It is common practice in certain industries to hire independent contractors. A contractor is preferred if certain work is only seasonal or needed so sporadically that hiring a full-time employee is excessive. Simply put, independent contractors offer employers flexibility and affordability.
However, the use of independent contractors raises important legal questions. First and foremost, if a contractor commits a wrongful act that harms another individual or entity, can the employer be held liable? Like most legal questions, the answer, of course, depends.
Although the general rule is that the employer cannot be held liable for independent contractors’ actions, there are
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Recovering Damages for Emotional Distress in an Illinois Injury Claim
When people think of serious personal injuries, they think mostly of physical injuries. However, some of the most lasting, debilitating injuries are of a psychological nature. Mental trauma – known as emotional distress in the legal world – has serious implications that may prolong a victim’s path back to normal. It may be difficult to work, maintain relationships, and process emotions normally. The toll on the victim and their family can be enormous. However, in certain circumstances, damages for emotional distress can be recovered.
What is Emotional Distress
The definitions of emotional distress vary, as each victim experiences the
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Why Millennials Are Using Prenuptial Agreements
Each successive generation has its own take on marriage. They buck the conventions of their parents and grandparents to leave their own imprint on the rite. The millennial generation is no different. Of course, millennials are marital trailblazers in more than one way, but one of their most striking departures is found in their embrace of a once-taboo agreement – the prenuptial agreement or “prenup.” A prenuptial agreement is a contract between soon-to-be-married parties that delineates financial rights in the event of divorce. In the past, the prenup was misunderstood as an affront to the sanctity of marriage, but
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What Are Punitive Damages in an Illinois Personal Injury Claim?
When someone suffers injuries because of negligence or wrongdoing, they can file a personal injury lawsuit against the responsible party. If this suit is successful, they receive what are known as “damages.”Damages are meant to serve as financial compensation for the injuries the plaintiff suffered because of the defendant’s misdeeds.
People with only a passing knowledge of personal injury law are familiar with compensatory damages or damages intended to compensate the victim for losses. However, far fewer are aware a second damages category exists – punitive damages.
Punitive Damages: The Basics
As mentioned above, damages are meant to address the
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Considering a Prenup? Make Sure it is Valid.
Prenuptial agreements are becoming increasingly popular among engaged couples of all ages. Prenuptial agreements can protect both spouses’ financial interests in the event of divorce or the death of a spouse. They also represent an important opportunity for engaged couples to discuss financial plans and expectations before they walk down the aisle. In a country where financial problems are consistently cited as a top cause of divorce, financial transparency is crucial to building a strong marriage.
However, prenuptial agreements must meet certain criteria to be legally binding. If a prenup does not meet these requirements, it may be completely useless
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“Speedy Trial” Law to Be Restored in Illinois Criminal Cases
COVID-19 influenced almost every aspect of our lives. So, it is probably no surprise that the pandemic affected the criminal justice system too. Illinois courts have been scrambling to keep up with cases utilizing Zoom or other teleconference technology, however, the court system is still significantly backed up. In response to the pandemic, Illinois temporarily suspended the state’s “speedy trial” law in April of 2020. This law mandates that criminal defendants be tried within 120 days after being taken into custody or 160 days if they are out on bond. Fortunately, the speedy trial law is being reinstated.
Criminal Defendants
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Can I Sue for Damages if I Suffered an Electric Shock?
Electric shocks vary in severity. Most people have received a minor shock at one point in their lives. However, some electric shocks cause permanent or fatal damage to the shock victim. If you were injured due to electric shock or your loved one was the victim of a fatal electrocution accident, you may be able to sue for damages through a personal injury lawsuit or wrongful death lawsuit. If the electric shock accident occurred at work, you may be entitled to workers’ compensation.
The Consequences of an Electric Shock Accident Can Be Severe
Being shocked can be a painful,
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How Does Fault Influence an Illinois Workers’ Compensation Claim?
Work accidents can lead to traumatic brain injuries, spine injuries, neck injuries, internal organ damage, broken bones, and other serious injuries. Many work injuries are the result of sudden traumatic accidents. Others are caused by long-term exposure to hazardous chemicals, cumulative trauma caused by repetitive motion, or years of manual labor. In Illinois, workers’ compensation is “no-fault” meaning that you do not have to prove another party was at fault to recover compensation. However, there are still ways that fault can influence your case.
Workers’ Compensation Claims and Fault
To recover compensation for medical expenses and lost income through your
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Arrested After a Bar Fight? You May Be Facing Serious Charges
Now that bars and restaurants are opening back up, many Illinois residents are eager to enjoy a night out. Unfortunately, sometimes a fun night out on the town ends with police sirens and handcuffs. If you or a loved one were arrested after being involved in a bar fight, you may be unsure of what will happen next. Can you face jail time for getting into a physical altercation at a bar? What if you were only defending yourself? Individuals who have allegedly gotten into a bar fight are often charged with serious offenses like assault and battery which are
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Unique Co-Parenting Strategies to Consider After Your Illinois Divorce
When parents get divorced in Illinois, they must decide how to share parenting duties after the split. Divorcing spouses without children can walk away from a divorce and never speak to each other again if they choose to. However, divorced parents are typically still involved in each other’s lives – even if they would rather not be. A strong co-parenting relationship can dramatically reduce the stress of divorce on children, however, productive co-parenting is difficult when parents do not see eye to eye on parenting issues. Fortunately, there are many different co-parenting strategies to choose from.
Parallel Parenting May Be
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September 17 is Concussion Awareness Day
Concussions are unique in that they can range dramatically in terms of severity. Some people suffer a concussion and do not even realize it. Other concussion sufferers are left with debilitating symptoms that influence nearly every aspect of their lives. If you or a loved one suffered a concussion in a work accident, car crash, slip and fall, or another incident, it is important to explore your legal options with a skilled injury attorney. You could be compensated for your medical bills, lost wages from missed work, and more.
Concussion Symptoms are Often Insidious
Concussions are a
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How Can an Injury Lawyer Help Me After a Hit-and-Run Crash?
Everyone knows that you stop and exchange contact information after a car accident. Not only is it the law, but it is also the ethical thing to do. Unfortunately, some people attempt to evade responsibility for an accident by speeding off from the scene – even if the crash caused injuries. If you or a loved one were hurt in a hit-and-run in Illinois, a personal injury attorney can help you pursue compensation for your damages. You may be entitled to compensation even if the other driver is never located and brought to justice.
Legal Options for Hit and
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The DCFS Accused Me of Child Abuse. Now What?
Whether you are a parent, stepparent, grandparent, aunt or uncle, or childcare worker, being accused of intentionally hurting a child is shocking. If you were recently contacted by The Illinois Department of Children and Family Services (DCFS) due to accusations of child abuse, you may be caught completely off guard. You may have questions like, “Will I face criminal charges?” and “What can I do to clear my name?” The first step after learning that you are the subject of a DCFS investigation is to contact a skilled attorney. Your lawyer can help you understand the accusations laid against you
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Cryptocurrency Like Bitcoin Increasingly Used to Hide Assets During Divorce
Words like “Bitcoin,” “Ether,” and “Dogecoin” were completely foreign to the general public until approximately ten years ago. Since its inception, cryptocurrency has surged in popularity. Some estimates put the total value of the top ten cryptocurrencies at $1.2 trillion. If your spouse has invested in cryptocurrency and you plan to divorce, you may be entitled to a share of the currency’s value. Unfortunately, the mutable nature of cryptocurrency makes it hard to value in a divorce. Even more importantly, cryptocurrency is not stored in a bank like traditional forms of currency which makes it a popular vehicle for
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Are Psychological Evaluations Used in Illinois Child Custody Cases?
Mental health can be a touchy subject, especially when it is in the context of a legal proceeding such as a child custody dispute. If you are getting divorced or you are in the midst of a child custody case, you may have questions about how mental health evaluations or psychological testing could impact your case. Can you require the other party to undergo psychological testing? What happens if your soon-to-be ex-spouse asks you to undergo mental health evaluations? How do the results of these tests impact the outcome of the case? Who pays for psychological testing?
Understanding Mental Health
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Passenger Injuries in Illinois Car Accident Cases
When we think about car crash insurance claims and personal injury lawsuits, we often assume that the driver is the person who was injured. However, passengers often suffer injuries just as severe or worse than drivers during an accident. If you were riding as a passenger in a vehicle and that vehicle got into a car accident, it is important to explore your legal options. You may be entitled to compensation for your medical expenses and other damages.
Seeking Compensation After a Passenger Injury
Brain injuries, broken bones, internal organ damage, and disfiguring lacerations are just some of the
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