Firm News & Legal Updates

Personal Injury, Duty of Care, and Coronavirus

Published on: May 18, 2020 | By Hart David Carson LLP

The spread of COVID-19 has caused a wide range of concerns for people everywhere, including worry about what will happen if they get sick. Falling ill with the virus can have a serious impact, and some may wonder if there might be cause for a lawsuit in the event of sickness.

Others may be concerned about the liability they might bear for the spread of the virus. The kind of shape that may take depends on how much of a duty of care will be expected from individuals and businesses when it comes to limiting the spread of the virus.

What Is Duty of Care?

Protecting Trade Secrets While Employees Work Remotely

Published on: May 15, 2020 | By Hart David Carson LLP

With the outbreak, more employees are working from home than ever before, and for many businesses, it has become necessary to revisit policies concerning the protection of trade secrets. It can be a challenge to keep proprietary information safe when employees need access to it from home, but it can be done with adequate protocols set in place.

Establishing Trade Secrets

The first principle of protecting trade secrets is to make sure they are legally recognized as such. In order for something to be considered a trade secret, you must have reasonable measures in place to protect it. Without those measures, it’s likely to lose that classification in a court of law.

Can I Get Workers’ Compensation if I Work from Home?

Published on: May 11, 2020 | By Hart David Carson LLP

With more people working from home than ever before, there are much greater odds of sustaining a work-related injury while out of the office. Slips, falls, and repetitive strain injuries can easily happen with home-based work, and they may warrant compensation in the right circumstances.

Self-Employed Workers

First of all, however, a worker who is an independent contractor does not qualify for workers’ compensation. Illinois workers’ comp covers only employees, not self-employed independent contractors. As such, if you are running a home-based business of your own, you won’t qualify for compensation from any of your clients.

How COVID-19 May Impact Your Estate Planning

Published on: May 8, 2020 | By Hart David Carson LLP

With the turmoil caused by the widespread pandemic, it has become paramount for many people to look to the future well-being of their families. While the current situation seems like it may begin clearing up soon, it still poses a challenge for many people, and there’s still plenty of worry to go around.

Making sure your estate plan is up to date is perhaps more important now than ever before, but the way estate planning is handled during this time will have to take current social distancing policies and financial issues into account.

Remote Notarization

Handling Disputes During COVID-19

Published on: May 4, 2020 | By Hart David Carson LLP

COVID-19 has changed the face of nearly every aspect of society, including the way we handle disputes. Businesses and individuals who would normally handle their disputes in one fashion have found the need to adapt.

Obstacles to Litigation

The pandemic has caused courts at all levels to delay most hearings. Some courts are shifting some of their meetings and operations to a virtual platform, whereas others are simply delaying all but the most pressing hearings until things clear up.

How the Coronavirus Outbreak Affects Malpractice Cases in Illinois

Published on: May 1, 2020 | By Hart David Carson LLP

Healthcare providers throughout the state are facing challenges as the COVID-19 outbreak fills more hospital beds than ever before. On top of that, lower staff numbers and a ban on elective procedures add to the difficulty.

Perhaps for these reasons, the governor has granted many providers full immunity from civil liability for the duration of this emergency, making malpractice claims far more difficult—if not impossible—to pursue.

Immunity to Civil Liability

Doing Your Part to Maintain a Healthy Workplace

Published on: April 29, 2020 | By Hart David Carson LLP

With concerns about infectious disease going around, it’s more important than ever for employers to maintain a healthy work environment for their employees. There are many ways to accomplish this, but they all require diligent effort.

Workplace Wellness and Employer Liability

Before we get into the details on how to keep your work environment as healthy as possible, it’s worth noting where employers are liable when it comes to the health of their employees.

Illinois Landlord-Tenant Law during COVID-19

Published on: April 22, 2020 | By Hart David Carson LLP

The COVID-19 outbreak has affected everyone, including landlords and their tenants. During this time, it’s important for both to know their rights and follow the laws governing landlord-tenant relationships, including the temporary restrictions currently in place.

If you own or operate rental property, it’s important to make sure you stay well within legal requirements and guidelines. Otherwise, you expose yourself to lawsuits.

The Economic Situation for Renters and Landlords

How the Coronavirus Pandemic May Affect Personal Injury Cases

Published on: April 17, 2020 | By Hart David Carson LLP

The disruptions brought on by the corona virus pandemic have impacted the lives of everyone, including Illinois residents. Among the difficulties current conditions present are those revolving around personal injury cases. There are a number of ways your case could be affected, and it’s important to know how to move forward from this point.

Seeking Medical Treatment during the Pandemic

One major difficulty is limited access to medical treatment. If you have been injured, you need to seek medical care as promptly as possible. However, with many healthcare facilities treating far larger numbers of patients than ever before, non-emergency care is often postponed.

What Cases Qualify for Punitive Damages?

Published on: April 13, 2020 | By Hart David Carson LLP

If you have been injured as a result of another person’s negligence, it’s natural to want to see that person punished. However, the primary purpose of personal injury damages is to compensate you for your injury, not necessarily to punish those responsible.

That said, punitive damages are occasionally assessed in order to directly penalize those responsible for an accident or injury. That said, they don’t apply in most cases, so they’re fairly rare.

Understanding Punitive Damages