Posted on September 15, 2016 in Personal Injury

The reminders about cell phone use behind the wheel are everywhere – in the media, on social platforms, plastered across billboards and signs, and even in messages you hear while on hold with your cell phone provider. Yet the distracted driver problem continues to grow. In fact, a recent study from the National Safety Council (NSC) revealed some highly disturbing information: cell phones are a factor in one out of every four car crashes.

Just How Big Is the Problem?

According to the NSC’s data, more than 240,000 crashes involving the use of a cell phone occurred in 2014. In those accidents, more than 3,000 people were killed and more than 430,000 were injured. Since that time, the problem has continued to grow. In fact, it is estimated that, at any given moment, as many as 660,000 drivers are using their cell phones while driving.

Texting While Driving Is Not Always the Issue

Continue Reading ››

 Posted on September 13, 2016 in Family Law

Mediation, an alternative dispute resolution (ADR), gives couples the chance to work out their differences in a controlled, neutral environment. It encourages them to compromise and develop creative solutions that work for their family. Though not for everyone, there are many benefits to choosing this route for your divorce – benefits that can be reaped by the entire family.

Mediation Can Save You Money on Your Divorce

Traditional divorce, or litigated divorces, can quickly accrue costs. First, there is the filing fee and court costs. Then you have your attorney fees, which can vary greatly and are dependent upon several factors, such as the level of contention between parties, size and complexity of the marital estate, and each party’s willingness to compromise. Mediation works a little differently. Though each party may still have an attorney present to ensure their rights and interests are not infringed upon, the process encourages the parties to work together. This can ultimately result in less billed time with the attorney, which can thereby reduce the overall cost of the divorce.

Continue Reading ››

 Posted on September 12, 2016 in Immigration

The United States is a country that plays host to great things and people. However, its relative prosperity makes it attractive to many types of criminals, including human traffickers and others who cause innocents great degrees of harm. If you are a victim of a crime, and you are in the U.S. or you were the victim of someone breaking U.S. laws, you may be entitled to immigration benefits if you assist law enforcement in their pursuit of your attacker.

Requirements

United States Citizenship & Immigration Services (USCIS) lays out several criteria that must be met in order for you to possibly be eligible for a U visa, which is the type granted to crime victims. Some include:

• You have suffered “substantial physical or mental abuse” as a result of having been a crime victim;
• You are able to assist law enforcement in prosecuting this criminal activity, and you possess relevant information;
• The crime either occurred on U.S. soil, violated U.S. laws, or both; and

Continue Reading ››

 Posted on September 08, 2016 in Personal Injury

People are victims of dog attacks more often than you think. Each day, about 1,000 Americans, require emergency care treatment for dog bite injuries. Many of these victims are children. The emotional trauma that results from a scary event can be long lasting and can manifest in different ways. An incident that seems like a harmless event to a young child could result in long-lasting issues for them. The scarier it is, the worse the effects can be. Unprovoked attacks from dogs are no exception. The type of harm dogs can impose on young bodies is extremely serious and can be deadly.

If this has happened to you or a loved one, you should consult with an experienced personal injury lawyer to establish your legal rights. There are laws to protect and prevent such attacks and if a dog owner has flouted these rules, you may be due compensation for the pain and suffering you have endured.

Laws to Protect Against Dog Bites

Continue Reading ››

 Posted on September 06, 2016 in Immigration

On June 23, the U.S. Supreme Court handed down a ruling in the case of United States v. Texas (2016), which had sought to decide, in the long term, whether the immigration reforms proposed by President Obama in November 2014 were, in fact, a proper exercise of executive power. The court, sitting with 8 members due to the passing of Justice Scalia and a failure to confirm a replacement, issued a one-line per curiam opinion. As a result of this failure to act, many immigrants remain either in a position where they must fear removal proceedings or are in status limbo.

The Ramifications Of The Ruling

The case at hand is not the wider question of whether President Obama’s Deferred Action for Parents of Americans (DAPA) program is viable, but rather whether the states opposing it have standing to sue to stop it. Standing is a legal principle that states that a person must be injured ‘directly and concretely’ by something in order to be able to bring suit against it. Texas and 25 other states claimed injury, and thus standing, but the federal government opposed.

Continue Reading ››

 Posted on September 06, 2016 in Family Law

While some states have couples split their assets evenly, Illinois divides the marital estate “fairly.” Of course, this obscure term can mean a lot of different things to a lot of different people. Indeed, what seems “fair” in the eyes of the court – or in the eyes of your spouse – may not seem very fair to you. How do you put things into perspective, and how can you ensure that you do, in fact, get your fair share in divorce? The following tips can help.

Know What You Own

One of the biggest reasons that couples get shortchanged in divorce is that they walked into the process not knowing what they and their spouse owned. You see, before the marital estate can be divided, it must be valued. This value will not be accurate if there are missing asset. Start by looking for evidence of savings accounts, stocks or bonds, non-monetary assets (collector’s items, expensive jewelry, art, etc.), bank accounts, investment accounts, and retirement accounts that may not have been disclosed to you during the marriage. Then gather documentation and submit it to your attorney.

Continue Reading ››

 Posted on August 26, 2016 in Immigration

There are multiple ways to apply for permanent residency, depending on your situation. Some may be able to adjust status from inside the United States, such as those who marry citizens. Others must apply abroad or can do so by mail. Regardless of how you apply, there are no guarantees, and sometimes your application will be denied. Many of the reasons given for denial can actually be overcome, provided that you comply with the appropriate procedures. Some, however, cannot, and the consequences must be dealt with.

Most Common Reasons & Specific Statutes

While it may seem like it, U.S. immigration law does not actually grant a consular officer broad discretion to deny visas for no reason. You will be provided with a reason for denial when you receive word from U.S. Citizenship & Immigration Services (USCIS) - the most common reasons are actually able to be overcome, for the most part, especially if you are applying from outside the U.S., as most immigrant spouses are. The Immigration & Nationality Act will group them differently based on the method you use to apply for permanent residency, but there are specific sections of the law that apply.

Continue Reading ››

 Posted on August 25, 2016 in Personal Injury

All across the state, users of marijuana are rejoicing. The reason for celebration? Governor Bruce Rauner recently signed a bill that decriminalizes the possession of small amounts of marijuana. In theory, this could be a positive thing: state funds spent on jailing low-level, nonviolent offenders decrease and fewer Illinois residents experience the long-term effects of a drug charge on their record. Yet, when you take a close, hard look at the trends in other states, the recent bill’s passing may carry an even heavier cost, particularly when it comes to auto accident deaths.

Traffic Fatalities Involving Marijuana Intoxication Are Increasing

Although Illinois drivers can still be convicted of a DUI for testing positive with five nanograms of THC per milliliter or more in their bloodstream, the decriminalization and outright legalization of the drug has led to a sharp increase in the number of traffic fatalities involving marijuana intoxication across the country. In fact, one study found that fatal crashes involving drivers with THC in their system tripled, going from 4.2 percent of deceased intoxicated drivers to 12.2 percent. Though still a far cry from the rates of drunken drivers, the increase suggests that marijuana intoxication could likely continue to increase as more and more states continue to legalize its use and decriminalize possession.

Continue Reading ››

 Posted on August 23, 2016 in Family Law

Children are placed for adoption in a variety of ways, under an array of circumstances, and for a wide range of reasons. Most grow up to be happy, well-adjusted adults. That does not necessarily quell their curiosity, however. In fact, a large percentage of adopted children want to know where they came from, why they were placed for adoption, or what life might have been like, had things worked out differently. Around half end up searching for answers to those questions.

What Adopting Parents Should Know

According to the Child Welfare Information Gateway, around half of all adopted children eventually search for their birth parents. Some are simply looking for health-related information, but others are looking to satisfy their curiosity and to ask questions surrounding the nature of their adoption. However, not every adopted adult searching for answers finds what they are looking for. In fact, many come to a dead end. In some cases, it is because the birth parent signed a no-contact veto, which legally keeps most of their information private. However, in many cases, it is simply because the agency did not collect enough information to effectively track down a birth parent.

Continue Reading ››

 Posted on August 19, 2016 in Immigration

While most people are well aware of the rights that come with becoming a U.S. citizen, there are also very distinct responsibilities that accompany this status. While these responsibilities are fairly common sense in most respects, it is still foreseeable that not being aware of certain requirements could land you in trouble later on in life. While a list is given to you when you naturalize, it is important that you truly understand each item, be it a perk or an obligation.

The Rights of Naturalized Citizens

Of course, once you become a naturalized U.S. citizen, you enjoy all the same rights as a person who was born in the country. You are entitled to all Constitutional rights, such as the right to vote, the right to an attorney under the Fifth Amendment (in certain instances, immigrants are not entitled to be represented by an attorney unless they pay for the service), and the unfettered right to employment, including government jobs and other potentially sensitive positions that are not open to non-citizens. You are also entitled to more intangible benefits such as specifically enumerated freedoms you may not have enjoyed in your former country.

Continue Reading ››