Illinois Workers Compensation

Legal Malpractice Lawyers in Illinois

Illinois Personal Injury Lawyers

Illinois Divorce Lawyers

Illinois Criminal Defense Laws

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Illinois Law on Nursing Home Neglect Or Abuse

If you or a loved one believe that a mistreatment or series of mistreatment’s have occurred while at a nursing home, your concerns may be actionable – meaning there may be grounds for a lawsuit – but it depends on the facts and circumstances.

In Illinois, the Nursing Home Care Act protects residents of long-term care facilities. This means people in nursing homes and shelter care facilities are protected from abuse and neglect under this law. It does not apply to hospitals or community living facilities (other laws would be applicable at those types of facilities).

There are three major categories of nursing home neglect or abuse – physical, mental and financial. Physical abuse includes beating, forced ingestion of medication or food and even sexual abuse. Also considered physical abuse is neglect – where the resident is not fed or assisted with basic hygiene.

Mental abuse includes humiliation or threats or taking away certain freedoms, such as confining the resident to his or her bed when it is not medically necessary.

Financial abuse includes overcharging and stealing. It can also include convincing the resident to leave the facility or a specific staff member in his or her will.

Depending on the degree and nature of the abuse, the first thing you might want to do is remove the resident from the facility. Next, before seeking the assistance of a lawyer, you might want to consider other avenues for resolving the issue, such as the following:

• The facility’s family council – this is like a student council but for residents’ families – may be able to help.
• Your state’s long term care ombudsman may be able to resolve complaints. In Illinois, the long term care ombudsman can be found at the Illinois Department of Aging.
• Your state’s regulatory agency may also be able to resolve complaints. In Illinois, nursing homes are regulated, licensed, inspected and/or certified by several agencies, including the Illinois Department of Public Health.

If you cannot resolve the issue through one of the means above or if the issue is not able to be resolved because, for example, the resident has died, your next step may be to hire an attorney. It is strongly recommended that you hire an attorney who has extensive experience in nursing home abuse and neglect law. There are several facets to bringing such a case – medical experts, jurisdictional issues, etc – and only an experienced lawyer in the area of nursing home abuse and neglect will be able to represent you properly.

If you are concerned about the cost of hiring an attorney, note that these cases are typically handled on a contingency basis. This means if you recover nothing, you owe nothing to your attorney. If you do recover a settlement or other award, your attorney is paid a portion of that amount.

Lastly, also note that under the Nursing Home Care Act, you are protected from retaliation by the facility. This means they cannot retaliate against you for bringing the lawsuit or for testifying against the facility.

Nursing home abuse and neglect is a serious issue. You must know your rights and where to find help. It is strongly recommended that you hire an experienced nursing home abuse and neglect lawyer who will take the time to explain your rights and the best course of action. Such a person will fight for you, get answers and work hard to ensure the right outcome.

To learn more visit http://www.findgreatlawyers.com/NursingHomeMalpractice.htm

Animal Control Act Attorneys

If you’ve been hurt by an animal attack, such as a bite or other injury, you may be entitled to compensation for your physical, emotional and financial suffering under the Illinois Animal Control Act. The Act allows you to sue the animal’s owner (or custodian), regardless of whether it was the owner’s fault or whether the animal had any prior aggressive tendencies. So, as long as you weren’t trespassing when you were attacked or provoking the animal the animal in some way, you should be fully compensated under the Illinois Animal Control Act. Such compensation includes medical and rehabilitation expenses, pain and suffering, lost wages or income, and property damage.

Illinois adheres to the theory of strict liability regarding animal attacks, which means you don’t have to prove negligence. Unlike many other personal injury lawsuits where it is required that you show that the defendant was negligent, for animal attack injuries, you only have to prove that (1) you were in fact attacked or injured, (2) the defendant was owner of the animal, (3) you were peaceably conducting yourself at the time of the attack and (4) you had the legal right to be where you were. Again, you don’t have to prove that the animal’s owner was negligent or did anything wrong.

The Illinois Animal Control Act essentially eliminates the “one bite rule” of the past. That was the old rule where you could only recover for your injuries if you could prove that the animal had a history of aggression. So, an animal basically had one free bite before it had a “history of aggression.” Although the rule is largely no longer applicable because Illinois is now a strict liability state, you may still be able to sue under this theory if you are unable to prove your case under the Animal Control Act.

Keep in mind that these types of lawsuits apply to cases beyond the typical dog bite. If you are hurt in any way by an animal – falling off of a horse, being pushed by an animal, etc. – you may have a case. However, if you were trespassing, you will likely not have a case. If you provoked the animal in any way, you will likely not have a case – but, simply trying to pet a dog is generally not considered provocation. Also note that while most of these types of lawsuits are against an animal’s owner, you can file a lawsuit against anyone who has care, custody or control of the animal at the time you were hurt.

Many people would likely feel uncomfortable suing a friend or neighbor. However, if the attack takes place on someone else’s property, it is probably going to be covered by that person’s homeowner’s insurance. This means you (or your attorney) are not going to be dealing directly with your neighbor but rather with your neighbor’s insurance company. This also means you may be better compensated for your injuries because the insurance company can afford to compensate you.

It is strongly recommended that you find an attorney who has experience negotiating with insurance companies and is willing to go to trial. Most of these types of cases settle out of court, but if the settlement you are being offered is not fair, your attorney should recognize this and recommend that you take the case before a judge. If you are concerned that you cannot afford a lawyer, note that an animal injury attorney should be working on a contingency basis. This means your lawyer agrees that they won’t get paid unless you get something. Their fee is then a percentage of what you recover.

Being injured, regardless of how it occurs, is traumatic and stressful. It is essential that you get compensated for what you’ve lost – physically, emotionally and financially – and a good animal injury attorney will ensure that you do. You should not attempt to fight this alone.

To learn more visit http://www.findgreatlawyers.com/Illinois-Dog-Bite-Law.htm

Lawyers For Unwanted Text Messages

Sometimes an unwanted text message from a business may actually be illegal under certain federal laws. One such law is the CAN-SPAM Act (which stands for Controlling the Assault of Non-Solicited Pornography and Marketing), banning unsolicited messages in the form of texts to cell phones. Other laws prohibiting unwanted “text spam” are the Telephone Consumer Protection Act (TCPA) and the national Do-Not-Call-List, prohibiting messages to telephone numbers that are registered. Text messages are considered calls under the Do-Not-Call-List.

Still, there are exceptions. If you’ve agreed to receive texts from a certain business, then they are not illegal. Oftentimes, you may actually agree to accept texts without even knowing it. In that case, you will probably have to take the initiative and contact the company to advise them that you would no longer like to receive the messages.

If there are companies that you have an existing relationship with, then text messages from that company may also be legal. For example, if you have an account with Verizon and you receive texts about options on your account, then the texts are likely legal and you will have little or no recourse.

However, if you believe that the unwanted text messages you are receiving from businesses are illegal, you may consider a lawsuit. Keep in mind that these types of lawsuits are generally class-action lawsuits, meaning a group (the “class”) sue together in one case. The reason for this is that as an individual your losses, or damages, may be relatively small and, when you factor in legal fees on top of that, it might not be worth it at all. But, when you sue as a class, the total damages may be significant and the legal fees are contingent, meaning the lawyer doesn’t get paid unless you win.

An example of a text messaging lawsuit is the case against the company Timberland, which was sued under the TCPA and settled for $7 million, agreeing to pay back the individual plaintiffs for the costs of the texts.

Again, all of the above relates to unwanted text messages from businesses. Unwanted text messages from a friend or co-worker are not covered under these laws. However, if you are receiving text messages from anyone that you find harassing, especially if they are threatening harm, call the police immediately.

There are many experienced class-action attorneys in Illinois that handle text spam lawsuits. If you feel you may be the recipient of such texts and want to talk to an attorney, we can recommend based one in your area.

To learn more visit http://www.findgreatlawyers.com/ClassActionConsumerFraud.htm

5 Facts About Proper Will Execution in Illinois

Illinois has many rules about the formalities of executing a will. They may seem simple and straightforward, but complicated issues can arise, and they are better dealt with by you now, than dealt with by your loved ones later. Here are some of the issues relating to the signing and witnessing of a will in Illinois:

• Signing the Will.
  The will itself must be in writing, and be signed by the testator (the one whose will is being executed). At the time the will is signed, the testator needs to be at least 18 years old, and of sound mind and memory.
• Witnessing the Will–How to Do It.
  At least 2 credible witnesses sign or “attest” to the will. The witnesses sign in the presence of the testator, and generally in each other’s presence as well. Like the testator, the witnesses also should be of sound mind at the time they are witnessing the will.
• Witnessing the Will–Who My Do It.
  In addition to being credible, the two witnesses should not have any financial interest in the will, which rules out beneficiaries and executors as witnesses. Beneficiaries are people who are included in the will to receive some money or property. Because they have a direct stake in the will, they should not sign as one of the two required witnesses. Likewise, executors are considered to have an interest in the will, and should not serve as one of the required witness to it. Executors are people or companies (such as a bank or law firm) who will perform the tasks necessary to fulfill the terms of the will. They will gather all the property that is part of the testator’s estate, and pay money that is due to any of the testator’s creditors. They will then distribute the property according to the testator’s wishes that are expressed in the will. Executors are paid a fee for doing this work, so people who are named as executors have a financial interest in the will and should not be witnesses.
• "Extra" Witnesses Who Have an Interest.
  An executor or beneficiary sometimes signs as a witness to a will if they would be the third witness, since only two are required. The mere fact that they have signed the will also, does not necessarily affect the validity of the will or what they may receive by the will. If, however, one of the interested parties needs to testify later about the validity of the will as one of two witnesses, then they will lose what the will provides for them. In the case of the beneficiary, he or she may receive what would have been given according to Illinois law when there is no will at all. So even though this may be allowed, it is better to avoid having a beneficiary or executor witness the will at all.
• Once Done, It Must Be Formally Undone
  After the formalities of execution of a will, that will remains in effect unless it is formally revoked. Even if the circumstances of the testator’s life change in ways that impact the terms of the will, it does not become invalid. The law regarding formal revocation of wills is attempting to avoid a problem later, where there appears to be two valid wills. So the best method to revoke a will, is by properly executing a new will, which states that the prior will is revoked. There are other formalities which may revoke a will as well.

What to Do If DCFS is Investigating You?

Reports of child abuse and neglect are investigated by the Illinois Department of Children and Family Services and anyone can contact DCFS to make a report if he or she suspects or has reason to believe a child is being abused or neglected. While most reports target the parent of the child, DCFS will investigate anyone who regularly interacts with the child, such as a teacher or daycare provider, as well as anyone who lives in the child’s home.

It is important to note that even though a DCFS report may not result in police involvement or a criminal case, it can. One of their reports can lead to criminal charges against you, loss of physical custody and even termination of your parental rights as well as prevent you from pursuing a certain line of work or job. So, it is strongly recommended that you speak with an attorney as early as possible.

In instances where criminal charges are not sought, DCFS may allow you to retain custody as long as you follow a certain plan. In other cases, they can keep your matter out of court as long as you agree to relinquish physical custody and place your child with someone else. Each case is different and depends on the facts and the investigation.

As noted above, anyone can make a report to DCFS but there are certain individuals who must make a report if they have reason to believe or suspect neglect or abuse. These “mandated reporters” include childcare providers, teachers, doctors, law enforcement officers and social workers, for example.

The parent or person being investigated will not be able to find out who reported them in most cases. Sometimes, in child custody cases, one parent may try to make a false report against the other parent. It is illegal for an individual to knowingly make a false report of child abuse or neglect and it can result in jail time and fines.

When a call is made to DCFS to report abuse or neglect and they decide there is enough information to make a formal report, it will then begin an investigation. During an investigation, an investigator interviews the initial caller as well as the accused and family members and anyone else who may have additional information. It is then up to the agency to decide whether to elevate the matter to the police.

After an investigation, if their finder of fact believes that a child has been abused or neglected, the report is entered into a Central Registry. This is called an “indicated” report. Once a report against you becomes “indicated,” you can appeal it.

This type of appeal is an administrative hearing with an administrative law judge, rather than a traditional court case. You have 60 days to request a hearing and at a pre-hearing conference, the judge will discuss the evidence and what witnesses will be called and if the child will testify. After the actual hearing, where the administrative law judge hears the case, the judge will make a recommendation to the Director of DCFS. The final decision is up to the director and you can appeal that decision in court.

Keep in mind that, through an appeal, you can review the results of the investigation, but you may still not learn the name of the person who initially made the report.

If the report is not “indicated,” but is instead “unfounded,” then DCFS can destroy all records of the report and investigation.

The area of DCFS defense is not an area of law that many attorneys practice. In reality, many people who are investigated cannot afford an attorney. However, having one can make a major difference in a process that may have huge implications on your life, your family, your work, etc. Illinois has some excellent attorneys who know and have experience with Children and Family Service rules and procedures for the state of Illinois.

Even if you are worried that you can’t afford an attorney, we still strongly recommend that you speak to someone for a consultation at the very least and explore your options.

To learn more visit http://www.findgreatlawyers.com/Illinois-DCFS-Defense-Lawyer.htm

New topics on our website

We try to continually post new information dealing with Illinois laws.  Here are some recently added pages to our site:

• Illinois Statute of Limitations FAQ
• Illinois Statute of Limitations Guide
• Illinois Social Security and Workers' Compensation Claims
• Bed Bugs Injuries
• Dissolving a Business Partnership in Illinois
• Drug Trafficking

Big Companies Behaving Badly

Some big and not so big companies appear to be breaking the law. Some cell phone outfits practice “cramming” which puts small charges on phone bills for things not actually ordered like ring tones or games. Most people don’t even notice it.

Other times big life insurance companies are refusing to pay out on a policy even though it is all paid up.

Finally, we’ve noticed some banks in Illinois are charging bogus overdraft fees by changing the order of checks in order to maximize fees.

If any of these illegal things has happened to you, we want to know about it. Call us at (800) 517-1614 to discuss it and possibly get a referral to an attorney who will handle your case. For cases like these there are no fees unless the lawyer is successful.

You can have a legal gun permit and get arrested for having a gun

Every day thousands of out of state residents pass through Illinois. Many of these people are law abiding citizens that have a gun permit in their home state. Unfortunately, if they don’t have an Illinois FOID card they are likely illegally possessing a gun and can be charged with a felony charge of unlawful use of a weapon.

Even if you take the steps needed to have a FOID card, you can’t have a loaded, concealed firearm. This also is a felony. We’ve scene many instances where someone with a loaded gun in a trunk got pulled over for a routine traffic ticket and ended up charged with a felony that could put them in jail for years.

On top of all of this, even if you are just passing through Illinois, but get a FOID card, if you are in possession of a handgun or other types of weapons in Chicago, you can still get charged with unlawful use of a weapon.

If you aren’t sure what to do, we suggest that you either consult with an Illinois criminal defense law firm or call the Illinois State Police.

Hiring an Illinois attorney is a two way street

As a client you have the right to choose who to hire to represent you. We are big believers that there is no such thing as the “best lawyer in Illinois”, but rather there is the right attorney for your situation. In most cases there isn’t just one attorney that fits that description. Don’t be afraid to really interview attorneys and discuss a game plan with them before you hire them. You can always switch lawyers, but it’s best to make the right decision the first time.

Also remember that no law firm has an obligation to take on your case. We strongly encourage you to do things that will make the attorney want your case or avoid things that will make them think twice about representing you. Be on time for your meeting. Call if you have to cancel. Be organized. And most importantly, be honest. Most attorneys that we recommend will drop their clients if they found out that they have been lied to.

One of the most interesting things about the law is that it keeps evolving. Starting in January of 2009 there were new laws about DUI’s and how to get driving privileges back. We also have seen a new wave of potential product liability lawsuits due to problems that result from patients with an implanted IVC Filter. Whereas years ago those products were thought of as safe, now attorneys that we recommend are pursuing lawsuits based on evidence that they cause harm.

The point of all of this is that when hiring a lawyer in Illinois you should make sure that they are the right one for you and that they are up to date on all of the latest developments in the law. Whether it is new laws or new types of cases to pursue, going with an uninformed attorney will likely lead to a lack of success.

We get asked a lot of questions about various areas of Illinois law. Here are responses to some of them that we thought the general public would be interested in:

• There is no official source for won-lost record in court actions because most cases are settled and a win to one person could be a loss to someone else.
• To have a class action lawsuit, you typically have to show that every wronged person had a similar experience.
• If you skip a court date, a default judgment can be entered against you, and the plaintiff would get whatever they are asking for.
• Power of attorneys expires upon the death of the person who has granted it.
• Corporations in Illinois cannot represent themselves in lawsuits.
• If a defendant does not have enough insurance to cover a judgment they can be personally liable.
• In most social security disability cases, you have to be rejected from the Government twice before a lawyer can get involved on your behalf to try to have benefits awarded to you.
• You usually have only one year to sue for slander or liable from the date that it was spoken or written.
• It is a violation of federal law for someone to send you a fax without your permission or any previous relationship with you. Fines can be up to $1500 a page.
• It is a violation of federal law for someone to send you a text message without your permission or any other established relationship with you.
• In most small claims actions, parties are not represented because it is not cost effective, but you are allowed to have an attorney represent you in those actions.
• We do not know of any lawyers that are taking on new lawsuits against tobacco companies for their marketing practices from the 70’s, 80’s and 90’s.
• Just about every Social Security lawyer we know works on a contingency basis.
• There is no such thing as the best lawyer in Illinois, but rather you should look for the best lawyer for your specific needs.
• If your attorney has represented you officially in court, you can’t just fire them. The attorney has permission from the judge to be removed from the case.
• A Bar Association, while often a valuable resource, is usually just a club that anyone can join.
• If you have an agreement with someone, get it in writing.
• Most documents from a lawsuit or other court action are public record that can be obtained at the local county courthouse where the case is heard.
• It is a felony in Illinois to record a conversation without the other parties’ knowledge.

We also get a lot of calls from people looking for the name of specific attorneys in Illinois.  We aren’t a directory service and only recommend specific Illinois law firms that we know personally.  If you are simply looking for the name and contact information of a lawyer in IL, we suggest that you visit www.Illinoislawyers.com.

If you are going to buy real estate with anyone other than your spouse - write a partnership agreement. The partnership agreement should spell out who is going to be liable for which costs, which party owns what percentage of interest in the property and who gets the property or how it is liquidated in the event of a break up of the partnership. If you don't think this through in advance, when everyone is friendly, it could be very costly in the end, when everyone is angry.

Receiving severance from a former employer does not prevent the employee from also getting unemployment benefits. If the severance is marked as "wages" for a particular period of time, the employee must wait for that period of time to be over before applying for unemployment.

Effective in September, 2010, the Chicago Residential Landlord and Tenant Ordinance requires landlords to put the name and address of the financial institution where the tenant's security deposit will be kept. If the landlord moves the deposit during the rental, the landlord has to let the tenant know. Until now, landlords were not required to disclose this information to tenants.

You should diligently research a home repair contractor before hiring them. In my experience with real estate and commercial litigation, I have found that sometimes litigation can be avoided by doing your diligence upfront, or by contacting an attorney in order to make sure your rights are protected. You just may be able to avoid a headache and costly litigation later.

Be careful when accepting a gift of any size from an estate. By accepting even a small portion of a gift under a will, you will very likely waive your right to contest that will. So if you have any thoughts of contesting a relative's will you should refuse to receive any money from the estate, no matter how small an amount.

Web Site Disclaimer: None of the information on this website should be considered legal advice. The law in Illinois is constantly changing and although we do our best to keep our website current, you should not make any final determinations based on what you read here. By contacting us or any lawyer that you are referred to through this website, you have not created an attorney-client relationship. The only way to establish an attorney client relationship with us or any other Illinois lawyer is through a signed retainer agreement in which you agree to hire the lawyer and they agree to work with you as a client. The advice that you receive from us should be taken in general terms. Finally, there is never a cost to speak with the Illinois attorneys that run our site and will talk to you on the phone or by e-mail for free. However, the cost to actually handle a case by any lawyer that we recommend is between you and that law firm. If you have questions about anything we offer or anything related to our website please call us at (312) 346-5320.

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