Many of the blog posts we write are from questions that we get from readers and clients. Some of the questions we don’t blog about, but are still worth sharing. Here are some of the best questions we’ve received in recent months. If you have a question fill out our contact form or call us at 312-346-5320 to speak with an Illinois attorney for free.
I am being considered for a labor job that I really want. To help convince them to hire me, can I agree to waive my rights to workers comp if I get hurt?
By law this is not allowed and even if it was, it would be a terrible idea, especially for a laborer who is at a high risk of injury. Fortunately, Illinois law saves you from yourself in this situation.
Do I have a right to get my medical records from my doctor?
Yes, under Illinois law you are entitled to a copy.
How long does a civil lawsuit take?
That depends on the facts of the case and whether or not you and the other party can agree to a settlement. On average it seems to be 12-18 months, but more complex cases or those with many defendants can take much longer.
I own a business. How many people do I have to employ in order to have to have workers comp?
One. If you have any employees and don’t have workers comp insurance it’s a felony in Illinois.
How long do I have to contest a will?
The sooner the better, but in general it’s supposed to challenged in court within six months of the date that it is filed. A failure to do that could cause you to lose your rights.
How do I know if my case will really go to trial?
Good question. Honest answer is you never really know for sure. Many cases seem like they are headed that way for sure only to settle at the last minute. I can tell you that you can’t go to trial if your attorney doesn’t take all of the necessary steps required so if the case isn’t settling and seems to not be heading that way, they should absolutely proceed as if they are going to trial. Often doing that forces the other side to compromise. Even if you start a trial, it’s not unheard of for a case to settle before it’s over.
My attorney is 80. Is that too old or should I be happy to have someone that experienced?
It probably depends on the lawyer, but I’m really suspicious in general when an attorney is working at that age and question if their heart is in it, how much vacation they take, how sharp they are, etc.
My sister died without a will, isn’t married, has no kids and told me she wants me to get everything. My brother said that doesn’t matter. Who is right?
Unless there are parents who are alive, verbal wishes don’t matter and the surviving siblings will split everything equally.
I caught my wife cheating on me. I confronted her and she filed for divorce. Can I make her pay for it since it’s her fault.
Unfortunately no. Judges don’t care who is at fault for the divorce when it comes to paying for it. In fact, if you make a lot more than your spouse, you might have to pay for your lawyer and theirs too.
I was arrested and the charges were dismissed. Can I sue?
Can you? Yes. Will you win. That’s doubtful because the burden of proof to arrest someone is much different than that to convict someone. So people get arrested every day of things they are innocent of and things that they are found not guilty of. That alone doesn’t mean you have a case. If everyone who had charges dropped could sue, we’d have no court system because it would be bankrupt. I’m sure it sucks to have this happen to you, but it’s just the reality of how our criminal justice system works.
If you want to ask a lawyer a question for free, contact us any time.