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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.

Implied Contracts In Illinois

Imagine this happens to you. And it won’t be hard to imagine as it happens to thousands of people every year.

You live out of state and are looking for a new job. You interview with an Illinois based company (could be anywhere though) and eventually they offer you the job. The job requires relocation so you and your spouse sell your home, pack up your stuff and move to Illinois. You spent thousands on movers and just signed a lease for an apartment in a city where you don’t know anyone. But you are optimistic the job is going to work out and things will be great.

A week into the new job, your boss pulls you aside and lets you know that there has been a change of plans and they have to let you go. Maybe it’s because they realized you aren’t qualified. Maybe they don’t think you fit in or you did something that was a red flag. Perhaps the company had a financial downturn or found a better candidate. Now you have a lease, no friends or family around and no job.

A caller who had this exact scenario wanted us to sue because he felt that there was an implied contract that he’d have a job. Unfortunately for him there wasn’t a written contract that actually would have shown a meeting of the minds. Illinois is an “at will” employment state which means you can be let go at any time for any reason. And this is true even when you’ve up rooted your life to move here.

While an argument can be made that the employer should reimburse some moving expenses as he relied on their promises, even that is a stretch. But beyond that, it’s really hard to prove an implied contract exists. That’s because those types of situations don’t lay out an actual agreement, actual terms, how to resolve disputes or anything else that an actual written agreement does.

This situation sucks for this worker and it’s why we recommend that before you make this type of move, you ask for some guarantee as to compensation and/or employment length. Your new employer may not give it, but it’s worth at least asking the question.

Now this isn’t to say that implied contracts could never exist. They do. For example if someone tells you they want you to mow their yard every Monday and will pay you $100 a week to do it, if you mow the lawn four times and they won’t pay, they probably owe you $400. Or if a boss tells you that you’ll always have a job if the company exists. But generally speaking, if it’s not in writing you are looking at a battle to win your case.

You Aren’t Really Suing Grandma and Grandpa

A guy contacted us recently. His daughter was at Grandma and Grandpa’s house (his parents) when she was very badly injured in an accident. She needed and received significant medical care. She should make a recovery, but has needed multiple surgeries and a lot of physical therapy.

The accident occurred because the grandparents let their grandchild do an activity that wasn’t safe for such a young girl. They feel terrible about it, and of course, didn’t want it to happen. The father wanted advice. Is there any way to get his daughter’s medical bills and future physical therapy sessions paid for without suing the grandparents?

He was surprised that the answer is yes, but also no. Does that sound like weird lawyer talk? Let me explain.

He would not actually be suing his parents. He would be filing a claim against his parents’ homeowners insurance. No lawsuit would happen right now, but instead an attorney would try to resolve the situation with the insurance company. Not a penny will come out of Grandma and Grandpa’s pockets.

If a lawsuit did have to be filed, it technically would name the grandparents as defendants. In reality it would be the insurance company policy they were going after. The insurance company would hire the lawyers to defend them and the attorney for the granddaughter would not seek any money out of pocket from the grandparents. The worst thing that could happen to them is that their insurance rates go up a bit. In a case like this where the medical bills are in the six figures and the policy is a million dollars, it makes sense to pursue it.

This situation is similar to what happens in a car accident. If someone in their vehicle hits you in your vehicle, you’re not actually suing them personally for the repairs and medical care (if you were injured). Your lawyer negotiates with their insurance company to reach a fair settlement. If a lawsuit is needed you are suing the other driver, not the insurance company, but the insurance company steps in.

We also got a call from a mother whose son was injured on the trampoline at their close friends’ home. She was worried that their friendship would be ruined if she sued them. This is one of the reasons why people have homeowners’ insurance and sometimes even an umbrella policy. It’s not just in case of a fire or property damage. We explained that she would not be suing them, she would be making a claim with State Farm, the company that her friends had their policy with.

Now, dealing with insurance companies and filing a claim is not a breeze. Insurance companies make money by not paying out every claim. That’s where an attorney can step in and be incredibly helpful. Lawyers who focus on injury cases know the law backwards and forwards. They know the right steps in the process and are much more likely to get you the maximum settlement. You don’t have to pay them anything upfront. They get a portion of what they recover for you.

If you have questions or would like our help in finding the best attorney for your case, please call us for free any time at 312-346-5320.

Illinois Law – What Is A Civil Attorney?

We have spoken with more than 500,000 people in the last 23 plus years. We hear a lot of unique situations for people who are looking for Illinois lawyers. We also hear a lot of similar cases. In that regard, many people say similar things to each other. One of them is this:

I don’t know what type of lawyer I need, but I think I need a civil attorney.

Where people are often misinformed is in knowing what a civil attorney is. It’s a very generic term for the most part as pretty much any case that ends up in court is considered civil litigation.

In other words, if you are bringing a medical malpractice lawsuit against a doctor for a failure to diagnose cancer, that is a civil lawsuit. If you are filing a lawsuit against your neighbor who hit your car, that is a civil lawsuit. If you are suing a life insurance company for not paying out the death benefit on a policy of a loved one who passed, that is also a civil lawsuit.

Each of these cases would require a different type of attorney. So when looking for a lawyer, it’s best to find out what type of lawyer typically handles your type of case. For example, if suing a doctor, you are looking for a medical malpractice lawyer.

Someone who says they are a civil attorney implies they can handle most cases that they are presented with. That’s not the type of lawyer we advise you to get. We recommend that when possible that you look for a law firm that focuses on the type of case you want to bring and has a track record of success to point to.

Now of course there are some cases that are unique. There isn’t a lawyer who makes a living by filing lawsuits over a general dispute between siblings over rent paid on a property they jointly own. But there are attorneys whose practice focus is general civil litigation. There are others who may focus on items relatively close to that such as real estate litigation.

And in other scenarios, if you are trying to recover a dog that your ex is keeping from you, you might not think there are attorneys experienced with that. But what that case involves is recovering property. The legal term for that is replevin and many lawyers do that type of work.

Now you can’t be expected to know what to call your unique legal situation. That’s what we are for. You can call us any time at 312-346-5320 to learn what type of lawyer you need. And if we know someone we think can help, we’ll refer you to them.

Illinois Tip Theft Attorney Advice

As a former waiter, bartender and yogurt store employee, I’m all about tips. I’ve made my living that way and certainly try to pay forward the generosity I received in my service industry days.

There are more opportunities and requests to tip than ever before. Under Illinois law, tips are the property of employees. Your manager, supervisor or the owner can’t take them. The Illinois Wage Payment and Collection Act makes this crystal clear. Gratuities belong to the workers who earn them.

Despite this law, and despite owners and managers knowing this law, tip theft happens all of the time in Illinois. And it’s not just them taking money from the tip jar and pocketing it, or doing things like using it for staff appreciation parties.

In one case we’ve been involved with, a restaurant owner was taking 10% of all credit card tips and using that money to pay for house staff such as the cooks. This is highly illegal.

This type of nonsense is happening hundreds of times every year in Illinois. Many workers simply do not know their rights so they go along with whatever the boss says. That’s not how the law works. And even if you agree to it doesn’t mean that you can’t go back and get the money that was stolen from you. In one study, 57% of workers said that they had to tip out their managers. That’s nuts.

And to be clear, when they take your tips, they are in fact stealing. The money doesn’t belong to them or anyone else who hasn’t earned it. One attorney we know who brings these wage theft lawsuits says that in almost every restaurant around some sort of violation exists. And that includes the big chains as well as the mom and pop type places.

The law also doesn’t change if you are an undocumented worker, a relative of the owner, a minor or anyone else. Plainly stated, tips belong to the people who earned them.

The other way employers steal is by having tipped workers do work that they aren’t compensated for and don’t involve their duties in which tips are earned.

The good news is that these problems are solvable and it doesn’t cost anything to get a great attorney to represent you and go after the money you are owed. If you’d like our help with that please call us any time to speak with a lawyer at 312-346-5320. We cover all of Illinois.

Why Doesn’t The ARDC Punish Ambulance Chasers?

If you get into a car accident in Chicago or a nearby area that is not your fault and you have an injury, there is some advice to know. Call the police so there’s an official report of what happened. Go to the doctor ASAP so your injuries can be documented. Oh, and get ready to be flooded with calls, texts and even in person visits from personal injury attorneys or their representatives. Especially if it involves ambulance chasers.

That’s right, if you get hurt in a car accident and there’s a police report or any other injury that makes the news, scumbag PI lawyers, especially in the Chicago area, will be seeking you out.

When I became a lawyer I was certainly naive and didn’t think this type of stereotypical ambulance chasing actually happened. But it does all of the time.

Some attorneys have cops that they pay to either hand out their business cards or give them information on accidents. Others buy traffic crash reports which contains your personal information. Some will merely send you a letter or post card. If it says “lawyer advertisement” on it, that’s considered permissible free speech.

What they aren’t supposed to do under Illinois ethic laws is solicit you verbally if they don’t have a prior relationship with you. The way they get around that is to have “runners”, who are non-attorneys, approach you and try to get you to sign. And it won’t be 1-2 people contacting you, but 10-20 firms or more trying this slimy tactic. I can’t imagine running a business in that way.

The ARDC or Attorney Registration and Disciplinary Commission is in charge of licensing and disciplining attorneys in Illinois. They surely must be aware of this not so hidden secret as it’s routinely discussed on various listservs and it’s being done in such a blatant way. Just recently within 24 hours I had two calls from potential clients. One was talking to a non-lawyer who had shown up at her home to try and sign her family member up. The other was injured while in town on vacation and had received numerous calls and texts.

There are hundreds of great, ethical attorneys who would never take this approach. There are also hundreds who are doing it because they don’t think they can compete any other way or they just don’t care about ethics. Many of those are from nation wide firms who are setting up shop in Chicago and other major cities and aren’t really here, at least not in terms of having their main lawyers in Chicago.

And this is just a symptom of a huge ethical problem in the legal industry. Some claims I’ve heard repeated beyond all of this include:

  • Allegedly the major accidents division of the Chicago Police Department routing cases to certain lawyers for referral fees (which is illegal).
  • Church leaders receiving compensation for directing members to certain lawyers.
  • Injury firms throwing golf outings and other parties for union leaders, cops and other referral sources where they have a “raffle” in which everyone wins a prize that includes lavish trips, big screen TV’s, cash, etc.
  • Law firms buying gifts and groceries for injury victims to entice them to sign (also illegal).

Any time I hear from someone who says they’ve been solicited in unethical ways, I strenuously encourage them to report the lawyer/law firm to the ARDC. I’ve probably made that recommendation over 100 times. I know other lawyers have done the same. Yet I can’t recall one disciplinary investigation over this in the last decade. It’s certain that nothing has been done to dissuade this predatory behavior. And I have no idea why.

I usually hear from people who have been approached in one of two ways. The first is that they are being flooded with calls and contacts and don’t know what to do. They usually find this approach as gross as I do. The second is a couple of years after the case is going on when they get a settlement offer. I usually hear something like, “I signed with this lawyer because he promised me my case was worth at least a million dollars, but now he’s telling me to settle for $75,000.”

In almost every instance when that happens and I ask how they got the lawyer in the first place, they tell me the attorney reached out to them.

On behalf of every Illinois attorney who believes in ethics and that attorneys whose actions bring shame on the legal system as a whole should be disciplined, I’m begging the ARDC to show leadership in a way that appears to have been lacking.

Illinois Personal Injury – What Is My Case Worth On Day One

A woman called me and said she was in a car accident and hired an attorney right away because she saw a commercial where the attorney told her on the TV that they could tell her on day one with the case was worth. That is complete and utter nonsense. Of course, this is a firm that is known for doing questionable things and we get a lot of calls from their unhappy clients.

The reason it’s nonsense is there is no way to tell after an accident or even a week or two later what your ultimate injury will be. It’s not uncommon to feel fine after an accident because of adrenaline, but then notice terrible neck or back pain a couple of days later. Nobody knows what medical care you will have, what financial loss you will suffer, how this will impact you in the future, etc.

The only possible exception to this would be if someone was killed, but even then, you’d not likely know the extent of any insurance that was available and there’s no guarantee that an insurance policy is going to be offered. You also likely don’t know much about the at fault party and what assets they have beyond insurance. You might think they were driving their personal vehicle, but later discover that they were driving for work. That could dramatically change how much money a case ultimately is worth.

I get why people want to know what their case is worth. But only slimy attorneys tell you that right away because they know that they are lying just to get you to sign up. There are so many variables that could determine the ultimate outcome.

An honest attorney who will truly look out for you will tell you they can’t answer the “what is my case worth?” question, but will show you how their track record of success can help you get the most money in the end. They will also discuss ways that they can protect you along the way as well as all of the do’s and don’ts to be aware of such as not posting on social media about your case.

In general it’s a good idea to avoid the types of lawyers who tell you what you want to hear. They are comparable to slick used car salesmen. We don’t ever do that, but instead talk to you directly and honestly. We treat our callers like they are family members or friends and leave all the BS out. If you’d like a FREE consultation with an attorney, contact us any time at 312-346-5320.

Never, Ever Talk To The Police

I get calls all of the time from people who have done nothing wrong looking for an Illinois criminal defense attorney. It’s usually some version of the police called me or came looking for me.

When they are innocent, they will often tell me that they want to go talk to the police. “I didn’t do anything wrong, so what should I be afraid of.” Or, “They’ve got nothing on me, and I can explain what really happened.”

I’m here to tell you to never ever talk to the police. You might like/love cops and it doesn’t matter, don’t do it. You might have a simple explanation as to what happened. Don’t do it. You have a constitutional right to remain silent and should at all times.

But don’t take my word for it. Listen to this criminal defense attorney who articulates why you should never talk way better than I can.

So even if you are innocent or just want it to go away, keep your mouth shut. Call a criminal defense attorney and let them do the talking for you. It will save you time, money, embarrassment, and so much more. If you have questions or want an attorney referral, call us any time at 312-346-5320.

See also: Chicago Criminal Lawyer Advice – Talk To The Police?

Illinois Failure To Diagnose Prostate Cancer Lawsuits

Prostate cancer is cancer that occurs in the prostate, found only in the male body. The prostate is a small walnut-shaped gland that produces seminal fluid that nourishes and transports sperm.

Most of us know someone who has had or currently has prostate cancer. It is one of the most common types of cancer. Prostate cancers can grow slowly, stay in the prostate gland, and not cause much harm. However, other types of prostate cancer are much more aggressive and can quickly spread. Early detection is critical because the best chance for successful treatment is when the cancer has not spread beyond the prostate gland. It’s when it’s not caught early, but should be that you may have a medical malpractice lawsuit in Illinois.

Urologists and primary care doctors should offer prostate cancer screenings to their male patients starting at age 50. For those men who are at a higher risk (for example, they have a family history of prostate cancer), screenings should be offered before age 50. For most men, screenings every 2-3 years is appropriate, but that can vary based on the results of your first screening.

There are two tests doctors use to detect prostate cancer. Both are simple and can be performed during a doctor’s office visit.

One is the PSA test. That is a prostate-specific antigen blood test. It measures a protein in the blood that is usually high if there is a prostate problem. However, this protein isn’t always elevated when cancer is present. So a second test, a DRE, or digital rectal exam, is also needed. The doctor manually examines the patient’s prostate for irregularities such as unusual size, texture, and shape.

Usually the process of prostate cancer detection and treatment goes smoothly. Unfortunately though, we have seen our share of medical malpractice cases due to doctor error. Those medical mistakes that delay the diagnosis of prostate cancer include the failure to:

• Offer (or at least recommend) routine prostate cancer screening

• Offer (or at least recommend) early prostate cancer screening for men at an increase risk
• Order a PSA test
• Perform a digital rectal exam
• Follow up thoroughly on PSA test results
• Investigate any suspicious findings from the tests

Because early detection and treatment is so important, a medical mistake (i.e. preventable delay) can cause a severe negative impact on the patient. Injuries from the failure to diagnose prostate cancer can include:

• Death
• Inoperable cancer
• Much more aggressive, invasive, and/or expensive treatment than would have been necessary (surgery, radiation, chemotherapy)
• Extreme pain
• Loss of sexual function
• Much longer recovery time
• Lost wages from being unable to work
• Long-term disability or permanent disability

We’ve been involved in a lot of lawsuits for failure to diagnose prostate cancer. The most common reason seems to be a failure to follow up on a high PSA test result. An experienced attorney who has successfully handled these failure-to-diagnose cases can help you or a loved one get the justice and compensation you deserve.

There is no cost to start an investigation into a case and we only get paid if we are successful. If you’d like to discuss a case, please call us any time at 312-346-5320 to speak with a lawyer for free.

Illinois Legal Advice For The Class Of 2024

I was sitting at a sporting event recently, talking to a friend. Her teenage daughter who is about to graduate was there and somehow the topic turned to “What do you wish you knew when you were younger?” That led to us discussing legal advice people that call us wish they knew. Here is some legal advice for the Class of 2024 and everyone else too.

Never co-sign a loan for someone – If you do and they don’t pay, you are just as responsible for the loan as they are. In 23+ years of running this website, we’ve talked to hundreds of people who have done this and see it go sideways. A typical call is something like: “My boyfriend couldn’t get a car on his own so I co-signed for him, but the vehicle is in his name. We broke up and now he’s not making payments. The finance company is coming after me. What can I do?” The answer is to pay off the debt and go after the ex.

It’s not just romantic partners. We see this issue with parents and kids, other relatives, best buddies and even casual acquaintances. The people who co-sign are usually well intentioned, but as they say, no good deed goes unpunished.

Don’t drive a car you are not insured on or let someone use your car who isn’t insured on it – If you do this it could blow up your life financially. Basically you risk being on the hook for an uninsured accident. If that happens, the Secretary of State could suspend your license until you pay off the damages. That could be tens of thousands you owe out of pocket. In other words, if you are at a party and your friend is too drunk to drive, if you drive their car for them, you could be screwing yourself. Call an Uber or find someone sober who’s on the insurance to drive.

We see this happen a lot where a friend or relative borrows a car and they aren’t thinking anything bad could come of it. The reality is that if you borrow a car, it’s similar to buying a car and not getting insurance on it. And if you loan someone your car, you can be personally responsible potentially if they drive negligently.

Get a pre-nuptial agreement – Nobody thinks their marriage is going to end in divorce, and hopefully it won’t. Some people think a pre-nup isn’t romantic and is only for rich people. What it really is, is a contract to decide how things will get handled if the marriage goes sideways. It can save you both a lot of heartache and money if a divorce does happen. It’s much better to negotiate the terms of a divorce when you are loving each other than when you are hating each other.

Move over one lane or drastically slow down if you see an emergency vehicle on the side of the road – Those who fail to do this get what is called a Scott’s Law violation, named after an emergency responder who was killed on the side of the road. It requires you to move over a lane or slow down in these situations. Those who don’t risk a suspension of their license and a fine up to $10,000. Many people who get these tickets actually do so in a sting operation where there’s a second police car up the road waiting to pull you over.

Get a will and health care power of attorney done even if you have no kids or spouse – The power of attorney form is especially important. It dictates what will happen if you can’t make medical decisions on your own. And you can do the same with your finances. This isn’t for old people, it’s for everyone. You are one bad accident or illness away from needing it. Be prepared.

Don’t sign a birth certificate if you aren’t 100% sure you are the father and even then you might want a paternity test – If you do and later learn you aren’t the father, you likely will still be on the hook for child support payments.

It’s very hard to find a free lawyer, but there’s one tip for doing so – While there are great organizations in Illinois who provide free legal help, they seem to be hard to get. My advice is that if you can’t find a free lawyer is to Google, “What are the 20 biggest law firms in Chicago?” Most of them have a pro-bono department where newer attorneys will represent you for free under the supervision of more experienced attorneys.

Your cousin, friend, neighbor, etc. who is a lawyer probably isn’t right for you – When hiring a lawyer, think of hiring a doctor to do a surgery. You want to hire someone who makes that area of law their main practice focus. Too often, especially in personal injury cases, lawyers with no experience in a subject area take on a case they aren’t qualified for. You go to them because you know them. They should tell you that it’s not their area of expertise or that they’ll refer you to someone who is better suited to help you. We get a couple of calls a month from someone who got screwed over by someone they trusted and it’s usually because that lawyer thought they’d make an easy buck. Look out for yourself by getting an attorney in your corner that clearly knows what they are doing.

Get it in writing – It’s not that verbal contracts can’t be enforced. They can, but they are also open to interpretation. When you have a well written agreement, it takes away all of the ambiguity and spells out what to do if there is a problem. So if you lend your friend $5,000 and they don’t pay it back, a contract will prevent them from lying in court and saying it’s a gift. If the place you are buying a car from says they’ll give you free tune ups for a year, but it’s not in the contract, you don’t really have it. If you start a business with someone and they tell you that you will be a part owner, a contract proves it. Get agreements in writing. It’s the safest and smartest thing to do.

I hope these tips help. If you have any questions or need help finding a lawyer, contact us any time at 312-346-5320.

Suing West Suburban Hospital For Malpractice May Mean Suing The USA

When you visit a hospital, you don’t go there thinking that it’s going to result in a lawsuit. You are there to get better and it’s only when something goes terribly wrong that you or your loved ones think about finding a lawyer to sue.

When that happens, it’s likely you’ll learn a lot about the legal system you didn’t know. For example, there are time limits for bringing a lawsuit. To sue for malpractice in Illinois you need the opinion of a medical expert that malpractice occurred. You’ll also learn that these are difficult cases that take a lot of time.

One thing I learned that I didn’t hear about until I was licensed for more than ten years is that sometimes you’ll be shocked over who you actually have to sue, and that can change the rules. One such situation happens to many people who go to West Suburban Hospital and many other medical facilities in the Chicago area.

Many of the doctors there are actually Federal Government employees. Sometimes this is done to provide assistance to those in under-served or poorer areas. Other times it’s done to help military doctors keep up with the skills that they need.

Whatever the reason, most patients don’t even know they are seeing a Federally employed doctor. They are just there to get medical care. But if you experience malpractice it’s incredibly important to know who the doctor truly works for. These lawsuits are governed by the Federal Torts Claim Act (FTCA) and have their own rules.

First off, the time limit to sue Federal doctors is different. It’s two years which can be the same as regular Illinois cases, but it’s way shorter if you are talking about a birth injury or injury to a minor. In those cases you might think you have eight years to sue (Illinois law) but you really only have two (Federal law). So if you aren’t aware of this and wait too long, it could literally cost you millions.

The other big difference is that before you sue a Federal doctor, you have to file what’s called a Form 95 that lays out the facts and asks for specific compensation. This gives the government time to respond and has to be done before a suit can happen. Beware, you can’t receive more than you ask for so it’s important to ask for a large number even if that number is unrealistic.

The final difference is where the case gets filed. It has to happen in Federal Court. That expands the jury pool and can often make it harder to get a big recovery.

All of this is of course why it’s really important to get an attorney who has years of handling these cases and knows what to look for, how to win them, can afford to bring these very expensive cases and has a track record of success.

If you would like our opinion as to which Illinois attorney is best for your medical malpractice lawsuit, please contact us any time at 312-346-5320.

11 Legal Tips For Anyone Getting Married

We are in the throes of wedding season. I just celebrated my 25th anniversary, and I haven’t been to a wedding for a couple of years. But not too long ago, I was going to what felt like one wedding a week, and I’m sure there are plenty of 20- and 30-somethings who are going through that now, or even getting married themselves.

With that in mind, I thought I’d put together a list of legal tips for those getting married. I’m an Illinois attorney and while it’s possible these tips apply in other states, they are meant for Illinois. Now that I have that lawyer disclaimer out of the way …

  1. Get a prenup. If you do that, most of this list becomes obsolete. It’s the smartest thing you can do and I wish it was mandatory for everyone getting married. Note that it can’t be done last minute if you want it to hold up.
  2. Assuming no pre-nup, remember that things acquired during the marriage are considered marital assets. Each spouse has an interest in them.
  3. If you owned a house before the marriage, it’s not likely a marital asset unless you put your spouse’s name on the title. If you aren’t on the title it’s worth discussing having that changed.
  4. If you are married to someone who starts a business during the marriage, that is also considered a marital asset. That includes people who become partners in doctor’s groups or other professional environments.
  5. Items inherited during a marriage are not marital assets unless you co-mingle them with the marital funds. If you need to know how to prevent that or require a more detailed explanation, give us a call. Generally speaking though if you inherit money and don’t want it to be a marital asset, open up a bank account in your name only and put the money there.
  6. Earnings from 401k or pension plans before a marriage aren’t marital assets, but the day you get married, your spouse has an interest in that money from that day forward.
  7. If one of you gets cold feet and calls it off, that can affect who keeps the engagement ring. If you proposed and call it off, the ring is a gift. If you were given the ring and call it off, you have to give the ring back.
  8. If you’ve been paying rent on your fiance’s home or helping with the upkeep, you are legally most likely just a tenant.
  9. Being on a mortgage or lease payment (like a car for example) doesn’t convey ownership rights if it happens outside the marriage.
  10. Getting married or not has nothing to do with kids and custody. That is based on the best interests of the child.
  11. While a pre-nup is best, you can always do a post-nuptial agreement.

The hope of course is that you’ll have a long, happy marriage. But it’s always best to be informed and prepared. If you have any questions please call us at 312-346-5320.

How To Make The College Application Process Better

It’s not unusual for me to hear someone say, “There ought to be a law …” and me tell them that what they are saying makes sense. Sometimes it’s something where a law could actually happen and other times it’s them seeing something that isn’t run efficiently and wanting to improve it.

I thought of that as I reflected on the college application process. I’ve been fortunate that my kids have both ended up at great places which seem to be perfect fits for them. But the horror stories I’ve heard along the way calls for some changes to be made to the process.

First off, the gaming of the system and advantage that wealthy families have is out of control. If you are a college admissions officer and are blown away by an applicant’s essay, chances are that it was edited or even partially written by a highly paid college counselor. If you are impressed that a kid did volunteer work, don’t be surprised if it’s really something that was put together by the parents that the kid had to do. That’s not to say that there aren’t a lot of kids doing great volunteer work that they care about, but when thousands of kids are all doing it through the same nationwide organizations, it kind of loses its luster. I’d love to see someone commission a study to see how much volunteer work kids do from age 18-25.

Many kids today are feeling compelled to start the college prep process in Junior High. That’s nuts. But when great schools like UCLA have 150,000 applications or Michigan has around 100,000, there is a lot more competition for a lot fewer spots. When you take away spots for athletes, some legacies, and rich donors, there are even smaller chances than you think. Everyone knows some super smart kid with straight A’s and great test scores who didn’t get into their top choice. That’s because there are tens of thousands of kids with similar profiles and they are applying to the same schools that have really limited spots. It’s not an exaggeration to say it’s harder to get into UCLA than most Ivies simply because of how many impressive applicants are applying.

A lot of the high application numbers are due to the common app. It makes it easier to apply and for some states you can just check a box and apply to multiple schools at once. It’s awesome that so many people have access to applying to college, but I think it has an unintended effect of preventing a lot of lower income kids and others from getting a proper look or even having a chance at schools they are interested in. Basically I believe that many kids are applying to schools without reason or strong desire to go there.

And colleges know this too so one thing you’ll find is that the concept of a “safety school” is going away as well. Schools are insanely worried about their yield which is the percentage of people who accept the offers given. This factors into rankings which is another absurd thing that everyone worries about. Because schools are worried about yield, if you don’t apply early decision to a school you are more than qualified for, they will likely defer your application and then ask you to commit to accepting if they offer you. It’s not a situation where they are trying to get the best students or best fits for their school, but instead where they are trying to get the best acceptance rate possible.

The other awful thing a lot of colleges do is pressure kids with the essays they ask. There’s a big focus on overcoming hurdles. Now if a kid had cancer, or was from an abused home, or lost a parent, it’s amazing if that kid persevered and accomplished things. I believe those factors should be considered. But two unintended consequences are happening. First, these highly paid college counselors are polishing up the trauma these kids experience. Many kids haven’t processed it in a way that can be fully articulated and others are pressured into making more of a situation than it really is. It’s almost as if you have to compete with your trauma. But way worse is that kids feel pressure to share their trauma with strangers. My son has one good friend who lost his Dad and ended up in an argument over whether or not he’d write about it. He’s a private kid and didn’t want to talk about it, but felt like he had to. I can’t imagine that’s a unique situation.

As a lawyer I try to be solution focused when I am presented with a problem. There is no perfect solution and I believe the first priority needs to be a system that makes the playing field more level and doesn’t give special preference to those who can afford it more or game the system. So here are some ideas:

  1. Limit the number of schools someone can apply to. Nobody needs to apply to 20-30 schools. The ability to do so favors the rich as they can pay the application fees at all of those places. I would suggest a maximum of ten. That gives you the chance to apply at dream/reach schools, schools where you think it’s 50/50 and a couple safetys. If you limit it to a lower number, it will force kids to think about where they want to go to and why. Everyone should get to apply where they want to, but the way the system works now clogs up the application process.
  2. Speaking of which, every school should have a “Why Us” type essay. There are some that do and I think it really gives a kid a chance to show their personality and also talk about the school in general. It forces some research into the school which could also have the effect of helping the kid realize that it’s not the right place for them.
  3. Even without a paid consultant, Chat GPT and editing tools make it easy to craft a “perfect” essay. If schools really want to judge your writing ability, but want to prevent the system from being gamed as much, they should have impromptu essays. In other words, you login on a certain date and time and they tell you the essay questions then with 30 minutes to answer one. It wouldn’t prevent all gaming as you could of course prep for possible questions with a college counselor, but it would likely prevent any editing, Chat GPT, etc. and would more show how well you write, think on your feet, etc. And if someone is going to take the time to do this, it also shows a genuine interest in the school.
  4. Schools should encourage kids to give a decision sooner. I’ve seen kids who post about being accepted to 15 colleges. Congrats on the flex, but you know you aren’t going to go to many of those places. The longer you hold on to an offer, the longer someone else who really wants that spot has to wait. Schools should be following up with accepted applicants who don’t take an offer to find out what their timeline is and also kindly encourage them to say no if they don’t want the spot. College counselors and high schools should be doing the same.
  5. Financial aid and cost needs to be fixed. FAFSA was an absolute joke this year and the delays forced many kids to accept schools just because they were worried they wouldn’t be able to afford the school they really want. I personally think that public schools should be free aside from food/books/housing. At the very least it can be greatly reduced. It’s insane to spend $250,000-$400,000 on a college degree. I get that free college isn’t coming any time soon. And while I know the cost benefit of going to junior college for two years, taking away the connections people make by being in person for four years is a real problem. So I have two thoughts: 1. We need to streamline the FAFSA system and make it easier for people to get aid as well as make it so more loans are forgivable. I won’t act like I know enough about it to say how it would exactly work, but the beginning process shouldn’t be much harder than here are my and my parents tax returns and that process should be able to start much earlier. 2. If you go to a public school, you’ll miss out on a ton socially and networking wise if you aren’t in person with your peers your first year. There’s a hack though that can save you a lot of money. In your second year or over the summer, you can likely knock out a bunch of core classes for next to nothing by doing online junior college. Most public schools take those credits. In other words, if you take a leave of absence from your school, but still live in an apartment with buddies, you can get most of the school experience, save a semester of tuition, and then be back on campus for classes in your major right after that. At the very least, online junior college can make it so most people can graduate a semester early which takes away some of the cost and the cash grab that most universities are doing.
  6. Early decision applications heavily favor the rich as they don’t have to worry about committing without a good financial aid package. Applying early decision greatly increases your chances of getting in. There needs to be an economic opt out that doesn’t make students feel like they can’t pick their first choice.
  7. Schools need to be smarter about making sure special circumstance situations favor those who really have it. I know one kid who got in as a “first generation” college admit. Technically he’s the first in his family to go to a US college, but both of his parents have post-graduate degrees from the US after doing undergrad overseas. It’s no different than someone who is 2% Native-American getting special consideration. The playing field needs to be leveled, but not manipulated by those who already have advantages.

I’m sure some/all of my ideas have an unintended consequence or aren’t perfect for everyone. But the truth is that the college application process is broken, and not doing anything about it isn’t the right solution.

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