Posted on October 16, 2018 in Personal Injury

Getting behind the wheel of a car is inherently risky, but when someone chooses to drive drunk, the danger is exponentially increased. Car accidents happen every day, and sometimes people are hurt, but accidents involving drunk drivers tend to be much more serious because intoxicated drivers tend to drive quite erratically and can unknowingly cross over into oncoming traffic, or enter a highway from the wrong direction. The resulting injuries can be devastating, and force the victim to incur high medical bills and months or years of lost wages trying to recover. In some cases, the victims do not survive, and the need for compensation by the family is even greater.

As an example, a Waukegan woman was charged with DUI and aggravated DUI causing death when she ran a red light and killed a married couple in the ensuing crash. The woman was found to be intoxicated at more than twice the legal limit. However, criminal culpability for driving while intoxicated does not automatically equal civil liability for car accident injuries. Fault must still be proven, and in drunk driving cases it is important to look at the responsibility of both the driver and the establishment who served the alcohol, as both could be liable for accident injuries. A discussion of how drunk driving impacts a car accident personal injury case, will follow below.

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 Posted on October 12, 2018 in Family Law

There were over 2 million marriages across the United States in 2016. There were also over 800,000 divorces in 2016. Divorces happen all across the country for a variety of different reasons. Each couple has their own issues, which may lead to one person feeling the need to file for divorce. Overwhelmingly, the woman in the relationship is the one who files for divorce. In a study done by sociologist Michael Rosenfeld at Stanford University, it was found that 69% of divorces were initiated by women.

Reasons

Why would women be the first to file for divorce in so many cases? Some of the possible reasons are listed below:

• Women may be more attuned to relationship difficulties. If a woman feels there is a problem with a relationship that a man does not notice, they would be more likely to file for divorce. Even if a man does know there is an issue, he may have a different opinion about how much of an issue it is, which can lead to the woman feeling the issue will never be fixed.

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 Posted on October 12, 2018 in Family Law

Marriage is a partnership between two people who have pledged to share their lives together. Unfortunately, marriages do sometimes end in divorce and those two individuals separate. However, divorce does not have to be the end of a person’s dating life. If you have previously been divorced and are now considering marriage again, there are some important factors to consider before making the decision to remarry.

Family

You have to think about what your feelings are regarding family and the responsibilities that come with it. If you have a child or if your possible spouse has a child, you need to consider how they will be affected by your new marriage and if you want to be part of each other’s family.

Attraction

It is important to be attracted to your partner. Attraction is more than just physical attraction, it is mental and emotional as well. If you enjoy your partner’s personality, share their interests, and want to be around them it will help your new marriage.

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 Posted on October 10, 2018 in Immigration

Sometimes, someone seeking a way to stay in the U.S. may have nothing tangible to rely on. They may not qualify for Deferred Action for Childhood Arrivals (DACA) or have a valid asylum claim, and they cannot adjust status because of a criminal record or because they arrived in the country as an undocumented immigrant. In these types of situations, especially if you are in removal proceedings, the best option that may be available is called cancellation of removal. It will not work for everyone, but it may be a possible method by which you or a loved one can remain in the United States.

Mostly For LPRs

Cancellation of removal is a form of deportation relief that is almost entirely discretionary, meaning that the immigration judge in charge of your case can choose whether or not to exercise it. This is markedly different from other methods of relief, which are usually codified in the law - for example, the Violence Against Women Act (VAWA) explicitly contains language allowing some abuse victims to adjust status to that of a green card holder if they can prove certain facts about their mistreatment. Cancellation of removal is sometimes called prosecutorial discretion, even though it is most often judges (not prosecutors) who are able to use it.

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 Posted on October 04, 2018 in Immigration

While the current administration seems to be a never-ending Pandora’s box of nightmares for immigrants both documented and undocumented, one question that often comes up for those choosing to become U.S. citizens is whether or not newly gained naturalized citizenship can be lost. The answer is yes, but only in very specific situations - or at least, this was the case until the current administration came to power.

Voluntary Loss of Citizenship

It is possible for any U.S. citizen to voluntarily declare they no longer want their citizenship. This is called renunciation, and it effectively gives up all rights and privileges associated with being a U.S. citizen, including the right to live in the country without requiring a visa. It must be done in front of a U.S. consular officer or other official at an embassy abroad, and it must be stated clearly that the oath to renounce is being sworn with the full intent of giving up citizenship - if it is not, it has no legal effect.

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 Posted on October 02, 2018 in Personal Injury

Dog bites are somewhat rare. Nevertheless, owners bear a large responsibility to keep their animals from harming other people and can be held legally liable for injuries that result from an animal attack.

Illinois law is stringent about holding owners liable for the actions of their animals. This approach is in place to protect members of the public that have no reason to anticipate an animal attack, as well as to ensure owners take proper precautions to keep their animal from posing a danger. This responsibility is increased if animal control determines the dog should be labeled as “dangerous,” a designation assigned following an attack or threatening behavior.

The standards for labeling a dog as dangerous are set at the local level and the city of La Salle proposed expanding its dangerous dog ordinance to include attacks against other dogs, and not just people, as a qualifying event. The potential physical injury and emotional trauma these attacks can provoke are behind the strength of these ordinances, and victims of dog bites need to understand what their options are when these incidents occur. A look at the owner’s general liability for a dog bite, and what happens when an animal is declared dangerous, will follow below.

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 Posted on September 30, 2018 in Family Law

When most people think of marital assets that get divided in a divorce, things like houses, cars, and retirement accounts usually come to mind. However, there are various other types of assets that couples going through a divorce may have to divide. It is important to determine how these unusual assets will be divided early on in the divorce process to reduce the risk of headaches down the road.

Marital vs. Non-Marital Property

While marital property is divided in a divorce, non-marital property is not. According to the Illinois Marriage and Dissolution of Marriage Act, marital property includes any assets or debts that either spouse acquired while they were married. Anything else is considered non-marital property.

Examples of Unusual Assets

Unusual marital assets in a divorce can be tangible or intangible. Several examples of tangible assets that can be seen or touched include:

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 Posted on September 27, 2018 in Personal Injury

People are injured in slip and fall accidents on a daily basis, and depending upon the height of the fall, the type of surface, and the victim’s ability to react, these accidents can easily lead to serious injury. Slip and falls can happen anywhere, including at a store, a neighbor’s home, or a public sidewalk. All property owners, including the government, have a duty to keep their premises in a safe condition, and failure to do so can lead to legal liability if a person is injured as a result.

In Illinois, winter will be here soon enough, and everyone knows the dangers presented by the accumulation of snow and ice. A New Lenox man sued Lowe’s earlier this year after he fell on an uneven surface covered in water, ice, and snow. Given the fact that everyone faces this type of risk when they venture out of their homes, it is important to understand how the law addresses legal responsibility if a fall and injury do occur. In addition, people should understand how liability for the accumulation of snow and ice is handled under Illinois law.

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 Posted on September 25, 2018 in Immigration

A Notice To Appear (NTA) is a formal notice to someone that they are being placed in deportation proceedings. While receiving one normally can be quite intimidating, a recent, quietly enacted change in guidance regarding how NTAs are used can make them even more alarming, even to immigrants with documentation who entered the United States legally.

NTAs Sent Immediately

Under previous administrations, if a person was lawfully present in the United States on a valid visa, such as a student visa (F1) or foreign worker’s visa (H1B), and they wound up going out of status while in the process of renewing their visa or making plans to depart, U.S. Citizenship & Immigration Services (USCIS) would generally not bother to issue an NTA, even though technically these people were unlawfully present in the U.S. Unless evidence of fraudulent or otherwise criminal activity existed, most of those seeking to reapply were simply treated as though the grant of a new visa would occur.

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 Posted on September 25, 2018 in Family Law

Most people do not get married with the intention of getting divorce. In fact, most couples tie the knot and hope that they will enjoy many happy years together. Unfortunately, marital issues arise and are sometimes so severe that a divorce is in the future. Here is a list of five telltale signs your marriage may lead to divorce:

You Feel Put Down By Your Partner

In a healthy marriage, partners support one another and truly appreciate one another’s strengths. However, when a marriage is going downhill, one partner may constantly feel criticized and put down by their partner. Criticism is one of the major causes of divorce.

Your Partner Makes You Feel Lonely

Feelings of loneliness are dangerous in a marriage. They can lead to less affection or intimacy. If your partner makes you feel lonely, you may turn to a relative, friend, or co-worker to discuss your feelings as they seem to have more sympathy than your spouse.

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