DGAA bLAWg

Using a Special Needs Trust to Assist a Disabled Family Member

Web Admin - Friday, August 10, 2018
Inverness estate planning trust attorneyPeople who have saved money or accumulated assets over the course of their lifetime will often want to pass these assets on to their loved ones, either before or after their death. This is especially true when family members have disabilities or other special needs. However, when providing financial assistance to these family members, it is important to make sure that doing so will not make them ineligible for the public benefits they need to meet their needs. An experienced estate planning attorney can help you protect your loved ones’ interests by establishing a special needs trust.

Benefits of a Special Needs Trust

People with mental or physical disabilities are usually able to receive government benefits such as Supplemental Security Income (SSI) or Medicaid. However, eligibility for these benefits is based on the income earned and assets owned by the recipient; in most cases, a recipient must own no more than $2,000 in assets, and there are also limits on the amount of income they can earn. This means that if a well-meaning family member gives them money or other assets, either through a direct gift or an inheritance, it may make them ineligible for the benefits they need. 

To avoid jeopardizing a disabled person’s ability to receive public benefits, their family members can use a special needs trust (sometimes called a supplemental needs trust). This is a type of irrevocable trust in which the assets will be placed under the control of a trustee, which could be another family member or a financial institution. The trustee will then ensure that the assets are used to provide for the beneficiary’s needs.

There are specific rules that must be followed in special needs trusts. For instance, the trust can only be used to pay for certain expenses related to the beneficiary’s care, such as the costs of medical equipment, caretakers, transportation, or educational expenses. Using funds from a trust to pay for food or housing may make a beneficiary ineligible for public aid. 

Contact a Schaumburg Trust Attorney

Since a disabled person will often need assistance throughout their entire life, it is important to ensure that trusts are set up in a way that will provide them with the resources they need for many years to come. An Arlington Heights estate planning lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you create a special needs trust that meets your loved one’s needs, and we can help you address any other estate planning needs, ensuring that you can provide for your family both before and after your death. Contact us at 847-934-6000 to arrange a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
https://www.investopedia.com/terms/s/special-needs-trust.asp
https://money.usnews.com/money/personal-finance/articles/2015/11/04/how-to-draw-up-a-special-needs-trust-for-a-child-with-disabilities
https://www.cnbc.com/2017/10/25/how-to-set-up-a-special-needs-trust.html

Two Important Benefits Provided By a Living Trust

Web Admin - Tuesday, August 07, 2018
Arlington Heights trust lawyerThe thought of planning for what should happen after one’s death is often too morbid for many people to want to consider. However, doing so is incredibly important, since you want to be sure that your wishes will be followed correctly and that your heirs will be able to receive the assets you plan to pass on to them with minimal complications. While you may think that the estate planning process begins and ends with the creation of a last will and testament, another tool that can be very powerful is a living trust. 

Trusts allow you to protect certain assets, placing them in the control of a trustee and passing them to your beneficiaries once certain requirements are met. With a living trust, you can serve as the trustee while you are still living and mentally competent, giving you control over your assets and allowing you to revoke or change the terms of the trust to meet your and your family’s needs. There are a number of benefits to using a living trust, but two of the primary advantages are:

1. Avoiding Probate

When a person dies, the executor of their estate will enter their will into probate court, which is a process that can be lengthy and expensive as the court reviews the will and approves the paying of debts and taxes and the passing of assets to beneficiaries. The will is entered into public court records, meaning that the family’s personal business is available to be viewed by anyone who wants to examine the court documents. 

A trust, on the other hand, does not have to go through the probate process. This will allow assets to be passed to beneficiaries much more quickly and with fewer complications, and it will also ensure that the details about the estate are kept private.

2. Planning for Illness or Incapacitation

In many cases, when a person becomes ill or incapacitated or is no longer able to manage their own affairs, a friend or family member is named as their legal guardian. Guardianship will often not only give a guardian control of a person’s health and personal care, but also their financial affairs. This type of situation is not ideal, but a living trust can help you avoid losing control of your finances by addressing how things should be handled if you are incapacitated. 

Your trust can specify what conditions should exist for you to be declared incapacitated or mentally incompetent, and it can name a successor trustee who will manage the trust in this situation. The trustee can ensure that you have the financial resources you need to provide for your own care, while preserving your assets to pass on to your beneficiaries after your death.

Contact a Palatine Estate Planning Attorney

If you want to know more about how to use a living trust to protect your assets and pass them to your heirs, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can answer your questions and work with you to create a comprehensive estate plan. Contact a Schaumburg living trust lawyer today at 847-934-6000 to schedule a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
https://www.thebalance.com/the-benefits-of-a-revocable-living-trust-vs-a-will-3505405
https://www.thebalance.com/pros-and-cons-of-revocable-living-trusts-3505384

McDonald’s Salads Linked to Food Poisoning Cases in Illinois

Web Admin - Thursday, July 19, 2018
Crystal Lake food poisoning injury attorneyEating food purchased from a restaurant or grocery store should not be a risky proposition, but in recent weeks, a number of Illinois residents and people in nearby states have become seriously ill after doing so. Dozens of cases of food poisoning have been reported and linked to salads sold at McDonald’s restaurants, and the problem is becoming more widespread, affecting people in several states throughout the Midwest. If you have experienced food poisoning because of contaminated salads or other foods, you should be sure to understand your options for recovering compensation for your damages.

The Dangers of Contaminated Salads and Produce

The current food poisoning case involves the Cyclospora parasite, which can cause intestinal illnesses to those who consume it. Infections from this type of organism are known as cyclosporiasis, and symptoms include explosive diarrhea, nausea, vomiting, stomach pain or cramps, gas, fatigue, loss of appetite, weight loss, headaches, and fever. 

Cyclospora can be transmitted in fresh produce because these foods do not go through a cooking process that would kill the parasites. Washing or rinsing produce is not sufficient to remove these organisms.

After more than 100 reported cases of cyclosporiasis, McDonald’s has opted to remove salads from any restaurants that may have been affected by the outbreak. More than 3,000 restaurants are involved, and in addition to Illinois, people in Iowa, Wisconsin, Minnesota, and Missouri may have been in danger of contamination.

This is not the only case of food poisoning from Cyclospora which occurred recently. In June, vegetable trays produced by Del Monte were found to be the source of an outbreak that affected more than 200 people in Wisconsin, Iowa, Michigan, and Minnesota. The company recalled several products from grocery stores in states throughout the Midwest. This outbreak appears to be unrelated to the contaminated salads from McDonald’s.

Contact an Inverness Personal Injury Attorney

Food poisoning can not only cause a great deal of pain and discomfort, but it can have serious, long-lasting effects on one’s health. If you have contracted cyclosporiasis or any other type of infection after eating food purchased from a restaurant or grocery store, you may be able to pursue compensation for the damages which you have suffered. The Rolling Meadows personal injury lawyers at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options and advocate for your interests throughout the legal process. Contact us at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://wqad.com/2018/07/17/illinois-officials-warn-of-food-poisoning-possibly-linked-to-mcdonalds/
http://www.foodsafetynews.com/2018/07/parasites-linked-to-mcdonalds-likely-not-part-of-del-monte-outbreak/#.W09ld9hKiV4
https://www.nytimes.com/2018/07/07/us/del-monte-vegetable-trays-parasite-nyt.html

Misdiagnosis Is One of the Most Common Forms of Medical Malpractice

Web Admin - Monday, July 16, 2018
Rolling Meadows misdiagnosis injury lawerPeople in the United States have access to the best doctors and medical facilities in the world, and we expect to receive quality medical care when we need it. Unfortunately, mistakes occur all too often, and negligence on the part of doctors, nurses, or other medical staff can result in serious, life-changing injuries. Medical malpractice can take many forms, but misdiagnosis is one of the most common medical mistakes, and also one of the most serious.

The Prevalence of Misdiagnosis

Errors in diagnosis can occur when doctors fail to diagnose a certain condition, make an incorrect diagnosis, or do not correctly diagnose a condition in time to properly treat it. These are the most common type of medical errors which occur in the United States, and they are also likely to result in a patient’s death or disability. In fact, studies have shown that between 80,000 and 160,000 people become permanently disabled every year because of misdiagnosis.

Misdiagnosis can occur for a variety of reasons, including:

- Failure to evaluate a patient - An incorrect diagnosis may result from a doctor failing to complete an appropriate evaluation of the factors affecting a patient’s health, including their family medical history.

- Lab errors - Misdiagnosis may occur due to errors made during testing, such as equipment that was not functioning properly, samples that were contaminated, reports that were mixed up, or a technician that failed to follow the proper testing procedures.

- Misread lab reports - A doctor may make an improper diagnosis if they ordered the wrong tests or misinterpreted the results.

- Overwork - Doctors with heavy workloads are more likely to misdiagnose patients, especially if they do not consult with specialists or other medical professionals when they are uncertain about a diagnosis.


Avoiding Misdiagnosis

Patients should be able to expect that their doctors will complete the proper tests and take all relevant information into account while making a diagnosis, but they can also take steps to educate themselves and avoid the risk of misdiagnosis. It is always a good idea to ask a doctor questions and make sure to understand their diagnosis and the benefits and drawbacks of the suggested treatments or medications. Patients may also choose to seek out a second opinion to make sure their conditions are diagnosed correctly.

While patients can do their best to protect their own health, they should be able to receive medical care without worrying about the possibility of their doctor making mistakes. If you or a family member have suffered an injury that occurred because of misdiagnosis or some other form of medical malpractice, Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation for your damages. Contact a Crystal Lake personal injury attorney at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.modernhealthcare.com/article/20180313/NEWS/180319965
http://healthland.time.com/2013/04/24/diagnostic-errors-are-more-common-and-harmful-for-patients/

Options for a Life Insurance Claim Payout

Web Admin - Thursday, June 28, 2018
Rolling Meadows life insurance claim lawyerA life insurance policy can provide a family with the reassurance that they will be able to maintain financial security if tragedy strikes and a family member dies. Life insurance benefits can account for the income that a deceased person would have provided for their family, as well as expenses such as the costs of medical care prior to a person’s death or burial and funeral expenses. When filing a claim, it is important to understand the options for receiving a payout of life insurance benefits.

Payout Options

After the death of a person covered by a life insurance policy, the beneficiaries of the policy should file a claim with the life insurance company, and they must provide a copy of the deceased person’s death certificate. If the claim is approved, the beneficiaries may receive a payout in one of several ways, including:

- Lump sum - The entire amount of the benefit may be paid at one time, allowing beneficiaries to use these funds to pay outstanding expenses or invest them as they choose.

- Annuity - A benefit may be paid to beneficiaries in installments, providing regular income for a certain number of years. This allows beneficiaries to not only receive the money they need on an annual basis, but they will also receive interest on funds that have not been paid out. However, while life insurance benefits are not taxable, interest earned on these benefits is considered taxable income.

- Payout checkbook - Some insurers will hold benefit funds for beneficiaries while allowing them to withdraw money as needed by writing checks. Funds held by an insurer may also generate interest until they are withdrawn.

- Life income - Some plans may allow beneficiaries to receive a fixed monthly income based on the amount of the benefit, their age, and their life expectancy. The beneficiary will receive a guaranteed amount for the rest of their life, regardless of whether they die before or after they reach the age to which they are expected to survive.

- Pre-death payments - While life insurance benefits are usually paid after a person’s death, in some cases, they may be available while a person is still alive to offset the costs of medical care for a terminal illness.


Contact a Des Plaines Life Insurance Attorney

After a person’s death, the prompt payout of life insurance benefits is essential, allowing a family to cover their costs and meet their ongoing needs. If a life insurance company has denied your claim or delayed the payout of your benefits, Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you receive the benefits you deserve. Contact our Palatine life insurance claims lawyers at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.investopedia.com/articles/personal-finance/121914/life-insurance-policies-how-payouts-work.asp
https://www.quotacy.com/how-do-life-insurance-payouts-work/

Serious Bicycle Accident Injuries Can Result from “Dooring”

Web Admin - Wednesday, June 20, 2018
Rolling Meadows bicycle accident injury lawyerRiding a bicycle is a great way to get exercise and save on transportation costs. However, when sharing the road with larger vehicles, cyclists are at risk of serious injury in a collision. One type of bicycle accident that is becoming increasingly common is “dooring,” and both drivers and cyclists should be aware of the risks of these types of accidents and take steps to prevent them from occurring.

What Is Dooring?

Dooring occurs when a driver or passenger in a motor vehicle opens their door in the path of a cyclist. This often happens when a person who is exiting a vehicle next to a bike lane fails to check to make sure the lane is clear.

A large number of people in Illinois and Chicago have been injured by dooring accidents in recent years. According to data from the City of Chicago, there were 181 dooring accidents in 2017, and there have been over 100 dooring accidents so far in 2018. While this has decreased from 302 reported cases of dooring in 2015, the increasing number of people using bicycles for transportation in the Chicago area means that these types of accidents are becoming more and more likely.

Dooring Injuries

Colliding with the door of a vehicle can cause a wide variety of serious injuries to a cyclist. Depending on the speed at which a cyclist is traveling, they may be thrown from their bike, and they can suffer broken bones, dislocated shoulders, serious bruises, neck and spine injuries, sprained wrists or knees, injuries to internal organs, and disfiguring lacerations and abrasions.

While cyclists can protect themselves from head injuries by wearing a helmet, they may still suffer traumatic brain injuries in dooring accidents, especially if they are knocked into the path of a moving car. In some cases, cyclists have been caught underneath vehicles, which can result in loss of limbs, paralysis, and death.

Contact a Schaumburg Bicycle Accident Lawyer

Drivers and passengers of motor vehicles should take steps to prevent dooring accidents by always looking behind their vehicle before opening their doors, and they should take extra care when driving or parking near bike lanes. Failure to protect the safety of others is a form of negligence, and cyclists who are injured because of dooring may be able to pursue compensation for damages caused by a negligent driver. If you have been injured in a bike accident, contact an Arlington Heights personal injury attorney at Drost, Gilbert, Andrew & Apicella, LLC today. Call our office at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.chicagotribune.com/news/ct-chicago-dooring-cyclist-report-met-20170426-story.html
https://www.dnainfo.com/chicago/20170426/portage-park/bicycle-dooring-accidents/
https://data.cityofchicago.org/Transportation/Traffic-Crashes-Crashes/85ca-t3if

10 Things Sellers Should Know About a Residential Real Estate Closing

Web Admin - Monday, June 18, 2018
Arlington Heights residential real estate lawyerSelling a home can be a stressful process, but once a buyer has made an offer and agreed to buy your house, the end of the process is in sight. However, there are still a variety of issues which may need to be resolved and matters which will need to be settled before the sale is complete. Here are 10 things you should take care of as you complete your residential real estate closing:

1. Address home inspection issues - The buyer will pay for a home inspection, which may uncover a variety of issues that they may ask you to correct or repair. You can preempt some of the issues by having your own home inspection completed prior to listing. This will give you an idea of the issues that may be raised later or minor issues that you can resolve prior to accepting an offer. Be sure to complete any agreed repairs prior to the date of closing and provide paid receipts to show that the required work has been done. 
2. Review the property survey - The standard Illinois contracts require the seller to provide the buyer with a survey of the property. If you have an existing survey, you should be sure to review this survey to make sure that the boundaries of the property are defined correctly and there are no issues that may arise with the new survey. Some buyers, especially in cash deals, will accept the existing survey, if no new improvements have been made. 
3. Get ready for the final walkthrough - Buyers will typically visit the home prior to closing to check the property and make sure repairs have been done. Be sure everything has been taken care of before this walkthrough and make sure no unexpected issues arise. If necessary, you may need to address issues the buyers find or negotiate a payment for problems they discover.
4. Review your settlement - Your closing documents will include a seller’s closing statement detailing the money being paid and received. Be sure to review this statement for accuracy including the payoff amounts of any of your loans or mortgages.
5. Bring documentation to closing - At closing, be sure to bring your photo ID, the paid receipts for repairs, and any information the buyer will need, such as codes to security systems.
6. Resolve last-minute details - If something is not in the same condition at walkthrough as it was when the offer was accepted, that item will need to be resolved at the closing table, or the closing may need to be postponed.
7. Be prepared to pay closing costs - You will typically be required to pay for certain items, such as commissions for real estate agents, outstanding property taxes or utility bills, and related fees, including title fees and attorney’s fees. Your realtor or attorney should inform you of the exact amount that you will need to pay at closing.
8. Transfer utilities - Utilities should be kept active until after the closing, at which point you can transfer service to the buyer.
9. Cancel homeowner’s insurance - Once closing is complete, you can cancel your homeowner’s insurance policy. You may receive a refund for any remaining months which you have already paid.
10. Keep your paperwork in a safe place - Be sure to keep all of the papers from the closing in a place where you can easily access them in case any questions or issues arise.

Contact a Riverwoods Residential Real Estate Attorney

If you have any questions about the processes followed during your home closing, or if you need an attorney’s assistance when selling your home, contact a Kenilworth real estate lawyer at Drost, Gilbert, Andrew & Apicella, LLC. Call our office at 847-934-6000 to schedule a consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Sources:
https://www.homelight.com/blog/closing-checklist/
https://www.zillow.com/sellers-guide/closing-on-house-for-seller/
https://www.realtor.com/advice/sell/what-to-expect-at-the-closing/

The Dangers of Serious Injuries in Rollover Accidents

Web Admin - Wednesday, June 13, 2018
Schaumburg rollover accident attorneyAny type of motor vehicle crash is dangerous for drivers and passengers, but rollover accidents can be especially hazardous. In fact, while these accidents only make up 2.2% of all motor vehicle collisions, they account for nearly one third of the fatalities which occur in car accidents. In the 220,000 rollover accidents which occur in the United States each year, there are 9,000 deaths, 14,100 serious injuries, and 224,000 minor/moderate injuries. If you are involved in a rollover accident, it is important to understand your options for recovering compensation from the party or parties who were liable for your injuries.

Causes of Rollover Accident Injuries

Rollover accidents are particularly dangerous for the occupants of a vehicle, because standard safety systems such as seat belts and air bags may not provide sufficient protection from the type of damage which can occur. Injuries in rollover accidents are often caused by:

- Roof intrusion - When a vehicle’s roof is impacted, parts of the vehicle’s structure can impact a person’s body, or a person may be crushed, causing severe injuries such as broken bones, brain injuries, and internal bleeding can result.

- Uncontrolled movement - The violent motion of a rollover accident may cause drivers and passengers to be thrown about the inside of a vehicle, and they may collide with doors, windows, steering wheels, or other parts of a car. This can result in serious bodily damage, including back and neck injuries, sprained joints, or strained muscles.

- Complete ejection - A person may be thrown from a vehicle during a rollover accident, which can lead to severe head and spine injuries.

- Partial ejection - Parts of a person’s body may come in contact with surfaces outside the vehicle, and they may be crushed between the car and the road or ground. This can lead to severe limb injuries that may require amputation.


Rollover accidents can occur for a variety of reasons, but they are more common in larger vehicles such as SUVs and trucks than in passenger cars. Drinking and driving, driving with a large number of passengers, and driving at excessive speeds are often factors in these types of crashes.

Contact a Rolling Meadows Rollover Accident Lawyer

If you have been injured in a rollover accident, you should contact a Barrington personal injury attorney as soon as possible to determine your options for recovering compensation for your injuries. Multiple parties may be liable for your injuries, including the driver of the vehicle that rolled over, other negligent drivers, manufacturers of defective auto parts that caused the crash, or a city or state government which did not maintain safe road conditions. Call our office at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4160669/
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/810741

Safety Tips to Reduce the Chances of Motorcycle Accident Injuries

Web Admin - Monday, June 04, 2018
Rolling Meadows motorcycle accident lawyerAs summer approaches in Illinois, more and more motorcyclists are enjoying the warm weather and spending time on the road. However, the increased number of motorcycles on the road means that motorcycle accidents are more likely. 

Motorcycle drivers and their passengers are much more likely to be injured in a collision than those who are driving or riding in vehicles. In fact, the National Safety Council has reported that while only 3% of registered vehicles in the United States are motorcycles, motorcyclists make up 13% of all traffic fatalities. In addition, the National Highway Traffic Safety Administration has reported that motorcyclist fatalities occur 27 times more often than fatalities in other motor vehicles.

Since motorcyclists do not have the safety features and protections provided by a car or truck, they should take extra care to protect themselves and take precautions to avoid accidents. Here are some safety tips that all cyclists should follow:

- Wear a helmet - Helmets are not required for adult motorcyclists in Illinois, but wearing one is strongly recommended, since it can greatly reduce the chances of head injuries. In fact, cyclists who wear helmets are three times more likely to survive head injuries experienced in a collision. Helmets should be approved by the U.S. Department of Transportation, and they should be securely fastened while riding.

- Use proper eye protection - Goggles can protect cyclists’ eyes while riding, but a full face shield offers more protection from insects, dirt, rain, or other elements that can cause pain and distraction. Goggles or face shields should be shatter-resistant and free of scratches while providing a clear field of vision, and they should be fastened securely so they do not come off while riding.

- Wear proper clothing - Cyclists should wear clothes that fully cover their arms and legs. This provides protection from weather and the moving parts of a motorcycle, and it can also provide protection in a crash. Wearing brightly colored or reflective clothing can help ensure that a cyclist will be seen by other drivers on the road.

- Drive defensively - Many motorcycle accidents occur because drivers do not see motorcycles around their vehicles. Cyclists should take extra care to ensure that they do not drive in other cars’ blind spots or follow vehicles too closely, and they should always follow the rules of the road.

- Never drink and drive - Alcohol impairment makes it unsafe for a driver to operate any vehicle, but the loss of coordination and reaction time can be especially dangerous for motorcyclists. Even if a cyclist is not above the legal blood alcohol limit of .08%, it is best to avoid operating a motorcycle after drinking any amount of alcohol or using drugs that can impair one’s driving ability.


Contact a Palatine Motorcycle Accident Attorney

Motorcyclists are much more likely to be injured in a collision than other drivers, and when an accident is caused by a person’s negligence, a cyclist may be able to pursue compensation for their injuries. If you have been injured in a motorcycle accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you obtain the compensation you deserve. Contact a Schaumburg personal injury lawyer today at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.nsc.org/road-safety/safety-topics/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x140.pdf

Bars May Be Held Liable for Injuries Caused By Drunk Drivers

Web Admin - Friday, June 01, 2018
Palatine personal injury lawyer dram shop liabilityCar accidents can be devastating, especially when they are caused by a drunk driver. These drivers’ carelessness and lack of concern for people’s safety can lead to serious, debilitating injuries or even death. When a person is injured or killed because of a driver’s negligence, they may be able to seek compensation for their damages through a personal injury lawsuit. In addition to the negligent driver, other parties may be liable for the injuries caused, including the establishment that sold a driver the alcohol that led to their drunk driving.

Illinois Dram Shop Laws

Under Illinois law, victims who have been injured by a drunk driver may pursue damages from a bar, restaurant, nightclub, or liquor store that sold alcohol to the driver. Typically, the injured party must show that alcohol was provided to the driver by the establishment, this alcohol directly led to the driver’s intoxication, and the injuries suffered by the victim were caused as a result of this intoxication.

Illinois law provides limits for the damages which can be recovered in a dram shop lawsuit, and these limits are updated each year. As of January 20, 2018, these limits are:

- Personal injuries and property damage: $68,777.44 - This covers the costs of medical treatment and other expenses related to a person’s injuries, as well as any damage to their vehicle or other property which occurred in the accident.

- Loss of support or loss of society: $84,061.32 - Loss of support refers to the loss a family suffers because a victim is unable to provide financial support after being injured or killed in an accident. Loss of society refers to impairment to family relationships that occur when a person is injured or killed, including the love, affection, and companionship that the person would have provided to their family. Victims may seek compensation for either loss of support or loss of society, but not both.


Dram shop lawsuits have a statute of limitations of one year, which means that a lawsuit must be brought within one year after the accident or injury occurred.

Contact an Arlington Heights Dram Shop Liability Attorney

Bars, restaurants, and nightclubs have a responsibility to make sure that their patrons are acting safely, and if they do not take steps to prevent drunk driving, they may be held liable for the injuries that occur as a result. If you have been injured in a drunk driving accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from the drunk driver and anyone else who was responsible. Contact a Crystal Lake personal injury lawyer at 847-934-6000 to schedule your personalized consultation today.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21
https://illinoiscomptroller.gov/agencies/resource-library/statutorily-required/dram-shop-liability-limits-2005-2018/
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/150.00.pdf


Recent Posts


Tags

Illinois traffic laws estate tax Arlington Heights car accident lawyer real estate zoning healthcare natural gas explosion employment law Crystal Lake law firm Rolling Meadows marijuana attorney unauthorized overtime Arlington Heights personal injury lawyer Des Plaines accident attorney agent Illinois employment law attorneys Rolling Meadows traffic attorney license hands free device BAC DUI attorney medical marijuana preventing accidents suspended license Crystal Lake car accident attorney traffic accidents Des Plaines tax law firm disability benefits pet bites real estate lawyer Illinois workers compensation lawyer Rolling Meadows insurance lawyer Illinois estate planning attorney Schaumburg corporate attorney Rolling Meadows insurance dispute lawyers, insurance dispute School Visitation Rights Act problem employees Arlington Heights criminal lawyer Illinois will lawyer Chicago employment attorney Illinois Probate Act of 1975 Legal Info Barrington employment attorney probate process Barrington business law firm Inverness insurance attorney Long Grove estate planning attorneys traffic violations defense traffic laws Illinois personal injury lawyer senior citizens insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows traffic law firm Inverness estate planning lawyer Barrington attorney minimum wage trauma after an accident murder charges taxes vacation home fines estate planning lawyer Barrington employment law attorney GM ignition switches creditors Colin H. Gilbert estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers investment property IRS Illinois DUI attorney Rolling Meadows estate planning attorney Illinois traffic ticket lawyer manufacturing Rolling Meadows insurance dispute lawyers workers compensation benefits driving Buffalo Grove law firm insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Arlington Heights traffic attorney real estate attorney mortgage Inverness corporate attorney Arlington Heights insurance attorney irrevocable trust first degree murder PTSD Class A misdemeanor life insurance lawyer Affordable Care Act civil litigation attorney Schaumburg estate planning attorney Illinois employment law Illinois real estate lawyer medication errors Illinois medical malpractice attorney modern family estate planning fatal car accidents DGAA marijuana crimes attorney Fourth of July drug possession Crystal Lake medical malpractice attorneys murder boating accidents food poisoning Illinois Human Rights Act drug crime Des Plaines personal injury lawyers Schaumburg traffic lawyer privacy jet ski accidents Illinois business lawyer Rolling Meadows tax attorney Illinois estate planning law firm financial advisors traumatic brain injuries health insurance dispute Illinois residential real estate operating agreements Rolling Meadows drug defense attorney Crystal Lake accident attorney new real estate form Home Sale Contingencies Inverness probate lawyer Arlington Heights employment attorney insurance claim commercial real estate Rolling Meadows Traffic Lawyer accidental death benefits life insurance policy gift taxes Arlington Heights employment law attorneys Palatine employment lawyer traffic violations Palatine employment law lawyer Illinois workers compensation attorney blood alcohol content liability claims reckless homicide pet law Illinois Wage Payment and Collection Act Illinois motorcycle accident lawyer Buffalo Grove medical malpractice lawyers involuntary manslaughter rollover accidents Inverness accident lawyer Chicago employment lawyer Crystal Lake criminal defense attorney uninsured motorist workers comp college kids power of attorney Mount Prospect elder law attorney Arlington Heights accident attorney breathalyzer test Crystal Lake bike accident lawyer car accident Crystal Lake injury attorney surgical mistakes real estate closing CAM Kenilworth estate planning lawyer Des Plaines DUI attorney Barrington injury attorney Crystal Lake employment law attorney Illinois estate planning BAIID Whistleblower Claims low-ball insurance settlement Palatine civil attorney head on collisions slip and fall accidents Crystal Lake estate planning lawyer Crystal Lake employment lawyer internet Crystal Lake car accident lawyer Des Plaines collections attorney distracted driving accident victims Illinois probate lawyer employee misclassification Palatine injury attorney life insurance car collision underinsured motorist IRA trust transfer Schaumburg estate attorney trench injuries Illinois car accident attorney employment lawyer boating under the influence criminal defense Des Plaines injury law firm Chicago attorney Arlington Heights wills and trusts lawyer work unions Crystal Lake employment attorney Barrington Illinois estate planning lawyer Des Plaines claims law firm Illinois insurance attorney caregiver dealing with problem employees probate fees Crystal Lake personal injury lawyer Palatine business attorney insurance denials job lawyers controlled substance Schaumburg injury lawyer Schaumburg drug defense lawyer Rolling Meadows medical malpractice lawyers pedestrian accidents pedestrian accident Crystal Lake insurance lawyer Rolling Meadows DUI lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois medical malpractice case Buffalo Grove employment lawyer Chicago lawyer Illinois elder law attorney traffic deaths Rolling Meadows car accident lawyers condo elder law Chicago insurance claim attorneys Illinois corporate lawyer Palatine Attorney TBI Des Plaines insurance attorney Illinois Smoke Detector Act clemency life insurance claims Riverwoods estate planning lawyer Illinois trusts attorney whistleblower protections license reinstatement Fair Labor Standards Act comp time POA employees underfunded trust consent to a search Illinois lawyer spinal cord injury Arlington Heights real estate lawyer bad faith insurance claims Illinois wills and trusts dram shop law ObamaCare cell phone Barrington criminal lawyer Long Grove wills and trusts attorneys Crystal Lake personal injury attorney Illinois tax attorney Illinois employment lawyer commercial leasing trucking accidents Arlington Heights car crash attorneys insurance claim dispute Rolling Meadows employment attorney underage DUI BUI Barrington litigation attorney insurance claim denials IRELA unfunded trust Palatine elder law attorney truck collisions car crash Illinois Workers’ Compensation Commission Rolling Meadows Illinois criminal defense attorney Arlington Heights lawyer attorney fees Illinois employment laws Buffalo Grove injury lawyer car crash injuries Retaliatory Discharge criminal record estate planning for college students Illinois medical malpractice claim Illinois personal injury lawyers estate planning attorney employee discrimination Mount Prospect wills and trusts lawyers Long Grove real estate attorney living wills hiring employees distracted driving accidents real estate attorneys liens Long Grove estate planning attorney Detainer Actions Deer Park personal injury lawyer Palatine workers compensation lawyer workers compensation Palatine trusts lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Chicago will attorney, social media platforms, Illinois estate planning lawyer, traffic offenses Palatine real estate lawyer trucking accident lawyers motorcycle accident car crashes Buffalo Grove car accident lawyer Barrington real estate lawyer DUI traumatic brain injury child safety special needs trust real estate contract eluding a police officer anesthesia errors golf accidents Illinois LLC creation Illinois real estate Crystal Lake civil litigation lawyer healthcare claims Illinois jet ski accident lawyer pain and suffering Illinois red light cameras Arlington Heights Traffic Lawyer ACA in terrorem provision Illinois wills and trusts attorneys Inverness elder law lawyer Des Plaines civil attorney Kenilworth estate planning attorney denied insurance claims murder defense Rolling Meadows personal injury lawyer revenge porn slip and fall South Barrington real estate attorney business litigation insurance claim delay back injuries Des Plaines personal injury lawyer power of attorney for healthcare rest breaks drug crimes independent contractor Des Plaines Chicago insurance law firm digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Rolling Meadows business lawyer criminal law mass shooting Schaumburg real estate lawyer Chicago estate planning lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers personal injury lawyer icy parking lots employment attorney Palatine traffic lawyer filing a medical malpractice claim Inverness injury lawyer Schaumburg criminal law attorney automated cars Palatine punch death liability construction accidents fault based insurance probate lawyer Chicago traffic lawyer Illinois driving without license Arlington Heights personal injury attorney FSLA Chicago will attorney Chicago estate planning Inverness DUI lawyer Deer Park criminal attorney Buffalo Grove probate lawyer Schaumburg personal injury attorney Illinois employee rights attorney. privacy laws civil litigation Arlington Heights injury attorney Deer Park DUI lawyer trustee advance healthcare directive living trust probate claims process Buffalo Grove personal injury lawyer speeding Crystal Lake traffic lawyer Chicago biking tips personal injury law firm Arlington Heights Attorney Des Plaines motorcycle accident attorney unpaid overtime drunk driving statistics insurance denial appeals Illinois law Illinois workplace lawyer Long Grove real estate lawyer insurance disputes Thanksgiving rumble strips trust payments federal regulations for LLCs Chicago trucking accident attorney changes to mortgage law South Barrington real estate lawyer Barrington employment law firm living trust vs will cell phone accidents Mount Prospect real estate lawyer Crystal Lake pedestrian accident lawyer Illinois trucking safety Schaumburg employment attorney insurance agents Schaumburg car accident attorney hit and run accident insurance adjusters foreclosed rental property Rolling Meadows boating crash lawyer Palatine construction attorney corporate law Barrington medical malpractice lawyers Palatine employment attorney personal injury accidents pedestrian-automobile accident Illinois insurance claim dispute lawyer Schaumburg estate planning lawyer Inverness traffic law firm Illinois insurance claims lawyers digital evidence living trust benefits Illinois civil litigation lawyer Schaumburg personal injury lawyers product liability Buffalo Grove traffic lawyers DUI penalities Schaumburg wrongful death attorney DNR Rolling Meadows personal injury attorney probate Rolling Meadows accident lawyer Schaumburg elder law lawyer civil rights violation severance agreements Illinois injury lawyer Illinois speeding lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Palatine civil litigation lawyer car accident lawyers insurance dispute attorney federal crimes estate attorney Buffalo Grove corporate attorney meal breaks overtime pay jet ski wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace right to work Illinois bicycle safety insurance claim dispute attorney Illinois employment attorneys Illinois workplace discrimination attorney compensatory time Rolling Meadows employment law attorney Des Plaines real estate attorney Arlington Heights tax lawyer dynasty trusts drugs Illinois Sales Representative Act pedestrian injuries, pedestrian fatality traffic crimes Inverness real estate lawyer Food and Drug Administration's Food Safety Modernization Act employment law, Illinois employment laws license revocation employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Schaumburg insurance lawyers Arlington Heights trucking lawyer ken apicella Rolling Meadows probate lawyer Palatine criminal defense lawyer Illinois boating accident lawyer Des Plaines pet law attorney Des Plaines real estate lawyer wrongful death LLCs car accidents Schaumburg employment law attorneys Transfer on Death Instrument vacation home insurance claims auto accidents fiduciary rule loopholes Deer Park workers compensation lawyer car accident lawyer Illinois traffic attorney Colin Gilbert estate plan Illinois Transfer on Death Instrument owner responsibility swimming pools Illinois traffic attorneys employee rights Buffalo Grove traffic attorney DMV wrongful termination Schaumburg criminal attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Deer Park real estate law firm Schaumburg Employment Discrimination Law Do Not Resuscitate Super Mario Crystal Lake medical malpractice lawyer Family Medical Leave Act personal injury claim Crystal Lake tax lawyer homestead rights digital assets Chicago corporate attorney wills and trusts rent to own real estate contracts Illinois wrongful termination lawyer llinois Real Estate Lawyers Association Deer Park medical malpractice attorney Inverness real estate attorney unpaid assessment Des Plaines Traffic Lawyer Schaumburg Attorney Crystal Lake traffic attorney Deer Park accident attorney overtime violations bicycle accidents Illinois insurance disputes Arlington Heights wills and trusts attorneys Illinois job attorney home inspection lawyer Inverness personal injury attorney medical malpractice compensation Policy Cancellation pizza emoji texting while driving sole proprietorship Illinois traffic accident lawyer deadly crashes Rolling Meadows insurance attorney condo association dog bites Palatine estate planning lawyer Illinois insurance dispute lawyers Palatine traffic accidents drunk driving Schaumburg medical malpractice lawyer Illinois defective products attorney installment contracts Illinois rollover accident lawyers Illinois collections attorney Illinois insurance claim dispute lawyers Des Plaines criminal attorney insurance dispute commercial leases products liability Barrington personal injury attorney Illinois home inspection crossover accidents Palatine corporate attorney holiday statistics personal injury attorney Palatine probate lawyer Illinois personal injury Rolling Meadows real estate attorney bicycle dooring accidents Illinois pet lawyer Schaumburg civil litigation attorney Des Plaines drug crimes lawyer Mt Prospect Attorney Schaumburg construction accident lawyer personal injury insurance negligence forming a corporation in Illinois medical research criminal tax attorney Barrington civil litigation attorney boating DUI Illinois pedestrian accident attorney Rolling Meadows personal injury lawyers Palatine insurance lawyer digital information Attorney Ken Apicella institutional trustee Deer Park employment law attorney Buffalo Grove real estate attorney no contest clauses landlord tenant law motorcycle accident lawyer traffic tickets Home Remodeling Repair Act Crystal lake insurance dispute attorney employment contract defective products lawyer Palatine drug lawyer premises liability appealing an insurance claim insurance claim denial Barrington estate planning attorney paid sick leave guardianship attorney FMLA Illinois living will sexual images Inverness civil lawyer Rolling Meadows criminal attorney loss of consortium Chicago car accident lawyer medical malpractice Illinois small business marijuana defective products breach of contract estate planning capital gains tax Illinois business law atorneys Barrington workers compensation attorney insurance agent negligence denied insurance claim Arlington Heights medical malpractice lawyer Barrington personal injury lawyer Rolling Meadows litigation lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, expungement social media after death spinal cord injuries Crystal Lake business law attorneys bike accident insurance attorney field sobriety test Illinois medical malpractice lawyers workplace sexual harassment foreclosure Arlington Heights pedestrian accidents Des Plaines medical malpractice attorney medical malpractice claims blended families landlord caretaker rights wage theft IRA benefits Illinois registered agent Schaumburg probate attorney Illinois personal injury attorney wills Exclusions Crystal Lake will lawyer Illinois insurance claim attorney preventable medical errors estate planning trusts Crystal Lake medical malpractice law firm Illinois employment law attorney Forcible Entry Barrington drug crime attorney Arlington Heights wills and trusts attorney Rolling Meadows corporate lawyer small business Long Grove estate planning DUI defense Palatine law firm Arlington Heights estate planning attorney brain injury Buffalo Grove insurance claim dispute lawyers denial of life insurance Illinois employment law firm cell phone tower data Rolling Meadows criminal lawyer Buffalo Grove personal injury attorney Barrington estate planning lawyer Barrington criminal defense lawyer natural gas Illinois insurance lawyer Joliet general practice lawyers income distribution deducation Buffalo Grove criminal defense lawyer Deer Park motorcycle accident lawyer personal injury claims Jay Andrew Schaumburg personal injury lawyer probate claims Deer Park traffic accident attorney Barrington Traffic Lawyer Deer Park traffic lawyer real estate deed transfer Self-Directed IRA Accounts Crystal Lake pet attorney Illinois construction accident attorney Landlord Tenant Ordinance Kenilworth estate planning attorneys license suspension trusts Liquor Control Act Rolling Meadows employment law attorneys rollover car crashes Illinois attorney Palatine personal injury lawyer Des Plaines personal injury attorney Federal Food Drug and Cosmetic Act startup company gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys real estate leasing Illinois mortgages fiduciary rule delay Rolling Meadows Attorney pregnant women texting and driving Des Plaines drug lawyer sexual harassment Arlington Heights wills and trusts lawyers Barrington boating accident attorney Palatine corporate law attorneys Arlington Heights TBI attorney drug crimes lawyer

Archive