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 Funds held by an insurer may also generate interest until they are withdrawn.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.


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.


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.


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.


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.


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.


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