DGAA bLAWg

Thanksgiving Day Massacre: If Turkeys Had Legal Rights

Web Admin - Friday, November 21, 2014
turkey Thanksgiving criminal charges, Schaumburg personal injury lawyer

Thanksgiving is just around the corner now, so it seems like a good time to engage in an educational hypothetical: “what if turkeys had legal rights?” Suppose Chris Carver is just about to start preparing Tom Turkey for Thanksgiving dinner, when Governor Rauner, taking his cue from the annual presidential turkey pardon, decrees that all turkeys are protected and have the same rights as people. The police break down Chris's door, taking him away in handcuffs and saving Tom. This leads to two questions: “what, undoubtedly delicious, crimes could Chris be charged with?” and “what civil claims could Tom bring against him?"

Criminal Charges

There are a variety of crimes that Chris may be guilty of. The two major ones are kidnapping and attempted murder. Kidnapping is defined under Illinois law as “secretly confining someone against their will.” Chris was clearly confining Tom. Assuming it was done secretly, Chris may actually be guilty of aggravated kidnapping, a more serious version of the crime, because he had a carving knife, which would be a deadly weapon for purposes of the law. Aggravated kidnapping is a Class X felony in Illinois, which carries a sentence of between six and 30 years in prison.

However, Chris was doing more than just confining the turkey; he was preparing to cook him, which would be first-degree murder in Illinois. The different degrees of murder in Illinois are based on what the offender was attempting to do. Chris's qualifies for first-degree, the most serious, because he was intentionally trying to kill Tom. The fact that Chris did not succeed in killing Tom Turkey does not matter because he took a “substantial step” towards the murder when he kidnapped Tom. This means that the state could still charge him with attempted first-degree murder, also a Class X felony.

Civil Claims

While the criminal charges would take care of punishing Chris for his crimes, they do not provide Tom with any restitution for his ordeal. Fortunately, Tom can also sue Chris in civil court for several different claims. For instance, Tom can sue Chris for false imprisonment, the civil version of kidnapping, because he held Tom against his will. Tom could also sue Chris for assaulting him, since Chris intentionally acted in a way that put Tom in fear of an immediate harmful contact. Assuming Tom succeeds on these claims he can recover a variety of damages including payment of any medical bills, any wages he lost from his job during his confinement and recover, and compensation for the emotional pain and suffering of almost becoming Thanksgiving dinner.

If you believe you have been a victim of harms like Tom's, or you want to learn more about your criminal rights if you have been charged, contact the Schaumburg personal injury and criminal attorneys at Drost, Gilbert, Andrew & Apicella, LLC today. We assist clients in Rolling Meadows, Buffalo Grove, Barrington, and throughout the Chicago suburbs. Call 847-934-6000 for a free consultation.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Illinois Contract Law and the Statute of Limitations

Web Admin - Thursday, March 27, 2014

illinois breach of contract attorneyLawsuits are based around some sort of legal claim, an event or controversy where someone was harmed. For contracts this harm is usually comes in the form of a breach, where one party fails to fulfill its obligations. However, people are not allowed to simply lie in wait indefinitely after a breach of contract and file a suit decades later. Instead, the law imposes a rule called a statute of limitations. This rule acts as a time limit on filing a case, though the time limit varies based on the particular circumstances of the case.

After learning about statutes of limitations, many people wonder why they exist.

Intuitively, it seems unfair that an injured party should have a countdown placed on their ability to seek compensation. In reality there are two reasons for it, fairness to the defendant and the accuracy of the trial. From the standpoint of fairness, the law believes that even if someone has done something wrong, they still have the right to deal with it in open court and then put it behind them, rather than having the threat of a lawsuit hanging over them for the rest of their life.

As for the accuracy of the trial, evidence often degrades over time. Crucial objects can be lost, and witnesses’ recollections of events can grow hazy. Consequently, courts want plaintiffs bringing cases swiftly in order to have the best information available.

How Long is the Statute of Limitations for Breach of Contract?

For the purposes of contract law the statute of limitations can be as long 10 years or as short as one depending on what type of contract it is. The longest time limit, 10 years, belongs to breaches of standard written contracts. However, if the contract breached was an oral one rather than a written one, then Illinois law brings the statute of limitations down from 10 years to five. Certain sales contracts can have even shorter limits, four years by default, but the terms of the contract can opt to limit it to as little as one year.

In addition to the question of how long the statute of limitations is, the other major concern is the question of when the clock starts to count down. The general rule is that the time limit starts running from the moment of the breach, not the moment that the breach causes the injury. However, there is an exception to this normal starting point if something called the Discovery Rule applies.

The Discovery Rule "tolls" the statute of limitations, meaning that it prevents the time from counting down, until the injured party either discovers the breach or should have reasonably discovered the breach. Importantly, the Discovery Rule does not function for all breach of contract claims in Illinois, so whether it applies will depend on the specific facts of a case. There are also other rules that can toll the statute under certain circumstances such as if the injured party is a minor or away on military service.

If you believe you have a claim against someone for breaching a contract, contact a Palatine civil litigation attorney before the statute of limitations on your claim expires. Our experienced lawyers help clients across northwest suburban Cook County, in towns like Barrington, Des Plaines, and Crystal Lake.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Crystal Lake medical malpractice law firm Fair Labor Standards Act medical research Inverness real estate lawyer college kids construction accidents Illinois lawyer Do Not Resuscitate capital gains tax Arlington Heights injury attorney Inverness DUI lawyer coronavirus personal injury law firm Arlington Heights criminal lawyer Schaumburg traffic lawyer Illinois real estate lawyer rent to own real estate contracts Inverness civil lawyer Deer Park real estate law firm Barrington litigation attorney dog bites Palatine trusts lawyer Schaumburg personal injury lawyer criminal Palatine workers compensation lawyer Crystal Lake will lawyer civil rights violation taxes pedestrian accident Buffalo Grove corporate attorney insurance adjusters guardianship attorney Crystal Lake accident attorney appealing an insurance claim trusts Deer Park employment law attorney estate planning lawyer overtime violations Schaumburg corporate attorney Rolling Meadows personal injury lawyers DUI defense drug crime Rolling Meadows business lawyer power of attorney for healthcare Illinois civil litigation lawyer work unions BUI disability benefits Palatine personal injury lawyer Buffalo Grove traffic attorney Illinois wrongful termination lawyer llinois Real Estate Lawyers Association Palatine punch death Rolling Meadows car accident lawyers denied insurance claim estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers insurance dispute attorney head on collisions pregnant women cell phone accidents Inverness injury lawyer blended families Schaumburg personal injury attorney drug possession Des Plaines Traffic Lawyer Arlington Heights car accident lawyer back injuries construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Rolling Meadows personal injury lawyer probate claims process icy parking lots Crystal lake insurance dispute attorney murder defense Deer Park criminal attorney Barrington estate planning lawyer privacy independent contractor digital evidence Arlington Heights wills and trusts lawyers Buffalo Grove traffic lawyers Detainer Actions marijuana Arlington Heights personal injury attorney Illinois insurance attorney license suspension Palatine Attorney Crystal Lake tax lawyer Barrington injury attorney brain injury foreclosure Whistleblower Claims denied insurance claims slip and fall vacation home corporate law Attorney Ken Apicella Illinois traffic attorneys IRELA Barrington medical malpractice lawyers Legal Info natural gas explosion Schaumburg employment attorney Barrington criminal lawyer Illinois small business Schaumburg insurance dispute insurance negligence commercial leases Illinois employment laws Rolling Meadows boating crash lawyer deed transfer Deer Park medical malpractice attorney Palatine injury attorney car accidents home inspection lawyer sole proprietorship Colin H. Gilbert Illinois registered agent trust payments gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys criminal law Home Remodeling Repair Act Crystal Lake personal injury lawyer Inverness personal injury attorney estate planning trusts Des Plaines personal injury lawyer Arlington Heights car crash attorneys Barrington employment law attorney Des Plaines Buffalo Grove medical malpractice lawyers landlord tenant law personal injury attorney drug crimes underfunded trust personal injury lawyer power of attorney employee rights Illinois estate planning Illinois trusts attorney Palatine corporate law attorneys reckless homicide Palatine employment attorney Schaumburg employment law attorneys Illinois red light cameras Palatine estate planning lawyer natural gas Illinois workplace discrimination attorney Barrington life insurance lawyer Illinois employee rights attorney. Palatine construction attorney Kenilworth estate planning lawyer rest breaks overtime pay Des Plaines collections attorney Illinois medical malpractice case drug crimes lawyer cell phone Chicago employment attorney Affordable Care Act employment lawyer Des Plaines drug crimes lawyer wills Palatine civil litigation lawyer insurance agents Crystal Lake estate planning lawyer business litigation Rolling Meadows life insurance claim denial attorney estate planning attorney Illinois rollover accident lawyers minimum wage ken apicella Barrington criminal defense lawyer living trust vs will Thanksgiving medical malpractice claims pet law Inverness estate planning lawyer underinsured motorist Palatine drug lawyer most common reasons for life insurance claim denials Rolling Meadows drug defense attorney Rolling Meadows employment law attorneys Palatine real estate lawyer Chicago trucking accident attorney Retaliatory Discharge traffic deaths elder abuse Illinois medical malpractice lawyers construction contracts Landlord Tenant Ordinance Chicago estate planning lawyer unfunded trust employees Illinois personal injury lawyers Des Plaines personal injury lawyers Home Sale Contingencies field sobriety test mortgage foreclosed rental property living wills Arlington Heights pedestrian accidents employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys rumble strips wrongful termination Buffalo Grove car accident lawyer DGAA Buffalo Grove real estate attorney car crashes traffic accidents Illinois insurance claim attorney Inverness insurance attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, unauthorized overtime Illinois bicycle safety insurance claim dispute attorney Illinois DUI attorney Long Grove estate planning Chicago car accident lawyer Arlington Heights medical malpractice lawyer bike accident healthcare probate lawyer Illinois employment lawyer condo association defective products license Arlington Heights estate planning attorney Palatine traffic lawyer DMV estate planning for college students insurance denial appeals Illinois motorcycle accident lawyer traffic offenses Rolling Meadows medical malpractice lawyers Crystal Lake traffic attorney pedestrian accidents Illinois personal injury attorney BAC insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys DUI attorney premises liability Deer Park motorcycle accident lawyer rollover accidents Buffalo Grove probate lawyer health insurance dispute Crystal Lake civil litigation lawyer Illinois employment law firm Crystal Lake pedestrian accident lawyer traffic laws Schaumburg medical malpractice lawyer probate claims Barrington business law firm Rolling Meadows traffic law firm Rolling Meadows DUI lawyer Arlington Heights wills and trusts attorney Schaumburg injury lawyer Illinois corporate lawyer bicycle accidents slip and fall accidents Schaumburg civil litigation attorney Illinois employment law Arlington Heights lawyer gift taxes Illinois traffic ticket lawyer license revocation Chicago lawyer personal injury criminal record Buffalo Grove criminal defense lawyer Schaumburg Attorney Inverness elder law lawyer federal regulations for LLCs traumatic brain injury Des Plaines tax law firm Illinois tax attorney Illinois workers compensation attorney tax attorney Illinois traffic attorney Rolling Meadows employment law attorney Rolling Meadows Attorney unpaid assessment elder law workplace sexual harassment Buffalo Grove employment lawyer Rolling Meadows personal injury attorney Des Plaines motorcycle accident attorney Arlington Heights wills and trusts attorneys Palatine probate lawyer Illinois Smoke Detector Act jet ski Illinois estate planning attorney comp time insurance claim Des Plaines medical malpractice attorney Barrington personal injury attorney texting while driving Rolling Meadows insurance lawyer boating accidents bicycle dooring accidents Illinois driving without license Illinois Workers’ Compensation Commission whistleblower protections Illinois workplace lawyer Arlington Heights real estate lawyer Palatine elder law attorney Illinois business law atorneys car accident lawyer hit and run accident workers compensation benefits top life insurance claim denials Chicago will attorney, social media platforms, Illinois estate planning lawyer, Food and Drug Administration's Food Safety Modernization Act pedestrian injuries, pedestrian fatality distracted driving accidents digital assets senior citizens CAM Chicago will attorney pain and suffering Illinois collections attorney Exclusions Deer Park DUI lawyer probate fees Crystal Lake employment law attorney Federal Food Drug and Cosmetic Act Illinois jet ski accident lawyer filing a medical malpractice claim Illinois Long Grove wills and trusts attorneys insurance claims Buffalo Grove personal injury lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Rolling Meadows no contest clauses TBI Des Plaines drug lawyer spinal cord injuries Illinois attorney civil litigation Illinois Transfer on Death Instrument ACA car accident Illinois insurance lawyer motorcycle accident Rolling Meadows insurance attorney Illinois defective products attorney creditors Crystal Lake criminal defense attorney estate planning medical malpractice Barrington workers compensation attorney product liability Des Plaines pet law attorney small business Crystal Lake employment lawyer civil litigation attorney dealing with problem employees Schaumburg car accident attorney insurance denials probate real estate closing living trust IRS Inverness accident lawyer DNR low-ball insurance settlement Crystal Lake car accident attorney real estate real estate leasing Arlington Heights accident attorney Rolling Meadows corporate lawyer Des Plaines claims law firm first degree murder Des Plaines insurance attorney Illinois employment law attorney GM ignition switches boating under the influence Des Plaines DUI attorney Illinois traffic accident lawyer Policy Cancellation startup company wills and trusts Illinois medical malpractice claim car accident lawyers IRA benefits Chicago traffic lawyer Palatine life insurance lawyer Illinois wills and trusts Illinois pet lawyer condo FMLA real estate attorney financial advisors employment contract Illinois workers compensation lawyer pay when paid contract employment law Forcible Entry food poisoning loopholes DUI penalities insufficient documentation nursing home negligence Chicago life insurance attorney unpaid overtime trucking accident lawyers pedestrian-automobile accident dynasty trusts Rolling Meadows employment attorney employment attorney insurance claim denials insurance disputes South Barrington real estate lawyer PTSD caretaker rights Crystal Lake bike accident lawyer Barrington civil litigation attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Rolling Meadows estate planning attorney social media after death contracts Illinois job attorney Illinois LLC creation material misrepresentation Illinois speeding lawyer defective products lawyer trucking accidents healthcare claims car crash injuries living trust benefits Illinois business lawyer Rolling Meadows marijuana attorney jet ski accidents IRA trust transfer Kenilworth estate planning attorneys Crystal Lake pet attorney Des Plaines accident attorney right to work estate plan life insurance Rolling Meadows traffic attorney Palatine civil attorney Des Plaines real estate attorney Joliet general practice lawyers Crystal Lake traffic lawyer investment property Arlington Heights traffic attorney Inverness real estate attorney liability clemency Schaumburg drug defense lawyer accidental death benefits Crystal Lake law firm Barrington employment attorney Illinois mortgages rollover car crashes Palatine insurance lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Schaumburg insurance lawyers Illinois insurance claim dispute lawyers Illinois Trust Code Schaumburg elder law lawyer Crystal Lake personal injury attorney Rolling Meadows litigation lawyer Illinois construction accident attorney Des Plaines real estate lawyer Illinois elder law attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Deer Park workers compensation lawyer Crystal Lake medical malpractice attorneys Schaumburg personal injury lawyers Illinois living will Colin Gilbert Jay Andrew Arlington Heights TBI attorney trauma after an accident spinal cord injury Buffalo Grove law firm Illinois insurance disputes hiring employees Palatine criminal defense lawyer marijuana crimes attorney holiday statistics Illinois Wage Payment and Collection Act Schaumburg construction accident lawyer fiduciary rule mass shooting medication errors Illinois medical malpractice attorney life insurance claim denial, denial of life insurance claim BAIID motorcycle accident lawyer Arlington Heights Traffic Lawyer Schaumburg life insurance attorney Barrington Traffic Lawyer Illinois real estate Mt Prospect Attorney severance agreements installment contracts irrevocable trust Long Grove estate planning attorney estate tax breathalyzer test operating agreements Chicago insurance claim attorneys real estate lawyer in terrorem provision LLCs Chicago attorney real estate zoning sexual images Buffalo Grove insurance claim dispute lawyers pizza emoji Illinois home inspection murder charges Transfer on Death Instrument Liquor Control Act wage theft life insurance claims Long Grove real estate lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys drunk driving Schaumburg criminal attorney employment law, Illinois employment laws how to avoid common denials of life insurance claims bad faith insurance claims anesthesia errors Barrington boating accident attorney cell phone tower data fiduciary rule delay Schaumburg real estate lawyer surgical mistakes workers compensation insurance claim delay Illinois trucking safety denial of life insurance products liability workers comp revenge porn swimming pools murder Barrington real estate lawyer Des Plaines civil attorney car collision Super Mario personal injury claim Illinois Sales Representative Act Arlington Heights employment law attorneys personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys dram shop law Buffalo Grove injury lawyer Des Plaines personal injury attorney caregiver Buffalo Grove life insurance attorney homestead rights Fourth of July advance healthcare directive lapse in policy estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, internet estate attorney personal injury accidents beneficiary complications Barrington Illinois estate planning lawyer life insurance policy Illinois insurance claim dispute lawyer owner responsibility Chicago estate planning criminal defense special needs trust Crystal Lake car accident lawyer Rolling Meadows Traffic Lawyer Barrington personal injury lawyer fatal car accidents Rolling Meadows tax attorney Palatine employment law lawyer crossover accidents Chicago insurance law firm Illinois insurance claims lawyers Deer Park accident attorney Long Grove real estate attorney Illinois law South Barrington real estate attorney wrongful death trench injuries Schaumburg probate attorney breach of contract Riverwoods estate planning lawyer Illinois Human Rights Act Family Medical Leave Act traffic violations compensatory time manufacturing traffic crimes Buffalo Grove personal injury attorney Illinois personal injury distracted driving accident victims Illinois pedestrian accident attorney School Visitation Rights Act DUI Illinois insurance dispute lawyers auto accidents agent Barrington attorney eluding a police officer sexual harassment income distribution deducation Palatine business attorney Illinois estate planning law firm Arlington Heights employment attorney golf accidents Arlington Heights personal injury lawyer Des Plaines criminal attorney texting and driving Barrington employment law firm truck collisions Illinois injury lawyer drunk driving statistics Schaumburg criminal law attorney Schaumburg estate planning attorney Rolling Meadows real estate attorney Mount Prospect real estate lawyer Arlington Heights wills and trusts lawyer denial of insurance claim license reinstatement insurance claim denial Rolling Meadows insurance dispute lawyers cause-of-death exclusions meal breaks traffic violations defense Palatine corporate attorney Inverness probate lawyer Inverness traffic law firm Self-Directed IRA Accounts new real estate form Palatine traffic accidents Barrington estate planning attorney medical malpractice compensation uninsured motorist car crash Deer Park traffic accident attorney insurance agent negligence changes to mortgage law Deer Park traffic lawyer attorney fees Rolling Meadows criminal lawyer controlled substance POA Des Plaines injury law firm liability claims federal crimes Schaumburg estate planning lawyer Mount Prospect wills and trusts lawyers ObamaCare child safety trustee Barrington drug crime attorney speeding employee misclassification modern family estate planning Rolling Meadows probate lawyer Illinois employment law attorneys Class A misdemeanor privacy laws Schaumburg estate attorney liens fault based insurance Rolling Meadows criminal attorney paid sick leave Illinois boating accident lawyer preventable medical errors Illinois wills and trusts attorneys Arlington Heights trucking lawyer Illinois car accident attorney probate process Arlington Heights tax lawyer Long Grove estate planning attorneys Crystal Lake employment attorney expungement digital information vacation home fines automated cars problem employees traffic tickets driving Crystal Lake business law attorneys insurance attorney Mount Prospect elder law attorney real estate attorneys Schaumburg wrongful death attorney personal injury claims Employment Discrimination Law Palatine employment lawyer Palatine law firm Illinois probate lawyer suspended license boating DUI consent to a search Chicago corporate attorney Kenilworth estate planning attorney FSLA Rolling Meadows insurance dispute lawyers, insurance dispute residential real estate Inverness corporate attorney insurance claim dispute drugs commercial real estate Rolling Meadows accident lawyer life insurance lawyer loss of consortium Illinois Probate Act of 1975 Crystal Lake medical malpractice lawyer Arlington Heights insurance attorney hands free device preventing accidents institutional trustee real estate contract pet bites traumatic brain injuries Crystal Lake injury attorney forming a corporation in Illinois deadly crashes Chicago employment lawyer medical marijuana Illinois traffic laws Chicago biking tips Illinois will lawyer Arlington Heights Attorney Illinois employment attorneys blood alcohol content Deer Park personal injury lawyer commercial leasing employee discrimination Illinois personal injury lawyer underage DUI job lawyers subcontractor Illinois criminal defense attorney Crystal Lake insurance lawyer comparative negligence involuntary manslaughter landlord

Archive