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What Is an Advance Directive?

Published on: January 17, 2022 | By Hart David Carson LLP

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One item that is absolutely vital to an ironclad estate plan is an advance directive. An advance directive spells out your wishes regarding medical treatment in the event that you become incapacitated or incapable of making your own decisions.

Definition of an Advance Directive

Also commonly called a healthcare directive or healthcare power of attorney, an advance directive is simply a document with written legal instructions on medical treatment. It only takes effect if you become incapable of making those decisions on your own, such as if you are put in a coma, become incapacitated, etc. The purpose is to help medical professionals and caregivers make the right choices regarding medical treatment.

Does a Waiver Disqualify You From Personal Injury Damages?

Published on: January 14, 2022 | By Hart David Carson LLP

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Many activities—such as skiing, bungee jumping, sending children on field trips, and axe throwing—require you to sign a waiver or release. If you’ve signed a waiver, you may wonder what would happen if you get injured.

Can you sue for personal injury damages if you signed a waiver? In Illinois, the answer is typically “yes.”

Waivers and Release Clauses – Often Useless in Illinois

What Role Can Employees Have in Corporate Governance?

Published on: January 12, 2022 | By Hart David Carson LLP

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Corporate governance is an integral component of running a business, particularly when it comes to maintaining compliance with legal standards and keeping company leadership accountable. Employees are often affected by decisions made with respect to how a corporation is governed, but they typically don’t have much say in the matter.

Here, we’ll look into the role employees can have in corporate governance and how they can impact it in a positive way.

The Interest Employees Have in a Company’s Success

What Qualifies as a Work Related Injury in Illinois?

Published on: January 11, 2022 | By Hart David Carson LLP

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In Illinois, any injury that arises out of the performance of your work-related duties is considered to be a work injury. That may seem straightforward on the surface, but there are many instances where an injury can be covered by workers’ compensation that you might not typically expect. In this article, we’ll go over exactly what qualifies as a work-related injury in Illinois.

Work Injury Criteria

To qualify as work-related, an injury must result from your work duties in some way. That could mean an injury directly caused by a workplace accident, but it could also include repetitive strain injuries from typing or lifting, exacerbation of prior injuries/existing conditions, or any other injury that wouldn’t otherwise occur were it not for your job.

What Happens if My Injury Appears Late?

Published on: January 10, 2022 | By Hart David Carson LLP

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Accidents often leave enduring trauma, but that trauma doesn’t always manifest itself right away. It may be days, weeks, or even months before you notice that anything is wrong, and by that time, you may wonder if you still have grounds for a personal injury lawsuit.

The truth is if your injury is the result of another person’s neglectful actions, you are likely entitled to personal injury damages, even if you don’t notice your injury right away.

Reasons You Might Not Immediately Notice Injuries

What Are Employers’ Duties Under the ADA?

Published on: January 7, 2022 | By Hart David Carson LLP

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The Americans with Disabilities Act (ADA) has various requirements of employers with respect to individuals with disabilities. Under Title I, employers with 15 employees or more are prohibited from discriminating against anyone with a disability, and that encompasses a number of duties.

No Discrimination Against Disabled Individuals

The ADA prohibits discrimination by employers against disabled individuals. What this means in practice is that employers must make reasonable accommodations for people with disabilities during recruiting, hiring, firing, promoting, etc.

What’s the Difference Between Wrongful Death and a Survival Action?

Published on: December 27, 2021 | By Hart David Carson LLP

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The death of a loved one is always heartbreaking, but it’s especially tragic when it happens as the result of another person’s negligent actions. In these cases, Illinois residents have two forms of legal recourse, both of which can be filed as part of probate proceedings for the deceased person’s estate. These are wrongful death and survival actions.

Wrongful Death Vs. Survival Actions in Illinois

These two forms of legal actions differ in terms of who is compensated for the accident and its resulting expenses. These differences are as follows:

What Is a Small Estate Affidavit?

Published on: December 23, 2021 | By Hart David Carson LLP

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A major part of estate planning is minimizing the impact that probate has on the distribution of your estate. In some cases, this means using special tactics to handle certain aspects of your estate, but in some cases, an estate may be small enough to be able to avoid probate altogether.

In these cases, a small estate affidavit may be filed by your estate’s administrator after you pass away.

The Small Estate Affidavit in Illinois

Investing in REO Property – Getting Started

Published on: December 21, 2021 | By Hart David Carson LLP

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Investing in real estate owned properties—or REO—can be highly lucrative, but it’s also risky. To get started investing in REO property, it’s important to follow some best practices when making offers and purchasing decisions. Here, we’ll discuss some tips to apply when starting out.

What Is REO Property?

Real estate owned property is property that is owned by a bank and listed for sale. After foreclosing a home or other piece of real estate, the lender first tries to auction it off to the highest bidder. If it doesn’t sell at the auction, the bank retains ownership and lists it for sale as REO property.

Intellectual Property in Esports – What You Need to Know

Published on: December 20, 2021 | By Hart David Carson LLP

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Organizing events, running tournaments, and managing teams in esports involves various types of intellectual property, including the games themselves. Making sure IP is handled properly in your events is key to minimizing liability and maximizing success.

Here, we’ll discuss a number of potential IP issues in esports.

Types of IP in Esports