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Archive for October, 2011

Overview of Cases Handled by Cook County Nursing Home Abuse Lawyers

Monday, October 31st, 2011

Cook County nursing home lawsuits get filed at the Daley Center which is at 50 W. Washington St. in Chicago across from City Hall. So what is nursing home abuse?

Nursing home abuse occurs when a staff member or another resident causes physical, mental, or sexual injury or exploits a resident’s financial resources. Examples of nursing home abuse include unexplained physical injuries like bruises, cuts, burns, broken bones or sprains.

Negligence occurs when a staff member or another resident fails to provide or withholds the necessities of life, including food, clothing, shelter or health care. Examples of neglect include bedsores, frozen joints, malnutrition, dehydration, hypothermia, heat stroke, or improper medications resulting in illness.

Illinois law defines a resident of a nursing home as a person 60 or older who is either a current, prospective, or former resident. Residents have the right to proper care, proper treatment, and to compensation if abuse or neglect occurs.

The Elder Abuse and Neglect Program responds to reports of abuse, neglect or financial exploitation of persons 60 and older. The Elder Abuse Program has 45 locations throughout the state that conduct investigations, work to resolve abusive situations, and provide services to victims.

Specifically for elder abuse and neglect allegations, Illinois has a program called the Long-Term Care Ombudsman Program to assist residents and family members. An ombudsman is an appointed official who investigates complaints of elder abuse or neglect. They inform residents and families of their rights, resolve complaints, and advocate for proper care.

In Cook County, The Chicago Department of Senior Services assists with claims of abuse and neglect against the elderly. It is located at 30 N. LaSalle, Suite 2320, Chicago, Illinois 60602-2586.

Malpractice lawsuits provide compensation for victims and act as a safeguard to ensure that proper standards are followed in the industry. If you or a loved one has suffered abuse or neglect, you should contact an experienced attorney to assist with your claim. All claims handled by abuse attorneys are investigated and pursued without any upfront cost to the client. Claims are pursued on a contingency basis which means that there is no fee unless the client wins. If the client wins, the attorney will recover a portion of the awarded damages. Through contingency fees, everyone can receive the best representation, regardless of his/her economic status.

For information on nursing home abuse and neglect we suggest that you visit http://www.findgreatlawyers.com/NursingHomeMalpractice.htm

Slip and Fall Attorneys and the Laws They Use

Friday, October 28th, 2011

Please note that this article applies to Illinois law only.

Slip and fall cases span a wide range of accidents. You may be injured from defective stairs, slipping on snow or ice, a porch or roof collapse, or falling into a city pothole. Whenever the accident occurs on someone else’s property, the owner may be liable for your injuries.

In order to hold the property owner liable, you’ll generally need to prove three things:

1) A latent defect existed.
2) The property owner caused the defect, or he knew or should have reasonably known about the defect and he did nothing about it.
3) You could not have discovered the defect through a reasonable examination.

You may also be able to establish liability in other situations if you can show that:

o The owner fraudulently concealed a dangerous condition from you.
o The owner promised that he would repair the defect and then later failed to repair it.
o The owner voluntarily undertook to make repairs or improvements on his property and failed to use reasonable care in doing so.

A property owner can only be held liable for slip and fall injuries if he was responsible for maintaining the property, he failed to take reasonable steps to avoid the injury, fixing the problem or giving adequate warnings would not have been unreasonably costly or difficult, it was likely that a serious injury would occur, the owner’s negligence was the cause of the injury, and the victim was actually hurt.

A very common instance of slip and fall injuries is ice and snow on someone else’s property. The law in Illinois for removal of snow and ice is based on “natural accumulation.” Generally, property owners are not required to shovel snow or remove ice from walkways and stairs because anything that naturally accumulates due to weather is not the owner’s responsibility. The law views this more as an “act of God.” However, if an owner does a poor job shoveling snow (negligence) or allows ice to accumulate because of a leaky gutter (negligence), then he may be liable for slip and fall injuries that occur as a result.

While not mandatory in Illinois, property owners should definitely carry some insurance to protect themselves against slip and fall injury lawsuits (they also need insurance to obtain a mortgage). Liability insurance which covers any injuries suffered due to defective conditions, as well as attorneys’ fees, is provided under a comprehensive general liability policy.

One important thing to keep in mind is that if you slip and fall, injuring yourself on public or government-owned property, such as a pothole, most states require that you notify the appropriate governmental agency (e.g., the city) promptly, in some cases as quickly as within one month of your injury. If you fail to report your injury before the time limit expires, you may lose your right to recover damages forever. It is a good idea to contact a lawyer as soon as possible after you are injured in any slip and fall case. Most attorneys will quickly investigate the scene of the accident to preserve any evidence before it is lost. If possible, if you get hurt from a slip and fall you should take pictures of the area where you fell and document everything that happened.

For more information about Illinois slip and fall law he recommends that you visit http://www.findgreatlawyers.com/2SlipandFall.htm

Retainer Fees

Thursday, October 27th, 2011

Before you hire an Illinois lawyer, you should always have an honest and forthright discussion about how they will be paid. A lawyer’s billing method, as well as rates, depends upon the amount of time spent working on your case as well as the nature of your legal issue and the reputation and experience of the lawyer. Types of fees are hourly, a flat fee or a contingency basis.

A retainer fee is a certain amount of money that you pay ahead of time and upfront to an attorney. The attorney puts that money in a special trust account and deducts the cost of services from that account as they accumulate.

This type of fee is usually used when a legal bill is high and the attorney needs to do ongoing work. Common practice areas that use retainer fees are family law and criminal law, although many other hourly cases use them, too. Basically a retainer fee works like a debit card. You pay an up front amount and the lawyer takes that money when they perform work. For example, if you give a lawyer $2,500.00 and they charge $250.00 an hour you have paid up front for 10 hours of their time. Typically after they work enough hours to go through the retainer fee they will ask you for more money. Retainer fees are typically refundable. In other words, if you fire your lawyer or the case ends, any money that was not billed should be returned to you.

Be sure to ask lots of questions and read the written agreement that you have with your attorney so that you understand exactly what its terms are. For example, the lawyer may add interest or other charges to unpaid amounts in the future. Similarly, if you decide to drop a case that your lawyer has worked on before she has used up the retainer fee, you may forfeit any remainder. If your matter needs to go to court, additional fees may be required, as well.

In addition, I highly recommend that you ask your attorney to provide a monthly statement for the work that they perform. We have seen too many instances in which a client doesn’t talk about the work their attorney is billing for many months only to one day get a call or e-mail stating that the retainer is gone and the client has to pay a few thousand more or the Illinois attorney they hired will withdraw from the case. By getting a monthly invoice you can stay on top of the work that your attorney is doing and keep track of what their work is costing you.

No matter how you choose to compensate an attorney, we can’t emphasize enough that you should get whatever agreement that you have with them in writing.

Five Tips On Illinois Medical Malpractice Laws

Wednesday, October 26th, 2011

1. What is medical malpractice in Illinois?

Illinois law describes medical malpractice as any kind of treatment or accepted standard of medical care that causes harm to a patient.  To bring a case you usually need a permanent injury.

2. How long does a patient have to file a lawsuit against the physician?

Illinois law provides that the statute of limitation determines the amount of time a patient has to file a lawsuit against the physician. Generally Illinois law provides that the patient has two years from the date that he knew or should have reasonably known of the injury to bring suit against the physician. There are exceptions to this rule and any potential plaintiff should speak with an Illinois medical malpractice attorney as soon as possible or their case could be barred.  Some time limits are as short as one year from when it happened.

3. What must be shown to prevail in an Illinois medical malpractice case?

Illinois law establishes that a patient must show: that the physician owed him a duty that was breached, that the patient suffered an injury and that the patient’s injury was a proximate cause of such breach.

4. How does a patient begin to initiate a medical malpractice claim?

Illinois attorneys will tell a victim that the first step is to hire an attorney to review the patient’s case. This process includes reviewing medical records and other essential information. If the attorney feels the patient has a good chance to recover in this case, then the individuals being charged with the claim must receive written notice of the medical malpractice claim.

5. Does a consent form imply that a patient has waived his rights?

A consent form provides that a patient is aware of the risks associated with a certain medical procedure. However, a consent form does not allow a physician to breach his duty of performing the standard of care that is required to perform the procedure.

Cook County Family Law Attorneys and Information

Tuesday, October 25th, 2011

Family law refers to areas of law such as divorce, child support, adoption, pre-nuptial agreements and child custody. If you are dealing with a family law issue in Lake County, Illinois we almost always recommend that you hire a Lake County based attorney to handle your case or someone who regularly appears there.

Cook County family law cases are split up into three basic divisions: Domestic Relations, Child Support, and Child Protection. Domestic Relations courts hear divorce, child custody, and visitation matters. Child Support courts hear all cases regarding payment of support fees by a parent to the parent in custody of the child. Child Protection courts hear all cases of abused or neglected children.

Although all domestic relations claims must be filed in Room 802 of the Daley Center, Cook County splits its domestic relations courts by location of claimant. If the claim is being brought inside the City of Chicago, the case will take in the Daley Center located in downtown Chicago at 50 W. Washington. There are over 25 judges actively sitting in the Domestic Relations Division at the Daley Center. As a result, unlike many smaller counties, Cook County judges are not as likely to develop a familiarity and opinion on attorneys.

Suburban based domestic relations claims, while filed in the same division as Chicago claims, are routed to the sitting family law judge in that suburb’s district. As a result, this may result in a more localized atmosphere, with judges becoming accustomed to certain attorneys.

Child protection cases are heard at the Cook County Juvenile Court, which is located at 1100 S. Hamilton St. Although falling underneath family law, proceedings in these matters are generally filed for by state representatives. There are over 15 judges that hear child protection cases, of which there are many.

Child Support cases, which are filed at 28 N. Clark, are heard at the Parentage Court, which is located in downtown Chicago at 32. W. Randolph. This court is considerably smaller than domestic relations courts, as there are only 4 judges that hear cases in the Parentage Court.

Although Cook County has less of a tight knit legal community than other districts, in order to provide proper assistance in a family law cases, it is likely better to have an attorney that understands the atmosphere surrounding the courts and has some experience in front of specific judges. Additionally, in matters such as child support, the smaller number of judges makes an experienced attorney more likely to have developed a familiarity with specific judges.

Anyone going through a family law related legal matter should contact an experienced Cook County Family law attorney to ensure that they are represented to their most beneficial legal degree.

Lawyers – When You Don’t Need One

Monday, October 24th, 2011

Please note that this article is targeted to people who think they need an Illinois lawyer.

Many people think that they need an Illinois lawyer. Some do, but some people don’t need an Illinois lawyer, they need an attorney in another state or no lawyer at all. Here are 10 common examples that we have come across:

You are going through a divorce and although you were married in Illinois, neither you nor your spouse currently lives in Illinois. To file for divorce in Illinois, one of the parties must have lived there for at least the last 90 days. In other words, just because you were married in Chicago doesn’t mean that you are getting divorced in Cook County.

You live in Peoria, but your father who passed away was a resident of California. If you are looking for a probate lawyer, you would want to find one in California, preferably close to where your father lived.

The Secretary of State in Illinois just suspended your Illinois driver’s license because you were suspended in Ohio for drunk driving. In order to get your Illinois license reinstated you need to clear up your problems in Ohio first and should look for a lawyer there.

An individual from Florida scammed you on eBay or another internet website and owes you money. You are best served by seeking a lawyer where the person you need to sue is located, in this case Florida..

You had a back injury working as a laborer in Iowa, but live in Rock Island. You should not seek an Illinois workers compensation attorney unless you were hired in Illinois or your employment is based out of Illinois.

Although your employment is based out of Illinois, your non-compete agreement is subject to the laws of New Jersey where your company is based. Don’t hire an Illinois employment attorney, seek one in New Jersey.

Your child custody battle is currently filed in Michigan and the mom and your child live there. Not only would it not be a good idea to get an Illinois family law attorney- because they wouldn’t regularly appear before the Michigan judge who will be deciding this case -, you would also have to pay for the travel costs for your lawyer which would be thousands of dollars for every court appearance.

As the result of a car accident while on vacation in Texas, you broke your leg. The other driver was ticketed any you want to sue him. While an Illinois car accident attorney can negotiate on your behalf with an insurance company, they can’t file a lawsuit for you in Texas which is where the suit would have to be filed. As a result they will lose negotiation leverage and it might delay the time it takes to get a settlement.

You lent your friend in Chicago $400.00 and he hasn’t paid you back. While that case should be filed in Illinois, it wouldn’t be cost effective to hire a Chicago attorney over that amount of money. Go to the Daley Center and take your friend to small claims court.

After getting notice that your company was going to transfer you to Arizona, you bought a house in Tucson and you need someone to review the sales contract. Real estate lawyers in Illinois would not be familiar with Arizona laws. You need to seek an attorney there.

Contesting a Will in Illinois

Friday, October 21st, 2011

If you want to challenge a will in Illinois, you will need to prove one of the following to be successful. When a will is invalidated, the estate is distributed as if there was no will (state law determines who gets what).

The will was improperly created

In order to be valid, a will must be signed by two witnesses who are not receiving anything in the will. In addition, the person making the will must sign it in front of the witnesses, or the witnesses must otherwise confirm that the signature belongs to the person making the will. If these conditions are not met, the will is invalid.

The person making the will didn’t understand what they were doing

A will can be challenged on the basis that the person making the will did not have the mental capacity to understand what they were doing when they signed the will. For example, a person with dementia might not understand what they are signing.

The will was created by fraud

Sometimes, a will is created by someone else and passed off as the will of the deceased. This includes cases where someone forges the signature of the person supposedly making the will. In other cases, an individual is tricked into signing a will because they are told and believe that it is something else entirely.


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