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Illinois Lawyer Referrals and Legal Guidance

Archive for November, 2009

IVC Filter lawsuits

Friday, November 20th, 2009

One newer area of product liability law involves IVC filters.   The gist of these lawsuits is that IVC filters are put in place in order to filter blood clots and prevent them from traveling to your lungs.

Although nothing is conclusive, studies have shown that there is a a significant statistical rate of device failure, fracture and migration in the Bard Peripheral Vascular RecoveryTM and G2TM IVC filters. These problems lead to movement of the allow portions of the RecoveryTM and G2TM filters to the body’s vital organs. Once the metal pieces have deposited in these organs, there can be grave injury, bleeding, severe pain, further embolus and/or other conditions.

These problems can be detected with a CT scan.  Sometimes this will lead to a surgery to remove the problem.  Other times a surgery is too late and you essentially are sitting there with a fragments in your body that may or may not at some point cause really serious problems.

Finding an experienced IVC filter lawyer is a challenge because this is a new area of law.  We do know attorneys that have experience with these types of cases.  That means that they are not learning on the go if they represent you.

Most importantly, if you have one of these devices implanted, be sure to have it regularly monitored before a catastrophic injury occurs.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois traffic lawyers update on DUI and driving without a license

Thursday, November 19th, 2009

Two big things happened yesterday that are in direct conflict with each other and they will greatly impact how Chicago traffic lawyers handle cases in the future.

First the Chicago Alderman, after months of debate and no action, passed an ordinance to punish people caught driving on a revoked or suspended license.  As we have reported, this happens more than 20,000 times a year.  From now on your car will get impounded although you can get it back if you pay a $500 fine and $165 towing fee.  The hope is that people will stop driving if they know that every time they do it could cost them that much money or their car.

In direct conflict of that law, a DuPage County Judge ruled that Illinois law that allows municipalities to seize cars of drunk drivers is a violation of the constitution.  The law is also used for a handful of other crimes from murder on down.  The towns then sell the cars and keep the money or destroy the cars.

The law is still in effect, but it’s likely headed for a challenge at the Illinois Supreme Court.  And if they overturn these laws it’s going to have a huge impact on how these cases are handled.  Stay tuned.

 

Illinois legal advice- Five tips on loan modifications, work injuries, joint custody and more

Wednesday, November 18th, 2009

Every Wednesday we provide five legal tips based on questions we have received from callers that we think would be of interest to everyone:

Is it true that Illinois lawyers are required to do a certain amount of pro bono work every year? Although many attorneys do some pro bono work, it is not required and many choose to do none at all. Finding a free attorney is a huge challenge, especially for matters like family law.  In some cases an attorney will work on a contingency basis which means that they only get paid if they win the case.  That is typically injury cases or matters where you are owed a lot of money.

If I get joint custody will I have to pay child support?  Whoever the Judge says is the "primary custodian" of the child will receive child support.  Generally joint custody means that you have some visitation and a say in how the child is raised e.g., their religion, health, schooling, etc.

How do I know if I am eligible for a loan modification?  It usually requires a review of your situation, but typically you can get a modification if your mortgage is 31% or more of your monthly income.  Some banks are really fraudulent about this stuff.  We’ve seen banks that have told clients to jack up their income with false claims of receiving child support, telling them that this will make them eligible when the opposite is true.

If I am hurt on the job and my doctor says I will need medical care for the rest of my life what do I do? It’s actually a simple problem to solve.  If you go to trial and win your case – which presumably you will if your doctor is in your corner – then you will be able to receive medical treatment for that problem for the rest of your life as long as it relates to the work injury.  In other words, if you have a back surgery, if 20 years from now you wake up with back pain, if your doctor thinks it’s because of your work injury then the insurance company would have to pay for that additional treatment.

I read about the BAID device for people convicted of DUI’s so they can drive again.  I can’t afford it, do I have to do that?  No, you can choose not to drive.  You can also fight the DUI charge.  If you have already been convicted you can petition the Secretary of State to reinstate your license.  The BAID device is a way to get the ability to drive quicker in a manner that the courts feel protects the public.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential

Defending assault charges in Illinois

Tuesday, November 17th, 2009

See full size imageIf you are arrested for assaulting someone in Illinois, that doesn’t mean they ended up with a black eye like the person in this photo.  You can be charged with assault even when you don’t touch another person and even if they suffer no injury.

Assault is defined as an attempt or threat to injure someone and having the ability to carry it out.  For example, if you shake your fist in someones face in a threatening manner you can be arrested for assault.  Same thing if you point a gun at them.  If you actually carry out the act and cause an injury, it would be an additional charge like battery.

There are two types of assault, simple and aggravated.  Simple is when the act is just something like shaking your fist at someone or threatening to kill them.  Aggravated is when it is part of another crime.  For example, if you take out a knife and rob someone, you would be charged with aggravated assault because it was in connection with a robbery.  You could also be charged with armed robbery.

Punishment for a conviction could be jail time and/or a large fine.  In other words, if you are arrested for this you need a lawyer that has experience defending these types of cases.

The best defense to an assault is that you weren’t really threatening someone.  For example, you can put your fist in someones face, but do so in a joking manner.  If there is not a reasonable fear of possible harm by the victim then you should not be found guilty. 

Of course, "reasonable" fear is a matter of opinion and that’s where having a good attorney comes in handy.

 

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

 

Illinois family law attorneys- you have to remember they are business people

Monday, November 16th, 2009

The most common area of practice for calls to our office is family law.  It’s also the most emotionally charged area of law that we deal with.  Of course that makes sense, especially when there has been infidelity or you are battling over custody.

A recent caller who has no money and is going through a custody battle became upset when we told him that we couldn’t help because there is no lawyer we know that he could afford.  Attorneys don’t set their fees based on what the client can afford and unfortunately we are not a place to find a free Illinois family law attorney.

"You guys are just in it for the money and don’t care that a child is in danger," was his reply when I told him that we can’t help.  I’m guessing that this person doesn’t go to McDonalds or Gibson’s and ask why they aren’t giving away free food when there are thousands of people in Chicago that are hungry and can’t afford a meal.  He probably also doesn’t protest any colleges who won’t let students get an education without getting paid.

Like these other organizations, law firms in Illinois are also businesses.  Attorney fees are what they are and if you can’t afford it you probably won’t get representation.  Some people lose cases and others win because of their financial situation.

Until our brilliant government leaders come up with a more streamlined system, things will continue to work this way.  The only possible ray of light for someone who doesn’t think they can afford a good attorney is that in some situations you can petition the court to make your ex pay your lawyer fees if they make a lot more money than you do.  Beyond that your best bet is to do whatever you can to find the funds needed or seek out pro bono groups and hope for the best.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Life insurance litigation lawyers – A recent Illinois trend

Saturday, November 14th, 2009

We have helped people find Illinois attorneys since 2001.  As a result we’ve heard about every imaginable scenario out there.  At times we see a real wave of a certain type of case.  Lately it has been life insurance companies who are refusing to pay the benefits they owe.

The gist of the situation is someone will apply for insurance, pay all of their premiums and then pass away.  Their beneficiary goes to collect and they are told that the case must be investigated first.  Low and behold they determine that on the initial application, something wasn’t disclosed and now the insurance company won’t pay anything at all.

We’ve seen this tactic even when the person who died was killed in a car accident, not from some sort of "pre-existing" condition.  In one recent case, the insurance company told the decedent’s daughter that her Dad had lied on the application.  They knew this they said because they had his medical records.  When she asked what the lie was they would only respond that she should get the medical records and application and see for herself.

It’s absolutely disgusting how some of these companies act.  But you must remember that insurance companies don’t make money by doing the right thing.  In cases like this you have to sue.  If you settle with them for less than the full amount they look at it as a victory.

If there is absolutely no basis for the insurance company to act the way they are, we may also be able to bring a "bad faith lawsuit" against them.  This can punish them for their terrible behavior. 

We always find it amazing that they are happy to accept all of the premium payments until the life insurance is actually needed.  It’s really shameful.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois criminal defense lawyers and sexting

Thursday, November 12th, 2009

What is sexting?  It’s basically sending a text message with a photo that shows off your body parts or is in some other way sexually explicit.  So why are we talking about it in an Illinois legal blog?

The answer is because it often leads to a crime.  Even though no one saw it coming, possession of these texts can lead to child pornography and/or other criminal sexual offenses.  If a teenager sends you a picture of them naked, you are in possession of child pornography.

This is all very new and it’s difficult to tell what will be prosecuted and what will be let go.  It’s certainly much different than searching for kiddie porn on a computer.  But if you take a photo of someone or possess it after they send it to you, you may be asking for trouble.

Most of these crimes are felonies with jail time a very likely result for anyone who is convicted.  You also risk being branded a sex offender.  This has happened throughout the country and is sure likely to happen in Illinois. You could potentially be arrested for sending "lewd" texts and it’s possible that statements in texts could be used against you as evidence in charges like statutory rape.

The same could/would hold true for photos on Facebook, MySpace or any other website.  These photos can also be used as evidence in civil cases like divorce.  Finally we’ve seen many people get charged with underage drinking because they have been found by local police in photos in possession of beers.

So text away, but do so at your own risk.

Since 2001, findgreatlawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential


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