Category Archives for "Legal Corner"

Partnership disputes are one of the most common types of business disputes. Many times a partner suspects another of diverting funds, planning to steal clients and start a competing business, or they are just not carrying their weight. These disputes can cost the business profits and may even result in dissolution. A strong partnership agreement is the key to avoiding and addressing any disputes that may arise. “Do it yourself” business forms and legal website canned agreements will cost you more money in the long run. You can count on that. Having an experienced Chicago partnership dispute lawyer represent your interests is essential to protect your business investment. Discussions with a business law attorney will enable the partners of have a very clear understanding of their rights and duties moving forward and will ensure all legal documents are prepared in accordance with state laws.

Types of Partnership Disputes

Violations of Non-Compete Agreements

Non-compete agreements are also referred to as restrictive covenant agreements They attempt to prohibit business associates and members from using knowledge obtained from the business and unfairly using it to compete with the business.  Although enforceable, they cannot be too broad and should be limited in time and geographic area.

Ownership Interest Rights

All interests in a company are not equal. Some partners have a lesser interest or are “Limited Partners.” Those that do not own the larger share of the company are also referred to as minority partners. Sometimes the larger partner breaches his fiduciary duties to the minority partners or simply wants to dissolve the partnership, and vice-versa.

Breach of Fiduciary Duty

A fiduciary duty is a duty imposed by law that one partner or officer owes to another. There are many ways to breach a fiduciary duty but the most prevalent is misappropriating or stealing funds. Another example would be actions or inaction that negatively affects the business entity.

Breach of Contract

The contract between the owners and members of a partnership (and its interpretation) is the most common partnership dispute. When the agreement is not followed strictly, litigation about the agreement typically ensues.

Financial Rights

Absent a thorough written agreement concerning how profits and liabilities are to be handled, as well as an incoming or leaving partner, costly executive level problems will result. At the very beginning of a partnership, all anticipated problems should be addressed, as well as a process by which to handle disputes.

Partnership Agreements, Dissolution, and Disputes

All of the above can be addressed and outlined in a properly drafted partnership agreement document. However, if a party has already breached the partnership agreement, or the parties want to dissolve the partnership, an experienced business partnership attorney can properly prepare you for arbitration, mediation, or litigation. McNamara Legal is an Chicago commercial litigation firm well versed in the Illinois Uniform Partnership Act with decades of experience in business law. Call or contact McNamara Legal today to schedule a free consultation and learn how we can help.

Determining Negligence in Personal Injury Cases

Most personal injury cases require the plaintiff  to prove negligence on the part of the defendant.  What is negligence? Negligence is essentially the failure to exercise reasonable care.  In order to prove negligence, certain “elements” of the claim must be proven. First, the plaintiff must show there was a duty of care on the part of the defendant. Second, that duty of care must have been breached. Third, the defendant’s conduct must be the proximate cause of the injury. Last, the injured party must prove damages as a result of the defendant’s action or inaction.

Breach of Duty of Care

A breach of duty of care is the failure of the defendant to fulfill a duty that was owed in the situation that caused injury or death. A breach could be a failure to act, or an action that was unreasonable or unlawful given the circumstances (i.e. running a red light, a distracted driver, or a Dr. prescribing the wrong medication).

Proximate Cause

An injured party must prove that the defendant’s breach of duty of care was the proximate (immediate) cause of the injury.

Types of Damages in a Personal Injury Case

A Plaintiff must provide evidence of the type of injuries sustained and the extent of those injuries, as well as any financial losses, since the purpose of a claim is to obtain compensation. Types of Damages include medical bills, lost wages, pain and suffering, emotional distress, and lost future earning capacity.

Comparative Damages - What If You are Partially At Fault?

Even if you are partially at fault for an injury or accident, you may be able to recover. Sometimes both the plaintiff and defendant are partially at fault. In that instance, Illinois and Indiana, a plaintiff can recover damages so long as the plaintiff is no more than 50% at fault.  In other words, if the plaintiff is found to be 51% or more at fault, recovery is completely barred.

What Should I Do (Or Not) After An Auto Accident in 2020?

Do not apologize for anything or say, “I’m sorry” at the scene.  Sometimes you may think you are at fault but you are unaware of some other factors that actually caused or contributed to the collision. Ask if anyone is hurt.  If so, call 911.  Do not leave the scene if someone is claiming that they are physically injured.  Write down the names and numbers of any witnesses. Exchange insurance information and identification.  Write down the other vehicle’s license plate. Hire an experienced attorney immediately (personal injury attorneys charge a percentage of the recovery, so it won’t cost you anything) and do not let any insurance company take a recorded statement of you. Order a copy of the police report as soon as possible because your attorney will want to see the report. Gather and organize all medical bills as they accrue.

How Insurance Companies Investigate A Claim

Typically, the most important factor an insurance company assesses is the police report since it is prepared by an unbiased police officer after interviewing the witnesses and parties involved at the scene. If you gave a recorded statement, an insurance company will also try to use those statements against you, or any other statements you made at the scene of the accident. 

Chicago Personal Injury Lawyers

McNamara Legal has practiced personal injury law for over twenty years. We are based on Chicago and also serve Indiana.  We’ve earned a reputation for aggressive advocacy for those who have been killed or injured in a vehicle accident.  To obtain the compensation you deserve, seek confidential legal advice immediately from McNamara Legal Chicago, Illinois (click here).