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Recent Blog Posts
Understanding Powers of Attorney
When 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.
Slip and Fall Season in Chicago Area
As 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.
Can I File an Injury Claim for a Pedestrian Accident?
Illinois 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.
Common Kinds of Construction Accidents in the Winter
As 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.
How is a Will Executed According to Illinois State Law?
Creating 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.
Can I File a Lawsuit if My Family Member Was Killed in a Car Accident?
Losing 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:
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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.
What Is a Living Will?
Most 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.
Alarming Statistics About Distracted Driving
Distracted driving is responsible for on average, over 3,000 fatalities each year nationwide. These are some of the most preventable traffic deaths - all drivers must do to avoid these serious car accidents is to pay attention to the road. One of the most important duties drivers have is to remain aware of what is going on around them. Drivers who are simply not watching the road can find themselves causing a major wreck very, very quickly. Cell phones are one of the most common distractions. Countless public awareness campaigns regarding cell phone use while driving have likely had some effect, but distracted driving remains a serious problem. If you were injured by a distracted driver, an attorney may be able to help you recover compensation.
What You Should Know About Distracted Driving in Illinois
Everyone knows better than to send a text or check their emails while they are driving. Cell phones often come with a built-in “driving mode.” Navigation systems like Waze often have safeguards built in to prevent drivers from changing the settings while their vehicle is in motion. However, people continue to focus their attention on devices rather than the traffic around them. Some alarming statistics about distracted driving include:
5 Things to Expect During Illinois Probate
Probate is not a quick and easy legal proceeding. It can take time, money, and a lot of patience to get through. It can also take significant legal skills if there are difficulties at any point in the process. When you are grieving the loss of a loved one, probate may be the absolute last thing you want to deal with. The added stress of trying to handle a complex legal procedure alone can be overwhelming. There are parts of probate that may be frustrating or confusing. There are a lot of parties who need to be notified, and there is a strong possibility that at least one dispute or claim will need to be settled. In some cases, probate can take upwards of a year. You should be ready for some type of challenge to arise. Working with a probate lawyer can help alleviate the burden of probating your loved one's estate.
The Realities of Going Through Probate in Illinois
Especially if this is your first experience with a probate court, you might be feeling very overwhelmed. The process is not as simple as submitting a will and distributing estate property. If your loved one did not leave a will and you are facing intestate probate, the process may be even more complex. A few things you should expect during probate include:
4 Ways a Car Accident Can Change Your Life
Most of the time, getting hurt in a car accident is a temporary problem. While being injured b a negligent driver can be deeply upsetting and physically painful, odds are, your life will eventually go back to normal. However, in the most severe cases, a car accident can be permanently life-altering. Not all injuries can be fully healed. Some people may find themselves needing help with tasks they used to be able to perform independently. Others will have to change career paths or miss out on achieving other goals they had. The one saving grace in this type of situation is that you can be compensated for the full amount of harm that was done to you. When you have been seriously injured in a motor vehicle crash, you will want an experienced lawyer to handle your case. Simply adding up all the costs associated with your accident can be a daunting task.
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