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Recent Blog Posts

Review of Assault Charges in Illinois

 Posted on July 24, 2024 in Criminal Defense

IL defense lawyerHuman beings are complicated. People are unpredictable and can respond differently to the same thing based on several factors: how they feel when they wake up in the morning, whether they got into a fight with their boyfriend or girlfriend, pressure at work, money troubles, and so on. You might be going about your day expecting it to end like every other day and suddenly find yourself involved in an altercation that has taken you by surprise. Whether someone did something to trigger your rage or something has triggered theirs, a physical clash can lead to assault charges, which can have serious legal implications. This article will review the types of assault charges in Illinois. If you think you might be facing assault charges, speak with a skilled Will County, IL criminal defense attorney to understand your options.

What Is Assault?

The state of Illinois treats accusations of assault very seriously. Assault does not necessarily involve physical contact but can sometimes mean the threat or attempt to cause harm to another person.

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How to Prove Truck Driver Fatigue Was the Cause of Your Crash

 Posted on July 15, 2024 in Car Accidents

IL injury lawyerTruck driver fatigue is a serious issue, often leading to devastating accidents. If you have been involved in a crash with a commercial truck and suspect driver fatigue played a role, it is important to gather evidence to support your claim. An Illinois lawyer can walk you through the steps to prove truck driver fatigue and protect your rights.

What You Should Know About Truck Driver Fatigue

Truck driver fatigue can result from various factors, including long hours on the road, inadequate rest periods, sleep disorders, medication side effects, and demanding schedules and deadlines. These factors can significantly impair a driver’s judgment, slow reaction times, and even lead to microsleeps behind the wheel.

The effects of fatigue on driving performance are similar to those of alcohol impairment. A driver who has been awake for 18 hours straight experiences impairment equivalent to a blood alcohol concentration (BAC) of 0.05%. After 24 hours without sleep, this increases to the equivalent of 0.10% BAC – well above the legal limit for driving.

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Are Agricultural Workers Covered Under Workers’ Comp?

 Posted on July 08, 2024 in Workers' Compensation

IL injury lawyerAgriculture is one of the most dangerous industries in the nation. There were more than 21,000 injuries between 2021 and 2022 in the agricultural production industry that necessitated employee time away from work. Considering the agricultural industry is well-known for under-reporting injuries, this number may be far from accurate.  

Almost a third of agricultural injuries are from falls. The agricultural industry (which includes hunting, fishing, and forestry), consistently has the highest rate of fatalities from work-related injuries. The main cause of death for farm workers is from transportation accidents. Injuries from farming can also occur when the worker is handling livestock or is exposed to chemical pesticides.

Because workers’ compensation laws can be complicated, it is essential that you speak to a knowledgeable workers’ compensation attorney from McNamara Phelan McSteen, LLC. Once you have a lawyer who will fight for your rights and your future, you can take the time you need to heal from your injuries.  

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When Does a Repeat DUI Turn into a Felony?

 Posted on June 26, 2024 in DUI

Will County DUI lawyerIn Illinois, driving under the influence (DUI) can have serious, life-altering repercussions. While a first-time DUI is typically charged as a misdemeanor, repeat offenses can escalate to felony charges. Understanding when and how this escalation occurs is crucial for anyone facing multiple DUI allegations. An Illinois lawyer can help you determine how to move forward with your case.

Misdemeanor vs. Felony DUI

In Illinois, the distinction between misdemeanor and felony DUI charges depends on several factors, including the number of prior convictions and specific circumstances surrounding the offense.

First and Second DUI Offenses

Generally, first and second DUI offenses in Illinois are classified as Class A misdemeanors. However, it is important to note that even these “lesser” charges carry significant penalties, including:

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What to Do if Attacked by a Dog While Walking

 Posted on June 19, 2024 in Personal Injury

Joliet personal injury lawyerA dog attack can be a horrific experience, leaving you with physical injuries, emotional trauma, and a long road to recovery. After such an incident, you should take the necessary steps to protect your health, well-being, and legal rights. An Illinois lawyer can guide you through the process so you know what to do next.

Prioritize Your Health

Seek medical attention immediately, even if the injuries appear minor. Dog bites can lead to serious infections, such as tetanus or rabies, and may require antibiotics or other treatments. A medical professional will clean and dress your wounds, assess the extent of your injuries, and provide you with a treatment plan. Be sure to follow instructions carefully and attend all follow-up appointments to ensure proper healing and to minimize the risk of complications.

Document the Incident

As soon as possible, report the dog attack to your local animal control agency or police department. Provide a detailed account of the incident, including the date, time, location, and a description of the dog and its owner, if known. Request a copy of the incident report for your records.

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Steps to Take if Your Workers’ Compensation Claim Is Denied

 Posted on June 14, 2024 in Workers' Compensation

Will County workers' compensation lawyerDealing with a work-related injury or illness is never easy, but it can become even more challenging when your workers’ compensation claim is declined. You do not have to give up if you are in this situation. You can take several steps to fight for the benefits you seek with an Illinois lawyer.

Find Out the Specific Reasons for Denial

The first step is to review the denial letter from the insurance company carefully. They are required to provide a clear explanation of why your claim was denied. Common reasons include:

  • Missed deadlines for reporting the injury or filing the claim
  • Insufficient medical evidence to support the injury or its work-related nature
  • Disputes over whether the injury occurred at work or was pre-existing

Once you understand the basis for the denial, you can start gathering evidence to counter their arguments.

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What to Expect During a Domestic Violence Case

 Posted on June 10, 2024 in Criminal Defense

Joliet criminal defense lawyerFacing domestic violence charges can be life-altering. If you find yourself in this situation, it is important to understand the legal process and what to expect as your case unfolds. An Illinois lawyer can help you understand the stages and considerations in a domestic violence case based on your circumstances.

The Arrest and Charges

In most domestic violence cases, the alleged abuser is arrested at the scene of the incident. The police will take statements from the parties involved and any witnesses present. Based on the evidence gathered, the State’s Attorney’s office will decide whether to file charges. In Illinois, domestic violence charges can range from misdemeanors to felonies, depending on how severe the alleged offense is.

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Workers’ Compensation for Police Officers with PTSD

 Posted on May 29, 2024 in Workers' Compensation

IL injury lawyerAll jobs have some sort of risk for a workplace injury. Jobs with a much safer daily routine might present employees with a higher risk for something like carpal tunnel syndrome, for example, if the worker sits at a desk typing on a computer most of the day. Other jobs have more risk for physical injury, for example, movers and athletes who might strain their muscles or have people or things collide with them more. Some jobs can be emotionally difficult or put people in real danger, and they present a higher risk of PTSD. For example, it is not unusual for police officers to witness something gruesome, be in traumatic or stressful situations, or have friends and colleagues get injured or killed in the line of duty. PTSD could impact them and make it hard for them to keep going to work. This article will discuss workers’ compensation for police officers with work-related PTSD. If you are suffering injuries or ailments from your workplace, speak with a dedicated Will County, IL workers’ comp attorney to understand your options.

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The Dangers of Seat Belt Injuries

 Posted on May 22, 2024 in Car Accidents

IL accident lawyerSeat belts have been proven so beneficial that they are now required in passenger vehicles. They can keep you safe in a car in various scenarios where being secured to your seat is important. However, when a car withstands heavy impact, a person inside can be jerked around violently, and the seat belt that is there to keep you safe can end up causing even more injury. The area on a person’s body where the seat belt lies is then prone to further trauma, including lower back and chest fractures, perforated bowls, and intestinal damage. If you or a loved one suffered from seat belt injury following a car accident speak with a skilled Will County, IL personal injury attorney to understand the options for compensation.

What Prognosis Is There with Seat Belt Injury?

Otherwise known as “seat belt syndrome,” seat belt injury covers a wide range of scenarios, and the prognosis depends on each individual’s injuries. For example:

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Child Endangerment Accusations in Illinois

 Posted on May 15, 2024 in Criminal Defense

IL defense lawyerThe state of Illinois takes accusations of child endangerment very seriously and charges accordingly. Unfortunately, uninvolved accusers may not always have the full picture. Sometimes, it can seem to an outside eye that a child is in danger, when in fact, the parent is simply acting in the child’s best interests. This can even happen if a child is given a serious punishment that the parent hopes will teach them a lesson so they will make smarter and safer choices in the future. No one is legally permitted to harm anyone else, and of course, the same is true for parents. However, parents are free to discipline their children however they see fit as long as the child is not in danger. People outside the family might have gotten a bad impression about how someone is parenting their child, but the accused parent certainly has rights and should be considered innocent until proven guilty. A skilled Will County, IL criminal defense lawyer can fight to make sure that happens.

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