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Three random Illinois legal tips

May 17th, 2013

 

We get calls about everything from pet’s rights to corporate whistle blowing. Some calls, however, are more common. Here are three random legal tips that might come in handy for you (or your friends and family).

 

  1. Setting up powers of attorney is fairly simple for most people, and you can do it for free. This is one of the rare instances where we recommend (1) using an online form and (2) handling a legal document on your own. The reason is that a power of attorney isn’t that complicated, and it’s important to have so we want to encourage you to get it done, even if that means doing it yourself. You can find forms for the two types of power of attorney (healthcare and property) here.
  2. It’s never too late to collect past due child support, if you have a court order. If you don’t have an order from a judge that orders the other parent to make payments, then get one. But if you do, there is no deadline. You can always collect. Talk to an attorney if you need help getting started. They can help you locate the other parent, find out about income they might be hiding, and file the court documents to get them child support you are owed.
  3. Every type of case has a statute of limitations, or deadline. The deadlines are strict. If you don’t file a lawsuit in time, you don’t get a second chance. For example, the statute of limitations for personal injury in Illinois is two years from the date of the injury. That is your deadline for filing suit. There are some exceptions, like if the injured person is a minor, but the two-year rule applies in the vast majority of cases. Always ask an attorney which rule applies in your case. And don’t delay if you think you might want to file a lawsuit. You don’t want to miss your chance.

 

If you have a question about these tips, or anything else, just let us know.

 

 

 

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Which lawyer has won the most cases?

May 16th, 2013

Honestly, we don’t really know, because it doesn’t really matter. What matters most is whether your attorney is able to help you meet your goals.

We aren’t saying that winning never matters. The point is that winning means something different for every client. A good example is a criminal case. There is a range of possible outcomes. Maybe getting probation is considered a win for someone who is facing years in prison. For someone else, however, probation might not be considered a win. It’s all relative.

Every case is different. And you need different lawyers for different cases. Within the area of personal injury, you would need a different attorney for a botched surgery than you would for a car accident. Sometimes you need an attorney who is prepared to handle a rare catastrophic injury case; other times you need an attorney who can quickly and effectively handle a routine accident.

We evaluate and recommend lawyers based on many different factors, including client satisfaction, which doesn’t necessarily translate into a win-loss record. If you call us looking for a win-loss record on a particular attorney, we’ll take the time to explain why you can’t just rely on that number alone (if it’s even possible to determine what that number is).

Instead, we recommend attorneys based on their experience with your particular type of case, how well they communicate with clients, how highly they are regarded among other lawyers and among judges, whether they are local, whether they have enough resources to handle your case, and whether we think it will be a good fit all around. If you’re looking for an opinion on an Illinois attorney, give us a call.

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Five things you should know about having to pay child support in Illinois

May 15th, 2013

Child support seems to be one of the most confusing and also common legal issues that people in Illinois face.  Here are five common misunderstandings that we see and believe people should be aware of.

  1. Whether you spend 50% of the time with your child or no time at all, one parent is going to be named primary custodian of that child and they will receive child support. The two parents can agree to something different, but otherwise a Judge is going to rule that one of them gets support.
  2. Your own personal expenses will not reduce your child support obligation.  This may be really unfair, but it’s the law. So if your complaint is “by the time I finish paying child support, I don’t have enough money to pay for my rent,” it will likely fall on deaf ears when you go before a Judge.
  3. Once a child support order is put in to place by the Judge, there are no time limits for collecting on it.  So if a dead-beat parent avoids paying, they’ll never really be completely off the hook.  And interest will be added on to all that they owe.
  4. If you lose your job or aren’t making as much as you used to when the child support order was put in to place, it’s your job to go to court and get the support order lowered.  It can’t be done retroactively.  In similar fashion, if your ex is making more money and you want to increase the amount you get, you have to go to court.
  5. Verbal agreements that you make outside of a courtroom are typically not enforceable.  Same holds true even for most written agreements.  If you want to be safe and protect yourself, you need to get in to court.

If you have any questions about Illinois child support laws, please click the contact button on the left side of the page.  We’d be happy to help you.

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Illinois law on vacation pay when you quit or get fired

May 14th, 2013

Most people aren’t aware of their employer’s policy on what happens to their benefits when they quit or get fired. But when one of these things happens, it’s important to be clear on what you’re entitled to. If your boss tells you that you lose your vacation time at termination, it’s definitely something you should question.

Many employees in Illinois are entitled to be paid for their unused vacation time if and when their job comes to an end. It largely depends on whether your employer offers paid vacation time. If your employer does in fact offer paid vacation time, and you haven’t used all that you have earned, then the law says you must be paid for that time.

Note that Illinois employers are not obligated to offer paid vacation time. This law applies only where paid vacation time is offered and has been earned (and not used) by the employee. You might have to double-check your employer’s policy, as well as your vacation time records, to know what you are owed, if anything.

If you have already left your job, and you are now realizing that you were owed payment for unused vacation, it might not be too late. An attorney can help you get the information you need to know for sure whether your former employer owes you money.

Employment doesn’t always end on good terms. Your employer may believe that you don’t deserve your vacation pay, or that you shouldn’t be asking for it. However, it’s a form of compensation that you have earned. It’s yours.

You should receive your final paycheck, including all compensation such as unused vacation pay, at termination, according to the law. Strictly speaking, this means your last day on the job. However, the law allows it to be paid as late as the next scheduled payday. If your employer is dragging their feet on your final paycheck, which isn’t uncommon, an attorney can help you understand your rights and get the paycheck you’re owed. If your employer cannot be convinced to pay, then your attorney can file a claim against them.

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Knowing when workplace discrimination is illegal

May 13th, 2013

There are a lot of different kinds of discrimination, but only a few kinds are illegal. You might be a victim of discrimination at work, but you have to look at the law to know whether you can do anything about it legally. For example, if you get fired for being too young, you don’t have a case. Employers can do that. If you get fired because of your race, on the other hand, then you most certainly will have a case worth looking into. One of the first things an employment discrimination attorney will look at is whether you are a member of a “protected class.” Protected classes are based on religion, national origin, sex, race, etc.

Another consideration is whether you can prove your case. Unfortunately, you might know for a fact that you got fired because your boss disagrees with your religion, but you can’t expect the court to take your word for it. You’ll need proof from a witness, or a document, or anything that clearly shows the illegal reason behind your firing. Your file will likely say you were fired for some other reason, like not showing up on time or not doing what was expected of you. Illegal discrimination doesn’t just apply when you get fired. It’s also illegal to discriminate when giving out bonuses, awarding promotions, allocating benefits, etc.

Some things that happen in the workplace are just unfair. Like when your boss promotes someone else instead of you because that person is their friend. It’s unfortunate, but not illegal. Other times, however, it ends up being completely illegal and you can take legal action against your employer.

An Illinois attorney who is familiar with employment discrimination cases (preferably someone who has handled – and won – many such cases in the past) can help you decide whether to pursue your case. A good attorney will be upfront and honest about your situation. If they don’t think you have a “good” case, they should explain why, in terms that you understand. And if you do have a good case then they should be realistic in telling you what to expect. If you get the feeling that the attorney you’re meeting with doesn’t have a lot of experience in these cases, find someone who does.

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Should I hire an Illinois debt collection attorney?

May 10th, 2013

If you’ve been trying to collect money that someone owes you, and they keep putting you off, or they’ve stopped responding at all, we might recommend hiring a debt collection attorney. They can make a debtor take your payment demands more seriously, they can act fast, and they can file a lawsuit to force payment if nothing else works.

First, a debt collection attorney might try what you’ve already tried – asking for payment. But they’ll do it on law firm letterhead and put their name on it, which might help get the attention of the person or people on the receiving end. The letter usually has a deadline and states that a lawsuit will be filed if payment isn’t made by that date.

Next, if that doesn’t work, your debt collection attorney should be able to quickly follow through and file a lawsuit. If the defendant (the person who owes you money) doesn’t respond, you can get a default judgment in your favor. Basically, if they ignore the lawsuit and don’t respond by a certain date, then you can win automatically.

Once you have a judgment in your favor, you have the power to collect your money. There are a few ways you can do this. Wage garnishment, putting a lien on property or having the debtor’s bank pay you from the debtor’s bank account are possible options. With wage garnishment, you can take up to a certain percentage (usually 15%) of the debtor’s pay. The employer deducts the wages, and the amount has to be approved by a judge. Your attorney can help you figure out what assets a debtor has, where they work, etc., as they’re not likely to tell you this information willingly.

For some business owners, non-payment is a common problem, but that doesn’t mean you have to accept it and move on. If you wonder whether you should go after someone to collect on a debt, talking to an attorney might help answer that question. Get a free consultation and find out how realistic it is that you will be able to collect your money, how long it might take and what it might cost. If you are having trouble collecting a debt on your own, then you’ve got nothing to lose.

Debt collection attorneys often charge a contingency fee, which means that you only pay if they’re able to successfully collect the money you’re owed. If they are successful, you pay a portion of what you recover. This is their fee. If they are not successful, you will owe nothing. In some cases, an attorney may charge an hourly fee. It often comes down to the size of the debt you’re trying to collect.

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Illinois medical malpractice – A bad result doesn’t mean you have a case

May 9th, 2013

I’ve been getting a lot of calls that go something like this:

I had knee replacement surgery and even though the doctor said I’d be running in six weeks, it’s six months later and I’m still in tremendous pain. Can I sue him?

Or:

My wife had her tubes tied after she delivered what we expected to be our third and final kid. Two years later she’s pregnant again with a baby we simply can’t afford. Do we have a case against the OBGYN for botching the surgery?

Or:

My father was diagnosed with cancer and started chemo. The oncologist said that she thinks she got it all, but then three months later he’s dead and the autopsy showed that the cancer spread to his liver and bones. Does my mom have a case for this terrible treatment?

Without seeing the medical records I can tell you that the answer to all three questions, unfortunately, is that none of them have a case unless something really odd happened. The first person had a really bad knee to begin with. There is no guarantee you will get better after that surgery. The 2nd person had a surgery that isn’t 100% effective. Unfortunately a risk of having your tubes tied is that it might not work. The 3rd person had cancer and you can never be 100% sure as a doctor that you got it all and even had they known that they hadn’t, it had already spread.

If a doctor doesn’t make an unacceptable error that changes the ultimate outcome for you in a terrible way, then you have no case.

We never tell people what they want to hear. We always tell the truth. Unfortunately the truth is that these cases aren’t going anywhere. That doesn’t mean that there wasn’t a harm suffered. It just means you can’t prove the harm was from negligence.

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