when giving you a referral. If we wouldn’t recommend them to a family member, we won’t recommend them to you.

For a work injury, we believe you need an attorney who focuses their practice on workers’ compensation and handles these claims day in and day out. Sometimes, we recommend focusing the search even more to find someone experienced in your specific type of injury. For example, there are certain attorneys who have had a great deal of success with unique injuries like complex regional pain syndrome (RSD). This doesn’t mean that other attorneys couldn’t get you a good result, but we believe you have a better chance of success with a lawyer who truly understands your injury.

Attorneys develop a reputation based on how they handle their cases. You want a lawyer who only takes legitimate cases, communicates well with clients, stays up to date on changes in the law and only settles cases when it’s in the client’s best interest. An attorney’s reputation also comes from how they interact with other attorneys and the arbitrators (who decide disputes in Illinois workers’ compensation claims). We feel that it is very important that you hire an attorney who regularly appears before the arbitrator assigned to your claim and has a good relationship with them. We have seen lawyers win a case because they knew the arbitrator.

Similarly, if you have a significant injury that will require a career change or prevent you from working ever again, there are certain attorneys we would recommend. Many attorneys could handle your case, but a law firm that has demonstrated success with these cases gives you the best chance for the greatest result. Hiring a law firm that doesn’t know how to value these cases, or isn’t equipped to do what it takes, could mean losing out on hundreds of thousands of dollars.

Our goal is to get you the answers you need and treat you like a family member or friend. If you have any questions about Illinois workers’ compensation law, or if you would like a referral to an Illinois workers’ compensation attorney, please do not hesitate to contact us. All calls and e-mails are 100% confidential.

We talk mostly on our site about Illinois laws and the types of attorneys who recommend.  There are approximately 70,000 active attorneys in Illinois and the ones we recommend are who we think are the best around for your unique situations.  There are plenty of good ones that we don’t recommend as well as we can’t of course know everyone.

However, there are some Illinois lawyers that, even though they may be financially successful, do not conduct themselves in a manner that reflects well upon Illinois lawyers and the legal field in general. Some examples include:

  • Lawyers who prey upon the fears of their clients.
    Seeking legal advice can sometimes be a stressful and intimidating experience. It doesn’t have to be. A good lawyer is a good listener and a good counselor. A good lawyer will not seek out a client to convince them to file a lawsuit that will ultimately only benefit the lawyer. A lawyer who exploits a client’s fears in order to gain money, notoriety, revenge is not a good lawyer.
  • Lawyers who talk down to their clients and fail to answer their clients’ questions.
    If you have a question, you shouldn’t be afraid to ask it and the response should always be respectful and in plain English.
  • Lawyers who don’t return phone calls (either to their clients or opponents).
    Your lawyer should never be too busy to return your phone call. After all, you are the customer. Furthermore, if your lawyer fails to respond to opponents in your case, he puts you and your case in jeopardy. What if the opponent wants to settle? What if the opponent has another offer? What if the opponent has an alternative resolution? A good lawyer returns all phone calls.
  • Lawyers who proclaim to be an expert in all areas of Illinois law.
    If someone claims to be an expert in all areas of Illinois law, walk away. You want a lawyer who specializes in one or two areas of the law and is an expert in those areas. We often say you wouldn’t go to a foot doctor for heart surgery. Similarly, you don’t want a real estate lawyer or, worse, a jack of all trades, representing you in your personal injury case.
  • Lawyers who have their support staff contact the client on important issues rather than call the client themselves.
    It is okay to hear from a lawyer’s paralegals or secretaries from time to time on scheduling matters or organizational logistics. However, on crucial issues, you should be speaking directly with your attorney. You hired the attorney, not his support staff.
  • Lawyers who don’t make it clear to their clients what options are available to them.
    Your lawyer should not be telling you what to do. Rather, your lawyer should explain the options available in your case and make recommendations. Ultimately, you decide on the course of action. If your attorney does not clearly present all of the options available to you, not only is he not doing his job, he is putting you at a major disadvantage.
  • Lawyers who don’t communicate all important developments.
    Your lawyer should keep you abreast of all major developments in your case. You should never be left in the dark. It bears repeating that you are the customer.

Again, these are not the kind of lawyers we will recommend to you. Our goal is to find you an attorney who is the right fit for you and your needs. The only way we can do that is by recommending attorneys who we would also recommend to our own friends and family. No matter your location or questions, if you need any additional guidance call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.

When it comes to awarding custody in an Illinois child custody case, the number one factor is the best interests of the child. This sounds obvious, but these exact words are written into Illinois law. The best interest of the child is always the main concern of the judge. In some cases this means physical safety, where one parent may be abusive, but in many cases it’s deciding which environment would provide the best and most stable home for the child.  It’s assumed by many that the mother will get the kids and the Dad will get almost nothing and that does happen, but it’s not the law.

Instead a Judge looks at the best interests of the child.

So how does the court know what’s in a child’s best interest? The law includes several factors for the court to consider. No one factor is considered most or least important; all will be applied to determine the best interests of the child. The judge has an important job in this respect – each case is different and the factors may have different weight depending on the circumstances. For this very reason, it’s extremely important to have an attorney on your side who knows how these cases usually go, what judges tend to care most about, and how to prove that you are the best person to have custody.

Here is the list of factors that can be taken into consideration by the court in an Illinois child custody case:

  1. the wishes of the child’s parent or parents as to his or her custody
  2. the wishes of the child as to his or her custody
  3. the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest
  4. the child’s adjustment to his home, school and community
  5. the mental and physical health of all individuals involved
  6. the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person
  7. the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person
  8. the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child

If, when examining these criteria, none of the factors clearly point to one parent or the other, the court usually will look to the parent who can provide the most stable environment for the child. If this is how your case will be decided, you will want to make the best argument possible. We believe having the right attorney can make a big difference.  Often the Judge will appoint a Guardian Ad Litem (GAL) to help them make the decision.  Hiring an attorney who knows the GAL’s well can be the difference between winning and losing.

If you have any questions about Illinois child custody and family law, or if would like a referral to a family law attorney, please do not hesitate to contact us. All calls and emails are free and confidential.

See also: Chicago Father’s Rights Attorneys

Illinois has very specific rules for how wills must be prepared. In Illinois, a will must be: (1) in writing; (2) signed by the person making out their will to distribute their estate after their death, called the “testator”; and (3) signed by two witnesses while in the presence (generally the same room) of the testator. Illinois law is also very specific on who can sign as a witness to a will.

A witness must be “competent,” meaning they must be of sound mind at the time they are signing the will as a witness. Each witness must also be who they say they are, to prevent fraud. Finally, neither of the two witnesses signing the will should be financially interested in the will. They should be not be a “beneficiary” or “executor”.

A “beneficiary” is someone who will receive property or money under the will. If a beneficiary signs the will as one of the two required witnesses, he or she will lose either all or part of their gift under the will. However, the beneficiary may still receive his or her gift if they are what is called a “supernumerary” witness. A supernumerary witness is an extra witness–so if three people sign the will as witnesses, and one of them is a beneficiary but the other two are not, the beneficiary can still receive his or her gift under the will. Nevertheless, there is no benefit whatsoever to having a beneficiary sign the will as a witness, and it could cause problems down the road, so it is best to simply never have a beneficiary sign the will as a witness.

The “executor” is the person or company, such as a Bank or law firm, who carries out the collection and distribution of the deceased’s estate, and pays out any of the deceased’s outstanding debts. Under Illinois law, the executor receives a fee for these services to the estate. Unfortunately, if the executor is a person, he or she may not receive a fee for their services to the estate if they signed the will as a witness, unless they are a “supernumerary” witness. As with a beneficiary, however, there is no benefit to having the executor who is a person sign the will as a witness, so it is best if they do not do so. If the executor is a company though, employees of the company may sign as witnesses with no penalties provided that they are not also beneficiaries under the will. For example, if the Bank is named as your executor, and your daughter works at the Bank, she should not sign the will as a witness, but her co-workers can.

These rules regarding beneficiaries and executors do not apply to either your lawyer or your creditors. Your lawyer will still receive legal fees for his or her services to your estate, and your creditors will still get paid any debts that you still owe them upon your death.

The best persons to sign as witnesses to your will are usually your lawyer’s employees. Such persons are likely to be present when you sign your will, so you do not need to make any extra trips. If your lawyer, accountant, or bank or trust company is going to be named as your executor, having their employees sign your will at witnesses does not break any of the witness rules. Just be sure that neither of the two people you have sign your will as witnesses are also named as beneficiaries or individual executors under your will.

These seemingly simple rules for witnessing a will can become very complicated, particularly when friends or relatives offer to help you prepare your will. Therefore, it is best to retain an independent lawyer who can guide you through the process. A simple will can be as cheap as $500.00. If you are looking for a lawyer to assist you with preparing your will or other estate planning documents, please complete our contact us form or call us at (800) 517-1614 and one of our attorneys will point you in the direction.

See also: Can I legally move into my deceased father’s home?

 

I’m always amazed or maybe not at how greedy some people can act.  You see it all of the time with lawyers in Illinois who take on cases that they don’t really have a lot of experience with, but want to make what they think will be a quick buck.  They forget what’s best for their client and instead learn how to handle a case on the back of someone who has come to them for help.  It’s pretty shady.

One area of work where this greed can come through is with real estate agents.  They only get paid if the deal goes through so not all of them are quick to point out flaws in houses that might make a buyer think twice before making a purchase.  And a guilty pleasure of mine is watching the real estate agent shows on Bravo and I find it stunning how often the seller’s agents encourage clients to take an offer only to see the client say no and get much more money through a tough negotiation strategy.

In Illinois, there are a handful of lawyers who are also licensed real estate agents.  I used to be one although I never had an active real estate practice. One issue that came up is these lawyers were getting a commission for a sale going through, but then also getting a fee for reviewing the contract that they helped create and negotiating any issues.

It’s an inherent conflict of interest because it sets up the possibility that a lawyer might not suggest bailing on a deal that could otherwise earn him/her a good commission.

There is a law in Illinois that prevents this dual relationship and the Illinois Appellate Court agreed that it shouldn’t be allowed stating, “The lawyer’s financial interest in receiving the brokerage commission could cloud her independent judgment as a lawyer.”

It’s a basic regulatory safeguard designed to protect people from potential bad actors.  I’m sure that most professionals wouldn’t do the wrong thing, but it’s smart not to set up the possibility that they could do something which could harm you.

My advice to anyone buying a home is to ask their agent to tell you everything wrong with the home that you like.  If they can’t say anything then in my opinion they aren’t doing a good job for you.  You can already look up most listings online without an agent.  They should add some value to you.  If they can’t give blunt opinions then you probably should hire someone else.  And if they want to be your agent and your lawyer, you should run for the hills.

 

 

 

Surprising news for most parents, if your child is being bullied at school, your hands could be tied when it comes to litigation options. Sounds absurd, doesn’t it? If a child is in the school’s care, isn’t it their job to ensure that the child is safe and unharmed from bullies? Not according to the law.

While it might not make commons sense, as a parent you do not have the right to sue the school on behalf of your child because individual states do not the actual duty to protect individuals from mental or physical harm created by a private party. The state is in fact liable for the actions of a private party, but only if it creates or contributes to the danger or makes a citizen more vulnerable to that danger.

In plain English, if the principal is watching your kid get beat up and does nothing about it, but encourages the kids to fight, the school is in trouble.  But if it’s just happening at school, even if the school is aware of it from your complaints, the school isn’t liable.  So your kid could get pummeled into a coma and you might not have a claim.

In a recent case, a young girl in Indiana was ridiculed daily by her peers while the staff of the school stood by the wayside. In this case, the child was not just teased and mocked. She was followed; she had her chair kicked out from under her in the middle of class. She was forced to participate in sports events with broken toes. All the while her teachers joined in the laughing.

So, if a teacher hears about the bullying, and goes so far as to laugh about it, unless she joins in the bullying, she has done nothing wrong in the eyes of the law. If there is no proof that teachers, coaches, and other professionals have done anything to further the bullying, and perhaps have even disciplined the bullies once in a while, that’s called “good enough.” If classmates torture a child for five years throughout elementary school, and all of the educational professionals are aware of the issues, but still do nothing to stop the bullying, same result. No harm/no foul.

Parents put themselves in a very hard situation at that point. If they approach the bullies themselves, they face the consequences of perhaps not being allowed on school property, or worse. What if it is a small-town feel kind of county and as a parent, you tried to protect your child by switching schools. The new school taking a bias to your child right off the bat because they are aware of the constant complaining about the bullying. What do you do?

Again, in the eyes of the law, nothing. Unless you can prove that your child was intentionally treated differently from other kids in a similar situation, unless you can prove the educational staff and professionals actually engaged in the bullying and teasing, unless you can prove that the school was aware of the mistreatment, your hands are legally tied. I’m shaking my head too and don’t understand.

You would think with the big media push on anti-bullying these laws would change. That something would change. You would think in this day and age we wouldn’t still have to be worrying about a bully in our schools wreaking havoc on our children. It still exists. Bullying is an epidemic taking over our schools. Hopefully, a solution will be found soon.  The law as it stands is ridiculous.  But one thing we’ll never do as attorneys is tell you that you have rights that don’t exist just because it’s what you want to hear.

Full disclosure, I’m a soccer nut.  I’ve traveled the world to support the U.S. Men’s and Women’s National Teams and never miss a televised game.  I’m also a dad and a hater of dumb laws that aren’t well thought through.  So while I am soccer crazy and want the U.S. Men to win a World Cup in my lifetime, I have to call out the United States Soccer Federation (“USSF”) for putting in place a mandatory rule that will discourage kids from playing soccer.

Currently there are approximately 3 million youth soccer players aged 5-19, 85% of whom are under the age of 14.  This does not include more than 600,000 who play AYSO, which is pure recreational soccer. The great majority of these players will never play professionally, and having been a youth coach for five plus years, I can tell you that the great majority don’t have that as their goal.  I coached a pretty competitive team last year full of amazing kids, and when I asked them their favorite thing about playing, the runaway winner was “playing with my friends.”

From that list of 3 million youth players, 52% are male, which comes to 1,560,000 players.  According to Wikipedia, there are currently 559 male professional players born in the United States playing somewhere in the world for money.  From that list, there are 26 players from Illinois, four from our neighbor Indiana, two from Iowa and six from Wisconsin.  So your odds of becoming a pro, even if you are a stud player, aren’t that great.  I watch a crazy amount of soccer, and I’ve never heard of any of the six from Wisconsin.  None of them play for major clubs so while they may have aspirations, they aren’t yet making a real living at soccer.

The point I’m trying to make is that while it’s great to strive to be an amazing soccer country, the rules of YOUTH soccer should not be changed to help the .036% that will play professionally, most of whom will not even play for Major League Soccer.

What the USSF wants to do is to group kids by the calendar year in which they were born.  That may not sound like a big deal to you, but currently, the USSF  groups kids by the grade they are in.  The calendar for the current grade-level system runs from August 1 to July 31st which mirrors (or is at least close to) how most schools recommend you place your child in a grade. So a child born October 20, 2005 would currently be a u10 player, as would a child born March 10, 2006.

The way age brackets are currently set up makes sense, because the two kids in my example would likely be in the same grade.  Most youth clubs enroll kids from a relatively small geographic area, and the kids I’ve coached love that they get to play with their classmates and friends from their neighborhood.  It encourages their soccer development because it’s more fun and they may end up playing soccer together at recess.  It also gives them more common ground on the soccer field.  The experiences of a 5th grade elementary student are much different than that of a sixth grade middle school child.  In general, these kids just want to be with their friends.  If they can’t do it in soccer, they’ll do it in basketball, lacrosse, baseball or something else.  Most of these kids, even the amazing players, don’t just play one sport and the USSF shouldn’t motivate them to pick a different sport.

As kids get older, it also makes sense from a practical standpoint to organize by grade.  Once you hit high school, club soccer stops during the high school soccer season.  I’m in favor of that, because only the elite kids should be playing club ball year round at that age and the rest should be encouraged to play for their school.  What will happen with the USSF change to calendar year, is that club teams will be made up of 8th graders and freshman in high school.  The 8th graders won’t have enough teammates to play during the high school season (which is about four months) because you aren’t allowed to do both at the same time.  So what will happen is good players won’t be able to play and develop which is surely against the goal of this reform.

The same problem will happen to older high school seniors.  Anyone who is going to turn 18 before December 31 would be considered a u19 player, whereas before they’d be considered u18. In most places, their former teammates will be off to college or working, so they too will have great challenges when it comes to fielding a complete team.  Many just won’t be able to play.

The goal of this change is to mirror how leagues are run in other countries, as well as to align with how national team age groups are made.  That might work well in another country, but the difference is that in places like Brazil, England, Germany, Spain, etc., soccer is “the sport.”  You don’t make it “the sport” in the United States by forcing kids away from their friends.

I also wouldn’t discount the fact that many kids in the U.S. are signed up for teams not because their parents love soccer, but because they hear that one or more of their kid’s classmates signed up to play. Your social circle as a parent often becomes the parents of the kids who go to school with your kids.  If they learn that their six year old can’t play with their friend, just because they were born in different years, they’ll be more likely to have them do some other sport or activity, especially if they can only make it work via carpooling.

Growing up in Chicago, I was a lousy back up goalkeeper on an amazing team.  My senior year we finished second in the state. The top juggler on our team had a high of around 200 juggles which we all thought was amazing. Now the top nine year old on my son’s team has a high of 700 and there is another kid who can do 400.  Kids today are much more talented than the ones I grew up playing with, and I played against US soccer great Brian McBride, and with and against a bunch of kids who played high level college soccer.

The point from the little juggling tale is that the soccer development for interested kids right now is incredible. I didn’t start playing year round soccer until high school.  Now kids as young as six can play year round.  I used to think that was nuts, but then I met some dance moms and learned about their daughters’ crazy schedules.  American kids now are amazingly more skilled, and thanks to all of the soccer on TV and on the internet, they get to watch incredible players all of the time.  So the foundation has been laid to create some incredible, world class players, and it wouldn’t surprise me at all, if in 10 years, there were more than 1,000 American citizens who played professional soccer.

What the USSF has done well is create competitive academies where the best players can be pushed and thrive.  This, in turn, has lead to great instruction and technical and tactical development.  They are changing the focus from winning to development, and having younger players participate in games with fewer players (e.g., 4v4 instead of 6v6) so they get more opportunities to touch the ball.  I would like to see them also mandate roster sizes so kids get more playing time.

What the USSF has done terribly is change the rules for the sake of the .036% at the expense of the three million who will never play professionally and don’t want to.  This new rule, which will be mandatory by 2017 if it’s not reversed, does not meet the goal of developing better players.  It simply serves to discourage good young athletes and drive them to choose other sports or activities.  It’s no better than a terrible law on child support or anything else.  And if you see a terrible law, you need to speak up before it causes great harm.  According to U.S. Soccer Youth Technical Director, Tab Ramos, this change will help the Federation identify potential players for national teams.  So again, we are going to mess up the experience for almost everyone for the sake of a few. It’s also a cop out as the rule does nothing to identify the strongest players as most of those will be playing up an age group anyway.

In my own life, I have a son who is pretty talented at soccer, although I have no illusions of him going pro and, quite honestly, just want him to love the sport and hopefully play it or something else in high school.  He’s also a strong basketball player and, unlike me, is not destined to be a six-foot power forward.  His two best friends with whom he has played soccer with since they were five, are born in different calendar years. My son was born in 2006, and was told that when this is implemented, he can choose to play with the 2006-born boys or the 2005-born boys since he’s a strong player.  Either way, one of the three amigos will be without the other two.  His two buddies also play hockey and baseball.  It would not surprise me at all if the one who gets left behind focuses on his other sport.

Of course kids can play soccer without their best friends, and one day it might happen anyway.  But why would USSF make that happen sooner than it has to, especially for pre-teens?  It’s a terrible rule which hurts kids, hurts the game and should be reversed.

Generally speaking, attorney’s fees are the responsibility of the executor of the estate. The executor is the person assigned to carry out the terms of the will. The executor usually is authorized to pay the attorneys fees out of the estate before distributing the assets to the beneficiaries.

As for the fee arrangements with the attorneys, there are a few different arrangements in probate matters. Attorneys cannot always predict the complications that might arise throughout the course of the lawsuit. Most probate matters are straight forward without thousands of dollars for attorney’s fees. Quite often the Illinois probate attorneys we suggest will only require clients to pay upfront the court costs and will wait until the probate estate is officially closed before they take a fee.

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A second fee arrangement is a contingency fee arrangement. In a contingency fee arrangement, the client pays nothing unless he or she ‘wins,’ meaning they recover some money or property from the lawsuit. Under a contingency fee arrangement, the attorney advances all the fees and costs incurred by the case, and the client and attorney agree on a percentage of any final award that the attorney will keep if they recover. If the client does recover, the attorney first gets paid his percentage share of the final award (ranging from 20 to 40 percent), and then reimburses the costs and fees which he advanced in pursuit of the client’s claim. If there is no recovery then the attorney receives nothing. It’s a risk/reward proposition.

Although they are a possibility, contingency fee arrangements in probate cases are not very common. They are most common in cases involving a contested estate. We do know some well-qualified attorneys that will consider such cases on a contingency basis, so if this is of interest to you, please call or email us for a referral. Contingent fees are only appropriate in a contested estate case where one party is disputing a will.

Finally, some attorneys will also set a flat fee for the client in probate case. A flat fee is arranged in advance as a “final amount due” based on the attorney’s estimate of how much time and work will be required. As previously mentioned, predicting the life of a probate matter is often very difficult, hence flat fee arrangements are generally reserved for simple probate cases where no contest or complicated assets are involved.

Every probate attorney we recommend will talk to you for free and help you decide what fee arrangement is right for you. If you have any questions or need a recommendation, please do not hesitate to contact us.

We often get e-mailed or called by people who don’t think they can afford a lawyer and wonder if they can represent themselves. The quick answer to that is you could also remove your own appendix, but we don’t recommend that either. In reality though, in some cases it’s fine to represent yourself and in others even if you don’t think you can afford a lawyer you probably can.

If you have a very minor matter like a speeding ticket, you can probably get a good result on your own if it’s a first offense. If you want to file for social security benefits for the first time, you don’t need a lawyer, you just need to file. Preparing your own will or filing your own divorce papers is a little bit trickier. It’s certainly possible to do that on your own, but the more that is at stake, the more you should consider if that’s a good idea. In other words, if you have no kids, no money and no property and have been married for a year, there isn’t much for you to mess up by filing for divorce on your own as long as you are comfortable with your ability to properly fill out the paperwork and appear in court. On the other hand, if you are fighting over custody of a child, a retirement account, property, etc., you could really screw up your case, especially if the other side had an attorney.

For more technically complex cases like a medical malpractice lawsuit, we would be beyond shocked if a non-lawyer could successfully pursue a case without an Illinois malpractice law firm in their corner. In fact, we regrettably saw one case where there was malpractice, but for some reason the plaintiff tried to file his case on his own before seeking a lawyer. He made a mistake with the initial paperwork that barred his case forever.

In malpractice cases along with many others (workers’ compensation, social security appeals, personal injury, some collection cases, some commercial litigation cases) it is possible to have an attorney represent you that will work on a contingency basis which means that they only get paid if they make a recovery for you. In some of these cases, like a car accident, it’s not un-common to see an individual try to negotiate something with the insurance company without a lawyer’s help. The problem with this is not only do many people do things that hurt their case (such as providing a recorded statement), many insurance companies will make a low ball offer that doesn’t come close to fully compensating you, but discourages a lawyer from wanting to come and help out. In plain English, you get the choice of filing a lawsuit yourself or accepting well below what you likely would have received with an attorney.

The other big fear with trying to handle things on your own is that often by doing so you prevent an attorney from being able to help you or you can create a mess that is too big to clean up.

We understand that there are many cases where not having the money to hire a lawyer forces your hand. If you aren’t getting child support and the state won’t help you, it makes sense that you would file a case on your own if you can’t afford what can be expensive attorney’s fees. Just rest assured, if you have doubts as to whether or not you need an attorney or can represent yourself, we are happy to answer those questions. In general know that for most family law cases (divorce, child support, custody, etc.) you do need to pay a lawyer by the hour and it’s usually at least $1,500-$2,500 up front depending on where you live. For most injury cases you can find a law firm that will only get paid if they are successful.

If you are confused or have questions about whether or not an Illinois law firm is needed for your situation, please do not hesitate to contact us at any time.

Legal malpractice cases can be hard to win. One of the obstacles is proving “damages.” Damages is the legal term for the amount you were harmed. In other words, you don’t win a legal malpractice case by just showing that your lawyer made a mistake that made you lose your case; you have to put a price on it. You have to show the court what, exactly, you would have won or what the harm you suffered is worth.

The reason this is difficult is because damages in legal malpractice cases are often speculative. Your case did not go as planned, so you don’t know for sure what you would have gotten in the end. You have to convince the court that had your lawyer handled it correctly, you would have won. Then, you have to prove to the court the amount you would have recovered.

For example, let’s say you were hurt in a car accident and you were suing to recover the cost of your medical bills — $30,000. Your lawyer fails to file your lawsuit by the deadline, and the judge dismisses your case forever. In your malpractice lawsuit against your lawyer, you will have to convince the court that if the lawsuit was filed on time you would have won. Then you have to show how much you would have won. In this case, you were suing for a specific dollar amount based on specific bills. Your damages for the bills can be proved as $30,000.

It gets more complicated if your mishandled case involved something less quantifiable, such as payment for pain and suffering. Let’s say you were suing a doctor for medical malpractice after a botched surgery, and you were seeking $500,000 for pain and suffering. Even if you can prove that you would have won if your lawyer hadn’t messed up, it will be very hard to prove that you would have gotten the $500,000, or any amount for that matter. There are so many ways a case could turn out. Medical malpractice cases are extremely complex, and on top of that, they involve decisions by a judge and jury that are impossible to predict. (Sometimes, a lawyer will send a client a letter saying how much they believe their case is worth. This sometimes helps prove damages in a legal malpractice case against that lawyer.)

Even more difficult is the case where money isn’t involved at all. For example, let’s say you were suing for custody of your children and your lawyer forgot to call a key witness to testify. If you lose the custody case because of this error, you would want to sue your lawyer. But you would have a tough time. Even if you manage to prove that calling the witness would have allowed you to win, your case will likely end there. Proving the next part – damages – is nearly impossible.

Illinois legal malpractice attorneys usually work on a contingency basis which means that they only get paid if they are successful proving the case and the amount they receive is a percentage of the total recovery. If they don’t think that they can prove damages they won’t take the case.

We know this sounds discouraging, but don’t make a decision on your own. If you think you have a legal malpractice case in Illinois, please contact us. It’s important to get advice from an experienced legal malpractice attorney – one that will be upfront and honest about your chances of success. Every case is different, and we’re here to help. We will give you an honest evaluation of your possible case and if we think there is a lawyer for you, we will make a recommendation. Your calls and e-mails are completely confidential.

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You’ll likely get a lot of unsolicited advice if you’re going through a divorce. It can leave you overwhelmed and not knowing what to do. We won’t claim to give you the ultimate secret to a perfect divorce. These things are inherently messy and uncomfortable. But here are a few tips that might help you survive and perhaps get what you want in the end.

– Everything that you and your spouse acquired during your marriage, from the couch you bought to the amount of retirement savings you built up, and even a business your spouse or you started, is considered “marital property.” The law says both spouses are entitled to a portion of any marital property. It usually doesn’t matter whose name is on it or whose salary went to pay for it.

– Child custody and visitation are based on the best interests of the child. This is a legal standard that the judge uses in making any orders on where a child lives, who has decision-making power, etc. Don’t make the mistake of assuming you’ll get what you want because of the status quo. Details matter. Document the quality time you spend with your child or children and what you provide them with on a daily basis. Make the same notes on what your spouse contributes.

– Set goals, and try to focus on the long term. We know you can’t take all of the emotion out of a divorce, but the more you can the better your decisions will be. Think about what you want for yourself and your children in five years, not just in the coming months.

– Hire a good lawyer. We know this seems like obvious advice coming from a bunch of lawyers, but if you don’t have someone to guide you through the process and fight for your goals, you might end up far from where you had hoped. You can’t expect any help from your spouse’s lawyer or the judge, so it’s really a risk to handle things on your own or with a lawyer who doesn’t have the experience to get things done.

– If your divorce is messy, don’t take any advice from your spouse. And don’t let them get you into a state of mind where you are fearful that you’ll lose everything. Don’t let threats get to you. Getting support from family and friends is important, but only take legal advice from your lawyer.

If you have questions about any of this or want an attorney referral, call us at (312) 346-5320 for a confidential, free, consultation with one of our staff attorneys.

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A caller to my office last November was seeking “the best Chicago medical malpractice law firm.”  There’s no such thing, but there are a handful of elite ones and I connected him with one of those.  He saw their website and incredible track record of success and was impressed by them.

He called me the other day very frustrated.  It had been six months and the firm I referred him to had not yet completed their investigation.  In his mind, he felt as if they didn’t think that he had a case.  It shouldn’t take this long he reasoned.

I explained to him that this was not only normal, but that it would be odd if he had heard something by now.

Illinois medical malpractice lawsuits are marathons, not sprints.  It takes a long time to gather every relevant medical record.  Once you do that, most firms we recommend have an in house team (often of nurses or doctors) who take an initial review of the records.  They then determine if the case should be referred out to an expert for review.

Experts are usually doctors in the same field of medicine that the malpractice involves.  In some cases you might need more than one expert because lots of mistakes happened.  Or it could be because we don’t know which medical provider (if any) was negligent.

These experts serve as witnesses and you can’t file a lawsuit until one of them says that you have a case. They are extremely important so your lawyer, if they are doing their job, will find a good one.

The problem is that the best ones are in high demand and also have very busy medical practices.  So if you send them records to review on May 1, it might not be for a few months until they actually get to them.

So in general it takes 6-18 months to really pull a case together.  This is why it’s so important to find a good law firm as soon as you suspect that negligence has occurred.  Malpractice lawsuits are nothing like a car accident where you can file a lawsuit the next day.  The need for an expert serves as a safety net for making sure that frivolous lawsuits aren’t filed, but it also makes these cases take a long time.

Even once you have an expert, in most cases the case has only just begun.  Going to trial takes a lot of time and it’s not unusual for it to be years before you get in to court.  The more complex the case or the more defendants that there are, the longer it will take.  Our firm was recently involved in a case that was started in 2004 and settled this year.  That’s a really long time and not normal, but it can happen.

This can be frustrating and I get that.  But the long term goal is making sure justice happens and that we prevent this type of negligence from happening to someone else.  If the case is rushed or handled by the wrong firm, it will go nowhere.  So be patient and know that if it’s taking a long time, it’s unfortunately the way these cases work.

There are a limited number of locations in the state of Illinois for disputes involving work injury claims. One of these locations, called a hearing site, is in Wheaton in DuPage County. The address is 421 N. County Farm Road, which is the DuPage County Government Center. Your hearing location is where your case will be heard and where you will go if there are hearings or status conferences for your workers’ compensation claim.

We know all of this can be overwhelming when you’re focused on your injury and trying to get better. When you call our office, we will talk to you about hearing sites, arbitrators and anything else you need to know. If you need a referral to one of the workers’ compensation attorneys we work with, we will gladly recommend the person we believe is best for your particular case. There is no charge for our service.

Work injury claims are handled by arbitrators, who are like judges in that they monitor the progress of cases and make decisions when there are disputes. The other reason hearing sites are important is because we recommend that you hire an Illinois workers’ compensation attorney who is familiar with the specific arbitrator assigned to your claim. If your lawyer has a good reputation and a working relationship with the arbitrator, it can help you out. It doesn’t guarantee a result, but we believe hiring the right attorney puts you on the right path.

All Illinois workers’ compensation claims first get filed with the Illinois Workers’ Compensation Commission in Chicago. From there, claims are assigned to an arbitrator at a specific hearing location. To know for sure whether your claim will be heard in DuPage County, take a look at the list of cities below. Your claim will be assigned to the Wheaton hearing site if:

  1. You get hurt in one of the cities listed below. Even if your office is in Chicago or another state, if you are hurt in one of these cities you can pursue benefits in Illinois and will have your have your claim heard in DuPage County.
  2. You were physically hired in one of the cities below, but hurt in another state. For example you could be offered a job while interviewing in Naperville, but then transfer with your company to Milwaukee. If you had a job accident in Milwaukee you could still pursue benefits in Illinois even if you haven’t been here for years.
  3. If your employment is principally located at one of the cities below, but you get hurt out of state, you can still seek workers’ compensation benefits in Illinois and the hearing site would be Wheaton.

There are three arbitrators who hear disputes at the Wheaton hearing site. These arbitrators are Chicago arbitrators who are assigned to hear cases in Wheaton. The arbitrator you get is randomly selected after you file your Application for Adjustment of Claim, which is an official claim for benefits. It’s helpful to your case if your law firm knows the Arbitrator assigned to your case.

This can be confusing, frustrating and scary. That’s ok, we are here to help.  If you have general questions or would like us to refer you to a DuPage County work injury law firm please click the contact us button at the top of the page.  All inquiries are free and confidential.

While most criminal charges in Illinois are filed in state courts, some crimes are prosecuted in federal courts, including white-collar crimes, some drug cases, and violations of federal law. Although the basics are the same, federal court operates a bit differently, with unique rules for motions, hearings, and timelines.

In order to be successful in defending federal charges, we believe you need someone who has years of experience and understands how to evaluate and defend federal criminal cases. In other words, just because a lawyer is great at defending cases in Illinois state criminal courts does not mean they are the right lawyer to defend a federal criminal charge in one of the Illinois federal crime districts.

We are a lawyer referral service dedicated to helping people find a lawyer who is a great fit. Federal charges can be serious and we know that you want a referral you can count on. When you give us a call, we will talk to you about your situation and recommend the Illinois lawyer who we believe can best handle your defense.

When recommending an attorney, we consider their background, reputation, experience, advocacy skills, personality, customer service, and anything else that is important to you. We know some of the most experienced and successful attorneys and law firms in Illinois with practices focused on federal criminal defense work. While we cannot guarantee a certain result, we can ensure that your case is evaluated and handled by an incredibly qualified attorney.

Federal experience isn’t the only characteristic we look for when recommending an attorney. Here are some other qualifications we think are important:

  • They have at least ten years of experience representing federal criminal defendants.
  • They have represented at least 100 clients in federal criminal matters.
  • They are usually former federal prosecutors, federal public defenders or have been doing federal criminal defense for so long that they have established relationships with current prosecutors and judges.
  • They have extensive knowledge of the intricacies of the federal court system.
  • They have a strong reputation in the legal community for federal criminal defense work.
  • They have demonstrated success measured in results on previous cases.
  • They keep their clients informed of all important developments, plea offers, and evidentiary discoveries in the case.
  • They treat their clients with respect and promptly return all phone calls and e-mails.

There is no such thing as the “best” federal criminal defense attorney. Instead, we try to help you locate the best federal criminal defense attorney for your unique case. If you have any questions about federal criminal laws or would like a referral to an experienced federal criminal defense attorney in Illinois, please do not hesitate to contact us. Our service is always free.

See also: Federal crimes and possible penalties

 

The purpose of probate law is to administer a decedent’s estate, with the objective of resolving claims and properly distributing assets. Probate law is complex and retaining an experienced Illinois probate attorney to assist you with conflicts increases your chance of successful resolution. Probate lawyers handle a variety of issues related to inheritance and property of deceased individuals. They deal with the legal process of validation of wills, the organization of the assets of the deceased, and ensure all the debts and taxes of the deceased are paid.

There is no one firm that is best for every situation. Instead we think you need to consider the unique facts of your case. We have several guidelines and characteristics we look for in Illinois probate attorneys before we recommend them to you.

We think any lawyer you hire should have at least 7 to 10 years of probate experience. Most of the attorneys we suggest have been licensed to practice law for over 20 years. That doesn’t mean that a younger attorney couldn’t successfully do the job. Rather we believe that a more seasoned lawyer will have seen every possible issue that could come up in your case. The last thing you want to do is hire a lawyer who gets surprised because some issue comes up that they have never handled before.

In addition to regularly handling probate matters, the attorneys we recommend also know enough about other related legal fields. Probate cases often overlap other areas, such as real estate, taxes, finance, and estate planning. An attorney with experience and knowledge of real estate transactions, tax liabilities and laws, and estate planning has the additional skills needed to craft effective case strategies. For example, if the decedent had extensive real estate holdings, the lawyer should also know something about real property law.

A good attorney, no matter what area of law he or she focuses in, treats their client with the utmost respect and courtesy. Your probate attorney should consider the best needs of the client when making any decision or recommendation. That is why we recommend attorneys that communicate well with their clients.

With probate, especially if you are dealing with a contested will, we highly recommend that the attorney you hire regularly appears in the court where the case will be heard. This is harder to provide downstate, but for Cook County probate cases the attorneys will typically be in Chicago because that is the only location for hearings in the area. If the attorney you are thinking about hiring is in the suburbs on a Cook County case, it’s a sign that they might not do a ton of this work. If they did they’d be commuting every day which would disrupt their practice.

Above all, any attorney you hire should treat you with respect, answer your questions, provide monthly billing statements and work to meet your goals in a timely fashion. Some law firms are great on handling the case, but if they don’t provide customer service the client won’t be happy. Your choices are usually not limited so you can and should demand good service.

We often get calls from people who want the “best probate lawyer” in Illinois. In reality, there is no such thing as the “best” lawyer in Illinois, however there is such thing as the best lawyer in Illinois for your situation. The probate process in Illinois can be complex and confusing. If you have any questions or would like a referral to a qualified and experienced Illinois probate attorney, please contact us.  It’s always free and confidential.

One of the most invasive surgeries you can have is a lumbar (back) or cervical (neck) fusion.  It involves a severely injured disc that is repaired by literally putting hardware in to your body.  While you can live a productive life after (Peyton Manning has had a cervical fusion) it’s a long road to recovery and you need your nerves to re-generate.

These surgeries are complicated and often fail.  Usually when they don’t work out it’s because of outside factors including bad luck.  If you smoke that can limit your ability to recover.

But every now and then we’ll get a call from someone who had a fusion and didn’t make a good recovery and it’s discovered that it’s because the screws that are put in to place are hitting the nerves in the patient’s back or neck.  This can lead to many problems including failed back syndrome.

If this happens and the problem is not caught and corrected (with a new surgery) quickly enough, permanent nerve damage can occur.  The technical term is hardware nerve impingement. This unfortunately means a lifetime of pain and diminished abilities. You can lose your ability to walk, have sexual relations, control your bowel movements and tremendous pain.

When these surgeries take place, your doctor is supposed to use special care and caution to make sure that this does not happen. After the surgery takes place, x-rays and MRI’s can tell if an error took place.

If this error does happen and is not corrected, it may be a medical malpractice lawsuit in Illinois.  It’s estimated that about 1 in 500 screws do get misplaced and of those, most are only off by a millimeter or two.  But 5-10% of those badly placed screws cause serious damage and those are the cases that need to be investigated.

If this has happened to you, we’d be interested in talking with you and connecting you with one of the attorneys in our state wide network.  These are complex cases and very few firms have a real track record of success with them.  There is no fee to talk to our staff of attorneys and every lawyer we recommend works on a contingency basis which means you never have to pay a penny unless the case is successful.

But most importantly, getting the right law firm in your corner can be the difference between winning and losing a case and giving yourself a chance at getting your life back.  We want to help you and are happy to talk to you at any time about any situation.

 

 

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