Posted on January 26, 2016 in Personal Injury

Each year, thousands of nursing home residents are abused or neglected in long-term care facilities. Tragically, some of those cases result in death. Others, though maybe not immediately fatal, can severely diminish quality of life. Some states have turned to video surveillance, hoping it might reduce the number of abusive incidents. Yet could this provision truly improve patient care? Or does it become an issue of privacy?

The Disturbing Prevalence of Abuse and Neglect in Nursing Homes

Although there is no real data on the total number of allegations of nursing home abuse and neglect, estimates from the U.S. Department of Health and Human Services Inspector General’s office figures that at least 85 percent of all nursing homes had at least one report filed against them in 2012, which equates to about 60,000 allegations per year.

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 Posted on January 25, 2016 in Family Law

Implemented January 1, 2016, Senate Bill 57 has brought a lot of changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). In many ways, it is meant to simplify the system, but it is nearly a complete overhaul on the law governing marriage, divorce, custody, and child support. So what do all these changes mean for your family law case in 2016? The following points explore the basics.

“Heart Balm” Actions and “Fault” Divorce

“Heart balm” actions, or civil actions brought by third parties because of a broken heart, have been eradicated by Senate Bill 57. Used to place blame for marital or couple issues, such as alienation of affection, breach of promise to marry, and “criminal conversion” (adultery), these actions were deemed outdated and potentially damaging to all involved parties by the general assembly in the Illinois Bar Law Journal.

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 Posted on January 21, 2016 in Immigration

When a potential immigrant wants to come to the United States, he or she must meet all requirements for the visa or status he or she wishes to obtain. Many nonimmigrant visas in particular require that a person not be (or be at risk of becoming) ‘a public charge,’ but there is some significant confusion about what that actually means.

General Information

The concept of public charge has been a part of U.S. immigration law for many years, and is governed by Section 212(a)(4) of the Immigration & Nationality Act. What it means is that if someone wishes to immigrate or adjust status, he or she may be denied or ruled inadmissible if he or she is “likely to become a public charge.” If someone has an affidavit of support (that is, an affidavit from an employer or family member showing that the person will be provided for), then he or she is generally presumed not to be at risk of becoming dependent on government benefits.

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 Posted on January 19, 2016 in Personal Injury

Big cities present many dangers—gridlock traffic, crime, and masses of people all can contribute to frayed tempers. However, one major concern today is distracted driving. Technology, coupled with inattention or drivers whose ability is compromised by way of alcohol or drugs, can prove deadly for innocent pedestrians.

According to the National Highway Transportation safety Administration, “In 2013, 4,735 people were killed in pedestrian/motor vehicle crashes, (that equates to) more than 12 people every day of the year.” In 2013, 125 pedestrians were killed in Illinois.

Possible Scenarios

Several factors may lead to a deadly pedestrian accident. And while pedestrians, too, must make a point to be safe and seen, drivers do not own the roads; everyone—walker, cyclists and motorcyclists—shares them.

Various statistics demonstrate the typical factors where pedestrian accidents occur. These statistics include the following:

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 Posted on January 18, 2016 in Family Law

While most people recognize that divorce is a massive undertaking, many still underestimate just how complex, taxing, and exhaustive the process can really be. It is this lack of understanding that often keeps them from developing an effective and comprehensive exit strategy. As a result, they may unintentionally and unnecessarily extend the already time-intensive process, which drains even more of their energy and resources. Avoid this common pitfall with the following tips.

Employ the Help of a Therapist or Psychologist

In the midst of a divorce, it is easy to make decisions based on emotion—even more so if the divorce is occurring because of infidelity, addiction, abuse, or other dangerous or emotionally triggering circumstances. A therapist or psychologist can help you stay grounded, give you a professional to help you decide whether you are making your decisions out of practicality or out of anger and resentment. Additionally, it should be considered that, when paying for a divorce, billable hours with your therapist will ultimately cost less than trying to battle matters out in court.

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 Posted on January 14, 2016 in Immigration

If someone wants to become a United States citizen or adjust status, he or she is generally aware that the process is quite complex. Providing all the relevant documents can take years. However, the most commonly confused provision is that requiring ‘good moral character.’ This term is not clearly defined in U.S. immigration law, and without a concrete understanding of what is required, your naturalization application may be turned down.

A Subjective Definition

The United States Citizenship & Immigration Services (USCIS) Policy Manual defines good moral character as “character which measures up to the standards of average citizens of the community in which the applicant resides.” This definition, as one might guess, is extremely subjective and difficult to define in hard terms.

Generally, if someone does not have a criminal record, it is a point in their favor. However, the mere existence of a criminal record is not an immediate bar to citizenship. The crime in question must be serious—something that is referred to in other immigration jurisprudence as a crime of moral turpitude (CIMT), which is also arguably not well defined. A crime of moral turpitude is a crime that has the potential to shock the conscience of the average person—but this, like the standard for good moral character, is highly subjective.

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 Posted on January 12, 2016 in Personal Injury

Designed to keep people safe, national recalls extend to everything from toasters and blenders to cars and medical devices. There is one industry that remains untouched, however, despite having caused thousands of deaths and even more injuries. Interestingly enough, this very same industry is solely dedicated to the creation and distribution of lethal weapons.

National Recall Double Standard

Vitamin makers have 15 days to report a hospitalization or death linked to one of their products. Every other one of the 15,000 products governed by the Consumer Protection Safety Commission has just 24 hours to notify officials that one of their products could pose a substantial risk of injury. Yet gun manufacturers are under no obligation to report defects, injuries, hospitalizations, or other incidents—not to consumers, and certainly not to the government.

Because of this lack of accountability, there are scores of potentially defective firearms in the hands of consumers. Of course, no one knows for certain since they are not obligated to report such incidents. However, the Centers for Disease Control and Prevention says that there were 215,422 non-fatal unintentional gun injuries between 2001 and 2013, and another 8,383 deaths.

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 Posted on January 11, 2016 in Family Law

Among most age groups, divorce rates have begun to level out. However, statistics show there has been an increase of late-life divorces, otherwise known as ‘grey’ or ‘silver’ divorces. Of course, divorce can happen at any age, and after any number of years of marriage, but experts believe there may be some unique factors contributing to the recent incline of divorces among those nearing or already of retirement age.

Children Have Left the Nest

Even today, many couples continue to stay together for their children. But what happens when the children have all grown up and you are still unhappy or unfulfilled? For many, the answer is to finally seek out that divorce. Of course, even adult children often want their parents to stay together. However, most “happy enough” but unfulfilled people feel their children no longer have any influence when it comes to making a decision about their relationship.

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 Posted on January 07, 2016 in Immigration

No one wants to be a refugee. The people who are forced to leave their homes simply want to live free of harm. However, to be accepted as a refugee in the United States is very difficult, and often cannot be done without an experienced legal professional by your side. Understanding the process is a critical first step.

The 1951 Convention

United States refugee law is primarily predicated on the 1951 United Nations Convention on the Status of Refugees and its 1967 Protocol. It is in the Protocol that the term refugee is defined, and the U.S. has adopted it into federal law. The definition of the word refugee is “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion.”

This definition appears to be common sense, but in reality, it sets out a series of legal benchmarks that anyone wishing to obtain status as a refugee must meet. They must show that they have not only a fear of being persecuted, but that their fear is ‘well-founded,’ and it must be directly related to a characteristic they possess (or that people think they possess). To prove all these criteria, as well as complying with all administrative procedures, is a long and difficult path. However, some have no other choice.

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 Posted on January 04, 2016 in Personal Injury

Hoverboards turned out to be one of the hottest gifts this holiday season; however, some new owners are experiencing a heavy sense of buyer’s remorse after their new toys unexpectedly caught fire. With more and more reports of such incidents pouring in, these items are now expected to cause a wave of product liability lawsuits.

Nearly Two Dozen Fires Already Reported

According to Fox News, the Consumer Product Safety Commission (CPSC) is already investigating 22 reports of hoverboard fires. Two of those cases have already resulted in pending lawsuits—one in Alabama and one New York. In response to those fires, the CPSC has issued a broad warning to consumers regarding the potential for fire, and airlines have banned the scooters because of their potential safety risk.

Early Reports Indicate All Brands at Risk

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