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Physical and psychological Injuries related to work are considered workers compensation cases. Typically these are trauma type injuries including repetitive trauma. All Illinois employers are required to have insurance to cover work related injuries. It is the workers' legal right to make a claim for work injury without retaliation by the employer. The claim covers wages, medical, and lump sum settlements for the nature and extent of the disability.
Occupational disease is very similar to workers compensation except that it applies to diseases related in some way to work such as heart attacks, strokes, exposure to chemicals, dust, noise, radiation, drugs, and any other substance that causes a condition of illness or ill-being in the worker. If a client is not sure whether their illness is work-related, our office can help make that determination.
Personal injury is a general term that includes almost any type of case involving bodily injury or defamation of character. This category of cases includes car and truck accidents, train accidents, dog bites, construction accidents, premises cases, malpractice, products liability and any other type of injury case except workers compensation and occupational disease cases.
Auto crashes involve the crashes between cars or other vehicles on the road, and can include uninsured and underinsured motorist claims against our client's own insurance company. Fault is usually an issue and the principal of comparative fault of each driver is usually an issue.
Dog bite (or attack in some cases) can be compelling cases because of the horror of dog attacks especially involving children. Interestingly, homeowners insurance covers dog bites so its important to know who the owner of the dog is in order to make the claim against the proper person's insurance company.
Construction accidents are usually called "third-party" cases because initially the injured worker files a workers compensation case. Secondly, if the injury was caused by the fault of someone other than our client, then a "third-party" case can be filed against the person (or company) who was at fault for causing the injury. Sometimes, construction injury cases involve two cases: the workers compensation case and the third-party case.
Wrongful death case arises when a person dies as the result of the negligence of another person or corporation. A survival action usually accompanies this type of case if the deceased person experienced conscious pain and suffering before the death.
Nursing home injures happen when patients in the nursing home are mistreated and injured through the negligence of the nursing home employees. This is not necessarily medical malpractice but could be ordinary negligence if a patient falls out of bed or some other accident and failure to properly care for the patient.
There are many type of criminal cases including felony, misdemeanor and ordinance violation matters. When a person is arrested for allegedly committing a crime, hiring an attorney to represent the arrested person in court is very important to protect the accused constitutional rights. Everyone arrested is presumed innocent and deserves a legal defense. It is important to protect the constitutional rights of the accused and hiring a lawyer to do this is imperative.
DUI stands for "driving under the influence" of drugs and/or alcohol and is typically a misdemeanor but sometimes it is a felony. There are many defenses to a DUI and hiring an experienced lawyer is the best way to defend the case. Traffic offenses also have defenses, rules, and procedures in court that an experienced lawyer can negotiate on behalf of a client to minimize the impact of a traffic ticket or successfully defend the ticket.
Real estate law involves many different matters such as real estate closings, real estate title examinations, mortgage loans, drafting contracts, drafting leases, and sometimes litigation such as foreclosures and property disputes.
Probate involves a court proceeding to administer the last will and testament of the deceased person. Estates valued under $100,000 without real estate need not be probated in court but a lawyer must evaluate the value of the estate and the evaluate the heirs of the estate to avoid probate. Only a lawyer may prepare a small estate affidavit. Probate administration of an estate is helpful because it bars of claims of creditors against the estate after a six-month waiting period. The executor marshals the assets of the estate, inventories those assets, pay the final expenses of the decedent, makes a final account, and then distributes the money remaining to the beneficiaries of the estate.
Bankruptcy is a federal law that allows people to discharge their debts. The filing of a bankruptcy triggers the "automatic stay" which immediately stops the creditors from contacting the debtor/client to collect any debts. A Chapter 7 bankruptcy is considered a "liquidation"; this means that all non-exempt assets of value are sold and distributed among the unsecured creditors. A Chapter 13 bankruptcy is considered a "pay-back plan" that allows the debtor/client to pay-back a small portion of the unsecured debts over a three to five year plan and also allows the debtor/client to keep their home, save it from foreclosure, keep their cars by saving them from repossession. The bankruptcy laws are complex but very helpful to a person experiencing too much debt. The new bankruptcy law requires that each client be evaluated with the "means test" to determine if they earn too much money to file Chapter 7 bankruptcy. This rule was lobbied by the credit card companies to prevent people from discharging credit card debt in some circumstances. A discussion with a lawyer will help determine whether the means test has an impact on each client.
This area of practice involves drafting wills and trusts to dispose of the client's personal and real property at the time of the client's death. Also, powers of attorney allow another person to do the business of the principal. Power of attorney for health care allows the agent to make medical decisions for the sick person, the principal.
Personal injury is a general term that includes almost any type of case involving bodily injury or defamation of character. This category of cases includes car and truck accidents, train accidents, dog bites, construction accidents, premises cases, malpractice, products liability and any other type of injury case except workers compensation and occupational disease cases.
Auto crashes involve the crashes between cars or other vehicles on the road, and can include uninsured and underinsured motorist claims against our client's own insurance company. Fault is usually an issue and the principal of comparative fault of each driver is usually an issue.
If the client has other cases, we can advise the client on those matters as well.
This website is for informational purposes only. Using this site or communicating with Law Office of James A. Kamide through this site does not form an attorney/client relationship. This site is legal advertising.
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