6 Common Accidents That Could Lead to a Successful Personal Injury Claim

Personal injury law covers a wide range of circumstances where someone else’s negligence or wrongdoing causes harm. Here’s how to tell if you might have a valid claim.

personal injury cases

If you have been hurt in an accident, you might have legal grounds for a personal injury case, even if you don’t realize it. Personal injury law actually covers a wide range of circumstances where someone else’s negligence or wrongdoing causes harm. If you’ve been injured, even in a situation that might not seem obvious, you could have a valid claim.

Common Scenarios That Might Be a Personal Injury Case

You may be surprised by the wide range of situations that can lead to a personal injury claim. Here are a few real-world examples of common accidents that might get you thinking about your own case:

  • Car accident: You were rear-ended at a stop sign. The damage to your car seems minimal, but a few days later, you start experiencing persistent neck pain. You might think it’s not a big deal, but that minor pain could be whiplash, a serious injury that often requires extensive physical therapy and medical care. The other driver’s insurance company may not cover these costs without legal intervention.
  • Slips and falls: You’re shopping at the grocery store, and you slip and fall on a wet floor that wasn’t marked with a warning sign. You twisted your ankle and now face medical bills and time off work. This could be a liability case, where the store had a duty to maintain a safe environment and failed to do so.
  • Product liability: You bought a new appliance that seemed perfectly safe, but it malfunctioned and caused a serious burn. You followed all the instructions, but the product’s design or a manufacturing defect made it dangerous. This could be a product liability case, where the manufacturer or seller can be held responsible for the harm their product caused.
  • Construction accidents: You are walking past a construction site when a piece of debris falls and hits you, causing a head injury. While there may be workers’ compensation for employees, you may have a personal injury claim against the construction company for its negligence in keeping the public safe.
  • Medical malpractice: You go to the doctor complaining of shortness of breath, cough and chest pain. The doctor does a quick exam and dismisses it as a simple case of bronchitis, without ordering any additional tests or x-rays. Months later, after worsening symptoms, a second opinion and appropriate testing reveals an advanced stage of lung cancer. This delayed diagnosis results in fewer treatment options, higher medical bills, and a shorter life expectancy, all of which contribute to a strong case for a personal injury claim.
  • Nursing home abuse or neglect: Your father is a resident in a nursing home. Due to his limited mobility, he requires staff to move him around frequently. While visiting one day, you notice deep bedsores that have become infected, requiring him to be hospitalized. The negligence of the staff to provide appropriate care for your father has led to increased medical bills, pain and suffering and a worsened health condition, and should be considered as a case for a personal injury claim.

Getting Legal Assistance for your Personal Injury Case

A personal injury case involves proving that harm was caused by the careless, reckless, or intentional actions of another party. These cases often center on recovering compensation for medical bills, lost wages, pain and suffering, or other damages caused by the injury. Working with the right attorney can be the key to achieving the most successful settlement terms as quickly as possible. Reach out to our team at 847-223-1500 and we can evaluate your case and help you get the support you deserve.

A Legal Guide to Filing a Mechanic’s Lien for Unpaid Debt

mechanic's lien attorney

When a contractor, subcontractor, or supplier performs work or provides materials for a construction project, they deserve to be paid – and a mechanic’s lien is often required. Unfortunately, payment disputes are not uncommon in the construction industry. Imagine you’ve dedicated your skills, time, and materials into a construction or repair project, holding up your end of the bargain, but payment is slow in coming, or worse, doesn’t come at all. This situation can be incredibly frustrating and can significantly impact the financial health of your business.

When payments are delayed or withheld, a mechanic’s lien can be a powerful legal tool to help collect what is owed. But navigating the mechanic’s lien process can be complex – especially when strict deadlines and legal technicalities come into play. That’s where a knowledgeable attorney becomes essential.

Why a Mechanic’s Lien can be so Important

A mechanic’s lien is a legal claim filed against a property by someone who has supplied labor or materials for improvements to that property and has not been paid. The lien essentially acts as a form of collateral, tying the unpaid debt to the property itself. If the debt remains unpaid, the lien can eventually lead to foreclosure proceedings, forcing the sale of the property to satisfy the claim. For those in the construction and contracting industries, a mechanic’s lien is a vital tool for securing payment for what they have invested, such as materials, time or expertise, and providing the leverage to pursue legal action if necessary.

The Legal Process of Filing a Mechanic’s Lien

Mechanic’s lien laws generally involve several strict steps and deadlines:

  1. Preliminary Notice – Contractors or suppliers must first provide a preliminary notice to the property owner that they are working on the project and may file a lien if unpaid.
  2. Filing the Lien – If payment is not received, a lien must be filed with the appropriate county recorder’s office within a specified period (often 60 – 120 days after last providing labor or materials).
  3. Notifying the Owner – The party filing the lien typically must also serve notice of the lien on the property owner within a short time after filing.
  4. Enforcing the Lien – If the lien is not voluntarily satisfied, the claimant must file a lawsuit to enforce it within a limited window (usually one year or less). Failure to act within the deadline can void the lien.

Each of these steps must be followed exactly as outlined by law. Mistakes, such as missing a deadline or failing to include required information, can render a lien invalid.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd

Filing a mechanic’s lien isn’t just about submitting a form – it’s a legal action with serious consequences for all parties involved. Our attorneys have vast experience in this area and can help by:

  • Ensuring compliance and making sure all procedural requirements are met and all deadlines are tracked.
  • Protecting your rights by providing proper representation, whether you’re a contractor looking to get paid or a property owner disputing a lien.
  • Negotiating settlements or helping to resolve payment disputes before they escalate, thereby avoiding lengthy litigation.
  • Litigating when necessary, if court action is needed to enforce or defend against a lien.

When it comes to mechanic’s liens, it is imperative to work with a skilled attorney who understands the intricacies of construction law. Contact us at 847-223-1500 to request a consultation.

Appealing a Property Assessment Can Strategically Lower Taxes

If the value of your property is assessed too high, appealing can save you hundreds, or even thousands, of dollars each year. Our experienced attorneys can help appeal your assessment in order to reduce your tax bill. Find more information here.

property assessment appeal

Property owners in Lake County, IL can expect to receive their property assessment notifications very soon (if you have not already). When the notice arrives, tossing it to the side with the intent to get to it later can turn out to be a costly mistake, as time is of the essence if you want to appeal. Understanding what an assessed value is and how it affects your property taxes is essential. And if the value of your property is assessed too high, appealing can save you hundreds, or even thousands, of dollars each year.

What is an Assessed Value?

The assessed value of your property that will be shown on the notification is not the full market value. Rather, to calculate the assessed value, the assessor’s office will look at the fair market value of the property, and then take a percentage of that number to determine the assessed value. Generally, that number is 33 1/3%. So, for example, if the fair market value of your home is $300,000, the assessed value should be approximately $100,000.

Why it’s Important That the Assessed Value is Accurate

The main reason that it’s essential to verify the assessed value is that this is the number that the assessor’s office uses to determine the amount of property taxes you will be required to pay. If the assessed value is too high, your property tax bill will be higher than it needs to be. This number is NOT always accurate! If you believe the value seems higher than it should be, acting quickly is essential. The information on the notification is time-sensitive. Once the appeal window closes, you lose your opportunity to challenge the value for that tax year.

Appealing the Assessed Value of your Property

If you believe your property’s assessed value is too high, you have the right to file an appeal. In fact, many homeowners do, and many appeals are successful. To build a strong appeal, you’ll need to provide evidence such as:

  • Recent sales of comparable homes (called “comps”)
  • A professional appraisal
  • Proof of incorrect property data (e.g., square footage, number of bathrooms)

But gathering the right evidence and presenting a persuasive argument can be more complicated than it seems. That’s where legal help becomes a major asset.

Working With Churchill, Quinn, Hamilton & Van Donselaar, Ltd for a Successful Appeal

It is certainly possible to file an appeal on your own. However, working with our experienced team does offer a number of benefits.

  • Legal Expertise – We understand the nuances of Illinois property tax law, deadlines, and procedures and we know how to navigate the system effectively.
  • Accurate Property Valuation – We can help verify the information that the assessor used when determining the value of your home, ensuring that they used the correct lot size, house age, room count for bedrooms and bathrooms, or anything else that might affect the value. We also make sure they compared your house to similar homes based on size, age, etc.
  • The Ability to Present a Stronger Case – There are many details to consider during the appeal process and even if you present a good case, the assessor does not have to agree with you. In fact, they will often do their best to defend their original estimate. We know how to build a comprehensive appeal that includes the right documentation, detailed analysis, and legal arguments tailored to your case.

Our attorneys have an extremely high success rate when it comes to helping our clients save money on their property tax bills.  We will provide a free initial evaluation to determine if an appeal is warranted – and will not charge any fee unless we successfully reduce your taxes.  Contact us at 847-223-1500 to learn more or to schedule your consultation.

Grayslake SummerFest 2025 is an Epic Celebration of Summer

We are proud sponsors of the 2025 Grayslake SummerFest – find event details here!

Grayslake Summerfest 2025

For over 30 years, Grayslake SummerFest has been one of the highlights of the season for Grayslake and area residents. Formerly known as Grayslake Summer Days, this event has everything you could want in a summertime outing. That’s why Churchill, Quinn, Hamilton & Van Donselaar, Ltd is always proud to be a sponsor. This year, we are sponsoring the bingo tent – we hope you have great luck, whether it’s 4 corners, 5 in a row or the thrilling coverall!

SummerFest Event Details

Dates:   August 15, 2025  5:00pm – 11:00pm

August 16, 2025  4:30pm – 11:00pm

Location: 10 S. Seymour Ave, in Downtown Grayslake, IL

Admission: FREE to attend! No outside food or drinks will be allowed.

SummerFest Highlights

As usual, Grayslake SummerFest promises to be an unforgettable FREE event with live music, food trucks, community fun, a parade, drinks, bingo, and more! Also, THE DEN is back – perfect for photo ops, lounging, and socializing! Find more details at https://grayslakechamber.com/event/grayslake-summer-fest-2025/2025-08-15/

Music Schedule

The entertainment is top-notch this year so come out to enjoy as many acts as possible.

Friday, August 15

5pm – Fest opens

Simply Elton (Elton John tribute band)

7pm – Battle of the Bands Winner (from the Grayslake Summer Nights competition)

8pm – Southern Accents (Tribute to Tom Petty)

Saturday, August 16

4:30pm – Parade

5:30pm – School of Rock (Libertyville)

7pm – Boy Band Review (Tribute to BSB, NSYNC, 1D, Jonas Bros)

9:30pm – Hairbangers Ball (80s hair metal tribute band)

Community Fun Sponsored by a Long-Standing Community Member

Grayslake SummerFest is always an incredible event and this year promises to continue that tradition. The jam-packed event is appropriate for all ages and features something for everyone! Churchill, Quinn, Hamilton & Van Donselaar, Ltd. has been a proud staple of our community for over 125 years. We understand the value of community involvement and public service and we happily support and sponsor local events like these whenever possible.

As an integral part of the Grayslake community, we are well-known for providing honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

Bring on the Bands at the Exciting 2025 Grayslake Summer Nights Event

Grayslake Summer Nights bands

Summer is the best time to take part in outdoor community events, especially those that combine bands, food, beer and FUN! Grayslake Summer Nights is a highly-anticipated annual event for music lovers that provides 2 stages of live entertainment with an array of exciting bands and musical acts performing throughout the night. Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is proud to sponsor this great event that brings the community together to support local bands and celebrate some really amazing talent as they battle it out to become this year’s champion.

Event Details

Date: Saturday, July 26, 2025

Time: 5:00pm – 11:00pm

Location: Center Street between Slusser& Seymour in historic Downtown Grayslake

Cost: FREE!

Find more details at: https://grayslakevillagecenter.com/event-calendar/grayslake-summer-nights-2025

Battle of the Bands Lineup

Double the stages mean double the bands and twice the fun! Here is the tentative schedule for each stage:

City Chevy Stage (West Stage)

5pm – School of Rock – Libertyville

6:30pm – Sweet Heet

7:30pm – TBD

8:30pm – Poison Lips

9:30pm – remEMOries Band

B&W Nano Stage (East Stage)

6pm – Mourning Star

7pm – Wheel of Giants

8pm – The Orchids

9pm – Steady Ahead

10pm – Last Call Legend

Grayslake Summer Nights Brings the Fun Every Year

Summer in Grayslake truly isn’t complete without the electrifying performances of these great local bands as they compete for the top prize. This year, it’s $1,000 plus the opportunity to perform at the Grayslake SummerFest event on August 15th, 2025. Along with the bands, the event offers great food and drinks from fantastic vendors and the chance to make fun memories with family and friends.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we proudly support our community by sponsoring activities like these that bring friends and neighbors together to cheer on local talent. In fact, for over 125 years, Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

It’s Time to Hit the Greens at the Exciting Grayslake Chamber Golf Outing!

Find important details about the 2025 Grayslake Chamber Golf Outing here!

Grayslake Chamber Golf Outing

Calling all golf enthusiasts, business leaders, and community champions! Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is a proud sponsor of the 55th Annual Grayslake Chamber Golf Outing and we are thrilled to invite you to join in this always-anticipated event that brings together fun, friendly competition, and fantastic networking opportunities. Mark your calendars for Thursday, August 7, 2025, and get ready to hit the greens at the stunning Stonewall Orchard Golf Club!

Why You Can’t Miss This Event

Whether you’re a seasoned golfer or just looking for a great day out, this event is for you! Here’s what you can look forward to:

  • 4-Player Best Ball Scramble: Gather your friends, colleagues, or clients for a team-based format that’s fun for all skill levels.
  • Beautiful Venue: Experience one of the area’s premier courses – Stonewall Orchard Golf Club – known for its scenic views and challenging layout.
  • All-Inclusive Experience: For just $175 per golfer, your day includes a delicious lunch, 18 holes of golf, and a celebratory dinner.
  • Dinner Mixer Option: Not a golfer? No problem! Join us for the dinner mixer for only $50 and enjoy great food and networking.

Golf Outing Details at a Glance

Date: Thursday, August 7, 2025

Location: Stonewall Orchard Golf Club

Format: 4-Player Best Ball Scramble

Schedule:

  • 12:00 PM:Lunch & Registration
  • 1:00 PM:Shotgun Start

Cost:

  • $175 (Lunch, Golf, Dinner)
  • $50 (Dinner Mixer Only)

Registration Deadline: August 1, 2025 – Spots fill up fast—don’t wait!

Secure Your Spot Today!

The Grayslake Chamber Golf Outing is always an extremely popular event, so don’t delay! Secure your team’s place by registering online at the chamber website at grayslakechamber.com, over the phone at 847-223-6888 or mailing a check to Grayslake Area Chamber of Commerce, PO Box 167, Grayslake, IL 60030. Whether you’re aiming for the trophy or just a great day with friends, this is one summer tradition you don’t want to miss.

 

For over 125 years, Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

 

Don’t Risk Leaving for College Without These 5 Legal Documents

Discover the most important legal documents every college-bound student should have, and why working with an experienced attorney is so much better than relying on generic online forms.

college legal documents

Sending a child off to college is an exciting time in life, but it also marks a legal turning point – once your child turns 18, they are considered an adult in the eyes of the law. This means parents lose their automatic rights to access medical, financial, and even academic information unless certain legal documents are in place. Without these documents, you may be powerless to help your child in an emergency or even discuss their health or academic status with professionals.

Below are the most important legal documents every college-bound student should have, and why working with an experienced attorney is so much better than relying on generic online forms.

Key Legal Documents Every College Student Needs

  1. Medical Power of Attorney (Health Care Proxy) – This document allows your child to appoint someone – usually a parent or trusted adult – to make medical decisions on their behalf if they are unable to do so. Without it, you may not be able to access their medical records or speak with doctors during a health crisis due to privacy laws like HIPAA.
  1. HIPAA Authorization Form – HIPAA laws protect a person’s private medical information. A HIPAA release form allows healthcare providers to share information with the individuals your student names – usually their parents. Without this document, even in an emergency, doctors may not be able to tell you anything about your child’s condition.
  1. Durable Power of Attorney (Financial) – If your child becomes incapacitated, this form gives a designated person the authority to handle financial matters on their behalf, like managing a bank account, signing a lease, or dealing with tuition or insurance issues.
  1. FERPA Release Form – Just because you pay their college tuition, it does not automatically give you the right to access educational information. This is due to The Family Educational Rights and Privacy Act (FERPA) which protects your child’s education records. With a FERPA release form, your student can give you permission to access grades, disciplinary records, or financial aid information if needed.
  1. Living Will – This important document protects your child in the event that they become unable to communicate their wishes for medical treatment. The living will details their decisions regarding specific treatments and procedures, including decisions about CPR, ventilators and other life-sustaining measures.

Our Experience Will Protect your College Student More Comprehensively than Online Forms Would

Online legal forms are available, and may seem convenient and affordable. However, they come with significant risks when it comes to your child’s health and safety. Some risks that you assume when using online forms include:

  • Compliance issues – Online forms may not comply with specific state laws, which can render them invalid or unenforceable.
  • Incomplete protection – Generic forms often miss important clauses or fail to address unique family circumstances, which can leave dangerous gaps in coverage.
  • Execution errors – Mistakes in signing, witnessing or notarizing documents can make the forms invalid.

Working with one of our experienced attorneys to have these important legal forms completed can provide the essential coverage your family needs when your child heads off to college and can provide important benefits such as:

  • Ensuring all documents are valid and enforceable according to state law
  • Providing valuable advice to tailor the documents to address your unique specifications and family needs
  • Preventing costly mistakes and legal complications during critical times
  • Providing peace of mind that your child has the legal protection they need when they are on their own, and knowing that you can help in case of an emergency.

Reach out soon at 847-223-1500 to make sure you get these forms completed before they head off on their new college adventures!

2025 Grayslake Craft Beer Fest: Sips for Scholarships Supports Local Students

Grayslake Craft Beer Fest

Beer lovers, mark your calendars – one of the premier craft beer festivals in the area is back! The Grayslake Sips for Scholarships Craft Beer Festival is returning with all the food, entertainment and, of course, BEER, that you look forward to each year. This event is brought to you by the Exchange Club of Grayslake and the Grayslake Chamber of Commerce – and Churchill, Quinn, Hamilton & Van Donselaar, Ltd. is once again a proud sponsor.

Craft Beer Fest Event Information

Date: Saturday, June 14, 2025

Time: 12:00PM – 5:00PM

Location: Grayslake Festival Grounds

33 S. Whitney St., Grayslake, Illinois, 60030

Age Requirement: This event is 21+ ONLY and will be strictly enforced. No children, strollers or pets are allowed.

What to Expect

This festival is a true celebration of local and regional craft brewing talent and features an impressive selection of craft beers, classic ales, lagers, stouts, and more from over 50 of the region’s finest brewers. Whether you’re a dedicated craft beer connoisseur or simply looking to explore new flavors, there’s something for everyone.

  • Regular Admission includes craft beer samples, a commemorative glass, a festival program, and access to live entertainment and food vendors from 1PM – 5PM.
  • VIP Admission gets you early access to the festival at Noon, samples of craft beer, a commemorative glass and program, and use of a special VIP lounge area with free appetizers and a separate restroom.

Secure your tickets early for discount pricing! Choose your tickets here: https://events.beerfests.com/e/grayslakebeerfest/tickets

Supporting a Worthy Cause

Not only is this event a super fun way to spend an afternoon, but the net proceeds of the event support scholarships to Grayslake students. This is a staple of the event and one of the biggest reasons we look forward to sponsoring it each year. Last year $28,000 was awarded to the community due the event and we hope that amount just continues to grow. Come on out and help support our students!

For over 125 years, Churchill, Quinn, Hamilton & Van Donselaar, Ltd has been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources.

 

5 Essential Components of Residential Real Estate Contract Negotiations

Here are some key elements you should pay attention to during contract negotiations and why working with a real estate attorney is a smart move.

real estate contracts

Buying or selling a home is often one of the biggest financial decisions a person will make, so real estate transactions should be navigated carefully. Negotiating the terms of the contract is one of the most critical stages of any real estate deal. Here are some key elements you should pay attention to during contract negotiations and why working with a real estate attorney is a smart move.

Purchase Price and Earnest Money

Perhaps the most obvious term in a real estate contract is the purchase price, but that is just the beginning. For example, buyers often include earnest money deposits as a show of good faith. The contract should clearly state the minimum acceptable amount, as well as what happens to those funds if the deal falls through. Negotiating these terms upfront helps prevent surprises later.

Contingencies in the Real Estate Contract

Contingencies give buyers and sellers a legal way out of the contract under certain conditions. Common contingencies include:

  • Financing Contingency – Protects the buyer if they’re unable to secure a mortgage.
  • Inspection Contingency – Allows a buyer to back out or renegotiate based on the results of a home inspection.
  • Appraisal Contingency – Gives the buyer the right to cancel without penalty if the home appraises for less than the agreed price.
  • Home Sale Contingency – Allows buyers the opportunity to withdraw from the contract if they cannot sell their current home within a specified time period.

Negotiating the timelines and conditions of these contingencies is crucial to keeping the deal fair and balanced for both parties.

Closing Date and Possession Terms

The closing date isn’t just about when money changes hands. It also determines when the buyer takes legal ownership of the property. Possession may be the same day, or delayed depending on the seller’s needs. All of this should be clearly laid out in the real estate contract to avoid confusion or last-minute disputes.

Included and Excluded Items

What stays and what goes must be clearly defined in the contract to avoid any confusion. For example, light fixtures, appliances and window treatments may seem like they come with the home, but unless they’re specified in the contract, they might not. Negotiating the list of included items upfront ensures everyone is on the same page at closing.

Repairs and Credits

After the inspection, buyers may request repairs or a credit to address certain issues. This can turn into a new round of negotiations. A well-drafted real estate contract will outline how repair requests should be handled and whether the seller must complete them before closing or provide a credit instead.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for your Real Estate Transaction

Real estate agents might understand pricing, marketing, and even some negotiation strategy, but they are not licensed to give legal advice. That’s where one of our expert real estate attorneys becomes invaluable. Here’s why:

  • Legal Protection – We understand the legal language and implications of each clause in the contract. We can spot red flags and help protect your interests.
  • Customized Advice – Unlike pre-filled forms, our attorneys can draft or modify terms to fit your unique situation.
  • Closing Support – We can help review or prepare closing documents, explain settlement statements, and ensure that title and ownership issues are resolved.
  • Problem-Solving – If any issues arise, like title defects, zoning questions, or unexpected legal complications, we can address them quickly and effectively.

As the real estate season heats up, be sure to reach out to us at 847-223-1500 early in your process so you have proper legal support through the entire transaction.

 

Clarifying the Appeals Process: 6 Basic Questions Answered

There IS hope when a court ruling doesn’t go your way. There are some cases that warrant another look, in the hopes of receiving a better outcome. The best way to begin is to learn the basics of the appeals process. Here’s what most people want to know.

appeals process questions

When a court decision doesn’t go your way, it can be very disappointing and confusing. You might feel like justice wasn’t served and wonder what you can do next. The appeals process can be complex, so understanding the basics is important. The following are some of the most common questions people have about appealing a court’s decision.

What is an appeal, and how is it different from a trial?

An appeal isn’t a retrial. Rather, it’s a review of the lower court’s decision by a higher court. Instead of presenting new evidence or witnesses, the appeal focuses on whether the lower court made legal errors that significantly impacted the outcome. This could include mistakes in applying the law, procedural errors, or improper rulings on evidence.

What circumstances would allow me to file an appeal?

You cannot file an appeal just because you don’t like the original ruling. Successful appeals typically rely on proving that the lower court committed a legal error. Common grounds for an appeal include:

  • Legal Errors – These include misapplications of the law during a trial. For example, the judge may have misinterpreted or incorrectly applied the law, ignored important legal arguments or failed to consider significant evidence.
  • Procedural Errors – Mistakes that occur during proceedings can result in an unfair trial and might include improper admission or exclusion of evidence, due process violations or errors in jury instructions.
  • Inadequate Representation – A defendant has a right to effective representation, so if they feel that their attorney failed to provide that, they might be allowed a new trial with a new opportunity to be properly represented.
  • Unreasonable Verdict – If the judge made a decision that was unreasonable or arbitrary, meaning it was not supported by the evidence presented by both parties, it can be grounds for an appeal.
  • Miscarriage of Justice – This means that the outcome of the trial was unfair, such as a person being convicted and punished for a crime they did not commit. These wrongful convictions can occur because of judicial bias, false testimony or other improper behavior during the proceedings.

How long do I have to file an appeal?

The appeals process has strict rules that must be adhered to. Deadlines for filing an appeal vary depending on the jurisdiction and the type of case. In most cases, you must file a notice of appeal within 30 days of the final judgment. Missing this deadline can result in losing your right to appeal, so it is crucial to act quickly.

What is the appeals process like?

The appeals process generally involves:

  • Filing a notice of appeal within the prescribed deadline.
  • Ordering and preparing the trial transcript.
  • Writing and filing legal briefs that outline the legal arguments for the appeal.
  • Oral arguments before the appellate court (in some cases).
  • The appellate court issuing a written decision.

What are the possible outcomes of an appeal?

The appellate court can:

  • Affirm the lower court’s decision, meaning it agrees with the ruling.
  • Reverse the lower court’s decision, meaning it overturns the ruling.
  • Remand the case back to the lower court for further proceedings.
  • Modify the lower court’s decision, meaning it changes certain aspects of the ruling.

Is it necessary to work with an attorney for an appeal?

While you are not legally required to have an attorney to file an appeal, working with an experienced appellate lawyer significantly increases your chances of success. The appeals process is highly technical, requiring strong legal writing and in-depth knowledge of appellate law, so an attorney plays an essential role in guiding you through the process.

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd., we have a vast understanding of appellate law and have represented clients in appeals to the appellate court districts for the State of Illinois, the Illinois Supreme Court, the Seventh Circuit Court of Appeals and the United States Supreme Court. When working with our team, we will:

  • Assess the merits of your appeal.
  • Identify and articulate legal errors.
  • Prepare compelling legal briefs.
  • Effectively present your case before the appellate court.
  • Ensure all deadlines and procedures are met.

 Reach out for additional information or to schedule a consultation by calling 847-223-1500.

For Sale by Owner (FSBO): Protect Yourself from these 5 Legal Risks

FSBO legal assistance

Selling a home “For Sale By Owner” (FSBO) can seem like a fantastic way to save on real estate commissions. However, FSBO transactions have their own legal complexities that can lead to costly mistakes and even lawsuits. While the potential savings are tempting, it’s important to understand the possible downfalls as well as how to protect yourself throughout the process.

The Allure and the Risks of FSBO

The primary draw of FSBO is, of course, the financial benefit. By cutting out real estate agents, sellers hope to keep a larger portion of the commission. It’s a great idea, but it does come with a trade-off: you become responsible for every aspect of the transaction, including the legal ones. Here are some of the key legal risks associated with FSBO:

  • Contract Errors – Real estate contracts are complex legal documents. A single error or omission when drafting the contract can lead to disputes, delays, or even a cancelled sale.
  • Disclosure Issues – Sellers are legally obligated to disclose any known material defects about the property. Failure to do so can result in lawsuits for misrepresentation or fraud. Knowing what constitutes a “material defect” can be tricky, and ignorance isn’t a valid defense.
  • Title Problems – A clear title is essential for a smooth transaction. Undiscovered liens, easements, or other title defects can delay or jeopardize the sale.
  • Negotiation Issues – Negotiating directly with buyers can be difficult, as emotions can often get in the way. Without an objective real estate agent, sellers may make concessions they later regret, or fail to secure the best possible price.
  • Escrow and Closing Complications – Managing escrow accounts and navigating the closing process can be overwhelming. Making a mistake during one of these critical steps can lead to financial losses and legal headaches.
  • Fair Housing Laws – Sellers must adhere to federal and state fair housing laws, which prohibit discrimination based on protected characteristics. Violations, even if they are unintentional, can result in serious legal consequences.

Working with our Attorneys to Protect your FSBO Transaction

While you might be tempted to handle everything yourself, working with one of our experienced  real estate attorneys is a wise decision that can significantly reduce the risks associated with a FSBO transaction. Here’s how we can help:

  • Drafting and Reviewing the Contract – We can draft a legally sound contract that protects your interests and includes all necessary provisions. We can also review any buyer-proposed contracts to identify potential red flags.
  • Disclosure Guidance – Our team can explain your legal obligations when it comes to disclosures, as well as help prepare accurate and comprehensive disclosure statements, which can minimize the risk of future lawsuits.
  • Title Examination – Our attorneys can conduct a thorough title search to identify any potential title defects and help you resolve them before closing.
  • Negotiation Support – We can provide valuable advice on negotiation strategies and help you understand the legal implications of different offers.
  • Escrow and Closing Assistance – We will guide you through the escrow and closing process, ensuring that all documents are properly prepared and executed. We can also help resolve any last-minute issues that may (and often do) arise.
  • Legal Representation – If a dispute arises, having one of our expert attorneys by your side is essential to represent your interests and protect your rights.

 FSBO can be a successful strategy, but it’s essential to approach it with caution and a thorough understanding of the possible legal implications. Working with one of our real estate attorneys is a way to take a proactive step to protect yourself, minimize the risks, and increase your chances of a smooth and successful sale. Reach out for a consultation by calling 847-223-1500.

 

Building a Better Future through Habitat for Humanity: CQHV Gives Back

Mark Van Donselaar was able to take part in a local ground breaking ceremony for a new Habitat for Humanity home. Learn more about his contribution and the organization’s mission here.

habitat for humanity project

Habitat for Humanity provides essential support for communities and truly makes a difference in the lives of those it helps. On March 16, 2025, Mark Van Donselaar, one of the partners at Churchill, Quinn, Hamilton & Van Donselaar, Ltd., as well as a former Lake County Habitat for Humanity board member, was able to take part in a local ground breaking ceremony for a new Habitat for Humanity home. We are proud and appreciative of the work he put in to help make this project a success.

Habitat for Humanity Mission

Lake-McHenry Habitat for Humanity is dedicated to enhancing lives and communities by providing affordable homeownership and critical home repairs in Lake and McHenry counties. Through their homeownership program, they partner with individuals and families in need to provide them the opportunity to own affordable homes. Additionally, their neighborhood revitalization program provides critical home repairs to help homeowners maintain their properties. And for an alternative way to support the program, they operate ReStores which sell donated building materials, appliances, and furniture, with proceeds going to support Habitat’s mission.

Community Involvement is Essential

The Habitat for Humanity program relies on volunteers and community participation and assistance in order to accomplish its important goals. For this recent project, Mark played a vital role in securing a generous donation from the estate of Terry and Donna King that provided the funds necessary for construction of the home. It is a prime example of the amazing things that can be accomplished when the community works together towards one common goal.

Learn more about Lake-McHenry Habitat for Humanity and explore the many opportunities for individuals and organizations to support their mission here: https://habitatlmc.org/

Churchill, Quinn, Hamilton & Van Donselaar, Ltd is your Source for Legal Assistance in the Grayslake Area

At Churchill, Quinn, Hamilton & Van Donselaar, Ltd, we understand the importance of supporting our local community and we do our best to contribute as often as possible. For over 125 years, we have been an integral part of the Grayslake community, offering honest and reliable legal support. We offer our business clients assistance with important issues such as business formation, mergers & acquisitions, financing, succession planning, workplace policies, litigation and more. Individuals benefit from our deep expertise in residential and commercial real estate transactions, insurance disputes, landlord-tenant disputes, extensive estate planning services plus competent representation for a wide range of litigation cases. Learn more about our professional areas of practice HERE and see why we continue to remain one of the area’s most trusted legal sources, or reach out to 847-223-1500 to schedule a consultation.

Protect a Growing Business with these 6 Smart Legal Strategies

Here are some of the biggest legal issues growing businesses face—and why you shouldn’t tackle them alone.

growing business

Starting a business is exciting. And watching it grow is even better! But, as your growing business keeps expanding, so do the legal challenges. If you’re not prepared, those challenges can cost you time, money, and maybe even your business. That’s why having an experienced attorney in your corner is a smart move. Here are some of the biggest legal issues growing businesses face—and why you shouldn’t tackle them alone.

Business Contracts

As the business expands, contracts can start to become more complex. Agreements with suppliers, distributors, and strategic partners must clearly define the rights and obligations of all parties. A poorly written agreement could leave you stuck in a bad deal or even facing a lawsuit, so always consult an attorney for guidance.

Business Structure

When the business began, you might have started as a sole proprietorship. But as you grow, that might not be the best fit anymore. Expanding, bringing in investors, or planning for the future may require a shift to an LLC or corporation. Changing the business structure of a growing business can separate your business assets from your personal assets and provide protection from personal liability. Additionally, changing the entity type can help to improve your tax burden or make the business more attractive to investors.

Expanding your Workforce

A growing business typically requires the addition of new employees to handle the increase in responsibilities. However, hiring employees brings a whole new set of legal considerations. You need to comply with federal and state labor laws regarding wages, hours, benefits, anti-discrimination, workplace safety, and more. As your team expands, so does the potential for employment-related disputes. Properly-drafted employee handbooks, clear policies, and consistent practices are essential.

Dispute Resolution

Unfortunately, even with the best planning, disputes can arise. Whether it’s a breach of contract, a customer complaint, or a partnership disagreement, it is essential to have a strategy in place for resolving disputes efficiently and effectively. Litigation can be costly and time-consuming, so it is also a smart strategy to explore alternative dispute resolution methods like mediation or arbitration before heading to court.

Mergers and Acquisitions

Business growth often involves exploring opportunities like mergers, acquisitions, or outside investment. These transactions are complex with specific legal requirements to meet and procedures to follow. Our team can guide you through the process, ensuring that you understand the risks and rewards involved in order to make the best decisions for your company.

Experienced Support for your Growing Business

Perhaps the most important way you can protect your growing business is to work with an experienced attorney who can help protect your interests at every step. It is not easy to expand a business, and it just gets more difficult when legal issues arise. The attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will help identify possible legal risks, negotiate expanding contracts, ensure compliance with changing laws and regulations, and defend you against legal claims.

Don’t wait until a problem arises to seek legal advice. Working with our team throughout your business growth journey will make the process go more smoothly and will help to avoid potential disputes before they cost you time and money. Contact us at 847-223-1500 to schedule a consultation.

7 Crucial Components of Construction Contract Negotiations

A well-drafted construction contract is the foundation of a successful project. Here are the key legal concerns to consider when drafting a construction contract and why working with an experienced attorney is crucial.

construction contract

A well-drafted construction contract is the foundation of a successful project because it protects all parties involved from potential legal disputes and financial risks. In fact, without proper legal guidance, even minor contract oversights can result in costly litigation, project delays, and financial losses. Here are the key legal concerns to consider when drafting a construction contract and why working with an experienced attorney is crucial.

Scope of Work and Responsibilities

One of the most important components of a construction contract is defining the scope of work. This includes aspects such as project expectations, materials and responsibilities. Clearly outlining the scope of work in the contract prevents misunderstandings and disputes as the project progresses. When the contract is vague or incomplete, disagreements can arise over what was originally agreed upon, and the contract then becomes difficult to enforce.

Timelines and Delays

Construction projects often experience delays, some of which are unavoidable. The contract must establish realistic timelines, define what constitutes a delay (such as weather, material shortages or other stated reasons), and determine who is responsible for those delays. Force majeure clauses, which address unforeseen events beyond either party’s control, are also critical.

Payment Terms and Schedule

Disputes over payments are common in construction projects. Therefore, a well-drafted construction contract should provide as many details as possible, including:

  • A detailed payment schedule
  • A clearly-defined retainage clause
  • Specific terms for costs associated with requested changes throughout the project
  • Procedures for handling non-payment or late payments

Change Orders and Modifications

Construction projects often involve changes due to unforeseen circumstances. To account for this, a construction contract should include clear procedures for handling any modifications, including any documentation that would be necessary as well as cost adjustments that would apply.

Liability and Risk

It is important to clarify in the construction contract who is responsible for damages, delays, or defects. Indemnification clauses, insurance requirements, and liability limitations should all be clearly outlined up front. Our attorneys are familiar with industry standards and can help to ensure that any risk is fairly distributed among the parties involved.

Dispute Resolution

Unfortunately, even with a well-drafted contract, disputes can arise. That is why it is essential to include components such as mediation, arbitration, and litigation clauses. These provide a structured process for resolving conflicts without a lengthy and expensive court battle. When we draft a construction contract, we make sure to include a dispute resolution process that is fair and enforceable and protects your interests.

Termination and Breach of Contract Provisions

The contract should outline the conditions under which the contract can be terminated by either party, including procedures for notice and payment for work completed. A clear termination clause can help protect your interests in the event of a breach of contract.

Our Experienced Attorneys Help Ensure a Thorough Construction Contract

Construction projects must comply with local, state, and federal regulations, including zoning laws, building codes, and environmental requirements. The experienced attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd will draft your construction contract to meet all legal requirements, in order to avoid costly penalties or project shutdowns.

When you work with our team, we ensure that your contract is comprehensive, legally sound, and tailored to your specific project. We will protect your interests by:

  • Identifying and mitigating potential risks
  • Ensuring compliance with industry regulations
  • Helping to protect against financial losses and disputes
  • Customizing contract provisions according to your project specifications

Attempting to draft or negotiate a construction contract without legal guidance can lead to costly mistakes. By working with one of our knowledgeable attorneys, you can safeguard your project, minimize disputes, and set the stage for a successful construction venture. For additional information or to schedule an appointment to meet with a member of our team, contact us at 847-223-1500.

An Insider’s Guide to Contesting a Will: 5 Reasons an Attorney is Essential

If you are considering contesting a will, it’s essential to understand the process, your legal rights, and why partnering with one of our skilled probate attorneys is critical to navigating this sensitive matter effectively.

contesting a will

Losing a loved one is always a difficult time. However, the grief can be compounded when you believe that their will is invalid or unfairly distributes their assets. If you are considering contesting a will, it’s essential to understand the process, your legal rights, and why partnering with one of our skilled probate attorneys is critical to navigating this sensitive matter effectively.

Understanding the Grounds for Contesting a Will

A will cannot be challenged simply because someone disagrees with its terms. Contesting a will requires valid legal grounds, which may include:

  • Lack of Testamentary Capacity – This means that the person who created the will (the testator) was not mentally capable of doing so. An individual must be of sound mind to execute or alter a will. Generally, that means the person must understand the nature of what he or she is doing in creating the will and the consequences thereof. Therefore, if there is evidence that they lacked mental capacity, the will could be deemed invalid.
  • Undue Influence – This refers to cases where someone has exerted inappropriate or excessive pressure upon a person to include certain terms in their last will and testament. It could be from an unscrupulous family member or even a caretaker who is looking to secure an inheritance by convincing the testator to change the terms to their benefit. Although it can be difficult to prove, it is a common basis for contesting a will.
  • Fraud or Forgery – When it comes to contesting a will, fraud can come in different forms. It could mean the forgery of the testator’s signature or that of one of the witnesses. Pages in the will could be missing or swapped out for new ones. Fraud could also mean that the testator was lied to or key facts were misrepresented to him or her, or they were deceived into signing a document they believed to be something other than their will. Any of these situations would be grounds for legal action.
  • Improper Execution – For a will to be valid, it must comply with state-specific legal requirements. For example, a person creating a will in Illinois must be at least 18 years old and of sound mind and memory. Additionally, the will must be in writing and signed by the testator in the presence of 2 witnesses, which may not include any beneficiaries. A failure to meet these formalities could render the will invalid.

The Role of a Probate Attorney in Contesting a Will

Contesting a will is a complex legal process with strict deadlines and procedural requirements. The experienced probate attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can:

  • Assess the Validity of Your ClaimWe will carefully review the will and gather evidence to determine if you have a valid basis for contesting it.
  • Guide You Through the Legal Process There is a lot to take on during this process, so we will handle all the necessary legal filings, including the petition to contest the will, and will represent you in court.
  • Gather and Present Evidence In order to support your claim, we will gather and present appropriate evidence, such as medical records, witness testimony, or financial documents.
  • Negotiate a Settlement If possible, we will try to negotiate a settlement with the other beneficiaries in order to avoid the time and stress of a lengthy court battle.
  • Protect Your Rights Most importantly, we will ensure your rights are protected throughout the entire legal process.

Contact Us for Information

If you believe a will may be invalid, it’s crucial to act quickly. There are deadlines for contesting a will, and waiting too long can jeopardize your claim. If you have questions about the process, we can help you understand your options and determine the best course of action for your situation. Please contact our office at 847-223-1500 to schedule a consultation.

Podcast Interview Part 2: More Interesting Tales from Robert Churchill

Bob Churchill is continuing the story of his history with Grayslake in this follow-up to the original podcast interview that aired in November. Listen in as he talks about some of his most interesting, challenging and surprising cases.

podcast interview part 2

Bob Churchill and his family have a long history in the Village of Grayslake, so he has a lot to share. In the first part of his interview on the Discovering Grayslake Podcast, we got to learn what it was like to watch Grayslake evolve from a charming small town into the vibrant, expanding village it is today. As he continues his story in this second half of the interview, Bob goes on to discuss how his own law firm has continued to grow and add new attorneys and staff in order to serve the Grayslake community, by providing important legal services in a variety of areas such as real estate, probate, civil litigation, business law and appellate work.

Link to full podcast below

Interview Highlights

Through his previous stories we learn that although Grayslake has grown since the law firm’s beginnings, it has retained its charm. Likewise, Churchill, Quinn, Hamilton and Van Donselaar, Ltd has grown within the community while remaining an integral part of its support system, providing important legal services for individuals and businesses in the surrounding areas.

This upbeat interview is both entertaining and informative, as Bob shares with listeners the many ways his firm can offer legal protection, while also providing valuable advice for new business startups as well as parents with college students. Additionally, listeners hear of his astonishing opportunity to see his firm present and win a case in front of the United States Supreme Court, including the intense preparations involved in achieving that accomplishment.

Along the way, the interview also allows Bob to share some interesting and humorous stories of cases he’s taken on as well as a few unbelievable personal tales that involve kicking back with the actual Blues Brothers during filming, an exhilarating running-with-the-bulls experience in Spain, a chilling interaction with wild lions on safari, plus many more adventures. Finally, he wraps up his interview by sharing some of his proudest accomplishments in improving the lives of those living in the area.

 

Listen to the Entire Podcast Interview HERE: https://www.youtube.com/watch?v=hRswxORrDk4 

 

Churchill, Quinn, Hamilton & Van Donselaar, Ltd is a Foundation of Grayslake

Throughout the podcast interview, Bob makes it clear that he and his fellow attorneys can provide legal guidance in a number of practice areas. The team is diverse in their knowledge and experience, which means they are able to provide assistance in a wide variety of situations. This might be to a community member who is in a contract dispute with another individual or business, a landlord who needs help understanding his rights with the eviction process, a family who is looking for a comprehensive estate plan to protect their loved ones, or a corporation who is brokering a multi-million-dollar commercial real estate transaction. The firm has been a staple of the Grayslake community for 122 years and values the trust and strong reputation that has been established. Reach out to 847-223-1500 for additional information or to schedule an appointment to speak with an attorney.

 

If you missed Part 1 of the podcast, you can listen here: https://www.youtube.com/watch?v=u-WhzyrPg9M

 

© Churchill, Quinn, Hamilton & Van Donselaar 2026 2 S. Whitney Street, Grayslake, IL 60030 Phone: (847) 223-1500   FAX: (847) 223-1700