Posted on July 21, 2014 in Personal Injury

Most personal injury cases resulting from car accidents involve the legal concept of negligence. In negligence cases, a plaintiff attempts to prove that another party's carelessness caused them to suffer injury or other damage. In order to establish the concept of negligence, a plaintiff has the burden of meeting certain elements of the claim. These elements must be met in every case that asserts negligence as the basis of the legal claim, no matter what the facts may be surrounding the case.

Elements

Every negligence claim involves the same basic elements: an individual who had a duty of care breached that duty, which caused damages. These are the elements that must be established in every negligence claim, regardless of the facts giving rise to it. A plaintiff must establish that another person had a responsibility to avoid causing harm in the situation that led to the injury. The plaintiff will then need to show how that person breached their duty of care and also that their breach caused the plaintiff's damages.

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 Posted on July 18, 2014 in Personal Injury

Various car accident cases present clear evidence for which the driver is at fault for the crash. For example, rear-end collisions generally present a clear case that the driver who struck the vehicle in front of them is at fault for the accident, since he or she failed to leave a safe driving distance between the two vehicles. However, there are exceptions to this in cases where a driver's brake lights were out or the crash was caused by a chain reaction.

In other cases, establishing fault is not so easy. It is imperative to clearly establish fault in car accident cases, since the at-fault driver may ultimately be responsible for paying for any damages suffered as a result of the accident.

Both Parties at Fault

In some cases, both parties share the responsibility of causing the accident. If it is unclear who is at fault or if it is determined that both drivers contributed to the crash, then each driver will be assigned a certain portion of fault. Illinois is a comparative fault state, which means that according to state law, a person is prohibited from recovering damages if they are found to be more than 51 percent at fault for an accident. These persons will not be successful in pursuing a lawsuit against the other driver.

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 Posted on July 16, 2014 in Immigration

Sometimes, one meets the person they want to marry outside their home country. This scenario has become so common that there is a U.S. visa category specifically for that purpose. If you want to marry a U.S. citizen, you will need to obtain a K visa, and it is often very helpful to have an experienced immigration attorney on your side.

Qualifying for a K Visa

A K visa is actually classed as a nonimmigrant visa, though the effect is the same as immigration. It is issued, as a K1, for the specific purpose of allowing a foreign-born fiancé(e) to enter the United States and marry their U.S. citizen fiancé(e). Once the fiancé(e) has entered the country, they must marry, and then adjust status to become an LPR (Lawful Permanent Resident).

The only real eligibility requirement besides being legally able to marry (of age and not already married) is that the future husband and wife (or, in the case of same-sex couples, spouse and spouse, as current immigration law now allows same-sex couples to be treated in the same way as heterosexual couples for purposes of immigration) must have met in person sometime within the two years before the K1 petition was filed. However, there are exceptions to this rule; you will not be expected to have met if it would be alien to your fiancé(e)'s culture or religion, or it would cause undue hardship to you or him/her to do so.

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 Posted on July 16, 2014 in Family Law

What is Guardianship?

Guardianship is a court process that grants a non-parent legal custody of a child. Guardianship allows a non-parent to act in place of a parent to make decisions that will affect the welfare of a child. Guardians have to guarantee that the child receives food, clothing, and shelter, as well as an education and appropriate medical care.

Unlike with an adoption, a guardian can be appointed without having to end the birth parents’ rights over the child. The court has jurisdiction until the child turns 18 years old. The court has to rule out the options of adoption and of a possible permanent return of the child to the parental home before it will award guardianship. The child’s parents may agree to the guardianship. If the parents do not agree, they will be offered a chance to object to the guardianship in court unless their parental rights have already been taken away.

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 Posted on July 15, 2014 in Personal Injury

Even though it is now illegal to use hand-held mobile devices while driving in the state of Illinois, and despite the obvious dangers and staggering statistics associated with accidents caused by texting and driving, many individuals still choose to participate in the activity. Perhaps this is because the inclination to multitask is too strong, or the need for instant communication is too great. Or maybe it is because in spite of all the information to the contrary, drivers believe that they are somehow immune from being in a car accident caused by their distracted driving. A recent article discussed an initiative to stop texting and driving and offers suggestions on how to curb the impulse to do so.

Stop Texts, Stop Wrecks

It is no secret that the use of mobile devices while driving is dangerous, as is evidenced by the accidents caused by distracted driving, which result in injuries and even fatalities. The incidence of distracted driving seems to be rising with the popularity of cell phones and other devices. In fact, some research shows that texting while driving causes a risk of crashing that is 23 times greater than driving while not distracted.

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 Posted on July 10, 2014 in Personal Injury

Summer is here, and the warm weather allows many to enjoy all that these warmer months have to offer. Boat enthusiasts will surely take to the water to cool off and enjoy the sunny weather, and even participate in a variety of water sports. Many water activities will involve the operation and use of a boat. Unfortunately, not every boating experience is a fun one. If not operated properly, boats can be dangerous not only for drivers and passengers, but for anyone on the water at the same time. In fact, boating accidents cause serious injury and even death.

Accidents on the Water

Below are some of the more common causes of boating accidents and how they can be avoided:

Inexperienced Drivers. Operator inexperience is often the leading cause of boat accidents. Many state agencies and local organizations offer classes on boating education, as well as boating safety classes. Taken together, these classes can inform boaters about relevant boating laws and ensure that their time on the water is safe and enjoyable.

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 Posted on July 09, 2014 in Immigration

The United States immigration system may force those involved to undergo extremely long periods of waiting. Some people wait as long as 20 years for their priority date to come up. However, there are ways to get onto a different track in order to expedite the process. One of these ways is a need to claim asylum, or refugee status.

U.S. asylum law is patterned after the definition of a refugee, established by the Geneva Convention. (Some people confuse being an asylee with being a refugee, when both categories exist in U.S. law. The only difference is where one applies: an asylum claim is made within the U.S., while a refugee claim is made outside the country.) The relevant text states that to qualify as an asylee or refugee, someone must have a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”

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 Posted on July 09, 2014 in Family Law

Child Custody

The Illinois Marriage and Dissolution of Marriage Act is the law that governs how child custody is determined in Illinois. When we think of the word “custody,” we sometimes view it in terms of the time spent with a child regardless of whether the courts award joint or sole custody. However, custody in Illinois actually has to do with determining which parent has the decision-making power over the child. The length of time a parent spends with the child is not the focus of the determination.

Types of Custody 

There are two types of custody in Illinois: sole custody and joint custody.

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 Posted on July 08, 2014 in Personal Injury

Car accidents can happen at any time, and for any number of reasons. While even the most seasoned driver can make a mistake and be involved in an accident, it is undeniable that young people are often involved in car accidents at a high higher rate.

Not only do teens and other young people lack driving experience, they also do not possess the life experience to appreciate that accidents can and do happen, and that dangerous driving behavior greatly increases that risk.

A New Study

The results of a study recently found that stricter laws and increased punishment for irresponsible driving behaviors, such as extreme speeding and aggressive driving, are likely to greatly reduce the number of related injuries and deaths that would occur to young male drivers.

Researchers involved in the study looked at the impact that such new laws had in Ontario, Canada in the fall of 2007. According to the new laws, drivers who travel at a rate of speed more than 31 miles per hour over the posted speed limit, and are pulled over or caught racing or participating in other types of dangerous driving behavior, face having their license suspended immediately. They also face having their car impounded for seven days.

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 Posted on July 02, 2014 in Immigration

Many people who apply for visas or achieve immigration status in the U.S. do not realize that it is not necessarily permanent. Even green cards can be revoked if the holder is found to have committed a crime of moral turpitude. However, the definition of that term is murky. It is important to have a good attorney who can help you navigate the confusing maze of terms and paperwork.

Crimes of Moral Turpitude

A crime of moral turpitude (CMT) has been defined as a “depraved or immoral act.” More narrowly, it has been defined as a crime involving force, deception or theft; something morally reprehensible, as well as against the law. Examples of CMTs include rape, murder, felony assault, robbery, fraud and forgery, though this list is not exhaustive.

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