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Five Keys to Staying Healthy During DivorceAmid everything else that you are worried about, it is important to maintain your health during your divorce. A combination of stress and poor choices can hurt your physical and mental wellness, which in turn distracts you when making important divorce decisions. There are several ways that you can stay healthy during your divorce while also relieving some of your stress:

  1. Exercise: Getting regular exercise helps you feel healthier and gives you an outlet for your anxiety and angst. You can feel more confident about yourself and have an easier time getting to sleep. Your schedule may make it difficult to find time for a normal workout routine, but you can find other forms of physical activity that take less time.
  2. Sleep: Skipping on your sleep hours will eventually do more to harm you than help you. You may choose not to sleep because you believe you do not have time for it or have difficulty with insomnia because of your divorce stress. Sleep is an important time for you to recharge yourself and reorganize your thoughts. You may think of a solution to a problem you were worried about after you give yourself time to sleep on it.
  3. Diet: With the time requirements of a divorce, it is easy to subsist on a regular diet of fast food. When you do have more free time, your stress may draw you towards comfort foods that are less healthy. Not every meal needs to be nutritious, but you should try to eat healthy meals more often than not. If you do not have time during the week to fix a healthy meal, use free time during the weekend to prepare meals for the week.
  4. Relaxation: You need time during your waking hours when you can relax and not worry about your stresses. Each person has their own favorite relaxing activities, such as getting a massage, doing a hobby, or watching a show. Depriving yourself of enjoyment will mentally wear you down, which may cause physical maladies.
  5. Therapy: Seeing a therapist or attending a support group can help you deal with your divorce anxieties and pressures. Talking about your problems can feel liberating and help you gain a new perspective. Listeners can advise you on how to manage your stress.

Contact a McHenry County Divorce Attorney

Your peace of mind is a primary concern during your divorce. A Crystal Lake, Illinois, divorce lawyer at Botto Gilbert Lancaster, PC, has solutions for issues that you may be worried about. Schedule a free consultation by calling 815-338-3838.

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Separate Injuries Allow Separate Workers' Compensation BenefitsAn Illinois appellate court recently overturned a trial court’s ruling on whether a claimant could receive two forms of workers’ compensation benefits from separate injuries that were consolidated as one claim. There are several types of benefits that the Illinois Workers’ Compensation Commission can award, including:

The benefits that a worker receives depends on the severity of his or her injury and how it affects his or her ability to continue to work or find other employment.

Recent Case

In Pisano v. Illinois Workers’ Compensation Commission, a hoist engineer for the city of Chicago injured his wrist, elbow, and shoulders in three separate incidents from 2005 to 2010. An arbitrator awarded the man Permanent Partial Disability for his elbow and wrist injury in the first incident and wage-differential benefits for his wrist injury in the second incident. The arbitrator determined that the third incident was related to the first two and did not require additional benefits. The arbitrator denied the claimant’s request for Permanent Total Disability because he is physically capable of obtaining other employment if he goes through vocational training. The Illinois Workers’ Compensation Commission approved the ruling, with some changes to the wage-differential rate.

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Proving Proximate Cause in a Personal Injury LawsuitTwo factors determine whether a defendant can be held liable in a personal injury lawsuit: actual cause and proximate cause. Actual cause, also known as cause-in-fact, is when the defendant’s actions directly lead to the injury. Proximate cause is determining whether the defendant could have reasonably foreseen that his or her actions would cause injury. Proving proximate cause can be straightforward with a defendant whose actions directly resulted in the plaintiff’s injuries. A reckless driver can reasonably foresee that his or her actions would put other drivers and pedestrians in danger. However, proximate cause can be more difficult to prove with a third party involved in the incident.

Recent Case

In Kramer v. Szczepaniak, the plaintiffs have filed a lawsuit against multiple defendants whom they claim are liable for a vehicle-pedestrian accident. The plaintiffs were leaving a Chicago movie theater at 1:30 a.m. and used Uber to call a ride. The driver could not figure out the directions to get the passengers to their destination and kicked them out of the vehicle when one of them offered to help give directions. While walking home, the plaintiffs were hit in a pedestrian crossing by a driver who was speeding. The plaintiffs filed a personal injury lawsuit against the driver of the vehicle that hit them, the Uber driver, Uber, and the person who let the Uber driver use his vehicle. Before hearing any arguments, a trial court dismissed the lawsuit against all defendants except for the driver who hit the plaintiffs, citing a lack of proximate cause.

Appeal

An Illinois appellate court reversed the trial court’s ruling, stating that there is a question of fact whether the Uber driver is liable for the injuries. The court said that the plaintiffs proved actual cause with the driver because they would not have been walking home if the driver had not forced them out of the vehicle before reaching their destination. As for proximate cause, the court said it is possible that the driver could have foreseen that he was putting the plaintiffs in danger because:

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Why You Should Not Testify in Your Criminal CaseWhen accused of a crime that you did not commit, it is human nature to want to tell everyone that you are innocent and explain why. However, it is almost always a bad idea to put a criminal defendant on the witness stand during his or her trial. There is too much potential for a jury to misconstrue your testimony, ultimately hurting your case. You are better served by making the prosecution prove the charge and letting the evidence speak for you.

Perception

Certain jurors may assume that your decision to not testify is a tacit admission of guilt, even though the court will instruct them to not make that assumption. However, testifying in court could do greater damage to your image. It is difficult to convincingly explain your innocence because your behavior will influence the jury more than your words:

  • Behaving nervously seems like you are trying to hide the truth;
  • Behaving emotionally makes you appear unstable, which is particularly bad if you are accused of a violent crime; and
  • Jurors could interpret a lack of emotion as you being cold and unfeeling.

Cross-Examination

You can practice how to answer questions that your defense attorney will ask you, but the cross-examination is the most dangerous part of testifying. Prosecutors will use the opportunity to ask you a series of tough questions in order to discredit your previous testimony or get you to unintentionally incriminate yourself. Their tactic is to wear you down with persistent and carefully worded questions until you:

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Posted on in Divorce

Updating Your Estate Plan After DivorceA divorce changes not only your life but plans you made in the event of your death. You likely named your former spouse as the primary beneficiary or caretaker in your estate planning documents. Once your divorce is final, Illinois law should assume that you no longer intend for your former spouse to receive most of your assets in a will or trust or be responsible for making decisions for you if you are incapacitated. However, you need to update these documents to make your intentions clear to your family:

  1. Wills: In a will, you name the beneficiaries who will receive your assets upon your death. After your divorce, the will treats any inclusion of your former spouse as though he or she has already died. However, your divorce can make your will essentially useless if your former spouse is the only beneficiary named. You should update your will to name new beneficiaries, such as your children, other relatives, or a charitable organization.
  2. Trusts: A trust differs from a will because you place assets in a trust while you are alive. The trustee will distribute those assets to your designated beneficiaries. One of the main benefits of a trust is that it allows your beneficiaries to receive those properties without having to go through probate. Assuming that you have a revocable trust, you can change who will receive the assets that would have gone to your former spouse or remove the assets from the trust.
  3. Power of Attorney: If you become incapacitated or unable to make your own decisions, a power of attorney allows someone else to make decisions on your behalf. A power of attorney for financial lets that person make monetary decisions, while a power of attorney for health care lets that person make decisions regarding your medical treatment. Though your former spouse will no longer have these powers, you need to update these documents to state who you want making these decisions for you.
  4. Child Guardianship: The normal presumption is that one parent will assume complete parental responsibilities for the children if the other parent dies. However, your former spouse may have limited or no parental rights if he or she is a danger to your children. In such a case, you need to name another adult who would be the legal guardian of your children upon your death.

Contact a McHenry County Divorce Attorney

Updating your estate planning documents can be a complicated process. A Crystal Lake, Illinois, divorce attorney at Botto Gilbert Lancaster, PC, can help you examine your documents and decide which changes you want to make. Schedule a free consultation by calling 815-338-3838.

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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