Posted on December 28, 2013 in Family Law

With Governor Pat Quinn’s signature on November 20th, Illinois is now the 16th state in the US to recognize same-sex marriage. This means that on both a state and Federal level, same-sex marriage has the same rights, responsibilities, and guarantees as a marriage between a man and a woman. It also means that same-sex couples can dissolve their marriages with the same amount of stress and uncertainty as different-sex couples. But while the fight for equal rights to marriage is the most visible, the fight for equal rights to divorce is part of that struggle. And for couples in any of the states that do not recognize same-sex marriage, the fight goes on.

Mississippi Denies Divorce to Same-Sex Couple

Associated Press is reporting that Lauren Beth Czekala-Chatham was denied a divorce from her spouse of 4 years because the state in which she filed, Mississippi, does not recognize same-sex marriage. Lauren and her spouse, Dana Ann Melancon, traveled to California to get married in 2008. While they are married in the eyes of California, the many states that recognize gay marriage, and the Federal government, they were never married according to Mississippi.

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 Posted on December 27, 2013 in Personal Injury

Four youths were involved in a car crash in Olympia Fields that claimed the life of a 12-year-old boy the day after Thanksgiving, as reported by The chtribune. The driver, who is 13 years old, and the two other youth passenger were hospitalized, and have since been released having suffered only minor injuries. The police believe both speed and the driver's inexperience were factors in the crash, in which the car hit a tree. Police declined to release any further details on the accident.

Although the minimum age required to obtain a driver's license in the state of Illinois is 16 years old, all of the occupants of the vehicle were under 16. Their specific ages and any further identifying information was not released by police since they are all minors.

Almani Creamer was in the back seat, reportedly wearing his seatbelt when the car crashed. His mother was notified by police that her son was injured in a car accident, but she did not learn of his death until she reached St. James Hospital. He was supposed to spend the day at home as punishment for missing school assignments. His mother was aware he left the house because of a security feature she had installed on her cell phone, and had expected to scold him and take him home when she originally learned of the accident. She began her own investigation into her son's death on Thanksgiving.

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 Posted on December 23, 2013 in Personal Injury

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 Posted on December 20, 2013 in Family Law

With the holidays just around the corner, people’s thoughts are turning to celebration. No matter what religious or secular holidays are observed, there will likely be a feast, with the consumption of wine, beer, and other spirits as an inevitable part of the events. And, while most adults can enjoy drinking in moderation, some will have a hard time knowing their limits, crossing the line into an embarrassing form of inebriation.

But what does alcohol mean for marriage? If one spouse binges, is this an early indicator of divorce? Drinking is also responsible for many instances of domestic violence, right? As it turns out, the conventional wisdom surrounding alcohol use and abuse largely distorts the truth.

Drinking and Divorce? It Depends on Whether You Share

Many people view alcohol as a social ill that rips families apart. One of the main reasons given for the temperance movement that led up to Prohibition was protection of the family. It seems, however, that alcohol consumption alone is not as destructive on marriages as previously thought.

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 Posted on December 17, 2013 in Personal Injury

Although the calendar says December 21st will mark the beginning of winter, the weather early this month is proving otherwise. NBC recently reported about the winter storm that has been causing unsafe traveling conditions across the country, and the dangerous consequences of traveling in the winter weather.

In the Northeast, a storm of ice and snow caused power outages, flight cancellations, and car accidents on early in December. Many of the East Coast's major cities were hit hard, and were expected to experience another storm on just two days later.

The winter weather that hit the East Coast came from Texas and the Mid-South, where events including marathons and holiday celebrations were cancelled due to inclement weather. Over 22,000 residences in the Dallas area lost power.

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 Posted on December 13, 2013 in Personal Injury

Most individuals look to their physicians for solutions when it comes to matters of their health. Whether it is a chronic condition, a common cold, or something with life-threatening consequences, we place trust in our doctors to use their best judgment, exercise diligent care, and impart wise medical advice. Unfortunately, not every physician lives up to our expectations. Sometimes, their failure to do so is the basis for legal action.

Some cases of medical malpractice are pretty clear cut. Most people have heard the astonishing stories of surgical tools being left inside patients. But many other cases of medical malpractice are less obvious and require more proof. In order to have a successful case against a doctor for medical malpractice, a plaintiff must prove that the physician deviated from an accepted standard of medical care as established in their community, and that this deviation caused injury or death.

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 Posted on December 11, 2013 in Family Law

The good news is that Americans are staying married longer after decades of reported increases. According to the recent Census report, newlyweds married during the '90s are faring better than their counterparts who tied the knot in the '80s. Seventy-five percent of couples married in the latter decade are reaching their 10 year anniversaries, up three percent from those who celebrated their nuptials during the previous decade. The bad news still remains that one out of every two marriages in the United States will ultimately end in divorce.

If you and your spouse find yourselves part of the 50 percent considering divorce, a collaborative divorce may be an alternative option to the traditional legal process. Although collaborative law has been around since the 1990s, it is still a fairly new concept.

Born in Minneapolis, collaborative law defines divorce as a personal issue that includes legalities. This voluntary and contractual process provides all involved the opportunity to reach an amicable agreement on all outstanding issues outside of the traditional court system but if at any time the negotiations reach a stalemate, each collaborative attorney will excuse themselves and refer each individual to a litigation attorney. The case then proceeds to the traditional court for a final and binding divorce decree.

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 Posted on December 10, 2013 in Personal Injury

There are many safeguards designed and implemented to help keep drivers and their passengers safe on the roadways. However, these safeguards don't always operate as intended. According to ABC 15, recent lawsuits indicate that guardrails have become significantly more dangerous since 2005, when their model head changed, leading to more auto accidents.

The news story recounts various tragedies caused by guardrails: one lacerated the leg of an 18-year-old in Florida in 2010 after it punched through the floor of the truck the teen was riding in; the fatal injury of a mother in 2008 after a guardrail came straight through her SUV; a family involved in a crash in New York in 2001 when a guardrail cut through the wheel well and into the back seat, pinning a two-year-old in his car seat.

When Josh Harman realized that the guardrail heads were failing, he took action by filing a lawsuit against Trinity Industries, who manufactures most of the guardrails on roadways. Harman's position is that the newer guardrail model heads were smaller than the previous model used, and that they were not functioning as intended.

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 Posted on December 06, 2013 in Personal Injury

With the holiday season upon us, there will undoubtedly be an influx of cars on the road and increased traffic surrounding shopping centers and malls everywhere. Dealing with crowds at this time of year can be stressful, and the large amount of people out and about can make for hectic conditions. While it is always a good idea to use caution on the roadways in order to avoid an accident, it is especially true in the coming months to be aware of other cars and pedestrians as we navigate around local retail establishments, completing tasks on our holiday to-do list.

This issue of pedestrian-related car accidents comes up relatively frequently in Illinois and, more specifically, the Chicago area. A Chicago news story from the beginning of the month reports an unfortunate story about two pedestrians being hit by a driver, who was later attacked. At the national level, The Centers for Disease Control and Prevention state that a pedestrian is injured by a vehicle every eight minutes. This type of accident is usually found to be the driver's fault as the result of driver negligence. In common terms, negligence essentially means that the individual (in this case, the driver) was not exercising a reasonable amount of care when acting (or, in this case, driving). Some common scenarios involving driver negligence are when:

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 Posted on December 03, 2013 in Personal Injury

Workplace injuries are more common than one might think. CBS Chicago recently reported that a contractor died in an accident at ArcelorMittal in East Chicago. Michael Samuelson was working as a contractor at the ArcelorMittal Indiana Harbor West steel mill in East Chicago when he was killed in an accident in November. Two other contractors also working at the mill were injured in the same incident.

The Lake County Coroner's office reported that Samuelson's death was caused by blunt force trauma to the body. His death was ruled accidental.

The accident was caused by falling debris near the basic oxygen furnace at the No. 3 steel production facility in Indiana Harbor West. It occurred just before 7:00 a.m. on November 13th, after which security called police to the scene. The two injured workers were taken to St. Catherine Hospital in East Chicago.

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