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Recreational Marijuana and Criminal Records
By: Kal Issa
With the passing of House Bill 1438, which allows for the legal possession of Cannabis, many individuals who have had criminal records based on the mere possession of certain amounts of marijuana will have the opportunity to have their criminal record wiped clean. That is because the bill will provide those individuals the ability to have their arrests, cases, and convictions expunged, making it as if it never happened at all.
House Bill 1438, known as The Cannabis Regulation and Tax Act, amends the Criminal Identification Act, which addresses the sealing and or expunging of certain criminal offenses. Sealing allows a record to be hidden from public view, while still being accessible to certain entities. Expungement, on the other hand, allows for the complete obliteration of a criminal record, essentially wiping the past away.
The new law allows previous “minor Cannabis offenses” to be completely removed from an individual’s history so long as the arrest, charge or disposition was for a Cannabis related offense involving less than 30 grams. This includes not only mere possession of Cannabis but even Possession with Intent to Deliver, Delivery of Cannabis or Manufacturing Cannabis. However, the prior offense must not be for delivering (or intending to deliver) to a minor nor can the offense have been associated with a violent crime.
Pedestrian Accidents in Illinois
Even while taking safety precautions as a pedestrian, it is still possible to get hit by a car or truck. In the United States, there were just under 6,000 pedestrian deaths in 2017. Although this was a decrease from the years prior, it is estimated that a pedestrian died every 88 minutes as a result of a pedestrian accident in the same year. Many more have been injured as a result of getting hit by a car. A pedestrian has little outward protection from a vehicle hitting them on the road. Head trauma, broken bones, or spinal damage are possible injuries a pedestrian can face. When faced with an auto-pedestrian accident, it is important to know your rights.
Getting hit by a car can be a traumatic experience. After a pedestrian accident, it is important to make your safety a priority. If possible, remove yourself from immediate danger such as in the middle of the road. If your injuries are too severe, try to get assistance in order to move or have a safety warning until authorities arrive. Once safe, call 911 to report the accident. This will alert the police to come to the scene of the accident to begin an accident report. Statements will be taken from yourself and the driver. If you are able, take photographs of the scene, including your injuries. The more information you can gather, the more it can help your case when filing an insurance claim.
Most Common Workplace Accidents
From office workers to construction workers, it is possible for any person at work to become injured on the job. Some of the reasons people need to file for workers’ compensation overlap despite being in different industries. Luckily, no matter how dangerous a job can be, most employees are covered by workers’ compensation.
What Is Workers’ Compensation?
No matter how large or small a business is, most employers are required to have workers’ compensation insurance. This provides protection to employees in the event they are injured as a result of conditions at work. Every employee is entitled to workers’ compensation benefits if they qualify for it. For example, an employee falling off a ladder and obtaining an injury that prevents them from working for a short period would likely qualify for workers’ compensation benefits. An employee who was recklessly engaged in drugs or alcohol while at work, and fell off a ladder, would likely not qualify for workers’ compensation. Workers’ compensation pays for missed wages as well as medical care as a result of a workplace accident.
Who Is Responsible for a Pedestrian Accident?
Pedestrian accidents can be fatal and it may seem obvious who is at fault for the accident, Illinois law may see it a different way. Although pedestrian deaths were down from the year prior, 5,977 people in the United States lost their lives due to being hit by a car.
As a fault state, Illinois breaks down damages by whose fault the accident was. When it comes to pedestrian accidents, it breaks down to who has the right of way. This is the legal right for a vehicle or pedestrian to proceed first when on the road. For example, at a four-way stop, the first driver to arrive at the intersection has the right of way, and then the driver to the right then has the legal right to cross.
There are two opportunities where a pedestrian can be hit while crossing the street - in a crosswalk and outside a crosswalk. Crosswalks are the safest point for people to cross, and pedestrians are often given the right of way - but that does not mean that a pedestrian cannot be blamed for an accident in a crosswalk. It is unlawful to cross in front of a moving vehicle close enough to cause danger to yourself and the driver. If there is no light system, then drivers must yield to pedestrians crossing the street in the crosswalk if the people on foot are halfway, or further, across the road. Drivers behind a stopped vehicle at a crosswalk may not lawfully pass.
Understanding Wrongful Death in Illinois
It is inevitable that we are to lose loved ones due to old age or an accident. However, when a loved one is lost unexpectedly due to another person’s negligence, it is the surviving family that suffers. The average cost for a funeral in Illinois is $10,000 including cemetery plans. If the head of a household is lost unexpectedly, the surviving family may not be able to make ends meet with a sudden loss of a family member and funeral costs to attend to. When a person’s death can be connected to another’s wrongdoing, the surviving family may be able to sue for wrongful death.
What Is Wrongful Death?
Wrongful death is when another party can be held responsible for the death of an individual through a wrongful act. If the act had not been followed through, whether negligence or default, then the death would not have occurred. Wrongful deaths can occur in many aspects of law including auto accidents, medical malpractice, and workplace accidents. For example, if a person dies as the result of a drunk driver, their surviving family could file for wrongful death because the accident would likely not have happened if the driver was sober and following the law.
Making an Insurance Claim After an Accident with an Uninsured Driver
Getting into a car accident is stressful enough, but what happens when there is an uninsured driver involved? Every car owner is required by law to have a certain coverage of liability insurance, however, one out of every eight drivers attempts to avoid responsibility. They may go unnoticed on the road until they are pulled over, or get into a car accident. An uninsured driver may have even had the proper insurance at one time, but canceled due to financial reasons. But, no matter the reasons, it is still possible to get into an accident with an uninsured driver.
What Are the Insurance Requirements in Illinois?
Every state has his or her requirements for the amount of coverage an insurance policy has. Illinois has the following minimum requirements:
- Property damage: $20,000
- Death or injury of one person: $25,000
- Death or injury of more than one person: $50,000
Signs of Medical Malpractice
No matter how sick a patient is, they expect their doctor to listen to their concerns and then prescribe a treatment or course of action. When a doctor or other medical professional makes a mistake that causes harm to the patient it is medical malpractice. When administering care, physicians, nurses, and hospitals have a standard of care to maintain with a patient. The key to a medical malpractice personal injury case is to prove negligence, and that negligence had a negative effect on the patient’s life.
In 2018, Illinois had over $300 Million in payouts having to do with medical malpractice. That averages out to $23.50 per capita and is an 11.49% increase from 2016. Of all paid out claims, 30% resulted in the death of a patient across the United States. Learn to recognize the potential signs of medical malpractice before it is too late.
The most common claim stems from the wrong diagnosis or a failed diagnosis. Both are harmful to a patient because it delays life-saving treatment for potentially curable diseases. For example, a headache does not necessarily mean a patient has a brain tumor. However, if they are displaying additional symptoms, and just treated for migraines - it may be too late once the proper diagnosis is reached. Furthermore, when a wrong diagnosis is made, the course of action may make the patient’s condition worse. If a diagnosis does not feel right, seek a second opinion. Even with getting proper treatment with a new physician, the first doctor can still be sued under negligent conditions
How a Personal Injury Attorney Can Help After a Car Accident
After getting into a car accident, there are many things a person must do to get their life back to normal. An insurance claim must be filed, their car may be out of service, and time may be required to heal from injuries. Even a car accident with minimal damage and no injuries requires significant efforts, so what happens after a serious car accident where negligent activity makes you a victim?
Has Negligence Increased?
According to the United States Department of Transportation, car accident fatalities overall rose in Illinois last year. In fact, they have been gradually rising over time. Relaxed seat belt regulations and increased speed limits may be partially to blame, but variant degrees of negligence is the most probable cause for a rise in car accidents. Distracted driving has always existed, but technological advancements have created new distractions. Touching a cell-phone while driving in Illinois is illegal, and these distracted drivers can cost someone their life.
Filing a Claim Against Uninsured or Underinsured Motorists
We get insurance for a variety of reasons. It is a financial investment toward risk management. People will insure valuables, their health, or even other people for worst-case scenario situations. Not every insurance situation will cover 100% of damages, but they will lessen the financial burden after an illness, death, or stolen item. In Illinois, automobile insurance is required by law. When a car accident happens, it is the party that caused the accident’s responsibility to provide compensation for damaged property, medical bills, or pain and suffering. An insured driver will have assistance with this, but what happens when crashes involve uninsured or underinsured motorists?
What Are the Minimum Insurance Requirements?
There are minimum requirements for all auto drivers in the state of Illinois. All drivers are required to be insured at a minimum of the following:
What is the Workers’ Compensation Process in Illinois
When it comes to work accidents, they are treated (differently) than an injury that occurred at another private property. If a person slips in a grocery store and breaks their leg, they may be able to sue the store for negligence. When an employee is injured, instead of filing a personal injury lawsuit against their employer, workers’ compensation kicks in instead. Whether a workplace accident is caused by an employee or employer, the employee is eligible for benefits and unable to sue the employer. They may, however, sue any third-parties associated with the injury occurrence.
What Benefits Does Workers’ Compensation Provide?
Workers’ compensation is meant to help employees if they are injured on the job and cannot return to work, and/or require medical treatment. Any eligible employee has the right to file for workers’ compensation benefits, but they will not be granted for injuries that a basic first aid kit can cover. Depending on how long the employee needs to restrain from work, and their working abilities after an accident, they will be provided with a replacement wage. For any medical treatment required to heal the injury or illness caused by work, it will be at no cost to the employee.
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9631 W. 153rd St., Suite 32, Orland Park, IL 60462
708-966-2408
