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DID YOU KNOW THAT

Useful Information from Parad Firm's Files 

To be used for educational purposes only and should not be construed as legal advice.

Contracts

 
  • Anyone who signs a contract has a duty to read it.

  • If a party has an opportunity to read a contract, but doesn't, that party will not later be able to claim ignorance.

  • Exceptions: 

    • ​If a party signs a contract under the belief that it is in fact another type of instrument, the contract is void.

    • If party is shown only the signature page of the contract, the duty to read does not apply.

 

Rules for Pedestrians

  • Pedestrians Shall: 

    • ​​​Obey the instructions of any official traffic control device applicable to him, unless otherwise directed by a police officer.

    • Move, whenever practicable, upon the right half of crosswalks.

    • Walk only on a shoulder, as far as practicable from the edge of the roadway, where a sidewalk is not available, while walking along and upon a highway.

    • Walk only on the left side of the roadway while walking along and upon a two-way roadway highway and as near as practicable to an outside edge of a roadway, and, if where neither a sidewalk nor a shoulder is available.

    • Yield the right-of-way to all vehicles upon the roadway when a pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection.

    • Yield the right-of-way to all vehicles upon the roadway when crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided.

    • Yield the right-of-way to all vehicles upon the roadway while walking upon a roadway.

    • Yield the right-of-way to the authorized emergency vehicle upon its immediate approach using audible and visual signals, or a police vehicle properly and lawfully using an audible signal only.

 

Litigation

  • Amendments to complaint could be made at any time before final judgment if the proposed amendment:

    • Cures the defective pleading 

    • No prejudice or surprise to other parties 

    • Is timely.

  • Judgment by default may be entered when the defendant is served and: 

    • Does not appear and answer the filed complaint, 

    • But not for a greater sum than stated in the plaintiff’s affidavit.

 

Worker Compensation

WC Claim + ADA 

  • If an injured worker was fired while being treated for work injury, this employee may request the Equal Employment Opportunity Commission (“EEOC”) to issue a notice of right to sue the employer for discrimination under:

    • ​Title VII of the Civil Rights Act

    • the Americans with Disabilities Act of 1990.

Work Injury Compensation

  • An employee is entitled to benefits provided under the Illinois Worker Compensation Act (“IWCA”) for injury arising from and in the course of employment.

  • Illegal aliens (who came from Poland, Ukraine, Lithuania, Bulgaria, Mexico and other countries) have the right to receive compensation for work injuries, and in case of their death or disability resulting from work injury, their children and spouse are entitled to compensation.

  • Employee who caused the injurious incident is entitled to all WC benefits for work injury.

  • An Independent contractor paying for own taxes, insurance, vacation and sick days is not entitled to worker compensation benefits.

 

Injuries in Nursing Homes

  • Nursing home residents often die from COVID-19 because the facilities:

    • Are shorthanded as employees have gotten sick or quit out of fear of constant exposure 

    • Conduct no new employee orientation and give adequate training

    • Provide no personal protection equipment (gowns, respirators, gloves…) to the staff

    • Cannot attract and retain the qualified personnel for low-wage, high-stress jobs

    • Do not report to the government that the facility is understaffed

  • Residents’ Injuries at Nursing Homes: Elderly and fragile residents in nursing homes are vulnerable, confused and completely reliant upon the nursing home for their wellbeing in view of their medical diagnoses, and therefore require a high level of vigilance of care and supervision. For example, staff’s failure to monitor residents who are at risk of falling, may cause their fall-caused fractures, brain injury, death, irreversible health deterioration, loss of cognition and independence in doing daily activities.

 

Vehicle Insurance 

  • Car rental companies must provide statutory minimum coverage of at-fault driver-renter:

    • ​A motor vehicle liability bond in the penal sum of $100,000.

    • Proof of insurance for minimum of $50,000 person/$100,000 occurrence.

    • A certificate of self-insurance issued by the Ill. Dept. of Insurance.

    • Self-insured rental car company is liable for entire judgment for damages caused by driver of rental car under IL Vehicle Code.

847.418.2020 / 773.725.2020

© 2020, Parad Law Offices, P.C.

*“Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state… less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys...” June 14, 2020 Press Release – Announcing the selection of Boris Parad among America’s Top 100 High Stakes Litigators® for 2020. www.Top100HighStakesLitigators.com