There is a pervasive myth that a driver who hits another car from behind is automatically liable. The police officer who comes to take a report may even assume you are liable if you rear-ended another vehicle. However, in Illinois, liability is not automatic in rear-end collision cases. This myth likely comes from the fact that drivers are legally obligated to use a safe following distance and are generally liable if they caused an accident by failing to do so. However, not all rear-end collisions are caused by the driver in the back failing to follow at an appropriate distance.
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Will Having a Messy House Affect Child Custody?
Ordinarily, having a messy house is unlikely to affect your child custody proceedings. Parents – especially those with babies or toddlers – are certainly not expected to keep their homes looking magazine-worthy at all times. Having piles of clean laundry on the coffee table, a few dirty dishes in the sink overnight, or toys scattered around is the norm for most families. Typical clutter is not worth mentioning in court when you are fighting for custody of your child. However, if the home is so dirty that it poses a health hazard to children, or the clutter is so…
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3 Reasons Not to Settle When You Are Sued for a Car Accident
Even a very skilled and attentive driver can get into a car accident. Anyone can be accused of causing an accident he or she was involved in. People who have been injured in a car crash often need to blame someone for a myriad of reasons. From a practical standpoint, the person suing you may not have good insurance and needs to find a way to pay his medical bills. Other people seem to believe they are perfect drivers and could only have gotten into an accident if the other person did something wrong. Some people simply cannot accept…
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Dismissing an Unfair Prenuptial Agreement During Divorce
A prenuptial agreement should not act as an insurmountable barrier to divorce. If the terms of your prenuptial or postnuptial agreement leave you with nothing, you might feel that you are trapped in your marriage because leaving would lead to financial ruin. However, courts can refuse to enforce marital contracts that are extremely unfair, or that one party was coerced into signing. If your prenuptial agreement is the main reason you have not filed for divorce even though you want to end your marriage, you should speak to an experienced Lisle, IL divorce lawyer about whether the court…
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Defending a Nursing Home Fall Case | Illinois
It can be understandably upsetting for family members of a nursing home resident to find out that their loved one has fallen. However, few people other than those who have experience working in skilled nursing facilities have an accurate understanding of the measures preventing 100 percent of falls would involve – and why some of those steps would be outright illegal.
Nursing home residents have what is commonly referred to as the “right to fall.” What this actually means is that nursing home staff generally cannot restrain a resident to such a degree that he or she would never have…
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What Do I Need to Prove to Get an Order of Protection?
Getting an Order of Protection can help keep you and your children safe from an abuser. When you have a protection order in place, you do not need to wait for your abuser to commit another crime against you to call the police. Because an Illinois Order of Protection can bar the abuser from going to your home, workplace, or children’s schools, you can call the police as soon as you see him or her in one of these locations, even if he is not doing anything that would normally be considered a crime. The police can arrest your abuser…
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Do You Need a Power of Attorney if You Have a Will?
Many people believe that having a will is enough to protect their interests and manage their affairs. However, a will and a power of attorney serve different purposes in estate planning. An Illinois estate planning lawyer can explain why you might need both documents and how they work together to protect your future.
What to Consider About Wills and Powers of Attorney
A will is a legally binding document that states how your assets should be divided once you are no longer alive. It becomes effective only after you pass away. On the other hand, a power of attorney …
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How is Guardianship Different Than Adoption?
When it comes to caring for a child who is not biologically yours, two legal options are commonly on the mind, which are guardianship and adoption. While both arrangements involve taking responsibility for a child, they differ significantly regarding legal implications, duration, and parental rights. An Illinois lawyer can help you understand these differences as you consider both options.
Differences Between Guardianship and Adoption
The difference between adoption and guardianship is within the legal status and the parental rights they involve. It is helpful to understand each option.
Adoption is a Permanent Solution
Adoption is a permanent legal process…
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How to Settle a Boundary Dispute
A boundary dispute between neighbors can quickly escalate from minor disagreements to complicated legal battles. These conflicts often stem from misunderstandings about property lines, encroachments, or disagreements over land use. As a property owner, understanding how to handle these disputes effectively helps maintain both your property rights and neighborly relationships. An Illinois lawyer can guide you in the right direction.
First, Make Sure You Understand Your Property Boundaries
The first step in addressing a boundary dispute is to gain a clear understanding of your property’s legal boundaries. Review your property documents, including your deed, property survey, and title insurance policy.
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How is Parenting Time Decided in Illinois?
Parenting time, or visitation, arrangements after a separation or divorce can be challenging. While a mutual agreement between parents is ideal, sometimes a court-appointed parenting plan becomes necessary. Legal guidance from an Illinois lawyer can ease this process.
The Best Interests of Children
In Illinois, the primary consideration in all parenting time decisions is the child’s best interests. The Illinois Marriage and Dissolution of Marriage Act outlines several factors that courts will consider when determining what arrangement will best serve the child’s needs:
- The wishes of the child, considering the maturity level and ability to express reasoned preferences
- The physical
…
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Legal Strategies for Construction Project Disputes in Illinois
Construction projects are complex endeavors that often involve multiple parties, intricate contracts, and significant financial investments. Despite careful planning, disputes can arise, potentially derailing projects and straining relationships. An Illinois lawyer can help you with effective legal strategies for addressing construction project disputes, providing valuable insights for contractors, subcontractors, and property owners.
What are Common Sources of Disputes?
Before diving into strategies, it is important to recognize the typical causes of construction disputes:
- Contract interpretation disagreements
- Scope of work changes
- Delay claims
- Payment issues
- Defective workmanship allegations
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What is a Post-Decree Modification?
Life is unpredictable, and circumstances can change long after a divorce is finalized. When a substantial change in circumstances occurs, either party may seek a post-decree modification to adjust the terms of the original divorce decree. An Illinois lawyer can help explain what post-decree modifications entail and how they can help you adapt to new situations.
What Exactly is a Post-Decree Modification?
A post-decree modification is a legal process that allows divorced parties to request changes to the original divorce decree. These modifications can address issues such as child support, parenting time (formerly known as visitation), maintenance (formerly known as…
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Will My Illinois Divorce Records Be Public?
Most people understandably want to keep their divorce as private as possible. After all, divorce tends to be a low moment in life, even if it is ultimately the right decision for everyone involved. Divorce usually involves sensitive, private information, including about young children. Because of this, people are often disappointed or afraid to learn that their divorce records are public, especially when they start dating again, and want to keep that information private.
However, not all divorce records are publicly available, and in certain cases, there may be ways to seal a divorce record. It is important to…
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What is the Illinois Statute of Limitations for Personal Injury?
After people are injured in an accident, whether it is a car accident, a dog bite, a pedestrian accident, or a workplace accident, their thoughts are not usually on how much time they have to bring a lawsuit. This is especially true when the accident results in the death or catastrophic injury of a loved one.
Although thinking about how long you have to file a lawsuit after an accident may seem bothersome when you are dealing with the immediate aftermath of the accident, it is very important to do so right away. The amount of time you…
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