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Five things you should know about getting hurt on someone else’s property in Illinois

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An injury can be life changing. Focus first on your medical care and working toward good health. But before too much time passes, think also about whether you need to take legal action in order to be compensated for the amount the injury has cost you – not only in terms of medical bills, but other damages, as well.

1. Property owners can be held responsible. The law that applies to this situation is often called premises liability. Whether you have a good case against the property owner for your injury depends on how you were hurt and whether the property owner knew something on their property was dangerous. It also can depend on whether you were visiting a friend or shopping at a business. In general, these are negligence cases, in which you have to prove that the property owner owed you a duty of care and failed to live up to that duty.

2. Your damages are important. Some injuries are very minor, and if you are going to make a full and quick recovery, then legal action might not be necessary or recommended. If your injury is catastrophic, then certainly you should talk to an attorney. Your damages – the monetary value of your injuries – is likely to be large and necessary in order for you to cover medical bills, loss of income, and future expenses as well. In the in-between cases, an experienced attorney can spell out the pros and cons so you can make an informed decision. Filing a lawsuit shouldn’t be done on a whim, but it’s an important tool for those who have been harmed by the negligence of others.

3. Many property owners carry insurance. One of the things your attorney will consider when evaluating your case is whether the property owner carried insurance. If not, then you can only recover from them what they already own. If they don’t have any assets, then even if you win, you won’t be able to collect much of anything. However, many property owners have insurance to protect them from lawsuits. What this means, practically speaking, is there is money available to compensate you for your medical bills, loss of income, and pain and suffering.

4. There is a deadline for taking legal action. There is a statute of limitations on exercising your legal rights. It’s basically a deadline. The general rule is that Illinois law gives you two years from the date of your injury to file suit. However, there are exceptions that can make that deadline shorter or longer. If you are injured on government property, then you should take action as soon as possible. If you are a minor you might have more time.

5. Don’t listen to random advice. If you suffer an injury and you believe someone else is at fault, then you will undoubtedly receive varied advice from friends, family and co-workers. Everyone just wants to help, of course, but unless they are a personal injury lawyer, don’t rely on their advice. An initial consultation with an attorney shouldn’t cost you anything in this type of case.

If you have any questions or would like us to refer you to an Illinois premises liability attorney, please click the contact us button at the top of the page.  All calls are free and confidential.

Daycare injuries in Illinois – You have to know the facts

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One of the most common phone calls we get are from people whose kids have been injured in a daycare.  As a parent myself, I get why these callers are so upset.  You trust your kids to be taken care of and something bad happens to them.  For whatever reason, it seems like many of these daycare facilities don’t call right away to tell you about the accident.  They are probably hoping that it will just be a temporary problem that you’ll never find out about.

These are challenging cases for a couple of reasons.  First, most of the independent witnesses are little kids.  So your child can’t give a great account of what actually happened and neither can any of the other kids in the room.  You might have the smartest three year old in the world, but no insurance company or jury is going to buy their story.  So unless there is a very honest worker at the daycare, it’s hard to prove what happened.

The second obstacle is that most of the injuries aren’t due to negligence.  The kids can’t be expected to be bottled up all day and not moving.  So if your child is running from one room to another and falls, well, that’s what happens to little kids.  If they break their arm, that would be awful, but the chances of proving negligence would be slim.  And if you can’t prove negligence then you don’t have a case.

A recent call from a Chicago woman whose son was hurt in daycare was the exception to the rule.  The child was on a merry go round type device without any adult supervision.  Another child was able to spin it so fast that her child fell off.  At least that’s what the daycare center told her.  The child is only one, so there’s no way he should have been on there in the first place.  My guess is that another child didn’t actually do the spinning because those machines are somewhat heavy.  But even if the daycare worker’s story is true, it sounds to me like they are at fault for being careless and should be held responsible for any injuries.

Personally, I’m surprised that there isn’t a law that requires cameras to capture what is happening in a daycare all day.  I know that the owners wouldn’t want them, but it’s certainly best for the kids on so many levels.

Please don’t read this post as us saying these cases can’t be won.  Clearly they can be. The key point that you should take away is that if you want a lawyer to be able to help you in filing a lawsuit for your child, you need actual evidence because without it you don’t have much of a chance.  In some cases, a firm will send out investigators to interview employees and that can ultimately be how you prove your case.

If you need our help, you can contact us online or by calling us at 312-346-5320 or 800-517-1614. It’s all free and confidential.

Did you lose a job from a background check? Was it legal?

There is a specific law that says how and when an employer or potential employer can do a background check on you. The law also says what the employer can and can’t do with the information it gathers. Several large employers have recently been sued for violating this law, prompting multi-million dollar settlements with the employees and potential employees who were affected.

The law is called the Fair Credit Reporting Act, or FCRA. The rules on background checks apply to job applicants and current employees. There are a couple of important aspects to this law. One is that you must be given notice of any background check. Another important aspect is that the employer can’t penalize you for what the report contains without taking some very specific steps. The law protects applicants and employees when it comes to criminal background checks as well as consumer credit checks.

Under FCRA, a job applicant or employee must consent to a background check, in writing. In order for this to happen, the applicant or employee must be given a written disclosure. This disclosure is required to be “clear and conspicuous,” which means, for example, that it shouldn’t be buried in an employment application that contains a lot of extra or irrelevant information.

Next, when a background check is complete, the employer can’t simply fire or refuse to hire that person based on what they find. The employer must first provide the applicant or employee with a copy of the report in question and must tell the applicant or employee that they intend to take adverse action based on that report. And the employer must give the applicant or employee reasonable time to dispute the report. These are very specific steps that are often skipped.

The most obvious type of adverse action in these situations is firing an employee or refusing to hire an applicant based on a report. However, the law protects employees against other types of adverse action, such as getting a demotion or being denied a promotion based on what comes back in a report.

Employers who violate FCRA can be sued for damages, including actual damages, punitive damages and statutory penalties of up to $1,000 per violation. Employees in some cases have joined together in class action lawsuits, in which they sue their employer as a group for FCRA violations. Recent lawsuits have involved Michaels, Whole Foods Market Group Inc., Publix Super Markets Inc., and Dollar General Corp.

If you have questions about a background check that was performed without your consent, or a situation in which you suffered adverse employment action after a background check without getting notice or a chance to dispute the report, feel free to give us a call at (800) 517-1614. We’ll talk to anyone for free about potential legal issues, including whether they might have a claim against their employer for violating this law.  There is no fee for the attorneys we recommend who take on these cases unless they are successful.  And we consider these cases anywhere in the United States.

Are you at risk for divorce? These statistics might surprise you

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According to the CDC, there is a divorce in the United States every 36 seconds. That amounts to hundreds of thousands of divorces every year. This might not be surprising, given the well-known statistic that 50% of marriages end in divorce.

Here are some lesser-known stats on marriage in America…

The more times you try it, the less likely it is to last. Second and third marriages are more likely to end in divorce than first marriages. According to statistics, about 40% of first marriages end in divorce; 60% of second marriages and 70-75% of third marriages.

Divorce rates also change depending on your age. Divorce rates are highest for those in their early 20s and significantly lower for those in their late 30s, for example.

You are more likely to get divorced if:

– You don’t have kids
– Your parents were not happily married
– You got married before your 25th birthday
– You lived together before you are married
– You didn’t go to college
– You live in a more conservative state
– You live in Oklahoma, Arkansas or Alaska, which have the highest divorce rates in the country.

Some other interesting facts: Divorce, custody and support stats are different for men vs. women. Women file for divorce in about 2/3 of the cases. Mothers are more likely to get a support award, and they also are more likely to default on a support obligation. The majority of children with divorced parents live with their mother.

Celebrity marriages and divorces don’t seem to fit the mold. Instead, they often take it to the extreme. Take Britney Spears’ divorce after a brief 2-day marriage to a friend, or the long list of celebrity divorce settlements topping $100 million. Mel Gibson reportedly paid his ex $425 million in their divorce.

In the U.S., the average timing for divorce is 8 years into the marriage. The average time before remarriage is 3 years. No one gets married thinking it will happen to them, but as statistics show, it happens every day.

Five things you should know about Illinois attorney fees

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Attorney fees don’t have to be daunting. In fact, depending on your situation, you might not have to pay anything unless your case is successful. Here are a few things to know about the different types of attorney fees.

  1. A contingency fee is only paid if you win. A contingency fee is contingent on winning, or settling, your case. If you win, then your attorney takes a portion as his or her fee. This type of fee is common injury cases, including accidents, workers’ compensation and medical malpractice. If you are suing or attempting to collect damages (money), then you typically will pay a contingency fee. There shouldn’t be any up-front cost, which allows you to take legal action without significant risk. If you lose, there is no fee.
  2. A retainer is a lump sum paid up front. Retainers are common in hourly fee cases, as opposed to the contingency cases described above. The way it works is that you pay your attorney a couple thousand dollars, for example, and they take their hourly fee from that retainer as they earn it. You might be required to refill the retainer.
  3. Flat rates are more and more common. A flat rate is just that. You pay a set amount for legal work. Some types of cases are impossible to predict; a seemingly simple case can suddenly get complicated and require many hours of work. It wouldn’t be smart for an attorney to charge a flat rate in an area of law that tends to be unpredictable. So for that reason, you’re likely to find flat rates on things that are more definitive, such as drafting a single document, filing for a simplified divorce, etc.
  4. You should always ask an attorney about his or her fees. It’s not rude to talk about fees right off the bat – it’s realistic. Your attorney, or potential attorney, might need to gather more information about your case first, but they should be prepared to talk to you about their fees early on. In fact, don’t agree to hire them until you have this conversation.
  5. Sign a fee agreement. Follow #4 above, and then get it in writing. This benefits both sides, so it shouldn’t be a problem to get a signed fee agreement. It should include the hourly rate or flat fee, as well as the retainer requirements if applicable. If you have questions about anything, now is the time to ask.

All of your fee-related questions can be answered at an initial consultation, which is often free of charge. If you need help finding a particular type of attorney, just let us know.

Shareholders can sue when corporate fraud kills their investments

fraud 10.06.14Corporate fraud seems to be everywhere these days. The story is often the same – bad decisions by a few executives that affect the lives of many. Corporate fraud not only endangers the health of the corporation itself but also impacts employees, clients and anyone who has bought stock in the corporation as an investor.

People who have been wronged often use the law to try and recover what they have lost. In the case of investors, they can sue for securities fraud if they were misled or outright lied to and relied on that misinformation when making their investment. One example is when a corporation puts out misleading financial statements that make them look better than they actually are. People invest, thinking the company looks financially healthy, but then the truth comes out and the stock prices take a hit. And shareholders lose money because they relied on that false information.

These cases are generally class actions, which means that a group of plaintiffs sues together because they have similar claims. A lead plaintiff is responsible for representing the entire class. The court appoints this lead plaintiff and that plaintiff’s lawyer acts as the main attorney for the case. The lead plaintiff might be the investor with the largest investment, or they might be chosen for another reason. Not every investor is automatically part of the class. There’s usually a class period – a specific time period – that the lawsuit covers.

Not all cases are based on bad financial statements. There was a recent Illinois case against a company that ran psychiatric hospitals, including one in Forest Park and one in Streamwood. It had come out that patients in these two facilities were being harmed. One report said that mentally disabled children were sexually assaulted over the course of several years. The investors’ lawsuit said that the company made false and misleading statements about the quality of care provided at its facilities. In other words, the company hid these less-than-favorable incidents and as a result the stock price was inflated. Investors, including large investors such as pension funds, lost millions of dollars. There is a tentative settlement agreement for $65 million, which still has to be approved by the court.

Another recent case is against Halliburton. Plaintiffs claim that the company misled investors, exaggerated the positive effects of a merger and lied about its exposure to asbestos liability. They say that the stock price took a big hit when the truth came out. Defendants can win these cases by trying to prove that the fraud did not affect the stock price.

You can be a plaintiff in a securities fraud case if you bought stock during the time period in question, even if you didn’t specifically rely on the company’s financial statements. Not everyone reads corporate reports, but they do look at stock prices. Courts have said, generally speaking, that relying on the stock prices is enough.  If you are looking for an attorney, contact us at any time.

New law: Illinois creates formula for spousal maintenance awards

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Illinois already has a formula, or guideline amounts, for determining child support. These are written into the law. But there is no similar guideline for spousal support, which has led to a lot of discrepancy in what gets awarded. At the beginning of next year, however, a new Illinois law goes into effect, and it will set a formula for determining spousal support.

Illinois technically calls it spousal “maintenance.” It’s the same thing as spousal support or alimony – an amount paid by one spouse to the other, during and/or after divorce. A typical situation involves a spouse who stayed home with children, or for other reasons benefiting the family, instead of pursuing a career. One purpose of maintenance is to support that spouse while they get back into the workforce

Up until now, the amount of maintenance awarded to a spouse has varied considerably. Sometimes, the divorcing couple would agree to an amount. Other times, it was argued in court and the judge would decide. Judges have had a set of legal factors to guide them, but there was no formula and therefore the results varied widely. Now, beginning January 1, 2015, judges will have something more concrete to follow.

The new maintenance law is based on the gross income of the parties and the length of the marriage. The gross income determines the amount of the support owed after the marriage is dissolved, and the length of the marriage determines the duration of the payments. The law only applies to couples whose gross combined income is less than $250,000, although judges could presumably apply it to couples with higher income if they found it appropriate.

Amount

The amount of maintenance is 30% of the payor’s gross income minus 20% of the payee’s gross income. So if Spouse A makes $100,000 and Spouse B makes $20,000, then the maintenance amount paid to Spouse B would be $26,000 (30% of $100,000 minus 20% of $20,000).

There is a limit. The amount you get from the above formula, when added to the gross income of the payee, can’t exceed 40% of the couple’s combined gross income. So in this example, the maintenance of $26,000 plus payee’s income of $20,000 comes to a total of $46,000. This is less than 40% of their combined gross income of $120,000, which is $48,000, so no adjustments would need to be made.

The law would come up with a maintenance amount of $26,000 in this case. The general goal, in less technical terms, is that the bigger the income gap, the higher the payment to the spouse who earns less.

Duration

The amount of maintenance determined above is per year. In order to know how long payments will go on, you take the length of the marriage and multiply it by a factor, according to the following schedule:

0-5 years = .20

5-10 years = .40

10-15 years = .60

15-20 years = .80

If the marriage is for more than 20 years, the court may order permanent maintenance or maintenance for a time equal to the length of the marriage.

This formula isn’t automatically used in every divorce case. First, the court must determine whether maintenance is even appropriate in a given case. Then, they can apply the formula. It’s important to know that the law gives judges the option of not using the formula, but they have to give a reason why they didn’t. In other words, judges still have discretion.

A major benefit of set guidelines is predictability and consistency. It helps attorneys advise their clients about likely outcomes. It can save legal fees by making the support amount fairly certain rather than a wide-open issue, which takes more time for lawyers and judges. On the other hand, a strict guideline can’t possibly make sense in every case. It will be interesting to see how and when judges use their discretion once the new guidelines become law.

Five things you need to know about Illinois estate planning

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There’s a lot of information out there, including many websites that say you can get an estate plan online. The challenge is knowing how to fit all of that information into your own unique situation. So, here are five things we think you should know about estate planning if you are looking into getting documents prepared…

  1. Be wary of online wills. Every person and family is different, and those differences can affect and dictate how your estate plan is written. We always suggest using an experienced attorney rather than a website when it comes to something as important as this. That said, you certainly can use the internet to do your research, which will help you make the most of your meetings with your attorney and know what questions to ask.
  2. Find a focused attorney. There are hundreds of attorneys to choose from. Don’t have your workers’ compensation attorney write up your will just because you already know them (unless it happens to be something they have significant experience with). If you are going to hire an attorney, it makes sense to hire someone who has as much relevant legal knowledge as possible. This usually means that they focus on one or two areas of law.
  3. You might need more than just a will. The reason it’s called an estate plan is because it’s a set of documents that work together. A will is important, but there are other instruments that do things a will cannot. A power of attorney is one. There are actually two – one for finances and one for health care decisions. Both are good to have. You might also consider a trust to make property transfer easier upon your death or if you have concerns about privacy.
  4. What happens if you don’t have a will. If you don’t create an inheritance plan, then one will be created for you. The law imposes a generic plan on anyone who dies without a will. It’s called dying “intestate.” In Illinois, your assets go to your spouse and children. This might seem good enough, but the law gives half of your estate to your spouse and half to your children; many people prefer to have their entire estate go to their spouse, especially if their children are young. A will can set it up exactly how you want it.
  5. It’s a work in progress. An outdated estate plan can be as much trouble as having no estate plan at all. You and your lawyer should review your documents periodically. Some important times to review are when there has been a change in marital status, additions to your family or assets, or a change in the law.

There’s more to know, but that’s a start. Don’t hesitate to get an estate plan because you feel like it’s an unknown. A good attorney will not only draft you a solid plan, but he or she will explain everything in a way that makes sense.

Illinois lawyers have a protection from legal malpractice they don’t deserve

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There are some attorneys in Illinois who will not sue another law firm.  I think this is hypocritical.  I carry legal malpractice insurance and if I screw up in a way that causes you irreparable harm, you should sue me.  If I didn’t screw up, I can fight the case.  It’s no different that suing a doctor, accountant or any other professional that makes a mistake.

So we will get involved in suing other attorneys when they have been negligent and we think that we can prove you have suffered a financial harm you would not have had if they didn’t screw up.

A recent caller had me really hoping that I could help her.  She went to a lawyer for a pre-nup and even though she was only 23 at the time, he suggested that it was a good idea because she had inherited a few hundred thousand dollars.  Now he could have told her to just keep the money in a separate account and she would have been protected.  Beyond that money, she and her fiancé had practically nothing to speak of.

But the screw-up wasn’t just convincing her that she definitely needed the pre-nup, he also wrote in a clause that bars her from receiving maintenance (alimony).

Well it turns out that her husband went on to a great career in business making almost seven figures and she potentially could be owed thousands every month in payments.  But the pre-nup for some reason says that she gets nothing.

We’d love to sue this lawyer for his mistake, but there is one problem.  The error took place 11 years ago.  There is a law in Illinois that says you can sue an attorney for legal malpractice within two years of when you knew or should have known malpractice might have occurred, but no more than six years from when it happened.  This is also known as the statute of limitations.  It’s completely unfair because this woman had no reason to even think about the pre-nup until she caught her husband cheating on her.  But when she did it was too late as more than six years had passed since the mistake.  This is called a statute of repose.

The original law firm could come out and admit they made a mistake, but it wouldn’t matter.  Laws are written by our legislature which is run by many attorneys.  So of course some laws exist that favor attorneys and this is one of them.  It’s very unfair in my opinion because it prevents one of the main functions of a legal malpractice lawsuit which is to prevent the harm from happening to someone else.

Bottom line for you is that if you ever think your attorney made a mistake you should act fast and figure out your options.  If you wait too long it will bar your rights forever. And in some cases the simple passage of time will do that to you. If you need help you can contact us online or by calling us at 312-346-5320 or 800-517-1614.

Carpal Tunnel Syndrome and Illinois workers’ compensation claims

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Workers’ compensation is paycheck replacement and other benefits for employees who are hurt on the job. Each state, including Illinois, has its own set of laws on the books that creates this system of compensation and makes it mandatory for most employers.

The way it works is that employers carry workers’ compensation insurance. When an employee gets injured, the insurance company pays the worker according to Illinois law. It depends on the type of injury and other details, but in general, an injured employee is entitled to 100% coverage of their medical bills and checks for 2/3 of their wages if they can’t return to work because of their injury. If your injury is serious and/or permanent, you might get a settlement, as well.

There are certain limitations on workers’ compensation. It’s only for employees – not independent contractors or volunteers. Part-time employees are eligible. One of the most important rules is that the injury has to arise out of and in the course of one’s employment, which is a legal way of saying it has to be related to your job or it doesn’t count as a work injury.

Illinois provides workers’ compensation for one-time incidents as well as repetitive trauma. A single incident will have a specific date on which it occurred, such as a fall or a sprain from lifting something heavy. A repetitive trauma is different because it generally occurs over time. Carpal Tunnel Syndrome is a common example of a repetitive trauma injury, although in some cases it can be triggered by a single event. Typing, working on an assembly line, or anything else that requires you to use your body in the same way time after time can cause repetitive trauma.

Regardless of how it happens, this type of injury should not be ignored. Typical symptoms of Carpal Tunnel Syndrome (also called CTS) include pain in the wrists and/or numbness or tingling in your fingers. The pain and discomfort can even travel up your arm to your shoulder. It’s important to see a doctor who is very familiar with CTS so that you can avoid misdiagnosis. Your best bet might be an orthopedic hand surgeon. They’ll probably run a test called a EMG to see if you have CTS. If you catch it early, your doctor might prescribe a splint or medication. If you end up needing cortisone injections or surgery, it should be covered under your workers’ compensation benefits. There should be no co-pays our out-of-pocket costs.

Be warned that the insurance company might try to deny your claim. Don’t be discouraged. They might argue that your CTS is caused by something else, such as pregnancy or diabetes, or they’ll claim that typing doesn’t cause CTS. This is how the insurance company works. They make money by denying claims. For this reason, never take the advice of the insurance company. We almost always suggest that you hire an experienced Illinois workers’ compensation attorney and stop talking to the insurance company altogether.

The law requires you to notify your employer of a work injury within 45 days of that injury. If you have CTS, then the date of your injury is likely a range of time. The law says you have 45 days from the date you realized you were injured and that your injury was work related. This might be the date your doctor diagnosed you, for example.

After you report your injury, you might start getting benefits. Another way to start getting benefits is to file a formal claim, called an Application for Adjustment of Claim, with the Illinois Workers’ Compensation Commission. You should file a formal claim either way. If you have one on file, you will be one step ahead if you ever need to request a hearing because of some problem with benefits being cut off or medical treatment denied.

Illinois law sets deadlines for filing a claim. Your right to collect benefits ends if you wait too long. You generally have three years from the date of your injury in order to file a claim. As we mentioned, there usually isn’t a specific date on which a repetitive stress injury happened. The important date is that date you realized your injury. If you have received some benefits, then the deadline for filing a claim is two years from the last payment of benefits or the three years from the date of injury, whichever is later. It’s never too early to bring a claim for repetitive trauma. If you wait too long, however, the cause of the injury gets harder to prove.

Workers’ compensation is usually your only option. You can’t sue your employer for a work injury. The workers’ compensation system was set up to take the place of lawsuits. While it’s not always perfect, the system was intended as a compromise. Employees don’t have to wait for a final ruling in a lawsuit to start getting payments and benefits, which could take years. And employers don’t have to worry about getting sued every time an employee gets hurt.

Illinois carpal tunnel attorneys are limited in the fees they can collect to 20% of what they recover for you. Your initial consultation should be free, and your attorney should never take a fee out of your routine benefits. If they are able to get you past benefits that were never paid, or a settlement, then that is when they earn a fee.

If you have questions about whether you are eligible for benefits in Illinois, feel free to contact us. We’ll talk to anyone for free about pretty much any legal issue. Our website was started by Illinois workers’ compensation attorneys. We know how an injury can affect everything, not just your work. The sooner start getting your benefits, the sooner you can start getting your life back.

How a mechanics lien works in Illinois

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When a contractor isn’t paid for work done on someone’s property, he or she has legal recourse in the form of a mechanics lien. The contractor can use a lien to basically stake a claim to the property. That property then cannot be sold or refinanced without dealing with the debt asserted by that contractor. And if that contractor wants to pursue payment further, he or she can get an order from the court forcing a sale of the property and payment of the debt.

Liens aren’t just available to general contractors. Subcontractors and materials providers can pursue them, as well. When payment isn’t made, it can be because of a dispute about how the work was performed, when it was completed or the quality of the work. Unfortunately, there is no way realistic way for a property owner to simply return the product. You can’t return a new driveway, or a kitchen renovation. This can lead to unresolved issues.

Subcontractors are a bit different from contractors. Often, a property owner doesn’t have any contact with subcontractors; they only deal with the general contractor. And it’s the general who pays the subcontractors. For this reason, a subcontractor who wishes to pursue a lien for nonpayment must first notify the property owner of their intent to do so.

If property owners aren’t careful about hiring those who work on their home or business, they might find themselves with a lien against their property. A good way to avoid this is to have a clear agreement with the general contractor, at the outset, about the project. If you aren’t clear, and the contractor does more work than needed, they will still charge you for that extra work. If you refuse to pay, they might record a lien. Also, make sure you get a list of all subcontractors, as well as lien waivers once payment has been made. If a lien is recorded against your property, consult with an attorney. It may be invalid if all the requirements weren’t met.

From the perspective of a contractor, sometimes the initial steps of recording a lien (or giving notice if you’re a subcontractor) is enough to get the issue resolved and the debt paid. A lien is not good for the title on the property, and most owners will be motivated to settle the dispute. If not, however, you can file a lawsuit. The court can order that the property be sold and your debt paid from the proceeds of the sale. It’s recommended that you hire an experienced attorney to guide you through the process of recording a lien, and filing a lawsuit if it comes to that. Both have specific requirements that must be met. If your lien isn’t valid, then you won’t be able to move forward.

“I want to hire the best attorney in Chicago”

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When people call us for a referral and say they want the “best” attorney in Chicago (or any other area of the state), we tell them that we agree with their high standards but we have an even better approach.

In our experience, there isn’t a “best” attorney out there. There are thousands of attorneys in Chicago, and even more if you look statewide. And each one has unique experience, resources, reputation, connections, personality and skill. What you need to do is take all of this into consideration, along with your unique set of circumstances and your goals, and find the best attorney for you. It might be different from what’s best for the next guy.

We believe in this approach, as we’ve seen it work time and time again. For example, consider the type of case you have. You want an attorney who not only practices in that area, but who has done so for a long time. You also want someone who focuses on just that area of law. We think this makes them better equipped to be successful in your case.

Speaking of success, past success matters, too. You want an attorney who has won cases like yours many times before. Even if they aren’t the biggest law firm out there, if they are really good at a niche area, they’re probably your best bet. Location matters, too. If your attorney is going to be appearing in court on your case, it can help if they are a familiar face around the courthouse. If they have a good reputation, a solid working relationship with the judge and other attorneys, it can give you an advantage.

Resources are important if you have an expensive case. If it’s a big injury case, your lawyer should pay all expenses up front, which can cost them tens of thousands of dollars. You need a firm that doesn’t flinch at this. You don’t want your lawyer making decisions on how to handle your case based on whether they can afford it. You also don’t want them to be afraid of the costs of trial if that’s the best way to go to protect your interests and get you what you want.

Also, think about the more subjective stuff. If you are looking for someone with a certain type of personality, communication style or reputation, keep that in mind. A good match isn’t just about getting the outcome you want. It’s also about trusting your attorney and having a good relationship with them throughout your case.

That’s our approach. If you have questions, let us know.

Disorderly conduct and Illinois criminal law

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“Disorderly conduct” is a criminal charge that applies to several types of situations, a fact that can make it seem a bit vague and even confusing. Disorderly conduct is described as conduct that disturbs the public peace, offends public morals or undermines public safety. It can be charged as a misdemeanor or a felony, depending on what the individual is accused of doing.

The main thing to know about a disorderly conduct charge is that you should talk to an experienced criminal defense attorney about what happened. Chances are, a good attorney will be able to get the charges dismissed. We’ve seen many cases where disorderly conduct was just a default charge because there was nothing else that applied to the situation. If you haven’t broken any laws but you were rude or confrontational with the police, you might end up with one of these charges.

One common type of disorderly conduct is knowingly making a false report to a public safety agency. A false report of child abuse, a fire or a crime is against the law. Another example is when creditors harass or intimidate debtors by calling and using tactics meant to scare or pressure the person they’re contacting. The difference between these two examples just goes to show that disorderly conduct is a catchall.

A conviction of disorderly conduct can include fines and a public service requirement. Incarceration is rare, but possible. Fines can get up to $10,000 in some cases and the community service hours can range from 30 to 120.

In any situation where you’re facing criminal charges, we recommend looking for an Illinois defense attorney who has handled cases with those exact charges in the past. We believe this gives you the best chance at success. In a case of disorderly conduct, your goal is to avoid a conviction. Look or a defense attorney who is local, knows the judges and prosecutors and has a good reputation. Perhaps most importantly, they should be able to demonstrate a history of success in similar cases. Even if you think your charges are unfounded, don’t count on the judge to agree with you. Get an attorney who can put together the best case on your behalf.

How long do I have to sue in Illinois?

to sue 10.08.14In any legal case, it’s important to know the statute of limitations.  In plain English, that means the time limit that you have to bring a lawsuit.

The answer varies based on the type of case that you have. For example, in most injury cases it’s two years.  In most contract cases it’s ten years.  But there are exceptions to everything.  For example, an Illinois medical malpractice lawsuit against Cook County Hospital would have a one year time limit.  On the other hand, if there is a birth injury at a private hospital you would have up to eight years to file a lawsuit.  There are similar exceptions to almost every type of case out there.

We are lawyers and if you want to know how long you have to file a case, you can call us (for free) and we’ll try to help you determine that.  Sometimes we don’t have enough information to answer that question, but when we do we will give you advice.

We’ve also created a specific page that answers some general statute of limitation questions, http://illinoislawyers.com/illinois-statute-of-limitations-faq.asp  There is also a link on that page that provides the Illinois statutes on various areas of law and the applicable time limits.  Please don’t rely on these pages, but use them as a guide.  As we said, there are exceptions so you should always speak with an attorney.

The best advice you can get though is to not delay if you think you might have a case.  While we don’t want to encourage frivolous lawsuits, we do want you to determine what your options are and if there is a valid case.  If you delay because you were too busy, grieving over the loss of a loved one or just didn’t know that a case could exist, you may lose your rights forever.  It’s harsh in some instances, but that’s what the law is so you and we have to deal with it.

And as always if you want an attorney referral or just have general questions, please contact us at any time.  It’s always free and confidential.

What you need to know about switching attorneys

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Although it’s not something you should do on a whim, switching attorneys can be a smart move in some cases. How do you know if you should fire your attorney? Red flags include a complete lack of communication, unprofessional or rude conduct, or a gut feeling that you hired the wrong person. Here are a few things to keep in mind if you find yourself in this situation.

  1. It’s allowed. Usually, you can switch attorneys at any time. It’s up to you, the client.
  2. Sooner is better than later. Although there technically isn’t a deadline, sooner is better. The quicker you realize you need a new attorney and get one set up, the quicker you can get your case back on track. If things need to be undone and redone, giving your new attorney plenty of time is a good idea. Many cases have various deadlines, so keep that in mind when considering a switch.
  3. Don’t be afraid to voice your concerns first. It could help. You don’t want to go through the process of changing attorneys if your issue is just a misunderstanding that can be fixed. On the other hand, if bringing it up makes things worse, then maybe it’s a sign that you should switch.
  4. Do your homework when finding a new attorney. When you’re looking for a lawyer, whether it’s an initial search or you’re looking for a replacement, we usually recommend a few key things. First, make sure they handle lots of cases just like yours. Experience is a predictor of success, in our opinion. Also, ask about their past success.
  5. It shouldn’t cost you more in the end. You can expect your legal fees to be the same whether you switch or not. Your new and old attorney should work out the details. The first attorney will probably expect to get paid for the portion of the work they did on your case.

If you are worried about the logistics, consider finding a new attorney before letting the old attorney go. This way, your new attorney can handle the switch.

What are a father’s rights in an Illinois child custody case?

father r 10.01.14

We get this question a lot. The idea that fathers have rights that are different from those of mothers is a misunderstanding that has been created by the way some family law attorneys advertise. These lawyers try to get clients by suggesting they specialize in “father’s rights,” which makes fathers think they need to hire that type of attorney. It’s just a marketing gimmick.

There is no Illinois law that says a father gets more or less time with his children than their mother. (Note that we are talking about cases where paternity is not at issue.) What you really need if you are facing a custody battle is a great custody attorney. This is far more important than whether the attorney claims to specialize in the rights of one group over the other.

Mothers may have an advantage in some custody cases, but it’s because of the circumstances within their family rather than anything written into the law. We’ve seen plenty of cases where it’s the other way around. What makes the biggest difference in many cases is whether a parent is represented by an experienced custody attorney.

In the eyes of the law, each parent has equal rights. It is up to the court to determine which parent gets custody or if custody is shared. The court’s main goal is to do what’s in the best interest of the child or children. That’s the law. Your attorney should focus on proving that you are the best parent to take care of your kids.

So the answer to the question “What are a father’s rights in an Illinois child custody case?” is that they are the same as any parent’s rights. You have a right to make decisions that affect how your child is raised, and you have a right to spend time with your child.

It doesn’t have to be left up to the judge. If both mother and father agree on a custody and visitation arrangement, and the judge approves it, the outcome can be up to the parents. While we believe mutual agreement is a good way to go, we don’t recommend doing so without the advice of a lawyer who is yours and yours alone. Do not take advice from the other parent or their attorney.

The reality of a low-cost divorce in Illinois

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No one wants an expensive divorce. We get a lot of calls from people looking for low-cost options. Many wonder if they even need an attorney at all.

Illinois has something called a Joint Simplified Divorce. If you have a fairly simple situation and meet the financial requirement, you might qualify. You can get a Joint Simplified Divorce if you have been married for less than 8 years, you have no children or real estate, and you make less than $35,000/year combined. You also have to agree on everything, such as how your personal property will be divided.

Court costs include a filing fee and the cost of serving your spouse with the divorce papers. You may be able to have fees waived if you can show that you have limited financial resources.

Even if you don’t qualify for a Joint Simplified Divorce, your divorce will be more simple, and less expensive, if you and your spouse agree on everything. Don’t forget to consider child support, custody and visitation; property division; division of all assets and debts; retirement plans; and spousal maintenance (alimony). If you and your spouse don’t agree on getting a divorce in the first place, or disagree about any of the issues listed above, your divorce is considered a contested divorce. A contested divorce will take more time, and as a result, it will be more expensive.

We almost always recommend hiring a divorce attorney, especially if your spouse has an attorney. The final agreement you come to can have a significant effect on your future, not to mention the future of your children if you have any. In other words, the stakes can be high and having a lawyer gives you a better chance at a good outcome. Be especially careful – and don’t skip getting legal advice – if your situation involves significant assets, such as a retirement account (yours or your spouse’s), if you have children, if you need financial support from your spouse or if you own a business.

Suing your Illinois lawyer for losing your case

We don’t blame people for being upset when their case doesn’t turn out as they’d hoped. The legal system is adversarial. When you have one side against another, someone is going to lose. But how do you know if it’s your lawyer’s fault?
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There are so many factors that lead to the outcome in a case, whether it’s an injury, debt collection, divorce or employment issue. When a case is lost, it’s natural to search for a reason why things turned out the way they did.

Legal malpractice is a real issue in Illinois, and if your lawyer’s misconduct cost you your case, you might have a case against them. The goal of a legal malpractice lawsuit is to prove that your lawyer made an unreasonable error and get reimbursed for any financial loss you suffered as a result.

First, you have to prove that your lawyer screwed up, and not just that they made a bad call or chose the wrong strategy. Lawyers have to make judgment calls, and they’re not always right. In order to win a malpractice case in Illinois you have to prove that reasonable lawyers in a similar position would not have done what your lawyer did. A classic example is missing an important deadline that ruins the entire case.

The second (and often more difficult) part of an Illinois legal malpractice case is proving that you would have won your case if your lawyer hadn’t screwed up. Unless they caused the loss, they won’t be held liable for it. A legal malpractice case is essentially two cases in one.

You also have to prove what your lawyer’s mistake cost you. If you were suing to collect a $20,000 debt, then it’s fairly clear that you lost out on $20,000, if you can prove that you would have won, of course.

We know all of this can sound overwhelming. The first step, however, is not. There are experienced legal malpractice lawyers in Illinois who handle these cases frequently. You want someone like this if you are thinking about suing your lawyer. Set up a consultation and get their opinion on whether you have a good case. It shouldn’t cost you anything, and it’s confidential.

Illinois law says that you have two years to sue for legal malpractice. This is the statute of limitations; if you miss it, you can no longer sue. The two years starts when the malpractice occurs or when you first realize (or should have realized) it. The date can be difficult to pinpoint, so don’t make an assumption. Talk to a lawyer who knows what they’re doing.

See also: Fair Debt Collection Attorney Chicago Illinois

Being rear-ended will help me do my job better

rear end crash

One of the best things a lawyer can do is show the ability to relate to his or her clients.  When I’ve been in that situation myself it helps me relate better to callers.  For example, years ago I tore my rotator cuff.  When I talk to people with the same injury it helps me relate to what they are going through.  I’ve never been divorced, but know many people that have.  So I feel that I have a good understanding of what the people who call me looking for an Illinois divorce lawyer referral are going through.

I don’t necessarily want to relate to most of the calls that I get on the phone.  Who would choose to go through a divorce or have a loved one die?  But life gets in the way and things happen that aren’t always great.  Sometimes that allows me to relate to callers if I look on the bright side of things.

That happened over the weekend.  I had taken my older son to a  movie and we were driving home.  We stopped at a stop light and were in the middle of talking to each other when WHAM!!!, we were struck from behind.  That had never happened to me before.  I was ten yards from the car in front of me and had my foot pressed on the brake pedal.  That didn’t prevent me from being thrust forward and hitting the car in front of me.

It was a scary moment because we were hit really hard.  Before I could look back to check on my son, a panic rushed through me that he was hurt.  Fortunately, other than being a little scared, he was fine.  I was a bit in shock too.  I’ve been a little sore since this happened, but haven’t felt the need to see a doctor yet.  The driver in front of me was ok and the driver that hit me was too.  My car on the other hand had the back bumper ripped off and the front bumper isn’t looking too pretty either.

I asked the woman who hit me what happened and she said that she looked down to see who was calling on her cell phone. The next thing she knew is that she hit me.  The cops were called, she got a ticket.  I talked to my insurance and they are going to take care of everything.  It’s a big hassle, but I know that it could have been much worse.

The silver lining is that I will be able to relate to anyone that calls me looking for a car accident lawyer.  In the short time this happened I went from scared, to mad, to happy, to annoyed.  Once the emotions cooled down I became more big picture ok with everything.

It’s not as if I couldn’t do my job before this, but any time I can relate to someone it makes me and them feel better.  So I’m not thrilled about what happened over the weekend, but it could be worse and there are some positives.

“I can’t afford a big time lawyer”

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We hear this a lot. And we get it. Many people can’t afford to pay hundreds of dollars an hour for legal help. The good news is that in a lot of cases you don’t have to.

For many kinds of Illinois legal cases, your lawyer’s fee will be a percentage of what you recover in the end. There are no up front or out-of-pocket costs. This type of arrangement is called a contingency fee. It’s good news to people who are looking for legal recourse but don’t have a lot of cash on hand. It makes a “big time lawyer” accessible to anyone.

If you are injured, you likely have a case where you would pay a contingency fee. Your lawsuit, if you choose to file one, would be for damages. It’s your lawyer’s job to prove the amount of your damages and recover money for you to pay for your legal bills, any time that you were unable to work and even compensation for your pain and suffering.

Injury cases are the most common type of contingency fee case, including medical malpractice, workers’ compensation, nursing home abuse and other personal injuries. In these cases, you might settle for a certain amount, or go to trial and have a judge or jury determine what you will be awarded. Your lawyer would then get a portion, as their fee.

On the other hand, if you have a case where you aren’t suing for a sum of money, then you should expect to pay an hourly fee, or in some cases a flat fee (for more routine legal work, like writing a will, for example). In these cases, the big time lawyer might not be an option for you. In a divorce, for example, you’ll probably be more concerned with what your lawyer charges than you would in an injury case. You’ll also have to put down a retainer, which is usually a couple thousand dollars. Your lawyer will take their fee from the retainer as they do the work.

The bottom line is that before you decide you can’t hire a large law firm downtown, know what kind of fee your lawyer is going to charge. In a contingency fee case, it’s not going to be that different; most lawyers – big and small – charge about 1/3. Plus, you don’t have to pay anything until your case is over. And if you lose, there is no fee.

Don’t assume you can’t afford the attorney you want. Give us a call. We will talk to you for free and explain legal fees, whether you need a big firm, and other aspects of hiring an Illinois lawyer. Our goal is for you to learn about all of your options.

See also: Finding A Chicago Legal Malpractice Lawyer

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