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Illinois Law Blog

Expenses When Hiring An Illinois Lawyer On A Contingency

When you hire an attorney in Illinois, you are responsible for their fee and their expenses. In an hourly fee case like a divorce, those expenses come out of the retainer fee and are billed monthly or whenever they charge you on a case. It works way differently on cases where you hire the attorney on a contingency basis.

Most Illinois contingency fee agreements are for injury cases like car accidents, workers compensation, medical malpractice, etc. Those contracts will say something to the effect of the attorney will receive a percentage of any recovery that is made (1/3 for malpractice, 20% for work comp by State law). It also will state that the client is responsible to reimburse the attorney for expenses. But how does that work?

The type of case determines how big the expenses are. Illinois workers compensation cases typically have very low expenses, often under $200 and rarely into the five figures.

Medical malpractice cases on the other hand can be very expensive. They are almost always in the mid five figures and if they progress to trial it’s not at all unusual for them to cost into the six figures. Paying experts for their opinion and time can be very costly.

Personal injury cases like car accidents typically fall somewhere in between unless they settle without a lawsuit being filed. The court filing fees alone are usually more than a work comp case costs. If the case involves a serious injury it is probably that multiple depositions will be needed, including those of experts potentially.

The way it works is that when a case settles, the contingency fee is taken out and then the attorney gets reimbursed out of what’s left before paying you. So if the case settles for $90,000 and they have a 1/3 fee, that leaves $60,000. If their expenses are $5,000 and nobody else is owed money like a doctor, you’d net $55,000.

What you will find is that the more lucrative the case, the more likely it is that a lawyer will charge you for expenses instead of eating the cost. What do we mean by that?

Well in workers comp cases, most expenses are for issuing subpoenas for medical records or potentially paying doctors and court reporters for testimony time. In a catastrophic injury case or malpractice lawsuit, you’ll probably see attorneys adding expenses for copying records, postage, mileage, etc. I’m not saying it’s right or wrong, but trying to help people understand what really happens. This is why it’s important before starting a case with a lawyer that you ask what will or won’t be charged as an expense. It’s all negotiable. I’d be wary of a a work comp attorney who charges for photo copies, but not a malpractice attorney who does.

A common question we get is, “Do I have to reimburse my lawyer for the expenses if we lose the case?” It’s kind of a trick question. The contract you sign will surely say that you do. The reality is that no attorney we recommend does this. You should certainly ask about this before hiring a lawyer, but this is generally a risk attorneys take when bringing a case and why lawyers can be selective about which claims they pursue. You don’t want to spend $100,000 and not make a recovery.

This can be confusing, but it’s an important topic. If you have ANY QUESTIONS, you can call us FOR FREE and speak with a lawyer at 312-346-5320. It’s always confidential and no commitment.

There Are A Lot Of Crimes In “Animal House”

There’s no movie I’ve seen more in my life than “Animal House.” It’s incredibly quotable, legitimately hilarious and an easy watch with an incredible cast. In college there were numerous times it would just be playing at the place I lived when nothing was going on or in the background while we were playing cards

I’m not here to slander the movie. It was filmed in a different time and you can acknowledge that some things that happened in the movie aren’t really funny anymore.

For example, glorifying sex with a 13 year old would probably not happen today or be laughed at as much if you just saw it for the first time

There are other crimes that happened in the movie that are more borderline as to whether or not you could do it today or not. John Belushi being a peeping Tom at the sorority house is certainly one of them. I tend to think that with the right actor, most people today wouldn’t care.

There are a lot of other crimes in there that aren’t problematic and easily could be part of a movie today. Stealing from the super market is one

The food fight scene would likely result in a disorderly conduct charge and possibly assault and battery

I’d have to think as to what the criminal charges would be for impersonating a deceased person’s fiance, but it’s probably something

Smoking marijuana is thankfully not illegal now, but it was at the time and led to one of the best quotes ever.

And of course the final parade scene has destruction of property, cruelty to animals, theft, assault, battery, reckless driving and many more crimes that play out in a hilarious way.

I still think the movie holds up. I’m probably missing another 20-30 crimes and off the top of my head there’s underage drinking, speeding, trespassing, hazing, more animal cruelty, more battery, more theft and more disorderly conduct. Hopefully people can still enjoy the movie for what it is, even if we know certain parts of the movie are not acceptable by today’s standards.

The Best Way To File An EEOC Complaint

While we provide free legal guidance and lawyer referrals for just about every area of Illinois law, the most common complaint we get is from people who are having trouble at work.

Sometimes these calls involve pay and compensation issues. Other times it involves unfair treatment. Quite often it has to do with either obvious or perceived discrimination.

Dealing with a bad work situation can be extremely emotional. That is a totally logical response. The best thing an attorney can do is look at a situation objectively and take the emotion out of it. That allows you to focus on what is actual illegal behavior by your employer and what is crappy behavior, but not illegal.

This is really important because when you bring a lawsuit or in most cases, file a complaint with the Equal Employment Opportunity Commission (EEOC), it’s really important to keep the legal issues as narrow and focused as possible.

For example, it’s common for someone to call us and tell us that they are experiencing discrimination at work and were fired because of it. They want to bring a wrongful termination lawsuit. Wrongful termination means illegal firing. Not unfair, not wrong, not a misunderstanding. Rather it’s illegal based on a protected reason such as race, age, religion, gender, pregnancy, work injury, etc.

So we will ask what was illegal about it and while the caller may mention feeling it was racial for example, they will also tell us about how someone with less experience got a better shift or the new manager doesn’t like the old employees or they used to let them give friends discounts and now they don’t or other things that are clearly not illegal.

When this happens it causes two problems. First, it creates a lot of noise and crowds the issue. If an EEOC investigator were to read a complaint like this, they’d clearly see things that aren’t illegal, just unfair and likely not find in your favor. Second, it can create defenses to the case that didn’t exist. If the corporate attorney sees that you were giving friends a discount, that might create a justification for firing you.

So when calling a labor law attorney or filing with the EEOC, the best advice we can give you is to keep the issue narrow and focused on the illegal activity. It should be evidence focused and not based on things that can be explained away.

For example, if you think you were discriminated against because of your race, what proof do you have? The best proof is something that was said or written, but it’s rare that an employer is that dumb. So if your boss called you the N word, you have the makings of a great case for that gross behavior.

But most cases the evidence is circumstantial. That doesn’t mean you can’t win, but does mean you shouldn’t bring up things that are irrelevant. For example, don’t say, “My new manager doesn’t like black people. She and I got into it and I told her off. We used to be allowed to take uneaten food during our breaks, but now she won’t allow it. It’s totally unfair. She yells at us all of the time and it’s a hostile work environment. And she’s not promoting any of the black workers.”

Almost everything in that last paragraph is emotion. Instead, you’d keep it narrow like this. Myself and four others are the only African-American workers out of 30 people all in the same job. Since a new manager came in a year ago there have been eight people promoted, all of whom were white. The five of us have more experience than seven of the eight who were promoted. Since she started we are the only ones given a cleaning job that uses toxic chemicals.

Everything in the second example focuses on facts. No emotion. It’s not a slam dunk case, but it gives you a chance because it focuses on issues that are possibly illegal. That’s not to say that the company couldn’t offer a defense, but these issues certainly seem to prove there’s discrimination based on race.

When you file at the EEOC there’s one guarantee. They will give you a right to sue letter. You get this if you have the best case in the world or the worst one. A right to sue letter doesn’t mean much beyond you have 90 days to get a lawsuit filed. Some right to sue letters also include a finding that the law was likely broken. That’s what you are looking for. When you get a finding the law was likely broken, it gives you tremendous leverage and the ability to get an attorney to take the case on a contingency basis where they only get paid if they win.

If you have any questions about this or your employment, please call us any time at 312-346-5320.

12 Tips On Illinois Severance Agreements

We get a lot of calls from people who want to have a severance agreement in Illinois reviewed. I get that. It’s a lot of legal mumbo jumbo and can be confusing if you aren’t familiar with what they say. That said, don’t be surprised if a lawyer wants $1,000 or more to review it and offer advice unless you bring forward a case where your employer is acting illegally (more on that below). If you are only getting 5 weeks of severance pay you probably don’t want to pay that. But you do need to be aware of certain things.

So with that in mind, I thought I’d offer some thoughts that everyone who has been fired and offered a severance should know. Think of these as legal tips.

  1. Your employer will likely not negotiate the dollar amount they are offering you unless you have some leverage. What’s leverage? That would be evidence that you are being let go illegally like getting fired after complaining about sexual harassment or reporting of illegal activity. If that is the case, you want to get an attorney and should call us for free at 312-346-5320 to discuss your situation in confidence.
  2. If you do sign the severance, know that you are giving up your right to sue the company for any reason. So if you think they owe you commissions or vacation pay or you want to sue for wrongful termination, signing will likely end those rights. Don’t sign if you don’t want to do that.
  3. Workers’ compensation isn’t a lawsuit and a severance agreement can’t take away your Illinois work comp rights.
  4. There is no obligation for an employer to give anyone a severance unless it’s been contractually agreed to. They do it for good will and so they can close the door on any possible issues with you. That’s important for them if they are considering a sale.
  5. While they won’t likely negotiate a dollar amount, you can ask for things like making sure they won’t contest your unemployment or that at worst they will give you a neutral reference. You can certainly ask that they agree to give a good one. Companies are much more likely to negotiate on non-financial issues.
  6. When you work for a big company and there are a lot of layoffs, they are less inclined to do much of anything as they don’t want to open the door to having to do it for everyone.
  7. That said, while theoretically they can pull a severance, it doesn’t hurt to ask for something. Usually the worst case scenario is they say no.
  8. It’s not unusual for severance payments to be spread out over a period of weeks or months instead of a lump sum. You can ask for a lump sum, but they don’t have to give it to you.
  9. Beware clauses that say the severance will end if you secure new employment. They can ask for that and you can object to it.
  10. Beware them putting a non-compete or non-solicitation agreement in your severance package. If you want to work in the same field, agreeing that could limit your job prospects.
  11. There is no typical severance agreement dollar amount. What they offer you can be completely different at another company. Some do one week for every year worked. Some pick a random number. There’s often no rhyme or reason.
  12. Beware items that may be unique to you. For example, if you got a signing bonus that said you’d have to pay it back if you didn’t work for two years, if they are letting you go, you need to make sure that you won’t owe them that money.

I hope this helps. As always, if you have any questions you are welcome to call us.

Don’t Pay For Work Expenses On Your Job

A common tactic Illinois employers use to cheat on taxes and screw their workers is to pay someone as a 1099 and call them an independent contractor when they really aren’t one.

Being wrongly classified as an independent contractor instead of an employee can have major financial implications. Many workers find themselves shouldering costs that should be covered by their employers. If you’ve been wrongly classified as an independent contractor, you may be unfairly paying out-of-pocket for expenses like uniforms, support staff, and marketing materials. Understanding your rights and seeking reclassification can help you recover these costs and ensure fair treatment.

Employee vs. Independent Contractor
The primary difference between an employee and an independent contractor is the level of control and the nature of the work relationship. Employers have more control over employees, including setting work hours, providing training, and dictating how tasks should be completed. Independent contractors typically have more autonomy in how they work, are often hired for specific projects, and have the freedom to say no to future projects. The more control an employer has, the more likely it is you are actually an employee.

The Financial Burden of Being Misclassified as an Independent Contractor
When you are misclassified as an independent contractor, you may find yourself unfairly paying for job-related expenses. Here are some common costs that company employees typically do not have to bear:

Uniforms and Equipment: Employees usually receive uniforms and necessary equipment from their employers (e.g., clothing with the company logo, protective boots, necessary tools and technology).

Support Staff: Employers often provide administrative support or additional staff to assist employees (e.g., administrative assistant, support from graphic design professionals, IT specialists).

Marketing Materials: Employees benefit from company-provided marketing and promotional materials (e.g., company or product brochures, promotional materials and giveaways for conventions, publicity activities).

Office Space and Supplies: Employees work in company-provided office spaces with necessary supplies, and are not expected to take on overhead expenses.

What You Can Do About It

If you are called an independent contractor but treated like an employee, and you are paying for any of the above (or other examples not listed), it’s important to take action to protect yourself. An experienced Illinois employment law attorney can help you understand your rights and guide you through the process of challenging your classification and getting reimbursed for the job-related expenses that you’ve paid. In addition to fighting for the reimbursement, an attorney can potentially get the company to pay penalties for the misclassification.

There is no cost to you upfront in hiring a lawyer for this situation. The lawyer works on a contingency basis meaning they are paid a percentage of what they recover for you.

If you have any questions about your misclassification and the expenses you’ve incurred, contact us any time for a free consultation with a lawyer at 312-346-5320.

Illinois VESSA Lawyers

Illinois is for the most part a very employee/worker friendly state. One example of this is the strong protections given to workers who are victims of sexual or domestic violence. It’s through a law called VESSA which stands for Victims Economic Security and Safety Act. In short, if you are a victim of violence, this law allows you to deal with that process without facing discrimination or retaliation from your job.

Under VESSA law, you are entitled to a bunch of rights, some of which are similar to the Family Medical Leave Act. But VESSA goes farther. These rights include:

Unpaid Leave: Under VESSA, your Illinois employer must provide up to 12 weeks of unpaid leave every year if you are dealing with domestic or sexual violence. This leave covers time for medical treatment, counseling, legal matters, and safety planning. Notably, this leave also extends to employees caring for a family member (child, parent, spouse, or another relative) who is a victim.

Reasonable Accommodations: Employees can request reasonable workplace accommodations to deal with the effects of domestic or sexual violence. This might involve changes to work schedules, job duties, or even working remotely for safety reasons or to attend court proceedings. If working the night shift puts you at risk, you might be able to secure a change to the day shift.

Confidentiality: This is a big one as in most cases your employer doesn’t have to keep confidentiality. It’s different if you are a violence victim. Your employer must keep your status as a victim confidential and cannot disclose this information without your consent. If they do there are consequences, especially if it’s a willful disclosure or it causes you harm.

If your employer violates your VESSA rights, several remedies are available to ensure you are compensated and your rights are upheld. These include:

Getting back pay: If you’re wrongfully terminated or denied leave, you may be entitled to back pay, covering the wages you would have earned.

Getting your job back: You could be reinstated to your previous job with all benefits if wrongfully terminated. If your old job is unavailable, a comparable position should be offered. And if no job is available, that will likely increase what the case is worth.

Payment for lost benefits: Any lost benefits, such as health insurance or retirement benefits due to the violation could result in them having to pay you for it.

Emotional Distress Damages: While every case is different, you might be able to receive compensation for emotional distress caused by your employer’s behavior including for pain and suffering. This is often proven through evidence of counseling or other medical care.

Punitive Damages: In cases of really egregious or intentional conduct by the employer, punitive damages may be awarded to penalize and deter this bad behavior from happening again.

Attorney’s Fees: The good news is that if you sue with a lawyer under VESSA and win, your attorney fees are paid for by the employer. This really levels the playing field for workers. All of the Illinois VESSA attorneys we know work on a contingency basis which means they won’t ask you for any money to take on your case.

So what can attorney do for you? Quite simply, an experienced lawyer will great increase your chances of success. Knowing how to win a VESSA claim and work the way through the process can be the difference between winning and losing as well as between getting a small or large amount of money.

Your lawyer will be with you throughout the whole process to make sure everything is filed correctly and that your story gets properly told. This isn’t just making sure everything is filed in time (note there are short time limits for bringing these cases), but also managing the legal process so you can focus on your physical and mental health.

If you think your rights under VESSA have been violated or just simply have questions about the process, you can speak with us for free and in confidence any time. Call us at 312-346-5320. We cover all of Illinois.

Victim Of A Data Breach? There’s Only One Likely Way To Get Real Compensation

One of the interesting things about the law is that new areas are popping up all of the time. AI has created a whole new category that didn’t exist five years ago. The legalization of marijuana has caused some firms to create practice groups that were unfathomable a decade ago.

Data breaches aren’t necessarily new, but they are really common these days as hackers break their way into systems to steal important information like your credit card, social security number, password and other things they don’t have a right to. These breaches can also be unintentional from lazy record keeping or storage.

When this happens and it’s widely publicized, the courts get flooded with lawsuits. What will eventually happen is that some day you will receive a notice in the mail and discover you are getting $10 or free credit counseling or something else trivial while some lawyers are getting millions.

There’s no realistic way for you to get that much, but there is a way to get more money. That involves being the first or one of the first people to get with a data breach attorney and have your name attached to the lawsuit.

When you are the lead or named plaintiff in a class action lawsuit – there can be more than one – you will get additional compensation for your efforts. There’s no set amount, but it’s not uncommon for the lead plaintiff to get $10,000-$20,000 or more. That may not seem like a ton, but compared to what you’d get by doing nothing, it’s likely a windfall and for not much work.

So how fast do you have to act? When AT&T disclosed it was hacked, those lawsuits were filed right away. For smaller data breaches such as when employee data is stolen or it’s against a smaller company like a hospital, it’s possible that if you wait a week it won’t be too late. But the sooner the better. Otherwise you are just lumped in with the rest of the class and likely won’t get much.

We do get asked if people can just bring their own case. You can, but in almost every case those claims aren’t worth enough on their own to get you compensation that justifies the cost of a lawyer unless you can prove actual significant harm that you’ve suffered as a result. That’s really hard to do which is why a class action, which costs you know money, usually makes the most sense.

We know aggressive attorneys who have had a lot of success with data breach and other privacy violation issues. If it happened to you and many others, please call us any time at 312-346-5320 to speak with a lawyer for free.

When Should You Hire An Illinois Medical Malpractice Lawyer?

Medical care is a critical aspect of our lives, and we trust healthcare professionals to provide the highest standard of care. However, there are times when medical treatment falls short or mistakes are made, leading to serious harm or even death.

When that happens, it’s worth pursuing whether or not you or a loved one has been a victim of medical malpractice. The question we got a lot is when is it the right time to hire a medical malpractice attorney.

The short answer is right away. That doesn’t mean you are actually “hiring” them, but having a consultation to see if there’s a case worth investigating. Even if a case seems like a slam dunk, these cases are always fought. The initial investigation to see if you even have a case usually lasts six or more months.

That said, these are things we as lawyers advise you to think about.

Recognizing Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to the patient. Common examples include:
• Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition correctly or in a timely manner can result in harm that could have been prevented with proper treatment.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can have severe consequences.
• Medication Errors: Prescribing the wrong medication or dosage can lead to adverse reactions or ineffective treatment.
• Birth Injuries: Negligence during childbirth can result in injuries to both the mother and the baby, such as cerebral palsy or other permanent disabilities.

These aren’t all of the potential cases, but some of the main causes that could lead to a case.

Things To Know When Hiring a Medical Malpractice Attorney

  1. Significant Injury or Harm
    If you or a loved one has suffered a significant injury due to medical negligence, it is essential to consult with a medical malpractice attorney. Significant injuries often require extensive medical treatment, rehabilitation, and can result in long-term or permanent disability or death. An attorney can help you understand your legal options and pursue compensation for medical expenses, lost wages, and pain and suffering. That doesn’t mean malpractice hasn’t happened if your injury isn’t serious. But as these cases are very expensive and require a lot of work, the honest truth is that lawyers are looking for claims that involve bigger injuries.
  2. Complex Medical Evidence
    Medical malpractice cases involve complex medical evidence and require a deep understanding of medical terminology and standards of care. An experienced attorney has access to medical experts who can review your case, provide expert testimony, and strengthen your claim. Without this expertise, proving negligence can be challenging. A lot of lawyers say they handle these cases, but the biggest verdicts every year seem to mostly be handled by a group of 10 or so top Illinois law firms.
  3. Disputed Liability
    Insurance companies and healthcare providers will dispute liability in medical malpractice cases. They may argue that the injury was a known risk of the procedure or that it resulted from a pre-existing condition. A skilled attorney can counter these arguments, gather evidence, and build a compelling case to establish liability.
  4. Statute of Limitations
    Medical malpractice claims are subject to strict statutes of limitations, which in Illinois can be as little as two years from when the malpractice happened. These laws set the time frame within which you must file a lawsuit. Failing to file within this period will result in losing your right to bring a lawsuit. An attorney will ensure that all deadlines are met and that your case is filed correctly and promptly.
  5. The Role of a Medical Malpractice Attorney
    A medical malpractice attorney does a lot of work including:
    • Case Evaluation: They will evaluate the merits of your case, determining whether you have a viable claim.
    • Expert Consultation: Attorneys work with medical experts to review your medical records and provide critical insights.
    • Legal Strategy: They develop a comprehensive legal strategy tailored to your specific circumstances.
    • Negotiation and Litigation: Whether negotiating a settlement or representing you in court, your attorney will advocate vigorously on your behalf.

    Medical malpractice can have devastating consequences, but you don’t have to navigate the legal complexities alone. If you believe you have been a victim of medical negligence, please call us at 312-346-5320 to speak with an attorney for free and in confidence. We will do whatever we can to help you.

See also: 20 Illinois Medical Malpractice Examples

How An Illinois Defamation Lawsuit Was Worth $28.5 Million

We get calls all of the time for people looking to sue for defamation or slander. Most of those cases go nowhere for a variety of reasons. These include:

  • They waited too long. The time limit for suing in Illinois is one year from when the defamatory statement was spoken or written.
  • Lack of harm. If you can’t prove actual financial damages, your case won’t have enough value. If it’s just your family members or some people on Facebook, the case likely isn’t worth much. It doesn’t make it right, it just means you’d likely have to pay your lawyer up front to bring the suit.
  • A bad defendant. If you were defamed, but it’s by someone who has no money, even if you win, the chances of collecting anything are low. So if you are suing a teenager or poor person, it’s probably a waste of time. Also, you can’t stop a crazy person from being crazy via a lawsuit.
  • Truth or opinion. This is the #1 defense to these lawsuits. You can’t sue someone for telling the truth, even if it’s embarrassing. And you can’t sue someone for expressing a bad opinion about you. In other words, they can say you were terrible at your job. That’s their opinion.

For these reasons and more, it’s very rare to hear about a successful defamation lawsuit in Illinois. The best ones I remember have involved public figures or situations where a newspaper or TV channel has done something egregious.

But recently there was an Illinois defamation trial that was the exception to all of this. A worker at Wells Fargo called the clients of another broker and falsely told them that he had defrauded investors in the past and committed fraud upon his clients. This was a lie.

In doing so, he did this as an agent of Wells Fargo which meant they could be sued too. There doesn’t appear to be any defense to the claims as a jury found for the plaintiff and awarded over $27 million in damages plus attorney fees which will bring the total verdict to around $28.5 million.

This lawsuit was filed in time, harm was proven by lost clients and reputation damage, the defendant is great because it’s a big company and nothing said was remotely factual or an opinion.

This is a legal unicorn. Something like this almost never happens.

By the way, the case took five years to get to trial. That involved a lot of legal work. It’s why attorneys won’t take cases without big damages. These cases take time and if they aren’t going to get a big judgment in the end, it wouldn’t be worth it to spend hundreds of hours on the case. Unless you pay them out of pocket which would cost you thousands, win or lose.

AI And Illinois Legal Help

AI (Artificial Intelligence) and ChatGPT are some of the buzzwords in life that didn’t exist in most conversations as recently as just a couple of years ago. We are ignoring the lessons of the “Terminator” movies and AI is here to stay.

I get hit up from so many companies trying to incorporate AI into my practice. In many ways it feels like the early 2000’s when people were trying to sell websites or online businesses with no real evaluation as to if they are good at their job. People love the shiny new thing and don’t want to miss out.

That’s not to say that AI couldn’t have its uses, but I’d venture to guess that time is down the road. Right now, in my opinion, it seems like taking legal advice from a first year law student.

I recently got my first phone call from someone looking for legal help who had formed an opinion via an AI app and wanted to confirm if it was correct. Unfortunately AI got almost everything wrong. The danger of course is that people are going to rely on these apps and assume that they are getting correct advice.

The law is different in every State and constantly changing. But the bigger issue as far as I’ve seen is that AI relies on you to present all of the relevant facts and can’t be counted on to ask things that an experienced attorney would ask. AI also isn’t likely to recognize other legal issues that you aren’t thinking of that would only be discovered by asking probing questions.

At least once a week for example I talk to someone about wrongful termination or medical malpractice and discover that their best case is actually for workers’ compensation due to a work related injury. Many of those callers will tell me they don’t have a work comp claim, but it’s only when I explain how work comp law actually works in Illinois that they realize they do have that option.

One company has an AI feature that says they will predict the likelihood of success in your case. That seems like the biggest bit of horse crap I’ve ever heard. There are so many factors in every case that a computer can’t know, namely what the other side is going to say. I can tell you why I think I should have custody of my child, but I’m not going to tell you what my ex is going to say because I can’t speak for them. Or I could tell you what happened to me at a hospital, but if you don’t have access to my medical records, there’s no reasonable way to predict if we’ll win the case.

And none of this even considers who the Judge is on a case and how they tend to think. If you think that a computer can indicate what a Judge is going to do, I’ve got some stories of Judges falling asleep in trial or being inebriated or being in a terrible mood for personal reasons that would indicate otherwise.

I think AI at its best right now is a better search engine than existed before, but if it’s used as anything other than a supplemental tool for an attorney, it’s dangerous. Oh and don’t get me started on law firms who use an AI tool for their live chats to help generate leads. That’s just a way to make you less customer service focused and less helpful to the people who need you.

OSHA Complaint Retaliation Lawsuits In Illinois

Despite the reputation of the Government not doing anything (and it’s not a wholly undeserved reputation), there are a lot of great Government agencies. They may not always do what we want or do it as fast as we want, but places like the EEOC, Illinois Department of Human Rights, and others do help a lot of people.

Another great agency at times is OSHA, or the Occupational Safety and Health Administration. They are the people you call when your employer is not following appropriate safety rules or putting your health in danger. You can call them anonymously, and they may come out to your employer and do an investigation.

Filing a complaint to OSHA can be viewed as a form of whistle blowing. You are trying to protect yourself and/or co-workers from injury. And usually you are doing this after you’ve gone to an employer and asked them to remedy the problem.

Most employers are great, but some really are just assholes. I’ve heard some crazy stories over the years about really unsafe working conditions. In one case where people were having trouble breathing due to no ventilation in a facility which would get to over 100 degrees, the “solution” was to tell the workers they could crack open a door. In many cases I’ve seen people have to work without proper safety equipment or on machines that failed inspection tests.

OSHA can come in after an injury, but the goal is to prevent an injury. And while you can remain anonymous, there’s no guarantee that will happen. If your employer finds out and retaliates against you, that can be illegal and a lawsuit in Illinois.

Retaliation can be as simple as making your life miserable by bullying you or giving you unfavorable work assignments. Or quite often it means that you will get terminated. We consulted with one whistle blower who literally was fired a month after being named the top employee once the company discovered they filed an OSHA complaint.

The good news is most people do remain anonymous and don’t get retaliated against if found out. That said, if you have been retaliated against over this we’d love to talk to you to see if we can help. There’s no fee to talk and usually the cases are taken on a contingency basis which means there’s no fee at all unless the case is successful.

If you’d like to speak to a lawyer for free and in confidence, please call us any time at 312-346-5320.

Can’t Find A Cheap Chicago Attorney? Could Be The PITA Factor

When we started our Illinois lawyer referral and legal guidance website in 2001, we promised to be direct, blunt and honest. We feel that is how lawyers should be because clients and potential clients need to know the truth and know that we can help them by being straight with them. Some people love it. I like direct people that get to the point. Not everyone feels that way and some people truthfully don’t like it. That’s OK. We are not for everyone. In fact, we’ve had people choose to not work with us because they didn’t like how to the point we are. That’s also OK.

When talking to a lawyer for the first time, you should be evaluating if that’s someone you feel is the right fit. That includes asking them whatever questions you have about the case, their experience, how they’d approach things etc. You don’t need to become friends with them, but should feel that they are someone you are alright talking with.

A little secret is that lawyers are evaluating you too, especially ones that are experienced and successful. And for many of them, they are using the PITA factor to decide if they want to get involved or not.

What is the PITA factor? It stands for “pain in the ass.” The bigger a PITA you seem to be, the less likely they’ll want to work with you and/or the more likely they will ask you for a lot of money to take the case on.

Take for example a recent caller to my office. He had an agreement with his ex-wife that she’d sign the house over to him in what is a quit claim deed. He’s been paying the mortgage at around $1,100 a month for over a year, but she won’t sign the house over and won’t leave. He wanted to know if he had a case.

I let him know it was a straight forward situation. What the contract says and what their divorce decree says will determine the outcome. The solution, since he’s stopped returning his calls and texts, is to sue her. That forces her to respond and if she doesn’t he gets what he’s looking for. I let him know that the attorneys who handle that type of case would charge him $1,500 up front.

He wanted guarantees he’d win and got a bit aggressive about it. I let him know that nobody honest could give a guarantee because we don’t have all the facts and don’t know her side of the story. She might say there is no contract and he forged her name. She might say that they signed a second document after the one he’s talking about. The divorce decree may have given her the house or ordered them to sell it. Or he could be 100% in the right.

The only way to know for sure is to sue and see how she responds. I get why he wouldn’t want to risk $1500 on attorney fees, but alternatively he’s spending almost that much every month for a house he doesn’t even own or live in.

He kept on being hostile so I ended the call as he was not someone I’d want to work with. Truth be told, lawyers would have more tolerance for someone like this if they were hit by a bus and had a case that could be worth $10 million. But most good attorneys aren’t going to get involved in an hourly fee case with someone who is rude and won’t listen to their advice.

So fair or not, I highly recommend to people that they put on the best impression possible when you first talk to them. You wouldn’t hire a jerk, so don’t act like a jerk. Lawyers are there to help you and while we might not tell you what you want to hear, we will tell you the truth.

Accidental Death Policy Lawsuits In Illinois

When a loved one passes away unexpectedly, the grief and pain can be overwhelming. Unfortunately, grieving relatives sometimes have to deal with an added frustration: the loved one died of an accidental death, had a life insurance policy that covers that, and the insurance company denies the claim.

While life insurance pays out for most deaths, accidental death policies, as the name implies, pay out in cases of an accidental death.

What exactly is an accidental death?

An accidental death is both sudden and unexpected. Some common examples include:
• Motor vehicle accidents (as a driver, passenger, scooter rider, or pedestrian).
• Drownings.
• Fatal falls (from ladders, roofs, windows, balconies, and decks).
• Death from leisure activities (boating, water skiing or jet skiing, snow skiing).
• Poisoning (from gases like carbon monoxide or from medications).
• Work/industrial accidents (heavy machinery accidents, equipment malfunctions, explosions, mining accidents, impact from a falling object).
• Suffocation (choking on food, other airway blockages).
• Firearms (the exclusions are those killed in combat and those who use a firearm for suicide).

This is not a complete list of examples of accidental death. The key is that the death was not intentional (suicide is), expected, or foreseeable (such as an illness).

Of course, life insurance companies make more money by not paying out on accidental death claims. Therefore insurance companies often deny claims when the situation is not cut and dried, or even when it is.

Sometimes relatives/beneficiaries of the deceased receive these rejected claim letters and simply accept it. They think there must be something in the fine print of the policy that prohibits a payout. Or they don’t know how to challenge the denied claim. It can be daunting for an individual to take on a huge insurance company and know how to respond and fight their decision.

That is where an attorney can step in and be a tremendous help, possibly the difference between no payout and tens (or hundreds) of thousands of dollars. The attorneys we recommend are highly reputable and have decades of experiences with accidental death policy cases. When a strong lawyer represents you, the insurance company immediately know that you mean business and you won’t just “go away” like they wish you would.

You do not have to pay an attorney anything up front. They only get a percentage of the money that they obtain for you and if they don’t make a recovery you owe them nothing.

There are important deadlines to meet in an accidental death policy case. Since time is of the essence, contact us today at 312-346-5320. We help with cases everywhere in Illinois.

See also: Lead poisoning and lawsuits

Foster Care Injuries In Illinois

Most people are aware of the foster care system in Illinois. Foster care exists because the home life for certain children may be dangerous to their physical, mental and/or emotional well-being.

When children’s birth parents or legal guardians are not able to adequately care for them, or they are in danger, the children are removed by social services and placed with foster parents.

Foster parents must be at least 21 years old. They must pass background checks and complete training. They must also be financially stable.

Sadly, the foster parents who are entrusted to provide a safe and stable home for the foster children sometimes fail and are abusive or neglectful.

What are some examples of social services abuse?

Physical abuse: Hitting, kicking or shaking the child, throwing objects at the child, excessive spanking/corporal punishment.

Mental/emotional abuse: Isolating the child, belittling or making disparaging comments to the child, withholding love, being highly critical.

Sexual abuse: Fondling, sexual assault, exposing child to sexual conversations or pornography, indecent exposure.

What are some examples of social services neglect?

Physical neglect: Not providing reasonable food, water or shelter. Not supervising the child adequately and/or leaving the child alone.

Medical neglect: Failure to get the child medical care when needed. Not following doctors orders or failure to give prescribed medication. Neglecting the child’s dental needs.

Mental/emotional neglect: Similar to the examples of abuse listed above. Not fulfilling the child’s need for parental love, support and affirmation.

Education neglect: Not registering the child for school or allowing the child to attend.

How do these sad and traumatizing situations happen?

Social services agencies are often overworked. The case workers may have more files than they can handle. That can lead to poor decision making and bad oversight.

When children are abused and neglected, it is often because the agency did not:
• Complete the necessary background checks.
• Adequately monitor the homes and foster families.
• Investigate reports of abuse or neglect.
• Act when there was evidence of abuse or neglect.
• Consider the families financial or physical challenges when making placements.

How can an attorney help in these situations?

We get involved in bringing lawsuits when children suffer major injuries such as sexual abuse, severe physical harm or even death in some cases. In other words, not every example of abuse listed is a case.

To get justice, an attorney would first complete an investigation of the situation to determine if the social services agency was at fault. If the agency is at fault, filing a lawsuit would be the likely next step. Going after the abusers themselves is a challenge as they usually don’t have any money. So we sue the social services agency for their negligent placement and/or supervision.

If you’d like to speak to an attorney about a possible case, we are happy to provide a free consultation. Note that there are time limits for bringing a lawsuit, so time is of the essence. Call us any time at 312-346-5320.

Illinois Divorce: Who Gets The House?

People contact us when they are looking for an Illinois attorney. Some are considering or pursuing a divorce and want to hire an experienced and reputable attorney to represent them. A question we hear often in those situations is, “Who gets the house?”

It makes sense that this would be on the minds of people about to divorce. Often the house or condo that the couple owns is their largest or most expensive asset.

If both spouses are on the title or it was bought during the marriage, it’s a marital asset. There are three options the divorcing spouses need to consider:

• Sell the house
• Co-own the house
• Agree to a buyout

Sell the House

If neither spouse wants the house, or they would not be able to afford it on their own, they can sell the house and split the profit. To get to that payout, however, there is typically a lot of work to be done. Finding a real estate agent, making repairs, and sprucing up the property involves a lot of work and money. Can the two parties do that work together or will just one spouse take that on?

Another factor to consider is the state of the real estate market. Is it a sellers’ market or are properties being listed for months before they sell?

The two parties will have to pay off the mortgage and any home equity loans. They need to prepare for the capital gains tax on the proceeds.

Co-Own the House

This is probably the least common outcome. We see this with spouses who have children and believe it is best for the kids to stay in the family home and not have to go between two houses or apartments. The divorced spouses either have separate housing and take turns staying at the family house with the children, or they live in different bedrooms/parts of the house.

This can be a permanent or temporary solution (e.g., in place for 2 years before revisiting the situation). Either way, the spouses remain tied to each other financially.

Agree to a Buyout

In this situation, one spouse wants to keep the house and the other agrees to move out and accept a buyout. The tricky part is determining what the fair amount is for the buyout and how that value is given to the spouse.

Sometimes other money or assets are given in a buyout. Sometimes payments are made over time. Occasionally, the spouse keeps the home as a form of lump-sum alimony.

When you and your spouse can’t agree on one of these three options, a Judge may decide for you and usually that will mean forcing a sale of the house.

Going through a divorce is obviously stressful. But having an experienced advocate in your corner who will help you through the process, including the big issue of who gets the house, will make the process easier. And in the long run, you will likely be better off financially than if you didn’t hire an attorney or if you hire one who isn’t good at their job.

For the best divorce attorney for your situation, contact us at 312-346-5320. We help with divorces in Cook County and the neighboring counties of Lake, DuPage, Kane and Will.

See also: Children of divorce can’t choose which parent they live with

What To Say To Illinois Police When They Pull You Over

You’ve heard the old saying that anything you say can and be used against you and that you have a right to remain silent? It’s great advice. And while I’m not saying you have to be a mute, there are clear answers you should give to the four most common questions a cop will ask you when you are pulled over in Illinois.

The first thing I’ll tell you is that you can and should be polite. Say hello, but then let them lead the conversation. The first question will usually be something like:

Do you know how fast you were going?

This is a trick question. If the speed limit is 55 and you were going 80, telling them that you were going 70 is still admitting to speeding. Also, the question implies that you were doing a certain speed the whole time. You can usually honestly say “I was going the speed limit.” It’s not your job or a good idea to confess to a violation. And you don’t know at what point they were referring to.

If they don’t ask how fast you were going, they might say something like:

Do you know why I pulled you over?

Again, it’s not your job to confess. The proper answer is “I do not.” You might admit to something they weren’t thinking of like a broken taillight or speeding.

It’s possible they will then ask you this:

Can I search you and your car?

They can’t do this unless you consent or they have probable cause such as seeing a weapon in the back seat or evidence of illegal drugs. Again, the right answer is a polite no.

Finally, they might ask you:

Where are you coming from and where are you going?

This is none of their business. Some lawyers will tell you to say “I don’t feel comfortable sharing that information with someone I don’t know.” Others would tell you the simple truth of “work” or “home” is fine. Either way, don’t over share.

The bottom line is that the less you say, the better in most situations. It’s not your job to admit guilty or prove innocence. It’s their job to prove you did something wrong.

What To Do About A Terrible Illinois Law

For Illinois lawyers, no matter what area of law you focus on, it is your job to represent your clients based on what Illinois law is. While there are times when “new law” is created through the courts, the reality is that most law is settled even when it has a grey area.

In other words, lawyers aren’t law makers. We don’t make the law. We don’t usually change the law. We deal with the law as it is and advocate for clients based on what it is. If you come to us with good facts, we can help you. If you come with bad facts it will be much harder.

For example, if you are charged with speeding 27 miles an hour over the limit, a good lawyer can usually make it so that ticket either goes away or doesn’t cause you to lose your license. But if you are like the teenager who called me recently and was going 120 in a 55, those are bad facts and getting a Judge to let that kid keep his license would be a big challenge for any law firm.

When you call us (312-346-5320) to speak with an attorney for free, one thing we promise is straight talk, even if that means telling you that you don’t have a case. So about once a week we’ll hear from someone that can’t be helped and they’ll respond by telling us the law stinks and it needs to be changed. They will often ask for our help in changing it.

For example, a woman called me who sadly lost her husband due to what she believes is medical malpractice. The problem is that case needs to be filed as a wrongful death lawsuit. There’s, generally speaking, a very strict two year time limit for suing. She called me about three years after the death. There’s no way for me or anyone to help her.

She didn’t like the answer and I get it. Her explanation as to why she waited so long was that she was grieving. That makes perfect sense to me, but unfortunately the law doesn’t carve out an exception to the time limits for people who aren’t emotionally ready to sue. I wish they did.

It’s not our job to tell you what the law should be or even agree with you on what you think it should be. It’s our job to offer a legal analysis based on what the law is. That’s all we can do.

This woman said to me, “Someone really needs to change that law.” I hear a version of that once a week or so. I often agree with it. So what can you do if you want a law changed?

You have to go to the legislature. Illinois State Senators and Representatives write and make laws. They often do so after hearing from concerned citizens like yourself. Often they aren’t thinking about how an existing law can have unintended consequences.

Does that mean that if you go to them the law will be changed? No. But it is the logical first step and how many laws get change or come into existence in the first place.

Imane Khelif Should Sue In US Courts

The Paris Olympics were awesome. Steph Curry’s gold medal heroics and Simone Biles comeback win were some of the greatest sporting achievements I’ve ever seen. I didn’t watch any boxing, but like many I heard about the manufactured controversy around female boxer Imane Khelif.

The gist is that she’s very muscular and not traditionally feminine looking. She beat a Russian boxer last year and the IBA disqualified her saying she failed some non-specified eligibility test that reportedly they won’t disclose to anyone. Bottom line is she was born a female and is a female. She actually boxed in the Tokyo Olympics in 2021 and it was a non-issue.

A lot of well known people including Elon Musk, JK Rowling, Trump and others posted things online that said or implied Khelif is a man. It led to a lot of harassment toward her, but fortunately didn’t stop her from winning gold.

I read this week an article that Khelif filed a cyberbullying lawsuit, but from what I can tell, that is some sort of criminal complaint as it’s being led by prosecutors. I’m an Illinois lawyer and of course not familiar with French law.

No matter what she’s doing over there, Khelif should consider filing a lawsuit here in the States against anyone based here who defamed/slandered her. There wouldn’t be any criminal charges from that, but certainly could be very significant, as in seven figures, civil remedies available.

Generally speaking these are very hard cases to bring and win. There’s a high standard to show harm, especially when you are a public figure as she is. But when people state blatant and provable lies about you that damage you and are widespread, you have big financial damages and actual winning facts.

Hopefully her lawyers are telling her about this. We see probably ten winning cases of significant value for defamation/libel/slander a year just because most of the times it’s not this egregious or wide spread. There’s a big difference between saying “she looks like a man” which is an opinion and protected speech and stating as a matter of fact that she actually is a man.

So I do hope she sues because it’s a great way to stop people from being reckless online and searching for rage engagement.

US Healthcare Sucks

I stumbled across this old tweet and article that basically lays out the problem with health care in the United States.

Basically, many of the worst doctors are leaving medicine and making sometimes life-altering decisions as to whether or not you can get the treatment that your reputable doctor thinks you need. These decision makers include doctors who were sued many times for botching treatment and have essentially been forced out of the profession.

The bigger question of course is why should an insurance company get to question this at all? They really shouldn’t. And while opposition to universal health care has included scare tactics of socialism, higher taxes, etc. the reality is that study after study shows that your individual yearly cost for healthcare would be much, much less if you weren’t paying insurance premiums, co-pays, out of pocket costs, etc.

Legally this leads to so many troubles. Most individual bankruptcies have medical bills as a part of them. I’ve seen people lose their life savings in order to pay for an operation. Even in cases where medical coverage shouldn’t be an issue, like workers’ compensation, we see doctors doing “record reviews” to try and help an insurance company avoid care. This happens often with doctors who are actually either very old, out of state or both. It’s a joke.

Of course if there was universal health care, we’d remove so much costly red tape. Many insurance executives would be out of a job and wouldn’t have income to buy their 4th home. Boo hoo. I as a lawyer would be affected as I’d lose out on many great cases and nothing would make me happier. We don’t want people to suffer and our current system does that.

If you are “pro-living” this should be your stance. Sadly, it doesn’t appear we will ever have enough politicians courageous enough to make this change.

Someone Finally Arrested For Trespass At Comiskey

Yeah, I know it’s not really called Comiskey any more, but if you grew up in the 80’s like I did, you are going to still call it Comiskey. I’m a Cubs fan, but my most memorable White Sox moment is when a father and son were arrested for storming the field and assaulting a Kansas City Royals coach. It was disgusting and they fortunately were criminally charged. It does make for good fun when I tease my White Sox fan friends.

Since that happened, it seems not a major sporting event goes by where a fan doesn’t try to run on the field. Some do it as a goof. Some do it because they want to meet a player. I can’t even count how many have run to Messi and Ronaldo over the years. Some are drunk idiots. And some, of course, have bad intentions.

Since that wonderful White Sox event, a law was passed that makes running onto the field at a sporting event in Illinois a felony. These events mostly take place in Chicago, of course. I can’t recall one time that anyone has been charged with a felony since. That all changed Saturday night.

During the Cubs-White Sox game, two “fans” stormed the field in the 9th inning. One appears to have hurt himself and both of them got arrested. It seems to be separate events and who knows if one inspired the other.

The reason these events are felonies is to discourage anyone else from doing the same thing. But much like our gun laws, if prosecutors don’t enforce the laws, people won’t be deterred because they think nothing will happen.

We are a long ways from the funny days of Morgana The Kissing Bandit. People shouldn’t run on the field at sporting events. Until the general public is aware of what the consequences are it will keep happening. This is the best way to stop it.

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