Posted on January 19, 2014 in Personal Injury

If you are injured as a result of another's negligence--perhaps in a car accident or via medical malpractice--then you may file a civil lawsuit seeking "damages" for your losses in the accident. Asking "What is my case worth?" is simply another way of questioning what damages are likely to be awarded either by a judge or jury after trial or via a settlement. It is impossible to predict with certainty exactly what one might recover, but an experienced attorney can explain what is reasonable based on the specifics of your case.

Compensatory damages, frequently referred to as "actual damages," includes all those losses most commonly associated with an injury. These are the costs directly associated with the accident, including the physical, mental, and emotional damage inflicted on the plaintiff. In other words, actual damages strive to make a plaintiff "whole" by repaying them in an attempt to place them in the position they were in before the accident. In Illinois accident cases, actual damages that are likely to be awarded include compensation for medical bills, property damages, lost wages, and pain and suffering.

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 Posted on January 14, 2014 in Personal Injury

According to the chtribune, the Illinois Department of Transportation reported that 2013 marked the second consecutive year that traffic deaths within the state were on the rise. The 956 traffic fatalities of 2012 were an increase from the 918 number the year before, and 2013 marked another increase with 973 crash-related deaths. That is a nearly four percent rise over the last two years.

While the numbers reflected above may not seem promising, 2013 actually marked the fifth year in a row in which traffic fatalities in Illinois did not break the 1,000 mark. This echoes the national trend of decreased crash fatalities overall, and the recent rises represent normal fluctuation within the historically low numbers.

Experts suggest that rather than putting too much emphasis on the data year-to-year, the focus should be on the larger picture and how one year's numbers compare to previous decade's data. For example, in 2009, Illinois experienced 911 traffic fatalities; the lowest since 1921. In 2004, 1,355 people died from crash related injuries, and the number hit its highest in 1941 with 2,600 deaths.

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 Posted on January 12, 2014 in Immigration

Reuters recently reported that there are concerns among Latinos and other immigrant communities that signing up for healthcare under Obamacare may bring increased inquiries into whether those that have signed up are legally residing in the United States.

Most on both sides of the aisle agree that the success of Obama’s healthcare law depends on how many people sign up for the program.The Obama Administration has made a substantial effort to bring Latinos into the fold, and many pundits agree that Latinos are key to the success of the Affordable Care Act. Not only are Latinos in the United States younger than the population as a whole – which means they are healthier and as a group are considered net contributors – but there are roughly 10.2 million Latinos in total that could be signed up for new insurance plans.

Although well over 900,000 previously uninsured Latinos adults under 25 now have insurance through the expansion of some health insurance plans, enrollment across the country has not been as high as hoped for. In California, for example, roughly 13 percent of the marketplace’s new members are Latino.

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 Posted on January 12, 2014 in Family Law

Divorce is painful, emotional, and complex. It touches every part of your life, and if you have children, you will likely have to deal with the fallout for years. Once the marriage is dissolved, new problems can easily crop up. One such problem that lawmakers, family law attorneys, and divorced people have tackled with varying levels of success is child custody and visitation.

In Illinois, the involvement of both parents in the raising of the child is a matter of public policy written expressly into the Marriage and Dissolution of Marriage Act. To this end, both parents have the right (if not the duty) to participate as much as they can in the upbringing of their children. If either parent interferes with the visitation or custody order from the court, absent a good reason, they open themselves up to liability from the courts. The parent with whose rights have been interfered has options on how to correct the interference.

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 Posted on January 11, 2014 in Personal Injury

On January 1st, 2014, hundreds of new laws went into effect in the state of Illinois. Issues addressed by the new laws taking effect cover a multitude of topics, ranging from medical marijuana and laws affecting minors to traffic regulations. One such law includes a change in the speed limit on interstate roads in the state of Illinois.

As reported by the Washington Times Reporter, this year, the speed limit on interstate highways in Illinois will increase to 70 miles per hour from the previous speed limit of 65 miles per hour. Now Illinois is among the 35 states that has set the interstate speed limit at 70 miles per hour or higher.

Even though the speed limit increase is set to take effect, the Illinois Department of Transportation said the new highway signs posting the change are not expected to be placed along roadways until later this month. That department will be tasked with producing and installing the new speed limit signs.

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 Posted on January 07, 2014 in Personal Injury

Most car accidents involve contacting the drivers' respective insurance companies to cover any damages and costs incurred due to injuries sustained. A common problem that many encounter when doing so is dealing with a motorist that was under-insured at the time of an accident. Essentially this translates to not having enough coverage to pay for the cost of the damage or injuries caused. This problem may be curtailed after the end of 2014.

Beginning in 2015, a portion of motorists in Illinois will have to pay higher premiums for their car insurance in order to maintain higher minimum liability coverage within their policy limits. Governor Pat Quinn approved the new law, which will go into effect January 1, 2015. While this change is meant to benefit future plaintiffs, for those already injured in a car accident at someone else's fault, the change is coming too late. CBS 2 Chicago recently reported on the law change, and outlined the story of one such unfortunate man who was hit by a vehicle while riding his bike last year, and suffered significant injuries as a result.

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 Posted on January 05, 2014 in Immigration

A recent report from Fox News states that a federal judge in Texas has accused the Department of Homeland Security (DHS) “of hand-delivering children smuggled into the United States to their illegal immigrant parents.” The judge, U.S. District Andrew S. Hanen filed the report in court in mid-December, and said that the practice had the effect of aiding both human traffickers and the drug cartels. “These actions are both dangerous and unconscionable,” Judge Hanen wrote in the statement.

The judge’s missive, according to Fox News, built on well-documented evidence that the DHS currently allows some illegal immigrants to stay in the country, “particularly those who came the U.S. as children.” In his statement Judge Hanen outlined that the “conspiracy” goes even further and “claimed that, in more than one case before his court, immigration officials are arresting human traffickers smuggling children into the U.S.,” who are then shuttled off to their parents living illegally elsewhere in the States.

Other national figureheads, including National Immigration and Customs Enforcement (ICE) Council union president Chris Crane, told Fox that, “the judge’s claims are ‘absolutely correct.’” Border agents, Crane said, can’t stay on top of the vast numbers of minorities crossing the border. Because immigration officials are “tasked with finding a place for the children to go,” it’s sometimes easier to send the kids along to their illegal parents in the U.S. rather than send them back to their home country.

According to The New York Times, there are approximately 11.7 million illegal immigrants who are currently living in the United States. An immigration reform law is still on the docket in Washington “that could include a pathway to legal status or citizenship for millions of unauthorized immigrants,” according to the Times.

If you or someone you know has questions about immigration or is seeking legal counsel to change your citizenship status, contact an immigration attorney from the Mevorah & Giglio Law Offices today.

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 Posted on January 05, 2014 in Family Law

Divorce is a headache. Like in all legal matters, you can choose to represent yourself. This will save on lawyer’s fees and you will have more control over your case’s strategy. Most people going into divorce are doing it for the first time though, and hopefully will never do it again. This lack of experience can lead to serious pitfalls, which an experienced Illinois family law attorney knows to avoid.

Assuming you hire an attorney to represent you in your divorce, you may still be in for a headache. The process could take months or years, and you will likely disagree with your ex about a number of things. The uncertainty and confusion can be daunting. What can be even more confusing is issues of jurisdiction. To put it another way, do you know if it is even possible for you to get a divorce in Illinois? And, if so, will it be valid everywhere?

Divorce and the Constitution

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 Posted on January 03, 2014 in Personal Injury

Earlier this month, KFVS12 reported on an accident that occurred in a construction zone. The crash, which happened on Illinois Route 14 and Hamilton County Road 1575E, injured a worker that was working in the area on December 4th. The construction worker was sent to the hospital as a result of his injuries, and may be able to receive workers' compensation.

As stated by Illinois State Police, the injured worker was seated in his stopped truck while working in the marked construction zone, and had the vehicle's hazard lights flashing at the time of the accident. State Police say the driver hit the rear of the worker's truck with her sport utility vehicle. Another construction worker, who was standing on the running board of the truck, was forced to jump off in order to avoid being involved in the accident himself.

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 Posted on December 30, 2013 in Personal Injury

It is reasonable to say that the vast majority of adults and teenagers are aware of the dangers of texting and driving, and have heard at least one unfortunate account involving the negative consequences of using a cell phone while behind the wheel of a car. In light of this, it is perhaps not surprising that the legislature has stepped in to address this issue. Beginning on January 1st, 2014, it will be illegal to use cell phones while driving in the state of Illinois.

The Crystal Lake Patch reported on the new law in a recently published article. The ban on cell phone use will include the use of all other communication devices, and will consist of talking on the device or using it for another purpose. However, it should be noted that, according to the Illinois General Assembly website, the law does contain the following exceptions, among others:

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