Posted: February 14th, 2013 | Author: admin | Filed under: Criminal Law, Personal Injury | Tags: attorney, Cook County, illinois, lawyer, Personal injury | No Comments »
Police responded to a domestic disturbance call in Chicago’s Englewood neighborhood, only to find blood spatters on the first-floor apartment walls and floor. According to the police, a 22-year-old woman was stabbed multiple times when she knocked on the rear door of an apartment around five in the morning on February 11. Police state that a 27-year-old woman opened the door with a knife in her hand, and started stabbing the younger woman.
The younger woman was taken to Advocate Christ Medical Center in Oak Lawn with serious-to-critical injuries, having been stabbed in the head, hand, arm, torso, and back, along with sustaining a collapsed lung. The 27-year-old had also received a stab wound in her left leg during the encounter, and was taken to St. Bernard Hospital and Health Care Center. She is listed in good condition.
According to this article in the Chicago Tribune, there was another woman in the apartment during the time of the stabbing, but she did not receive any injuries. None of the women were identified in the story, and Chicago Police News Affairs Officer John Mirabelli told the Tribune that criminal charges are still pending.
The article does not mention whether the two women knew each other, or why they are currently classifying it as a domestic disturbance.
Sustaining a personal injury can affect many aspects of your life. If you’ve been injured, talking to an experienced personal injury attorney will help build up a case if you’re entitled to any benefits. Contact my firm in Orland Park today to learn more about how we can help you.
Posted: January 15th, 2013 | Author: admin | Filed under: Car Accidents, Criminal Law, Distracted Driving | Tags: attorney, Cell Phone, distracted, driving, lawyer, new law, Personal injury, texting | No Comments »
Cell phone use while driving is the target of two new Illinois laws that went into effect January 1st. The goal of the new laws is to reduce the increasing number of fatalities that are occurring because drivers are too distracted by talking and texting, taking attention away from the road.
House Bill 5101 prohibits texting or using a hand-held cell phone while driving a commercial motor vehicle. Prior to the new law, texting was prohibited, but cell phone use was allowed. The new bill means that a driver behind the wheel of a commercial motor vehicle with cell phone in hand faces serious motor vehicle violations.
The definition of a commercial vehicle includes a vehicle used in commerce with a weight of 26001 lbs or more, a vehicle designed to transport 16 or more people, or a vehicle transporting hazardous materials. Exceptions are RVs for personal use, military vehicles, fire trucks, police vehicles and other emergency response vehicles.
Senate Bill 2488 prohibits cell phone use in construction zones or maintenance zones, no matter what the speed limit posted for those areas are. Drivers are allowed to use cell phones in voice-operated mode, which includes the use of a headset or cell phones used with single button activation.
Before the new law, if the speed limit in a work zone was not actually lower than the posted speed limit, it was not considered a work zone according to state statute definitions and higher violations didn’t apply.
In a recent press release announcing the new laws going into effective, Illinois Transportation Secretary Ann L. Schneider reminded drivers just how dangerous cell phone use and driving can be. “People are tragically injured and killed in work zones and by commercial motor vehicles due to distracted driving. Cell phone distractions have been proven to be as dangerous as drinking and driving,” said Schneider. “These laws will stiffen distracted driving laws and save lives.”
If you have been injured in an accident caused by someone’s distracted driving, contact an Illinois personal injury attorney to find out what compensation you may be entitled to for you pain and loss.
Posted: December 22nd, 2012 | Author: admin | Filed under: boating accident, Criminal Law, Personal Injury, Wrongful Death | Tags: attorney, chicago, lawyer, Personal injury, wrongful death | No Comments »
The family of a 10-year-old boy who died after he was run over by a boat has filed a lawsuit against the boater and a passenger. The family says the two were recklessly partying before the crash that took the boy’s life. The Chicago Tribune reported a story on the case.
According to the family of victim, Tony Borcia, the powerboat Purple Haze was going fast enough that its bow was lifted off the water, making it impossible for the driver, David Hatyina, too see where he was going.
Hatyina, 51, faces charges of reckless homicide and aggravated driving under the influence of alcohol and cocaine, according to prosecutors. The passenger is mentioned in the suit, but she is likely to not be charged with anything.
The family’s attorney said that on waterways, right of way is given to the one approaching on the right, which, in this case, was Tony’s father. He was towing two of his children on an inner tube when the 29-foot Baja outlaw failed to yield and hit the boy.
With the number of car accidents, it is easy to think that cars and trucks are the only motorized vehicles causing deaths and injuries, but this case is a reminder that boats can be very dangerous when handled recklessly.
If you or a loved one are injured because of someone else’s reckless driving, you might be eligible for compensation. You should contact an experienced personal injury attorney to find out how you should proceed. Contact our offices in Orland Park or Chicago when you need a dedicated personal injury attorney.
Posted: December 7th, 2012 | Author: admin | Filed under: Criminal Law, Personal Injury, Wrongful Death | Tags: attorney, hunting accident, lawyer, Personal injury, wrongful death | No Comments »
The one year anniversary of the hunting accident that killed John Hanlon, 44, from Inverness, just recently passed. The man responsible was sentenced to two years of probation and work release and Hanlon’s family is not pleased.
Hanlon was on a hunting trip with his oldest son in East Dubuque, when the father of four was killed by a single gunshot wound to the chest on November 19, 2011. Leslie Hanlon, wife of John, is now a single mother of a girl and three boys, ages 9 to 16 years old. She says the family is doing what they can to move forward, but would like to see “better sentencing laws.”
About an hour before it was legal to hunt, Kelly G. Jackson, from East Dubuque, fired the single shot that killed John Hanlon and injured his son, Nathan, then 15. Jackson, then 53, pleaded guilty to the charge of involuntary manslaughter and was sentenced to two years of probation and 180 days of work release on august 2, according to Jo Daviess County court records.
Leslie Hanlon said she believes that such a light sentence sends the wrong message and stricter sentencing laws would force hunters to be more cautious and take safety laws more seriously.
Jackson served less than half of his sentence when it expired early after beginning work release of August 13. Now 54, he was released after only 56 days.
Leslie Hanlon us frustrated that that was all Jackson had to serve after almost taking two lives.
The bullet that killed John passed through and hit Nathan as well.
Luckily, Nathan was transported to a nearby hospital after the accident and treated for an abrasion to his abdomen and was released that day.
Nathan said Jackson came over to him and his father immediately following the fatal shot and explained that he thought the 44-year-old man was a deer because he did not see his blaze-orange vest.
Hanlon added, “He just said ‘where’s the orange blaze? There was no apology in the interaction.” Both the father and son had blaze-orange vests on as is required by law.
Nathan showed a light on his father to show Jackson his vest; it was just too dark to see because it was pitch black outside.
According to the Illinois Department of Natural Resources, Jackson discharged his 12-gauge shotgun around 5:30 a.m., about an hour before it was legal to possess a loaded shotgun or hunt deer.
The Hanlon family filed a civil suit against Kelly G. Jackson in April.
If you or someone in your family has been injured, contact James A. Payonk, Jr. Attorney at Law in Orland Park and Chicago. Let Payonk attorneys help you get what you deserve.
Posted: October 9th, 2012 | Author: admin | Filed under: Criminal Law, Personal Injury, Wrongful Death | Tags: attorney, Cook County, Julie's law, lawyer, Personal injury, wrongful death | No Comments »
The Chicago Tribune reports that the driver in the fatal car crash that killed seventeen year old Julie Gorczynski has been sentenced to six months behind bars. The case gained national attention when its proceedings prompted harsher penalties for speeders in Illinois. “Julie’s Law” went into effect on July 1, 2012.
The fatal accident that took place last year was one in a long line of speeding offences for the driver. He is reported to have been travelling at a speed that was 36mph over the maximum speed allowed. His crashed his Mazda into a Jeep in which Julie was the passenger.
Marszalek had seven prior occurrences of speeding on his driving record at the time of the accident. Had a few of those been given stiffer penalties, he may not have been legally allowed to drive at the time of the accident, possibly keeping him off the road. The accident may have been avoided.
Upon learning the current laws governing punishments for speeding offenders, Julie’s parents fought for increased penalties for repeat offenders. Their diligence resulted in the passage of “Julie’s Law”, which prohibits judges from assigning probation to drivers travelling over 30mph (highway) and 25 mph (non-rural road).
Convicted driver, Lucasz Marszalek, is reported to have shown no remorse throughout the hearing. Julie’s family and friends attended the hearing in a show of support for Julie and her parents. Illinois has some of the busiest roadways in the United States and Chicago drivers have been infamously named as some of the worse in the country.
Sometimes good things can come out of tragic circumstances. If you find yourself a victim or a defendant in a personal injury or wrongful death lawsuit, you will need a competent attorney at your side. Serving the areas surrounding Orland Park and Chicago, as well as the southwest suburbs in Will and Cook counties, a qualified Cook County personal injury lawyer like James A. Payonk, Jr. can help to make sure that a positive ending comes from your personal injury situation.
Posted: August 22nd, 2012 | Author: admin | Filed under: Car Accidents, Criminal Law, Distracted Driving, Truck Accidents, Wrongful Death | Tags: car accident, Chicago personal injury attorney, Personal injury, wrongful death | No Comments »
A mother and son from Rodgers Park spent their Saturday at the Air and Water Show on August 18th. Unfortunately, the pair never made it back home to talk about their fun filled day. Marija Bala, 39, and her 6-year-old son Luka were travelling home to the 1700 block of W Estes Avenue on Lake Shore Drive nearby Montrose Avenue, when a horrific accident occurred.
The vehicle transporting the Balas lost control around 6 pm on that Saturday. They travelled from the northbound lanes across the sizable median and into the southbound lane of traffic. Marija’s car smashed into a vehicle travelling the opposite direction and injured two people. Luka Bala was pronounced dead at 6:21 pm at Lurie Children’s Hospital from injuries suffered during the car accident. His mother, Marija died two hours later at Advocate Illinois Masonic Medical Center.
A driver that was rear-ended during the accident was released from a local hospital with minor injuries. Another person in a third car endured more serious injuries that have not been reported by the authorities. It was believed that this fourth person was in serious to critical condition at Advocate Illinois Masonic Medical Center. The accident closed the southbound lanes of Lake Shore Drive for several hours on Saturday.
The cause of the accident is still unknown at this point of the police investigation. If a car accident occurs were people are seriously injured, they deserve to be compensated for their physical and mental losses. Personal injury claims can become very complex, which makes it absolutely necessary to have the best representation available. To discuss the intricacies of your possible case, please contact an experienced personal injury lawyer in Chicago today.
Posted: July 25th, 2012 | Author: admin | Filed under: Car Accidents, Criminal Law, DUI, Wrongful Death | Tags: car accident, DUI, lawyer, personal injury lawyer | No Comments »
According to an article in the Chicago Tribune, a woman from Steger ran over her infant child while backing up her vehicle in her driveway on July 18th. 40-year-old Yvette Y. Guerrero-Silva accidently ran over her baby while under the influence shortly after 7 pm. When she admitted to consuming numerous alcoholic beverages before operating her minivan the police took her into custody.
Holly Silva was the 19-month-old daughter who was ran over by her mother. Prior to the accident, Holly was playing around the vehicle in the 1100 block of Main St in Crete. After Holly was transported to St. James Hospital, she was pronounced dead. The police report noted that the death was due to massive head trauma. Although the autopsy report only referred to the multiple injuries sustained from the car accident.
Yvette’s blood alcohol level was over the limit to drive legally. As a result, she was charged with two counts of aggravated DUI and was held at the Will County Detention facility. The first count of aggravated DUI is a Class 2 felony because it resulted in death. The second count was a Class 4 felony because it resulted in accident. Since Yvette’s accident occurred on a suspended license, she may face additional charges. The judge trying the case set the bond at $1 million.
The charges for such an unfortunate accident carry long prison terms. If convicted of the Class 2 felony resulting in death, Yvette could be sentenced to up to seven years in prison. The conviction of a Class 4 felony, like the charge resulting in injury, carries an additional sentencing range of up to three years in prison. If you are facing charges for an accident involving a car, a motorcycle, or a pedestrian, make sure you have the proper legal representation. Contact an expert personal injury in Orland Park, IL today to protect your future.
Posted: June 19th, 2012 | Author: admin | Filed under: Car Accidents, Criminal Law, Insurance, Personal Injury | No Comments »
A man was shot on the South Side of Chicago on Saturday evening. Responding police officers were alerted to the 5400 block of South Laffin due to initial reports that a 30 year old man was shot in the hand and the arm around 5 pm. When they reached that area of the city, the police officers investigated the witnesses to find that the suspects were fleeing the area in a blue Cadillac. Chicago police News Affairs officer Daniel O’Brien said that at that time the responding patrolmen followed the suspects towards the east on West 52nd street and then south on South Peoria.
It is believed by authorities that the violence was gang-related though the man attacked was safe and sound after being treated at a local hospital. The police at this time are still investigating this incident.
While in hot pursuit of the assailants, the squad car collided with a 6-year old near the 5200 block of South Peoria. The paramedics took the girl in stable condition to the University of Chicago Comer Children’s Hospital for non-life-threatening injuries. By Saturday night, the child was listed in good condition by the hospital.
This car accident had a happy ending because the child ended up being safe. It is a terrible thing to lose a child which should never happen to any parent. The reality of this world is that car accidents are the leading cause of injury related death for children from the age of 14 and younger. When a child is hurt or killed by a preventable accident there are many emotions that are unleashed. It is impossible to take all the stress and pain without the proper guidance. Please contact the law offices an experienced and determined personal injury lawyer who will be dedicated to ensuring the correct legal action is taken in your case.
Posted: February 15th, 2012 | Author: admin | Filed under: Car Accidents, Criminal Law, DUI, Personal Injury | Tags: attorney, car accident, illinois, lawyer | No Comments »
As reported on the My Suburban Life website, 32-year-old Daniel Clark is facing aggravated DUI charges following an accident that killed 42-year-old Frank Caruso and injured a police officer.
The crash happened early on the morning of Saturday, February 11th, when Clark hit a parked police car on the Eisenhower Expressway. Mr. Caruso and a state trooper were inside warming up after the trooper responded to a minor accident that Caruso had previously been involved in. The police officer suffered a potential concussion, but is expected to undergo a full recovery. One additional person was taken to the hospital following the accident but their status is unknown.
Mr. Clark was charged with two separate counts of driving under the influence of alcohol, one including the “causing death” clause. As of the next day, he was being held at a DuPage County jail on $1 million bond.
As explained in the 2012 DUI Fact Book, in Illinois, any felony DUI charge is classified as an “aggravated DUI.” This includes (but isn’t limited to) a drunk driving charge that is obtained by someone without a valid driver’s license or while driving a school bus. DUIs that result in accidents causing great body harm or death are also classified as aggravated DUI charges in Illinois, as are an individual’s third drunk driving charge (or any subsequent.)
If you’re convicted of an aggravated DUI in Chicago, you could see penalties including significant fines and/or prison time. It’s necessary to hire a qualified Orland Park DUI attorney such as James A. Payonk, Jr. to represent you. Click here to contact Chicago criminal defense lawyer James Payonk for a no-obligation consultation.
Posted: September 23rd, 2011 | Author: admin | Filed under: Criminal Law, DUI | Tags: DUI | No Comments »
I recently represented a client charged with DUI, no insurance on the vehicle, driving without a license, improper lane usage and improper use of a turn signal. No accident was involved, and no person was injured. The police had pulled my client over for her alleged improper lane usage and failure to properly signal her turn. After she was pulled over, the officer administered field sobriety tests, which she allegedly failed. She took the breathylizer test and blew well over the legal limit. She was charged with two counts of DUI, driving without a license, driving without insurance, failure to properly signal, and improper lane usage.
Many attorneys would look at the facts and tell the client to plead guilty and move on. I filed a motion asking the court to suppress all of the evidence recovered by the police because the officer did not have probable cause to stop the vehicle. After a hearing where the officer testified, the Court granted the motion and suppressed all of the evidence. This included all evidence that my client was driving without a license, had no insurance, and was under the influence of alcohol.
Even after this ruling, the State pressed on and wanted a trial. Prior to trial, I filed another motion seeking to bar all evidence from being presented at trial. The Judge granted this motion and all charges against my client were dismissed.
You want a Orland Park criminal attorney who is experienced, can identify issues, and who will not hesitate to fight for your rights and do what is necessary to get the best result for you.