Frequently Asked Questions

If you are facing a legal matter that could affect your freedom, finances, family, or future, you should consult with an attorney. Even if you're unsure whether your situation requires legal help, a consultation with Daniel Kay can help you understand your rights and options. The consultation is free — there is no obligation.

Yes. Daniel handles every case personally, from the initial consultation through resolution. You will not be passed off to a paralegal or associate attorney. When you hire Daniel Kay, you get Daniel Kay.

Legal fees vary depending on the type and complexity of your case. Daniel offers a free initial consultation so you can discuss your situation and understand the likely costs before making any commitment. Personal injury cases are typically handled on a contingency fee basis — meaning you pay nothing unless Daniel recovers money for you.

Daniel Kay is based in Carbondale, Illinois and serves clients throughout Southern Illinois, including Jackson County, Williamson County, Union County, Perry County, Franklin County, and surrounding areas.

The timeline for a divorce in Illinois depends on whether it is contested or uncontested. An uncontested divorce — where both parties agree on all issues — can be finalized in as little as a few months. A contested divorce involving disputes over property, custody, or support can take significantly longer. Daniel works to resolve matters as efficiently as possible while protecting your interests.

Illinois courts determine custody (now called 'parental responsibilities' and 'parenting time') based on the best interests of the child. Factors include each parent's relationship with the child, the child's adjustment to home, school, and community, the mental and physical health of all parties, and the willingness of each parent to facilitate a relationship with the other parent. Daniel advocates strongly for arrangements that protect your parental rights.

An Order of Protection is a court order that prohibits an abuser from contacting or coming near you. In Illinois, you can request an Emergency Order of Protection (EOP) from a judge without the other party present. Daniel can help you file for an Order of Protection quickly and ensure the process is handled correctly to keep you safe.

Illinois is an 'equitable distribution' state, meaning marital property is divided fairly — but not necessarily equally. Courts consider factors such as the length of the marriage, each spouse's contributions, economic circumstances, and more. Daniel works to ensure your property rights are fully protected throughout the process.

First, seek medical attention — even if you feel fine, some injuries are not immediately apparent. Document the scene with photos if possible, get contact information from witnesses, file a police report, and notify your insurance company. Most importantly, do not give a recorded statement to the other party's insurance company before speaking with an attorney. Contact Daniel Kay as soon as possible to protect your rights.

In Illinois, the statute of limitations for most personal injury claims is two years from the date of the injury. For claims against a government entity, the deadline may be shorter. It is important to contact an attorney as soon as possible — evidence can disappear and witnesses' memories fade over time.

You may be entitled to compensation for medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage. The specific amount depends on the facts of your case. Daniel evaluates every case thoroughly to ensure no element of your damages is overlooked.

Most personal injury cases settle before trial. However, Daniel is fully prepared to take your case to court if the insurance company does not offer a fair settlement. His experience as a litigator means he is never afraid to fight for you in the courtroom.

Exercise your right to remain silent. Do not answer questions from police without an attorney present. Politely but firmly state: 'I am invoking my right to remain silent and my right to an attorney.' Then contact Daniel Kay as soon as possible. Anything you say can and will be used against you — silence is your most powerful tool.

In Illinois, misdemeanors are less serious offenses punishable by up to one year in county jail. Felonies are more serious and carry potential prison sentences of one year or more. Both can have lasting consequences on your employment, housing, and reputation. Daniel handles both misdemeanor and felony cases with the same level of dedication.

Many criminal records in Illinois can be expunged or sealed, depending on the nature of the offense and the outcome of the case. Expungement removes the record entirely; sealing makes it inaccessible to most employers and the public. Daniel can evaluate your record and advise you on whether you qualify for expungement or sealing.

Mediation is a voluntary, confidential process in which a neutral third party (the mediator) helps disputing parties reach a mutually agreeable resolution. The mediator does not decide the outcome — the parties do. Sessions typically involve both parties meeting together and/or separately with the mediator to discuss issues and explore solutions. Daniel Kay serves as a trained, experienced mediator.

A mediation agreement itself is not automatically binding, but once the parties sign a written settlement agreement based on the mediation, that agreement is legally enforceable. In family law cases, the agreement is typically incorporated into a court order.

Mediation is appropriate for many types of disputes, including divorce and custody matters, business disputes, neighbor disputes, contract disagreements, and civil claims. It is particularly effective when the parties have an ongoing relationship (such as co-parents) and need to reach a workable long-term agreement.