Family Law and Personal Injury Attorneys
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Pedestrian Narrowly Avoids Injury in Hit-and-Run
Thomas Anderson, a 68-year-old radiologist narrowly missed a harrowing death in early October when a hit-and-run driver hit and injured one of the two dogs he was walking in Wicker Park. According to the Chicago Tribune, the “hit-and-run happened near the intersection of Damen Avenue and Schiller Street—three blocks south of where police said [Hector De Anda Martinez] already had sideswiped a taxi while speeding.” Martinez has since been charged with a felony aggravated DUI and cited for not having a valid driver’s license or insurance, police told the Tribune.
Rosey, a 10-year-old black Labrador retriever mix, was injured in the accident but not killed, and, according to the Tribune, is now recovering at home. After the accident occurred, a preliminary police report states, Martinez “accelerated from the crash without attempting to stop and exchange information or render aid.” According to DeadlyRoads.com, in Illinois “the driver of any vehicle involved in a motor vehicle accident resulting in personal injury or death of another person shall immediately stop such vehicle at the scene of the accident.” Although a human was not injured in an accident such as the one experienced by Anderson, apparently the law still applies.
Rules of the Road for a Successful Divorce Case in Illinois
1. Talk to an attorney first! - It is very important that you talk to an attorney before doing anything else. Your lawyer will help you to assess the case and should thoroughly educate you in the area of Divorce law. You can contact our Hinsdale divorce attorneys for a free initial consultation. 2. Talk to your spouse second! - Obviously, once you have an idea of what is going to happen in your divorce, you are better able to talk with your spouse and try to work things out. But without first consulting a divorce lawyer, you are in no position to negotiate a deal. 3. Explore Mediation with your Attorney! - Mediation is a process whereby parties use a neutral person to try to reach an agreement. It has a very high success rate and allows spouses to dictate their own agreement without having a Judge reach an agreement with which neither party may be satisfied. 4. Children? Help them cope with Divorce! - Take the course "Helping Children Cope with Divorce". This course is required in Bexar County prior to the granting of a divorce and is available around the State. It helps parents understand how little comments or actions on their part can have a devastating effect on their children. 5. Be smart - stay rational - and heed the advice of your attorney! - Going through a divorce is kind of like going through a temporary state of insanity. It is only a matter of degree. For more information on Family law and Divorce in the DuPage County area or within Illinois, contact Martoccio & Martoccio at 630-920-8855 or visit their website at www.hinsdalelawyers.com.
Citing Grounds or Irreconcilable Differences in an Illinois Divorce Case
Illinois law offers divorces in two ways: those where a specific reason is given (“grounds), and those where no reason is given (“irreconcilable differences”). Before filing for an Illinois divorce it is important to discuss with your attorney the best course of action for citing a reason, as giving a reason with grounds could present burden of proof issues that could affect the outcome of the divorce dependent on the intent of your ex-spouse. In Illinois we use the term "irreconcilable differences" to describe what others know as a "no fault" divorce. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court or other court to grant a divorce in response to a petition by either party to the marriage, without requiring the petitioner to provide evidence that the respondent has committed a breach of the marital contract. To prove this reason, you must be separated from your spouse for at least 2 years, or 6 months if you're in agreement about the divorce. You must state that both of you have made all efforts to try to work out your problems, but your marriage cannot be saved. You do not need to describe any specific behavior that your spouse did to prove irreconcilable differences. On the other hand there is the ability to cite one of three grounds for divorce in Illinois. The issue with citing grounds in your Illinois divorce case is that each one carries a burden to prove or make a showing of the conduct being cited as the grounds. 1) Mental Cruelty: To prove mental cruelty you must describe repeated behavior by your spouse that made you feel sad, nervous, or upset. You must also show that you did nothing to make your spouse treat you in that way. 2) Physical Cruelty: To prove physical cruelty you must describe repeated physical acts of violence by your spouse towards you. You must also show that your spouse's actions injured you or made you scared, nervous or upset. You must also show that you did nothing to cause your spouse to act that way. 3) Drug Addiction or Drunkenness: The addiction must go on for at least two years. For more information on Family law and Divorce in the DuPage County area or within Illinois, contact Martoccio & Martoccio at 630-920-8855 or visit their website at www.hinsdalelawyers.com.
Two People Hurt in Home Invasion
People are injured all the time under different circumstances, but when you get shot, not much is left to imagination regarding your injury. A home invasion on October 2 in North Aurora led to two people getting shot. Both victims survived the incident, and police are now looking for two suspects. The Chicago Tribune reported a story about the incident.
The two victims were in an apartment on South River Road when the shooting took place around 7:05 a.m. When the police arrived at the scene, they found two men, ages 22 and 23, with one gunshot wound each. The 23-year-old was shot to the chest and the 22-year-old to the arm.
Both men were conscious, and they both managed to exit the apartment without assistance, police said. The men were taken to Provena Mercy Medical Center for treatment. Their conditions remain unknown.
Ex-wife of Former Dodger Owner Seeks Modification of Settlement
The McCourt divorce was national news as it was finalized a year ago. It was just a part of the maelstrom which engulfed the world of Dodger baseball for the past three years. Frank McCourt, the former owner of the MLB Los Angeles announced that he was separating from his wife on October 14th, 2009 after 30 years of marriage. After nearly two years of battling for control of the Dodgers franchise, the Los Angeles Dodgers were forced to file for bankruptcy. Finally on October 17th of last year, a divorce settlement was reached awarding Jamie McCourt the amount of $130 million and no ownership stake in the team.
Police Looking For Hit-And-Run Driver
A middle-aged man was seriously hurt when a driver struck him with a car and fled the scene. The Chicago Tribune reported a story about the still-unresolved case.
The incident took place on September 24 in the Kilbourn Park neighborhood of Chicago just before 4 p.m., a community alert from the police's Major Accident Investigation Unit said. The victim was hit by a silver SUV, and he flew on the car's windshield before falling on the ground. The driver got out of the vehicle to ask the victim, who was lying on the ground, if they are okay - only to run back to his SUV and drive away through an alley -, police said.
Chicago police gave the press the description of the hit-and-run driver, who injured the 52-year-old bicyclist on the Northwest side of the city. The driver was said to be a Hispanic man around 30 years of age, about 5-foot-10, weighing 180 pounds, and with a tattoo on his forearm. The suspect drove away from the scene in an SUV that was possible a 2000 Toyota Rav4.
The Benefits of a Divorce Coach
The last fifteen years has seen the growing popularity in divorce coaches. These professionals were once psychologists, attorneys, and other professionals who rebranded themselves to help people through divorces. It is comparable to having a wedding planner to walk you through your wedding. These coaches help people with the equally stressful, emotional and sometimes disorienting process of divorce.
Since their original inception, divorce coaches have become specialized in certain fields like law, finance or counseling. Yet, it’s hard to know if all divorce coaches have received training in the process of divorce. If you aren't careful, you could be relying on someone who has been divorced not someone who has helped someone get divorced.
Judge Overturns Jury Award Against Railroads for Teen Misconduct on Private Property
Despite saying that a moving train presents an obvious danger, the Illinois Supreme Court on Thursday overturned a $3.9 million jury award against a trio of railroad companies according to the Madison Record.
In a unanimous decision delivered by Justice Charles Freeman, the court found that the circuit and appellate courts committed reversible error when they let the jury determine the defendants' duty to the plaintiff, who injured himself attempting to jump onto a moving train.
"This determination of defendants' duty is a question of law for the court," Freeman wrote, explaining that the defendants in this case were entitled to a judgment notwithstanding a verdict.
He added, "It has never been part of our law that a landowner may be liable to a trespasser who proceeds to wantonly expose himself to unmistakable danger in total disregard of a fully understood risk, simply for the thrill of the venture."
How Does the Divorce Process Work in Illinois?
In order to file for dissolution of marriage, or what is more commonly known as divorce, in the state of Illinois, either you or your spouse must be a resident of Illinois for at least 90 days. If the your spouse has never lived in Illinois or taken any action to put himself or herself under the jurisdiction of the Illinois court, then you can get divorced in Illinois, but the court will have no power to order your spouse to do anything, such as pay child support or pay marital debts.
A divorce action is initiated when you file a Petition for Dissolution of Marriage in the circuit court of the county in which either you or your spouse lives. A copy of the Petition must be served on your spouse, who then has 30 days to file an Answer to the Petition.
$1.8 Million Settlement Reached for Family Injured in 2003 Metra Train Derailment
On Sunday, October 12, 2003, Kathryn Kuk, Steven Kuk and Megan Kuk were passengers on a Metra train (2 locomotives and 5 passenger cars) that was transporting passengers from Chicago to Joliet, Illinois. Steve had just run the marathon that day and his wife, Kathryn and daughter, Megan were there to help Steve celebrate the achievement. They boarded Metra train 519 and headed home. As the Metra train approached the intersection of Federal Street and 47th Street in Chicago, the train's engineer missed a red stop light. The train derailed at a speed of 68 mph, where the maximum speed was 10 mph.
As a result of the derailment, Kathryn Kuk suffered multiple injuries, including severe lower back injuries resulting in Grade II spondylolisthesis at L-5, S-1. The injury required two fusion surgeries to her low back. Due to the debilitating nature of her back pain, Ms. Kuk has also had to have a permanent spinal cord pain stimulator implanted. To this day, Ms. Kuk continues to suffer debilitating pain in her low back. Megan and Steve had minor injuries that required only a few doctor appointments.
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