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Dealing with Emotional Trauma After an Auto Accident

Web Admin - Tuesday, July 11, 2017

Des Plaines auto accident lawyersCar accidents can cause more than just physical injuries. In fact, many victims experience emotional trauma in the weeks and months following an accident. Sadly, they may also face a difficulty when trying to cope with heightened emotions amidst the physical ailments and financial troubles that may accompany an accident. Learn how you can deal with emotional trauma after an auto accident, and what it could mean for your personal injury case, with help from the following information. You shall also learn where to find assistance with your claim. 

Why Trauma May Occur 

Most people assume that trauma is directly correlated with the severity of a crash or the injuries sustained. However, nothing could be further from reality. In fact, even minor accidents can cause heightened emotions and trauma. This is because trauma is often caused by fear, a lack of control, and a sudden or unexpected negative event. Car accidents contain all three elements. 

Another reason that trauma is common after an accident is the speed at which the events occur. One minute, you can be driving through an intersection, and the next, you are spinning in the middle of traffic because someone ran a red light and hit you. Your brain may not fully process everything at the time, so it may attempt to do so afterward. 

What Trauma Feels Like 

Trauma is different for everyone. However, most people experience similar symptoms. For example, someone experiencing trauma after an accident might experience: 

- Sleeplessness, 
- Night terrors, 
- Excessive irritability, 
- Mood swings, 
- Depression, 
- Panic attacks, 
- Night sweats, 
- Confusion or difficulty concentrating, 
- Inability to drive, 
- Excessive fatigue, 
- Difficulty relaxing, 
- Helplessness, 
- Social withdrawal or self-isolation, 
- Racing heartbeat, 
- Headaches or migraines, 
- Abdominal pain or discomfort, 
- Exaggerated startle response, 
- Forgetfulness, 
- Muscle tension or pain, 
- Crying spells, or 
- Flashbacks. 

Please note that this list is, by no means, comprehensive. If you experience any strange or new symptoms after an accident, speak with your doctor to determine if it could be related. 

How Trauma Could Impact Your Case 

If you are experiencing trauma after an auto accident, you may be entitled to additional compensation. Unfortunately, proving that the effect was, in fact, caused by the accident can be difficult. As such, victims are encouraged to seek legal assistance from an experienced attorney. 

Known for protecting the interests of our clients, Drost, Gilbert, Andrew & Apicella, LLC is the firm to call when you need help with your claim. Dedicated and experienced, our Des Plaines car crash lawyers will fight aggressively to ensure you get the compensation you deserve. Schedule your personalized consultation to learn more. Call us at 847-934-6000 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.


Source:

https://www.canstar.com.au/car-insurance/what-emotions-to-expect-after-a-car-accident/

Are You Being “Low-Balled” by Your Insurance Company?

Web Admin - Monday, June 26, 2017

You pay your insurance premium religiously and on time because you know you need to protect your investment. Understandably, you expect your insurance company to pay when an accident or catastrophic incident occurs. Then you file the claim, and the offer that comes back seems low – not just a little low, but really low. What do you do? Hopefully, you recognize that your insurance company is low-balling you, and you reach out for legal assistance.


Low-Ball Offers Are Surprisingly Common

Although insurance companies are infamous for their feel-good, family-like slogans, they are for-profit businesses. They do not make their money paying out settlements. They collect premiums, bank on consumers not needing the policy, and employ various strategies to try and decrease the amount they pay out for each claim.

One of the most commonly used approaches is the low-ball offer. Most often, this strategy is employed by the adjuster responsible for handling your claim. Their hope is that you will take the offer they give you and cash the check. Thankfully, you do not have to accept this offer.

Fighting a Low-Ball Offer

There are many ways to fight against a low-ball offer, but assistance from an insurance dispute attorney is often more effective than facing it alone. Versed in the law and insurance claims, a lawyer can reduce the stress of dealing with the insurance company. They can review your case and ensure you have submitted all the appropriate documentation, which may have affected the offer you were given. Your attorney can also protect your interests and negotiate the most favorable settlement possible, sometimes without ever having to go through litigation.

Unfortunately, even attorneys can experience push-back from insurance companies. Thankfully, they have numerous tools and legal processes at their disposal. For example, your attorney may suggest filing a bad faith lawsuit to increase your settlement. (Bad faith is when an insurance company is failing to do its job. A bad faith lawsuit encourages them to do the right thing.) While it might not be the most appropriate path in every case, it could be an option for those who continue to experience low-ball offers, claim denials, and delayed processing of their claims.

Contact Our Rolling Meadows Insurance Dispute Lawyers

At Drost, Gilbert, Andrew & Apicella, LLC, we protect the rights of victims, including their right to pursue full and fair compensation. Dedicated and experienced, our Rolling Meadows insurance dispute lawyers can fight for you. Learn more about how we can assist with your case by scheduling a personalized, no-obligation consultation. Call 847-934-6000 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.


Source:http://articles.chicagotribune.com/1996-02-02/business/9602020322_1_adjuster-coalition-against-insurance-fraud-state-farm


Pedestrian Accidents – What Every Victim Should Know

Web Admin - Monday, June 12, 2017
Rolling Meadows pedestrian accident attorneysWalking is great for the body and environment, but it can also be extremely dangerous. In fact, thousands of pedestrians are injured or killed in accidents each year. Even worse is that pedestrian accidents are often caused by a negligent, drunken, or reckless driver. What can victims do to protect themselves, what sort of compensation might they be entitled to, and where can they find assistance? The following information explains.

Devastating Statistics

The National Highway Traffic and Safety Administration estimates that one pedestrian is injured in a traffic accident every eight minutes. On average, that amounts to about 70,000 injuries each year. Even more concerning is the number of pedestrian deaths – about one every two hours, or nearly 5,000 per year. That means pedestrian deaths account for almost 15 percent of all road fatalities every year. Statistics like this are not just concerning, they are outright devastating – not just to victims, but also their loved ones.

Examining the Impact

While the exact impact of a pedestrian accident will vary from one case to the next, there are some common consequences that victims and their families may experience. For example, those that suffer from an injury may have costly medical bills and they may miss time at work. In some instances, victims are injured so severely that they experience short-term, long-term, or even permanent disability.

When a victim is killed, their families lose the companionship of a loved one. The family may also lose the income of a provider, which can place them at risk for accident-induced poverty. There may also be final expenses that the victim’s family must cover. Examples might include medical bills, burial costs, and other final expenses.

Preventing Pedestrian Accidents

Although it might be impossible to completely eliminate the risk of an accident, pedestrians can protect themselves and reduce the risk while they are out and about. Start by following the rules of the road. Cross only at designated intersections, follow traffic signs, and walk on the sidewalk whenever it is available. If no sidewalk is present, walk on the shoulder, facing traffic. It is also suggested that you avoid using electronic devices while walking and that you wear bright or reflective clothing to increase your visibility.

Pursuing Compensation After an Accident

If you or someone you love has been injured or killed in a pedestrian accident, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Our Rolling Meadows pedestrian accident lawyers are committed to your best interests, and we will fight for the most compensation possible. Schedule a personalized consultation to learn more. Call 847-934-6000 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.cnn.com/2017/05/18/us/new-york-times-square-car-pedestrians/index.html

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812124

https://www.cdc.gov/features/pedestriansafety/

http://www.pedbikeinfo.org/data/factsheet_crash.cfm

Examining Illinois’ School Visitation Rights Act

Web Admin - Wednesday, May 31, 2017
Small businesses must overcome numerous obstacles if they wish to be successful. One of the bigger challenges is knowing what time off an employee may be entitled to under Illinois state law. The Illinois’ School Visitation Rights Act falls under this umbrella. The following information can help you learn what the Act covers, how to handle staffing issues that may arise because of it, and what the consequences may be for companies that fail to comply.

What the Law Protects

Employees who have children are typically required to attend a minimum of two parent-teacher conferences per year. Some children may have higher needs, either because of behavioral issues or special needs that require the use of Individualized Education Plans or other educational provisions. The School Visitation Rights Act provides employees with an allotted amount of time for attending these meetings, regardless of their regular work schedule (up to eight hours during any given school year, but no more than four hours on a single day).

Provided the employee follows the seven-day, advance written request requirement, employers must give this time off without retaliation. Further, employees are permitted to make up their time, whenever reasonable, on a different shift or day, during the same pay period. If making up the time is not reasonable, or the employee does not wish to do so, the employer is not required to pay for the allotted time off work. Made up time must be paid at the employee’s regular rate.

Dealing with Staffing Issues

Large corporations often have an easier time at accommodating many of the employment laws. Small businesses are often at a disadvantage – usually because they do not have the staff to cover an employee when the time is requested off. However, there are a few strategies that employers can use to mitigate against the issues.

Cross-training all employees, use of temp services, and filling the hours yourself are all plausible options that allow business to continue as normal. Just be aware of the laws that pertain to overtime pay and temp workers if you choose to utilize these options. Alternatively, the employer may wish to hire another employee on a part-time basis – one who can work as a fill-in when others need time off work.

Contact Our Long Grove Employment Law Attorneys for Your Small Business Needs

Illinois’ employment laws are constantly changing, and that can make staying compliant difficult for small businesses. Drost, Gilbert, Anderson & Apicella, LLC can help. Backed by decades of experience, our Long Grove employment law attorneys can assist with everything from the creation of employee handbooks to litigation. Schedule your consultation by calling us at 847-934-6000 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://chicago.cbslocal.com/2017/04/14/illinois-employment-law-101/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2409&ChapAct=820%A0ILCS%A0147/&ChapterID=68&ChapterName=EMPLOYMENT&ActName=School+Visitation+Rights+Act.



Illinois Wills and Trusts – The Use and Limitations of No Contest Clauses

Web Admin - Wednesday, May 24, 2017
Grief from losing a loved one can cause irrational behavior in even the most level-headed of people. When an inheritance is factored into the equation, arguments between family members can become downright volatile. In some cases, things can become so explosive that it irreparably damages relationships. This risk is why many people choose to create wills and trusts; they want to reduce the possibility of family strife. Unfortunately, it does not always work. Miffed family members can still contest a will or trust. An in terrorem provision may help. 

In Terrorem Provisions

An in terrorem provision, or a no contest clause, is sometimes used to discourage the contesting of a will or trust. It specifies that an heir may either lose their inheritance or receive only a nominal amount of money if they contest the validity of their loved one’s will or trust. Unfortunately, it is not always enough of a deterrent, and contests are still possible. 

Contests Can Still Occur

You can take all the right steps and put all the protective provisions in place, but you still cannot completely control what family members do once you are gone. Some may still contest the will, fully knowing they are at risk of losing their inheritance. Granted, individuals with smaller inheritances are far more likely to do so, but even those with a substantial amount to lose may consider the risk worth their potential gain. In some cases, that gain may not even relate to the inheritance; it could, instead, relate to getting “even” with a family member. 

Enforcement of No Contest Clauses in Illinois

An in terrorem provision is not much of a deterrent if it is not enforceable. Unfortunately, the law in Illinois is rather vague when it comes to the enforceability of no contest clauses. At least one court has overruled a no contest provision, stating that the contest was filed in good faith. However, that does not mean that all no contest provisions will be thrown out. Assistance from an experienced attorney can decrease the risk of language issues in your will or trust. As a result, your wishes are more likely to be honored by both your loved ones and the courts. 

Contact Our Arlington Heights Wills and Trusts Attorneys

If you fear family members may try to contest your will or trust and want to reduce the risk with an in terrorem provision, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Experienced and dedicated to preserving your estate, our Arlington Heights wills and trusts lawyers will carefully examine your situation to help you develop a creative and comprehensive solution. Schedule your consultation by calling 847-934-6000 today.

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.



Source:http://www.actec.org/assets/1/6/State_Laws_No_Contest_Clauses_-_Chart.pdf


Common Causes and Factors in Rollover Accidents

Web Admin - Wednesday, May 10, 2017
Rollover accidents are frightening, dangerous, and complex. They can also lead to serious or life-threatening injuries. In some cases, they may even cause short-term, long-term, or permanent disability. Learn more about the causes of rollover accidents, and what your rights as a victim may be, with help from the following information.

Some Vehicles are Prone to Rollover

Although any vehicle can experience a rollover accident, some are more prone to tipping than others. Generally, it is vehicles that are considered “top-heavy,” such as sport utility vehicles, minivans, pickup trucks, and full-size vans. These automobiles are narrower, taller, and have a higher center of gravity, which is why they are more susceptible to flipping in a crash.

Turns, Curves, and Uneven Road Surfaces

Turns, curves, and uneven surfaces, such as curbs and construction zones are also common causes of rollover accidents. The risk is even higher for vehicles that are prone to rollover. Sadly, this could come into play in situations involving construction zone negligence and negligence on the part of another driver. Examples might include swerving to avoid a drunk driver, running over a curb to avoid hitting a driver that suddenly swerves into the lane, or being side-swiped while attempting to make a turn.

Environmental Conditions

Driving in rain, sleet, snow, or other hazardous road conditions can also increase the risk of a rollover accident, especially for vehicles that are prone. To make matters worse, severe weather conditions increase the overall risk of a vehicle losing control because of their speed or maneuvers. In short, any driver that is negligent during such conditions is exponentially increasing the risk of accident death or injury to the drivers around them.

Drunk Drivers

Drunk drivers increase the risk of accident for every other driver on the road. They can also increase the risk of a rollover crash, especially for those driving vehicles that are prone to flipping. Unfortunately, some of these accidents end up being hit-and-run crashes, which can even further complicate matters. In these situations, it is crucial that you find experienced legal assistance with your claim.

How Our Arlington Heights Car Crash Lawyers Can Help

If you or someone you love has experienced a rollover accident, Drost, Gilbert, Andrew & Apicella, LLC can help. Dedicated and experienced, our Arlington Heights car accident attorneys will fight for your rights and best interest. We pursue the most compensation possible in every case. Schedule your consultation by calling 847-934-6000 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.


Source:https://www.safercar.gov/Vehicle-Shoppers/Rollover/Causes

A Will and Trusts Lesson from Some of the Greatest Music Legends

Web Admin - Wednesday, April 26, 2017
Illinois wills and trusts attorneysIf there is any one group of people who should have an estate plan in place, it is celebrities. Of course, like most people, celebrities become distracted with life or refuse to face the possibility of their own mortality. Should they continue to do so and pass away, their estate becomes at risk. Take, for example, the issues faced by the families of Bob Marley and Jimi Hendrix. Both were major music icons, both died without a will in place, and both left behind a frustrating mess.

Jimi Hendrix’s Estate

When Jimi Hendrix died in 1970, the entirety of his estate went to his father, Al Hendrix. When Al died in 2002, the estate then went to Al’s step-daughter, Janie Hendrix. Jimi’s brother, Leon, received nothing from the estate. Since then, the family has been in a long, grueling, and contentious family feud.

Some of the beneficiaries had asserted that Janie and Jimi had never had a close relationship and that she had no rights to the estate. There were also concerns over how she had managed the estate. At the end (2004), a judge determined that Janie had mismanaged the estate and breached her duty as a trustee. Even still, Leon received nothing more than the gold record that had been gifted to him by his father years before his death.

Bob Marley’s Estate

Bob Marley never saw himself as a “rich” man. In fact, he claimed not to have much in the way of assets during a 1979 interview with “60 Minutes.” What he failed to understand was that his legend would live on. Without rights to his image, trademark, and personality, the market would become a free-for-all. In some cases, the issue of selling merchandise would go beyond the capital money; it would be a matter of disgrace for those that loved and knew the legend best.

To stop the unabashed and insensitive manufacturing and sale of their loved one’s image, the family had to purchase rights to his image and trademark. Had Marley had the insight to understand the implications of passing away without a will, he might have better protected his family and his legacy.

Using a Will to Protect Your Legacy and Estate

Whether you have a sprawling estate worth millions, a legacy that needs to be preserved or only loved ones that you want to take care of once you are gone, draft a will. Schedule a consultation with the Long Grove wills and trusts lawyers at Drost, Gilbert, Andrew & Apicella, LLC and get started today. Call 847-934-6000.

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:http://www.billboard.com/articles/news/473231/the-business-of-bob-marley-billboard-cover-story
http://www.cnn.com/2004/LAW/07/13/hendrix/index.html?iref=newssearch
http://www.seattletimes.com/entertainment/music/latest-jimi-hendrix-family-feud-resolved-in-settlement/



Business Law Basics – What Every Small Business Owner Should Know

Web Admin - Wednesday, April 12, 2017
Schaumburg employment law attorneysWhen small businesses first start, they are often comprised of just one person – the owner – or a small group of similarly invested people. Eventually, though, they grow, and they need to look at adding more people. Once that happens, things start to change. More responsibilities are heaped onto the plates of the owner or partners, and they become liable for issues like workers’ compensation insurance and unemployment tax. Learn more about these small business laws, how they might apply to your company, and where you can find assistance in implementing them.

Fidelity Bonding in Illinois

The Illinois Human Rights’ Act limits what employers can ask about a potential employee’s criminal history, and how they can use the information they do obtain. The purpose of the Act is to provide better job opportunities to individuals with criminal records, but it can also place employers and their businesses at risk. To help mitigate this risk, the Illinois Department of Employment Security offers fidelity bonding – insurance that can protect the company from losses related to larceny, forgery, embezzlement, theft, and other acts of dishonesty. If you are planning to hire employees, you may want to consider this insurance.

The Unemployment Insurance Tax

The state of Illinois mandates that all employers who have at least one employee on at least one day within 20 weeks of a calendar year carry unemployment insurance. Failure to carry this insurance can result in serious consequences. For more information on this requirement and what it means, employers should contact an experienced Illinois business law attorney.

The School Visitation Rights Act

When a company hires someone for a job, they are hiring the entire person – their skills, experience, but also their issues and commitments. There are times this can be a good thing, but it can also seem like a major inconvenience. One prime example is when parents need to leave work or miss a day for parent-teacher conferences, behavioral meetings, or other educational conferences. The law allows a specific amount of time for this, and employers must comply. For more information, contact an experienced business law attorney.

Contact Our Schaumburg Employment Law Attorneys

If your small business needs help to expand, contact Drost, Gilbert, Andrew & Apicella, LLC. Backed by decades of knowledge and experience, we can guide you through the complexities of employment law so that you can maintain compliance. Learn more about how we can assist your company. Call 847-934-6000 and schedule an initial consultation with our Schaumburg employment law attorneys 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.


Source:

http://chicago.cbslocal.com/2017/04/14/illinois-employment-law-101/


Study Finds Anesthesiologists Are Underreporting Medical Errors

Web Admin - Wednesday, April 05, 2017
Rolling Meadows medical malpractice lawyersWhen a patient goes in for surgery, they may be filled with anxiety. Often, this fear is caused by the knowledge that they have no control over what is about to happen next. Instead, their fate is in the hands of the surgeon, nurses, and anesthesiologist. What happens when their worst nightmare comes true? Generally, the outcome depends on several factors, including whether or not fault can be determined. Sadly, a new report has indicated that anesthesiologists are underreporting their mistakes, which could leave some victims uncovered for compensable medical malpractice claims. Learn more about this potential risk, and how you may be able to mitigate against it.

Underreporting Among Anesthesiologists

Anesthesiologists are the doctors responsible for keeping patients asleep, without overdosing, while they undergo surgery. Unfortunately, medical errors are all too common for these healthcare professionals. In fact, a recent study found 238 instances of self-reported medical mistakes in 434,554 examined cases (only about 5.5 percent of 1,000 cases), yet other studies have determined that incidents are more in the range of one in 100 cases. In other words, the mistakes are not just frequent, but also grossly underreported.

Compounding Risks for Patients

Grossly underreported errors are not the only issue regarding potential medical malpractice injuries. The fact that patients rarely get a say in who their anesthesiologist will be, and may not even know them by name further compounds the risk. They are unable to screen out possible offenders to improve their safety. Further, if the error is not reported, it could be nearly impossible to pin down to a medication error or even a particular anesthesiologist.

Mitigating Against the Risks

If you have surgery planned and have not yet gone, you may be able to discuss your anesthesia options with your surgeon beforehand. Let them know what your concerns are, and request that you have time to meet with and research the anesthesiologist before your procedure. On the other hand, if surgery has already occurred and you or a loved one has suffered injury or fatality, the only risks you can mitigate against are those that may lead to a lack of compensation. In such situations, an experienced medical malpractice lawyer may be able to help.

Contact Our Rolling Meadows Medical Malpractice Lawyers

At Drost, Gilbert, Andrew & Apicella, LLC, we fight for the rights and best interests of medical malpractice victims. Seasoned and aggressive, we pursue the most favorable outcome possible in every case. Learn more about how our Rolling Meadows medical malpractice lawyers can help with your case. Call 847-934-6000 to schedule your initial consultation with us 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.


Source:

http://www.anesthesiologynews.com/Clinical-Anesthesiology/Article/04-17/Anesthesiologists-Found-Underreporting-Medication-Errors/40902

Your Personal Browsing History Could Be Sold or Traded to the Highest Bidder – How the Government is Letting Internet Companies Violate the Privacy Rights of Citizens

Web Admin - Tuesday, March 28, 2017

Joliet general practice lawyersAlthough the Constitution does not explicitly state you have the right to privacy, it does elude to such protection. The Supreme Court has also acknowledged that several amendments, when combined, create this right. What happens, though, when the government itself strips away that right? More importantly, what do you do when it is happening without your knowledge? 

It might sound a little far-fetched or a little like something out of a conspiracy novel, but it is a very real issue. In fact, it has been happening for some time now; internet companies have been allowed to sell, market, and trade your browsing history to advertisers and other relevant companies. What is worse, the Obama administration had set a law that would have stopped this trade and sale of your private information, but the Trump administration recently repealed that law, stopping it before it ever went into effect. 

What does this mean for you? Is there anything you can do to prevent it from happening? Perhaps, but perhaps not. At the very least, though, you should be aware of the issue. After all, a privacy violation of this magnitude should never be taken lightly. 

What You Need to Know 

Internet providers collect information about every person that uses the internet. They track what you are looking at, where you are, your shopping preferences, and other aspects of your daily activity. Most have stated that they will not share “sensitive information” about their customers without consent, such as your health or banking information, but this can often be determined from your browsing history. For example, if you look up a list of symptoms on the internet, your provider, and ultimately the companies they may sell your information to, may be able to deduce certain details about you and your life. 

Mostly, it seems that the information is used to tailor advertisements to your preferences. So, for example, if you look at a shoe shopping site, you might see ads for shoe companies while browsing the internet. The information could also be used to better understand how consumers use and shop on the web. However, there is no limit on what they can do with this information, nor is there anything to stop them from using or selling it. 

What Can You Do About It? 

Although privacy experts do not believe that the law would allow companies to sell your information with your name attached, none can say with certainty that it will not happen. The law is murky, at best. In fact, there is no way to even rule out the idea that the police or Federal Bureau of Investigation might not obtain your browsing data against you. In short, you could be tracked doing almost anything, and there is almost no limit to what can be done with that information. What is worse, there is no guaranteed way to keep this information private. Setting your browser to private will not do it, and virtual private networks (VPNs) have their downfalls; you need to know how to use them, and not all are as confidential as they claim to be. In short, do your homework before choosing one.  

Need Legal Assistance with an Important Matter? 

Contact Us Today At Drost, Gilbert, Andrew & Apicella, LLC, we recognize that the government, law enforcement, internet providers, manufacturing companies, insurance companies, and many other businesses and agencies ignore your rights. We are here to protect and uphold those rights. Whatever your legal needs, we will fight to preserve your best interest. Schedule a consultation with our Joliet general practice lawyers to learn more about how we can assist with your case. Call us at 847-934-6000 today.


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:

http://money.cnn.com/2017/03/24/technology/spying-companies-isp-senate-vote/?iid=EL

https://www.aclu.org/other/students-your-right-privacy

https://www.theguardian.com/technology/2017/mar/28/internet-service-providers-sell-browsing-history-house-vote





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