Whether you plan on fighting your charges or want to work out a plea bargain with the prosecution, having an attorney on your side can be invaluable. No matter the charges you face, you can have peace of mind knowing you have a trusted legal advocate beside you. A lawyer can help you fight serious charges and negotiate for the best plea bargain when possible. Without legal representation, you may not get as favorable an outcome as you would hope.

When Sutter Law Group, LLC accepts your case you are never passed off to a legal assistant or inexperienced legal professional. You have direct access to your attorney, receiving personalized legal counsel every step of the way. We are not simply your law firm, we are your counselor at law.

Selecting a criminal defense attorney for your case takes serious consideration. You need to ensure the right legal advocate is by your side. One whom can defend your future and protect your freedom when facing the most serious charges. Precisely the reason we offer free consultations for all potential clients. Prior to any commitment we meet with you to discuss your case.

Our immediate advice is to make sure that you exercise your right to remain silent. You do not have to speak with officers or investigators about your charges. As long as you provide all personal information requested, you are within your rights to decline answering other questions. Next, you should retain a reputable criminal defense lawyer right away who can advocate on your behalf and ensure your rights are not violated in any way.

Remember, you are innocent until proven guilty. You will have a chance to fight your charges and get them reduced, dismissed, or even reduced. Also, you can work out a plea bargain with the prosecution to settle for alternative options to prison time. For example, if convicted of DUI, you could work out a deal to attend a substance abuse program rather than spend time in jail. You may also be granted probation over jail time, especially if your crime is a non-violent offense.

If you are hurt, the most important thing is your well-being – you should seek medical treatment immediately. After your initial medical needs have been addressed, you should seek legal advice as soon as possible. Personal injury cases often need to be investigated quickly and a delay in consulting an injury attorney can sometimes cause critical pieces of evidence to be permanently lost, which could significantly affect your potential case.

In many cases you will need to hire an attorney in order to adequately protect your interests and fight for what you deserve. Please consider taking advantage of the free personal injury consultations offered by the attorneys at Bianco Professional Association in order to determine whether we can be of assistance to you.

All personal injury cases are unique. The Sutter Law Group, LLC typically handles personal injury claims on a contingency fee basis. That means our fee is a percentage of the recovery our firm is able to obtain for you. We also have attorney’s available for hire if you would prefer to pay on an hourly basis.

Sutter Law Group, LLC recommends that you first consult with an attorney before discussing the details of your injury or the way in which you were injured with anyone. Any documents you sign or settlements you agree to prior to speaking with an attorney could affect your ability to recover full compensation for your injury.

A general rule to follow, if someone’s negligence caused your injury, you are entitled to compensation for those injuries. Depending on the facts, their may be specific legal rights and limitation that apply to your case.

Every personal injury case is different. Therefore, until your medical condition has been stabilized and your case has been fully investigated, you should be wary of anyone who tries to tell you the value of your potential claim. Full compensation may include payment of medical bills, pain and suffering, mental anguish, loss of ability to enjoy life, lost wages, and/or diminished earning capacity.

Whether or not your personal injury case goes to trial depends on a variety of factors. Many cases will be settled before trial. Although Sutter Law Group, LLC always remains open to settlement offers, if a settlement offer is inadequate in relation to the severity of your injuries, our attorney’s are experts at handling your case throughout the trial process.

The attorneys at Sutter Law Group, LLC will never settle your claim without your consent. We will give our recommendation of whether or not to settle, but the ultimate decision is yours.

In many cases, the funds relating to your personal injury claim are received within seven to 14 days after the release is signed. Cases involving an extremely large settlement, the State, private individuals, and/or out-of-area insurance companies often take much longer. In some instances, Sutter Law Group, LLC will have to obtain the approval of the Court before a settlement is finalized.

It’s possible. Whether or not you have a case depends on what was done or not done. Many states have adopted special procedures and remedies for nursing home issues, and even adopted a special “bill of rights” for nursing home residents

In most cases, no. Whenever you settle a case, you generally sign a release that would forever keep you from pursuing the claim again.

Possibly. Many employers can legally review their employees’ medical records covered by the company’s health plan, which sometimes includes hospital records and previous worker’s compensation claims.

Any individual or entity who provides health care may have a medical malpractice suit lodged against them. This would include, for example, doctors, nurses, technicians, physical therapists and optometrists.

While it is distressing to learn that a medical procedure may have resulted in a very undesirable outcome such as permanent injury or even death, it’s not generally feasible to sue for what “might” have happened, particularly if there was not any negligence.

Malpractice claims tend to be a fight to the death and are settled less often than most other cases, which also means they may take more time and rack up more expenses.

The Sutter Law Group, LLC will accept medical malpractice cases on a contingency fee basis. That means you won’t have to pay attorney fees unless the case is settled favorably. You generally will have to pay expenses associated with your case, regardless of whether you win or lose.

Simply check with your state medical licensing board to learn if they have, and will release, information on the doctor.

A bad medical result doesn’t necessarily mean you’ve experienced malpractice. Even with the best of care, things can go wrong. Generally, to win a medical malpractice case, you must have expert medical testimony that no reasonable health care provider would have done what yours did. Reasonableness is generally determined by looking at what is reasonable care in view of the:

•   Available knowledge
•   Geographic location where care occurred
•   State of medical practices at the time of the illness or injury

You must also prove through expert testimony that the negligence of your health care provider was a cause of injury or death. A doctor can be negligent, for example, and still not be liable, if the injury or death was caused by some other factor.

Not necessarily. Medicine is not an exact science and errors in diagnosis can be made.

Law does not require doctors to be right all the time but rather that their actions meet the standard of care set out by state statutes, as well as what a reasonable doctor would do in the same situation.

No. The amount of money depends on your injury and the extent of damages. There are no parameters, unless dictated by state statute.

Preponderance of evidence is evidence that is more convincing than the evidence that is offered in opposition. It is whatever is more probable than not or has a greater weight.

Generally, state statutes control what a malpractice settlement takes into consideration. The following are commonly covered:

• Past, present and future medical expenses for treatment of the injury caused by the medical malpractice
• Other financial damages and economic damages that the malpractice caused
• Compensation for pain and suffering

Because every case and injury is different. There are many nuances that determine a reasonable settlement amount in recovering damages from medical malpractice, such as:

• Impact the injury has on earning capacity
• Impact the injury has on life functions
• How the jury perceives the injured party
• The atmosphere in the geographic area concerning medical malpractice

Only an attorney can give you an idea of what type of settlement you might be entitled to.

Contributory negligence is an injured person’s failure to exercise due care, which contributed to the injury. One example of contributory negligence in a failure-to-diagnose case would be if a doctor recommends that the patient undergo a screening exam for cancer and the patient neglects to follow through with the doctor’s instructions, only to be diagnosed with cancer later.

When a doctor is going to perform a procedure, he or she is required to advise the patient of the procedure that is going to be performed as well as all the possible consequences. This is referred to as “informed consent.” If the doctor doesn’t do this, it might lead to a medical malpractice case. There are some instances where a doctor isn’t required to obtain an informed consent, such as a case where the patient is unconscious, a family member can’t be reached in an emergency or if there isn’t a living will. As a general rule, attorneys will take these cases if the consequences of not being properly informed are great enough.

Subrogation is a legal concept that allows someone who covers the cost of your injuries, generally an insurance company, to eventually recover those payments from the person determined legally liable for your injury.

Statutes of limitations for medical malpractice cases are set by state law and generally range from one to seven years. The window of opportunity for filing a lawsuit may expand, depending on circumstances, such as whether or not the injured party was a minor at the time of injury and when the individual learned of the malpractice.

The “standard of care” is generally defined by the medical community, while state law generally determines how negligence is defined. It’s not the measure of what is optimum care or even the measure of what an expert thinks should have been done in hindsight. The issue is whether any reasonable physician could have done what the doctor in question did, based on the available information. Help defining “acceptable practice” can come from a medical expert’s experience, medical texts, literature and publications from groups such as the American College of Obstetricians and Gynecologists. However, in most cases the standard of care the doctor deviated from must be established at trial by expert testimony. In some states, this expert testimony must be established before a victim can even initiate a lawsuit.

When we receive a settlement offer, we will contact you immediately to discuss the details and determine if it is an acceptable offer.

There are e a number of reasons why Sutter Law Group, LLC won’t take a case, including:

• There isn’t a credible expert to say there has been malpractice or that any malpractice was a cause of the injury or death. Without such expert testimony, cases generally cannot prevail in court.

• The cost of bringing a case to trial exceeds what the case could reasonably be expected to return. It is generally very expensive to obtain the medical experts necessary to even get the medical malpractice case into a courtroom. And, these days, insurance companies are less likely to settle in this area and more willing to take cases to trial. This drives up the costs of suits for victims. So, many a personal injury lawyer concludes that it’s not economically feasible to bring what may be a “good” liability case to court. This is not necessarily because the lawyer is greedy, but because the lawyer does a client a disservice by bringing a claim that he or she knows may leave the client in the financial hole even if they “win” the case.

• The severity of the injury caused by the malpractice is an important consideration. A truly serious injury with long-term consequences, such as injuries during birth, a heart attack, stroke or permanent disability are more likely to bring a viable lawsuit than a minor, temporary injury.

In order to prevail in a medical malpractice case, you must prove that the standard of care wasn’t followed. The courts have come to recognize experts with experience, training and an understanding of the level of care associated with a particular medical procedure as being able to attest to or gauge the standard of care provided.

Following any work accident, it is critical to report the accident to your employer right away. The time limits vary from state to state, but your claim will be denied if you do not report the accident to your employer within the required time period. Even if you do not think you are injured, you should report workplace accidents to your employer. Sometimes injuries don’t become noticeable until after the incident. Report an accident as soon as possible and report injuries as soon as you become aware of them, whether it is at the same time as the accident or later.

Visit this link on making an accident report for tips on what to include to protect your rights to workers compensation benefits.

The workers compensation system is will provide benefits to injured workers without the need to prove who was at fault for the accident. However, there are some instances when a worker won’t receive benefits. For example a worker won’t receive benefits for self-inflicted injuries or for injuries that occur when the employee is under the influence of alcohol or illegal drugs.

For more on liability issues in a workers compensation case, visit this link Injury Liability for Workplace Accidents.

This depends on the laws of your state and the requirements of your employer’s workers’ compensation insurance policy. Ask your employer if they require you to see a specific doctor or if you can choose your own doctor. If you are required to see a doctor chosen by your employer, you may have a right to change doctors after a certain amount of time has passed or to get a second opinion. If you see your own doctor, the insurance company may still require a medical examination by one of its doctors.

The kind of benefits you receive depends on the type and extent of your injury and varies state by state. If your injury prevents you from working for more than a minimum number of days, you will receive temporary disability benefits, which are typically 2/3 of your regular wages. The cost of your medical treatment should be paid for as long as necessary. You may also receive vocational rehabilitation if needed to help you get back to your job or to train you for a new job.
For a list of available benefits and the rules on calculating the amount, visit this link.

If you are able to perform the same type of work after you recover from your injuries, your employer must give you the next position that becomes available, but they don’t have to fire the person who replaced you in order to give you your job back. If you are able to work in some other type of job that your employer has available, they should place you in that job.

Depending on the extent of your injuries or illness, you may decide that you want or need an attorney to help you with your workers’ compensation claim. The greater your injuries, the more you have at stake in the workers’ compensation process. If you have been severely injured and/ or think that you will be disabled long-term or permanently, you may want the help of an attorney with experience handling workers’ compensation claims to make sure you get all of the benefits to which you are entitled.

Prior to considering settling your workers compensation claim, you should talk to a lawyer before taking any action.

No, it does not typically matter who is the first to file a case. The person who files the case is known as the Plaintiff and the other party is known as the Defendant. Note, it costs approximately $100.00 more in court costs to be the Plaintiff than the Defendant

That depends on the relationship. The more issues that are unresolved and the more the parties disagree, the longer the case will take. Typically, it takes approximately one month to have the paper work completed and to obtain a final court date. If the case cannot be resolved and will need to go to trial, the case will take a minimum of approximately one year to complete.

Joint custody means that both parents have an equal say in the major decisions effecting your children’s lives. Major decisions are defined as religious, educational and health care issues. The children will still typically live with one parent on a primary basis. This parent will be known as the residential custodian.

Shared custody is a non-traditional form of custody that is designed to increase the amount of time the children have with both parents

The amount of child support paid is based upon the number of children of the marriage. Under Illinois law, there are certain minimum guidelines for the payment of child support based upon a percentage of the payor’s net income. The amount of support is dependent upon the net income of the paying parent. The guidelines in Illinois provide: one child: 20% of payer’s net; two children: 25% of payer’s net; three children: 32% of payer’s net; four children: 40% of payer’s net; five or more children: 50% of payor’s net. In addition to child support, courts will frequently make a support-paying parent to pay one-half of day care expenses incurred by the primary custodial parent relative to his/her employment or education.

The law does not require that one spouse be automatically responsible for the other spouse’s attorney’s fees. However, if one spouse has the majority of the financial resources, the court is required to make that spouse assist the economically dependent spouse with their fees and costs. The burden is upon the spouse seeking a contribution for fees to first show that he or she has an inability to pay the fees with their own resources. Additionally, if court orders are entered either during or after the case that our not complied with, and the spouse seeking to enforce the agreement is forced to incur attorney’s fees, the court will order that those fees be reimbursed if the individual violating the court order did so without substantial cause or justification.

Illinois law allows a spouse to legally contest the grounds for the divorce, but it does not require that the parties live together even if the divorce can be successfully thwarted. Generally, efforts towards restricting the divorce are futile.

The grounds of irreconcilable differences are a no fault basis and essentially mean that the marriage has irretrievably broken down as a result of irreconcilable differences. In order to use these grounds, the parties must be separated for six months and agree to proceed on these grounds by waiving a two year waiting period in writing. If one of the parties does not agree to waive the two (2) year waiting period, the party seeking the divorce can still proceed after two years under the grounds of irreconcilable differences without the other party’s consent. For a divorce based on fault, common grounds include: mental cruelty, physical cruelty, adultery, extended drug or alcohol abuse, and irreconcilable differences. Grounds need to be plead in the divorce, however, their significance is more symbolic than actual. The grounds alleged will not impact the distribution of the property nor, typically, affect the custody of the children unless the behavior alleged in the grounds directly affects the children.

A legal separation is an actual formal court proceeding whereby the court will grant a decree for legal separation. The procedure is similar to commencing a divorce and involves filing a Petition for Legal Separation. The proceeding can only be filed by a spouse who has not vacated the marital premises. In other words an individual cannot move out and then file a Petition for Legal Separation. Legal separations are infrequently used. Usually prime candidates for legal separation are people attempting to protect their respective assets from the other’s creditors because once the legal separation is granted, bills incurred by one spouse are not the liability of the other spouse.

Illinois law does not allow the permanent departure of the state with minor children without prior leave of court. Vacations can be taken with the children without a specific court orders assuming that prior notice has been given to the other parent concerning the children’s whereabouts.

Generally speaking, the court has the jurisdiction to grant temporary orders while a divorce case is pending. In other words, virtually immediately after the case commences, one of the parties can ask the judge to order temporary support or visitation.

Pursuant to the Illinois Code of Professional Conduct, an attorney cannot represent both parties in a divorce case. By doing so, the lawyer would be violating a concept known as conflict of interest. An attorney can, however, represent one party in the divorce case and prosecute the divorce on behalf of that party, without the spouse obtaining their own independent representation.

Nothing prohibits you from talking directly with your spouse concerning settlement.

If one of the parties improperly takes money or disposes of assets, either prior to or during the divorce case, the court can consider that factor in dividing up the balance of property. The law generally states that if one of the parties uses money or resources for their own individual benefit, and not for the benefit of the family, during a period of time that the marriage is undergoing an irretrievable breakdown, that is known as a dissipation of assets. At the end of the case, the court can credit the non-dissipating party with a portion of the money allegedly dissipated. Generally, however, all efforts should be made to make sure one of the spouses does not improperly use monies. While the case is pending, the court can enter a court order known as a Preliminary Injunction which bars the improper use of monies by either party while the case is pending. Also, substantial bank accounts can be divided up at the beginning of the case to make sure one of the parties does not have access to all of the resources to the exclusion of the other party.

It is not infrequent that people change their mind concerning the divorce after the case is filed. If you do decide to reconcile on a “temporary” basis, you could do so without dismissing the divorce case. Alternatively, you can dismiss the divorce case and re-file it later if necessary.

Essentially, the law allows the court to set support based upon the spouse’s prior income if the spouse quits a job without good cause and for the purpose of harming the family’s finances. At that point, the spouse would still be under a court order to pay as if he still had the job. If he refuses to pay, the court can employ various enforcement mechanisms to compel payment including: jail time, an order forcing the person to look for work and report to the court weekly regarding their progress, or other sanctions including attorneys fees.

Typically at the age of 12 or 13, if the child is articulate and has specific reasons why they want to live with a particular parent, the court will consider the child’s preference. The court is not bound by that preference, however.

Child support is not taxable to the recipient, nor a tax deduction by the paying party. Maintenance, on the other hand, which is “spousal support”, is deductible by the payer and taxable income to the payee.

Courts are predominately concerned with who historically was the child’s “primary care taker.” This person invariably will have an edge in a custody case.

Business law involves and encompasses all types of commercial transactions that involve legalities. In addition, any litigation process or courtroom trial in which one or more parties are business falls under the realm of business law. In short, business law is the legal structure in which businesses function.

Civil litigation involves matters of contract and exchange between individuals and businesses. As opposed to criminal court processes, issues falling under contract law or tort law are addressed through lawsuits in civil courts.

There are a wide variety of business entity formats to choose from, including limited liability companies (LLCs), limited liability partnerships (LLPs), corporations, joint ventures, sole proprietorships, and partnerships.

The lawyers at Sutter Law Group, LLC will help you make the right choice for your business situation. Each business entity type has a specific set of rules and regulations regarding taxation, distribution of profits, owner liability, asset protection, and other matters. Bring your business plan and other documentation to your consultation and we’ll guide you to most appropriate choice.

Don’t panic, discuss your case with our attorneys right away. We will counsel you on the next steps to protect your interests, and limit risks.

Depending on the extent of your injuries or illness, you may decide that you want or need an attorney to help you with your workers’ compensation claim. The greater your injuries, the more you have at stake in the workers’ compensation process. If you have been severely injured and/ or think that you will be disabled long-term or permanently, you may want the help of an attorney with experience handling workers’ compensation claims to make sure you get all of the benefits to which you are entitled.

Prior to considering settling your workers compensation claim, you should talk to a lawyer before taking any action.

It is possible to file immigration petitions without the help of an attorney, but the results are often disastrous and unfixable. Immigration law is extremely complex and difficult for non-lawyers to understand. It is very easy to make a mistake and file the case improperly. If your case is not filed properly, it can cost you time, money and may even cost you your immigration benefits. Because your family and your future depend on your immigration status, it is wise to put your case in the hands of an experienced and knowledgeable attorney to ensure it is handled properly from the beginning.

The answer to this question depends on your immigration status. If you are a legal permanent resident the answer is: No. If you are a U.S. citizen, the answer is: Yes. Only U.S. citizens can apply for K-1 visas for foreign fiancés. These visas are valid for 90 days, during which time the couple must marry. Following the marriage, the foreign spouse can apply foradjustment of status to legal permanent resident status. Applications for K-1 visas are scrutinized for authenticity, however, and evidence of the relationship must be provided.

It is permissible to transfer your H-1B visa to a new employer. To do so, the new employer must file a new H-1B application. You may begin working for the new employer as soon as a receipt notice is received. It is important to note that should your application be denied for whatever reason, and you no longer work for the original H-1B employer, you would be out of status.

Probably. Most criminal charges and convictions can negatively impact your immigration status. Some have graver consequences than others. Aggravated felonies, crimes of moral turpitude, and drug crimes often trigger deportation proceedings for non-U.S. citizens and may lead to inadmissibility for the future. Immigration attorneys can work with criminal attorneys to help minimize the negative impact of criminal charges on immigration benefits for minor crimes.