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What Is a Mechanic’s Lien?

Web Admin - Wednesday, March 21, 2018
Inverness real estate lien attorneyIn any real estate transaction, there are a variety of legal issues that can arise that will affect the parties’ ability to complete the sale. If there are any encumbrances on the property, they will restrict the owner’s ability to transfer the title. Mechanic’s liens are one type of encumbrance that people may not be aware of, and property owners should be sure to understand how these liens can affect them.

Mechanic’s Liens in Illinois

A mechanic’s lien can be placed on a property by a contractor, subcontractor, or supplier if they were not paid for improvements which were made to the property. This could occur because a contractor was not fully paid for the work they did or because a contractor failed to pay a subcontractor or supplier. A mechanic’s lien is a cloud on title that must be resolved before the property can be sold or refinanced.

In Illinois, a contractor must file a mechanic’s lien within four months after the work was completed. A subcontractor must record a lien within 90 days of the date that they last worked on the property. A claim must include a statement of the work performed according to the contract, the amount due to the claimant, and a description of the property. A claimant must file a lawsuit to foreclose on the lien within two years after the completion of work. If the lawsuit is successful, the claimant will be entitled to receive the amount due, as well as interest at the rate of 10% per year.

Subcontractors must meet some additional reporting requirements before they can file a mechanic’s lien. Within 60 days after commencing work on the property, they must provide a notice to the property owner specifying the name and address of the subcontractor, the type of work to be performed or the materials to be provided, the date work began, and the name of the contractor who hired the subcontractor. 

A mechanic’s lien can be removed when the claimant releases the lien, usually after receiving payment. If a claim has been filed, but a lawsuit has not been commenced, a property owner can serve notice to the claimant requiring them to file a lawsuit within 30 days, and if the claimant fails to do so within that period, they will forfeit their rights to the lien.

Contact a Schaumburg Real Estate Attorney

If you need help resolving issues related to mechanic’s liens or other encumbrances during a real estate transaction, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you meet your legal requirements and work with you to complete your transaction successfully. Contact our Rolling Meadows real estate lawyers today 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:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2254&ChapterID=63
http://www.gorequire.com/blog/understanding-mechanics-liens-what-they-are-and-how-they-impact-property-title

Common Causes of Dangerous Truck Accidents

Web Admin - Wednesday, March 14, 2018
Schaumburg truck accident attorneyDriving is such a commonplace activity that many people do not consider the risks inherent in operating a vehicle. While modern automobiles have a wide variety of safety features, they can only do so much to protect drivers and passengers in a collision, especially when large vehicles such as semi-trailer trucks are involved.

Due to their massive size and weight, accidents involving tractor-trailer trucks can be especially deadly. Every year, there are an average of almost 4,000 deaths and 100,000 injuries in truck accidents in the United States. Many of these accidents are preventable, and people who have been injured in these types of collisions should be aware of the reasons these accidents can occur and understand their options for receiving compensation for their injuries.

Factors Leading to Truck Crashes

Drivers of commercial vehicles such as semi-trailer trucks must obtain a commercial driver’s license (CDL), and they must follow certain rules and procedures when operating their vehicles. Trucking companies must also meet certain requirements, including keeping equipment maintained and following proper safety procedures. When drivers or their employers fail to follow the correct procedures or act in violation of the law, they put other drivers, pedestrians, bicyclists, and anyone using the road in danger. 

Some of the most common reasons that truck accidents occur include:

  • - Driver fatigue - When truck drivers are on the road for over eight hours, their likelihood of becoming involved in an accident doubles. Unfortunately, many of these drivers regularly drive for longer than is safe, often due to encouragement or even requirements from their employers, and their fatigue can lead to deadly accidents.
  • - Equipment problems - Tractor-trailer trucks have a large amount of equipment that must be properly maintained, and failure to perform regular maintenance can lead to tire blowouts, engine failure, brake failure, detached trailers, or steering problems, all of which can cause accidents. Failure to properly secure loads can lead to shifting cargo that can cause a driver to lose control of their truck, and objects which fall from trucks can cause serious injuries to other drivers.
  • - Driver error - Truck drivers who drive at excessive speeds, follow too closely behind other vehicles, make improper or unsafe lane changes, fail to slow down or stop in time, run their vehicle off the road, or fail to properly account for road conditions or weather risk the safety of everyone around them.
  • - Distracted driving - Attempting to make a phone call or texting while driving is dangerous for any driver, but especially so for truck drivers. These drivers are often prone to distraction from a variety of sources, including radios or equipment used to log the time and distance they have driven.
  • - Intoxicated driving - The legal limit for blood alcohol content for commercial drivers is .04%, as opposed to .08% for other drivers. Truck drivers must take extra care to avoid impairment from alcohol, prescription medications, or other drugs. Unfortunately, these drivers often use stimulants or illicit drugs to combat fatigue, and impairment from these drugs can cause deadly collisions.

Contact a Palatine Truck Accident Attorney

If you have been injured in a truck accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you pursue compensation for the damages you have suffered, including the costs of medical care, lost income from missed work, and pain and suffering. Contact a Schaumburg personal injury lawyer by calling 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.fmcsa.dot.gov/safety/research-and-analysis/large-truck-crash-causation-study-analysis-brief
https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2015
http://www.trucking.org/ATA%20Docs/News%20and%20Information/Reports%20Trends%20and%20Statistics/02%2012%2013%20--%20FINAL%202013%20Car-Truck%20Fault%20Paper.pdf
https://www.truckdrivingjobs.com/faq/truck-driving-accidents.html

Understanding Workers’ Compensation Disability Benefits

Web Admin - Friday, March 09, 2018
Schaumburg workers' comp benefits attorneyWhen a person is injured while they are working, they are entitled to workers’ compensation benefits that will cover the costs of medical care and any required rehabilitation. In addition, they may be eligible to receive disability benefits to compensate them for income lost while they were unable to work or for any impairment to their ability to earn an income in the future. In Illinois, there are four different types of disability benefits:

  • - Temporary Partial Disability (TPD) - This type of disability applies when a worker is only able to work part-time or in a position that provides reduced pay while they are recovering from their injuries. They will be eligible to receive benefits of two thirds (66 2/3%) of the difference between their income prior to the injury and the income they earn in their reduced capacity.
  • - Temporary Total Disability (TTD) - If a worker is unable to work for at least three days while they are recovering from their injuries, they will be eligible to receive TTD until they are able to return to work. TTD benefits are two thirds (66 2/3%) of their average weekly wage, and this amount is increased by 10% for their spouse and each of their children (up to a maximum of 100%).
  • - Permanent Partial Disability (PPD) - An employee who suffers a permanent injury, such as hearing loss or the amputation of a limb, is eligible to receive PPD. Depending on the body part and the level of impairment, they will be able to receive compensation of 60% of their average weekly wage for a certain number of weeks of work. This percentage is increased by 10% for a worker’s spouse and each of their children (up to a maximum of 100%).
  • - Permanent Total Disability (PTD) - This type of disability applies when an employee is permanently and incurably injured and unable to return to work. They will receive two thirds (66 2/3%) of their average weekly wage for the rest of their life, with this amount being subject to cost of living adjustments each year. 

Contact an Arlington Heights Workers’ Comp Attorney

Injuries that impair a person’s ability to work and earn an income can be devastating to a family’s finances. However, if these injuries occurred while a person was working, workers’ compensation benefits can provide them with the resources they need to make a recovery and continue providing for their family. If you have been injured while working, the skilled attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you file a workers’ compensation claim and ensure that you receive the benefits you deserve. Contact our Palatine personal injury attorneys 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.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68
https://www.thebalance.com/types-of-workers-compensation-benefits-4047799

Distracted Driving Leads to Increased Risk of Car Accidents

Web Admin - Tuesday, March 06, 2018
Arlington Heights distracted driving accident lawyerThe dangers of distracted driving are well-known in the United States, but even though many states have passed laws against texting or using a cell phone while driving, people across the country continue to put themselves and others at risk. The statistics are sobering; in 2016, 3,450 people were killed in car accidents involving distracted driving, making a total of 9.2% of all car crash fatalities. Every day, at least eight people are killed and more than 1,000 people are injured in these types of accidents. Yet despite the obvious danger of distracted driving, studies have shown that approximately 660,000 people use cell phones or electronic devices while driving on a daily basis.

The Risks of Distracted Driving

Modern cell phones are powerful computers that provide their users with the ability to easily look up information and communicate with others, and the ease of using these devices makes it tempting for people to do so while they are behind the wheel. While some people may believe that they are able to multitask and use a cell phone or complete other activities while driving, these types of distractions cause extreme danger to everyone who uses the road.

Use of electronic devices while driving is especially dangerous because it causes three separate types of distractions:

  1. 1. Visual distractions, in which drivers take their eyes off the road and are not aware of what is happening around their car.
  2. 2. Manual distractions, in which drivers take their hands off the steering wheel and are not in full control of their vehicle.
  3. 3. Cognitive distractions, in which drivers take their attention off their surroundings and are unable to quickly react to changing traffic conditions or hazards.

If a driver is traveling at 55 miles per hour, and they take their attention off the road for five seconds to read or send a text message, this is the equivalent of driving the length of a football field with their eyes closed. 

Keeping one’s full attention on the road is incredibly important, but many drivers fail to do so. Distracted driving extends beyond the use of electronic devices; many drivers are distracted by adjusting their radio or environmental controls, eating and drinking, grooming, or communicating with passengers.

Contact a Schaumburg Distracted Driving Car Accident Attorney

Drivers who use cell phones or otherwise take their attention off the road while driving put themselves and everyone around them in danger. If you or a family member have been injured in a car accident that was caused by distracted driving, the skilled attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you recover the compensation you deserve for the damages you have suffered. Contact our Barrington personal injury attorneys 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.fcc.gov/consumers/guides/dangers-texting-while-driving
https://www.cdc.gov/motorvehiclesafety/distracted_driving/
https://www.ghsa.org/issues/distracted-driving


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