Posts by Regina P. Etherton & Associates, LLC
Finders Keepers? Lost Property and Determining Ownership
Imagine you find a valuable watch in your backyard that does not belong to you or your family. It was on your property, is it yours to keep? In determining ownership of lost property, the law considers three different kinds of property. First, there is simply lost property. This is property that is unintentionally left…
Read MoreCan I Sue if My Spouse was Injured? Loss of Consortium Claims in Illinois
There are certain events, such as accidents while working, auto collisions, and medical malpractice, which can leave an everlasting effect on a spouse. As an example, when a spouse dies, the other spouse has lost that deceased spouse’s wages, income, etc.… There can be economic as well as non-economic ramifications to the uninjured spouse. While…
Read More“Judgment Proof” Defendants
Before filing a lawsuit there are many factors to consider in determining the likelihood of success on the merits. One such consideration: is the defendant insured and/or does he/she have assets to satisfy a judgement. In many cases, a defendant does not have sufficient assets. Perhaps he/she doesn’t have insurance, works part time, and has…
Read MoreHeads up! The Baseball Rule and Implied Assumption of Risk
It’s summertime and you are excited about attending a baseball game at Wrigley Field. You are sitting in the sun ready to take a big bite out of your hot dog when a ball is hit into the stands. You look up, blinded by the sun, and don’t see the ball until it is too…
Read MoreGambling’s Impact on Children: Potential Concerns
Gambling ads and gambling apps are becoming more prevalent to the point of being unavoidable. There is growing concern of the negative impact this kind of exposure to gambling can have on children. Researchers and policymakers are recognizing more and more the severe social and health-related harms associated with gambling, many of which reflect the…
Read MoreCan You Waive Your Right to Sue in Fine Print?
Imagine that you go to a water park and there is fine print on the bottom of the ticket that says that the park is not liable for any injuries you sustain at the water park. That day, you are on a ride and get injured. Will the fine print prevent you from bringing a…
Read MoreA Dead End? Filing a Lawsuit where one Party is Deceased.
Imagine you are driving home from work and you are struck by another driver. You are injured and incur significant medical bills that you cannot afford. You want to sue the other person for damages as a result of their reckless driving; however, the individual who you want to sue has died weeks after the…
Read MoreComplex Torts: A Definition
You may be wondering what is a complex tort, and do I have a claim for one? A tort is a civil wrong, as opposed to a criminal offense, where the claimant seeks monetary relief as a remedy. Examples would be mass tort cases, mass product liability cases, or injuries caused to many individuals as…
Read MoreCan a Trial Witness Bad Mouth You at Trial? Is this a Realistic Concern?
Imagine you hit someone who files a lawsuit against you. You are nervous because you don’t want your character attacked publicly by the other driver or other witnesses they may call. Suppose you have a prior relationship that ended badly or drunk driving violations in the past. Can these types of things be used against…
Read MoreLiability of State Parks or Public Hiking Trails
If you are hiking in a state park or a public hiking trail and you fall and/or suffer an injury as a result, can anyone be held liable for that injury? If the hiking trail you are on is within a state or national park, the government entity responsible for the park may be liable…
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