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Recent Blog Posts
Advocating for Your Rights as a Parent in an Illinois Divorce
While Illinois is a “no fault” state in matters of divorce, the casting of blame and claiming of negative attributes is arguably still relevant in one matter that is directly related to divorce: the allocation of parental responsibility. Decisions about where children will live and who will be responsible for making decisions regarding how they are raised can be among the most contentious issues that parents must address during divorce. When working to resolve these issues, it is essential to have an attorney on your side who can protect your rights and advocate for your family’s best interests.
Allocating Parental Responsibility and Parenting Time in Illinois
Illinois law no longer uses the term “child custody” when referring to the legal or physical custody of children following divorce. This term has been replaced with “allocation of parental responsibilities.” The law identifies four areas of decision-making responsibility that can be divided or shared between parents: education, healthcare, religion, and extracurricular activities.
Pursuing Legal and Equitable Breach of Contract Remedies in Illinois
The new year is a time of busy planning for individuals and businesses all over the Chicago area, from downtown to South Elgin. Part of that planning, of ensuring that you and your business are able to meet your goals and obligations, is being able to count on the faithful execution of agreements entered into.
When you are in the business of supplying or receiving any type of goods or services, you know that the promises you make to vendors, customers, or businesses anywhere in the chain of retail or commerce are often contingent on the meeting of contractual obligations – the keeping of legally binding promises – by third parties. When you or your business suffers due to the breach of a contract by another party, legal recourse is available to you.
Money is the Measure of Legal Damages
Obtaining Compensation for Severe Personal Injuries
Illinois law allows personal injury victims to seek compensation from the individuals or institutions responsible for harms and losses suffered. Sometimes, the computation of this compensation, termed “damages” by the law, is relatively straightforward. When an arm is broken in a car accident caused by another driver’s negligence, there are the costs of having the car repaired and the bone re-aligned and set in a cast, as well as pain and suffering, and any lost income due to missed work during any necessary rehabilitation.
Such consequential damages are designed to make things right – to allow an injury victim to be in (theoretically) as good of a position as they would have been had the negligence and subsequent accident never occurred. However, other personal injury scenarios – especially more severe injuries with long-term consequences – are not so easily translated into a clear and fair award of legal damages.
Obtaining Compensation When Icy Store Sidewalks Cause Broken Bones
With snow falling in the Chicago area and temperatures fluctuating in the precarious area just above and below freezing, ice will be forming on streets and sidewalks throughout the region. This slick, slippery substance poses a real danger to pedestrians, whether they are enjoying holiday shopping and activities or are simply trying to get to and from work.
A slip-and-fall on ice can occur when you least expect it, sending you off balance and unprotected to the cold, hard ground below – sometimes while holding groceries or shopping bags and thus unable to stabilize yourself. First, there is the shock and surprise. Then, pain begins to set in. And in the worst cases, there is the realization that you have broken a bone, suffered nerve damage, or injured your spine.
It is one thing if ice has been allowed to form on your own front walk, but when ice is allowed to form on a business’s entryway area, that is a different matter altogether. If you have suffered a slip-and-fall injury on an ill-maintained business entry, exit, or sidewalk area, the property owner or manager may be held liable for the damages you have suffered.
Using a Special Needs Trust to Benefit Heirs With Disabilities
The holiday season is a time to think of giving – of summoning the charitable impulses and good intentions that bring out the very best version of oneself. It is a time to be grateful for life’s blessings and to reach out and help those who are less fortunate. In doing so, estate planning is a powerful resource in helping others, whether they be family, friends, charities, or individuals in need in a local, regional, national, or global community.
Estate planning is synonymous with wills and trusts. With regard to the latter, it is possible to create a special needs trust to benefit a disabled individual in your life.
A Trust is a Powerful and Flexible Asset Management Tool
A trust is a legal agreement that designates both an individual to assume the role of “trustee” and one or more individuals as “beneficiaries.” A trustee will manage your property on behalf of designated beneficiaries at the time of your death or, if you become incapacitated, while you are still living but are no longer able to manage your property on your own.
Seeking Compensation for Injuries Suffered in Interpersonal Conflicts
The 2017 holiday season may feature some contentious arguments, whether they occur over a family dinner table or during gatherings at neighborhood bars and restaurants. The reason: the nation’s intense political polarization. While most family and friends will be striving to avoid the subject of politics while enjoying the holidays, or even explicitly agreeing to refrain from discussing the subject, it may nonetheless creep into conversation – especially as wine, beer, and other alcoholic beverages flow.
The same is true at bars and pubs when old friends who are in town to visit their respective families meet to reconnect. When a good time devolves into hostile grievance-making – so much so that words beget actions and a personal injury is suffered – legal recourse may be required to obtain compensation for damages. If you have suffered personal injuries in a dispute that turned from verbal to physical, or if you were caught in the fray as a bystander, it is essential to secure the services of an experienced attorney who can advocate for your legal rights.
Is Marital Misconduct a Factor in the Division of Marital Property?
Divorce can often come as a terrible shock, especially if you believe that the breakdown of your relationship was not your fault. In many cases, divorcing spouses may believe that they are entitled to a greater share of property if their former partner had caused the marriage to fail. However, couples in Illinois should be aware of how the law deals with the division of marital property during the dissolution of a marriage.
In Illinois, affairs, adultery, lies, physical or emotional abuse, and being a bad parent – which are all types of marital misconduct – are not considered during the division of marital assets and debts. As unfair as this stipulation may seem (especially if you are the victim of this type of misconduct), it is the law in Illinois. Importantly, however, you are entitled to a fair and equitable division of marital property.
Estate Planning and the Importance of a Trust Administration Attorney
For most people in the United States, it takes hard work and smart planning to save money and build assets throughout their lives. The effort and thoughtfulness does not stop there, however, if you intend to ensure that your family, loved ones, or valued charitable organizations will see the maximum benefit of your work and planning for the longest possible duration. Estate planning is a necessity for protecting your assets and realizing your intentions with regard to the distribution of your assets, whether during your lifetime or after your death.
Just as you trust an accountant to assist with the finances of your business, a tax professional to assist with personal or business taxes, and investment experts to grow your assets at the pace and risk level which is right for you and your family, you can rely on an estate planning attorney to create a legally binding will or trust and follow the proper procedures for administering your estate.
When Holiday Traffic and Large Trucks Combine to Cause Personal Injuries
The presence of large trucks on Illinois roads and highways may be a source of anxiety for some drivers, especially in November as thousands travel to and from Chicago to celebrate the Thanksgiving holiday. Whether you are taking I-55 down to St. Louis, driving west on I-80 to the Quad Cities, going about your daily commute, or dealing with increased holiday-related traffic, you may breathe a little less easy when driving alongside a semi, trailer, or other large, sight-limiting truck. When your worst fears about truck-packed lanes are realized, resulting in a truck accident in which you suffer personal injuries, you need an experienced personal injury attorney on your side to assert your legal rights.
Truck Accident-Related Personal Injuries May Be the Result of Negligence
Facts You May Not Have Known About Illinois Car Accidents
We are in the midst of autumn, and the holiday season is fast approaching. To many people, these holidays are a great time to celebrate the true meaning of family and friends. To others, there is great worry that something tragic, such as an automobile collision, could happen to them or their loved ones. Car accidents can happen at any time, but they occur more often during the holidays. Here are some other statistics about car accidents that you should be aware of:
When Do Car Accidents Typically Occur?
It makes sense to think that most car accidents would occur during the late night on weekends, since that is the time that many people go out drinking, and some may drive while under the influence of alcohol. However, data from the Illinois Department of Transportation shows that the majority of accidents occur on Friday between noon and 7:59 pm. Other key statistics include: