Compensatory and Punitive Damages

Typical damages in a personal injury claim include medical expenses, lost income, reduced future earning capacity, and pain and suffering. Punitive damages are above and beyond compensatory damages and are intended to punish the at-fault party for behavior that is especially reprehensible. Illinois law states that a plaintiff may be awarded punitive damages if he or she can prove that the defendant’s actions were with “evil motive” or reckless disregard for the safety of others. Punitive damages are referred to as “exemplary” damages because they are designed to “make an example” out of the defendant and discourage other parties from acting similarly.

Punitive damages are not recoverable under the Illinois Wrongful Death Act or in medical malpractice cases. However, punitive damages may be available in cases involving product liability, car accidents, premises liability such as “slip and fall” injuries, and other types of injuries. In order to obtain punitive damages, your attorney will need to show “clear and convincing” evidence that proves the egregiousness of the defendant’s actions. #punitivedamages, #compensatorydamages,

Resentencing Law

The new Illinois state resentencing law provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice.#resentencinglaw,

Driving On Suspended/Revoked Drivers License

In Illinois, the base level charge for driving on a suspended or revoked license is a Class A misdemeanor, which carries up to 364 days in jail and $2,500 in fines. If you are driving with a suspended license after being convicted of DUI, Illinois law requires at least 10 days in jail or 30 days of community service. #drivingsuspendedlicense, #drivingrevokedlicense,

Attorney Escrow Account

At the onset of representation, and throughout the course of the case, an attorney who receives, maintains, or disburses client funds is almost always required to establish a “client trust account” or “escrow” account, separate from any account used for firm business or for any other purpose.

The client trust or escrow account is usually just a separate bank account that is opened and maintained by the attorney or firm, and which is dedicated solely to money received from and intended for clients. #escrowaccount. #attorneyclientfundsaccount.

Judicial Qualifications

In Illinois, a judge at any level must be a citizen of the United States, an attorney licensed to practice in Illinois, and a resident of the district or circuit to which the judge is appointed or elected. Partisan elections, set by the political parties, elect an Illinois Supreme Court justice to a ten-year term. #judicialqualifications,

Police Lineup

The typical police lineup usually consists of placing a criminal suspect in a group of other individuals who had nothing to do with the crime. The eyewitness is tasked with the responsibility of identifying the suspect.

One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup. This process usually involves having the suspect and four or five other people line up against a wall.

Another common way to conduct a police lineup is to present the eyewitness with a series of pictures. Photo lineups typically include six or more photos. #policelineup,

Appellate Court

The Illinois Appellate Court is the intermediate appellate court in Illinois. First established in 1877, it hears appeals from verdicts reached at the trial level (the circuit courts in the state), and its decisions, in turn, can be appealed to the Illinois Supreme Court. Theappellate court's task is to determine whether or not the law was applied correctly in the trial court. The appeals courts consist of three judges and do not use a jury. #appellatecourt,

Uncontested Divorce

A simple uncontested divorce takes as little as two months, while a contested divorce can take much longer depending on the issues involved. For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement. #uncontesteddivorce,

Failure To Pay Child Support

Failing to pay child support for six months or owing more than $5,000 can be charged as a Class A misdemeanor. If more than $20,000 in child support is past due, it can result in a Class 4 felony and incarceration for up to three years and a suspension of driving privileges.  #childsupport, #failuretopaychildsupport,

FOID Card

To be eligible for a FOID card, a person must be 21 years of age or have a parent or guardian sponsor that is eligible for a FOID card. An applicant must not be prohibited from possessing firearms in accordance with state or federal law. This requires the applicant is/has: Not been convicted of a felony. #foidcard, 

Warranty Deed

There are several ways to transfer real estate title. A warranty real estate deed transfer is the most common type of deed used when properly is sold to a third party in a typical real estate transaction.

A warranty deed promises that the person transferring the property has good title to it and the right to sell it. It includes protections for the buyer, such as compensation if there is anyone else who holds superior title to the property. This type of deed promises that there are no liens on the property such as a mortgage, tax lien, or creditor’s liens.

When a warranty deed is executed, a title search (a check of past deeds and liens for the property) is conducted to verify the seller has good title. Title insurance is usually purchased as part of the sale to protect the new owner if there is a problem. Warranty deeds are always filed with the county after they are executed. warrantydeed,

Small Claims Coourt

 Small claims court may be used only for certain types of cases. For example:

        `  Lawsuits such as breach of contract, property damage, or personal injury.

• All evictions, regardless of the amount of rent claimed.

• Repossessions of property if the property consists of consumer goods which are leased or purchased on credit from a dealer, or if the value of the property does not exceed the amount that is determined by county where filed.

• Garnishments to enforce judgments from funds owed to debtors.

• The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00. #smallclaimscourt,

  
  
  

Defamation

The terms libel, slander, and defamation are frequently confused with each other. They are all similar in that they all fall into the same general area of law that concerns false statements which harm a person’s reputation. This general area of law is called defamation law. Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral. #defamation, #libel, #slander,