As if a car accident is not stressful enough, imagine finding out that the driver who hit you is uninsured. Despite the mandatory auto insurance laws in Illinois, many drivers continue to drive without coverage. According to the Insurance Information Institute, as of 2023, about 15.2 percent of Illinois drivers were uninsured, ranking the state at number 17 for uninsured drivers across the nation.
Depending on your own insurance coverage, you may have other options for recovery following an accident with an uninsured driver. Other potential options include a civil lawsuit (although a driver who cannot afford car insurance is
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DUI Defense: What Happens If I Refuse a Breathalyzer in Illinois?
In the state of Illinois, as in all other states, driving is considered a privilege, rather than a right, and those who obtain a driver’s license are bound by implied consent laws. Under implied consent, drivers automatically agree to submit to chemical testing (breath, blood, or urine) if a law enforcement officer suspects impaired driving. Although you can refuse a chemical test when stopped on suspicion of DUI, there are automatic penalties for doing so.
For a first-offense DUI arrest, refusing a breathalyzer triggers an automatic driver’s license suspension for a minimum of 12 months. This is known as…
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Understanding Illinois Slip-and-Fall Claims
There are very few certainties in life aside from death and taxes, but slip-and-fall accidents are certainly among them. Therefore, being involved in a slip-and-fall accident may seem relatively insignificant. However, slip-and-fall cases may not be as cut and dry as they appear, depending on the details of your injury.
Regardless of the circumstances surrounding your accident, you may be entitled to financial compensation if you were injured in a slip-and-fall accident. Firstly, consider consulting with an experienced Joliet, IL slip-and-fall attorney who will work with you to ensure you understand your rights and that a favorable outcome is pursued…
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Sharing vs. Dealing: Possession or Distribution in Illinois?
In the state of Illinois, the line between casual drug sharing with a friend and facing a felony charge for drug distribution may not always be clear. You may think that handing someone you know a joint or offering a few pills at a party is not that big a deal. Unfortunately, prosecutors may see it differently.
Under Illinois law (Illinois Controlled Substances Act 720 ILCS 570/401), sharing illegal drugs can be charged as illegal delivery, even when no money has changed hands. It is important to understand how the state defines drug possession as opposed to drug…
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How DUI Convictions Can Affect an Illinois Professional License
A DUI conviction in Illinois can do more than cost you money, time, and your driver’s license – it can also place your professional license in jeopardy. The state of Illinois takes DUI offenses (625 ILCS 5/11-501) seriously, as do state licensing boards, even for a first-time DUI offense.
A DUI conviction can trigger an investigation, lead to disciplinary action, or, in some cases, result in a suspension or revocation of the professional license. Licensed professionals in Illinois should speak to an experienced Joliet, IL DUI attorney to discuss the best way to protect their livelihood.
What…
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Nursing Home Kidney Dialysis Negligence: How Common Is It?
A Richton Park nursing home was recently found negligent in the death of an elderly resident. After a week spent presenting the case, the jury reached a verdict in favor of the plaintiff in just three hours. The award of $5.5 million ties with another nursing home neglect award in the county for the largest verdict.
The resident missed 13 days of necessary dialysis treatments, which caused toxic waste buildup in his body and led to his death. The 85-year-old man was admitted to the nursing home in late 2020, following a serious fall. According to court testimony, the man…
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Can You Be Fired for Filing a Workers' Compensation Claim?
If you have been injured at work in the state of Illinois, you may be worried about more than your recovery – you may fear you will lose your job when you file a workers’ compensation claim. Many employees are hesitant to report injuries because they fear retaliation from their employer, or they are unsure of their rights.
Illinois law (820 ILCS 305) does protect workers from being fired for seeking workers’ compensation benefits, but the legal protections are not absolute. It can be extremely helpful to speak to a Joliet, IL workers’ compensation attorney to find out…
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The Hidden Costs of a Reckless Driving Conviction in Illinois
A citation for reckless driving (625 ILCS 5/11-503) can be much more than a simple traffic ticket in Illinois. While the immediate penalties, including fines or even a few days in jail, are significant, the true cost of a reckless driving conviction can go far beyond justice system penalties. Skyrocketing insurance premiums, job loss, difficulty obtaining employment, and a permanent criminal record may be just the beginning.
The impact of a reckless driving conviction can last for many years, adversely affecting many aspects of your future. If you are facing reckless driving charges, it is extremely important that…
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Addressing a DUI Conviction with Potential Employers
A DUI conviction can feel like a major setback, especially when you are applying for a new job. It can be extremely stressful to worry about whether you should tell a prospective employer about your DUI conviction or let them find out on their own while hoping they do not. Are there ways to explain a DUI conviction without ruining your chances at an incredible job opportunity? What if you have been charged but not yet convicted?
There are ways to handle this difficult conversation that can potentially change the outcome. With the right approach, you can be honest with…
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Can an Undocumented Worker in Illinois Collect Workers’ Comp?
Although workers’ compensation laws are different in each state, in Illinois, an undocumented immigrant who is hurt while on the job has the right to file for workers’ compensation benefits. These rights are not affected or abridged in any way by citizenship or immigration status. In fact, under 820 Ill.Comp. Statute Section 305/1(4)(b)(2), “aliens” are specifically included as employees.
In 2008, Workers’ Comp of Illinois vs. Econ. Packing Company held that under Illinois workers’ compensation laws, undocumented aliens who are injured or killed on the job have a right to workers’ compensation benefits. If undocumented employees were to be…
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The Most Critical Evidence in Your Car Accident Claim
Being involved in a car accident is guaranteed to ruin your day. However, the adverse effects of a car accident can last much longer than a single day. Depending on the extent of your injuries, you may be unable to return to work and make a living for weeks, months, or even years. Your injuries from the car accident could require ongoing medical treatment and could potentially even result in partial or total disability.
When another driver causes a car accident through his or her negligence, then that driver – or his or her insurance – should be responsible for…
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Can Having Asthma Adversely Affect BAC Readings?
If you are facing an Illinois DUI, it is crucial that all your defense options be considered. For some people, an illness or disease – or the medications used for that illness or disease – can cause a spike in blood alcohol levels that has little to do with actual inebriation. While it might seem like a long shot to blame a high BAC reading on something other than alcohol consumption, it can be a valid defense.
Both the disease of asthma itself, as well as the medications used to treat asthma, can have an adverse effect on a…
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How New Illinois Drug Laws Could Impact Drug Charges
Almost every year, the state of Illinois updates and changes at least some areas of the criminal code. The changes are fairly minor in some years, while in other years, they can significantly impact how criminal offenses, including drug charges, are charged and punished. Some of these changes can significantly affect Illinois residents charged with specific drug crimes, both positively and negatively.
Criminal defense attorneys who handle drug charges keep up with the changes, so it is always beneficial to speak to a Joliet, IL drug crimes lawyer who can answer your questions, be a strong legal advocate in your…
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Can Workers’ Compensation Be Affected by a Positive Drug Test?
In 2020, the state of Illinois legalized the use of recreational marijuana under the Cannabis Regulation and Tax Act. Since that time, many questions have arisen regarding the legal implications of using marijuana in their daily lives, including in the workplace. One such issue revolves around how – or whether – a positive drug test can impact a claim for workers’ compensation benefits.
If you are facing a situation in Illinois where your workers’ compensation claim for benefits is being denied because of a positive drug test, it is important that you speak to an experienced Joliet, IL workers’…
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Who is Liable for Injuries and Deaths from a Mass Shooting?
Unfortunately, mass shootings have become so commonplace that they barely warrant a few days in the news cycle. Since 2013, the number of annual mass shootings across the nation has increased by 65 percent. The use of an assault weapon makes mass shootings four times more lethal.
If you are injured by a shooter at a public place, such as a music event, in a nightclub, restaurant, or any other type of public event, who bears liability for your injuries? The answer to this question can be complex and depends on the circumstances. If you are the victim of…
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Could the New Ohio "Liv’s Law" Influence Illinois DUI Laws?
Across the United States, state legislators are looking more seriously at impaired drivers. Ohio recently passed a new law, known as Liv’s Law, that significantly increases the penalties for repeat DUI offenders. While the law only applies to Ohio drivers, it is indicative of a larger nationwide move toward DUI policies that are designed to be harsh enough to prevent repeat DUI offenders. The new DUI policies in Ohio could potentially affect other states, including Illinois.
Liv’s Law was named after a 22-year-old Ohio woman killed in 2020 by a repeat DUI offender. Following the passage of this law, a…
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