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Recent Blog Posts

The Benefits of a Living Trust: Why You Should Consider One

 Posted on May 04, 2023 in Estate Planning

IL estate planning lawyerIf you're like most people, you want to ensure that your assets and property are protected for the future. One way to do that is by creating a living trust. According to a recent survey by Caring.com, only 42% of U.S. adults have estate planning documents, such as a living trust or a will.

At Lucas Law, we understand the importance of estate planning and can help you determine whether a living trust is right for you.

Avoiding Probate: A Key Benefit of a Living Trust

One of the biggest advantages of a living trust is that it allows you to avoid the probate process. Probate is the court-supervised process of distributing a person's assets after they die. This can be a lengthy and expensive process, often taking months or even years to complete. By creating a living trust, you can transfer your assets and property to a trustee, who can manage them for your benefit during your lifetime and distribute them according to your wishes after you die. This can save time and money, as well as ensure that your assets are distributed according to your wishes.

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How Slip and Fall Laws Work in Illinois

 Posted on April 11, 2023 in Premises Liability

IL injury lawyerAs we head into the spring and there is an increased chance of precipitation creating wet conditions all over the state, businesses all over Illinois will have to place an increasing emphasis on making sure that their property is safe. Dangerous property conditions are a common cause of most slip and fall accidents, and people can suffer severe injuries in these cases.

A slip and fall accident can often be a very confusing ordeal for most people because there can be considerable stress about how a person goes about recovering financial compensation for their injuries. The unfortunate truth in many of these cases is that businesses often claim that people were at fault for their own accidents, and there is often a refusal to pay anything.

Slip and Fall Lawsuit Process

Under 735 Illinois Compiled Statute (ILCS) § 5/13-202, actions for injuries to any person must be commenced within two years of the date of an accident. Simply put, a person is only going to have two years to file a legal claim, and people should not wait to seek legal help because waiting too long might not give a lawyer enough time to investigate a case.

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Helping Victims of Drunk Driving Accidents

 Posted on March 03, 2023 in Personal Injury

IL injury lawyerThe 2022 DUI Fact Book from the Illinois Secretary of State establishes that there were 20,131 driving under the influence (DUI) arrests in 2020, and the 254 people killed in alcohol-related crashes represented 21 percent of the 1,195 total crash fatalities. There is little doubt that drunk driving accidents not only have the potential to cause serious injuries, but people often die in these collisions.

Both people who suffer injuries and family members who lose loved ones are entitled to seek compensation from drunk drivers in these cases. The Fact Book also noted that 86 percent of people arrested for DUI in Illinois are first-time offenders, so many drunk driving accidents are the result of people not properly gauging their intoxication levels.

Illinois DUI Laws

A person is considered to be under the influence in Illinois when they have:

Understanding Powers of Attorney

 Posted on February 09, 2023 in Estate Planning

Barrington power of attorney lawyerWhen Buffalo Bills player Damar Hamlin went into cardiac arrest on the field on January 2, it was an alarming reminder of the need for people who can help oversee important medical decisions when a person becomes unable to care for themselves. A power of attorney is a powerful legal document that designates an agent to perform specified actions, including making health care decisions.

The Illinois Power of Attorney Act became law as 755 Illinois Compiled Statute (ILCS) 45/ and provides that the requirements for a power of attorney are an agent being designated with a written description of their powers, a properly signed power of attorney document that is signed by the principal that is properly witnessed by a person at least 18 years of age, and a principal acknowledging and identifying their own signature and having the document notarized. Only individuals of sound mind who are mentally competent can legally sign and appoint a power of attorney.

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Slip and Fall Season in Chicago Area 

 Posted on January 06, 2023 in Personal Injury

barrington slip and fall accident lawyerAs the weather turns to snow during the winter months, there is bound to be an increase in the number of wet floors in establishments all over Illinois. Business owners need to take steps to ensure that their guests are not at risk of slipping and falling. Slip and fall accidents are one of the most common kinds of personal injury claims in the United States. Individuals who are hurt in slip and fall accidents may seek financial compensation for damages such as medical expenses and lost income.

When a person slips or trips and falls in a public place such as a restaurant, a shopping mall, or any other business, then the property owner or manager may be liable for damages under the Premises Liability Act found in 740 Illinois Compiled Statute (ILCS) § 130/1. The owners of private residences may also be liable for damages. Typically, a property owner’s insurance company is ultimately responsible for the damages. 

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Can I File an Injury Claim for a Pedestrian Accident? 

 Posted on December 14, 2022 in Personal Injury

barrington personal injury lawyerIllinois has seen a flurry of news stories about pedestrian accidents recently that have alarmed many people who walk to and from destinations. This fall, a 43-year-old Aurora woman was flown to the hospital after being hit by the passenger side mirror of a passing truck. A 47-year-old woman was killed after being hit by a car while attempting to cross Algonquin Road in Lake in the Hills. On November 4, a 16-year-old student was taken to Lutheran General Hospital with possible head injuries was struck by a car Friday at the intersection of Dundee Road and Arlington Heights Road.

Pedestrian Accident Injury Claims

Pedestrians are far more susceptible to serious injury in motor vehicle accidents because there is no vehicle to protect them and limit the damage associated with a collision. A pedestrian will not have the benefit of a vehicle frame, seatbelt, airbag, or any protections.

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Common Kinds of Construction Accidents in the Winter

 Posted on November 03, 2022 in Construction Accidents

barrington construction accident lawyerAs the weather in Illinois starts to get colder, people can be of the belief that construction projects will be on hiatus until summer arrives again. Nothing could be further from the truth as many construction workers will be battling the elements and still trying to complete a variety of jobs.

When any person is involved in a construction accident in the greater Barrington area of Illinois, it is always important to quickly retain legal counsel for help having a proper investigation into the accident performed. While most workers cannot sue their employers, supervisors, or co-workers for construction site injuries, there are often cases in which third parties may be liable and do not have immunity in civil cases.

Possible Hazards for Construction Workers in the Winter

The United States Bureau of Labor Statistics (BLS) reports that there were 42,480 workplace injuries involving ice, sleet, or snow requiring at least one day away from work for recuperation. The accidents were the result of falls, slips or trips; overexertion and bodily reaction; transportation incidents; and contact with objects and equipment.

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How is a Will Executed According to Illinois State Law?

 Posted on October 24, 2022 in Estate Planning

barrington estate planning lawyersCreating a will can be a complicated legal task. The process for executing a will is not nearly as simple as having the executor place his wishes regarding the disposition of his future estate property in writing and sign it. There is a legally-proscribed method for executing a legally effective will. The rules regarding how a will is to be executed are often interpreted quite strictly. A single deficiency in the execution procedure could lead to the entire will being held as invalid and set aside, forcing an estate into the intestacy process. To ensure that all formalities required for the creation of a valid will have been upheld, it is best to execute your will only in the presence of or at the explicit direction of your attorney. While not always possible in certain circumstances, such as when a testator is in the hospital or a skilled nursing facility, a lawyer’s office is generally the most secure place to execute your last will and testament. 

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Can I File a Lawsuit if My Family Member Was Killed in a Car Accident?

 Posted on September 14, 2022 in Motor Vehicle Accidents

Barrington wrongful death lawyerLosing a loved one because someone decided to drive carelessly is a devastating experience, especially when the deceased family member was the main income earner or the primary caregiver of young children. No matter what the deceased’s role in the family was, survivors feel the loss acutely and may wonder if they can take legal action.

In Illinois, enumerated close family members may be able to file a wrongful death action against the negligent driver responsible for the crash. If your close family member was killed by a negligent driver, you should speak to an attorney as soon as possible. 

Which Family Members Can File a Wrongful Death Lawsuit?

In Illinois, only certain close family members have standing to file a wrongful death action. Eligible next of kin may be the decedent’s: 

  • Spouses - Spouses rely on each other in numerous ways. A spouse is likely to be hard hit by the sudden loss of their partner in marriage. 

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What Is a Living Will?

 Posted on August 11, 2022 in Estate Planning

IL estate planning lawyerMost people think of estate planning as deciding what happens to your belongings after you pass away. While this type of planning, called testamentary planning, is a very important part of estate planning, there is much more to it than that. A thorough, comprehensive estate plan also includes planning for potential future incapacity. People are living very long lives these days, and the fact is that many of us will one day reach a point where we can no longer make important decisions for ourselves, including medical decisions. By using a living will combined with powers of attorney, you can make certain important choices regarding your future medical care now. An attorney can help guide you through creating one so that you can take control of your own later-in-life care.

What Decisions Can I Make Using a Living Will in Illinois?

Living wills are used to govern end-of-life care for people who are terminally ill. The main purpose of a living will is to allow people to choose for themselves whether they would want to receive life-prolonging care in the event that they become terminally ill while unable to make decisions for themself due to incapacity.

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