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I have a couple of kids who are old enough to know better now, but when they were young they’d put anything and everything in their mouths.

My kids were normal babies.  It makes sense that young ones are curious about the world and want to feel and taste things.  Sometimes it’s gross, but it does make sense.

Because kids are curious, some will even eat paint chips that have peeled off of the wall or other places. It’s not healthy for them and it it’s an old building with lead paint, it’s really dangerous.

We’ve been involved in numerous lawsuits in the last few years as a result of kids who have ingested lead paint.  Most of these cases are from living in older buildings in Chicago, but we will pursue these cases anywhere in Illinois.  There is never a fee unless we are successful.  Older buildings are usually the culprit because lead based paint was banned in the United States in 1978 so newer dwellings don’t have this risk.

Lead poisoning is easily diagnosed by a blood test and happens after a child is displaying symptoms which can include headaches, personality changes, a metal taste in their mouth, balance issues and digestive problems.  It can take weeks or months for symptoms to show up and they can actually come and go.

In the worst case scenarios a child can have excessive vomiting, seizures, end up in a coma and in rare instances lead poisoning can result in death.  Other problems can include learning disabilities, stunting of growth and loss of hearing.  Bottom line is that it’s important to get medical attention as soon as possible.  The good news is that lead can be removed from the body in most instances.

While medical attention of course comes first, getting legal help is important too.  That is the only way to prevent these injuries from happening to others in the future and of course it can get the victim compensation for their pain and suffering as well as payment of their medical bills which can be excessive depending on how severe the problem is.

If you have questions about whether or not you have a lead poisoning lawsuit, we’d be happy to talk to you.  All calls are free and confidential and there is never a fee unless we win the case.

Blinkgla

I’m a big fan of the book “Blink” and what it teaches about snap judgments.  Sometimes our initial impressions are right on, sometimes our snap judgments reflect our inner-biases even when that snap judgment is dead wrong.  The best example from the book is how orchestras used to have auditions where you could see the musician and know their name, resulting in a male to female ratio of about 19 to 1.  They now do blind auditions where you only hear them play the instrument.  As a result the ratio is now close to 50-50 and women who before couldn’t get a shot at traditional “male” instruments now can.

So what does that have to do with defending a criminal case in Illinois?  I was called for jury duty yesterday for the first time in my life.  On a daily basis I help people find Illinois criminal defense attorneys and have seen hundreds of innocent people get charged with felonies or misdemeanors.  The jury I was considered for (I didn’t get picked because no one wants a lawyer on a jury) was regarding a felony burglary trial.  The defendant was dressed kind of sloppily and had a mohawk that led to somewhat of a menacing look.  My snap judgment was that this guy must be guilty.  Of course you can’t reach that conclusion without hearing the evidence and I know nothing about his case.

All that said, I think his attorney did a poor job preparing him for the jury selection (or tried and failed) because those snap judgments of what someone looks like do matter.  I caught many potential jurors just staring at him and while I don’t know what they were thinking, it’s reasonable to guess that they were a tad skeptical of him already.

Some have proposed that trials don’t allow for any live testimony, but rather actors who would read the answers to questions of a witness or the accused.  While I see the merits of that, after being a part of hundreds of trials and depositions, I do think you can tell how sure someone is of an answer they are giving based on their response.  However, I wonder if the disparity between blacks and whites being convicted of certain crimes would change.  I also wonder if some innocent people would get convicted.  It’s certainly worth studying.

For you, if you are a criminal defendant, think about the first impression you are making on the prosecutor, Judge and jury.  It shouldn’t change the outcome of a case, but surely it does all of the time.

Since 2001, illinoislawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

A lawsuit was filed today on behalf of a group of exotic dancers just outside the Peoria area at a club called “Club Cabaret.”  The suit is hoping to get class action status for violations of the Fair Labor Standards Act (FLSA).

In plain English, it’s a lawsuit about wrongly calling the girls independent contractors and failing to pay minimum wage.  I suspect the scheme downstate is happening to strippers in Chicago and I know it happens to all sort of other employees.

The suit got attention in the papers because it’s about strippers, but it really is a common scam to avoid paying payroll taxes or workers.  Screwing the Government and your employees.  Talk about a two for one special!

In this case, the suit states that dancers had to pay a “house fee” to dance, were told when they could perform, how to perform and what to wear.  They were fined if they chewed gum.  They were limited in what they could charge for a dance.

If you read the last paragraph, does any of that sound like an independent contractor to you? It doesn’t to me either and if it’s true, these girls have a great case.  In fact, similar cases have been won throughout the country.  If they were truly independent contractors they’d certainly be able to set their own schedule and dictate their costs.

The technical legal term is “mis-classifying” your employees.  When that happens the employer is liable and typically has to pay your attorney fees.

We’ve helped employees in all sort of businesses throughout Illinois with these types of cases.  If you feel you’ve been mis-classified, we’d be happy to talk to you, especially if your pay is being suppressed as a result.

Most people just want an honest days pay for an honest days work.  To lie in order to screw someone over is pathetic and we love stopping them from doing it.

If you’d like our help or just have questions, call us at (312) 346-5320 or fill out our contact form.  We help all over Illinois and there is never a charge to talk with us.

 

With Bruce Jenner and others in the news lately, a hot topic in Illinois law has been transgenders and laws that apply to them.

In Illinois, if you are transgender and get harassed, you do have protections.  We’ve been involved in lawsuits for those harassed while working for example.  One area where this comes up is in using the bathroom.

Medical experts have stated that it’s very important to the health of a transgender person to be able to use the bathroom of the sex that they identify with.   So if you are female but identify as a male, you should be able to use the male bathroom.  This is true whether or not you’ve had genital surgery.

It’s also irrelevant if you don’t “look” like a member of the opposite sex.  There is no law requiring you to look feminine or masculine in any way.  It would be discrimination to set standards like this.

If you do try to use the bathroom and get harassed or have any other harassment from your gender identity, we do have some advice:

1. Stay calm. It’s best for your safety and you don’t want to create a reason that could cause your termination. This of course is easier said than done.

2. Report what happened to a supervisor or owner. Let them know that you are using this specific bathroom because it’s the gender you identify with.

3. If problems still exist or you are retaliated against, call us and we’ll help you find an attorney in Illinois who has experience with these cases.

People are still being educated about transgenders and it’s not uncommon for other co-workers to complain if a transgender person is using their bathroom.  They are legally allowed to feel uncomfortable and complain.  What the employer should do is accommodate them with an individual restroom.  It’s not up to the transgender person to do the accommodating.

This is a new and evolving area of law in Illinois.  Very few law firms have real experience with these issues.  That’s why we exist as we know which firms have niche experience. If you have questions or want our help you can speak with one of our attorneys for free at (312) 346-5320.

 

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Medical malpractice lawsuits can be tough cases, but when a doctor or other health care professional seriously injures a patient, we believe in doing everything we can to hold that person or entity responsible. As a client, there is much that is in your hands, especially at the start of a case. It is up to you to help your attorney gather all the relevant information – information that will help prove, and win, your case.

We are surprised at the number of cases that fizzle out because of a delay in getting medical records, for example. Until the medical records of the patient are gathered and reviewed, there isn’t much an attorney can do to investigate and build your case.

If you, or a loved one, have been injured as a result of medical malpractice, legal strategy probably isn’t the first thing on your mind. Nor should it be. But quick action on the front end of a case helps preserve important evidence. Your lawyer will do most of the work, of course, but your chances of success are better if you think of it as a team effort.

Another tough issue is getting an autopsy if there has been a death. Like medical records, an autopsy report is crucial to a medical malpractice case. If you can’t prove the cause of death, then you will have trouble showing that it was the defendant’s fault.

If you suspect you might have a medical malpractice case, talk to an experienced attorney as soon as possible. These cases are handled on a contingency fee basis, which means that your lawyer only earns a fee if you win or settle your case. There’s nothing to lose by looking into it, especially since delay can hurt you. A consultation is confidential and shouldn’t cost anything.

Next, if you intend to pursue your case, don’t lose momentum. Request your medical records from any relevant providers. It can take six months to prepare a medical malpractice case, so the sooner you do this the better. Your attorney should then consult with a medical expert who will determine whether you have a good case for malpractice.

These are all tough decisions to make, especially if you are injured or caring for a sick spouse or child at the same time, or if you have recently lost a loved one. The compensation you seek in a medical malpractice lawsuit is based on how your life has been affected by the alleged malpractice. It’s meant to help you pay medical bills, get financial support for loss of income and additional compensation for future losses.

These cases can be tough to win, but if you put off the initial work required, it will be even tougher. You don’t have to do it alone. Your attorney is there to support you. If you have questions about a potential medical malpractice case, give us a call and we can help you get started.

Sofia-Vergara-afp

There have been a ton of articles in the news about actress/model/great accent, Sofia Vergara.  She was engaged to a man a couple of years ago and they tried twice, unsuccessfully, to have a baby. They froze some embryos that were injected with her ex-fiance’s sperm in case they wanted to try again.

They broke up and like any sensible human, Gloria, I mean Sofia did not want to become a parent with a man whom she had no relationship with anymore.

The ex fiance for some reason wants to be a parent so badly that he’s claiming a right to these frozen embryos so they can be implanted in a surrogate and hopefully lead to him and Vergara becoming parents together.

Why he would want to do this is really anyone’s guess.  If he wants to be a Dad there are a ton of better ways including getting in to a new, loving relationship, finding a different egg donor or adoption.  I’m sure the fact that Vergara is reportedly worth in the nine figures has nothing to do with his attempts to keep these eggs.

He’s lost so far and the reason is that Vegara was smart enough to put a contract together that determined control of these embryos.  Specifically it states that they both must consent in order for the embryos to be implanted.  Sounds like a common sense contract as it requires two consenting adults, much like sex.

But even if the contract didn’t make sense, the important part is that it’s a contract which they both agreed to.  The ex might think this a bad deal or unfair, but it’s no different than if you sign a contract to buy a car and a week later wish you hadn’t done so.

A contract is a contract.  This is why we always encourage people to put things in writing.

On “Modern Family”, Vergara doesn’t play the brightest woman.  But in real life she’s clearly a legal genius.  And it doesn’t take much to achieve that status.  Just the guts and sense to not act on emotions or be afraid of confrontation, but instead have the willingness to put things in writing.

In your life, if you are going to loan someone money and want to get paid back, put it in writing. If you hire someone to do work for you or are doing work for someone else, the terms are only clear and enforceable if they are on paper.   If it’s not in writing then it’s a he said/she said game in the courts which costs time, money and leaves you with an uncertain result.

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Parents have a financial obligation to support their children when they are minors. Court-ordered child support almost always continues until the age of 18. However, there are some circumstances in which a child might need continued support beyond the age of majority.

Illinois law allows a court to order parents to support their children past the age of 18. A parent seeking this type of support – called non-minor support – can petition the court and make a formal request. Child support that is extended or awarded beyond age 18 is decided on a case-by-case basis, but the law mentions a few specific scenarios.

The first is when a child turns 18 while still in high school. If this is the case, the law allows support to continue until graduation or until the child turns 19. Even though the child is technically not a minor, he or she is likely living the same life they were at 17 and is in need of the same support from his or her parents until graduation. Don’t assume, however, that your child support order covers this post-majority time period unless specifically stated.

A second justification for non-minor support is for a physically or mentally disabled child. In these cases, support can continue indefinitely. This is for children who are not emancipated. If you want support for a non-minor disabled child, you can petition the court any time, even after their 18th birthday.

And finally, a very common basis for non-minor support is educational expenses to pay for college. When a child is headed to college (or professional or other training), a judge can order both parents, and the child, to share the costs of continued education. The court generally cannot order payment of educational expenses beyond a bachelor’s degree, however.

Illinois judges are given discretion when deciding who pays and how much, but an order for shared expenses is likely unless one party is facing extreme financial hardship. A judge will consider a range of relevant factors, including the financial resources of both parents, the standard of living the child would have enjoyed had the parents not divorced, as well as the financial resources of the child and the child’s academic performance. A judge may consider additional factors that are deemed relevant.

The shared educational expenses can include tuition, room and board, books and supplies, fees, transportation, health insurance and other reasonable college expenses. The support order can include a requirement that the child remain in good standing as a full-time student in order for the support to continue. Support payments can be made to either parent, to the student or directly to the school.

Keep in mind that non-minor support is not automatic and it’s not required by law. Oral promises and informal plans, even when well intended, are bound to change as the years go by. The relationship between the parents might be amicable at the time of divorce, when decisions about child support are being made, but that can change by the time college comes around.

You can go to court to request non-minor support before your child turns 18. If you and the other parent can agree to the continued support, including how much and for which expenses, then it makes things easier. If not, the judge will decide.

Is this confusing?  It can be.  Contact us if you’d like to speak to one of our attorneys for free and in confidence for legal guidance and/or a child support attorney referral.

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Married couples share a lot of things without thinking much about it. You probably have some property that you think of as your own, some you think of as your spouse’s, and much that you acquired together and think of as shared. However, when it comes to dividing property in divorce, state law often steps in and defines these categories for you. And it might not be what you expect.

In Illinois, the law distinguishes “marital property,” which belongs to both spouses, from “non-marital property,” which is a spouse’s separate property. The distinction is important because courts have the power to divide marital property in a divorce. While courts often divide marital property 50-50, it’s not always the case. You could end up with less than half. Non-marital property, on the other hand, will not be divided.

The basic rule is that anything earned or acquired during the marriage is considered marital property. This includes each spouse’s 401k. It also includes bank accounts, investments, houses, cars, etc. A few things are considered non-marital property, including property owned prior to the marriage, gifts and inheritances.

So, an inheritance is non-marital property, even if it was inherited during the marriage. It’s a good start, but there’s a big catch. If you aren’t careful, you could unintentionally alter the status of your inheritance and transform it into marital property. The court is likely to assume that property is marital unless you can prove otherwise.

The key is keeping your inheritance separate. When non-marital property is co-mingled with marital property, you risk losing it as your own. Illinois law can consider it a gift to the marriage and therefore marital property. Don’t combine your inheritance with your marital property or your spouse’s property. If it’s cash or securities, keep it in a separate account. If it’s a house or a piece of land, make sure the title remains in your name, and be wary of using marital property (money) to improve the property.

In addition to keeping your inheritance separate, consider signing a prenuptial or postnuptial agreement. You can use a document like this to define the ownership of property. If you and your spouse sign something saying that your inherited money or property goes to you in the event of divorce, then you have extra assurance that it will end up that way.

We recognize that many people don’t worry about keeping their separate property separate because they do not intend to divorce. This could be a mistake. Tackling these issues doesn’t have to be personal, and it doesn’t have to be an insult to your marriage. It’s just good common sense to plan ahead and protect an inheritance that was left to you.

This can be complex. If you have questions or need to be pointed in the right direction, please contact us at any time.

See also: Courts In Illinois Are Closed, But You Have Options

 

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We stress all of the time the importance of having a lawyer that is narrowly focused in the types of cases that they handle.  A jack of all trades attorney will not have the knowledge of the law you need or the relationships that you need, especially in a tougher case.

I saw a great example of this recently when I was called by a young man who had a felony charge of assaulting a police officer in Chicago.  He was part of the Ferguson protests and apparently things got really heated an he spit in an officer’s face.

What he did was wrong.  But at least after the fact he was smart.  He came to me and we made a referral to a top attorney who was a former Cook County prosecutor and now only defends criminal cases in the Chicago area.  He had a good relationship with the prosecutor and got him to agree to reduce the charges to a misdemeanor if the client would apologize to the cop.  After that the deal was to give him supervision which means that this could be expunged off of his record some day.  You don’t want a dumb mistake to ruin the rest of your life.

But things got even better for this rather lucky young man.  The cop missed two court dates.  Usually when the cop is the victim, Judges won’t ever dismiss a case.  But in this matter the connected attorney got the Judge to do it and an agreement from the prosecutor not to re-file the charges.

And it’s all because the lawyer was the right choice for this type of case.  He new the right people.  He had defended similar cases before.  He has a great reputation.  All of those things really matter.

There is an old saying that it’s not about what you know, but who you know.  That is incredibly true in law whether we want it to be or not.  And this case is a great example of that.

Of course the smart thing would have been to never have spit in the first place, but we don’t live in a perfect world with perfect people.  Mistakes are made.  Whether or not that mistake is a bad memory or ruins your life comes down to how seriously you take the criminal case.

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Not all referral services are the same. Actually, scratch that. Most of them are the same, but ours is very different. With us, you will get an attorney recommendation based on the particular facts of your case, not just the general area of law you’re dealing with. Our recommendation is also based on the experience, reputation and success of the attorney we are recommending. Our goal is to find you the right attorney, not just any attorney.

If you call a bar association or other referral source, you are most likely going to get a name off a list from someone who may not even know the attorney or their qualifications. It’s a list that attorneys pay to be on, and when you call, you simply get the next name on the list. That’s it. The fact that they are on the list is in no way a statement of their experience or past success. It doesn’t mean they are respected in the legal community or that they have handled a case similar to yours in the past. In our opinion, you might as well pick a name from the phone book.

The attorneys we recommend do not pay us to recommend them. We choose them, and we do so based on the qualities described above. And we will talk to you about your legal issue first. A lot of people wonder if they even need an attorney. Some don’t know what type of attorney they should hire. We are attorneys, and we will answer your questions. We try to be straightforward and upfront about what you need and what you can expect.

No two cases are alike. And some are very unique. If you don’t take that into consideration when looking for an attorney, you’re not giving yourself the best chance at success. If you need a criminal defense attorney, it matters what type of charges you are facing. Sometimes your attorney’s location matters. Sometimes you need an attorney who has a good rapport with the judge or a firm that has extensive resources. And sometimes you just need someone with a particular type of personality that you can work with. All of the details matter.

We don’t charge people to use our service. It’s completely free to call and talk to us, and if you need a referral, that’s free too. You can contact us online or by calling us at 312-346-5320 or 800-517-1614.

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When you co-sign for a friend or family member, you’re doing them a big favor. You are letting them use your good credit and reliable income, and it’s usually because theirs isn’t good enough. The creditor, whether it’s a mortgage lender, car dealer or landlord, thinks it’s too risky to lend to your friend or family member. But, they’ll do it if you sign on. There’s nothing wrong with wanting to help someone you care about. Just make sure you know what you’re agreeing to.

In addition to signing paperwork for the loan, you should be given a document that explains the obligations of a co-signer or “guarantor.” It’s meant to alert you to the responsibility you’re taking on. It might include the following warnings:

• You are responsible for payments the other party fails to make

• You are responsible for the entire amount of the debt

• You may have to pay late fees and collection costs

• You can be the subject of debt collection procedures

• You can be the subject of a lawsuit to collect the debt

• Your wages can be garnished

• Your credit score can be affected

When you co-sign, you are the safety net. You should be prepared to pay if the other person doesn’t. No matter how much the other person promises that they will pay, you can’t guarantee that they will. Make sure you’re prepared for that eventuality.

On a related note, never lie in order to get a loan or financing. We’ve heard from people who were asked, by the lender, to lie about their employment in order to get approved. They were actually told to sign paperwork that listed a completely fake job. Don’t let a lender coerce you in this way. Even though you didn’t make up the lie yourself, if you sign it, you may as well have.

If you have co-signed and the creditor is coming after you for payment or you’ve received a notice in the mail that you have to pay, talk to an Illinois attorney about your rights and obligations. Don’t wait too long – your credit history could be affected. The creditor may not be able to come after you in certain situations. An experienced attorney can talk to you about any available defenses.

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If you are looking for information on wrongful death lawsuits, then you probably suspect that negligence was to blame for the death of a loved one. You might be able to sue on behalf of your family member who passed away, forcing the defendant to pay for their wrongdoing.

We know it’s a very difficult time to get through, yet any lawyer will tell you that you should start the legal process sooner rather than later, if possible. And if you are going to file a lawsuit, there are some things you can do right away to give your case a good chance of success. One of these things is getting an autopsy.

We’re sure it’s not at the top of your list, but getting an autopsy can be extremely important, especially for medical malpractice cases. In any wrongful death lawsuit, you’ll not only have to prove that the defendant was negligent, but you’ll have to prove that their negligence caused the death of your loved one. So being able to prove the cause of death is extremely important.

The decision to request an autopsy is an emotional and uncomfortable one to make. And unfortunately, it’s one that needs to be made fairly quickly. In cases of medical malpractice, the health care provider might tell you that an autopsy is unnecessary because they already know the cause of death. Or maybe the cause of death seems clear to you, as well. But it might not be the whole story.

Not getting an autopsy doesn’t always end your chances of having a good case, but many times it does. Without clear proof of cause of death, it’s hard to prove the defendant was at fault. If you have questions or need guidance, give us a call. We’ll talk to anyone for free about any Illinois legal issue, including the importance of requesting an autopsy if you have a potential wrongful death case.

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Mediation can be an efficient way to settle your divorce case, if it’s right for you. A mediator is an unbiased third party who meets with you and your spouse to reach an agreement on the various aspects of divorce. The job of the mediator is to suggest solutions and help bring the two sides closer to agreement.

If you and your soon-to-be ex can barely even speak without arguing, you might think mediation isn’t an option for you. It could be worth a try anyway. Mediation is confidential and non-binding. It cannot be brought up in court if the mediation fails and you end up bringing your case before a judge instead. If you try and it doesn’t work, then you can still go to court and have the judge hear your case. If mediation does work, and you reach an agreement, that agreement is then submitted to the judge before it becomes final.

In Illinois, mediation is not required for every divorce, although the judge can always make it a requirement in your case. Mediation is required, however, in cases (including divorce cases) that involve child custody or visitation issues that cannot be resolved. In fact, mediation is required whenever child custody is an issue, even if the parents were never married. After a case involving custody or visitation is filed, the court will then order mediation, unless there is good reason mediation is not appropriate. In cases of domestic violence, for example, mediation will likely not be ordered. The same is true in cases where there is substance abuse or mental illness.

You can hire a private mediator, or go through the courts. Some mediators are lawyers with experience in family law cases; others do not have a law license but should have completed a training course. In child custody and visitation cases, the mediator will keep the best interests of the child or children in mind. The same is true for cases involving a request to move a child to another state. In divorce cases, the mediator’s job is to help both sides reach a compromise that they can both agree to. Even if the mediation itself is mandatory, you are not required to come to an agreement. And any agreement you do come to is not binding. When you submit an agreement to the judge and the judge signs it as an official order, then your agreement is binding.

The benefits of mediation in divorce include saving money, time and even stress. Going though litigation and approaching conflict from the extremes typically involves higher legal fees. And the process can take much longer, with delays caused every time there is a disagreement. Not every case can be resolved in mediation, and in those cases, going to court with an attorney and taking an aggressive approach might be necessary to protect your interests. But because mediation is not binding, and arguably gives you more control over the outcome, there’s a good argument for at least trying.

Even if you predict that you will end up in mediation, consult with an experienced Illinois divorce and custody lawyer, too. You’ll still need someone to make sure your interests are protected. Your mediator should not be giving you legal advice. Your attorney will review any agreement you come to in mediation and can suggest changes and help you understand every aspect of the agreement. Don’t wait until after an agreement is reached to talk to a lawyer.

If you have questions about how mediation might work in your case, let us know. There are pros and cons to pretty much everything in life, including mediation. If you think you might find yourself in family court in the near future, learn about your options.

Semi-truckHow would you react if a commuter jet crashed every week and killed everyone on board? You would be outraged, and so would the entire country. This is essentially what’s happening with the rising number of trucking accidents across the United States, but not many people are talking about it.

Fatal truck accidents are happening at a rate of 11 times a day, killing roughly 4000 people a year. There are advocacy groups out there, representing the families of those killed, but it’s not something the general public hears about all that often. The accidents and resulting deaths are spread out geographically, so you’re not likely to know about them unless there’s a news report about a specific accident in your area.

Common culprits in these accidents seem to be unqualified or over-tired drivers, and old trucks in unsafe condition. Lobbyists, of course, argue that other motorists and not the truck drivers are to blame for the majority of the accidents; many disagree. But regardless of blame, people are dying as the result of the growing demand within the trucking industry.

All drivers have to follow the basic rules of the road, but truckers are required to follow additional regulations that were specifically made with trucking safety in mind. It’s a pretty long list and includes laws about how long truck drivers can be on the road at a time and what they have to do to inspect their trucks and make sure their vehicles are properly maintained at all times.

When someone is seriously injured or killed in an accident with a truck, they or their family members might have a lawsuit against the driver or trucking company. In general, a lawsuit is appropriate when the accident was the fault of the driver or due to unsafe practices within the company.

It’s important to gather evidence quickly in these cases, as they are usually more complicated than accidents involving two passenger vehicles. Most trucks have a computer on board, and obtaining the data from the electronic systems is important. Next, there are other records to gather, including maintenance history, driver history, etc. All of this is used to determine the cause of the accident and pinpoint who was at fault. And most importantly, evidence needs to be preserved immediately. There are Illinois injury attorneys who have experience in these cases and know how to do a thorough investigation and make a strong case, and they know how to act fast.

There are thousands of personal injury attorneys in Illinois, but they aren’t all equal. We recommend hiring someone with significant experience – and success – in trucking cases. If you have what lawyers call a “good” case, meaning fault is fairly clear and damages are significant, then you might have a lot of lawyers eager to take on your case. It’s still important to choose wisely in order to give your case the best chance at a successful outcome.

In addition to experience, you want your law firm to have resources. Accident investigations, especially ones that get off the ground right away, cost a lot of money. Your lawyer should front these costs, but they can only do this if they have the money. You don’t want your lawyer skimping on your case because they can’t afford an aggressive approach.

So, beware of ambulance chasers or others who see dollar signs but don’t know what they’re doing. In our opinion, there are only a handful of Illinois law firms we’d recommend for a trucking accident. These are firms and attorneys we would hire ourselves if we were in a similar position. If you’d like our take on your situation, give us a call.

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Whether to go after child support is a big decision. Maybe the other parent is already paying what they can. Maybe you don’t even know where they are. In either case, a family law attorney would likely advise that you get an official order from the court. Here are some things to know.

  1. Many people pay based on income. Illinois law has a formula for figuring out how much child support should be paid. The judge can alter the formula if the circumstances warrant a change. And parents can always agree to a different arrangement, although we don’t recommend agreeing to a child support amount without advice from an experienced family law attorney. The law sets forth minimum guideline amounts based on the paying parent’s net income and the number of children in need of support: 20% for 1 child; 28% for 2 children; 32% for 3; 40% for 4; 45% for 5; and 50% for 6 or more children.
  2. Get a child support order. Although the parent making the payments might do so without a court order, it’s wise to have one anyway. If your situation ever changes and payments stop, you can enforce the order. Enforcement can include wage garnishment, but without a court order you won’t be able to go that route. Don’t rely on oral promises.
  3. Child support for college is not automatic. If you want child support to continue past the age of 18, you can get a court order for that, as well. Not every request is granted. The judge will take into consideration the income of both parents, the income (if any) of the child, as well as the child’s academic standing. Child support for college can include tuition, as well as room and board and other expenses, including healthcare.
  4. You can modify child support in some cases. If there is a court order in place, but things change, you can request a modification. Just know that you will have to prove to the judge that there has been a significant change in circumstances. Sometimes, the parent making child support payments faces sudden financial hardship. If this happens to you, don’t stop paying without first going to court and modifying your obligation.
  5. There is no deadline on collecting court-ordered support payments. Once you have a child support order in place, those payments can be collected if unpaid. We hear from some children wondering if they can collect past-due child support that their parent failed to pay when they were younger. The answer is that the child themselves cannot collect, but the parent can, if they had a court order. There is no deadline, so it’s never too late for that parent to collect past-due payments.

When hiring an attorney for a child support issue in Illinois, look for someone who focuses their practice on child support law and helping parents exercise their rights in this area.  We can help you find the right law firm. Contact us any time for a free consultation.

If you bought a Lenovo PC between September 2014 and January 2015, then you may be at risk for identity theft. In September, Lenovo began selling laptops with a pre-installed program called Superfish Visual Discovery. This program is what’s known as adware, which means that it spies on your web traffic in order to provide ads that are tailored specifically for you.

Pre-loaded software isn’t new, but that doesn’t mean it should be trusted. The problem with Superfish is that it has holes that allow hackers to steal your information. It exposes the computer – and its user – to potential theft of private information. Hackers can intercept your credit card number, banking information, passwords and other user data without your knowledge or permission. Even when you think you’re on a secure website, you might not be safe if this program is on your computer.

Identity theft can wreak havoc on your finances and your life. Lenovo’s decision to pre-install Superfish before shipping computers to customers has been called irresponsible and an abuse of trust. Lenovo has stopped using the program, but the computers that were sold with Superfish continue to put users at risk.

Note that these are allegations and still need to be proved in court.  That said, we know class action attorneys who are looking to speak with Lenovo users to see if they might have a case.  There is no cost or commitment.

Consumers are beginning to join lawsuits against the company and demand compensation. If you purchased a Lenovo computer between September 2014 and January 2015, you might have a claim. If you have questions about whether you should get involved or how you can seek compensation for buying one of these computers, you can contact us online or give us a call at (312) 346-5320 or (800) 517-1614. There is no charge for speaking with our attorneys.

legal mal

We are happy to investigate possible legal malpractice lawsuits. It would be hypocritical not to as we are willing to sue doctors and other professionals when they screw up.

What I’ve found interesting over the years about the valid cases we’ve pursued (and by valid, I mean a lawsuit was filed) is that the attorneys who are getting sued have a lot in common.

The biggest similarity is that they tend to be in firms that want to handle every case that comes through the door. So if you want a divorce, got a DUI or were in a car accident, they want to be your firm. It’s like a doctor that wants to deliver babies and treat cancer, except you don’t see many of those.

Too many lawyers in Illinois want to handle personal injury cases even though they have very little experience with it. There is a misconception that it’s easy money which simply isn’t true. Insurance companies don’t just give money away and if they think you or your lawyer doesn’t know what they are doing they will really play hard ball. This can lead to delays and as we’ve seen, violations of the statute of limitations for filing a lawsuit.

The best lawyers know what they don’t know. By that, I mean that they know what cases they do a good job with and are smart enough to tell a client no when they are asked to handle something that they have no experience with.

I remember meeting an experienced lawyer when I first started practicing. He bragged that he got his experience in entertainment law because he was desperate for money and a potential client knocked on the door saying he needed help with a contract. The lawyer lied and said that was his specialty and then went on to do research to try and figure out how to handle the case. It made me ill because this guy basically admitted that he put the best interests of his client behind his own needs.

Things worked out for that lawyer and he went on to a prestigious career. But that doesn’t make what he did right.

For you as a client, you should want a firm that has a narrow practice focus and real experience in handling and winning cases that are like yours. That doesn’t guarantee a result for you, but sure does increase your chances of success.

It’s much easier to find that right firm today with the internet. And of course, that’s why we exist; to help you find the right firm for your case.

So beware the jack of all trades or know it all attorney. It’s not that they can’t help you, it’s that they often aren’t the best ones to do so.

med m 11

I had a very nice call with a gentleman who was looking for a Chicago medical malpractice lawyer who would not charge a fee unless they win the case.  I explained to him right away that nobody charges a fee in those cases and if they do want you to contribute money for expenses then you should run away.  But that’s not what this post is about.

Our conversation continued and I learned that his friend had their colon nicked during a colonoscopy and sustained a decent amount of damage.  Apparently they had called a couple of lawyers and the case was turned down.  My caller was confused because it was his perception that if you have a decent injury, a nice plaintiff and a good law firm in your corner, most juries would side for them instead of a large corporate hospital or doctor.

This is a lie that has been created by people why want to impose damage caps in medical malpractice lawsuits.  The truth is that Cook County, where Chicago is located, is the most plaintiff friendly county in the entire state.  Yet in cases that go to trial, plaintiffs win just over 20% of the time.  As a result, lawyers are very selective about the cases they are willing to take on.  It’s true that many cases settle, but if you go to trial and lose, that’s usually around $100,000.00 out of your pocket as a law firm.

In some smaller counties in Illinois, there has literally never been a jury verdict against a doctor.  Ever.  In many of these locations the people that get called to be on the jury end up knowing the doctor and fear (wrongly) that if they find against him/her, even in the most egregious of cases, the doctor will skip town and they won’t have any medical providers.

Insurance companies want you to believe that a bunch of frivolous lawsuits are hurting the medical profession, but I’ve yet to see an example of a bogus malpractice lawsuit that settled or went to trial.  No credible attorney would file those cases because it’s so expensive to get to trial.  In fact, many examples of actual malpractice get ignored because the ultimate damages don’t justify the cost of bringing a lawsuit.  In other words, if I value your case somewhere between $200,000-$300,000, I’d have to be willing to spend around half the case value just to win and there’s no guarantee I’ll win.

What you end up finding is that cases are usually only brought for matters that have terrible negligence and huge damages.  If a doctor makes a mistake that kills a 90 year old woman, the defense will (disgustingly I might add) be that she didn’t have long to live anyway, so even if our hospital screwed up, the case has no value.  And regrettably that argument usually works.

So what you find is that there are really only a handful of malpractice law firms in Chicago that have a track record of consistently bringing and winning these cases.  Small firms may say that they do it, but truthfully they can’t keep up with the costs.  Firms outside of Chicago tend to only dabble in these cases because it’s so hard to win them.  As a result, if you do see a trial verdict in a place like Peoria, Rockford, Urbana, etc. don’t be surprised to find that the firm that handled the case is actually from the Windy City.

I’m not for frivolous lawsuits and every day I tell people that they don’t have a case and explain why I feel that way.  But I am in favor of good people with good cases having access to justice.  And the truth, no matter what lies you’ve been fed, is that it’s very hard to win a med mal lawsuit.

hiring 12.03

There are thousands of lawyers in Illinois. Don’t close your eyes and point to a name in the phone book. And don’t Google “Illinois divorce lawyers” and pick from your initial results. You need more information. Here are some things to consider.

1. Not all lawyers handle all kinds of cases. A big indicator of success, in our experience, is whether the lawyer on your case has handled similar cases in the past. The more this is true, the better. If your attorney has handled dozens of DUIs, then they are better equipped, generally speaking, to handle yours. Obviously, this is only true if the attorney has been successful in his or her prior cases. Make sure they have a track record of positive outcomes for their clients.

2. Big firms aren’t always better. Experience and location matter more for routine legal issues. You want your lawyer to be local so that they know the other attorneys, as well as the judges if you have a court case. Your attorney’s individual experience, as we mentioned above, is extremely important in trusting them to handle your issue. On the other hand, a big downtown law firm can have its advantages. If you have an expensive case and you need a firm with a lot of resources, then a bigger firm is likely a good fit. But don’t assume bigger is better. Focus on what you need in your attorney or firm before deciding who to hire.

3. The fee depends on the type of case. Attorney fees are a big question mark when you are just beginning to consider hiring someone. A contingency fee is one in which you don’t pay anything upfront but rather pay a percentage of what you win in the end. A flat fee is just that. You might expect a flat fee for the drafting of your will, or something that is fairly routine. An hourly rate is typical in family law cases and other cases that are unpredictable or don’t involve a monetary award at the end.

4. Get a free consultation if you can. At a consultation, you can ask questions and find out what type of fee you can expect in your situation. It’s a great way to get a feel for what you might be facing. If you are using the Internet to research your legal issue, then you’re probably feeling overwhelmed. There is so much information out there but no real way to find out whether it applies to you.

5. For best results, ask a lot of questions. At your initial consultation – and throughout your case – ask questions. At first, this will help you know whether you are hiring an attorney who is a good fit. The more you talk and interact, the more you will be able to judge their character. This can end up being just as important as their legal expertise. Next, you should continue to ask questions and stay involved in your case. The more informed you are, the less likely you are to be surprised or caught off guard.

Hiring the right attorney for your case requires a bit of effort, but it definitely pays off. Hiring the wrong attorney can affect the outcome of your case. On top of that, it can make your entire experience difficult. Although you are allowed to switch attorneys later on, it’s not as easy as hiring the right attorney in the first place.  Contact us if you’d like our help in getting the best firm for your case.

H-1B visas allow U.S. employers to hire specialty workers (non-U.S. citizens) to come to the United States to live and work. The visas often last three years but can be extended to six years. The H-1B visa program was touted as a way to bring the world’s best technology minds to the United States. What people are talking about now, however, is how tech companies are abusing the program and taking advantage of the system for the benefit of their bottom lines, sometimes going as far as breaking the law.

Specifically, employers are taking advantage of the H-1B program to hire cheaper workers. Not only are these employees cheaper than American employees, but also they are more likely to stay with the company because it’s not as easy to leave, given their H-1B visa status.

Here are some additional ways in which employers are taking advantage of H-1B workers:

–          Charging fees for visa applications, recruitment and other fees that weren’t disclosed in the employment agreement or that are in direct breach of the employment agreement.

–          Wage violations, such as failing to pay earned overtime, or ailing to provide meal breaks or rest breaks as required by state and federal laws.

–          Flat-out failure to pay the worker what was promised in an employment contract or visa application. Some workers even have trouble getting regular paychecks at all.

–          Failing to pay a salary equal to that given to U.S. workers in the same position. H-1B visa holders should be paid a “prevailing wage,” but there are loopholes.

Employers who use and abuse H-1B visa employees know that their employees are less likely to assert their rights (or know their rights) when it comes to U.S. labor and employment laws. The company has a hold on them. It’s a win for the employer, who gets to pay the employee less and have more control over them.

If you are a non-U.S. citizen working in the United States for a U.S. company in a tech or IT position, and you suspect that your employer has violated your employment agreement or labor laws, or committed visa fraud, give us a call at (800) 517-1614.

You have rights, including the ability to take action against an employer for these violations and abuse. We’ll talk to you for free about your situation in order to help you understand your options. We consider these cases anywhere in the country, and talking to our attorneys is completely confidential.

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