The permanent partial disability benefit (PPD) is the amount of money the injured employee will receive after he recovers from his work-related injury, when he receives the Maximum Medical Improvement (MMI).

The current maximum amount of weeks for each body part is set forth as follows:

• Arm   253
• Leg    215
• Hand    205
• Foot   167
• Big Toe      38
• All of the Toes   13
• Thumb    76
• Index Finger      43
• Middle Finger   38
• Ring Finger    27
• Little Finger    22
• Man as a Whole 500

Determining what percentage of disability to a specific body part an injured worker is entitled to, varies on a case-by-case basis.

The mathematical calculation for the PPD benefit is quite simple. To arrive at the work benefit:
• Multiply the person’s average weekly wage by 60% (the PPD rate), then take that number and multiply it times the percentage loss of use for each specific body part that was injured in the work injury to arrive at the PPD benefit.
• This PPD rate is calculated at 60% of the average weekly wage, with a maximum of $636.15 per week.
• Any worker having an average weekly wage of over $1,060.00 per week or $55,133.00 per year is at the maximum benefit.

Disfigurement

An injured worker is able to recover money for disfigurement resulting from a work injury, with a maximum of 150 weeks.
• The disfigurement is commonly known as scarring.
• The scarring, to be compensable, must be serious and permanent to the hands, face, head, neck, arm, leg below the knee, or chest above the axillary line.
• The disfigurement or scar benefit is calculated on a case-by-case basis and
• A settlement cannot be made until six months have passed after the original accident.

Permanent Partial Disability does not include the following:
• Past pain and suffering.
• Future pain and suffering.
• Loss of a normal life.
• Temporary aggravation of a condition.
• An injury or scar that completely disappears.
• Risk of future injury.

What is a Wage Differential Award?

The Wage Differential award is calculated by:
• Taking two-thirds of the difference between his average weekly wage and what he currently can earn in the new lower-paying job based on his injury.
• This benefit is paid weekly for life if the case goes to trial.
• If the case settles, the attorney will calculate the injured worker’s life expectancy and multiple the weekly benefits times the life expectancy of the injured worker and take that figure and multiple it by a discount rate.

You can be sure that neither the worker’s compensation adjuster nor the worker’s compensation defense attorney will tell you that you have a wage differential case. They will attempt to settle your case on a loss of use basis, in an effort to save the insurance company money.

To get more information about your injuries and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

If an injured worker is found to be permanently and totally disabled, he is entitled to receive two-thirds of his average weekly wage for life, subject, of course, to the statutory maximums and minimums.
• The Supreme Court of Illinois has held that an employee is totally and permanently disabled when he is “unable to make some contribution to the workforce sufficient to justify the payment of wages.”
• The injured worker may be able to perform some intermittent work and still qualify as a Permanent Total Disability.

Two types of Permanent Total Disability cases are not classified as statutory.
• Workers who are obviously unemployable.
• Odd lot category workers.

To prove an odd lot on a total disability case, the injured worker is required to show a diligent but unsuccessful job search; or, because of his age, condition, training, education, and experience, he is unfit to perform any but the most menial tasks for which no stable employment market exists.

Vocational Rehabilitation

The Illinois Worker’s Compensation Act requires an employer to pay for vocational rehabilitation if an injured work is unable to return to his previous job.
• During the time of re-training, the employer is required to pay “maintenance benefits.”
• Maintenance benefits are calculated at a rate of two-thirds of the average weekly wage.
• Maintenance benefits are paid at the same rate of the Temporary Total Disability (TTD)  benefits.
• Maintenance benefits are to be paid the entire time the injured worker is undergoing vocational rehabilitation.

To qualify for vocational rehabilitation benefits, the work injury must have:
• Caused a reduction in the employee’s earning power and
• The employee is likely to obtain employment upon completion of the vocational rehabilitation.

The employer is responsible for paying all of the employee’s:
• Medical treatment, plus
• Instruction and training necessary for the physical, mental, and vocational rehabilitation
including all maintenance costs and expenses incidental thereto.

Since vocational rehabilitation cases are expensive, insurance companies spend lots of effort, energy, and money defending against them.

To get more information about your injuries and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

To get more information about injuries and death benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

If you’ve been injured in a drunk driving accident in Illinois, the Illinois Dram Job Act may allow you to take legal action again the follow parties:

• The intoxicated motorist;
• The person/business who sold the alcohol to the intoxicated person; and
• The owner of the property where the person became drunk (if the business sells liquor for a profit).

The Illinois Dram Shop Act is also called the Illinois Liquor Control Act, which basically reprimands any primary party (the intoxicated person) and secondary party (business) if they illegally contributed to the intoxication of the drunk driver. However, you are required to file an Illinois Dram Shop claim within a year of the date of the accident, for your claim to be considered.

There are also statutory limitations on the amount of money an injured individual can receive, which are determined annually by the Comptroller. Throughout the years, the amount of liability limit for actions The Illinois Dram Shop Act has been rising steadily. In 2009 the Dram Shop liability limit for actions that resulted in personal injury, death, or property damage was almost $60,000 for each person.

Additionally, families who have claims regarding any loss of financial support or loss of society due to the death of a family member were able to recover up to $72,000 in 2009.

Dram Shop

Illinois provides a remedy against owners of businesses that sell liquor which causes intoxication. The Dram Shop Act provides that every person who is injured by any intoxicated person as a result of his intoxication has a claim against any person who sells or gives alcoholic liquor thereby causing the intoxication of the intoxicated person. Liability extends to lessors or owners of the business selling liquor but does not extend to private persons providing alcohol.

In order to succeed in a Dram Shop action against an intoxicated driver, the plaintiff must prove the following:

• The defendant was intoxicated at the time of the collision.
• The defendant, his agents or employees sold or gave intoxicating liquor consumed by the intoxicated person.
• The liquor caused the intoxication of the intoxicated person.
• The defendant’s intoxication was at least one cause of the occurrence in question.
• As a result of the occurrence, the plaintiff suffered injury or damage to his property.

A person is “intoxicated” when as a result of drinking alcoholic liquor there is an impairment of his mental or physical faculties so as to diminish his ability to think and act.

• “Alcoholic liquor” includes any liquid or solid containing alcohol such as wine, beer, brandy, rum, whiskey, or gin.
• “Alcoholic liquor” does not mean or include any solid or liquid which contains ½ of 1% or less by volume.

Several defenses are available to a defendant in a case brought under the Dram Shop Act. If a jury finds that a plaintiff did any of the following, then the plaintiff cannot recover damages under the Dram Shop Act:

• Willingly caused the intoxication of the intoxicated defendant.
• Willingly encouraged the drinking which caused the intoxication of the intoxicated defendant.
• Voluntarily participated to a material and substantial extent in the drinking which lead to the intoxication of the intoxicated defendant.
• Actively contributed to or procured the intoxication of the intoxicated defendant.
• Provoked the conduct of the intoxicated defendant which caused the injury.

Although the Dram Shop Act provides a cause of action against liquor licensees who distribute alcohol, the damages which can be collected are limited by statute.

• The Illinois legislature established that recovery for injury to person or property cannot exceed $45,000.
• A limit of $55,000 for either loss of support or loss of society resulting from death or injury was also provided.
• On January 20 of each year the liability limits are automatically increased or decreased by a percentage equal to the percentage change price index during the preceding 12 month calendar year.
• The limits of recovery under the Dram Shop Act therefore vary from year to year.

In addition to an action under the Dram Shop Act, an injured person also has the right to pursue a claim against the driver for his negligence. Illinois does not cap the damages that may be recovered in that regard.

To get more information about recovering your damages under the Dram Shop Act in the State of Illinois, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

Components of a wrongful death case

• The survival action—for the conscious pain and suffering and other damages the deceased person suffered before his or her death.
• The wrongful death case—this is brought by the surviving family members seeking compensation for their losses.
• The economic support that the next of kin would have received during the lifetime of the deceased.
• The loss of society of the person who was killed. This means the loss of the family relationship.

Who files the wrongful death lawsuit?

• Only one person is permitted to control the wrongful death claim.
• If the deceased had a will, the executor of the estate would control the wrongful death suit.
• If the deceased had no will, a family member must be appointed as special administrator of the estate.

Damages recoverable

The total amount of damages recoverable include:

• Pain and suffering
• Medical expenses
• Lost wages sustained prior to death
• Loss of economic support
• Loss of society sustained by the next of kin
• The grief experienced by the surviving next of kin.

To get more information about Wrongful Death lawsuit in the State of Illinois, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

1. An employer/employee relationship must exist between the parties.
2. An issue regarding an employer/employee relationship usually arises when the employer claims the employee was an independent contractor.
3. Factors such as the right to control the work, the method of payment, the right to discharge, the skill required to perform the work, and whether the employer furnished the tools, materials, or equipment will be considered.

Exclusive Remedy

4. The injured worker may not sue his employer in Circuit Court; he can only make a claim pursuant to the Illinois Worker’s Compensation Act.
5. In an automobile accident lawsuit, the injured party can recover damages above and beyond what is provided in the Act, which include past pain and suffering, future pain and suffering, loss of normal life, risk of future injuries, 100% of all lost wages and benefits, property damage, and all loss of use of his vehicle.
6. The injured worker does not have to prove another person or entity was at fault; only that his injury arose out of and was in the course of his employment.

Statutory Employer

7. Anyone who undertakes to do any work is liable to pay worker’s compensation benefits, not only to his own employees but also the employees of sub-contractors which he directly or indirectly engages to do any of the work.
8. If you are an injured worker and your employer does not have worker’s compensation insurance and there was a general contractor on the job, you could file an application for adjustment of claim against your employer and also the general contractor who becomes the “statutory” employer.

Notice to the Employer

9. The Act requires the injured employee to give the employer notice of the injury within 45 days of the work injury.
10. The Act also requires the employee to file an application for adjustment of claim within 3 years of the date of the accident or within 2 years from the last payment of benefits made by the worker’s compensation insurance carrier.

Arising Out of

11. For a work injury to be compensable under the Act, the employment must expose the worker to a greater risk than faced by the general public.
12. For example: if the employee fell down a flight of stairs and there was no defect in the flight of stairs, that injury generally would not be compensable under the Act because the injured worker was not exposed to a risk that was greater than to the general public.
13. But, if the employee was walking down the steps while carrying a large box for the employer while in a hurry to bring the box to another co-worker to facilitate production and fell down the stairs, this generally would be sufficient to qualify for benefits under the Act.

Fights at Work

14. A fight between co-workers at work regarding the performance of work is compensable under the Act. But, the injured worker cannot obtain benefits if he was the “aggressor” in the fight.
15. If the fight or altercation does not involve the work of the employer and is purely personal, compensation for such injuries will be denied.

Recreational Activities

16. An injury to an employee while playing on the company’s softball team may qualify for worker’s compensation benefits under the Act, but each case if fact specific.
17. An injury resulting at a company picnic may or may not be compensable under the Act, depending on the facts of the case. If the employer required the employee’s attendance at the company picnic and paid the employee to attend the company picnic, or his attendance at the company picnic was mandatory, then that injury would qualify for benefits under the Act.

Intoxicated Employee

18. An employee who was intoxicated and becomes injured at work generally will qualify for benefits under the Act, except when the employer can show that the intoxication of the employee was so severe that the employee was unable to perform his job.

Parking Lot Cases

19. An employee who was injured while on his way to work in the parking lot generally will be covered under the Act if the employer made the employee park at a specific spot or section of the parking lot.

To get more information about your injuries and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.

• The injured worker has the right to choose his own doctor.
• Many injured workers are surprised to learn they have an absolute right to received medical treatment from a physician of their choice.
• Many companies send injured workers to their company doctor, and
• Not every company doctor has the best interest of the patient in mind as it relates to medical treatment and return to work issues.

Defense Medical Exam (DME)

• Since the injured employee has the right to choose his own treating physicians, the law provides the employer the right to have the injured employee examined by a physician of their choice.
• Failure of the injured employee to be examined by the employer’s physician of choice will cut off the injured employee’s right to receive TTD benefits.

• Since the insurance companies have the right of a DME, they use it to their advantage and, on occasion, will schedule an injured worker’s defense medical examination with very little notice, hoping the injured worker will not show up for the examination so they can suspend the worker’s TTD benefits. This results in a hardship to the injured worker and his family.                                                                                                  

• TTD benefits will be terminated and/or temporarily suspended in the employee refuses to submit to a medical examination requested by the employer.
• The employer is required to pay traveling expenses to the employee for the defense medical examination and
• The employer is required to pay any wages that are lost if the defense medical examination is scheduled and conducted during a time when the injured worker is at work.
• Since the insurance companies have this right, they use it to their advantage and, on occasion, will schedule an injured worker’s defense medical examination with very little notice, hoping the injured worker will not show up for the examination so they can suspend the worker’s TTD benefits. This results in a hardship to the injured worker and his family.

Medical Benefits

• The employer is required to pay for all the medical bills incurred by the injured worker while he recovers from his injury.
• Although the law states that the employer is responsible for payment of medical benefits resulting from the injury for life, in reality, when an injured worker settles a case, the settlement contracts provide that he waives future medical bills resulting from the injury.
• By signing settlement contracts, in reality, the injured worker really does not give up or waive a real benefit because it is difficult for an injured worker to come back years later and prove that his future medical treatment was casually related to the original work injury.
• In addition, when a worker’s compensation case is settled, the injured worker should be satisfied that his doctors and surgeons gave him the best medical care possible and that he is not in need of any future medical treatment or surgery.

Two (2) Doctor Rule

• The injured worker also has the right to receive medical treatment from any doctor or medical provider that his original choice of doctor referred him to.
• The injured worker is also able to choose another physician to receive treatment from and any other doctor or medical provider that the second doctor referred the injured worker to, and
• The employer is required to pay for these medical bills.

To get more information about your injuries and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois worker's compensation lawyer centrally located in Collinsville.

• TTD benefits are payment to an injured worker for the time they're off work recovering from a work-related injury.
• TTD benefits are calculated at two-thirds of an injured worker’s average weekly wage.
• The higher an injured worker’s average weekly wage, the higher his TTD benefit check
• Make sure there is an appropriate average weekly wage calculation.
• Current maximum TTD benefit is $1,178.48.
• Current minimum TTD benefit is $200.00 if the injured worker is single.
• Minimum TTD benefit increases based on the injured worker’s marital status and number of children.
• Minimum TTD benefits are as follows:
o Married   $230,000
o Married plus on child  $260,000
o Married plus two children $290,000
o Married plus three children $300,000
• If an injured worker was working only part-time and his average weekly wage was less than the minimum, then his entire average weekly wage will be used as the TTD benefits.

When Do TTD Benefits Start and Stop?

• TTD benefits will start to be paid 3 days after the injury and if the injured worker is able to return to work within 14 days of the original injury, the injured worker will only received TTD benefits from the 3rd to the 14th day.
• If the injured worker is off work more than 14 days, the Worker’s Compensation Act requires the insurance carrier to then pay TTD benefits for the first 3 days the employee was unable to return to work.
• TTD payments stop when the injured employee returns to work full duty without restrictions or reaches maximum medical improvement (MMI).

Maintenance Benefits

• The Act provides that an injured worker who reaches maximum medical improvement is entitled to receive “maintenance” benefits if
o He is unable to return to work at his former position as a result of the work injury
o And he is undergoing vocational rehabilitation.
• The maintenance benefit is paid at the same rate as the previous TTD benefits.

Overpayment of TTD Benefits

• On the rare occasion when an injured worker is paid more TTD benefits than he is entitled to under the Act, the insurance companies have fought hard to obtain repayment for that money.
• There is an appellate court case which states the worker’s compensation insurance carrier is entitled to a credit for the overpayment of TTD benefits against the permanency award, that being the PPD benefit.

To get more information about your injuries and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois worker's compensation lawyer centrally located in Collinsville, Illinois.

• In an Illinois worker’s compensation case, the average weekly wage determines how much money a person is to receive for TTD (temporary total disability) benefits and PPD (permanent partial disability) benefits.
• The injured worker’s pay for the 52 weeks prior to the date of injury is added up and divided by 52 to arrive at the average weekly wage.
• Insurance company claims adjustors work very hard to keep an injured worker’s average weekly wage low to reduce the money they pay on the claim.
• The law in Illinois states that overtime should be included in the average weekly wage compensation if the overtime is mandatory and occurs on a regular basis.

Bonuses and Fringe Benefits

• The Worker’s Compensation Act specifically excludes bonuses and fringe benefits in the calculation of an average weekly wage.

Incentive Pay

• The Illinois courts that have interpreted the average weekly wage calculation have found that incentive pay is included in the average weekly wage calculation.
• Vacation and holiday pay are included in the calculation of the average weekly wage.

Employees Who Have a Second Job

• It may come as a surprise to the average worker that if an employee has a second job the employer knows about, the wages of the second job are added to the employee’s regular wage to calculate his average weekly wage.
• This will result in the injured employee receiving additional money for the claim.
• Insurance adjusters rarely, if ever, will include a second job pay to the average weekly wage calculation for an injured employee, thereby reducing the amount the insurance company has to pay on a claim.

To get more information about your injuries, rights, and benefits under the Illinois Worker’s Compensation Act, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois worker's compensation lawyer centrally located in Collinsville, Illinois.

Insurance Total Average Cost: $4,500
High-risk insurance (Additional $1,500 per year, required for 3 years.)

Legal Fees Total Average Cost: $2,000
Uncontested plea and hardship driving permit.

Court Cost Total Average Cost: $3,600
Fine of up to $2,500. Court costs—$750. Reimbursements to law enforcement,
towing and storage fees—$250-500. Trauma Center fund—$100.

Rehabilitation Total Average Cost: $250
Remedial substance abuse class—$50. Counseling fees—$200.

Driver’s License Reinstatement Total Average Cost: $580
$500 plus $30 for a new license. $50—formal hearing fee.

BAIID Total Average Cost: $1,420
Installation—$100; rental fee—$80 per month/$960 per year;
monitoring fee—$30 per month/$360 per year.

Total Average Cost: $12,350+

Potential Additional Costs Associated with a DUI/DWI Charge or Conviction in lllinois

Income Loss Total Average Cost: $4,230
Loss of 4 weeks income due to jail or community service, evaluation and remedial
education classes. (Loss based on average yearly income of $55,000.)

Medical treatment for a crash involving injuries or fatalities: $100,000+
Compensatory damages awarded to crash survivors: $10,000+
In-patient substance abuse programs: $3.500+
Legal fees for bench trials, jury trials and civil proceedings: $ 5.000+

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Fact Book, Illinois Secretary of State, www.cyberdriveillinois.com.

Insurance Total Average Cost: $4,500
High-risk insurance (Additional $1,500 per year, required for 3 years.)

Legal Fees Total Average Cost: $2,000
Uncontested plea and hardship driving permit.

Court Cost Total Average Cost: $3,600
Fine of up to $2,500. Court costs—$750. Reimbursements to law enforcement,
towing and storage fees—$250-500. Trauma Center fund—$100.

Rehabilitation Total Average Cost: $250
Remedial substance abuse class—$50. Counseling fees—$200.

Driver’s License Reinstatement Total Average Cost: $580
$500 plus $30 for a new license. $50—formal hearing fee.

BAIID Total Average Cost: $1,420
Installation—$100; rental fee—$80 per month/$960 per year;
monitoring fee—$30 per month/$360 per year.

Total Average Cost: $12,350+

Potential Additional Costs Associated with a DUI/DWI Charge or Conviction in lllinois

Income Loss Total Average Cost: $4,230
Loss of 4 weeks income due to jail or community service, evaluation and remedial
education classes. (Loss based on average yearly income of $55,000.)

Medical treatment for a crash involving injuries or fatalities: $100,000+
Compensatory damages awarded to crash survivors: $10,000+
In-patient substance abuse programs: $3.500+
Legal fees for bench trials, jury trials and civil proceedings: $ 5.000+

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Fact Book, Illinois Secretary of State, www.cyberdriveillinois.com.

If a judge grants a driver court supervision for an offense, the driver is not subject to the mandatory penalties of the conviction; the judge determines the penalties.

Judges are prohibited from granting court supervision to a driver more than once in a lifetime for a DUI offense, and then only if there was no previous conviction.

Because the Secretary of State’s office records all court supervisions, repeat offenders are more easily identified, enabling judges to impose more appropriate penalties.

During 2011, 38,704 statutory summary suspensions were recorded by the Secretary of State’s office:
      • As of December 31, 2011, court dispositions were reported for 41 percent (15,677) of these cases.

      • Of those dispositions 29 percent (4,588) resulted in convictions and 66 percent (10,377) received court supervison

     • In 5 percent (752) of these cases, other dispositions, such as convictions for reckless driving were received.

      • Of the dispositions received, 22 percent of the first offenders received a DUI conviction, and 86 percent of multiple offenders were convicted.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Illinois DUI Fact Book, Jesse White, Illinois Secretary of State; www.cyberdriveillinois.com

• Have a clear driving record other than the revocation sanction.
• Undergo an alcoholic/drug evaluation. If an alcoholic/drug problem is indicated, proof of treatment must be submitted.
• Complete a drug/alcohol remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.
• Appear before a Secretary of State hearing officer. For a first offense, an informal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee, and attend a formal hearing in Chicago, Springfield, Mt. Vernon, or Joliet.
• Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender’s overall driving record, and the driver’s remedial efforts.
• File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement fee, pass the driver’s license exam (written, vision, and driving) and pay the appropriate application fee.
• Payment for a revocation fee must be mailed to
                      Secretary of State
                      Traffic Violations Section
                      2701 S Dirksen Parkway
                     Springfield, IL 62723
• An offender requesting a formal hearing for reinstatement of driving privileges must pay a $50 non-refundable filing fee when requesting the formal hearing.

A reinstatement becomes valid when it is entered on the driver’s record in the Secretary of State’s office.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Illinois DUI Fact Book, Jesse White, Illinois Secretary of State; www.cyberdriveillinois.com

• A DUI conviction is a permanent part of an offender’s driving record.
• The offender may lose work time.
• The offender is required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before driving privileges are reinstated.
• The offender must meet the requirements of the Secretary of State’s Department of Administration Hearings prior to obtaining a Restricted Driving Permit (RDP).
• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed on the offender’s vehicle as a condition of driving.
• The offender is required to carry high risk auto insurance for 3 years.
• The offender’s vehicle registration will be suspended.

The vehicle of any driver may be seized or impounded by local authorities for committing a:

• DUI while driving privileges are suspended/revoked for a previous DUI or reckless homicide;
• DUI with a previous conviction of reckless homicide, aggravated DUI with death, or great bodily harm;
• A third or subsequent DUI;
• DUI without a valid driver’s license or permit;
• DUI while uninsured.

The DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the statutory summary suspension, which is an administrative process.

A person convicted of DUI whose driving privileges were suspended because of a statutory summary suspension will have the time credited to the minimum period of revocation of driving privileges.

If a driver is convicted of DUI in another state, the conviction will be added to his/her Illinois driving record and result in revocation of driving privileges.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Illinois DUI Fact Book, Jesse White, Illinois Secretary of State; www.cyberdriveillinois.com

Aggravated DUI includes the following offenses:

• Third or subsequent DUI  (Class 2 felony: penalties vary according to offense)
• DUI committed while driving a school bus carrying persons age 18 or younger (Class 4 felony)
• DUI resulting in great bodily harm, permanent disability or disfigurement (Class 4 felony)
• Second or subsequent DUI committed while transporting a child under age 16 (Class 2 felony: penalties vary according to offense)
• DUI committed while transporting a child under age 16 and involved in a crash that resulted in bodily harm to the child (Class 2 felony: penalties vary according to offense)
• DUI committed without a valid driver’s license or permit (Class 4 felony)
• DUI committed without vehicle liability insurance (Class 4 felony)
• DUI committed after a previous conviction for reckless homicide while DUI or Aggravated DUI involving a death
(Class 3 felony)
• DUI committed in a school zone while the restricted speed limit is in effect and involved in a crash that resulted in bodily harm (Class 4 felony)
• DUI committed while revoked or suspended for DUI, reckless homicide, or leaving the scene of a personal injury or death (Class 4 felony).  Any penalty imposed is in addition to the penalty for any subsequent DUI violation. Revocation period determined by offense.
• DUI resulting in a death (Class 2 felony). Revocation of driving privileges for a minimum of 2 years from the effective date of the revocation or from the date of release from incarceration of the offense.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Illinois DUI Fact Book, Jesse White, Illinois Secretary of State; www.cyberdriveillinois.com

MYTH: America is suffering from an explosion of “litigation lawsuits.”
FACT:
• Tort cases, as they are called, have been on the decline for decades.
• According to the National Center for State Courts (NCSC) tort cases declined by 25 per cent between 1989 and 2008.
 

MYTH: Personal injury claimants and their lawyers clog up our courtrooms.
FACT:
• According to the NCSC, tort cases make up only 5 per cent of the civil caseload.
• In fact, contract cases, which are more likely to involve corporations, are 10 times more numerous, making up 51 per cent of the court’s work.
• While tort cases are on the decline, the number of contract cases rose by 63 per cent between 1989 and 2008.
 

MYTH: Lawsuits are jackpot justice. Winning a lawsuit is like winning the lottery.
FACT:
• Most lawsuits result in comparatively small verdicts.
• According to the Department of Justice’s Bureau of Justice, the median tort award is just $31,000.
• What’s more, award sizes have decreased over the years.
 

MYTH: Corporations get hammered in courts by outrageous punitive damages awards.
FACT:
• Punitive damages are not commonly sought or awarded, and when they are, amount to less than twice compensatory damages.
• According to the BJS, punitive damages were sought in just five per cent of all tort trials where plaintiffs won.
• The median punitive damage award was $55,000.
• There were too few medical malpractice cases in which punitive damages were awarded to provide a statistically reliable estimate of the amount of punitive damages in this category.
 

MYTH: Doctors are increasingly bombarded with medical malpractice lawsuits.
FACT:
• Both the NCSC and the National Practitioner Data Bank (NPDB) to which medical malpractice payments must be reported, have found the number of malpractice payments in 2010 was just 13, 277 nationwide, a 35 per cent drop since 2001.
• According to the NCSC, medical malpractice cases represent well under 2 per cent of all civil cases, and less than 8 per cent of tort cases.
(National Practitioner Data Bank, National Center for State Courts)

MYTH: Even if the number of medical malpractice cases is really going down, the ones that are left are still frivolous cases that cost millions of dollars.
FACT:
• According to the NCSC, the median award in medical malpractice cases is $400,000, as compared with $19,840 in other personal injury cases.
• But the NCSC also found that “damage awards are generally proportionate to the severity of the injury,” because medical malpractice cases tend to involve severe injuries.
• For instance, 22 percent of medical malpractice cases involve the death of a patient, as opposed to just three per cent of other types of cases. Nor are these types of cases, severe injury or not, frivolous.
• In 2006, researchers in the Harvard School of Public Health announced the results of a study showing that most negligent claims involve medical error and serious injury, and concluded “portraits of a malpractice system that is stricken with frivolous litigation are overblown.”
• The researchers found that few claims were without merit, and those that were, generally did not receive any money.
• Most negligent claims were meritorious, with 97 per cent of claims involving medical injury and 80 per cent involving physical injury resulting in major disability or death. Few claims where there was not error were ever paid.
• Even Victor Schwartz, one of the biggest proponents of capping damages, admitted, “There is no question that it is very rare that frivolous suits are brought against doctors. They are too expensive to bring.”
(National Center for State Courts; New England Journal of Medicine, Los Angeles Times)

To get more information after you or a family member has suffered an injury from an accident or someone else's negligence, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County personal inuury lawyer centrally located in Collinsville.

Source: The American Association for Justice; Facts V. Fiction

• 323 people were killed in alcohol-related crashes, which was 35 per cent of the 918 total crash fatalities
• 38,704 DUI arrests were recorded by the Secretary of State’s Office.
• 92 per cent of all drivers arrested for DUI, who were eligible, lost their driving privileges.
• 1,338 drivers under age 21 lost their driving privileges due to Zero Tolerance law violations.
• 24 per cent of those arrested for DUI are women, who represent 50 per cent of all licensed drivers.
• Male ages 21-24 had the highest DUI arrest rate (about 17 per cent per 1,000 licensed drivers).
• 85 per cent of all drivers arrested for DUI are first offenders.

.08 BAC

• Illinois .08 illegal BAC limit was signed into law July 2, 1997. .08 is a measurement of the blood-alcohol concentration level at which drivers are considered intoxicated and, therefore, are prohibited from driving on Illinois roadways.

• All 50 states, the District of Columbia, and Puerto Rico have .08 BAC per se laws.
• At .08, all drivers are impaired to the point that critical driving skills are greatly diminished. Studies indicate that at .08, a driver’s steering, braking, speed control, lane changing, gear changing, and judgments of speed and distance are all significantly impaired.
• To reach .08, a 170-pound male would have to consume four or more drinks in one hour on an empty stomach. A 137-pound female would have to consume three drinks in one hour to reach .08. A drink is considered a:
      -  12-ounce beer.
      -  5-ounce glass of wine.
      -  Cocktail containing 1.5 ounces of 80-proof liquor.

The rate of alcohol impairment among drivers involved in fatal crashes is 4.5 times higher at night than during the day. (National Highway Traffic Safety Administration)

STATUTORY SUMMARY SUSPENSION/REVOCATION

• A statutory summary suspension provides for the automatic suspension of driving privileges of a driver arrested for DUI who fails, refuses to submit to, or fails to complete chemical testing.
• Failure of chemical testing means a person’s BAC was .08 or more, or the test showed a trace of other drugs.  Statutory summary suspensions are automatic, effective on the 46th day from the date of the suspension notice.
• This suspension does not replace criminal penalties for a DUI conviction.
• An offender may request a judicial hearing to challenge the arrest; however, the request does not stop the suspension from taking effect.
• If an Illinois driver refuses to submit to chemical testing in another state, his/her driving privileges will be suspended.
• A statutory summary suspension does not apply to a person with a BAC of less than .08.
• If a person has a BAC of more than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply.
• If a commercial driver’s license holder receives a statutory summary suspension, his/her CDL privileges will be disqualified for one year for a first offense, a lifetime disqualification applies for a second offense.

FAILING A CHEMICAL TEST

• First offense: Suspension of driving privileges for 6 months (eligible for MDDP on 31st day of suspension).*
• Second or subsequent offense within 5 years: Suspension of driving privileges for 3 years (not eligible for driving relief).

A police officer is required to request a chemical test when he/she has probable cause to suspect DUI is a factor when a crash results in personal injury or death. A driver who refuses to submit to such testing will have his/her driving privileges revoked for a minimum of one year.

A DUI offender eligible for driving relief and issued a Monitoring Device Driving Permit (MDDP) must operate only vehicles installed with a Breath Alcohol Ignition Interlock Device (BAIID), unless exempted by employment. The offender is subject to all MDDP rules and BAIID fees.

In 2011, 92 per cent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges; 85 per cent of those were first offenders. (Illinois Secretary of State)

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Source: 2013 Fact Book, Illinois Secretary of State, www.cyberdriveillinois.com.

A  driver is considered legally DUI in Illinois if he or she:
• Has a blood-alcohol concentration (BAC) of .08 or more.
• Has used any illegal substance.
• Is impaired by medication.

Drivers with a BAC between .05 and .08 may also be convicted of DUI if they are impaired.

With limited exception for religious ceremonies and prescribed medicine, there is zero tolerance for consumption of alcohol by drivers under 21.

DUI Fines and Penalties

First DUI (Class A Misdemeanor)
Upon conviction, first-time offenders face:

• Up to one year in jail.
• At least 100 hours of community service if their BAC was .16 or higher.
• 25 days of community service if they were driving with a passenger under 16.
• A fine of up to $2,500.
• An additional fine of at least $500 if their BAC was .16 or above.
• An additional fine of at least $1,000 if driving with a passenger under 16.
Plus:
• Drivers convicted of DUI may have their licenses suspended for at least one year and their vehicle registration suspended.
• Illinois is one of 11 states that require all DUI offenders, even first-time offenders, to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle as a condition of driving relieve during their license suspension.

Second DUI (Class A Misdemeanor)
Drivers convicted of a second offense:

• Must serve at least five days of jail time or 240 hours of community service and face up to a year in jail.
• Must serve an additional mandatory two days of jail time of their BAC was .16 or higher.
• May face three to seven years prison time if driving a passenger under 16 (which constitutes felony aggravated DUI).
• Must serve at least 25 days of community service if there was a passenger under 16.
• A fee of up to $2,500.
• An additional fee of at least $1,250 if the BAC was .16 or higher.
• An additional fee of up to $25,000 if there was a passenger under 16.
Plus:
• Upon a second conviction, drivers face license suspension for at least five years and vehicle suspension if the prior DUI was within the 20 previous years.

Third DUI (Aggravated DUI (Class 3 Felony)
Conviction of a third offense carries a:

• Possible prison sentence of three to five years and fines up to $25,000.
• If driver’s BAC was .16 or higher, there will be a mandatory 90 days of jail time and minimum fine of $2,500.
• Drivers transporting a child under the age of 16 will face an additional mandatory fine of $25,000 and an additional sentence of 25 days of community service.
Plus:
• A third-time offender’s driving privileges will be revoked for at least 10 years and vehicle registration will be suspended.

Four DUI (Aggravated DUI, Class 2 Felony)

A fourth DUI carries the same potential penalties, except that:

• If committed with a BAC of .16 or higher, in addition to the other fines, there is a mandatory minimum fine of $5,000.
• If committed with a passenger under 16, an additional mandatory fine of $25,000 and sentence of 25 days community service.

Fifth DUI (Aggravated DUI, Class 1 Felony)

A fifth DUI carries a possible:

• Sentence of 4 to 15 years in prison.
• Fines up to and in excess of $25,000.
• Community service.
Plus:
• Upon a fifth conviction, driving privileges will be revoked for life (with little relief available) and vehicle registration suspended.

Sixth or Subsequent DUIs (Aggravated DUI, Class X Felony)

Convicted drivers face potential:

• Imprisonment for 6 to 30 years.
• Fines up to and in excess of $25,000
• Community service.
Plus:
• Driving privileges will be revoked for life with no relief available and vehicle registration will be suspended.

The law differs with regard to drivers under the age of 21 or those with a commercial driver’s license. The penalties and fine may also be increased for drivers who are involved in an accident.

A DUI conviction is a permanent part of a driving record. Drivers may lose work time and have their vehicle impounded or seized. Those who have been arrested for or charged with DUI should contact a criminal defense attorney to protect their rights and driving privileges.

To get more information after you or a family member has been charged with DUI/DWI or a traffic citation call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Class A: Up to $2,500 Fine and/or Up to 1 Year in Jail.
Class B: Up to $1,500 Fine and/or Up to 6 Months in Jail.
Class C: Up to $1,500 Fine and/or Up to 30 Days in Jail.

Felony Conviction
 

Class X Felony: Up to $25,000 Fine and/or 6 to 30 Years                                                                        Class 1 Felony: Up to $25,000 Fine and/or 4 to 15 Years                                                                        Class 2 Felony: Up to $25,000 Fine and/or 3 to 7 Years
Class 3 Felony: Up to $25,000 Fine and/or 2 to 5 Years
Class 4 Felony: Up to $25,000 Fine and/or 1 to 3 Years 
 

If possession or sale of any drug is within 1,500 feet of a school, church, public park, or movie theater, court may double the fine and the sentence.

If a firearm is in possession at the time of a drug arrest, at conviction court may double the fine and the sentence.

To get more information after you or a family member has been charged with a drug-related crime, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Madison or St. Clair County criminal attorney centrally located in Collinsville.

Anyone can develop obstructive sleep apnea but certain physical characteristics and lifestyle changes put some individuals at greater risk.

Risk factors:
• Family history of sleep apnea
• Small upper airway
• Overweight
• Small jaw, recessed chin, or large overbite
• Large neck
   ---17 inches or greater for men
   ---16 inches or greater for women
• Smoking
• Alcohol use
• Age 40 or older
• High blood pressure
• Ethnicity

Symptoms:
• Loud snoring
• Morning headaches
• Excessive daytime sleepiness
• Observed episodes during sleep when breathing stops
• Awakened abruptly with shortness of breath
• Difficulty concentrating and remembering
• Irritable or depressed
• Problems falling asleep
• Problems keeping high blood pressure under control

To get more information after your or a family member has been hurt in a semi truck accident in Illinios, fill out the form on this website and get your FREE "Illinois Guide Book to Auto Accidents and Injuries" and the "Illinois Guide Book to Semi Truck Accidents." Or better yet, for more direct answers call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced semi truck accident attorney located centrally in Collinsville,

 Source: Federal Motor Carrier Safety Administration (FMCSA)