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Illinois Questions & Answers
2 Answers | Asked in Immigration Law for Illinois on
Q: Can I apply for a green card and 2-year home requirement waiver at the same time without legal consequences?

If I apply for both the green card and the 2-year home residency requirement waiver (J1 visa) at the same time, would there be any legal consequences or complications? Additionally, for the waiver, could I apply based on both a non-objection statement and extreme hardship at the same time, or is it... View More

Syed Ali Hussain Lahooti
Syed Ali Hussain Lahooti pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024

Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption... View More

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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: my husband had another sexual relationship with another woman while we were separated and going through a divorce.

My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.

Brian W. Reidy
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Brian W. Reidy
answered on Dec 2, 2024

First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.

In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t...
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1 Answer | Asked in Consumer Law and Products Liability for Illinois on
Q: 8 year old Gorilla playset collapsed on my Granddaughter causing severe injury. Do I have a case.

I bought my Grandchildren a Gorilla playset 8 years ago and assembled by professional.On September 28, 2024 it collapsed on 2 of the kids causing 1 severe injuries to her spleen and kidneys. It has been maintained every year and came with 10 year warranty.

John J. Malm
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answered on Nov 24, 2024

I’m very sorry for the serious injuries suffered by your grandchildren. Both the manufacturer and installer can be held liable, and possibly strictly liable, for your grandchildren’s injuries under product liability, negligence, and possibly breach of warranty theories.

Proving...
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1 Answer | Asked in Estate Planning for Illinois on
Q: My Father passed last month and left no will. He has a house, cars, retirement funds, investments and etc. can I become

Admin for his estate and does his estranged wife/separated for 14yrs receive anything?

Bryan R. Bagdady
Bryan R. Bagdady
answered on Nov 22, 2024

Yes. As an heir, you are entitled to petition the court to open the estate and be appointed as the administrator. Any of your siblings and your father's estranged wife are entitled to file such a petition. Under the Illinois statute, your father's wife and his children split the proceeds... View More

2 Answers | Asked in Traffic Tickets for Illinois on
Q: can a driver under 21 get their license revoked if they received 2 tickets but one of them were previously dropped?

I’m 17, live in Illinois, and some months ago received a ticket and court date for driving with no insurance but the charge was dropped. I today received a speeding ticket for going 20 over and will be appearing in court for this as well in about a month. Will my license get revoked?

Theodore J. Harvatin
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answered on Nov 8, 2024

Neither suspended nor revoked if you properly described your driving record and the disposition of the first ticket. What you should do is request court to provision, so it does not get written up as a conviction. The reason this is important is if you have a conviction on this one, you have to... View More

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1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Q: Are text threads enough to go to court?

I have text threads showing that $200,000 was agreed upon when I purchase the house I am currently renting. If they try saying they need more than $200K, are the texts enough to take to court?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, the short answer is that digital evidence such as texts, screenshots, emails and similar things are generally admissible today. Rules of evidence have expanded... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Per IL law: the marital home was purchased (no mortgage) with funds earned prior to the marriage.

A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?

Brian W. Reidy
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Brian W. Reidy
answered on Nov 6, 2024

With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes , can I sue ?

was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More

Charles Candiano
Charles Candiano
answered on Nov 1, 2024

Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I am 16 years old and have gotten 2 tickets. Should I be worried?

The first ticket was about 4 months after I got my license and it was 22 over. The judge reduced it to a loud exhaust. 6 months later I got a ticket for 15 over. Should I be worried about my license being taken away and would taking a driving course before my court date be beneficial?

Theodore J. Harvatin
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answered on Oct 25, 2024

Yes. Assuming you were convicted of the first ticket and if you are convicted of this one, your license will be suspended. To avoid that you should request court supervision on the new ticket. You’ll have to bring a parent or guardian with you to court and get the permission of the judge to... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

2 Answers | Asked in Tax Law and Real Estate Law for Illinois on
Q: If my property was sold in Illinois for back property taxes, can I ask for an extension?

My mother passed away in 2019. My grandmother had life insurance policy on her and agreed to pay the next three years of property taxes in Madison county Illinois. Well apparently she didn't, and I was served a certified letter about losing my home and property... Can I ask for an extension?... View More

Robert Shipley
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Robert Shipley
answered on Oct 13, 2024

There is a redemption period for unpaid real estate taxes. Below is from the county clerk website from Madison County:

Contact us

Madison County Clerk

P.O. Box 218

Edwardsville, IL 62025

Call: 618 692-6290

Fax: 618-692 8903

Hours: 8:30 a.m. -...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2024

Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More

1 Answer | Asked in Consumer Law and Car Accidents for Illinois on
Q: Should the car insurance have provided me a car rental / paid for my car payments while my car is in the shop?

For a deer collision? My car was in the shop for 6 months, and i was only given 30 days of car rental. I continued paying for my car even though i wasn't driving it. I had no vehicle for 5 months. I have a full time job, and i’ve missed a lot of work. Should the insurance have paid for my... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2024

This is not a legal question but I will answer it as best I can from personal experience. When you purchase car insurance, car rental coverage is usually defined by duration and the amount payable per day. For example, 30 days at $50 per day. The duration is generally fixed at 30 days. The only... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Two years ago in an E.R., was told I had pneumonia but didn’t tell me I had a heart attack. Can I sue?

I was taken by ambulance. Told my husband I had bacterial pneumonia which had caused some delirium. When I was admitted and coherent I was told the same thing. No mention of a heart attack by any doctor or nurse. Due to terrible care, I left shortly after being admitted and put in a room. Discharge... View More

Charles Candiano
Charles Candiano
answered on Oct 3, 2024

You can sue anyone. If you are asking whether you can recover, on your facts (you sustained no harm as a result and your own cardiologist didn't mention it until you asked, 2 years later), you cannot recover. I medical negligence (a/k/a medical malpractice), the rule is no harm, no foul.... View More

3 Answers | Asked in DUI / DWI and Constitutional Law for Illinois on
Q: Can a judge stop DA FROM Dropping MY CASE ON MARCH 5 STATE SAID THEY DONT HAVE NO CASE Said they GOING DISMISS MY CASE

Judge stop DA FROM DROPPING MY CASE SAID NO AND ASSIGNED ANOTHER DA CAUSE HE'S PREJUDICE

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 25, 2024

No.

A presiding judge rules on the motions, evidence and merits, he does not “dismiss” a case. The judge may find a defendant not guilty (acquitted), but an outright case dismissal lies within the prosecution agency (either a district attorney’s office or state attorney’s office,...
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1 Answer | Asked in Workers' Compensation and Medical Malpractice for Illinois on
Q: Can we appeal denied workers comp after being misdiagnosed for heart attack symptoms by employer's physicians?

My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More

Charles Candiano
Charles Candiano
answered on Sep 23, 2024

To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: What would you need to sue a shoe manufacturer or company if you sustained an injury from a defective shoe.

I was running and my shoe ripped open from the front and I sustained a hip and leg injury.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, to answer your question about what you'd need, it would include being able to prove that the shoe was defective, either in its design, manufacture, or failure... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: My husband caused an accident and was issued a citation for running a red light. No injuries. Court appearance required.

My husband, 28, has a clean driving record prior to this incident. He got t-boned in an intersection and was issued a citation from the reporting officer for running a red light. The officer told him, because it was a collision, that traffic court is required. Why is that?? Will it be considered... View More

Tim Akpinar
Tim Akpinar
answered on Sep 17, 2024

An Illinois traffic ticket defense attorney should advise, but you await a response for over a week. The short answer in most places is that it shouldn't be considered reckless driving if it didn't involve speeding, a distraction, or other factors. In many instances, it would be failing... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: If I recieve a new ticket before I am given court supervision, will my license be suspended if I just pay the 2nd ticket

I was given a speeding ticket 2 days before my hearing for another ticket, if I am offered court supervision for the 1st will it affect the second ticket?

Theodore J. Harvatin
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answered on Sep 13, 2024

The first thing you should do is ask for supervision on the second ticket. In order for them to revoke the supervision on the first ticket, they would have to know about it. (I don’t know if they were both in the same county) and then file papers with the judge to have the supervision revoked).... View More

1 Answer | Asked in Contracts for Illinois on
Q: Breach of contract

Can I Sue for breach of contract because I was in the hospital 5 years later

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. The question isn't fully clear in the way it's written, but it looks like you may be asking if a hospital stay gives you more time to sue than allowed by your state's statute of limitations? Do... View More

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