Many personal injury lawsuits never go to trial and are instead settled outside of court. If you have been injured in Illinois, personal injury lawyers can help you determine the best course of action and assist in answering any legal questions . Receiving an offer does not mean your case does not merit a trial. Also, if you decide to settle, remember you do not have to accept the first offer proposed. Knowing whether to accept a settlement or pursue a trial can be a difficult decision. A Chicago personal injury attorney can help you evaluate all possible options.
To determine the best advantage you have, Illinois personal injury lawyers will often ask questions regarding your injury. For example, how much has the injury already cost? Include lost wages and all medical expenses in this calculation. These costs should always be included in a settlement offer. Do your best to calculate how much the injury will cost you in the future. Include social and emotional damage, and consider all aspects of how the injury will affect your life. Putting a dollar amount on future physical and emotional trauma can be difficult. Chicago personal injury attorneys with prior experience can use their knowledge from past cases to help you determine an appropriate monetary amount.
The next step after calculating past and future amounts is to consider the minimum amount you would be willing to accept in a settlement. Keep in mind, some of the settlement amount will go to legal fees and expenses. Taxes will also need to be paid. If you are given an offer, consider all costs involved. Often times when the first offer is rejected, a higher offer follows. Illinois personal injury lawyers can help you determine if the offer is too low and if justice would best be served through a jury.
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As the nationwide financial crisis worsens, consumers need to take precautions to avoid being a victim of consumer fraud. Illinois personal injury lawyers have seen an increase in consumers being taken advantage of. From scams to debt collection abuse, consumers today need to protect themselves more than ever.
Many people are not sure when it is time to contact a Chicago personal injury attorney. The following examples highlight a few issues that can warrant legal action:
- Telemarketing Fraud
- Small Claims Court Counseling
- Receiving a Notice of an Arbitration
- Consumer Scams
- Living Trust Scams
- A Crack is Discovered in Your Home’s Foundation
- Receiving a Foreclosure Notice
- Fair Debt Collection Violations (See the Previous Post)
- A Creditor or Debt Collector Files a Suit Against You
- Your Vehicle is Repossessed
- You Have Been Injured Due to a Defective Product
- Vehicle Warranty Disputes
These examples only highlight a few examples of grounds to take legal action. Consumer fraud and issues can be vary greatly. How do you know if your case needs representation or advice? Illinois personal injury lawyers can help you determine whether to pursue legal action.
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In the last post, one of our Chicago personal injury attorneys gave information on disputing debt under the Fair Debt Collection Practices Act. The debt verification process is designed to provide you with accurate information regarding your debt so that you can make a decision on how to proceed. This post will continue the previous discussion and detail specific steps to follow if you choose to dispute a debt.
Illinois personal injury lawyers recommend sending a written dispute to the debt collection agency within thirty days of receiving written notice of debt. As discussed previously, debt collectors by law must stop all collection activities until you receive verification of the debt. Keep a copy of all written documents. If you can, send the letter via certified mail with a return receipt requested for proof the debt collector received it.
You must dispute the debt through writing. You can attempt to dispute a debt by phone but the debt collector can continue to conduct debt collection activities. Verification of debt does not have to take place until a written notice is received. Chicago personal injury attorneys stress the importance of disputing debt in a timely manner. Debt collectors do not have to verify debt if written notice is not received in thirty days. If more than thirty days has passed but you have strong evidence, you may still dispute the debt. Include copies of all supporting evidence.
Debt collectors cannot try to collect debt if they know you do not owe the money. In addition, the FDCPA prohibits any false statements about the character, legal status, or amount of your debt by debt collectors. According to Illinois personal injury lawyers, debt collectors cannot report any disputed debt to a credit reporting agency until it has been verified. If a debt collector reports a debt that it knows is false, it is a direct violation of the Fair Credit Reporting Act and the FDCPA. Contact a Chicago personal injury attorney with specialization in consumer affairs if you believe your consumer rights have been violated.
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In this series of posts, Illinois personal injury lawyers have been discussing consumer rights, consumer law and unfair debt collection practices. This post will detail your rights to dispute debt under the Fair Debt Collection Practices Act (FDCPA).
According to a Chicago personal injury attorney, once you dispute a debt, the debt collector has to cease all debt collection activities until it can prove you actually owe the debt. If proof cannot be provided, the debt collector cannot contact you in the future. If proof is provided you will have a better chance at determining a plan of action.
Under the FDCPA you have three main rights. These components include the right to be notified of the debt, contest the debt and to verify the debt. Time limits exist in these rights in Illinois. Personal injury lawyers with experience in consumer law can offer advice on how to proceed legally.
Debt collectors must send you a letter telling you the name of the creditor, the amount of debt owed and information about steps you can take if you feel a mistake has been made. They have five days after first contacting you to send this letter. You have up to thirty days to dispute the debt.
If you dispute the debt, you must send a letter to the debt collector and request the name and contact information of the creditor. The debt collector by law must verify the debt before pursuing any debt collection activities. Once the debt collector has verified the information, he or she must give you enough information for you to tell if you actually owe it. According to a Chicago personal injury attorney, the verification should include the debt amount, the date of the debt and contact information for the creditor. If you dispute the debt under the grounds of identity theft, the verification needs to include a signed original copy. If you are disputing the debt amount, information must include payments made, and any interest or fees charged.
If you live in the state of Illinois, personal injury lawyers can help protect your rights under the FDCPA. Debt collectors must follow the guidelines established under the FDCPA. Contact a Chicago personal injury attorney immediately if you feel your consumer rights have been violated.
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In Chicago, personal injury attorneys often represent consumers who have been the victim of Fair Debt Collection Practices Act violations. Debt collectors are often found guilty of conducting abusive or unfair practices and using harassing, abusive, false or misleading statements. The FDCPA was created to help protect consumers from unlawful debt collection practices. Illinois personal injury lawyers with experience in consumer law can help ensure your rights are fully protected.
The following statements are common violations of the FDCPA used by debt collectors:
- Threatening to have you jailed or arrested
- Using profane language
- Threatening to take any protected income or household items
- Threatening to cause any injury to you or your property
- Making any threats to scare you or instill fear
- Threatening to send credit reporting agencies any false information
- Misrepresenting the amount, legal status or character of your debt
- Pretending to work for a government or credit reporting agency
- Claiming to be an attorney or sending you fake legal papers
- Contacting you repeatedly with the intent to abuse, harass or annoy you
- Contacting you after you have sent a cease letter
- Contacting you in any way that would allow a third party to know they are a debt collector
- Collecting fees, expenses, charges or interest that were not authorized by the original payment agreement
Any of these practices are a direct violation of the Fair Debt Collection Practices Act. If you live in Chicago, personal injury attorneys can provide legal assistance and help protect you from debt collector harassment. Debt collectors have many strategies to collect money. Stay strong and know your rights.
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The unstable economy has caused in increase in the desire for individuals to protect their credit rating. In Illinois, personal injury lawyers with experience in Consumer Law advocate for consumer rights. They frequently rely on the provisions of the Fair Credit Reporting Act (FCRA) to protect and provide justice for individuals who have been subject to violations of the FCRA.
The Fair Credit Reporting Act (FCRA) was originally passed to protect consumer’s privacy and accuracy of credit reports. Violations of the FCRA commonly occur and can be grounds for legal action. If you feel you have been the victim of any of the following violations, contact a Chicago personal injury attorney immediately.
Deletion of Improper Information: Any debt older than seven years or bankruptcies older than ten years must be deleted. Credit reporting agencies must maintain current accurate information. If any information reappears after being removed, it is a direct violation of the Fair Credit Reporting Act.
Unauthorized Use: The FCRA has limitations on when consumer reports can be requested. Collection agencies may access consumer reports when attempting to collect a debt. Court orders, written approval by the consumer, extension of credit, insurance applications or any other business matter can be a lawful reason to request a consumer report. If the report is accessed for litigation or a political rival, it is a direct violation.
Consumers have a right to be treated fairly under the Fair Credit Reporting Act. If you feel you have been the victim of a FCRA violation, Illinois personal injury lawyers can help you seek justice. Protecting your credit rating is more important than ever.
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The instability in the economy has caused many consumers to face financial difficulty. Job loss or medical tragedies can quickly lead to mounting debt. Creditors have a right to collect legally owed money; however, Illinois personal injury lawyers explain consumers can be subject to abuse. In the United States, the Fair Debt Collection Practices Act (FDCPA) protects consumer rights. This federal law was enacted to keep debt collection agencies from abusing consumers.
Chicago personal injury attorneys urge consumers to watch for signs of abuse. Under the FDCPA, debt collectors have the right to contact you by telephone, mail, in person, telegram or fax. When you are first contacted (usually by telephone), you have legal rights. First, you may only be contacted at an appropriate time, normally between 8:00am and 9:00pm. You also have the right to dispute the debt. Illinois personal injury lawyers can assist you in how to go about the legal process if you decide to dispute the debt.
Debt collectors may not call continuously with any intent to abuse, harass or annoy you. Deciding when the line of attempting to collect debt and harassment occurs can be difficult to determine legally. For instance, a debt collector has a legal right to call more than one time but seven calls in one day is usually considered too many according to the Federal Trade Commission.
If your employer does not allow you to receive creditor calls at work, debt collectors may not call you according to a Chicago personal injury attorney. If you are contacted at work, inform the debt collector immediately. In some instances, debt collectors may need to call your friends, family or employer to confirm or correct your contact information. By law, the debt collector cannot identify himself or herself as a debt collector, nor tell the person you owe a debt. In addition, debt collectors cannot call a friend, family member or employer more than one time unless he or she believes wrong information was given.
Although debt collectors have legal rights to collect money owed, consumers have rights and should not be subject to creditor abuse. Illinois personal injury lawyers can assist if you feel you are or have been harassed by debt collectors. Creditors have a duty to respect the laws of the Fair Debt Collection Practices Act.
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One of the terms used frequently in personal injury law is “proximate cause.” The last action that sets off a series of events causing injury is a basic definition of this term. If you have been involved in an accident in Chicago, personal injury attorneys with experience can advise you on all aspects of your case. They can also help answer any questions you may have and further explain proximate cause.
One of our Illinois personal injury lawyers gives the following scenario: A person leaves a glass bottle in a park on a picnic table. Another person finds this bottle and breaks it by tossing it into another object. The glass shatters in the nearby playground. If a child in the playground cuts his or her foot and medical treatment is needed, the court of law will look at the proximate cause. The person who actually broke the bottle is responsible for the injury in this scenario, not the person who left the bottle out. Even though the accident would not have taken place if the bottle was properly disposed of at the beginning, the first person would not be held responsible.
If you have been injured due to the negligence of another, determining the proximate cause and responsibility is crucial. A skilled Chicago personal injury attorney can present a strong personal injury case, help examine the evidence and pursue your claim with diligence.
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Many factors are considered when evaluating a fair class action settlement. Most class action cases are represented with great diligence and respect on behalf of the class; however, courts have found unfair proposed settlements and cases of misrepresentation of a class.
Illinois personal injury lawyers stress that unjust representation does not represent all class action lawsuits. Unfair representation is a possibility; therefore, it is still important to recognize the signs of an unfair settlement or improper attorney representation. Education on consumer rights is important to make sure you receive fair compensation for any wrongdoing.
Evaluation of class action settlements can happen under many scenarios. For example, if a class action lawsuit was filed for money damages, but no monetary award was given for a settlement, a court might conduct an evaluation. This situation could take place in the case of rollover SUVs. SUV owners might only be given a free inspection, a warning sticker, or a phone number for a free tow if their vehicle rolls over. The attorney for the lawsuit might walk away with a substantial amount of money. Fair compensation in this example was not given to the consumer for the defected vehicle.
A Chicago personal injury attorney explains an additional scenario that can lead to an evaluation which involves proper preparation. In order to tell if a settlement is fair, adequate, or reasonable, attorneys must do their “homework.” The technical term for this is “discovery.” Discovery involves conducting research into the other party’s case, examining documents, conducting depositions and becoming familiar with all the underlying facts of the case. Lawyers cannot represent the class properly without thorough discovery.
Additional scenarios can lead to evaluating a class action lawsuit. Success can only be attained by proper representation. If you are involved in a class action lawsuit and feel it is not being handled correctly, contact an Illinois personal injury lawyer with experience in consumer law today.
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Our Illinois personal injury lawyers are frequently asked questions regarding class action lawsuit fees. When multiple people are involved in a claim, lawyers are generally paid from the recovered money. This money is known as a “common fund.” If the class action lawsuit involves a declaratory judgment in Chicago, personal injury attorneys are then paid by those who hired them or the company or people who have been sued.
Court review and approval is required for all attorney’s fees. News stories have criticized class action litigation which cannot always be justified. Most of the criticism is directed towards the amount of attorney fees that are awarded. Yes, these fees can be higher but keep in mind the total amount recovered on behalf of the class action lawsuit is much higher than in an individual case. Some criticism can be justified and evaluating a fair or proper settlement can be a complex process.
Our Illinois personal injury lawyers urge people to keep in mind the benefits of having consumer law. If wrongdoers were not subject to being sued, little recourse would be available. If a company cheats one consumer, many lawyers would not take the case, especially if it only revolved around a couple hundred dollars. If thousands of people were also cheated, qualified legal representation is much more likely. Collective wrong becomes apparent when more than one complaint is made.
The main benefit of a class action lawsuit is having an ability to level the playing field between individuals and large corporations. As long as the legal proceedings are managed responsibly, the group as a whole has a much greater chance of receiving compensation.
If you have any questions regarding class action lawsuit fees, or feel you have been the victim of consumer fraud, contact an experienced and skilled Chicago personal injury attorney.
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