We get so many great questions from people who are looking for an Illinois attorney to speak to for free. Some of those questions we turn into a blog post. Others we save up and put in one big post every few months. Here are some of the interesting questions we’ve received recently. If you have a question you can call us any time at 312-346-5320.
What is the lawyer fee on medical malpractice lawsuits in Illinois? Is it different for trial vs. settlements?
It’s 1/3 of what is recovered. That is an Illinois state law. An attorney can’t charge you more if the case goes to trial.
Can I get more alimony if my spouse cheated?
Illinois is a no fault divorce state. While sub-consciously a Judge might think about awful things your spouse did like cheating, there is no law that punishes them for doing it and it certainly won’t increase your maintenance (alimony).
Is it true you can’t expunge a felony?
No, this is not true. In Illinois, you can expunge or seal some felony convictions, but not all. You may be eligible to expunge or seal a Class 4 felony conviction if it is your first offense and you have completed all the terms of your sentence. You may also be eligible to expunge or seal certain non-violent Class 3 and Class 4 felony convictions. More serious violent crimes typically can not be expunged. Every case is different and you should call to see if you are eligible. Note that if you were charged, but not convicted, that arrest can be expunged or sealed.
I got fired with no warning or notice. Is that legal?
Assuming you aren’t in a union or don’t have an employment contract, the answer is yes. Illinois is an at will employment state which means you can be let go any time, for any reason, without warning, unless it’s for an illegal reason. Unfair or unjust isn’t illegal.
I’m worried I’m going to get fired. If that happens does my company have to give me a severance?
They don’t. It happens often for good will and to get you to waive your rights to sue them for anything. But it’s not required by law. That said, if there’s any indication that you are being let go illegally, we often can get one for you.
If I’m worried about treatment of my grandma in a nursing home, but she’s not injured, is there anything I can do?
Yes. Call the Illinois Department on Aging. They will investigate bad treatment in those care facilities.
Why can’t I be defended on a contingency basis? What if I win the case and get sanctions or lawyer fees awarded to me?
This doesn’t happen because there’s no realistic expectation that you are going to be recovering money when you are being sued.
Is it legal to spank my kids?
It’s not and why would you want to do that? It’s physical child abuse. You are a giant person to them. You might think it’s a good idea because it happened to you, but I promise you it’s not. And it could lead to a DCFS investigation and/or criminal charges.