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Care Act

The cornerstone of federal legislation for small business relief is the CARES Act Paycheck Protection Program (“PPP”). 

The CARES Act set aside $349 billion for government-guaranteed loans for small businesses, to cover eight weeks of payroll and other expenses.

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What Information Do You Need When Making an Estate Plan?It is difficult to say when the right time is for you to create an estate plan because you cannot predict when you will need it. However, you should consider having a will or trust in place if you have valuable assets or people who are financially dependent upon you. An up-to-date estate plan could save your family time and cost on the probate process in the event of your death. If you have not created an estate plan before, you may not know everything you need to make a trust or will. Here is a helpful list of what you should bring to your meeting with your estate planning lawyer:

  1. Records of Your Major Assets: Your attorney needs a list of the assets you wish to distribute to your beneficiaries in your estate plan. Properties such as your home, other real estate, vehicles, bank accounts, and investments are typically the most important items in your plan. You should bring any deeds, contracts, or receipts that relate to those properties. You may also have luxury items or family heirlooms that you want to distribute. You can include any possession you own, though it is probably unnecessary to list every appliance or trinket.
  2. Records of Your Debts: Your estate plan must account for your debts, as well as your assets. You need to provide documentation of debts, including mortgages, loans, and lines of credit. The assets from your estate will be used to pay off your debts before they are distributed to your beneficiaries.
  3. List of Beneficiaries: You need to know who will be your beneficiaries receiving your assets. Spouses and children are usually the primary beneficiaries of estate plans. With children, you must consider at what age they would receive the assets and who would be their financial custodian until then. You also have the option of giving assets to other family members, close acquaintances, or organizations.
  4. Names of Your Trustee or Guardian: If you are creating a trust, you will need to name a trustee to manage your estate. You want someone who is level-headed and will be fair in managing your estate, whether that is a family member, friend, or professional. If you have children, you need to name someone as their guardian in the event that both of their parents are dead or incapacitated. Whoever you choose as a trustee or guardian, you need to discuss it with them before you make it official.

Contact a McHenry County Estate Planning Attorney

The estate plan you create must be clear in how you are distributing your assets and who you are leaving responsible for making decisions. With an ambiguous plan, your family will be forced to guess at your intentions for your estate. A Crystal Lake, Illinois, estate planning attorney at Botto Gilbert Lancaster, PC, will work with you on creating a plan that protects your dependents in the event of your death. Schedule a free consultation by calling 815-338-3838.

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Road Construction Injuries Can Involve Workers’ Compensation, Third Party ClaimsDespite the COVID-19 pandemic forcing many workers to stay home, road construction workers are among those who are performing essential work. Maintaining roadways is crucial to the transportation of essential goods and services. The Illinois Department of Transportation said that its workers will continue to perform maintenance on roads and that there are no plans to delay construction projects. Road construction workers may feel fortunate to be able to work, but their profession has a high risk of serious or fatal injuries, for which they may need to file a workers’ compensation claim.

Injury Statistics

According to the Centers for Disease Control and Prevention, 1,844 workers died at road construction sites from 2003 to 2017, including 83 workers in Illinois. Many more workers are injured each year. Anyone working on a major roadway is at risk, including:

  • Construction laborers
  • Highway maintenance workers
  • Operators of heavy machinery and transportation vehicles
  • Supervisors for these workers

Heavy machinery and falling accidents are common with all construction jobs. For road construction workers, transportation-related accidents are responsible for a majority of the injuries because workers are dealing with public drivers on the roadway and work-related vehicles. Even if workers take every precaution against being injured by their own vehicles, they cannot control the actions of a reckless driver who ignores caution signs and causes a crash.

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Gathering Evidence for a Premises Liability ClaimProperty owners owe a duty of care to create a reasonably safe environment for people they invite onto their premises. If you are injured due to a safety hazard while visiting someone’s property, you may be entitled to personal injury compensation through the premises liability laws. Proving that a property owner owed a duty of care is usually straightforward. As long as you had permission to be on the property, the duty of care should exist. However, it is more difficult to prove that the property owner should be liable for the conditions that caused your injury. They may not be liable if:

  • The hazard was apparent and could have been avoided
  • They could not have reasonably been aware of the hazard
  • You acted in a reckless manner that created your injury risk

Gathering evidence is a key step in proving a premises liability claim. Here are four types of evidence that could help:

  1. Pictures from the Scene: If you can identify the hazard that caused your injury, you should immediately take photographic evidence of the hazard. Do not rely on coming back to take pictures later, when the property owner may have had time to put up warning signs or fix the hazard. The court needs to see the property conditions at the time of your accident to understand why the property owner is liable.
  2. Witnesses: If someone saw your accident as it happened, they can testify about how the accident occurred and whether they noticed the hazard themselves. Talk to potential witnesses at the scene and ask for their names and contact information. Your lawyer can decide whether they would be good witnesses and do the work of getting them to testify.
  3. Video Evidence: Depending on the location, there may have been security cameras that captured your accident. You can file a subpoena to obtain a copy of the recording, which may support your claim about the hazard that caused your injury.
  4. Documents: The property owner may say that they did not know about the hazard on their property, but there may be documents that contradict them. For instance, they may have received a notice from a safety inspector about the hazard and the danger it could pose to visitors.

Contact a McHenry County Personal Injury Attorney

By gathering enough evidence on your premises liability claim, you improve your chances of winning your lawsuit or receiving a settlement offer from the property owner. A Crystal Lake, Illinois, personal injury lawyer at Botto Gilbert Lancaster, PC, can find the evidence that will be most relevant to your case. Schedule a free consultation by calling 815-338-3838.

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What Are a Juvenile’s Rights After Being Arrested in Illinois?When a juvenile in Illinois is accused of committing a crime, they often face a different justice system than adults. The Illinois Juvenile Justice System calls juveniles “delinquent minors” instead of criminals. The juvenile court places greater importance on rehabilitating the juvenile than punishing them. It is easier to expunge a juvenile’s arrest and criminal records than it is for adults. Knowing all of this, your child is better off in a juvenile court than an adult criminal court if they are arrested. How does Illinois determine whether a case belongs in juvenile court? What are a juvenile’s rights during the arrest? These are important things to know if your child has been charged with a crime.

Juvenile Court Requirements

The age of the defendant and the nature of the criminal charge will decide whether a person is tried as a juvenile or an adult. In Illinois, a defendant is tried as a juvenile if:

  • They are 17 or younger and were charged with a misdemeanor
  • They are 16 or younger and were charged with a felony

Illinois will use the age the defendant was when they allegedly committed the offense, not their age at the time of the trial. Once a case has been heard in juvenile court, the court can continue jurisdiction over the case until the defendant is 21.

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