Tuesday, December 27, 2016

New Illinois Law Respecting Cyclists

Known as “Dennis's Law,” the stimulus for the law came after a judge's ruling on a 2015 fatal accident in which 68-year-old Hampshire, Illinois, resident Dennis Jurs was killed in a collision with a vehicle.The new amendment explicitly states that cyclists “shall be granted all of the rights” of vehicle drivers.

Monday, December 12, 2016

Civil Statute of Limitations

In civil law, plaintiffs have time limits in which to file a civil claim, collectively called "statutes of limitations." These laws are in place to ensure that claims are made while evidence is still fresh. They also help prevent the constant "threat" of a lawsuit hanging on indefinitely. Illinois civil statute of limitations laws impose a two-year time limit for personal injuries and a five-year statute of limitations for injury to personal property.
The clock typically starts running at the time an injury is suffered. But that's not always the case. It technically doesn't start until the "accrual of claims," which could be the point at which the injury (or its cause) is discovered. The so-called "discovery rule" allows a suit to be filed within a certain time after the injury is discovered or reasonably should have been discovered.
Additionally, the statute of limitation may be "tolled" -- or paused -- for a period of time. This may happen if the plaintiff was a minor (under 18) or mentally incompetent at the time the injury occurred. Also, statutes of limitation may be shortened through contract.

Friday, December 2, 2016

Contested Divorce

Contested divorce can be described as a process where both parties may want the divorce, but cannot agree on all the issues necessary in order for a divorce to be entered such as: child custody, child support, spousal support and property division. Sometimes one spouse does not want the divorce, but a divorce will happen if pushed for by either spouse. Every divorce, contested or uncontested, begins with the filing of a Petition for Dissolution of Marriage. Every divorce ends with a court date, either a “prove up” or a ruling for a judge. In the interim the lawyers and spouses attempt to settle their case and may have interim or temporary hearings on issues with the Judge before case is finalized. This process can take anywhere from a couple of weeks to a couple of years. There are many variables to how long a divorce will take to be resolved.