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Understanding Criminal Sexual Abuse in Illinois

 Posted on September 22, 2023 in Uncategorized

IL defense lawyerCriminal sexual abuse is a serious offense that deeply impacts the lives of those who suffer from such abuse. This is a crime that has severe legal consequences for perpetrators. In Illinois, the law defines and addresses various forms of sexual abuse, aiming to protect people from harm and provide justice to those who are sexually abused. If you are facing charges related to criminal sexual abuse, retaining an Illinois defense lawyer is a wise first step as you look to fight these charges and move on with your life.

Defining Criminal Sexual Abuse 

Under Illinois law, criminal sexual abuse encompasses sexual acts committed against another person. The offense involves engaging in sexual conduct without a person’s consent or when a person is unable to give consent due to age, mental incapacity, or intoxication. 

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Can Understaffing in Nursing Homes Lead to Elder Neglect?

 Posted on September 08, 2023 in Uncategorized

IL injury lawyerNursing homes serve as critical care facilities for elderly individuals who require assistance with daily activities and medical care. However, when facilities are understaffed, the quality of care provided may be compromised, leading to potential cases of nursing home abuse and neglect. If you know a loved one experiencing abuse or neglect in a nursing home, contact an experienced Illinois injury lawyer to ensure that measures can be taken to stop the abuse and seek justice for the injured party.

The Impact of Understaffing

Understaffing in nursing homes can have a range of negative consequences, including:

  1. Inadequate supervision – Insufficient staff numbers can result in limited resident supervision, leading to neglect and abuse. Without proper oversight, residents may be left unattended for extended periods, increasing the risk of accidents, falls, or medical emergencies.

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What are the Elements of a Medical Malpractice Claim in Illinois?

 Posted on August 16, 2023 in Uncategorized

When you are literally putting your life in the hands of another person, you should be able to trust them completely. Unfortunately, the trust between a doctor and patient is sometimes broken. Everyone makes mistakes - even doctors - but medical professionals are held to a higher standard because of the level of responsibility that they have to provide care that protects a patient’s health and well-being. Medical malpractice occurs when a doctor fails to meet these standards and causes harm to a patient through their negligence. There are certain elements that you must prove in order to have a case for medical malpractice.

Three Components of Malpractice Cases

To pursue a medical malpractice case, you must show that all of the following occurred:

Violation of the Standard of Care: The most basic element of a medical malpractice case is that your doctor committed an act of negligence, or violated a standard of care. There are certain practices that are considered acceptable in the medical field, and if your doctor deviated from them, you may have a case for establishing negligence. Examples of negligence can include:

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Exploring Illinois' Workers' Compensation Death Benefits

 Posted on August 09, 2023 in Uncategorized

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In the blink of an eye, an accident can happen while you are at work. True, there are certain jobs in which accidents are more common, but a workplace accident can occur anywhere, regardless of where you work and who you work for. One of the most devastating outcomes of a workplace accident is the death of a loved one. Not only does this bring on grief and emotional pain, but it can also mean that you are now burdened by the worry of your family’s financial future. Fortunately, the Illinois Workers’ Compensation Commission offers death benefits to families whose loved ones die as a result of workplace accidents.

Eligible Family Members

If a worker is killed on the job, the worker’s primary beneficiaries are entitled to receive the survivor’s benefit. A primary beneficiary is considered to be the worker’s spouse and any children under the age of 18. If the worker did not have any primary beneficiaries, then the benefits can be paid to the worker’s totally dependent parents.

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How to Determine Negligence in a Car Accident Injury Case

 Posted on August 02, 2023 in Uncategorized

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Getting into a car accident can leave anyone feeling shaken up and worried. Even if the car accident only resulted in relatively minor injuries, such as a broken bone, it can come with even more damages, like missing work, medical costs, and repair costs, among others. This is typically when the idea of a car accident injury claim may come in handy. Most car accident injury claims are based around the idea of negligence, which just means the other person involved in the car accident failed to exercise their duty to drive safely on the road. To prevail in a car accident injury case, you must prove the following elements exist:

Duty of Care

When it comes to car accident claims, the duty of care is the responsibility that every driver has to operate their vehicle in a safe manner that is also consistent with traffic laws and other precautions most reasonable drivers would take. Examples of duty of care include:

  • Using turn signals;
  • Avoiding distractions, such as your cell phone;

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Understanding Common Causes for Car Accidents in the United States

 Posted on July 19, 2023 in Uncategorized

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Many Americans rely on motor vehicles being their primary form of daily transportation to get to where they need to go. Unfortunately, this means it is not unusual for car accidents to occur every once in a while. According to information from the National Highway Traffic Safety Administration (NHTSA), there were estimated to be more than 6.7 million traffic crashes that were reported to police in 2018. Around 71 percent of traffic crashes were property damage only, but there were still many crashes that resulted in bodily injury. More than 2.7 million people were injured in traffic crashes and nearly 37,000 people were killed.

These numbers have decreased since the 80s and 90s due to an increase in safety education, safety features of vehicles, and advertising campaigns. Even so, agencies like the NHTSA strive to understand the common causes of car accidents so that they can continue to educate people and reduce the number of traffic crashes.

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What are My Rights If I am Pulled Over During an Illinois Traffic Stop?

 Posted on July 09, 2023 in Uncategorized

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Traffic stops are one of the most common ways that police come into contact with the general public. According to data from the Stanford Open Policing Project, there were more than 12.7 million traffic stops conducted by state police in Illinois between 2011 and 2017. There are dozens of reasons why a police officer would want to pull you over. Maybe your tail light is out or you forgot to signal a lane change. Maybe the officer noticed that you were on your cell phone while you were driving. Maybe the officer suspects you are driving under the influence because your driving was erratic. Whatever the reason, there are certain rights that you have when you are pulled over by police.

Police Must Have Reasonable Suspicion

If an officer pulls you over, they must have a reason for doing so. It is not lawful for an officer to perform a traffic stop for no reason. It is a violation of your Constitutional rights if they perform a stop without having reasonable suspicion that you were committing a crime.

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DUI FAQs

 Posted on July 09, 2023 in Uncategorized

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Knowledgeable Illinois Criminal Defense Attorney Assisting Clients Throughout Cook and DuPage Counties

Facing DUI charges can be overwhelming, regardless of whether you’ve been through the process before. If you have recently been charged with a DUI, one of the best ways to get a handle on the situation is to learn more about the process, what defenses you may have, and what you are looking at if you are convicted. Below is a list of DUI FAQs that can help provide you with a little bit of certainty during this undoubtedly stressful time.

Will I Go to Jail for an Illinois DUI?

The sentence for an Illinois DUI conviction may include a jail sentence; however, in most situations, it’s a decision that is left up to the judge. For example, a first-time DUI offense in Illinois is usually a class A misdemeanor, which carries the possibility of up to a year in jail. However, it is common for judges to order supervision or probation in lieu of incarceration. However, if you have a prior DUI on your record or you are charged with a felony DUI offense, you’ll likely face mandatory jail time or community service.

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What is the Difference Between Burglary, Theft, and Robbery?

 Posted on July 04, 2023 in Uncategorized

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Most of us know that it is wrong to take something from someone without asking. Not only is it not nice, but it is also illegal. You have heard the terms "theft," "robbery," and "burglary" before, but many people use them interchangeably. In reality, these words are three different things in the legal world. They each have their own definitions and their own punishments if you are convicted of them. While these three crimes all do involve the unlawful taking of property, the differences lie in the circumstances around how the property was taken.

Theft

General theft is a crime that occurs when a person obtains control over property without the authorization of that property’s owner. Theft crimes vary in seriousness depending on the value of the property taken and where it was taken from. For example, property that was taken that is valued at less than $500 is charged as a Class A misdemeanor. If that property was taken from a place of worship or belonged to the government, the crime is elevated to a Class 4 felony. Depending on the circumstances of the crime, theft can carry penalties of up to 30 years in prison and up to $25,000 in fines.

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Understanding Illinois Reckless Driving Charges

 Posted on June 16, 2023 in Uncategorized

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Most American drivers will be pulled over by police at least once in their lifetime. Most of the time, the reason you are pulled over is because of a small moving violation, like speeding or not fully stopping at a stop sign. These stops usually end with the officer issuing you a ticket that carries a fine that you must pay within a specific time period. In other situations, the officer may arrest you because they feel that you have done something too serious to warrant just a fine. Offenses of this nature can be driving while under the influence of drugs or alcohol, street racing or what is called reckless driving.

What is Reckless Driving?

The Illinois Vehicle Code states that reckless driving occurs when a person drives his or her vehicle with "willful and wanton disregard" for the safety of other drivers or other people’s property. It also states that reckless driving can occur if a person drives a vehicle and uses an incline such as a railroad crossing, hill or bridge approach to cause the vehicle to become airborne.

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