Posted on February 04, 2016 in Personal Injury

Gas grills and homes remain high risks for leaks and faulty mechanisms. Many factors can cause a fiery and fatal destruction. Moreover, victims of gas explosions can suffer catastrophic burn injuries and face a lifetime of healing and disfigurement.

In 2014 there were over 700 gas pipeline incidents reported, which resulted in 18 fatalities, close to one hundred injuries, and caused property damage amounting to over $300 million dollars.

Not a Rare Occurrence

What seems like a significant but infrequent event, gas explosions actually happen more than one might think. Over the last few years, reports of significant explosions have often appeared in news headlines. Whether it be a residential explosion or one occurring in a commercial situation, or even in a public place, the consequences can be deadly and/or cause significant property damage.

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 Posted on February 03, 2016 in Family Law

With all the changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2016, parents may be concerned as to how their lives and the lives of their children may be impacted. Rest assured in knowing that most amendments in Senate Bill 57 are meant to better define what is in the “best interest” of minor children and that the courts still want to provide reasonable liberties to parents. Revisions made to the Illinois parental relocation laws (laws that govern a parent’s right to relocate after divorce) serves as a prime example.

Old Parental Relocation Laws

Before the implementation of Senate Bill 57, parents would need to obtain permission from the court to move outside of the state of Illinois (otherwise known as an "Order of Removal"). This applied, even in areas that bordered along the state line, and it created a two-prong problem. First, parents who wished to move only a handful of miles had to prove that moving out of state was in the best interest of the child. Secondly, parents could move anywhere within the state’s borders, and that sometimes far exceeded a reasonable distance from the other parent.

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 Posted on January 28, 2016 in Immigration

U.S. Immigration and Customs Enforcement (ICE) is the body tasked with identifying vulnerabilities (of multiple types) at U.S. borders. As part of this mission, its subsidiary agency of Enforcement and Removal Operations (ERO) is responsible for carrying out raids on homes and businesses believed to be housing undocumented immigrants.

While these raids have a fearsome reputation and can indeed be traumatic, some of the information propagated is demonstrably untrue. If you are in a position where you experience a raid, it will serve you well to understand what the raid is intended to achieve, and what your rights may be.

Before a Raid

As one might expect, ERO cannot simply barge into a business without justification. Evidence must be collected which indicates that a business is employing undocumented immigrants or at least has a reasonable suspicion that some of its workers may be undocumented. For example, ICE routinely subpoenas all “no-match” letters from the Social Security Administration for a specific business. A “no-match” letter signifies that the Social Security number an employee has given an employer does not match the relevant record, which in turn implies that it may be being used by an undocumented immigrant. This evidence is used by ERO to apply for a search warrant from a judge or magistrate.

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 Posted on January 26, 2016 in Personal Injury

Each year, thousands of nursing home residents are abused or neglected in long-term care facilities. Tragically, some of those cases result in death. Others, though maybe not immediately fatal, can severely diminish quality of life. Some states have turned to video surveillance, hoping it might reduce the number of abusive incidents. Yet could this provision truly improve patient care? Or does it become an issue of privacy?

The Disturbing Prevalence of Abuse and Neglect in Nursing Homes

Although there is no real data on the total number of allegations of nursing home abuse and neglect, estimates from the U.S. Department of Health and Human Services Inspector General’s office figures that at least 85 percent of all nursing homes had at least one report filed against them in 2012, which equates to about 60,000 allegations per year.

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 Posted on January 25, 2016 in Family Law

Implemented January 1, 2016, Senate Bill 57 has brought a lot of changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). In many ways, it is meant to simplify the system, but it is nearly a complete overhaul on the law governing marriage, divorce, custody, and child support. So what do all these changes mean for your family law case in 2016? The following points explore the basics.

“Heart Balm” Actions and “Fault” Divorce

“Heart balm” actions, or civil actions brought by third parties because of a broken heart, have been eradicated by Senate Bill 57. Used to place blame for marital or couple issues, such as alienation of affection, breach of promise to marry, and “criminal conversion” (adultery), these actions were deemed outdated and potentially damaging to all involved parties by the general assembly in the Illinois Bar Law Journal.

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 Posted on January 21, 2016 in Immigration

When a potential immigrant wants to come to the United States, he or she must meet all requirements for the visa or status he or she wishes to obtain. Many nonimmigrant visas in particular require that a person not be (or be at risk of becoming) ‘a public charge,’ but there is some significant confusion about what that actually means.

General Information

The concept of public charge has been a part of U.S. immigration law for many years, and is governed by Section 212(a)(4) of the Immigration & Nationality Act. What it means is that if someone wishes to immigrate or adjust status, he or she may be denied or ruled inadmissible if he or she is “likely to become a public charge.” If someone has an affidavit of support (that is, an affidavit from an employer or family member showing that the person will be provided for), then he or she is generally presumed not to be at risk of becoming dependent on government benefits.

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 Posted on January 19, 2016 in Personal Injury

Big cities present many dangers—gridlock traffic, crime, and masses of people all can contribute to frayed tempers. However, one major concern today is distracted driving. Technology, coupled with inattention or drivers whose ability is compromised by way of alcohol or drugs, can prove deadly for innocent pedestrians.

According to the National Highway Transportation safety Administration, “In 2013, 4,735 people were killed in pedestrian/motor vehicle crashes, (that equates to) more than 12 people every day of the year.” In 2013, 125 pedestrians were killed in Illinois.

Possible Scenarios

Several factors may lead to a deadly pedestrian accident. And while pedestrians, too, must make a point to be safe and seen, drivers do not own the roads; everyone—walker, cyclists and motorcyclists—shares them.

Various statistics demonstrate the typical factors where pedestrian accidents occur. These statistics include the following:

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 Posted on January 18, 2016 in Family Law

While most people recognize that divorce is a massive undertaking, many still underestimate just how complex, taxing, and exhaustive the process can really be. It is this lack of understanding that often keeps them from developing an effective and comprehensive exit strategy. As a result, they may unintentionally and unnecessarily extend the already time-intensive process, which drains even more of their energy and resources. Avoid this common pitfall with the following tips.

Employ the Help of a Therapist or Psychologist

In the midst of a divorce, it is easy to make decisions based on emotion—even more so if the divorce is occurring because of infidelity, addiction, abuse, or other dangerous or emotionally triggering circumstances. A therapist or psychologist can help you stay grounded, give you a professional to help you decide whether you are making your decisions out of practicality or out of anger and resentment. Additionally, it should be considered that, when paying for a divorce, billable hours with your therapist will ultimately cost less than trying to battle matters out in court.

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 Posted on January 14, 2016 in Immigration

If someone wants to become a United States citizen or adjust status, he or she is generally aware that the process is quite complex. Providing all the relevant documents can take years. However, the most commonly confused provision is that requiring ‘good moral character.’ This term is not clearly defined in U.S. immigration law, and without a concrete understanding of what is required, your naturalization application may be turned down.

A Subjective Definition

The United States Citizenship & Immigration Services (USCIS) Policy Manual defines good moral character as “character which measures up to the standards of average citizens of the community in which the applicant resides.” This definition, as one might guess, is extremely subjective and difficult to define in hard terms.

Generally, if someone does not have a criminal record, it is a point in their favor. However, the mere existence of a criminal record is not an immediate bar to citizenship. The crime in question must be serious—something that is referred to in other immigration jurisprudence as a crime of moral turpitude (CIMT), which is also arguably not well defined. A crime of moral turpitude is a crime that has the potential to shock the conscience of the average person—but this, like the standard for good moral character, is highly subjective.

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 Posted on January 12, 2016 in Personal Injury

Designed to keep people safe, national recalls extend to everything from toasters and blenders to cars and medical devices. There is one industry that remains untouched, however, despite having caused thousands of deaths and even more injuries. Interestingly enough, this very same industry is solely dedicated to the creation and distribution of lethal weapons.

National Recall Double Standard

Vitamin makers have 15 days to report a hospitalization or death linked to one of their products. Every other one of the 15,000 products governed by the Consumer Protection Safety Commission has just 24 hours to notify officials that one of their products could pose a substantial risk of injury. Yet gun manufacturers are under no obligation to report defects, injuries, hospitalizations, or other incidents—not to consumers, and certainly not to the government.

Because of this lack of accountability, there are scores of potentially defective firearms in the hands of consumers. Of course, no one knows for certain since they are not obligated to report such incidents. However, the Centers for Disease Control and Prevention says that there were 215,422 non-fatal unintentional gun injuries between 2001 and 2013, and another 8,383 deaths.

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