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Archive for January, 2012

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For Some Illinois Traffic Tickets, A Trip to Court is Unavoidable

Friday, January 20th, 2012

If you get a traffic ticket you may feel it is a minor matter, and not worth hiring an attorney.  But not all traffic tickets are created equal.  A relatively minor traffic violation will give you options that do not include court and you generally do not need a lawyer.  But others require you to appear in court, and defend the charge.  And the consequences if convicted can be significant.

The traffic violations that require court appearance are punishable by a fine, but they also can involve jail time in addition to a fine.  You can also risk losing your driver’s license if convicted, and needless to say, your insurance costs could skyrocket.  So even though it may be “just” traffic court, the risk of loss if convicted can be just as devastating as a conviction for other types of crimes.

Included in the category of traffic offenses where you must appear in court are:  driving without insurance, speeding between in excess of 30 mph over the limit, failing to yield to emergency vehicles (Scott’s law), DUI, driving on a suspended license, reckless driving, and more.

For these cases, it makes sense to go into court with an attorney to be sure you are getting the right advice on how to handle your situation.   Your ticket should indicate a court date at least 14 days from the date it was issued.  Speaking with an attorney well in advance of that date can give you the best chance to be prepared.

Missing the court date that was assigned can cause different actions to be taken against you, depending on what the charge is.  The consequences can include having a judgment of guilty entered against you, having your driver’s license suspended, or even having a warrant issued for your arrest if it was a misdemeanor traffic offense.  In any event, it is likely to cost you money in court fees to try to fix the damage that can be done by missing your court date.

When you are dealing with these types of traffic violations, the downside risk can be quite significant.  Preparing properly to defend your case can go a long way to protecting your future.

1/20/12

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Injury Lawsuits Have Deadlines

Thursday, January 19th, 2012

Every state has deadlines for filing personal injury lawsuits. The deadline – called a statute of limitations – depends on the type of case, who you’re suing and where you’re suing. The basic rule in Illinois is that you have two years to sue for an injury.

If you miss the deadline, you’re probably out of luck. However, there are exceptions that allow more time. Keep in mind that there also are situations where you may have less time to sue.

Illinois’ statute of limitations for injury cases is two years from the date of injury. Injury cases include car accidents, getting hurt on someone else’s property, slip and fall cases, and medical malpractice, to name a few. So if you slip and fall in a parking lot, you have two years from that day to sue the owner or whoever is in charge of the lot.

In some situations, you may not know you were injured until much later. A common example is the medical malpractice case where a surgical instrument is left inside the patient after surgery. You aren’t expected to know about this type of injury until you start experiencing symptoms or until you are diagnosed. So in these situations, the two years may not begin until you know (or should have known) about the injury. There is an outside deadline of four years in most medical malpractice cases, meaning that even if you didn’t know about the malpractice you still may run out of time to sue.

You may have less than two years to file an injury lawsuit if you are suing the government. You usually have to give notice of your intent to sue within six months or a year, and you may only have a year to file a lawsuit. This exception applies to cases against towns, police departments, public schools, etc.

The two-year statute of limitations may be extended if the injured person is a minor at the time of the injury. If you are under 18, you generally have two years from your 18th birthday to file a lawsuit. For medical malpractice, minors have an outside deadline of either (1) eight years from the date of malpractice or (2) their 22nd birthday.

The statute of limitations for an injury case also may be extended based on the mental state of the person suing. For example, lawsuits based on sexual abuse can be filed long after the abuse occurred if the memories were suppressed during that time. You also may have more time if you suffer from mental illness.

Keep these deadlines in mind if you are considering suing for an injury. If you have questions, talk to an experienced personal injury attorney – there may be an exception that applies to your case.

1/19/12

To learn more visit, http://www.findgreatlawyers.com/statutelimits-personalinjury.htm

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5 Facts For Getting Paid Your Commissions in Illinois

Wednesday, January 18th, 2012

For those whose jobs involve working hard to make a sale in order to make money, you know how you count on your commission checks.  But do you know what your rights are when it comes to collecting those commissions?  These are frequent questions we get from employees involved in sales.  Illinois law has protections for sales employees. Here are some facts to know about collecting sales commissions.

1.  Who is protected by Illinois’ laws on sales representative’s commissions?

The law covers workers that are independent contractors and not employees of the company.  This includes workers that are basically controlling the way they cover a particular area of sales for their employer.  They are paid a commission on their sales, which means that a percentage of the total sales or profits they bring in gets paid to them.

2.  When are my commissions supposed to be paid while I’m still working for the company?

Commission payments are more complicated than other compensation, because usually your commissions are not owed to you right after you make the sale, but they have to wait until the customer pays and the transaction is complete.   Illinois law sets out rules for paying commission to sales reps during the course of their job.

If you have a contract that specifies when commissions should be paid, then those contract provisions govern the payment.  If there is no contract provision for commission payments, then you can look to the way the company has handled commissions with you and others in the past.  If there is no past history with the company that can guide the commission payments, then industry standards for your type of sales business in the state of Illinois should guide when you should be paid.

3.  If I have been fired, how long does the company have to pay me the commissions I have already earned?

Your final commission check unfortunately cannot always be paid to you at the time of your termination, because you likely still have sales that are finalizing and commissions therefore that are not due yet.  But for those commissions that have come due when you are terminated, the company has 13 days from that date to get you your money.  For the commissions that have not finalized and come due at the time of your termination, the company has 13 days from when the commissions become due and owing to you.

4.  What happens if I have not gotten my commission payments and they are past due?

Illinois law protects sales representatives from not getting paid what they are owed in commissions.  The law also tries to discourage companies from firing workers before their commissions are due and not paying them.  Companies that don’t follow the rules for paying commissions can be required to pay you your attorneys’ fees and costs in trying to collect your payments, in addition to what you’re already owed.  Also, the company can be assessed other penalties that they have to pay, if their actions warrant.  The message is clear that it can be more expensive not to pay you, then to pay you properly in the first place.

5.  My employer wants me to agree that these rules do not apply to my commission payments.  Is this allowed?

No, the law itself says that any attempt to have you sign away your rights to be protected under the sales representative laws will not hold up.  You cannot sign a contract that keeps you from being paid the commissions that you are entitled to, in a timely way.

1/18/12

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Dog Bite Lawyers

Tuesday, January 17th, 2012

If you have been bitten, scratched or in any other way injured by someone else’s dog, you may be able to recover for your injuries by filing a lawsuit. This includes compensation for such expenses as medical bills, future medical bills, medication, lost wages, torn clothing or broken glasses, disfigurement and pain and suffering. Also, if your own pet was injured or killed in the attack, you may be able to recover for that as well.

First, however, if you have been hurt in any way by a dog, you should seek medical treatment. You should then notify police and obtain a completed police report. Also, be sure to maintain several, clear and close up photos and videos of your injury. The Illinois Animal Control Act protects victims of dog-related injuries by holding the dog owner liable. You do not have to show that the owner was doing anything wrong at the time of the attack or was negligent in any way. You do not have to show that dog had a history of aggression – unlike the old “one free bite” rule, which essentially stated that every dog gets ‘one free bite’ before it is considered to be aggressive and the owner on notice.

What you do have to show in order to recover damages for your injuries is the following: That the person you are suing owns the dog; That you were conducting yourself in a peaceable manner and did not provoke the dog in any way; That you had a legal right to be where you were when the attack occurred – in other words, you weren’t trespassing at the time.

Oftentimes, victims of dog bites are reluctant to file a lawsuit against a family member, friend or neighbor. However, the owner’s property insurance typically covers this type of liability and so you will not be dealing directly with your family member, friend or neighbor but rather with their insurance company. Therefore, it is highly recommended that you hire an experienced personal injury attorney to represent you. The insurance company’s goal is to pay as little as possible and they are seasoned negotiators. Your attorney will have the experience to negotiate with them and ensure that you are adequately compensated for your injuries.

It is also highly recommended that you act quickly and file on time – within two years of your injury – otherwise, your claim may be barred. Again, your attorney will advise you on all deadlines. Personal injury attorneys, including those who handle dog bite cases, work on a contingency basis. That means that you pay your attorney out of whatever you recover. If you recover nothing, then you owe nothing to your attorney.

1/17/12

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

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What is My Injury Case Worth?

Monday, January 16th, 2012

Ask any Illinois injury lawyer what your case is worth, and they will tell you “it depends.” It can be frustrating to hear, but it’s true. There are so many details in every case, and each one can affect the value. Not only are these details specific to each person and each injury, but they often change as your case goes along.

However, there are some specific factors that will give you an idea of how Illinois lawyers, juries and insurance companies put a value on your injury. Here are ten things to consider:

1. The injury. Generally speaking, a more severe injury is worth more. However, it also depends on how permanent your injury is, what the recovery is like and how it will affect your lifestyle. Will it prevent you from doing things you enjoy, such as a sport? Or, will it prevent you from doing basic things like driving? How does it affect your job, or your relationships with your family?

2. The defendant. Your case may be worth more if the defendant has more money or a better insurance policy. The value of your case may depend on whether the defendant is an individual, the government or a corporation. If the defendant has no money at all, an otherwise high-value case may be worth nothing in reality.

3. Financial loss. It’s typical to ask for reimbursement for lost wages (if you missed work because of your injury and recovery) and medical bills. Reimbursement for other things, such as property damage, is also possible. For example, you can ask for additional money if your car is damaged or totaled. How much you lost financially will affect the value of your case. This is perhaps the easiest category to put a dollar amount on, because it’s fairly straightforward.

4. Occupation. If your injury affects your ability to do your job, you can ask to be compensated for this. If you have to work at a lesser-paying job in the future because of your injury, or if you cannot work at all anymore, you may be able to recover the difference. So the value of the case depends on how much you earn and how much your earning potential is affected by your injury.

5. Pain and suffering. This can be one of the biggest mysteries in terms of putting a value on your case. Your pain and suffering may be very different from the next person’s, even if your injuries are identical. It can involve age, occupation, lifestyle and even your tolerance for pain. All of these things differ from one person to the next.

6. Punitive damages. In some Illinois cases, you can get what is called “punitive damages.” If the injury was caused by the malicious behavior of the defendant – not just negligence – then the value of your case may include punitive damages. This is an amount above and beyond your financial loss or pain and suffering. Punitive damages can be added on to punish the defendant for their actions.

7. Location. Generally, cases are worth more in big cities. The same exact case may be worth a lot in Chicago and much less in a small town downstate. So location matters.

8. Attorney. Different attorneys and firms have different strategies, as well as different levels of success in negotiating with insurance companies or convincing juries. There are many, many personal injury attorneys in Illinois, and the attorney you choose may affect the value of your case.

9. Evidence. If you have clear evidence that the defendant caused your injury, and clear evidence about the type of injury and how it affects your life, you have a stronger case. Expert witnesses may be used to prove how much you have lost by not being able to work, or how much you will lose – in terms of income – in the future. Experts also may be used to determine pain and suffering. The quality of these witnesses can affect how much your case is worth.

10. Who gets to decide. A case may be worth one amount if it goes before a jury and an entirely different amount if it’s settled out of court. Sometimes, people settle for a smaller amount than they may be able to get at trial because it’s guaranteed. Letting the jury decide is a gamble – it might result in a much larger award, or much smaller. If you go to trial, it will depend on how the jury feels about you and the other side. If they sympathize with you, your case may be worth more. The strategy of a case – as well as its value – can change at any time.

1/16/12

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

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Splitting a Retirement Plan After Divorce

Friday, January 13th, 2012

If you are going through a divorce and splitting assets, you are probably focusing on the most apparent items, such as your house, car, bank accounts. But, have you thought about your retirement plans, such as 401(k)s, IRAs and pensions? If a spouse acquired any of these items during the marriage, then it is considered “marital property” in Illinois and is to be divided equitably. That is where a QDRO comes in.

What is a QDRO?

QDRO (typically pronounced “quadro”) stands for Qualified Domestic Relations Order and is a legal document that divides a retirement plan between two spouses at the time of divorce. It is a separate document from a marital settlement agreement.

In Illinois, retirement plans acquired by a spouse during the marriage are considered “marital property” and are to be divided equitably. This means that if any of portion of the retirement plan was acquired before the marriage, that portion is likely to be considered separate property and can be retained by the spouse who acquired it before the marriage.

What a QDRO does is direct the retirement plan administrator to create two separate accounts (one for each spouse) with the ‘gaining’ spouse having complete control over their new account with the same rights to the account as the former spouse has to their own.

Then, the retirement plan assets are divided. Assets with known values, such as a 401(k) plan are easier to divide whereas a pension – which has a value in the future like $1000 per month starting at age 65 – is not as easy to divide and may require the retention of an expert.

When should you draft and sign the QDRO?

It is highly recommended that you have the QDRO drafted and signed by the judge at the time of the divorce. This may require extra work on the part of your attorney, including calling in financial and accounting experts but it is the recommended course of action.

Oftentimes a marital settlement agreement will state that the retirement plan is to be “divided equally” but there is no accompanying QDRO outlining the specifics. The problem with this is that after the divorce is finalized and a QDRO is then prepared, you run the risk of learning that some of your retirement assets are the type that cannot be split. This changes the dynamics and possibly what you would have agreed to in the divorce. It is best to address these issues at the time of the divorce before it is too late. So, finalizing the QDRO post-divorce only racks up further attorneys’ fees and the possibility of retirement plan assets not being divided properly.

Is a QDRO my only option?

A QDRO is not the only mechanism for splitting retirement plan assets. Instead of drafting a QDRO, you can value the retirement plan assets and then the spouse without the retirement account can have property of the same value, such as real estate, investments or other assets, to compensate him or her. This is called the “offset” option.

Now what?

The above options may sound extremely simple but they are not. Valuing assets, particularly those in a retirement plan, can be a complicated endeavor with a number of factors to consider, such as future value, fees and penalties, etc.

Whichever option is ultimately right for you can only be determined by careful consultation with your attorney and accountant. A QDRO must be carefully drafted to cover all possible future scenarios, such as death before retirement age, for instance. It is worth the time and effort now so that you are not left undercompensated in the future.

1/13/12

Call us. We are free and we are confidential. No matter where you are in the process, even if you are already divorced and only now considering a QDRO, we will listen to your situation and point you to the right attorney for you. 

To learn more visit, http://www.findgreatlawyers.com/Illinois-QDRO-lawyer.htm

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Personal Injury – Avoiding Ambulance Chasers

Thursday, January 12th, 2012

You’ve probably heard the term “ambulance chaser.” It refers to an attorney who approaches an injured person – at their home, at the hospital, even at the scene of an accident – and offers to represent them if they decide to sue. Basically, these attorneys take advantage of someone in a crisis.

For obvious reasons, this is considered an unethical way to get clients. Most attorneys wouldn’t do anything even remotely close to ambulance chasing. However, not all attorneys are ethical. Some will prey on an injured or distressed person if they think it will bring in some good business.

Ambulance chasing happens. It’s not limited to those attorneys who are desperate for work – it happens with big firms as well. Some of these attorneys follow the news looking for potential clients to approach. There are some who show up at hospitals looking for clients, or pay hospital staffers to tip them off on a good case. Some have relationships with police officers who will hand out their business cards.

In addition to being unethical, this approach can lead to unethical and insufficient representation. If an attorney is willing to act unethically to get your business, then they may be willing to act unethically once you’re a client. And it may cost you your case.

In our opinion, an attorney should be looking out for the best interests of their clients at all times. They should treat clients with respect and never take advantage of someone’s misfortune. And they should act ethically in every aspect of your case. We only recommend attorneys who meet these criteria.

1/12/12

If you need help finding an experienced, successful and honest attorney, please contact us. To learn more visit http://www.findgreatlawyers.com/0CarAccidents.htm.

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