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Archive for August, 2011

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5 Cases Where You Could Ask For Punitive Damages

Wednesday, August 31st, 2011

When someone has done you wrong, they should owe you money damages to try to compensate you for what has been done to you.  But sometimes a person’s bad actions are done with such evil motive, that they might have to pay an additional penalty—punitive damages—to punish and to deter future similar behavior.  But punitive damages are not available in all types of lawsuits.  Here are some cases in Illinois, where you could ask for punitive damages:

1.  Intentional injury to another person.  If someone intentionally hurt or threatened to hurt you physically, you may have a claim for assault and/or battery.  This claim allows you to ask for punitive damages for the violence committed against you.

2.  Defamation.  Saying or writing something false that causes harm to someone is defamation.  Some cases for defamation allow for punitive damages.  They are available where you can show that the defamatory statements were made knowing they were false, or without regard to whether they were true or false.

3.  Product liability.  Where you have been hurt by a product that someone manufactured you may be entitled to punitive damages if you can show that the manufacturer blatantly disregarded proper standards, or showed complete indifference to public safety needs.  Did the manufacturer know that the product was unreasonably dangerous and could cause injury, yet did not take any steps to fix the condition or warn the public?

4.  Retaliatory discharge.  If your job was affected after you filed a workers’ compensation claim, you can ask for punitive damages in addition to your actual losses.  This is the case whether you were fired from your job because of the workers’ compensation claim, threatened with firing, demoted, or otherwise suffered in your job because of your workers’ compensation issue.

5.  Violating a position of trust or duty.  If you are in relationship with someone that involves a high level of trust or confidence (such as a corporation’s board of directors and its shareholders, and trustees and trust beneficiaries), then you are owed a high duty to have that trust respected.  For this reason, punitive damages may be available when someone breaches that duty to benefit personally.

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Clearing Up Your Illinois Criminal Record

Monday, August 29th, 2011

Whether you’re applying for a job or going through a custody battle, or you’ve changed your life and want to move past your past, there are significant reasons to want to have your criminal record cleared.  Unfortunately, while just about everything sticks, not everything can be removed.

There are two main ways your record can be cleared.  You can have it expunged, which completely eliminates it and removes your name from the public record.  It’s as though it doesn’t exist, except that in some instances law enforcement may still be able to see it.  Or you can seal the record, which removes it from public view and access, but the record itself still exists.  Under certain circumstances a court order could be issued requiring its release.  Law enforcement also will have access to sealed records.

In addition to the fact that expunged and sealed records don’t necessarily clear your record as cleanly as you might like, there are also limitations as to when you can clear them at all.  For example, if you have had any other convictions, you may not be entitled to remove a subsequent offense from your record.  Also, most felony convictions cannot be expunged or sealed.  There can be other reasons, too depending on the nature of your case, that your request may be denied.

It takes some time for the process of clearing your record to be completed, and the time may be even longer depending on how backlogged the system is, and whether there is an objection to your petition.  Once it’s successfully completed, you do not generally have to disclose your criminal convictions if asked.  However while your petition is still pending and there has not been a decision on the expungement or sealing, your criminal record remains intact, and would have to be disclosed.

Sometimes, even if you are not guilty, you may be tempted to just plead guilty to a charge, and think you can clear up your record later.  But it’s important to remember that your entire criminal history, including your arrests, are potentially permanent and can affect you in many aspects of your life into the future.  An attorney that is experienced in criminal matters and expungement can help you navigate this course, and explore your options.  Even where the option of clearing your record is available, it will not happen just by the passage of time.  You have to go through the process to clear your criminal record.

Posted in Criminal Defense in Illinois | Comments Off

Give Me a Break—Not So For Illinois Workers

Friday, August 26th, 2011

Hard-working employees of the state of Illinois may be looking for a break.  But their employers are not generally required to give them any breaks during the work day.  Currently there is no rule in Illinois mandating that employers allow any paid or unpaid rest time during a work shift.

But you can relish your lunch time, because Illinois does require most employees to have a break for a meal.  If you are working at least 7 ½ hours continuously, then your employer must give you a minimum of 20 minutes for a meal break.

And this meal break needs to be a legitimate meal break.  It cannot be tacked on at the end of your day.  Your meal break has to be provided no longer than 5 hours after you start working your shift.  Also, you can’t be asked to work at your desk while eating a sandwich, and then have the time deducted from your pay.  Whether or not the break is paid time, your employer is required to give you actual time away from your duties.

There are some exceptions to these rules.  For one, workers who are involved in caring for people who are developmentally disabled or have a mental illness, may continue with their work while they are eating their meal.

Also, even though no other break time is required generally by law, employers are required to make reasonable accommodations for workers with disabilities.  If the special needs of an employee necessitate certain break periods during the day to attend to a medical or health issue, then that would be allowed.

To work well, you need to feel well.  If you have a question about whether your employer is following the rules regarding meals, or accommodations for your special issues, don’t tough it out and hurt your health and your job.  Talk to an attorney who is experienced in these matters.

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Biting Off More Than You Care to Chew

Thursday, August 25th, 2011

“Waiter, there’s a fly in my soup!”  An old joke, but not so funny if it really happens to you; and even less so if you’ve eaten it before you notice.  An unwanted and unplanned item in your food at a restaurant can leave you at best, grossed out, and at worst, deathly ill.  For this reason the case you might have against the restaurant for its negligence can also range from nothing much to something significant.

Most often these situations end with little or no harm being caused.  You find the object before you eat it, or you discover it after but it doesn’t make you ill or hurt you.  You likely will feel repulsed or nauseous, but without more there’s not much of a case.  That’s because you need to actually have an injury, to have a personal injury lawsuit.  As disgusting as it may be, without more you won’t go very far in the courts.

It’s a different story, though, if you’re hurt by what doesn’t belong in your food.  If you’ve swallowed something that is harmful, such as a dangerous chemical or a sharp object, you could have a case against the restaurant.  If you have any question about whether you could be hurt by what you swallowed, it’s best to get immediate medical attention to give you the best chance for your health to recover.  Then talk to an Illinois personal injury attorney to find out what you might do to be able to be compensated for your injuries by the restaurant.

People with severe food allergies can also suffer serious harm, even death from unexpected items in their food.  Recently a young girl with a peanut allergy died after eating food at a school party that was promised to be free from any peanut products.  That food was later sent to a lab for testing, and it in fact did contain peanut allergen.   Allergic reactions from food allergens are a very serious matter.  If you order a chef salad and tell the restaurant that there cannot be any shellfish in your salad at all because you have a life-threatening food allergy, it’s clearly dangerous if you end up with shrimp in your salad.

Often the restaurant will be skeptical that you actually had in your food what you claim you had.  Unfortunately there are people who try to take advantage and make things up.  If this really happened to you, take pictures of the food and the object, and keep it to use as proof later.  If it was an allergen in your food, save the food, because it can be sent out for testing to show the level of the allergen, even if though it can’t always be seen.

Posted in Injury Cases | Comments Off

5 Tips Regarding Premarital Agreements

Wednesday, August 24th, 2011

Premarital agreements are contracts that couples getting married can enter into to decide how their property and assets will be handled in the event the marriage ends in divorce.  Here are some points to keep in mind, if you are contemplating a premarital agreement.

1.  Each of you should have your own attorney. It may be tempting to “share” one attorney and save some money.  But ultimately you may not be saving yourself anything if you aren’t fully informed of all your rights concerning the agreement.   You’ll want someone negotiating on your behalf, and looking out for your interests.

2.  Don’t wait until you are walking down the aisle. If either one of you is rushed or pressured when signing the agreement, it will be less likely to hold up if it is challenged later.  There needs to be sufficient time and opportunity to be able to consider all the terms of the agreement, and make an independent decision whether or not to sign it.  The closer to the wedding, there more it will appear as though there was inappropriate pressure to agree to the terms.

3.  Full disclosure is evidence of full fairness. In order for the premarital agreement to be upheld as fair and valid, it also should be based on full disclosure to each other of his and her assets and income.  If one side is going to give up some marital rights that he or she might have in a divorce, then that decision should be made knowing fully what financials are involved.

4.  The terms of the agreement should be fair. Fairness doesn’t necessarily mean that everything is equally divided.  But the terms should be appropriate to the circumstances.  Even if the future wife, for example, had full knowledge of her future husband’s assets, and was willing to give up all right to any money in a divorce settlement, this may not be allowed.  Fundamental fairness in the terms of the agreement still comes into play.

5.  The agreement can cover many different marital rights. Some of the items contained in a premarital agreement can include:  real estate; life insurance policies; wills and trusts; mortgages; bank accounts; and spousal support.

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Police Officer at Your Home or Car…What You Should Know

Tuesday, August 23rd, 2011

If an officer pulls you over in your car, or comes to your house to arrest you, it is likely you could feel panicked and nervous, even if you haven’t done anything illegal.  But having a clear head and knowing what to do and not do may be important in safeguarding your rights.  The officers won’t likely tell you that you which of their requests is mandatory, and which you may refuse.  This is a brief guide to get you thinking about what to do in these serious moments.

What You Say: Though you may feel nervous, or even resentful if you’re being pulled over or an officer is at your door, don’t be defensive or rude.

It cannot help you at all if you are belligerent to the officer, who is just trying to do his/her job.  Be polite and respectful.  Give the officer your driver’s license, if asked, and follow other such directions.

Also, you are not helping yourself by launching into a big story defending yourself.  It will not likely change the immediate situation, and anything you say literally can be used in a case against you.  Signing a statement can also hurt you later, so it is best to have an attorney’s advice before singing anything.

What You Allow: You may be asked to do things, show things, or grant permission to look at things.  You don’t have to agree, just because you feel pressure.

If you are pulled over and suspected of a DUI, the officer may ask you to do a field sobriety test to assess your motor coordination.  You do not have to agree to walk a straight line, stand on one, foot, or other such tests.  You won’t be penalized for your refusal.

If you are asked to take a breathalyzer test, you should be completely certain that you will pass before you agree to take it.  Remember that just because you may not feel intoxicated, the breathalyzer test could show that you are in fact legally impaired.  If you refuse to take the test, you risk your license being suspended, but you have to weigh that against the serious consequences of being convicted of a DUI.

The officer may want to search your car or come into your home and search.  Do not feel pressured to agree to a search, unless you’re shown a search warrant.  In certain other situations where there is probable cause to conduct a search without a warrant, you won’t have a choice.  But if a search is requested because the officer is looking for evidence that will build a case against you, you’re not required to agree to it.

What They Say: The officers may try to advise you about what you should do or say.  You do not need to take their legal advice.

Not necessarily with bad intentions, the officers may tell you that you don’t need a lawyer in court, and your situation isn’t really a big deal.  Clearly, if you’re faced with a criminal charge it is a big deal.  A misdemeanor charge may be routine to an officer who deals with criminal activity daily, but for you it could mean jail time for up to a year.  Before you decide whether you do or don’t need an attorney in court, it’s best to actually speak with an attorney and find out what the possibilities are.

What You Do: Pleading guilty may feel like the quickest way to put it all behind you, but that’s not necessarily so.

It’s important to carefully consider the consequences of pleading guilty; and discuss your case with an attorney before making that decision.  Though it may seem like it would end your troubles, a criminal conviction could be just the beginning of your troubles.  You could end up serving time in jail, paying a large fine, losing your driver’s license, and having a permanent record of your conviction which could hurt you for years to come.

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Chicago probate law firm referral – Nice feedback

Monday, August 22nd, 2011

We pride ourselves on giving great customer service.  We were recently contacted by someone from Oregon looking for a Chicago probate law firm.  Hopefully their feedback shows the type of service we try to deliver, even when it means helping people realize that they don’t need an attorney.

What a wonderful service for an out-of-towner like me! My family needed a probate attorney in Illinois (because my aunt died and lived in Chicago). We were given good, general advice at this referral site… as well as an attorney that specialized in that area. The attorney that you suggested was SUCH a down-to-earth counsel, and, get this, he ended up showing us how to file for much less than even he expected! How often does an attorney show you how to not spend money on that attorney! Great guy. Thanks “findgreatlawyers.”

If you contact us we can’t promise a result, but we do promise to give you honest advice and do whatever we can to help you.

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