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Illinois Law Blog

We have helped hundreds of people who have been the victims of sexual abuse in Illinois. Most of those people have been forcibly raped or assaulted in some way. Whatever acts occurred were not consensual in any way.

It’s also possible to have a sexual abuse lawsuit when the sex is consensual. In fact, we have helped people sue a lot of Illinois doctors and lawyers who were sleeping with their patients or clients. but not raping them.

How can you sue a lawyer or doctor in Illinois for consensual sex?

The answer is that if your doctor is actively treating your or your attorney is actively representing you, they have a balance of power over you. In other words, even if it appears consensual, they can manipulate or control you in an unethical way.

So if you are a criminal defense attorney and sleep with your client, there could be at least an appearance that they won’t do the best job for you if you refute their advances or break it off.

The same goes for doctors. It’s most common with psychologists, but it can happen with any medical practitioner. It’s most gross with psychologists as you are talking to them for help which makes you vulnerable with them. We’ve also seen this with plastic surgeons and OBGYN’s.

For all sorts of professionals, there are ethical guidelines about your behavior. Right at the top of the list is that you can’t sleep with your clients.

There’s not an exception because it’s consensual or you both really want it. If you and your attorney want to get together, they should fire you as a client before anything happens. I’ve actually seen that happen in a lot of divorce cases where a lawyer and client get emotionally close. Even in that case, it’s in my opinion inappropriate for them to start a relationship with you. But it’s definitely a lawsuit if they do and continue to represent you.

And if you and your doctor want to date or sleep together, they should fire you as a patient first. And just like with a lawyer, this means that they should make sure you have new representation before anything happens. And for both professions, the new representation should not be in the same practice or firm.

If you have any questions about this or were in any sort of sexual relationship with a licensed professional who you also hired, we’d love to speak to you for free and in confidence. Call us at 312-346-5320 any time.

We talk to 5-10 injured Illinois workers every single day. Since we started in 2001, we have proudly helped tens of thousands of injured workers. I thought it would be interesting to list various scenarios we’ve heard so far in 2025. The lesson is that a lot of injuries are common, and workers get hurt in all sorts of ways.

Here are 100 examples. There are repeats of fact patterns as we listed them in the order they were received. If you want to speak with a lawyer for FREE, call us any time at 312-346-5320.

  1. A worker at a big shipping company has to have annual hearing exams and has lost hearing due to it being such a loud environment.
  2. A delivery driver hurt his leg and returned to work with restrictions. Those restrictions aren’t being followed which is making the injury worse.
  3. Laborer at a huge company smashed his hand when he was ordered to do work he hadn’t trained on and wasn’t given proper safety procedures.
  4. A RN has PTSD and an arm injury after being attacked by a patient.
  5. We were called by a guy who tore his ACL and went to the hospital. He wanted to leave as he was in pain and had seen the doctor. His employer sid he had to stay until he was drug tested. By the time he called us it had been three hours and he wanted to know if he could leave.
  6. A woman with a back injury at work was at home when she had a shooting pain in her back that caused her to lose her balance and fall, resulting in a broken arm.
  7. A caller wanted to switch work comp attorneys since his lawyer was rude to him and often didn’t call back.
  8. A delivery driver was injury when a customer backed their car into her.
  9. City worker injured his back when a chair broke. He delayed seeing a doctor for three weeks so his case was denied.
  10. Injured worker wanted to switch lawyers because they felt they were being pressured into taking a low settlement.
  11. Spanish speaker was told they weren’t allowed to file for work comp because they hadn’t been on the job long enough (that’s not a thing).
  12. Truck driver who was paid as a 1099 was injured while making a delivery for a Chicago area trucking outfit that calls all of their drivers 1099’s. They have control over him so he should be classified as an employee.
  13. Another 1099 truck driver (there are so many who get misclassified) tore his labrum when he slipped off the truck.
  14. Woman works from home for a school and types all day and has carpal tunnel.
  15. Worker got a settlement offer without a lawyer and wanted to see if it was a good offer. We determined she’d need a future surgery which made the case worth a lot more money.
  16. Material handler is on their feet 8-10 hours a day and has to wear steel toed boots. They’ve developed plantar fasciitis.
  17. Amazon worker has work restrictions and says the company is making her sit at the plant all day and do nothing.
  18. Cashier was robbed at gun point and has severe PTSD which is being fought because she treated for a separate psychological issue two years ago.
  19. Guy who types all day was told he has carpal tunnel, but can’t get an EMG, the test used to prove carpal tunnel, for over four months.
  20. A worker who fell off a ladder and has a brain injury was seeking help because his TTD checks are always late.
  21. Woman fell at work and hit her head. She was diagnosed with a concussion. A week later her shoulder started to hurt. She has a torn rotator cuff. The insurance company is disputing the shoulder injury part of the case.
  22. A Coca Cola worker hurt their back while lifting materials.
  23. A CNA hurt her arm on three separate occasions while lifting patients.
  24. An Amazon worker who wears special shoes and pulls pallets has plantar fasciiitis.
  25. A guy with a neck injury has been treating for over six months, but had his benefits cut off after a IME.
  26. An injured worker applied for short term disability benefits and called us for that. Didn’t know that work comp was a thing and we helped him get those benefits.
  27. Special education teacher has a leg injury after a student threw a chair at her.
  28. A caller wanted to know what the new PPD and TTD rates are for 2025.
  29. Factory worker hurt his back. His boss said, “I don’t care what the law says, we aren’t turning this into our work comp insurance.”
  30. A different factory worker says his boss told him to lie and say he was hurt at home, with a promise they’d pay his bills. We see that type of lie all the time.
  31. A custodian hurt his knee but was having trouble getting benefits because he’s essentially illiterate so he can’t fill out the paper work in the way the insurance company is requiring.
  32. A RN hurt her back when she fell on a floor that was soaked in urine from a patient’s catheter bag being punctured.
  33. IT worker broke his foot, had surgery and then got fired.
  34. A security officer at his school hurt himself breaking up a student fight.
  35. An executive at a company broke his leg while taking clients out to dinner when he stepped in a pot hole.
  36. Cashier at Sam’s Club for over ten years reached out to ask how to prove that their carpal tunnel is work related.
  37. A business man hurt his shoulder on the job and wanted to switch lawyers because his did not communicate. He had to take money out of his 401k since his TTD checks were late.
  38. Teacher had to go to the district office for a work meeting and got into a car accident on the way back.
  39. A downstate mechanic wanted to have a lawyer on the case before he went to the IME the insurance company requested.
  40. Work comp insurance company told a worker they’d cover everything, but they won’t return phone calls from his PT facility so he can’t get treatment.
  41. McDonald’s manager had a slip and fall from what he thinks was a greasy floor and hurt his elbow.
  42. A suburban machine assembly worker has been doing the same job for years and has been diagnosed with DeQuervain’s tenosynovitis.
  43. A woman works on copy machines including repairs and deliveries. She has a shoulder injury that she and her doctor believe is from overuse.
  44. A flight attendant fell from turbulence and broke their hip.
  45. Construction worker with a herniated disc had his case denied due to a pre-existing condition even though his orthopedic doctor was in his corner.
  46. A guy had shoulder surgery after a work injury, but called because the insurance company is refusing to make a settlement offer.
  47. A refugee with a work visa was told that only citizens are eligible for Illinois workers comp benefits. This of course isn’t true.
  48. A business traveler went to the Netherlands for work. Couldn’t get a car out of the airport so they walked two miles to their hotel and somehow tore a meniscus doing so.
  49. Airport shuttle driver blew out his shoulder while helping a passenger with their luggage. The case was denied since he didn’t go to the doctor for a week.
  50. Injured worker wants to switch attorneys because their TTD keeps starting and stopping and they don’t feel like their lawyer is doing anything about it.
  51. FedEx driver out of Illinois was hit by a car making a deliver in Missouri.
  52. Welder in central Illinois tore his labrum, likely due to so much overhead work.
  53. Home health aide took a client to the bathroom. The aide wears a gait belt. The client pulled on that to try to help lift herself off the toilet which caused the care worker to fall.
  54. A guy who was hurt three years ago and has seven arm surgeries called us because he was back at work on restrictions and the company doctor was saying he should be good as new by now.
  55. IDOC guard hurt his hip breaking up a fight.
  56. Worker with a back injury wanted a second medical opinion and wanted to make sure they did it the right way so they didn’t get stuck with the bills.
  57. A Granite City nurse felt the adjuster was blowing her off as she’s waited over a month to find out if her claim was approved.
  58. An Amazon worker wanted to get a new lawyer because the lawyer she hired had her sign an overly broad medical release form.
  59. In one of my favorite calls, a woman wanted a new lawyer because she realized that the attorney she hired is full of it. That’s because he lists a “Top 10 lawyer in the nation” award on his website and she learned that is just an award that anyone who is willing to pay for it can get.
  60. A woman fell and fractured her elbow. When she tried to see her orthopedic doctor the insurance company insisted she instead go to an urgent care.
  61. Butcher tore his rotator cuff from repetitive use of his right arm.
  62. Worker fell and hurt her knee. The employer made her stay for four more hours since there was nobody available to cover her shift.
  63. Mechanic got a hernia while lifting an engine.
  64. Steel fell on the foot of the person who called us. All x-rays are normal, but he’s still in terrible pain and nobody knows why.
  65. A streets and sanitation worker hurt his back filling a pothole.
  66. A grocery store worker “wrenched her body” when she fell in the freezer.
  67. Guy hurt his back at work and when he returned after missing two months they cut his wages and hours.
  68. A landscaper had over 50 stitches on his leg after he was cut with a blade.
  69. A woman hurt her knee at work. Had an injection because the company doctor suggested it and now she feels worse.
  70. Walmart worker has a back injury with a surgery recommendation. They don’t want the surgery, but are not able to get approved for a second opinion.
  71. Belleville worker has a back injury and wants a lawyer because the insurance company said he has to let a nurse case manager attend the appointments. This is not true.
  72. A machinist caught his hand in a machine and had to have surgery.
  73. Warehouse worker saw a co-worker get run over by a forklift and got PTSD.
  74. Worker hurt his back and hip and then took a vacation with his girlfriend. She posted pictures on Instagram so now the employer is questioning if he’s really hurt.
  75. A caller was hurt at work twice. The first one he didn’t report because he was scared he’d lose his job. The second he did and went to the ER. Now two years later he discovered that bill isn’t paid.
  76. Temp agency worker fractured his foot and doesn’t want to do the light duty work he’s been assigned.
  77. City worker was shoveling snow and tore a muscle in his shoulder and hurt his elbow.
  78. Machinist was diagnosed with a shoulder injury, but it turns out it’s a neck injury. The insurance company denied the case because his initial complaints were to the shoulder.
  79. A secretary was fired for leaving her desk to go to the bathroom. She thinks it’s really because she was hurt at work and now wants help with the work comp case.
  80. A drug and alcohol counselor was attacked at a facility due to there not being enough staff/security.
  81. A Michigan worker was hurt in Illinois two years ago and filed a case there. He just learned he could file a case here and is doing so because the benefits are much better.
  82. A counselor at a prison fell and hurt her back.
  83. A worker hurt her elbow at her job and then quit. She’s been on a new job for four months and the elbow is feeling much worse.
  84. A nurse was injured on the job and working on light duty. She got suspended for poor service and wanted to know if she should get paid while off work since she’s on work restrictions. The answer is yes.
  85. A doctor hit his head and has been off a year. Felt it’s time to get a lawyer.
  86. A 7-11 worker went outside for a smoke break and slipped on ice, breaking her ankle.
  87. Delivery company worker was attacked by a co-worker who felt they weren’t pulling their weight.
  88. A University employee was required to park in a certain parking garage that is just for employees and broke her wrist when she tripped over a curb she couldn’t see because it was dark.
  89. Deli worker lacerated his hand and was referred to a specialist for a nerve injury. Can’t get a call back to get this treatment approved.
  90. A warehouse worker tore his rotator cuff. His case is under investigation because he hurt the same shoulder in the military about ten years ago.
  91. A manager at a fast food restaurant was back at work following treatment for a non work injury. A week into his return he slipped because the ice machine wasn’t working and broke his elbow.
  92. A concrete cutter was hurt lifting a slab and is in terrible pain. His doctor said he shouldn’t do that type of work any more.
  93. Caller fell off a roof and hurt his shoulder from trying to grab a tree branch on the way down in order to slow his fall.
  94. A carpenter shot himself in the hand with a nail gun. His boss says he shouldn’t get work comp since it was his fault. That’s not the law.
  95. An injured worker has a lawyer but wants to switch because every month he’s told they are going to court and then nothing happens. Says it’s been this way for 11 months.
  96. Woman called for her fiance who was in the hospital. The truck he was driving flipped over after it blew a tire.
  97. A construction worker’s boss made him work at his home and he fell off a ladder while doing that.
  98. A nanny was walking the kids to school when one fell down and dragged her down with them causing a knee injury.
  99. A City worker with a back injury says “I hired one of those billboard guys which was a huge mistake. They are so busy and I can never get a lawyer on the phone. I want a new one.”
  100. A contractor for a big delivery company tore his Achilles while running from a dog.

We were able to help almost all of these callers which is the best part of this job. Please call us any time for a free consultation.

See also: Does Your Illinois Attorney Hate His Job?

We are experienced Illinois lawyers. Contact us at 312-346-5320 for a free consultation about medical malpractice lawsuits.

When you’re having a medical emergency, every second counts. Having a delay in care can lead to serious or life-changing consequences. One of the scariest situations is when a doctor or hospital doesn’t recognize the signs of a stroke. A stroke is a true medical emergency, and if it’s not caught and treated right away, it can cause permanent brain damage, problems with walking or speaking, or even death. If something like this happened to you or a loved one, you may have a case for medical malpractice.

A stroke happens when blood can’t get to the brain like it’s supposed to. This cuts off oxygen and can start damaging brain cells quickly. There are two main kinds of strokes. One is called a hemorrhagic stroke, which happens when there’s bleeding in the brain. The other kind is an ischemic stroke, which happens when a blood vessel to the brain gets blocked. An ischemic stroke is more common. It can happen as you are going about your daily life or during a medical procedure.

Some of the warning signs of a stroke include sudden numbness or weakness in the face, arm, or leg (especially on one side of the body), trouble speaking or understanding others, confusion, vision problems, dizziness, trouble walking, or a really bad headache that comes out of nowhere.

Because strokes can get worse fast, getting help right away is critical. There are treatments, like clot-busting drugs or surgery, that can make a huge difference. Getting the right care quickly might mean the difference between making a strong recovery or living with serious disabilities or worse, death.

Unfortunately, strokes are still missed way too often by medical professionals. This happens more with younger people, or when someone doesn’t show the “typical” symptoms, or when they don’t have the usual stroke risk factors. Some of the biggest mistakes doctors make include brushing off symptoms like dizziness or headaches as something minor like migraines or anxiety. In other cases, they don’t order the right tests, like a CT scan or MRI, or they wait too long to give treatment. Sometimes doctors rush through an exam and miss the signs altogether.

If you or someone you care about had a stroke in Illinois and the doctors didn’t catch it or treated it too late, we want to help. You don’t pay anything to start a case, and we’ll make sure one of the best firms in the state reviews your situation. These cases can be worth millions of dollars because of the lifelong care stroke victims may need. Call us any time at 312-346-5320. We help people all over Illinois.

We have been helping people find the best Illinois lawyer for their case for 24 years. We also give free legal guidance. Here are 10 reasons we have been successful and why we are unique.

  1. We will talk to you in a way you can understand. We minimize the lawyer jargon and try to be as clear as possible with our assessment of your situation. Our attorneys’ talk like regular people and don’t beat around the bush.
  2. If you don’t need a lawyer, we will tell you. It may be too early for you to hire a lawyer, or maybe you won’t need one, period. Maybe you don’t have a good case. We do not want you to waste your money and will not lead you on.
  3. We have been in business for over 24 years. We are very experienced in assessing people’s legal situations and pointing them in the right direction. You are in good hands.
  4. You can reach us in a variety of ways and fast. You can do an online chat, you can call us, or you can fill out our contact form and we will call you. If you want us to contact you at a particular time tomorrow, for example, we can do that. Our service is convenient and built for your preferences. Every day people are shocked at how quickly they can connect with a lawyer.
  5. We believe in the attorneys we recommend. If we give you a referral, that means we are directing you to an experienced, reputable attorney who is attentive to their clients and will give you the best chance of success. We have confidence in them, and we would make the some recommendation if a friend or family member was in the same situation.
  6. Our service is free! We will share our legal knowledge and attorney referrals with you at no cost. Again, we do not want you to waste your money. There is no catch.
  7. Everything you tell us in confidential. There is no reason to be nervous or embarrassed. Over the past 20+ years, we have heard it all. We value your privacy and rights.
  8. Take this item off of your “to do” list. Contacting us is the first, easy step in making progress towards your goal. Maybe it’s a work injury and the insurance company is hassling you. Maybe you are the victim of medical malpractice. The longer you wait, the more difficult your situation may become. We don’t want you to miss the statute of limitations.
  9. We can help you right the ship. If you are not happy with your current lawyer, we can likely help you find someone to take over your case. We recommend lawyers who are responsive, experienced, and focused on their clients’ needs. We don’t want you to “settle” with a subpar lawyer.
  10. There is no pressure or sales tactic. If we refer you to a law firm, there is no obligation, to hire that attorney. We just tell you what we would recommend to a friend or family member in the same position as you. Ultimately what happens is up to you.

We love helping people. Feel free to call us any time at 312-346-5320.

A reader of our blog asked us the following:

I was hurt on the job and have a back injury. I’ve been off work for three weeks now. When do I start getting paid work comp benefits. I have bills!

This is a really common situation. The answer is that you should get paid within the first two weeks of missed time. Under Illinois workers’ compensation law, benefits start on the 4th calendar day of missed work. Once you miss 14 calendar days, you get those first three days back too.

It’s important to remember, calendar days is not actual work days missed. In other words, if you get hurt on a Thursday, miss work on Friday and Monday, but are back to work on Tuesday, you are still owed for the one calendar missed even though you don’t work on the weekend. These lost time payments are called temporary total disability or TTD benefits.

Insurance companies will often delay payment of TTD benefits like they did in the above example. It often happens for bogus reasons such as them saying they are still investigating, need more information, are waiting on medical records or for no reason at all. They can’t just not pay until they feel like it.

Unfortunately they will delay or deny benefits to put pressure on you. In longer term injuries with a lot of missed time, some checks will be late or “lost” or they’ll refuse to do things which can result in you being paid quickly such as direct deposit.

The only efficient way to push back if this happens is to hire an attorney and have them file a 19b petition as well as a petition for penalties and fees. The first petition gets your case before an Arbitrator much faster than it could otherwise. The second punishes the insurance company for their unreasonable delay in making the payments that they owe you.

And it is unreasonable and unlawful for them not to pay you if a doctor takes you off work for a work injury and they don’t have any actual evidence to counter that. Fortunately, Illinois work comp laws are really strong and there is a good way to push back. Beyond that, getting an attorney who knows what they are doing helps stop any other nonsense you might not be aware of such as them talking directly to your doctor.

If you have been hurt on the job in Illinois and have any questions or want an attorney referral, please fill out our contact form or call us to speak with a lawyer for free at 312-346-5320.

If so, we’d like to speak to you for free and in confidence at 312-346-5320. A lawyer we know is interested in bringing a class action against Elon Musk for his response to the protests. Attendees in Chicago are preferred, but could be from anywhere. Please reach out if you were there. Thanks!

For 24 years now we’ve been giving people free Illinois legal guidance and attorney referrals. While I can’t always guarantee you’ll like what I have to say, I can promise that you can ask me legal questions and I will tell you the truth. Here are some good ones that we’ve received over the last few months. If you have any questions, give us a call at 312-346-5320 or fill out our contact form.

I’m a convicted felon. My mom died and left everything in her estate to me, and then me the executor. Am I still allowed to be the executor?

In Illinois, felons are not allowed to be the executor of an estate. Hopefully a backup executor was named.

Does not being married matter when it comes to child custody? My ex is saying since we weren’t married I have no rights.

Marriage has nothing to do with Illinois custody laws. Custody is based on the best interests of the child. That relates to safety, health, education, the impact a parent can and does make, your background and many other things. Whether or not you were ever married never comes up in court on these cases, at least not in a legally relevant way.

What is a rule to show cause?

A rule to show cause is an order by a Judge in a case, requiring one of the parties to explain to the Court why a motion or request by the opposing party should not be granted. For example, if you haven’t paid your child support and the other party to the case wants you held in contempt of court (which could mean you’d go to jail, lose your driver’s license or have another punishment), a rule to show cause gives you a chance to justify or explain your side of the story. It’s a serious issue and one you’d typically want to have a lawyer deal with.

Can I be fired by text without reason?

We get a version of this question every week. The answer is yes. Is it classless to fire someone by text? Probably unless it’s a safety issue. Is it legal? Also yes. Your employer doesn’t owe you, legally speaking, any professionalism in their behavior. And they can fire you for any reason unless it’s an illegal one such as terminating you for your race, religion, getting hurt at work or something else protected under the law.

My car got stolen off the street in Chicago. Can I sue the City for not doing anything about the high crime rate?

That would not be a successful lawsuit. In general, nobody is responsible for the criminal acts of other parties. And the City isn’t liable just because it happened in Chicago or they aren’t as aggressive as some people want them to be when it comes to crime.

We hope this advice helps. Please reach out to us any time if you need anything.


I’ve always paid my employees for all of the work that they do as does any good employer. Of course not every Illinois employer works that way or treats their employees well. We’ve seen a handful of wage theft issues lately and thought it would be helpful to know what some employers are doing so you can look out for them.

A recent caller had a situation we see a lot and the best response is to sue on a class action basis to stop it. His employer will round up 15 minutes if you clocked in early and other times round down when you clocked out. Over a year it cost him hundreds of hours of pay. This is blatant wage theft and completely illegal. You should be paid for every minute you are working which means every minute you are on the clock or doing off the clock work.

Speaking of which, there a shocking number of companies who ask people to work off the clock. That’s not cool or legal. It’s most common in restaurants and bars. Maybe you show up and they ask you to help move a table or clean something before you clock in. Maybe after you clock out they notice something that needs assistance. It’s not legal. We see this a lot with all sorts of nurses too. If you walk into the building and a resident needs help getting from their chair to their room, it’s not easy to say no.

A different type of wage theft is assuming that you are taking a 30-60 minute meal break every day and not paying you for that time when you actually work. With some employers it’s as shameful as them requiring you to skip lunch because they are too busy. When that happens, you should get paid. This is another one where nurses get burned as well as factory/warehouse workers and others.

And the biggest one we see is tip theft. So many stores have computers that allow you to tip at checkout. Those tips shouldn’t be going to managers or owners. That is your money. They illegally take it all of the time. One store we looked into was taking the tips and using them for employee parties and gifts. They might have felt that they were doing something nice, but they in reality were stealing the workers’ money.

Not paying workers is theft. People don’t look at it the same as when someone shoplifts from a store, but it’s exactly the same thing. They’d certainly get you in trouble if you committed time card fraud. They shouldn’t get away with it when it’s them who are the thieves. And the general public should be more outraged by this as it happens all of the time, even at huge corporations making millions or billions of dollars a year.

The good news is that if you bring a lawsuit for this wage theft, you can sometimes get up to three times what you are owed and your lawyer fees paid. We’ve been able to help a lot of people and would love to help you as well. Please call us any time at 312-346-5320 to speak with a lawyer for free.

In just about every Illinois injury case we get contacted about, the top question on everyone’s mind at some point is “What is my case worth?” We hear that a lot in the beginning of a case and can’t answer that as we don’t know what your ultimate recovery will be. And of course we hear these questions later on and usually can give a better answer.

A client recently asked a different version of this question by saying, “What would be a good settlement for this case?”

That’s a great question. The answer requires an understanding of how these cases work in reality.

The first thing to know is that just because a friend or someone else got a certain dollar amount for a certain injury, that case has no bearing on yours as every case is factually different.

There are three big factors that play a role in what a case is worth. The first is what are the facts and how much liability do you bear versus the other person. If you get rear-ended at a stop light, it would seem like you have no fault. But if it’s dark out and you didn’t have your lights on, you could have some fault. If you are 30% at fault for an accident, a $100,000 case becomes worth $70,000. In every case you can bet the insurance company is trying to put as much blame on you as possible even when it seems ludicrous. Giving you even just 10% fault saves them money.

The second factor is damages. The more serious you are hurt, the more a case is likely worth. Someone who has to miss six months of work will have more damages than someone who misses none. Someone who breaks there leg and just gets a cast will have a case worth less than someone who needs surgery. And the higher your medical bills, the more often the case is worth more.

But it’s the third factor that often ultimately determines what a case is worth. That is how much insurance is available to go after in this case? The reality is that if you are hit by a city bus or a semi truck and suffer a serious injury, that case will be worth way more than if you get hit by a teenager who has a $30,000 insurance policy. Even if you have a half a million in bills, the chances of collecting any more than the insurance policy are almost none unless the person who hit you is somehow worth a lot of money or there is someone else to sue.

This all can be very unfair. Some cases that would be worth millions end up being worth just thousands. Medical liens can eat up all of that if you don’t have a good lawyer advocating for you to reduce them.

There are other factors too that you wouldn’t think about. The value of a catastrophic case with a lot of insurance – or if you are going against a big company, no limit on insurance – is worth more in the hands of some law firms than others. In other words, one firm might get $2 million on a case where a better, more experienced firm could get $5 million.

Some firms are just more experienced and better at this than others. In one case we got involved with, a small firm was telling someone to take a $100,000 settlement, telling them that is all that’s available. We got them to a more experienced firm who discovered there was an additional $1 million insurance policy.

Overall the answer is that the goal should be to get the most that a case can be worth. We can help you find the right Illinois injury attorney to make that happen. If you’d like a free consultation, please call us at 312-346-5320.

Out of fear of being sued for legal malpractice, trying to get rid of a case they don’t want or general cowardice, Illinois attorneys will lie to potential and existing clients. These aren’t done maliciously or because they are bad people, but often for financial reasons.

For 24 years now of helping people find the right lawyer for their case, I’ve always told people the truth even when that meant explaining why I can’t help. A lot of these people come to me after talking to other attorneys. They share what they are told and it’s often clearly a lie. Here are five fibs I hear a lot.

  1. You have a great case, but I’m just too busy right now to take it on.

Attorneys like to make money. If you have a great case, they will make time for it. If an attorney tells you they are too busy, they are giving you false hope and sending you off to call a bunch of other attorneys letting you think you have a great case when you don’t.

It’s easier for the attorney to take that approach and tell a lie, rather than to be honest and tell the person something they don’t want to hear or explain why you don’t have a case.

Even though people might not like what I tell them, I truly am trying to help. Some people appreciate being told the truth, but many others just can’t handle the truth. Would you rather have an attorney give you the hard truth or give you false hope and have you waste your time searching for a lawyer who isn’t “too busy?” Either way, if you call back the “too busy” attorney and tell them you have a new case involving a relative who was killed by a semi truck, I promise you that they will suddenly have all of the time in the world.

  1. I can tell you what your case is worth even though your accident just happened.

This is just not possible. There are too many variables, especially in the initial consultation, for an attorney to tell you what your case is worth. Even after the important facts in the case have been gathered, an attorney can’t predict exactly what settlement offer the defense will make, if the case will go to trial, what treatment you will have or what evidence may pop up.. And just because they got a huge settlement for someone with a case like yours doesn’t mean that you will get the same settlement.  

  1. I guarantee that if you hire me, you’ll win your case. We have a 99% success rate.

Again, this is not possible to guarantee a win. First of all, the definition of “winning” and “success” is subjective and varies. In the vast majority of civil cases, there is no clear-cut winner or loser. Two people could have the exact same injury for example, and one person might consider a $50,000 settlement a success, while the other might have higher expectations and consider that settlement a failure.

My service does not guarantee success, but I do guarantee that I only refer cases to attorneys that I would send a family member or friend to. Those lawyers are narrowly focused in what they do and have a great track record. But anyone who guarantees you anything is just trying to sell to you.

  1. For sure I can handle your case (even though they focus on a different area of law)! 

Unfortunately, some attorneys see dollar signs and take on cases that they aren’t experienced enough to handle well. A divorce attorney, for example, might get a call from a former client who was severely injured in a car accident. They technically can represent that client, but it would not be in the client’s best interest. The attorney should refer them to a law firm that focuses on personal injury cases and has demonstrated a track record of success. They think it won’t be a lot of work, but often mess up. We’ve sued a bunch of lawyers over the years for screwing up cases they never should have handled in the first place.

The key benefit of our referral service is getting you to the best attorney for your specific situation.

5. I will be your attorney.

This one sounds like a weird lie, but it happens all of the time. You think you are hiring the main partner at a firm, but you never get to talk to them. It turns out that their paralegal, secretary or a junior lawyer is doing all of the work and is your only point of contact. There’s nothing wrong about working as a team. But if the attorney you think you are hiring is never involved and knows nothing about your case, that’s a huge red flag to me. Sadly that happens a lot. I know one lawyer who advertises a lot and puts his name all over billboards, but doesn’t get involved in the day to day handling of his cases. He’s a marketer, not an attorney.

When we recommend an attorney to you, they will be your main lawyer and main contact.

As always if you have any questions or want a free consultation, call us any time at 312-346-5320.

See also: Does Your Illinois Attorney Only Have Three Seconds For You

Since 2001, we have helped hundreds of people who are victims of sexual abuse in Illinois. For a free, confidential consultation with an attorney, call us at 312-346-5320. We cover all of Illinois.

We have been proud to help so many victims of sexual abuse and assault get justice by suing their attacker. There are a lot of misconceptions about this area of law. Here are ten things you should know.

  1. Victims have two options. They can pursue criminal charges and they can sue the scumbag that harmed them for monetary damages. That may also include going after their employer if it was a situation like a teacher or doctor who violated you.
  2. To pursue criminal charges, you call the police. They and the State’s Attorney of the county where it happened are the ones that can bring a criminal case.
  3. Private lawyers are the ones that bring civil lawsuits. That is why people come to us as we have a track record of success in helping people.
  4. It isn’t required that you file criminal charges, but it can certainly enhance your case both with your credibility and gathering of evidence.
  5. Whether or not a civil lawsuit makes sense often comes down to does the defendant have anything. Suing a 16 year old for rape likely wouldn’t result in getting anything from them even if you get a judgment. You still have to be able to collect. On the other hand, if the rape occurred because their parents supplied alcohol, you’d be able to sue the parents and would have a much better shot. We always go through who possible defendants could be when we evaluate your case.
  6. Illinois lawsuits for sexual abuse are handled on a contingency basis. That means your lawyer won’t get paid unless you make a recovery. If you do, the attorney will receive a percentage of what the settlement or judgment is, usually 1/3. If nothing is recovered, you owe nothing.
  7. There is no set formula for determining damages in these cases. Generally speaking, the worse the act, the more a case is worth. In other words, a violent rape with penetration would likely be worth more than a lawsuit for someone rubbing you through your clothes. Both are wrong of course. Some things we look at in making a case include: Are there any hospital bills for an injury; Do you have therapy bills?; Did the assault cause any pain and suffering?; How has this experience impacted your life?; Do you have any documented PTSD?
  8. A big concern a lot of clients have is will they have to see their attacker in court? The answer is it depends. If the case goes to trial then you will. If it does not then you can likely avoid them. People also want to know if they can remain anonymous. Most of these lawsuits are filed that way, although there’s no guarantee it will stay that way.
  9. Sexual abuse sadly occurs in a lot of trusted settings like schools, churches, day cares, hospitals and rehab centers. It also occurs often on the job. If that happens, you may have a lawsuit against the attacker and possibly a workers’ compensation claim against your employer. If the employer knew that this person was prone to this type of behavior, you may be able to sue them as well.
  10. Aside from compensating you, the goal of any sexual abuse lawsuit in Illinois is to prevent the same type of behavior from happening in the future. Lawsuits are a great way of doing that as it can discourage the bad person and also put others on notice to look out for them.

We are very sensitive to these cases and promise to treat you with compassion and be the strongest advocate possible for you. If you’d like to discuss a possible case, please call us any time at 312-346-5320.

There is so much information out there on the internet, in movies, on social media and elsewhere. A lot of it is presented by people who talk like they are experts, but don’t really know what they are talking about. This tweet sums up how I feel about it.

Now a lot of people who will give you advice mean well or honestly think they know what they are talking about. Sometimes they actually do whether it’s because they are smart or just got lucky.

But I beg you not to take legal advice from your non-attorney friends. It’s no different than not taking medical advice from non-doctors.

For one caller to my office, not heeding this advice has turned her life upside down.

The father of her child lives out west. They were never married and have never been to court for custody. He’s always come to Illinois for visits. Now that the child is older, he wanted to spend a month with them in the summer, but in his home which is near the Pacific Ocean.

She asked a couple of friends what they thought, and the one she trusts the most told her it’s not a problem as long as he puts in writing when he’ll return the child. So that’s what she did.

After the month was up he didn’t return the child. A couple of weeks after that, he filed for custody in his home state. She’s been looking for Illinois custody attorneys because another friend told her that even if we are licensed here, we can help anywhere. This was mistake number two.

I told her the harsh reality that she has to deal with the court in this other state and that despite what her friends said, she needs to get a lawyer out there too. The bad advice she got delayed her two weeks more while she looked in IL for help.

I hear stories like this every week. One family lost out on a likely mid-seven-figure medical malpractice lawsuit because a cousin assured them they had up to five years to file a lawsuit. They waited too long, and the statute of limitations passed.

One reason why we started our free Illinois legal guidance and lawyer referral website is so people can get the help they need and honest answers with minimal obstacles in their way.

And it doesn’t have to be through us. You owe it to yourself to reach out to a lawyer. And if cost is a worry, we are free and most law firms will give a free consultation.

Cancer affects approximately 40% of Americans in their lifetime including about two million every year. Fortunately the treatments are getting better and better and while cancer still sucks, it doesn’t always have to be a death sentence.

The key to beating cancer is early detection and diagnosis. The sooner you can begin treatments, the better your chances of survival. That is just common sense.

Unfortunately, a lot of people get cancer that isn’t caught early and quite often that’s because a doctor or other medical provider dropped the ball somewhere along the line. It’s shocking to me how often this is due to a simple lack of communication. You’d think that if there was the possibility of cancer that bells and whistles would go off, or at least there would be a backup system to make sure the patient is notified.

This brings me to the key for any Illinois medical malpractice lawyer to win a lawsuit for a failure to diagnose cancer. We typically are looking for at least a six month delay. That means six or more months have passed since a doctor should have known you have cancer to when they discover or tell you that you have it.

Here are some examples of cases we’ve worked on.

  • A man had a PSA test which is a blood screen test for prostate cancer. His level was reported at 12 which is a very high level, but nothing was reported to him and no intervention done. A year later he had stage four prostate cancer.
  • A non-smoking female was checked for a possible heart aneurysm. That test also turned up a suspicious 1.4 cm mass in her left lung. No radiologist interpreted that mass or advised her it existed. All of the focus was on the possible aneurysm which was fine. Three years later she had difficulty breathing and slurred speech. It was discovered that the mass had grown to three times the size and cancer had spread to her brain.
  • A young woman had a lump in her chest. Her primary doctor examined her and told her it was just a fatty deposit. Nine months later she had stage 3 breast cancer and needed a double mastectomy.
  • A man in his early 40’s reported blood in his feces and fatigue. For some reason a colonoscopy wasn’t ordered. More than a year later it was discovered he had colon cancer.

What all of these sad situations have in common is that had the medical professionals done their job, the cancer would have been caught at a much more manageable time. Studies have shown that if there’s a delay of at least six months it can make a really big difference in the ultimate outcome.

Note that you can’t ever go back farther than four years to sue for malpractice in Illinois (when over 18) so it’s important to act fast. That of course can be hard when you’ve been handed life altering medical news, but hopefully you or someone in your life can make a call. It takes time to investigate these cases so time really is of the essence.

If you’d like a free consultation with an experienced malpractice lawyer, please call us at 312-346-5320 any time. We promise to treat you like a family member or friend and do whatever we can for you.

By far the most common call we get is from people with Illinois employment law questions. We are able to help a lot of people with compensation issues and some who have been truly treated illegally based on race, religion, job injury, pregnancy, etc.

The reality though is that employers can do a lot of scummy things and get away with it. That’s because while they are being unfair, they aren’t breaking the law and you don’t have a contract (like union workers) that protects you. Here are 30 things that we think suck that employers do anyway.

  1. Promoting a friend or relative over you. No law requires the most qualified person to get a job. Nepotism is not against the law, neither is favoring your buddy.
  2. Screaming at you. Harassment is illegal only if it’s being done for illegal reasons like your race, sexual orientation, etc. There’s no law against being an asshole. They can be condescending. They can tell you that you are dumb or bad at your job or useless, etc. If it’s not being done for illegal reasons it’s not a case.
  3. Changing your shift times. You might have taken a job because it fit your schedule, but if they tell you that you need to work a night shift, they can legally fire you if you don’t.
  4. Changing your job duties. A lot of people get hired for one job, but then get asked to do something else. That something else often isn’t a job you want to do.
  5. Going back on their word. I’ve had lots of calls from people who said something like, “My boss told me I didn’t have to work Christmas Day, but at the last minute they made me.” That’s shitty and totally legal.
  6. Changing your compensation structure. They can’t do it retroactively, but your employer certainly can cut your pay at any time. You can file for partial unemployment if that happens, but that’s about it.
  7. Not giving raises, a holiday bonus or throwing a holiday party even when the company is making a ton of money. These things are good for morale and you deserve it, but neither is required by law, even if they’ve always done it.
  8. They can micromanage you even if you don’t need the help.
  9. Not offering a severance agreement after a layoff. Many companies do this for good will and to make sure they won’t get sued for violating other laws in the future, but nothing requires a severance agreement be offered.
  10. Having you do someone else’s work, but not giving you a promotion or raise for it.
  11. Being short staffed. With the exception of some medical providers, there isn’t a law that requires most employers to have a certain amount of people present at any time. That can make your job feel overwhelming.
  12. Firing you for doing things they always allowed. If your employer always allowed employee discounts, a free shift meal, etc. and then fires you for taking advantage of that, it’s not an illegal termination.
  13. Talking badly about you. It’s not nice, but if they are gossiping or saying unkind things, it’s typically legal.
  14. Taking away your job after you’ve missed 12 weeks for FMLA. It would be nice if they worked with you, but they don’t have to.
  15. Moving the company out of state or far from your home. If they do so and you lose your job or you have a longer commute it’s completely legal.
  16. Cutting your hours or taking you off the schedule. There’s no guarantee that you’ll work a certain amount of time.
  17. Not giving any privileges for seniority even if they used to. Nothing in Illinois law requires this.
  18. Firing you if you miss work because you couldn’t find a baby sitter.
  19. Discriminate against you based on your age if you are under 40. That is totally legal in Illinois.
  20. Outsourcing any jobs. It sucks to see work go overseas, but your employer can do it.
  21. Not paying you for on call time. This is common for EMT’s especially where you need to be able to report within a couple hours notice and don’t get paid in any way for doing so.
  22. Having you take a last minute business trip that causes you to miss out on plans including something you’ve already paid for.
  23. Not providing security guards or other protection even when it’s clearly needed. While this could lead to a workers compensation claim or other case, there’s no law that requires security guards.
  24. Require overtime work. You might not want to do it or have other things planned, but they can make you work overtime if they deem it necessary. Of course they have to pay you for it too.
  25. Listen to your phone calls on the company phone. It’s not illegal eavesdropping if it’s done at work.
  26. Monitor your company computer activity. There’s no right to privacy there either.
  27. Have cameras in the break room, work areas, etc. Another way they can legally spy on you. They can’t put one in the bathroom or changing areas, but that’s about it.
  28. Have a dress code for employees that they don’t follow. This happened to me on my first lawyer job. We had to wear suits every day and the nepo baby boss would show up in a sweater. Totally legal.
  29. Drug test you. This one feels really invasive, especially if you aren’t working a job that involves heavy machinery or health care, but they can do it.
  30. Fire you because they are having a bad day. This is the definition of “at will” employment which means your job is at their will. You can win employee of the month award in the morning and get let go in the afternoon.

Note that if any of these things were done due to protected reasons under the law or other illegal activity, they can be sued for it. But quite often it’s just done because they are terrible employers, and all you can do is take it or look for a new job. If you have any questions about any of this, please call us for a free lawyer consultation any time at 312-346-5320.

Since 2001, we have helped people find the best lawyer for their case. Only a handful in Illinois have a real track record of winning compartment syndrome cases. Call us at 312-346-5320 for a free, confidential consult.

Compartment syndrome is a buildup of pressure around your muscles. When there is too much pressure around your muscles, less blood, less oxygen, and fewer nutrients flow to your muscles and nerves. Compartment syndrome is very painful and in some cases it can lead to catastrophic results if it’s not diagnosed and treated in time. When that happens in Illinois, you could have a medical malpractice lawsuit.

Medically speaking, a compartment is a group of muscles, nerves, and blood vessels. Compartments are covered by a thin casing of tissue (or a membrane) called fascia. Fascia helps hold things in place. Fascia also has nerves that make it almost as sensitive as skin. Compartment syndrome results from the extra pressure inside a compartment causing the muscles to press against the fascia more than is normal. We are lawyers, not doctors, but it’s important to hire a lawyer who understands this complex medicine.

Compartment syndrome can happen to any muscle group, but is most common in people’s legs (especially lower legs), feet, belly, buttocks, and arms (including hands and wrists). We see it a lot in people with back pain that doesn’t get diagnosed quickly enough and even after surgeries.

The two types of compartment syndrome are acute and chronic. Acute compartment syndrome is caused by a sudden traumatic event such as an accident or severe injury. A trip to the ER is necessary. Chronic compartment syndrome, on the other hand, happens over time, especially after intense physical activity on the job or exercising. It can also be a natural part of the breakdown of your body even if you are otherwise healthy.

Both acute and chronic compartment syndrome can be caused by someone’s work activities. A fall from a ladder, a collision in a company vehicle, or an injury using a work tool or machinery are just a few examples of work accidents that lead to the acute type. Construction work, heavy lifting, and other physically demanding work that someone performs day after day can lead to the chronic type.

Common symptoms of compartment syndrome are:
• Muscle pain (more severe than normal soreness)
• Loss of urine and/or bowel control
• Severe pain when stretching the muscle
• Visible swelling or bulging around a muscle or just feeling like your muscle is firmer or bigger than usual
• Numbness
• Burning or tingling feeling under your skin.

As acute compartment syndrome is a medical emergency, the treatment is surgery. A surgeon will perform a fasciotomy in which they will cut through the skin and fascia to relieve the pressure in the muscle compartment that is affected. After the swelling and pressure go away, the surgeon will close the incision. If this problem isn’t caught quickly enough, surgery may not fix the problem. You could end up paralyzed and/or permanently incontinent.

Chronic compartment syndrome is usually treated with medications to reduce pain and inflammation. Modifying your work activities (less intense and/or less repetitive motions) may also be necessary, as well as physical therapy. In some cases, a fasciotomy is the course of treatment that can be tried to reduce the pain.

We help people with legal cases for compartment syndrome in a few ways. First off, we know the best Illinois medical malpractice lawyers to sue for a failure to diagnose compartment syndrome. If your symptoms don’t resolve after surgery, you may be entitled to significant compensation.

We also help a lot of injured workers, car accident victims and others who can bring a case based on how their problems originally started. It’s not unusual to see a back injury from work result in compartment syndrome and have devastating results.

We have a track record of success and promise to treat you like a family member or friend. If you’d like a free consultation with a lawyer, we can help everywhere in Illinois. Call us at 312-346-5320.

The weather in Illinois is brutal right now. The low in Chicago today is one degree. I guess that’s better than the minus four degrees we experienced yesterday.

With the cold weather of course comes snow and ice. That leads to a lot of slip and fall injuries unfortunately.

Regrettably a lot of the people who call us with these injuries we can not help. That’s because of an Illinois law that says that if you fall due to the natural accumulation of snow or ice and sustain an injury, the property owner isn’t liable.

What does natural mean? Generally speaking it’s what happens because of what happens naturally due to the weather conditions. So if you are walking in a parking lot and you slip on ice, that’s probably not a case against the property owner. Unnatural would be something like ice that forms from coming off an awning or a gutter spout.

And if you fall because your landlord didn’t shovel or salt the area, that’s usually not a case either. They can’t be expected to do that while the bad weather is occurring and generally speaking don’t have a legal obligation to do this at all.

So are injuries from falls on snow or ice doomed? No. There are a bunch of ways to win these cases.

If the property or business owner does clear the area, but does so in a negligent way, that could lead to a case.

But the biggest thing you should look out for is was there someone who was contractually obligated to clear or salt the area that failed to do so. In many apartment buildings, office complexes and places open to the public, the property owners contract with companies to have these areas cleared so people can walk safely. They aren’t responsible for doing that 24/7, but if it snows hard on a Monday and they haven’t cleared it by Wednesday, that may put liability on them and/or the property owner.

These aren’t things you’ll think of as you lay on the ground in terrible pain, but you should think of as soon as you reasonably can. You can ask your boss, landlord, etc. You can look at a copy of your lease to see if it says anything about it. You can even ask the people who eventually do clean or salt an area how often they are supposed to be there.

It’s not a slam dunk, but in my experience, if you want to win these difficult cases and be compensated for your injuries, this is often the best way to do so.

And of course, if you have any questions as to if you even have a case or want an attorney recommendation, please call us any time at 312-346-5320.

When people call us for Illinois criminal attorney referrals, one question we get a lot is, “Do they have a winning record?” There is a perception out there that you can look up an attorney’s record like they are baseball standings on espn.com or something.

The truth is that there are no win/loss records available for criminal defense lawyers in Illinois. And even if they were, they would be incredibly misleading for a couple of reasons.

First off, consider someone like the disgusting Highland Park shooter or any other criminal who is literally caught red handed doing their crime. If you are on video doing the act or there are tons of eyewitnesses, the “best” criminal lawyer in the world isn’t going to get that case dismissed. So if that is your idea of a win, that is impossible.

More so, what a win actually is is open to interpretation. If I told you that you were getting a two-year prison sentence for a drug charge, you’d probably consider that a loss. Nobody wants to go to prison. But a couple of years ago, I helped a family find a top Chicago criminal lawyer, and he got their son a two year sentence, and they were so happy that they couldn’t stop hugging him. Why? Well that’s because before they came to us, the public defender was telling them the best they could do was an eight-year sentence. This person was guilty with no defense, but the family considered it a win because the sentence was so much better.

In some cases, a win is just that, getting the charges dismissed or being found not guilty at trial. In other cases you’d consider it a success if you got court supervision or probation without jail time. For some people a win is getting a serious felony reduced to a misdemeanor. And for some a win might mean that instead of a life sentence with no parole you are eligible for parole in 20 years.

The key point is that every case is different. A win to you could be a loss to someone else and could be neither to another person. Every result requires context and facts.

So if a lawyer tells you they’ve never lost a case, they are either lying or have been in practice for a week. Or if they say they have a better than 90% success rate, they are spinning what that actually means to market themselves to you. The best criminal attorneys don’t get a great result in every case. They do increase your chances of a great result though.

If you’d like our recommendation to a top criminal attorney, please call us any time at 312-346-5320.

All drivers are aware that when you see police lights or hear the sirens, you get out of the way and move over to let them pass through. But on some occasions, the police officer is chasing a suspect in another vehicle at such a high rate of speed that there is no time to react. In fact, there are sadly some instances in which the police car or suspected criminal collides with an innocent driver’s vehicle during the pursuit of the suspect.

What happens if one of the cars involved in a high speed pursuit causes bodily harm or even death to the innocent driver or passengers in a car? The city that employs the police officer should be held accountable for the injuries and/or death. The city should pay for the medical bills and/or for the value of the life lost in the collision.

The police of course have a right to go after a criminal. But when doing so requires them to drive at such a high rate of speed that it becomes dangerous for the public, they are supposed to back off. When they don’t it might be a lawsuit.

Let’s take a look at a recent example of this type of tragedy. In 2020, a City of Chicago police officer was pursuing a suspect and crashed into a vehicle in Auburn Gresham driven by a citizen named Kevin Spicer. His 10-year-old daughter, Da’Karia Spicer, and younger son, Dhaamir Spicer were passengers in the car. Kevin and Dhaamir suffered injuries but survived. Da’Karia was killed in the accident.

The case went to court where the question was not about who was liable or responsible. Both parties agreed that the police office employed by the City of Chicago caused the crash. The cop shouldn’t have been driving that fast and was negligent. The question was, what was the appropriate amount of damages to award the Spicer family for the loss of their beloved daughter?

Both parties agreed that $1 million was the right amount for past medical costs and future therapy costs. But they did not agree on what the amount should be for loss to society, grief, sorrow, and mental suffering.

The lawyers representing the city asked jurors to set aside their emotions and to focus on what is fair and reasonable under the law. They suggested a settlement of $11.6 million. Spicer’s attorneys recommended more than $117 million for the tragic loss of Da’Karia.

The jury came back with a verdict calling for the city to pay Spicer’s family $79.85 million. While that amount is unusually high, it shows you what these cases can be worth if the police are not following the laws they are supposed to enforce.

It is critical in a case like this to have attorneys who are experienced with this situation representing you. If you or someone you know has been injured in a police pursuit, call us at 312-346-5320. Time is of the essence as there are strict limitations for bringing a case. We help with these claims everywhere in Illinois.

We have helped many people successfully bring lawsuits for a failure to diagnose cancer. It’s probably the most common case we’ve been a part of. If you’d like a free consultation, please call us at 312-346-5320.

Cancer is awful. That’s not some profound statement of course. It has touched everyone I know in some way. Most people know someone who has died from it and/or who have had it and recovered from it.

Getting the all clear from your oncologist has to be an amazing feeling. I’m fortunate that I can’t personally relate to that, but have been elated when multiple friends have gone through this and gotten a clean bill of health. Getting checked every 6-12 months is no big deal.

For some people, cancer sadly returns. In a lot of those cases we get calls from them or their loved ones looking to bring a lawsuit. Depending on the type of cancer you have that can be a challenge unless we can show one specific thing.

Most cancers, such as breast cancer (which commonly comes back) are treated with an algorithm. Based on the tumor size and location a certain regimen of chemo will be prescribed. They can never know for sure that a microscopic amount of cancer still remains, so in some patients the cancer comes back in the same spot. When it does, it’s not usually a malpractice case even if there was a delay in discovering it.

When I say same spot, I mean same primary tumor. For some unlucky people, the cancer reappears in the same body part, but a different primary tumor. In those situations, if there was a more than six month delay in discovering the problem, you may in fact have a lawsuit.

So to win it’s really important to compare the old and new radio-logical findings to see if we are dealing with a new problem or recurrence of the old one.

This seems like more medical advice than legal advice, but it’s done in consultation with specialists who have handled these cases for years. These are hard talks to have with clients because it’s usually people with cancer that has spread and some of them have received bad medical care, but can’t be helped legally.

Every case is different of course, so please do not hesitate to reach out if you’d like a free case review.

We talk to more than 250 people every week about various Illinois legal matters. While we can’t help everyone, most people have sincere, good reasons for calling. They need a work comp attorney or divorce lawyer or legal help with a traffic ticket.

Some people want to know if they have a lawsuit. They might present a situation that isn’t a case, but that doesn’t mean that they have frivolous or ridiculous intentions. They just don’t know what they don’t know and are seeing if they have any legal rights.

We do get some calls that even if the caller sincerely doesn’t know if they have a case or not, most people would recognize right away that the claim is frivolous. Over a year that can add up. Here are some of those situations we’ve heard about in 2024 along with why they are frivolous.

  • A caller wanted to sue over the harm that certain pesticides could cause. He hasn’t been to a doctor, doesn’t know who he wants to sue and has no symptoms. He’s just mad these pesticides exist. (This is frivolous because there is no actual harm suffered. It theoretically could be a case if he went to a doctor and they related a serious illness to a chemical exposure).
  • We received a call from a former star high school athlete who was kicked off the team 40 years ago after he felt they made him confess to breaking school rules that he didn’t break. As a result he lost out on college scholarship opportunities and spiraled. (It’s far too late to bring this case and you can’t sue a school because they disciplined you about something you confessed).
  • A couple wants to sue a school across the street from their house because their new bell system is really loud. (They have no case because it happens during the day and that’s the risk of living by a school).
  • A guy rented an apartment that didn’t have great heat. He bought a space heater that ended up burning him when he fell asleep.
  • A guy wanted to go for custody in order to deter his girlfriend from going for child support and use that as leverage. We declined to get involved as it’s unethical and as he didn’t even want custody it would be frivolous.
  • A woman wanted to sue because she felt “baited” into calling some black women the N-word and is facing repercussions for it.
  • Caller wanted to sue Facebook because she feels the ads that are shown on her feed are disgusting and that she shouldn’t be forced to look at them.
  • We were contacted by someone who was at work 20 years ago and never filed a workers comp case. She stopped treating for a back injury after five years, her company went bankrupt and now 15 years later she has an infection in her spine that she thinks is due to the work injury. It’s about 13 years too late to bring a case.
  • A woman wanted to get child support from her boyfriend who just broke up with her. He is not the biological father and did not sign the birth certificate, but has helped her raise the child for the last three years. He legally owes her or the child nothing.
  • A caller wanted to sue their boyfriend of 10 years because they discovered they’d been cheating the last two. Cheating is immoral, but not illegal.
  • Person contacted our office after they were fired for having an anger problem. They felt the employer should be required by law to try to help them and work with them.
  • Many people who want to bring a frivolous suit are naive. Some unfortunately have mental illness. One woman wanted us to sue the police because they’ve arrested her every day for 45 years.
  • A guy with lung cancer who’s used medical marijuana for almost a decade and smoked before that, wants to sue his medical marijuana doctor for not warning him that cancer was a possible side effect.
  • Gentleman who “Lost my job to China” back in 2015 wanted to sue his old employer to try and get a severance.
  • A woman wanted to sue a store because they sold an item she was interested in to someone else and had asked them to reserve it for her. She didn’t put any money down and no promises were made.
  • A caller wanted to sue the Illinois Lottery because they didn’t like the odds on the scratchers tickets.
  • Guy bought a house “as is”, didn’t have an inspection and now wants to sue because it’s a money pit that he can’t live in.
  • Caller was squatting in a home. Got locked out so he broke in through a window and fell, injuring his leg. Wanted to sue for his injury.
  • Woman was kicked out of a movie theater when security thought she was being disruptive when it was really a woman a row behind her. Wanted to sue for a million dollars.
  • Person made a very racist video as a teenager in which they used the N word many time. They are now an adult with a job and someone sent the video to their employer who terminated them. Wanted to sue whoever sent it (they don’t know who) for defamation because it embarrassed them.
  • Caller wanted to sue Microsoft because he wasn’t able to get the internet to work on his computer.
  • A worker was suspended for being high on the job and wanted to sue because marijuana is legal in Illinois.
  • A caller wanted to sue the police because there was an error in the police report that was fixed within a day of the error happening. They wanted to sue because they believe, without evidence, that it’s all a conspiracy against them. So they have no harm and no evidence.
  • In what may be the craziest of all of these, a job applicant wants to sue the company he applied to work at because they closed their business and didn’t tell him or compensate him for the time he took in looking into that job.
  • Man wants to the Judge in his child custody case because he feels they are biased against him. That isn’t allowed. You can appeal their rulings and if they commit misconduct you can report them to the Judicial Inquiry Board. But you can’t sue because you don’t like their rulings.
  • In probably the saddest one, a lonely man met a woman online and was swindled out of $20,000 that he voluntarily sent to her. He eventually figured out it was a scam and wants to sue his bank because he can’t get the money back.
  • A young man doesn’t have a car and wants to work close to home. He applied to one place and has gone in ten times asking them for an update and they haven’t hired him. Wants to sue because he feels he’s qualified and they should have to hire him since he lives so close.

A key point to take from all of this is that no lawyers are taking these cases. People may want to bring legal action that we’d all consider “frivolous,” but if it never actually happens it’s not really a problem. It’s more a matter of educating people on their rights. That doesn’t mean frivolous lawsuits never happen. But when they do, it’s usually someone representing themselves or an attorney filing a case and later discovering the case isn’t what they thought it was.

People and lawyers (we are people too, right?) are generally good. When you are frustrated by something in life, there’s nothing wrong with asking an attorney’s opinion as to whether or not you have a lawsuit. Lay people shouldn’t be expected to know if they have a case or not. So we don’t ever begrudge someone who reaches out to us. And hopefully we are helping them by explaining why we can’t help them.

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