The prosecutor--Assistant States' Attorney-has the discretion to dismiss the charges. But, the dismissal does not necessarily affect a claim for personal injuries in a civil case. The traffic case is a separate proceeding.
Regrettably your case was ignored and the statute of limitations came and went. Any claim you had against the restaurant is barred and you may now have a claim for legal negligence against one or both of the lawyers you had hired.
He would have a worker's compensation claim since it appears he was injured while working for the prospective employer. Whether the customer also has liability would depend on the facts. He ougt to discuss options with an attorney.
Under the Workers' Compensation Act the employer has a lien. The act provides that the employer may have or claim a lien upon any award, judgment or fund out of which such employee might be compensated from the liable third party. If the employee does not file a lawsuit prior to 3 months before the statute of limitations runs, the employer is subrogated to the rights of the employee and may file suit against any persons whom the employee could have sued. 820 ILCS 305/5(b).
Move quickly to file a motion to vacate the order and reinstate the supervision. If you completed all ordered classes and have no new violations, the judge will be understanding of the financial problems, but perhaps not sympathetic that you failed to show up on set dates. Good luck.
It is possible to reduce, but he is looking at time regardless because of the multiple convictions. If his previous lawyer is unwilling to represent him, there are other very good DUI lawyers in DuPage County who will soon be posting who will be able to help. Good luck.
Depends on the whether there is ultimately a good policy defense or if the insurer is asserting the reservation just in case. Under Illinois law central to the issue of coverage is a comparison of the allegations of the underlying complaint to relevant portions of the insurance policy. The insurer has a duty to defend that is determined by the allegations of the underlying complaint. If the complaint alleges facts that fall ‘within or potentially within’ the coverage of the policy, the insurer...