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Illinois Law Blog

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.

20 Illinois Medical Malpractice Examples

We have been helping people find the best Illinois medical malpractice lawyer for their case since 2001. We’ve helped thousands of people with these very tough cases. Having the right law firm is the difference between winning and losing. The right attorney can also make your case worth more money.

While there are hundreds of things that could lead to an Illinois medical malpractice lawsuit, here are some of the most common we’ve seen:

  1. Failure to diagnose cancer. Typically when you can show that your doctor delayed discovery of your cancer by six months or more, you have the chance to bring a lawsuit, especially if your outcome got much worse.
  2. Failure to diagnose a blood clot. This can happen when you come to the hospital with certain complaints or after a surgery. If they don’t catch it in time it could have catastrophic results.
  3. Not recognizing nerve compression on your spine. Sometimes when they don’t discover this in time it could result in you being paralyzed.
  4. Not recognizing the signs of a stroke or stopping it in time. These are tough cases for sure, but if you can prove that had they treated you earlier the outcome wouldn’t be as bad, you have the makings of a big lawsuit.
  5. Giving the wrong medication. There are supposed to be protections in place, but at least once a month we get a call from someone who was given the wrong meds, often medication meant for another patient. If it causes a harm, it’s a lawsuit.
  6. Giving the wrong dose of medicine. Again, there are supposed to be protections in place, but sometimes a much higher dosage is given with terrible results.
  7. Not checking for medication interactions. Some drugs together can be deadly.
  8. Foot drop after knee replacement surgery. While foot drop is a risk of some back surgeries, it shouldn’t happen from a knee replacement and if it does it’s usually due to surgeon error.
  9. Not performing a C-section in a timely manner. If the baby is in distress and this doesn’t happen right away, the results can be awful. This falls under the general category of birth injuries and can be things like causing a brachial plexus (shoulder) injury for improper delivery and many other problems.
  10. Anesthesia errors. While going under is always a risk, if you aren’t monitored properly and are injured it’s likely a lawsuit, especially if there is brain damage.
  11. Not ordering proper tests. Some simple tests can prevent big harms.
  12. Surgical errors. There are too many to list as to what can happen. Some are risks of a procedure, but many are just negligence. For example, cutting a nerve during a spinal fusion. Another one is improperly placing a patient during a surgery. In one case the patient’s head dropped and resulted in a major, life altering neck injury.
  13. Not catching an infection in time. Getting an infection is usually not malpractice. But if they don’t realize you have one it can lead to sepsis which can cause amputations or even death.
  14. Improper interpretation of diagnostic tests. Misreading a MRI, X-ray, CT scan etc can have catastrophic results.
  15. Not notifying patients of a result. In one case were involved with, the doctor knew the patient had colon cancer, but due to office miscommunication, nobody ever told them.
  16. Using the wrong sperm at a fertility clinic. This isn’t common, but there have been times when sperm has been used to fertilize the wrong egg.
  17. Not diagnosing chicken pox. Although we remember chicken pox as a kid as no big deal, if an adult gets it and it isn’t treated, it can be deadly.
  18. An air bubble during a procedure which causes an embolism. This can be from a hole in a catheter, a defective tube, a straight injection of air or many other reasons. The results are usually deadly.
  19. Improper follow up instructions and/or failure to refer patient to a specialist. This happens a lot with emergency room visits and is often a result of staffing issues or bad communication protocols. A lot of ER doctors are now just contractors and don’t work well with the corporations that own the actual hospital. This can have terrible results for patients.
  20. Failure to monitor. This can be so many things as well. In one case we helped with, a dialysis patient wasn’t monitored during their procedure and literally had most of their blood removed from their body, resulting in death.

As you can see, a lot of malpractice cases fall under similar descriptions. We know the best lawyers in Illinois for suing a doctor, hospital or other medical provider. If you would like a FREE, confidential consultation to see if you have a case, call us any time at 312-346-5320. We help everywhere in Illinois.

See also: Do I Have A Medical Malpractice Case?

Can You Quit Your Job While On Workers Comp?

We have literally helped tens of thousands of injured Illinois workers in the last 23 years. There isn’t a legal issue that we haven’t seen or helped with when it comes to job injuries.

A lot of injured workers want to leave the job they got hurt on. Sometimes it is because their old company sucks. Other times they want to go to a less physically demanding job. And in some cases a better opportunity comes along.

So we get asked a lot by injured workers if they can quit their jobs while on workers comp?

The answer is yes you can, but it’s a much bigger question as to whether or not you should.

Generally speaking, if you are injured on the job and receiving TTD benefits, it would be a really bad idea to quit. If you do, your old employer could lie and say that had you not quit, they’d have a job for you within your doctor’s restrictions. In other words, unless you are taken completely off work, odds are you will lose your benefits.

Now if you have a better paying job lined up, that might be a reason to consider leaving. That said, if there’s any risk that the new job can aggravate your condition, I would think long and hard about leaving. If the new job seems to make your problem worse, the insurance company for your work comp case will use that as a reason to cut off your medical benefits too.

In other words, you could be putting both your financial and physical health at risk if you quit. While it’s still a consideration as you get closer to settling, that is really the best time to think about leaving. But even then, doing so could cost you hundreds of thousands of dollars.

I say that because if you have permanent restrictions your old job can’t cover, they might have to pay you the difference of what you’d make with them vs what you can make in a new job within those restrictions. So if you had a great union job making $65 an hour and now can only make $20 an hour, you are entitled to 2/3 of the difference. But if you quit, the employer will say they would have accommodate you. So your settlement could go from $350,000 to $50,000.

Bottom line is that whatever your situation is, if you are hurt while working, don’t quit your job before going over the case with an experienced attorney. If you would like to talk with us for free, you can call any time. We help all over Illinois.

Serbian Speaking Injury Lawyers In Illinois

We are Chicago-based injury attorneys who cover the entire state of Illinois. If you would like our help, fill out our contact form, or call us at 312-346-5320 for a free consultation.

When you need to hire a lawyer for an injury case such as a car accident, slip and fall, work injury, etc., the most important criteria is that they concentrate their practice on injury cases. That is a good predictor for them having a track record of success which increases your chances of a good result.

Focusing on personal injury cases day in and day out, these attorneys have seen everything and know the law backwards and forwards. We believe that a lawyer who handles traffic or divorce or bankruptcy cases for example, in addition to injury cases, does not give you best chance of success. It’s hard to do well across so many practice areas.

Communication is also very important for a successful case. One part of excellent communication centers on the lawyer being responsive, and calling and emailing you to keep you updated. Another part is being able to explain the law and aspects of your case to you. Finally, and most importantly, if you don’t speak English, it helps to have an attorney that speaks your language.

When it comes to injured people who speak Serbian, the good news is that there are some reputable, experienced injury lawyers in Illinois who are fluent. This means that you don’t have to settle for a Serbian-speaking lawyer who is a jack-of-all-trades and doesn’t specialize in work injuries.

The bottom line is that you shouldn’t hire an attorney just because they speak Serbian. Hire a qualified, experienced attorney with a great track record who you can also communicate with. If you would like a recommendation, please reach out to us at 312-346-5320 any time.

Mi smo advokati za povrede sa sedištem u Čikagu koji pokrivamo celu državu Ilinois. Ako želite našu pomoć, popunite naš kontakt obrazac ili nas pozovite na 312-346-5320 za besplatne konsultacije.

Kada treba da angažujete advokata za slučaj povreda kao što su saobraćajna nesreća, okliznuće i pad, povreda na radu, itd., najvažniji kriterijum je da oni svoju praksu koncentrišu na slučajeve povreda. To je dobar prediktor za njih koji imaju rekord uspeha koji povećava vaše šanse za dobar rezultat.

Fokusirajući se na slučajeve ličnih povreda iz dana u dan, ovi advokati su sve videli i poznaju zakon unazad i unapred. Verujemo da advokat koji vodi, na primer, slučajeve saobraćaja ili razvoda ili stečaja, pored slučajeva povreda, ne daje najbolje šanse za uspeh. Teško je napraviti dobar rezultat u tolikom broju oblasti prakse.

Komunikacija je takođe veoma važna za uspešan slučaj. Jedan deo odličnih komunikacionih centara se zasniva na tome da advokat reaguje i da vas zove i šalje e-poštu kako biste bili u toku. Drugi deo je mogućnost da vam objasnim zakon i aspekte vašeg slučaja. Konačno, i što je najvažnije, ako ne govorite engleski, pomaže vam da imate advokata koji govori vaš jezik.

Kada je reč o povređenim osobama koje govore srpski, dobra vest je da u Ilinoisu postoje renomirani, iskusni advokati za povrede koji tečno govore. To znači da ne morate da se zadovoljite advokatom koji govori srpski, koji je majstor za sve poslove i nije specijalizovan za povrede na radu.

Suština je da ne treba da angažujete advokata samo zato što govore srpski. Unajmite kvalifikovanog, iskusnog advokata sa odličnim iskustvom sa kojim takođe možete komunicirati. Ako želite preporuku, obratite nam se na 312-346-5320 u bilo kom trenutku.

Anesthesia Malpractice Lawsuits In Illinois

We have a track record of helping people win Illinois medical malpractice lawsuits. Call us at 312-346-5320 for a free consultation with an attorney.

Anesthesia is combination of drugs administered by a doctor or nurse that makes medical procedures and surgery easier and more comfortable for patients as well as the medical professionals conducting the procedures.

There are three types of anesthesia. Local anesthesia numbs only a small part of your body for a short period of time. An example is an injection of novocaine at the dentist. Regional anesthesia numbs a larger area for a few hours. An example is an epidural during childbirth to numb everything below the waist for the mother.

The third is general anesthesia. General anesthesia affects the entire body. An anesthesiologist administers drugs to make the patient unconscious and keep them from moving during an operation.

Brain damage or death from anesthesia is rare; however, over 60,000 Americans have surgery under general anesthesia every day, and medical malpractice sadly does happen. When something does go wrong, the effects can be devastating for the victim and their family.

Brain damage cam occur when the brain is deprived of oxygen. Complications during the administration and monitoring of anesthesia include:

• The breathing tube is not inserted correctly or quickly enough.
• A stroke occurs, and it is not recognized and treated immediately.
• The patient’s medical history isn’t fully taken into account regarding medications and dosages.

The other big error that occurs is a failure to properly monitor the patient. Doctors get distracted or too confident and fail to do their job.

Even if complications are not fully within the anesthesiologist’s control, it is their responsibility to carefully plan the procedure, monitor vital signs, and react quickly and properly if things go wrong.

We have seen cases where the anesthesiologist administered the wrong drug or the incorrect dosage. We have seen instances where an anesthesiologist was distracted or out of the operating room when the patient’s vital signs were dropping.

If you or a loved one is experiencing any of these symptoms, brain damage may have occurred:
• Slurred speech
• Loss of coordination
• Abnormal behavior, particularly aggression
• Seizures
• Extreme confusion (beyond the first couple weeks post-surgery)

And in the worst cases, a person can die, be brain dead or completely incoherent.

When a loved one comes out of surgery with brain damage, it is important to have the case investigated to determine who is at fault and why. We have helped hundreds of people in similar situations over the last 23 plus years and would love to help you find out if you have a medical malpractice case for an anesthesia error. Contact us any time at 312-346-5320. We cover all of Illinois.

Illinois Workers Comp – Where’s The IME Report

We are Illinois attorneys who will help you find the best lawyer for your case. Call us at 312-346-5320 for help anywhere in Illinois. We have helped tens of thousands of injured workers since 2001.

When you are injured on the job in Illinois, you generally speaking have the right to choose your own doctor. And the insurance company has to pay for 100% of that care.

The work comp insurance company for your employer has a right to send you to a doctor of their own choosing called an independent medical examination or IME. This is not a doctor who is there to treat you or look out for your best interests. Their job is to review your medical records and examine you to answer questions the insurance company has. These questions include do you have a work related injury, what treatment is needed, can you return to work and more.

Many of these IME doctors are hired guns who will say whatever the insurance company wants and hurt your case. Some of them are honest even if they skew their opinions in favor of the insurance companies.

When the IME doctor writes a report that says you can return to work or your injuries aren’t work related, you can bet that the insurance company will tell you about it right away. They are looking for any reason possible to cut you off. So when they have news that helps them, they will go forward with it.

But many times an IME happens and you don’t hear anything. Not hearing within a week or two can be normal. Over a month isn’t. So where is the IME report?

There is no law that requires the insurance company to give you or your lawyer a copy of the IME. We’ve seen many cases where they simply don’t do that. In that case we can subpoena the doctor directly to try to get a copy of the report. That is usually but not always successful.

In other cases, the doctor simply won’t write a report. What they will do is call the insurance adjuster or defense attorney and tell them what they would say. They’ll then ask if they should write a report or not. If it’s bad news, the insurance company will say don’t do it. Does that sound sleazy? Hell yes, but it’s totally legal.

So what do you do if you can’t get a report?

A smart attorney will push forward. When an IME happens and isn’t produced, it’s assumed in court that the findings would be in your favor. So while you might not have the evidence in hand, it actually will work for you.

Realistically though, once your lawyer pushes forward, most insurance companies will roll over because they know that they don’t have a defense.

The bottom line is that you shouldn’t wait forever. If it’s been two weeks and there’s no report, it’s time to get aggressive. If you’d like our help in any way, please let us know.

25 Things To Know About Illinois Divorce Law

Someone I care greatly about is a week away from their 25th anniversary. While they are lucky to have a great marriage, the reality is that around 50% of marriages do end in divorce. Here are 25 things you should know about Illinois divorce law.

  1. While there is technically a waiting period to get divorced, if you both want it to happen, it will happen. And if one of you doesn’t want it, the waiting period will be over by the time the case is ready for trial.
  2. Divorce is filed in the county you live in.
  3. If you just moved to Illinois, you have to be a resident here for 90 days before you are eligible to file for divorce here.
  4. An uncontested divorce means you and your spouse agree on EVERY issue there is to agree on.
  5. The total cost for a divorce depends on how long it lasts. The longer it takes, the more it costs. So if you can agree on things it will be much cheaper.
  6. If one spouse makes a lot more than the other, a petition can be filed to have the higher earner pay the lower earner’s lawyer fees. This is done so the wealthier person can’t abuse the court system.
  7. The county will charge a filing fee. It is around $500.
  8. It’s illegal for an attorney to handle a divorce on a contingency basis.
  9. There is no such thing as alimony in Illinois. We do have maintenance which is designed to help you maintain the lifestyle you’ve grown accustomed to. How long it lasts depends on the case facts.
  10. We highly recommend that you hire an attorney who almost exclusively handles family law cases. Attorneys who handle multiple areas of law tend not to do the best job, especially if the case gets complicated.
  11. A QDRO is a division of retirement benefits. You should make sure your lawyer handles that as part of the divorce. Too many fail to do it which can cause problems down the road.
  12. Things acquired during the marriage are considered marital assets. This includes any businesses started or joined. So if your spouse became a partner in a medical group for example, you’d have an interest in their financial share of that business.
  13. Judges generally do not care if your attorney is male or female. Most follow the facts and don’t have crazy biases.
  14. Custody can be part of a divorce. There is no such thing as “father’s rights.” That’s just a marketing term. Fathers and mothers have the same rights under IL law.
  15. If your spouse has a child with someone else and you did not adopt that child, you don’t have to legally support them.
  16. Legal separation means not living together as husband as wife. In other words, you aren’t sleeping together or having sexual relations.
  17. You can be legally separated but still live in the same house. That is way more common than you think.
  18. Just because a divorce is filed does not mean you have to go through with it. In some cases it’s a great way to get into marital counseling or work out issues that are causing strife in the marriage.
  19. If one parent refuses to participate in raising a child, they generally can’t be forced to. That won’t get them out of paying child support however.
  20. If your spouse is making you feel unsafe, you can file an order of protection against them which will usually result in them being barred from the marital home.
  21. Mediation is a great option to make the divorce quicker and cheaper if you are both interested in resolving any differences. Even doing that though, it’s wise to have an attorney in your corner to protect you and make sure you are thinking of everything you need to know. The mediator is a neutral and can’t give legal advice.
  22. A lawyer can’t represent both parties in a divorce. If your spouse says a certain lawyer will handle everything, know that your spouse has an attorney and you do not.
  23. The #1 thing you can do in the beginning of a divorce is meet with a lawyer and come up with a list of goals. That could be related to custody, support, property or a lot of other stuff. If you are goal focused that will help you achieve the best result possible.
  24. Nobody finishes a divorce and says “that was great,” but if you are goal focused, it’s our experience that you will be satisfied sooner.
  25. It’s the job of an attorney to take the emotion out of a situation. They aren’t there to provide emotional support and if they do, you are paying them a really high rate to listen to you and give sympathy. We highly recommend people go to therapy if they are (understandably) emotional while going through a divorce. A trained professional is way better for you than a divorce attorney who probably charges twice as much.

I hope that if you are possibly going through a divorce in Illinois that these tips help. And if you need assistance with a case, please call us for free any time at 312-346-5320.

See also: Alimony, spousal support, maintenance – what you need to know

Top Ten Legal Issues At Wrigley Field

Baseball is back! Hope spring eternal and Cubs fans can dream of winning our first World Series since 2016. And White Sox fans can dream of not losing 100 games.

When I was in law school, a professor pointed out to us how everything around us could potentially be a legal issue. It’s really changed the way I think. With that in mind and in celebration of the new season, here are the top ten legal issues that will happen at and around Wrigley Field this year.

  1. Workers’ Compensation – We don’t think of professional athletes as employees, but they are. Injuries are a part of baseball and when a Cubs player gets hurt or a visiting player gets hurt, it can lead to an Illinois workers’ compensation claim. In recent years, players such as Chris Bosio, Jason Adam, Allen Webster and others have filed cases. So have park employees who get injured in a variety of ways.
  2. Trespassing – You can bet at some point, some drunken idiot is going to run onto the field. There’s actually a law that can make this a felony after a father and son attacked a Royals coach years ago at Comiskey. Stay off the field.
  3. Public Urination – There’s going to be a theme here that baseball games lead to a lot of criminal charges. I used to live across the street from Wrigley and can tell you by experience that there aren’t enough bathrooms for people out in the street. The drunk and desperate ones will pee anywhere.
  4. Battery – Baseball should be joyous, but there are a lot of jerks and people who can’t handle their liquor around. I’ve seen double digit fights over the years, usually from opposing fans and Cubs fans getting into it.
  5. Prostitution – You wouldn’t think it happens, but it’s definitely out there and around the ball park. While I personally think it should be legal, it’s not and every year people get caught. There are so many tourists and business people that get targeted and often arrested for solicitation too.
  6. Counterfeiting – It’s not as common as it used to be, but there are still fake tickets floating around and being sold on the streets.
  7. Personal Injury – Getting hit by a foul ball is a risk of being at a game. But getting hit by a ball that a player throws into the stands isn’t. Neither is getting trampled by fans trying to get that ball. And we’ve seen people hit by cars because drivers don’t know how to drive in a crowded area. And of course there is the risk of injuries due to defects in Wrigley itself.
  8. Divorce – While I’ve seen a handful of marriage proposals at stadiums, I’ve also seen a lot of (usually drunk) couples fighting in a way that signals the marriage is over. The baseball game might not be the primary cause of a divorce, but you’ll see a lot of evidence of marriages that need to end.
  9. Theft – There are people who hang out by the games with one purpose in mind. To steal your stuff. Drunk people and out of towners are easy marks. Even as someone who has been to hundreds of games, I don’t take a lot of cash with me and make sure my phone and wallet are really secure. Getting out of Wrigley is a huge challenge as the corridors are packed tightly. Watch your stuff!
  10. Child Endangerment – Taking a kid to a ball game is a great idea. They’ll remember it forever. Hopefully it’s not because you left them at the seats for an hour while you were smashing drinks or getting high.

Hopefully it’s a great baseball season. Go Cubs!

The Difference Between A Lawyer and An Attorney And Other Questions

We get so many great questions from people who don’t necessarily need a lawyer of just want to find out if they have a case. Here are some good ones we’ve received recently. If you have any Illinois legal questions, you can call us any time for free at 312-346-5320.

What is an alias summons?

Any time there is a lawsuit, a defendant has to be served with a copy before the case can proceed. When the sheriff tries to serve the summons unsuccessfully, the Judge will issue a second summons which is called an alias summons.

Difference between a lawyer and an attorney?

In real life, there is no difference as we use those terms interchangeably. Technically speaking though, a lawyer is someone who’s graduated law school while an attorney is someone who graduated law school and passed the bar exam so they are licensed to practice law and represent clients.

My boss gave me a check and it bounced. What should I do?

It’s technically a crime so you can call the police although it’s a law that doesn’t always get enforced. You should also file a wage claim with the Illinois Department of Labor and consider filing for unemployment.

My employer found out I was interviewing on my day off and fired me. Is this legal?

It is. It’s totally unfair, but within their rights as an employer. This is part of at will employment which means you can be let go at any time for any reason as long as it’s not an illegal reason. Treating you unfairly is not by itself illegal.

I got hurt at work because I was put on a job I wasn’t trained for. Can I sue them for that?

You can’t sue your employer for negligence. The good news is that if this happened to you, you can get workers’ compensation benefits which in Illinois can be significant.

My mom never pursued child support against my dad. He never did anything for us. I’m 28 now, can I bring a case against him?

A child support case can not be brought by the child, it has to be brought by the parent. There’s nothing that can be done unfortunately.

Hopefully you notice that we are direct and honest with our legal answers, even if it’s not what someone wants to hear. If you’d like our help please get in touch any time.

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