Chicago Personal Injury Lawyer Daniel M. Kotin Elected to the American Board … – Benzinga
Chicago Personal Injury Lawyer Daniel M. Kotin Elected to the American Board …BenzingaChicago personal injury lawyer Daniel M. Kotin obtained his J.D. from Loyola University Chicago School of Law and obtained his B.A. from Boston College. He concentrates his legal practice in personal injury, wrongful death, and medical malpractice.and more »
“I am Calling My Lawyer” (Chicago’s Personal Injury Attorneys) Launch … – Press Release Rocket
“I am Calling My Lawyer” (Chicago’s Personal Injury Attorneys) Launch …Press Release Rocket
ICML feel that everyone who is looking for a a personal injury attorney in Chicago should have passionate, experienced help. ICML fight for you and your best interest, and to prove it to you, ICML have instilled the policy of, If you don’t get paid …
Detective’s recommended firing owes to public pressure, his attorney says – WBEZ
Detective’s recommended firing owes to public pressure, his attorney saysWBEZ
A Chicago agency’s recommendation to fire a detective who fatally shot an unarmed African-American woman stems from “public pressure,” not the evidence, his lawyer says. Independent Police Review Authority officials arrived at the recommendation …and more »
Damages Available in Illinois Wrongful Birth Vs. Wrongful Death …
Illinois recognizes a cause of action based on “wrongful birth.” However, Illinois personal injury attorneys must be aware that the types of damages available in wrongful birth actions are typically less than in wrongful death actions.
The seminal case dealing with wrongful birth actions is Siemieniec v. Lutheran General Hosp., 117 Ill. 2d 230 (Ill. 1987). In Siemieniec, the parents of a child born with hemophilia sought to recover damages on the basis that they would have aborted the child had the defendants provided an accurate genetic diagnosis.
The Illinois Supreme Court defined “wrongful birth” as a claim for relief of “parents who allege they would have avoided conception or terminated the pregnancy by abortion but for the negligence of those charged with prenatal testing, genetic prognosticating, or counseling parents as to the likelihood of giving birth to a physically or mentally impaired child.” 117 Ill. 2d at 235.
In discussing “what elements of damages may be recovered by the parents” in wrongful birth actions, the Court first noted the “general rule” of damages in tort actions — that the wrongdoer is liable for all injuries resulting directly from the wrongful acts, provided that the damages are the “legal and natural consequences of the wrongful act” and “might reasonably have been anticipated.” However, the Court noted that “few if any jurisdictions appear ready to apply this traditional rule of damages with full vigor in wrongful birth cases.” Id. at 259.
Rather, the Supreme Court held that parents in wrongful birth actions may only recover the “extraordinary expenses – medical, hospital, institutional, educational and otherwise – which are necessary to properly manage and treat the congenital or genetic disorder.” Id. at 260; see also Goldberg v. Ruskin, 128 Ill. App. 3d 1029, 1039 (3d Dist. 1984) (holding that plaintiffs in wrongful birth action may recover “medical and other expenses reasonably necessary for the care and treatment of the impairment”). Such extraordinary expenses relate to the care and treatment of the afflicted child, and “do not include the expenses associated with the raising of a normal, healthy child.” Id. at 259; see also Cockrum v. Baumgartner, 85 Ill. 2d 193 (Ill. 1983).
Furthermore, the Court held that parents failed to state a cause of action for negligent infliction of emotional distress. The Court applied the Illinois “zone-of-danger rule” to bar recovery of such damages. In doing so, the Court “likened the parents to bystanders who were witnessing the effects of the hemophilia on their child” and suffered emotional distress as a consequence. Corgan v. Muehling, 143 Ill. 2d 296, 305 (ill. 1991).
Under the zone-of-danger rule, “before a plaintiff can recover for negligently caused emotional distress, he must have himself, been endangered by the negligence, and he must have suffered physical injury or illness as a result of the emotional distress caused by the defendant’s negligence.” Siemieniec, 117 Ill. 2d at 261. Because there were no allegations that the defendants’ alleged negligence (in failing to diagnose and inform the parents of a genetic defect in the fetus) in any way endangered the parents of the impaired child, the Court barred recovery for emotional damages.
The zone-of-danger rule does not apply to “direct” victims of negligent infliction of emotional distress. See Corgan, 143 Ill. 2d at 306. However, Siemieniec makes it difficult, if not impossible, for parents to claim they are direct victims, rather than mere bystanders. Id. (“Siemieniec, therefore, simply applied the zone-of-danger rule to a bystander case, as the parents suffered emotional distress because of their child’s disease”).
This is not to say that top-ranked Chicago personal injury lawyers should not pursue wrongful birth actions on behalf of their clients. In wrongful birth cases where a child is born with severe genetic defects and requires significant medical care and treatment over the course of his or her life, Illinois law provides for the recovery of those “extraordinary expenses,” which may be significant. Courts may even permit recovery of those expenses incurred “after the child has reached the age of majority.” See Siemieniec, 117 Ill. 2d at 260.
However, cases where a child is “wrongfully” born and, because of the genetic defect, dies shortly after delivery, seem to allow for minimal damages recovery. In such cases, any “extraordinary” costs of raising the afflicted child are minimal. Furthermore, parents are precluded from recovering emotional damages as a result of the wrongful birth.
Is it Illegal to Own a Pet Raccoon in Chicago?
The common domestic pets we are accustomed to seeing in a person’s house are typically dogs, cats, small breed reptiles, maybe a few hamsters here and there, or some goldfish. On the other hand, there are people in this world who like to step outside of the box by adopting an exotic pet in place of the stereotypical four-legged furry friend.This choice and alternative to pet ownership is perfectly fine, depending on the state you live in. When we examine the state of Illinois, there are in fact certain laws and regulations surrounding exotic pet ownership. Before you or a loved one decide to adopt a pet raccoon or kit, be sure to educate yourself on all the legal boundaries concerning raccoons and pet possession.
Illinois Pet Raccoon Regulations
The short answer to the question, “Is it illegal to own a pet raccoon in Illinois?” is no. However, there are several prerequisites and requirements that one must meet in order to adopt a pet raccoon, or a baby raccoon called a kit. One must obtain a legal permit, state approval, and pay annual fees in order to possess a raccoon. The Illinois wildlife possession laws vary in many ways depending on the intended use of the animal. The state wants to know if a person intends to use the animal for commercial use or non-commercial use. This means, “Are you going to sell the raccoon, breed the raccoon and sell the kits, or keep it as a pet?” Different permits are required and assigned for the different intended uses of a raccoon.
If a person’s intentions are merely non-commercial, they will need a Furbearing Mammal Breeder/Possession Permit. There are two classes for this permit: Class A, and Class B. For those who wish to keep protected wildlife for non-commercial use, they will need a Class A permit. For those who intend to use protected animals for commercial purposes, they will need a Class B permit. The fee for a Class A permit is only $10, and then $25 annually. Again, it is only intended for those who keep a raccoon solely as a pet. Class B permits are $20 and $25 annually. Class B allows a person to breed and sell protected wildlife.
Another stipulation to the Illinois Furbearing Mammal Possession Law is that a person must purchase or obtain a pet raccoon from a licensed breeder only. They must file and receive their legal permit before purchasing or adopting a pet raccoon. People are not allowed to catch, trap, or take a wild raccoon from nature and keep it as a pet. They will not be approved for any exotic animal possession permits. It is strictly forbidden. A person must adopt a raccoon from a licensed raccoon breeder; and they must file and receive a legal permit before doing so. If these rules are not followed, then the law is being broken in Illinois.
If you find an injured or stranded raccoon in your yard, never attempt to touch it or pick it up. Unfortunately, wild animals such as raccoons can carry diseases that can be harmful to you and your pets. You never know what raccoon can be aggressive, scared, and potentially attack. One bite can pass on various contagious illnesses and diseases. If you ever find or have raccoons in your yard, call a professional Chicago Raccoon Removal technician right away.
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