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Lawsuits against the CTA

May 7th, 2012

The Chicago Transit Authority (CTA) operates busses and commuter trains (the ‘L’) in the City of Chicago and nearby suburbs. A lawsuit against the CTA is different from a lawsuit against a person or a private business. The CTA is a government agency that provides public transportation. Lawsuits against government entities have their own challenges and differences.

The CTA is the second largest public transportation system in the country. CTA injuries can caused by bus accidents, train accidents, sudden stops, falling as you exit a train or get off a bus, pedestrian accidents, falling on CTA property, etc. In most injury cases, a lawsuit generally isn’t worth it unless the injury is serious; the same is true for public transit injuries. You’re suing for money, and if your injury isn’t permanent or your medical bills aren’t large, then it would probably cost more to pursue the case than the case is worth in the first place.

If you do have a serious injury, don’t delay. The fact that the CTA is a government agency shortens the amount of time you have to file a lawsuit. In the majority of personal injury cases, the statute of limitations is two years from the date of injury. When suing a government agency in Illinois, the deadline is only one year from the date of injury, which means you have just one year to file a lawsuit. If you miss the deadline, your case can be thrown out and you can be barred from ever trying again.

In order to be successful, you’ll have to prove that the CTA breached its duty of care. The CTA has an obligation to make its trains and busses safe, make sure it’s property is maintained and doesn’t become dangerous from disrepair, properly train its employees, etc. You have to prove that you were injured and that the CTA is at fault because of something it did or didn’t do.

It’s important to note that the law used to require individuals to give the CTA notice if they were planning to sue, and that notice had to be given within six months of the date of injury. It was an extremely short deadline, with serious consequences. If you failed to give notice – not only in the right time frame but in the right manner – your case was barred. Many legitimate cases were thrown out because of this rule. The requirement was set by law and the courts had to follow. In 2009, however, the notice law was repealed. For injuries June 1, 2009, and after, there is no six-month notice requirement.

When looking for an attorney for your CTA injury case, we recommend finding someone with experience going up against government agencies, particularly the CTA. It won’t guarantee success, but having an attorney with a track record of success in similar cases will give you the best chance.

If you or a family member has been injured in a public transportation accident, feel free to contact one of our attorneys. Our goal is to answer your questions honestly and in a way that makes sense. You can fill out our contact us form online, or call us at 312-346-5320. All calls and e-mails are completely confidential.

5/7/12

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The judge can weigh in on plea bargaining

May 4th, 2012

When you enter into plea bargain negotiations, you are considering pleading guilty to the charges (perhaps reduced charges), in exchange for a lesser sentence. You also are waiving your right to a trial. It might seem strange that a judge would be involved in a discussion where you’re trying to work out a deal with the prosecutor, but in Illinois it’s allowed.

A judge can participate in plea bargain discussions in a very specific way, and it’s called a 402 conference. The judge is involved for the purpose of sharing his or her opinion on sentencing, based on what both sides present about the charges against you and any aggravating or mitigating factors (if you allow these to be discussed with the judge). All parties must agree to a 402 conference – the prosecutor, the defense attorney, the judge, and of course, the defendant. A judge is not allowed to initiate plea discussions.

If a plea deal is reached in a 402 conference, and the judge approves, you have the benefit of certainty. In any plea deal situation, the judge has to approve the agreement between the defendant and the prosecution. Having a 402 conference allows you to hear – right from the judge – whether approval will be given. If you don’t have a 402 conference, there is the possibility that the judge will reject your plea deal. It’s not likely, but it can happen.

It’s important to know that you never have to accept a plea bargain. When you do, you are agreeing to plead guilty in exchange for leniency, and you are agreeing not to have a trial. You always have the right to plead not guilty when charged with a crime. Talk to your defense attorney about all your options. They certainly are allowed to advise you on what they think is your best bet, but they should not be making the final decision.

5/4/12

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If you’ve earned vacation time, you should get paid for it

May 3rd, 2012

Disputes over vacation pay – at termination – are common. Once you tell your boss that you’re quitting, and things can get awkward and there can be hard feelings. They might not be happy about replacing you, which costs money and takes time. Or maybe you got fired on the spot, and you haven’t had any contact with your employer since. Either way, it’s no surprise that your employer wants your final paycheck to be as small as possible.

Despite how you feel, it’s important to think about the benefits you have earned, including paid vacation. If your employer offers it, and you have some built up, the law says they have to pay you for it when you leave. This is true even if you’re fired.

The amount that you’ve accrued depends on your employer’s policy. Some employees earn it all at once; others earn it as time goes by. The point is that if they offer it, and you earn it according to their policy, then it’s yours. If your employer doesn’t offer paid vacation, which is fine, then this doesn’t apply.

Your employer is not allowed to have a policy that says you lose your vacation upon termination.

When there is disagreement, your best bet is to have a copy of the written vacation policy. If you don’t, you can try relying on general practice and what they’ve tended to do in the past, but your case won’t be as strong.

The law says that you should get your final pay check “at separation,” which generally means on your last day. An employer can get away with waiting until the next scheduled pay day, but that’s the limit. If you make a written request that your final check be mailed to you, then your employer must do so.

If you are owed a final paycheck, unused earned vacation, or both, you might have to work to get it. It’s unfortunate, because you have earned this pay by doing work for the benefit of your employer. But if your employment ends on bad terms, you might have to consider legal action. This doesn’t necessarily mean a long, dramatic lawsuit, but you can file a claim against your employer for what you’re owed.

5/3/12

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If you die without a will in Illinois…

May 2nd, 2012

There is a very specific set of rules that the court will apply in distributing your property and assets. It may or may not be what you wanted. Since you’ll be gone, there’s no way to know exactly what you wanted, which is the main reason to create a valid will during your lifetime.

Here’s what will happen:

-       If you have a spouse and no children, then it’s the simplest situation. All of your property will go to your spouse. Again, this may or may not be what you wanted.

-       If you have a spouse and kids, then your spouse gets half and your kids get half. The kid half gets divided among them equally. If you were predeceased by one of your children (a child passed away while you were still alive), then that child’s share is given to his or her children (your grandchildren), if there are any.

-       If you have no spouse, but you do have kids, your estate will be divided among them equally. Again, if one of them passed away while you were still alive, that share is given to their children (your grandchildren), if any.

-       If you have no spouse and no kids, then the law gives your estate to your parents and siblings. Everyone gets an equal share, although if you have just one living parent, then that parent gets both parental shares (basically a double share). For example, if your parents are still living and you have two siblings, then your estate is divided into fourths.

-       If you have no spouse, children, parents or siblings, the law says that your grandparents get your estate, if they are living. If not, then it goes to their children and grandchildren, which are your aunts, uncles and cousins.

The law basically prioritizes blood relatives and goes down the list (there is no distinction between full-blood and half-blood relatives). If no living relatives can be found anywhere, only then do the county and/or state “take” your property.

The bottom line is that although these laws may match up with your wishes, it’s still better to make a will. It’s more accurate, more efficient and more reliable. Just don’t make one of those internet wills. Everyone’s assets are different and everyone’s family situation is different. Using a one-size-fits-all will is likely cheaper, but it can cause issues for your family after you’re gone.

5/2/12

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The Best Thing You Have Going In Your Case Is You

May 1st, 2012

If you are forced in to a situation where you have to hire an attorney, I can guarantee you two things; no one cares about the end result more than you do and there is no one who will know more about your case than you.  It sounds obvious, but I was reminded lately why this is so important.

We referred out a nice gentleman whose loved one died after an error with a pic line that was installed in her chest at a hospital.  He had been by her side the entire time and knew everything that happened during her care.  In Illinois medical malpractice lawsuits, you gather medical records and send them to an expert to review in order to determine if negligence occurred.  It’s very odd in a way because basically you are relying on the hospital or facility that you will be suing to provide you with the evidence that will make your case.  Clearly they have a motivation to leave out facts that could hurt their case and they often do.

In this case, the malpractice attorney in Chicago that I referred the case to had a renowned specialist review the records and he couldn’t say that negligence occurred.  Usually that means the end of the road for a case, but this client was determined.   He reviewed the report of the expert and the hospital report and noted that they left out many facts.  He put together a report of what was missing along with some proof of it.  This changed the expert’s opinion and led to the law firm filing a lawsuit after they had told the client no.  I have literally never seen this happen before.

The whole story proves the point that no one does know your case or care about it compared to you.  Sometimes medical records don’t tell the whole story and this organized man was able to fill in the gaps.

When people ask me how they can help their case, I tell them that the best thing for a lawyer is having a written summary of what happened.  You don’t include your emotions in that summary (e.g. don’t tell your lawyer how upset you were with how you were treated), but instead focus on facts which usually means that on a certain date this is what happened.  When you do that you can help your lawyer really understand what happened and it shows how much you care about getting the best result possible.  And sometimes it turns a case from a loser in to a winner.

5/1/12

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“Who is the best medical malpractice attorney in Chicago?”

April 30th, 2012

We are lawyers whose goal is to help you find the right lawyer for your unique situation.  We don’t represent you, but rather make a recommendation to an independent law firm that we feel is a good fit for what you are dealing with.

As a result, many visitors to our website will ask something like, “Who is the top Chicago medical malpractice law firm?”  The answer is that there is none.  Instead, you need to find out which firm is best for you.  The law firm that may have been a great fit for your co-worker could be a terrible choice for your case.

This of course is difficult to figure out which is why people come to us.  We have a state wide network of experienced lawyers that have a track record of success.  Who we suggest is based on learning about your claim.  Some items we consider include:

-         What is the underlying injury about?  Some malpractice law firms have a great track record with failure to diagnose cancer claims.  Others have set records on suing over un-treated blood clots.  Still others have amazing relationships with the best doctors to testify on birth injury claims.  This is hugely important to consider.

-         What county is the case in?  There are some law firms that will not file a lawsuit for med mal in a downstate county no matter how bad the negligence was.  This is because the track record of juries favoring doctors in rural areas makes a claim very difficult.  There is no point taking your case to one of these firms.

-         Do they have the funds to finance your case?  On average, a malpractice lawsuit costs $100,000 to get through trial.  While there are a lot of law firms that would like to bring these cases, the reality is that most can’t afford to front the money needed.  So some ask the client to pay and others cut corners.  We never recommend those firms.

-         Does it appear that your case would have to go trial?  That can be hard to tell at the beginning and most cases are fought tooth and nail by the insurance companies.  But if a law firm can’t demonstrate recent trial success then they are not right for you.  If the insurance company knows your lawyer won’t fight the case at trial, they will use that to lower the settlement value.

-         How close to the statute of limitations deadline is your case.  Many firms won’t touch a case that is approaching the time limits because on average it takes six months to investigate whether or not there even is a case.  We know the firms that will work under a tight deadline if need be.

-         Is there anything unique about you?  Some clients prefer female attorneys.  Others want a lawyer that speaks Spanish.  Still others want to hire a  law firm that will make a home visit.  Not every firm has these capabilities.  You are the client and if there is something that will make the case easier for you, you should look for it.

There certainly is no one thing that makes a law firm the best.  It’s always about what is best for you.  When it comes to medical malpractice in Illinois, there really are only around 10-15 law firms that have the track record of success that we believe most cases deserve along with the financial backing to bring a case all the way.  If you want our help in finding one for you, please contact us at any time.

4/30/12

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Some Days This Job Is The Greatest

April 27th, 2012

For 11+ years, I’ve been answering Illinois legal questions for free and helping people find the right attorney for their situation.  What I like about it is that every day is different because I’ll talk to anyone about anything.  Some days are really frustrating because I will get calls from people that I can’t help, usually it’s those that are looking for a free lawyer for a divorce or something like that.  But there are fortunately tens of thousands of others that we have helped and every now and then it makes a huge difference.

I thought of this when I got a call from a Chicago DCFS attorney.  I had referred him a case of a family that had all of their children taken away after one of them passed away.  The death was an accident, but DCFS is a ruthless organization and they run roughshod over many people.  It took more than a year, but this attorney was able to get the kids back with their parents and they of course are over the moon happy.

The next day I received a call from a Chicago medical malpractice lawyer.  The good news was that he settled a case we referred for almost $2 million.  The better news is that this case is leading to a major change in how the hospital at fault handles patients with blood clots.  It was so rewarding to me because this change would not have happened had this lawsuit not been brought forward.

Like most of my classmates, I went to law school hoping that I could use my degree to make some sort of difference for people.  The reality is that most lawyers have jobs where you can’t do that.  I’m one of the lucky ones and on some days I get news like these stories that makes everything we do worth while.

4/27/12

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