Illinois Lawyer Referrals and Legal Guidance

Posts Tagged ‘Chicago’

An Illinois personal injury attorney you should run from

Thursday, March 18th, 2010

There is no such thing as the “best” personal injury lawyer in Chicago or Wheaton or Peoria or anywhere else in Illinois. You need to find out who the best is for your case. We can’t tell you who that is, but we can tell you a few things to watch out for and one to run from.

1. If you have a big injury where there is a well insured defendant, you are making a huge mistake if you don’t hire a law firm that can demonstrate a record of success. In other words, a firm that has handled hundreds of six and seven figure personal injury cases is much better for you than a lawyer who has only handled a handful of those.

2. If your personal injury attorney also was your divorce attorney and your speeding ticket attorney then you have hired a general practice law firm. They might be able to do a good job for you, but your best chance of the best result is someone who handles nothing but injury cases every day.

Now the one to run from.

3. If you have a personal injury lawsuit where there is a defendant with insurance, no attorney we recommend would ever ask their clients for a penny up front. If your attorney wants you to pay the lawsuit filing fee or for the medical records or for any other costs up front then you should find a new lawyer. Personal injury attorneys advance all of these costs and are reimbursed when the case is over. If your accident law firm can’t afford these minor expenses then they probably will be motivated to settle for an amount less than what your case is worth. Established attorneys would never do anything like this. Put on your Nike’s and run away.

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.

Tags: accident, Chicago, Illinois, personal inury
Posted in Injury Cases | Comments Off

Illinois family law attorneys- removing a child from the state

Thursday, January 28th, 2010

One of the most common calls we get is from a parent that wants to move out of state with a child or from a parent who is worried their ex will move out of state with a child.

Generally speaking, if you have been in court previously over custody, you are not supposed to permanently move a child without a court order that gives you permission to do so. If you want to leave the state you should file a motion. If your ex is threatening to leave you need to get in to court ASAP to block them.

Just as the court does in determining custody, a Judge will look at the best interests of the child in deciding whether or not to let someone leave. Five things are supposed to be considered:

(1) the likelihood that the proposed move will enhance the general quality of life for both the custodial parent and the children; (2) the motives of the custodial parent in seeking the move; (3) the motives of the non-custodial parent in resisting the removal; (4) the effect on the non-custodial parent’s visitation rights; and (5) whether a realistic and reasonable visitation schedule can be reached if removal is permitted.

If you wanting to leave, the state with your child you better have a plan. Where you will be moving, why there, where you will live, where the child will go to school, where will you work, what the support system will be and how the other parent’s rights will be met. You typically can’t just move to Arizona because you are sick of the weather. But if you have two siblings there and job then you are on the right path to winning your case.

Tags: Chicago, custody, Illinois, petition to remove
Posted in Illinois Family Law | Comments Off

A Chicago criminal defense lawyer’s advice on jurors

Tuesday, January 26th, 2010

Here is a guest post from a Chicago criminal defense attorney we know. It of course applies to criminal cases anywhere in Illinois.

Jurors come into the courtroom with their own prejudices and biases. While they are told time and time again that it’s their job to remain neutral, they are only human.

If you have been charged with a crime, you are going to be judged – in the minds of the jury – the moment you walk into the courtroom. They are wondering whether you are guilty. Don’t give them a reason to make a snap judgment based on your appearance. If you are wearing sloppy clothes or you look dirty or oddly dressed for the occasion, you run the risk of a juror thinking you are guilty before they hear even the first word from your attorney. While jurors are told to base their decisions on fact, and most will do their best, they won’t be able to completely forget their first impression.

I experienced this firsthand when I got called for jury duty recently. The defendant walked into the courtroom looking messy and unprepared. My first impression: guilty. I know the other jurors were probably thinking the same thing. I didn’t end up on the jury, and I knew I couldn’t make a decision without hearing the evidence, but it made me think about how often this happens.

Some have suggested using actors to read the testimony of the defendant and other people involved, rather than seeing them in the courtroom and listening to their answers firsthand. This may seem extreme, but it shows how serious some people believe this problem to be.

The bottom line is that it’s up to you, as the defendant, to guard against this reality. When it comes to your freedom, first impressions shouldn’t matter. But they do.

Tags: Chicago, Cook County, criminal defense, murder
Posted in Criminal Defense in Illinois | Comments Off

Illinois legal malpractice lawyers: It can be hard to find one, but it’s not impossible

Friday, January 22nd, 2010

If you’re looking for an attorney to sue to take on a legal malpractice case, you may be having a hard time. This is because (1) not a lot of lawyers practice in this area and (2) those who do are picky about the cases they take.

There aren’t tons of legal malpractice lawyers out there, and those who exist don’t always advertise it. Some are more focused on medical malpractice or personal injury. Some may be worried about damaging their reputation because they go after other lawyers. We’re not sure the second reason is a good one – if someone is harmed by the malpractice of a lawyer, there’s nothing wrong with seeking compensation.

Even if you find a lawyer who does legal malpractice, they may turn down your particular case. Attorneys who take legal malpractice cases do so on a contingency basis, meaning they only get paid if they win the case. This is why they are picky about the cases they take – they need to win the case in order to get paid and cover the costs of pursuing the case. (The costs are generally paid by your attorney upfront and they can be high.)

Legal malpractice cases are difficult to win because of what you have to prove. In order to succeed you have to prove that you would have won your original case if your attorney hadn’t been negligent. This is tough to do. You also have to show what you lost as a result. This can be easy in a car accident where you were seeking medical bills. But if it’s a custody case, how can you say what that is worth?

We know some excellent attorneys out there who take on legal malpractice cases. If you think you have a case, don’t give up. If you need a recommendation, give us a call. 1-800-517-1614.

Tags: Chicago, Illinois, lawsuit, legal malpractice
Posted in Litigation | Comments Off

Issues with child support, custody, visitation? Get into court

Tuesday, January 19th, 2010

Our advice in this area of law is often the same: Get into court. Without a court order, it’s hard to solve these problems. This is especially true if the parties disagree, can’t communicate, or just refuse to work together because the situation is so out of control.

If your ex-girlfriend won’t let you see your child, get into court. You need to establish paternity and ask for a visitation schedule. If your ex-husband agreed to pay support but then changed his mind, get into court. Without a support order, there is nothing for a judge to enforce. If you agreed to let your child spend the weekend with your ex-spouse and you can’t get them to bring your child back home, get into court. When you have a court order, you can call the police if there is a violation and hopefully get things straightened out quickly.

This really is your only option in most cases. It’s not always easy or cheap, but without judge’s order, you can’t force the other party to do anything. Even if you had an informal agreement that worked for years, you need a judge to sign off on it. Agreements reached outside of court don’t mean much at all.

We can’t guarantee that a court order will solve all of your problems, but it’s a good way to establish your rights and get things under control.

Tags: Chicago, child support, custody, divorce, paternity
Posted in Illinois Family Law | Comments Off

“Why can’t I find a Chicago medical malpractice lawyer?”

Monday, January 18th, 2010

This reasonable question came from a recent caller. It also has a reasonable answer. Attorneys don’t take every case that comes in the door, not even when it comes to medical malpractice. The myth is that these cases are worth a lot of money, however many of them aren’t worth much at all. Here are some reasons why.

Bad result, but no negligence

Just because you were injured while being treated by a doctor doesn’t mean you have a medical malpractice case. To be successful you need to prove negligence. This means that the healthcare provider fell below the standard of care. For example, if your doctor prescribed a medication and you had a severe allergic reaction, you may not have a case. Unless the doctor knew, or should have known, about your allergy, then they weren’t negligent and there probably isn’t any liability on their part. The same is true for side effects of a surgery, medication or other treatment. A bad side effect, even if it causes injury, isn’t necessarily negligence. This is generally true regardless of whether the doctor warned you about the particular side effect you experienced.

No significant, permanent injury

Take the same example above. Let’s say the doctor knew you were allergic, and it was written in your chart, but they gave you the medication anyway. If you have a severe reaction but later recover, you’ll have a hard time finding an attorney to take your case. Even if your reaction to the medication was life threatening, if it didn’t cause any permanent damage you probably shouldn’t waste your time suing. Medical malpractice cases are expensive for attorneys to pursue – they pay all the costs upfront, including fees for medical experts. So unless you have a significant and permanent injury, an attorney may turn down your case, even if the negligence is clear.

An elderly victim

Same example. Let’s say an 85-year-old man was suffering from an aggressive form of cancer. While in the hospital, the doctor prescribes a medicine despite a known and documented allergy. If the man dies as a result, many attorneys would turn down the case based on his age. Even though there was negligence, and the outcome was obviously permanent, you would have a hard time recovering much in damages. This is because the value of the case is low – you have an elderly man with a poor quality of life due to his serious illness. It’s sad and unfair, but it’s a reality in medical malpractice.

A lot goes into determining whether you have a medical malpractice case worth pursuing. You may not have a case, but don’t make an assumption. An experienced medical malpractice attorney is in the best position help you make such an important decision.

Tags: "medical malpractice", Chicago, wrongful death
Posted in Injury Cases | Comments Off

Topics

Archives

Recent Comments: