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Slips, Falls and Elderly Victims

 Posted on July 21, 2016 in Personal Injury

Slips, Falls and Elderly VictimsAs we age, bone density, muscular strength, mobility and our general health can deteriorate. While some are fortunate to maintain their strength and agility, many do not. This does not mean that we should be any less forgiving when someone slips and falls on the sidewalk, in a mall, or another business premises.

Slips and falls can cause serious injuries and are among the most common causes of traumatic brain injury (TBI). Falls account for over 8 million hospital emergency room visits.

These injuries can take a long time to heal. If you slipped and fell because a business owner failed to make a safe environment to walk on, you may have a legal case and you may be entitled to monetary compensation for your injuries. A personal injury attorney can help determine if you have a case.

Leading Causes of Slips and Falls

About 20,400 people died from falls at home in 2014, and the vast majority of them were over the age of 65.

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What Is “Exceptional & Extremely Unusual Hardship”?

 Posted on July 21, 2016 in Immigration

Exceptional & Extremely Unusual HardshipIf you or someone you love winds up in immigration removal proceedings, there are only a few select ways where it might be possible to avoid that eventuality. One of those is called cancellation of removal. However, unless you are a lawful permanent resident (LPR, or a holder of a ‘green card’), cancellation can be extremely difficult to win. You must be able to prove that your removal would pose an ‘exceptional and extremely unusual hardship,’ which is an extremely high standard to meet.

How Will Your Removal Affect U.S. Citizen Family?

To be blunt, United States Citizenship & Immigration Services (USCIS) cares very little about the inconvenience to an undocumented or non-LPR immigrant. What is more relevant is the potential difficulty to any U.S. citizen family members you may have. For LPRs, the standard is to show that your removal would cause ‘extreme’ hardship to a U.S. citizen spouse or children. For non-LPRs, the standard is raised to “exceptional and extremely unusual.”

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What Does “Firm Resettlement” Mean?

 Posted on July 20, 2016 in Immigration

Firm ResettlementThe 1951 Geneva Convention on Refugees and its ensuing 1967 Protocol are perhaps the founding documents of asylum law in the United States, providing everything from a working definition of ‘asylee’ and ‘refugee’ to the categories under which one can claim asylum. It does also specify certain bars and exclusions, setting forth some conditions under which someone is expressly unable to claim the Convention’s protections. Being ‘firmly resettled’ in another country is one of the most often seen.

What Is Firm Resettlement?

An alien or potential asylee is considered to be ‘firmly resettled’ in a country when they received an offer, while in that country, of permanent residence, citizenship or any other potentially permanent immigration status, unless they show one of two exceptions are true. The first is that they only entered the country as an expedient path on their flight from persecution or danger, while the second is to allege that they were not actually resettled because the country’s authorities put such restrictions on the person’s freedoms as to render them subject to governmental whims. In the latter case, the issue of firm resettlement is usually decided on a case-by-case basis by analyzing an individual’s restrictions and freedoms during that period of time.

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Which Parenting Plan is Right for Your Family?

 Posted on July 19, 2016 in Family Law

DuPage County family law attorneysWhen a divorce happens, everyone in the family is affected. However, children are often the most at risk for long-term emotional problems and maladjustment. This is especially true when conflict continues after the divorce is complete. You can minimize the risk to your children by developing a well-planned, thoughtful, and intentional parenting plan that reduces conflict and encourages a healthy, lasting relationship with the other parent. Of course, this is often easier said than done. To help you get started, here are some of the most commonly used parenting plan structures.

Traditional Co-Parenting Plans

Most parents are familiar with the traditional co-parenting plan. It is one in which the allocation of parental responsibilities follows a predictable schedule, and both parents have equal (or close to equal) decision-making power. Of course, this can look very different from one family to the next. Whereas one family might switch off time with their child on a weekly basis, others might alternate holidays and weekends. Some may even switch off a couple of times throughout the week. This parenting plan is often most beneficial for parents who can communicate effectively.

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Understanding the Division of Marital Property in an Illinois Divorce

 Posted on July 12, 2016 in Family Law

Illinois divorce lawyerWhen it comes to divorce in Illinois, marital property is divided equitably, but not necessarily equally. This can result in a great deal of contention, and even confusion over who gets what out of a divorce. If you are separated, planning on filing for divorce, or have already begun the process, the following information can help you better understand how marital property is divided in divorce.

Marital Factors That Influence Property Distribution

Once the assets and debts have been valued in a divorce, couples can begin to negotiate a reasonable settlement regarding how the marital estate can be distributed. However, those that are unable to reach an agreement may take the matter to court. Here, a judge will consider several factors to determine how marital property should be distributed. These include:

  • Each party’s income, property, and assets;
  • Needs of each party;

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Tractor Trailer Accidents Spell Danger for Cars

 Posted on July 08, 2016 in Personal Injury

car accident, DuPage County personal injury attorneys, injured in a truck accident, Mevorah & Giglio Law Offices, accident injury, car accident injuryDrivers who train to operate large tractor trailers are required to know the nuances of how to safely drive the truck. There are more levels of techniques over and beyond that used to operate regular cars or SUV’s. And while fender benders can run the gamut in terms of severity, if you are in a car, the risk of an impact from a truck is much worse. In 2010, Illinois reported 2,569 Injuries in Crashes Involving Large Trucks.

If your loved one has been hurt in an accident involving a truck, you should seek legal assistance. If it turns out that the truck driver was negligent in their operation of the vehicle, and that is what contributed to the accident, compensation may be awarded. Call a personal injury attorney to establish whether a case can be made.

Commercial Driving Techniques

A commercial driver’s license is required for drivers of heavier vehicles because their operation and handling is significantly different to that of a car. That being the case, truck drivers have to be more aware of the techniques they need to employ for the safe operation of their vehicle.

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Wrongly Claiming U.S. Citizenship

 Posted on July 05, 2016 in Immigration

Claiming U.S. CitizenshipThe rules of claiming citizenship, if one is not born in the United States, are very complex for most people. It does sometimes lead to situations where one becomes confused, even about their own immigration status. It also can lead to unscrupulous people trying to take advantage of inefficient regulations. If you or a loved one have intentionally or unintentionally claimed U.S. citizenship when you have not been entitled to do so, it may carry serious consequences for you or even for your family.

Honest Mistakes

People unintentionally claiming U.S. citizenship happens far more often than most people think. It is a common mistake among young people, who are often taken to the U.S. from their home country when they are too young to remember or be aware of immigration regulations. Their parents may also have taken steps to get them a Social Security (SS) card or to otherwise shore up the idea that they are citizens, thinking it will make their lives easier. When their Social Security card turns out to be invalid, it can be a very rude awakening - though the Supreme Court ruled in 2010 that if someone does not knowingly steal another’s SS number, it is not a crime (but still an immigration violation).

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How Recent Changes to Family Law in Illinois May Affect Your Case

 Posted on July 05, 2016 in Family Law

Illinois family law attorneysEvery year, changes and modifications are made to existing laws. Oftentimes, they are made to ensure current laws reflect the needs and situations experienced by today’s members of society. Other times, changes are made to improve how the system functions, or to better define our laws. Both prompted the most recent changes to Illinois family state laws. Understand what these charges are, and what they mean for your divorce, custody, or family law case.

No-Fault Divorce Seeks to Reduce Contention

Prior to 2016, couples often filed for divorce based upon reason or circumstances. The new laws eliminated these reasons, including the popular “heart balm” divorce options like spousal alienation and infidelity. Now there is only no-fault divorce – a simple, clear-cut filing that couples can use to indicate that, for one reason or another, the marriage broke down and cannot be resolved. The theory is that, by removing fault and finger-pointing, couples could focus on the legal aspects of their divorce instead of getting into arguments about who wronged whom. In short, the change was meant to reduce contention during divorce, both in and out of the courtroom.

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Understanding the Dangers of Do-It-Yourself Divorce

 Posted on June 29, 2016 in Family Law

domestic violence safety, DuPage County family law attorneysThere is no shortage of do-it-yourself divorce information on the internet. You can even download forms for little to nothing. Now, there are smartphone applications that claim they can help you successfully achieve a divorce. But do these options actually deliver? More importantly, should you even attempt to go through with a do-it-yourself divorce? Once you know the risks and dangers, the truth is that these do-it-yourself options often seem less appealing.

Do-It-Yourself Divorce Mistakes

Divorce attorneys spend years going to school to learn the complexities of the law. Once they graduate, committed attorneys continue their education by constantly staying informed and on top of all changes, modifications, and new limitations in their state. Logically speaking, all of this time and effort would simply be a waste if a divorce were easy. Furthermore, there would be no need to pursue years of education to simply fill out and file a few forms.

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Supermarket Spills

 Posted on June 24, 2016 in Personal Injury

DuPage County personal injury attorney, supermarket spillsWeekly trips to the grocery store are a common routine for many individuals. For those who like to purchase fresh produce, or pick up ingredients for a last minute dinner plan, trips to the store can occur frequently. Moreover, fighting traffic, encountering distracted drivers, and attempting to find a parking spot can turn into a mission, or even an accident. Yet, what if the real danger lurked inside the actual store?

Stores Taking Stock of Their Premises

According to the U.S. Department of Labour’s Occupational Safety & Health Administration, slips, trips, and falls account for 15 percent of all accidental deaths, and these accidents are second only to motor vehicles as a cause of fatalities.

Grocery and retail store owners often neglect basic cautionary steps to keep their premises safe, yet any business that invites the public onto its premises is obligated to take certain steps to keep customers protected from harmful situations.

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