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Archive for January, 2011

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Illinois malpractice lawyer warnings

Thursday, January 20th, 2011

Malpractice cases—whether they are for legal or medical malpractice—are difficult to win.  By their nature, you are often presenting evidence in a complex area of which the defendant is an expert, and you are not.  Documents and other physical evidence are maintained by the defendant or the defendant’s company.  Testimony by the defendant usually shows that he or she is in a superior position to you with regard to the facts of the case.  And with regard to your credibility, you don’t want to be perceived as just a “whiner,” who is unhappy with the result of your legal case or medical treatment.

It is therefore important to have an attorney handling your case that really knows the ins and outs of successfully pursuing a malpractice case.  But how will you know before it is too late, if your attorney is in over his or her head or not completely trustworthy in the advice you’re being given?   A major red flag is how the attorney handles experts for your case.

Experts are critical in malpractice cases.  Their testimony often is the central driving force of the case.  An attorney who has the requisite level of experience and expertise in malpractice cases should know who to call for different types of fact situations.

Recently, we received a call from someone looking for an expert witness for a case.   This is highly unusual for the client, and not the attorney to be making such a call.  The attorney should have the knowledge as to what kind of expert is needed and what kind of testimony the expert will have to give.  If the attorney is asking the client to do this, it’s a red flag that the representation is not what is should be.

Also, if your attorney is making the calls to the experts, but is not able to get one to review your case and testify, then it could be a sign that you do not have a good case worth pursuing, even though your attorney has said otherwise.  This would be a red flag as well, as to the attorney’s level of knowledge and experience.

Another area where an issue concerning experts should alert you to a problem with your attorney’s representation, is your attorney’s referral for medical treatment for your medical malpractice case.  If he or she is insisting that you see a particular doctor, beware.  If the attorney is regularly referring clients to a specific doctor, this could be a sign that there is something unethical about the relationship, and perhaps some inappropriate benefit is being received for the referral.  If it does not raise a red flag for you, it may for the court when the doctor is testifying, and this could jeopardize the credibility of your case.

While most lawyers are in fact honest and trustworthy, and skilled in the practice areas they claim to be, some are not.  In an area as complex as malpractice, it is important to expect the best but be on the lookout for those that are not as they should be.

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Five Reasons You Will Lose Your Case, Part 2

Wednesday, January 19th, 2011

Every Wednesday we offer five legal tips.  Last week we offered five reasons you might lose a case.  Here are five more.  Not every case is a winner. Sometimes, it’s the lawyer’s fault. Other times, it’s the client’s fault. Luck even plays a part. Here are some common reasons why you might lose your case.

  1. Your attorney isn’t fighting for you. If your attorney is too busy or burned out, or doesn’t know what they’re doing, your case will suffer. If your case isn’t prepared well early on, you won’t be in a good position to settle. And if you end up in court, it could be a disaster. The best way to avoid a situation like this is to interview your attorney before hiring them and communicate regularly after that.
  2. The facts are against you. Sometimes, you just lose. If you rear end a driver in front of you because they slammed on their brakes, the law says you were following too close.  It may not be fair, but the system isn’t perfect.
  3. The law is against you. Judges are going to follow the law as it exists or follow what higher courts have decided in similar cases. Sometimes, a person who has been harmed or wronged in some way simply doesn’t have a case under the law. Again, the system is not perfect.
  4. You aren’t being realistic. Not every case is a win-lose situation. For example, many cases settle. Whether a settlement is a win or a loss for each party depends on their perspective and expectations. The media report on high-profile cases, which often claim that John is suing Fred for a million dollars. Later on the case settles and the amount is confidential. It probably settled for more like $10,000, but all the public remembers is the million dollar claim.
  5. You aren’t telling the truth. If you get caught lying your case could be over, and your attorney might drop you. Don’t lie to the judge, or to the cops, or to the insurance adjuster. Don’t exaggerate or make threats. Like your mom always said, honesty is the best policy.

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Illinois civil rights lawyer myths

Tuesday, January 18th, 2011

About three to five times a week we will get contacted by someone who is looking for a civil rights attorney.  In the ten years of running our legal advice and lawyer referral service, we have realized that most people don’t realize when they actually need an Illinois civil rights lawyer.

Civil rights have to do with protections in the constitution and under the law.  For example, a public restaurant can’t refuse you service because of your skin color.  Your employer can’t pay you less money because of your gender.  A seller of house can’t refuse to sell to you because of your religion.  The police can’t beat you up.

Most people don’t call with problems similar to those described above.  If you can’t get a job because you were convicted of a crime years ago, that is not a civil rights violation.  It’s also not against the law to refuse tp ret an apartment because you have a pet (unless it’s a seeing eye dog or something of that nature).

The biggest civil rights complaint we receive is also not a case.  It’s usually a parent who has been denied visitation with a child or believes they are paying way too much for child support.  These things may be unfair and we understand why they are frustrating, but they have nothing to do with your civil rights.  The place to address these claims is family law court.  You might lose, but that’s our legal system.

The other big complaint is when someone has been falsely accused of a crime.  Just because you are found not guilty at trial or the charges were dismissed, does not mean you should run and look for an Illinois civil rights attorney.  You need to show that you were truly conspired against and actual civil rights were violated such as if they withheld evidence from you.  All this is much easier said than done.

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The Illinois divorce lawyer who rips you off

Monday, January 17th, 2011

Going through a divorce is inherently stressful, so you hire an attorney you trust, to help you navigate the rough waters ahead.  But sometimes it can be your attorney who, in the end, creates the final stress for you as the attorneys’ fees are dealt with.  While most attorneys are honest and ethical, you may, unfortunately, be surprised to find that you’ve been dealing with an attorney who was handling fees in a manner often referred to as “bleeding a file.” 

This practice of bleeding a file occurs when an attorney or law firm attempts to extract all the fees out of a case that they can get away with.  They may try to accomplish this in one of several different ways, or a combination of many.   It is very important to be vigilant throughout the handling of your case, so there are no surprises in the end.   Check your attorney’s bills regularly, and use following guidelines to try to see that you are not paying more than what is reasonable for your case: 

1.  The bills should be detailed regarding the work performed, the amount of time it took for each service provided, and the cost associated with each item.  Family law attorneys often take a lump sum retainer up front, which they pay to themselves as they have earned it.  Don’t look at that money as money already spent, just because you gave it to your attorney in the beginning.  It still does not become the attorney’s money until it has been appropriately earned, dollar by dollar.  Request monthly, detailed bills, and look at the bills carefully– and see what your money is being spent on. 

2.   Each service performed and detailed on your bill should state who performed the work.  If a paralegal or law clerk was doing the work, it should not be billed at the same rate as the attorney charges.  Ask questions about what the practice is in terms of who is likely to do which kinds of tasks–before you hire the attorney.  If there is any doubt after seeing the detailed bill, ask the attorney questions about who does each task. 

3.  Look for signs that your attorney is running up your bill with unnecessary motions, or delays of the case.  You could spend a lot of time and money on litigation that is not necessary for a reasonable end result.  Talk to your attorney about the strategy as you go along, and discern whether it seems that there is more process going on than substance.  Also, are too many of those steps in the process coming up empty?  If so, perhaps it is because they were not warranted for any reason other than charging more fees.

 4.  Find out what your spouse is paying.  His or her bills should not be twice what yours are.  If your attorney charges less for an hourly fee, but your bills are higher, your attorney might be running up a bill with unnecessary and unreasonable charges. 

The bottom line is that your bank account is not a bottomless fund.  Each charge needs to be detailed and reasonably calculated to accomplish your goals.  Both you and your spouse will suffer in the end if your attorney is bleeding the file.  You will pay more for nothing but heartache, and your spouse will be paying more to respond to unnecessary motions, etc.   Be your own advocate by being vigilant and inquisitive.

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Illinois child custody and support – sperm donors

Friday, January 14th, 2011

 

 

These days there are many more ways to have children than we could have ever “conceived” of decades ago, which bring with them more ways to be obligated to pay child support.  The obligation to pay may even exist where the determination of parenthood does not.

A case decided by the Illinois courts is similar in nature to a recent call we received from a man who was the “victim” of an insemination which he claimed to be fraudulent.  I’ll leave the details up to your imagination, but suffice it to say that in each scenario the man’s partner inseminated herself with his sperm without his knowledge, and she became pregnant as a result.

In the Illinois court case, the method of insemination was given less regard than the rights of the child that it produced.  Though the man could possibly maintain an action for emotional distress for a child being conceived by him without his knowledge and consent, he was nonetheless on the hook for child support payments.

Illinois law is laden with rules that are designed to protect the rights of a child to have the financial support of parents.  For example, a child born to a legal marriage is presumed to be the child of the husband.  If he wants to disclaim parentage and attempt to avoid support, he will have to bring an action to defeat the presumption.  Also, in Illinois, if a woman continues a pregnancy over the objection of the father, he will likely still be obligated to pay support for that child.

With all the modern ways to conceive, though, the law has developed in Illinois to try to create clarity as to who is deemed responsible for the child.  When a woman is artificially inseminated with sperm that is not her husband’s, for example, the sperm donor is not viewed as a parent to the child.   And if her husband has not consented in writing to the insemination, he would not necessarily be responsible for child support either.

Despite these scenarios which could remove the child support obligation for a proven non-father, the focus of Illinois courts remains the best interests of the child, which is generally to have the man’s financial support—even in some situations where he is not the father.  There are many seemingly-odd stories which end with this result.  Even where, after some period of time, it is proven the man was deceived and he ends up not to be the father, he may still not be able to escape support obligations.

The bottom line for the Illinois courts is that they are often less concerned with the method of conception, and more concerned with the rights of the child.  They have articulated that it would be wrong to deprive a child of financial support because of deception and technicalities created by the adults involved.  For this reason, parentage and child support responsibility are the preferred result when legally possible.

Posted in Illinois Family Law | Comments Off

Illinois Cat Bite Lawyers

Thursday, January 13th, 2011

If you have been bitten or scratched by a cat, you may not consider filing a lawsuit, at first. However, cat bites and scratches can actually result in major health problems. Domestic cats are typically vaccinated but a bite or scratch can still cause serious infection that could require hospitalization and IV antibiotics or nerve or tendon damage that could require surgery and physical therapy.

The first thing you should do if you are bitten or scratched by a cat is seek medical treatment, even if it doesn’t appear to be serious. If the cat bite or scratch results in a serious medical condition, you may want to file a lawsuit to compensate you for your medical expenses or other costs, such as lost wages. The Illinois Animal Control Act, which applies not only to dogs and cats but all animals, states that victims of such animal-related injuries may collect damages if you prove four things. They are:

1. That you are suing the right person – in other words, the cat is owned by the defendant. Cats, dogs and all pets are considered property.
2. That you didn’t provoke the attack by teasing or instigating the cat.
3. That you were conducting yourself in a peaceable manner – again, not provoking the cat.
4. That you had a right to be at the place where the injury occurred – you weren’t trespassing when the attack occurred.

So, in Illinois, you don’t have to prove that the owner of the cat was negligent or at fault in any way. You also don’t have to show that the cat had previously exhibited aggressive tendencies, had bitten or scratched in the past. Rather, you only need to prove the above elements in order to recover full damages for your injury. It is understandable that you may be apprehensive about suing your friend or neighbor. However, keep in mind that most property insurance covers this type of liability. That means you will be dealing primarily with your friend or neighbor’s insurance company and not directly with the individual.

Therefore, it is strongly recommended that you consider hiring an attorney who has experience in these types of cases. You do not want to deal with an insurance company on your own. An experienced attorney will have the expertise to handle negotiations with the insurance company and ensure that you are compensated fairly for your injuries – mental, physical and financial. If you are concerned about the cost of an attorney, note that most personal injury attorneys take cases on a contingency basis, meaning you pay nothing if you get nothing. If you do, however, recover an award or settlement, your attorney is paid from that amount.

To learn more visit http://www.findgreatlawyers.com/Illinois-Cat-Bite-Lawyers.htm.

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Personal injuries on golf courses in Illinois

Thursday, January 13th, 2011

The top court in New York just dismissed the case of a man who was suing a fellow golfer after he was hit in the head by an errant shot back in 2002.

The injured golfer was blinded in one eye by the accident and was unable to continue working in his profession. He claimed that the other golfer (they were golfing together) was negligent because he didn’t yell “fore!” to warn him. The injured golfer was searching for his ball in the fairway when he was hit.

The judges basically said that he is expecting too much of fellow golfers. In other words, holding the defendant liable would put too great a burden on people. Getting hit in the head with an errant ball is simply one of the risks of golfing, and a risk that you consent to when deciding to play the game, the court said. The judges also said there was no intentional or reckless conduct.

I tend to agree. If you’re playing a sport – even recreationally – you have to know that you might get hurt, even if it’s a sport like golf as opposed to football where injuries are pretty much part of the game. Lawsuits against another player, or a coach or referee, are generally tough ones to win unless the other person injured you intentionally.

In Illinois, the law expects a person to act within the bounds of the sport that they’re playing. So what’s allowed and what’s not – in terms of carefulness – changes. In Illinois, for a full-contact sport (think hockey), you have to prove that the other player intentionally injured your or that their actions were beyond what’s normal or acceptable for the sport. Golf is at the other end of the spectrum.

The rule of assuming the risk extends to being a spectator, as well. These cases tend to show up in the news, where a fan sues after getting hit by a baseball or a hockey puck. The injuries can be serious, or even tragic, but legally speaking they are often considered mistakes. Again, it’s a known risk. If there is negligence, it’s usually the fault of the owner or manager of the facility where the event is taking place. There are safety features in baseball stadiums and hockey arenas that are meant to protect spectators. If these are missing, or in disrepair, an injured person might have a case.

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