New Law Strengthens Child Protective Services

 Posted on September 17, 2014 in Family Law

This August, Governor Pat Quinn signed and put into effect Senate Bill 2909 and House Bill 5598, with the purpose of strengthening Illinois child protective services and providing more help to parents who have children suffering from serious mental health issues. The new bills amend the Children and Family Services Act, and permit parents to seek the services of the State when dealing with children who have serious mental illnesses or emotional disturbances, without having to terminate their parental rights in the absence of any type of abuse or neglect. The new law allows parents, who may no longer be able to care for their child because of a mental illness or emotional disturbance, to relinquish their child to the Department of Children and Family Services so that the child may receive the utmost care that his or her parent is unable to provide.

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What is a Fair Settlement Offer?

 Posted on September 15, 2014 in Personal Injury

Many of those who are not familiar with the law or court cases have a number of questions upon finding themselves involved in a lawsuit. Such inquiries are to be expected, and can come up at different points in the legal process as a case proceeds in court. However, some questions are more critical than others. When it is considered that many cases end up settling out of court before going to trial, it should not be surprising that one such critical questions involves what is considered a fair settlement offer.

Settling a Case

The concern with whether a settlement offer is fair, of course, involves the concern that a plaintiff will end up taking an offer that is less than what his or her case is worth. An experienced accident and injury attorney can help his or her clients calculate a good value of a case. It goes without saying that the specific value of a case will vary greatly depending on multiple factors and the circumstances surrounding the specific matter at hand. These circumstances can include lost wages, medical expenses, pain and suffering, the existence of permanent injuries or disabilities, and loss of quality of life.

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Tragic Accident Results in Extra Safety Measures

 Posted on September 11, 2014 in Personal Injury

In July, two fatal accidents in a construction zone along Interstate 55 in the state of Illinois claimed five lives. In the wake of this devastating event, Governor Pat Quinn is urging officials to take action. He reportedly directed Illinois transportation officials and law enforcement personnel to determine if extra safety measures could be taken in the area in addition to putting a warning out to drivers to be extra cautious.

Increased Precautions

The governor's incentive for this call to action is to avoid any further harm caused by drivers who are being inattentive or exhibiting reckless behavior. Both of the fatal accidents that occurred within the I-55 construction zone, just 16 minutes apart, apparently involved semi-trucks. One of the truck drivers is allegedly facing charges related to improperly maintaining his log book, with additional charges potentially coming. The second accident involved two semi-trucks, and was the result of one driver suffering from an apparent medical condition.

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Asylum and Credible Fear: Explaining the Standard

 Posted on September 10, 2014 in Immigration

When you apply for asylum in the United States, you must meet certain standards. Most importantly, the standard of what is known as credible fear must be met. Due to the current immigration crisis in the U.S., there is a lot of misinformation about the credible fear standard. Even among those who are in the know, there is discussion that insinuates dissatisfaction. It is important to understand what must be shown when seeking asylum, and very often an expert’s help can greatly smooth out the process.

What is Credible Fear?

Many believe that the credible fear standard is all that must be met in order to qualify for asylum. However, this is not the case. The credible fear standard is the first of many criterion that a potential asylee must satisfy.

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To Procreate or to Not Procreate: Whose Right is Most Valid?

 Posted on September 10, 2014 in Family Law

In recent years, assisted reproductive technology has progressed rapidly and has provided women and men the opportunity to become parents. In 1985, through this new reproductive technology, 260 babies were born to parents who otherwise would not have been able to conceive. As of 2010, more than 61,000 children were born as a result of the newest technology. However, with the amazing results that have occurred from the utilization of this reproductive technology, also comes legal controversies in regards to the rights of the donors. Is the right to not procreate outweighed by the right to procreate?

Illinois’s Stand on the Right to Not Procreate

This legal controversy has been pushed in the direction of the right to procreate with a recent ruling by the Cook County court in Illinois. The Court awarded custody of the frozen embryos that were prepared prior to the woman’s chemotherapy treatment for her lymphoma. The chemotherapy had the effect of destroying the woman’s chance to conceive otherwise. Her now-ex boyfriend had originally agreed to provide his sperm for the embryos and later objected to the use of the embryos after the couple had split. The ex-boyfriend cited privacy issues, stating that the use of his genetic material could have a negative impact in regards to his future with other women.

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How a Personal Injury Attorney Can Help You

 Posted on September 09, 2014 in Personal Injury

Many car accident victims can feel overwhelmed in the days and weeks following such an incident. Everything from being treated for injuries, to having property replaced or repaired, to tending to time-sensitive personal affairs can take up most of an injured person's time and energy after an accident.

Often, the idea of taking legal action takes a backseat to matters that are seemingly more pressing. Perhaps finding an experienced attorney seems daunting, being compensated for injuries is a secondary concern to getting well, or the injured person is simply not sure if they even have a legal case. The best thing someone in this situation can do is reach out to a knowledgeable attorney who can discuss their case with them and determine what rights they have and how to protect them.

An Attorney Can Help

There are many benefits to seeking the advice of counsel following a car accident. An injured person likely has a long list of questions relating to the incident, and a good accident attorney can help to put their mind at ease. An attorney working in the best interests of their client allows the client to focus on other things, like rehabilitation and medical care

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Increased Injuries Associated with Increased Bicycle Use

 Posted on September 05, 2014 in Personal Injury

There is no doubt that summer weather draws people outdoors in large numbers, all finding different ways to enjoy enjoy themselves. One common activity to take part in during summer months is bicycling. Whether it is as an alternate mode of transportation or a leisurely activity, bike riders have been everywhere this summer throughout Chicago and the surrounding area. While getting outside and being active is a positive thing, according to a recent news story, doctors are also warning of the dangers of carelessness when bicycle riding.

Bike Safety

With the multitude of bike riders present in the city, it is more important than ever to take advantage of safety equipment when riding—something not all riders do. It is likely not hard to spot a significant portion of riders who choose to forego the safety gear available to wear when riding a bicycle. In particular, wearing a bike helmet or other forms of protective head gear is of the utmost importance in avoiding many of the more serious injuries that can result in a bike accident.

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Debunking the Myths about Undocumented Immigrant Children

 Posted on September 03, 2014 in Immigration

With the current surge of undocumented minors surrendering themselves to the Customs & Border Patrol (CBP) at the United States’ southern borders and their very real needs, there comes a host of misinformation. Pundits and other media personnel have made comments that not only do not promote understanding, but actively spread inaccuracies to the general public. For the sake of current and future clients who may be in the same situation, we feel it is important to debunk some of the myths currently making the rounds.

Myth #1. All of the recent influx of undocumented migrant children will be allowed to stay in the United States—which is why they have not been deported yet.

False.

While some of the children will likely be allowed to remain—some will likely apply and qualify for Special Immigrant Juvenile status, and others will likely apply for asylum—President Obama is actively trying to speed up the repatriation of many. The 2008 William Wilberforce Trafficking Victims Protection Reauthorization Act holds that any undocumented minor from a non-contiguous country (that is, any country that does not directly share a border with the United States, such as Guatemala or Honduras) is entitled to a hearing before being repatriated.

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How Often is Domestic Violence Occurring?

 Posted on September 03, 2014 in Family Law

In just the first three months of 2014, it happened over 36,000 times. In 2013, it happened over 177,000 times. What are these statistics referring to? Domestic violence.

Illinois takes domestic violence seriously, and the Illinois Domestic Violence Act gave victims a tool to help combat abuse and separate from their spouse. Orders of protection can make an abuser take (or not take) a number of actions that will help ensure the safety of the victim, their loved ones, and their property.

Who Can Get an Order of Protection?

There are two basic requirements that must be met before a person can obtain an order of protection. First, the person must have been abused. Second, his or her abuser must be a member of the family or household.

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Trucking Accidents: A Problem Across the Country

 Posted on September 02, 2014 in Personal Injury

There have been no shortage of news stories about devastating trucking accidents that have occurred locally, throughout the state of Illinois, and across the country. Many times, the results of trucking accidents are fatal; perhaps this is not surprising when considering the capacity and sheer size of a semi-trailer or big rig versus an average vehicle. A recent news article published by NBC News recounts various tragic truck accidents that have occurred in Illinois and in other states, as well as the need for public outcry to stop them.

National Statistics

According to the Federal Motor Carrier Safety Administration, fatal truck accidents occur, on average, about 11 times per day across the country. This amounts to about 4,000 deaths per year in addition to the over 100,000 people who are injured annually in truck crashes. Put another way by the article mentioned, those numbers equate to a plane crashing every week of the year, killing every person on board. And it appears the numbers are only getting worse.

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