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4 Steps to Follow After a Car Accident Injury in Illinois

Web Admin - Thursday, October 17, 2019
Palatine car accident attorneyBefore a motorist or passenger gets into a vehicle, the possibility of a car accident must be taken into consideration. Victims of a fender bender may need to deal with pain and suffering, financial repercussions, and medical complications. If the crash can be attributed to the negligence of another individual, compensation may be owed to the injured parties. A lot of confusion may result after an accident, leaving the wounded parties unsure about how to proceed. These steps can provide guidance and clarity to anyone involved in a car accident: 

1. Think About Safety


Immediately following an accident, the safety and well-being of yourself and your passengers should be addressed. If a serious injury has occurred, try to remain still until medical assistance arrives. If possible, try to move your car to the side of the road with your hazard lights on, and the use of cones, warning markers, or flares could provide additional safety. After addressing your own safety concerns, you may want to check on the welfare of others involved in the accident.

2. Seek Help


Whether the crash is a minor accident or a major collision, you should contact the police to report the incident. Police officers will come to the scene of the crash and provide an incident report that can help establish who is at fault. Additionally, the presence of law enforcement may deter the person responsible for the collision from fleeing the scene.

Visiting a hospital or seeing a doctor following a collision can ensure that you receive the proper medical treatment, and it can provide insight about how the accident may affect your long-term well-being. Car crashes can result in serious injuries that might remain dormant for an extended period of time. Seeking medical help will create a record of your injuries that can determine how your life will be affected.

3. Exchange Information and Gather Evidence


While waiting for law enforcement to arrive, the following information should be exchanged between everyone involved in an accident:
- Names and contact information
- Vehicle descriptions (make, model, year)
- License plate and driver's license numbers
- Insurance information

You should also obtain any evidence that could be used to determine fault for the collision, including:

- Eyewitness contact information and statements
- Pictures of the scene
- Pictures of any damage to vehicles
- Pictures of any injuries sustained
- The police officer’s name and badge number

Furthermore, it is important not to sign any documents other than what is requested by the police. Do not accept payment from another driver or sign any statements regarding fault for the accident.

4. Contact a Schaumburg Personal Injury Lawyer


While you will likely be able to make an insurance claim with the other driver’s insurance company or under your own policy, you should contact an attorney before speaking to an insurance company. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you determine the full extent of your damages, and we can negotiate a settlement with insurance companies to ensure that you are fully compensated for your injuries and damages. If necessary, we can help you file a personal injury lawsuit to recover the compensation you deserve. 

A car accident injury can result in loss of future wages, unforeseen medical expenses, and physical and emotional pain and suffering. If you have been injured because of another driver’s negligence, our experienced Palatine car accident attorneys will work with you to seek the compensation you are owed. For a free initial consultation, contact our office today at 847-934-6000. 

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.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx
https://www.statefarm.com/claims/claims-help/auto/how-to-handle-an-accident

How Does the Illinois Trust Code Affect Trustees and Beneficiaries?

Web Admin - Wednesday, September 25, 2019
Long Grove estate planning lawyer Illinois Trust CodeMany people utilize trusts to protect and manage their assets and ensure that these assets are properly distributed to their beneficiaries either before or after their death. However, the laws regarding trusts are changing. Effective January 1st, 2020, the Illinois Trust Code (ITC) will be replacing the current Illinois Trusts and Trustees Act. The ITC is linked in certain ways to the Uniform Trust Code (UTC), which is an arrangement of laws designed to establish consistent trust laws between different states. Before the ITC is implemented, trust makers and trustees may need to review their current trusts and determine how the changes to the law may affect them. 

New Default and Mandatory Rules


When a person creates a trust, they place their assets in the control of a trustee, who will oversee the process of managing these assets and distributing them to the beneficiaries according to the terms defined in the trust. The ITC specifies a number of rules that must be followed regarding trusts. While a trust may provide a trustee and beneficiaries with certain rights, powers, duties, limitations, and immunities, the ITC states that:

- A trustee must act in good faith.
- The trust must be lawful and cannot violate public policy.
- A trust may nominate one or more people to serve as the designated representative of a qualified beneficiary, and this representative must act in good faith in the best interests of the beneficiary.
- A trust may not be enforced for more than 21 years.
- The court is granted the power to modify or terminate a trust.
- Spendthrift provisions can be authorized by the court.
- A person who is acting as an agent in a power of attorney must have express authorization in order to act on behalf of a trust settlor. 
- The court may adjust the compensation provided to a trustee if it is deemed to be too high or low.
- A trustee must notify each qualified beneficiary of the trust’s existence, the beneficiaries’ right to a copy of the trust, and whether the beneficiary can receive or request trust accountings. 
- A trustee must send an annual trust accounting to the current beneficiaries.
- A trustee must send a trust accounting to all of the beneficiaries upon the termination of a trust.
- If a trust contains terms waiving a trustee’s liability for breaching the terms of the trust, these terms may be unenforceable.

Contact a Schaumburg Estate Planning Lawyer


The ITC may have significant implications for currently-established trusts, as well as for trusts that are created in the future. Before the ITC is enacted, discussing your questions and concerns with an experienced Arlington Heights trusts attorney could help ensure that your rights as a trustee or beneficiary are protected. At Drost, Gilbert, Andrew & Apicella, LLC, we can help you address any legal issues related to trusts, or we can help you create a trust to protect your assets and distribute them to your beneficiaries. To further discuss your specific situation, contact our office today at 847-934-6000 for a free initial 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/ilcs5.asp?ActID=4001&ChapterID=61

How Does Illinois Law Address Wrongful Death?

Web Admin - Tuesday, September 17, 2019
Barrington wrongful death attorneyThe death of a loved one can be very difficult, and it can affect an entire family. In addition to causing a great deal of emotional pain, the death can have a large financial impact as well, and family members may struggle to pay for medical care that was needed for their loved one, address funeral and burial expenses, and meet their own ongoing needs after the loss of an income provider. These issues can be hard to overcome in any circumstances, but they can be even more challenging if the death could have been avoided. A wrongful death may occur because of improper acts or negligence by others, and in these cases, family members may choose to seek financial damages from the party who was responsible. 

Common Causes of Wrongful Deaths


The Centers for Disease Control and Prevention (CDC) has reported that in 2017, nearly 170,000 people died from unintentional injuries. The most common types of injuries are accidental poisoning, motor vehicle accidents, and falls. While not all of these cases may have been considered wrongful death, a large portion of them could have been prevented, and negligent parties such as drivers, product manufacturers, or property owners may have been responsible. In addition, a study by Johns Hopkins Medicine concluded that more than 250,000 people die each year because of medical malpractice. In these cases, family members may be able to pursue compensation for a death that occurred because of the negligence of medical professionals.

How Do I File a Wrongful Death Claim in Illinois?


The Illinois Wrongful Death Act allows surviving family members of a wrongfully killed individual (typically a spouse or next of kin) to pursue monetary compensation from the person or company that was responsible for the death. A civil lawsuit may be filed, and if the defendant is found liable for the death of the victim, damages may be awarded to the surviving family members.

The compensation provided to the family members may include multiple types of damages. In addition to paying for the actual costs surrounding the death, such as any medical treatment received and expenses for the victim’s funeral or burial, the defendant may also be required to repay the family for the income lost because of the death, the loss of companionship, and the grief, sorrow, and mental suffering they have experienced. If compensation is awarded by the court, or if the parties reach a settlement agreement, the amount recovered will be distributed by the court to the surviving spouse and next of kin. 

Contact a Deer Park Wrongful Death Lawyer


If you are coping with the loss of a loved one that occurred because of someone else’s negligence, you should be sure to understand your options for pursuing financial compensation. The compassionate attorneys at Drost, Gilbert, Andrew & Apicella, LLC can provide you with the legal help you need during these difficult times. Our experienced Crystal Lake personal injury attorneys will work to ensure that you receive the compensation that addresses the emotional and financial harm your family has suffered. Contact our office at 847-934-6000 to schedule a free initial 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=2059&ChapterID=57
https://www.cdc.gov/nchs/fastats/accidental-injury.htm
https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

Can I Pursue Compensation if I Am Injured on Someone Else’s Property?

Web Admin - Thursday, September 12, 2019
Rolling Meadows property owner liability attorneyA property owner is responsible for taking reasonable care to protect the safety of those who are allowed to be on their premises. If a personal injury occurs because of a property owner’s negligence, the victim may be able to receive compensation for the damages they have suffered. Potential premises liability claims may range from a broken seat causing trauma at a movie theatre to a person being injured in a slip and fall accident at an individual's home. An injury sustained from an unsafe or defective condition on someone else's property is the root cause for a premises liability claim. 

When Is a Property Owner or Occupant Liable?


According to Illinois law (740 ILCS 130/2), a property owner or tenant has a “duty of care” to ensure that those who enter their property are safe from harm. This duty applies to people who are legally allowed to enter the premises, and a property owner may be liable for injuries or damages which occur if they did not take reasonable care to correct hazards or provide warnings about potential dangers. However, the owner or tenant is not required to: 

- Provide warnings about conditions on the property that are already known by the guest or which are “open and obvious.”

- Alert visitors about hazards that unknown to the owner or occupant.

- Advise visitors of any threats resulting from the improper use of the property or protect against injuries that occur as a result of this type of misuse.

Steps to Take After an Accident


If an injury occurs at a business or another person's residence, victims should take steps to protect their ability to pursue compensation. If possible, the injured party should document the area in which the incident took place. This may include taking pictures or videos or getting statements from any witnesses. Gathering evidence as soon as possible is crucial, because the property owner could try to correct the hazard after the incident in order to avoid being held liable. 

Victims should refuse any payments or compensation offered by the liable party at the time of the accident, because these payments are likely to be far less than the actual costs of medical treatment and other damages resulting from the injury. It is also important to receive medical care for an injury as soon as possible. This will provide evidence of the full extent of the injuries, ensuring that proper compensation can be recovered.

Contact an Arlington Heights Premises Liability Lawyer


If you have been injured while on someone else’s property, you may be able to recover compensation by showing that the owner or tenant’s negligence was the direct cause of your damages. The knowledgeable Inverness personal injury attorneys at Drost, Gilbert, Andrew & Apicella, LLC can investigate the circumstances of your injury and help you determine your best options for receiving the compensation you deserve. Contact our office at 847-934-6000 to schedule a free initial 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=2048&ChapterID=57

What Should Be Included in a Living Will?

Web Admin - Thursday, August 15, 2019
Schaumburg living will lawyerWills are part of the estate planning process, an area of law that is sometimes underused or is not completed before emergency strikes. Generally, wills come into effect after a person passes. They outline how an individual’s estate and assets will be divided, who will carry out their last wishes, and who will take on the responsibility of caring for their minor children. Living wills are also meant to plan for emergencies, but they work in a different time frame and serve a different purpose.

Why Create a Living Will? 


Living wills are created to address what should happen in the case of a terminal illness or life-threatening injury. This type of will comes into effect when someone cannot make medical decisions for themselves, has a terminal condition, or is in a vegetative state. In other words, a living will is effective during a person’s lifetime, not afterward. Because such traumatic events are unpredictable, many individuals will formulate a living will which allows them to make decisions about the medical treatments they do or do not want to receive, and they can make these choices when they are still mentally and physically capable of doing so. These legal choices and directions are also known as advance medical directives, and they tell physicians and family members what to do in emergency situations.

What Can a Living Will Decide?


Living wills outline what type or level of care a person would like in the instance of medical emergencies. These options typically include:

- Use all treatments available to try and save their life;

- Try all treatments, but stop them if they do not work within a certain time period;

- Only utilize treatments that do not cause discomfort or pain; or

- Only provide care to help ease the pain, but no treatments that are intended to save or prolong the person’s life.

While almost every type of treatment can be addressed in a living will, there are a few specific treatments that are included in most living wills because they greatly impact a person’s quality of life. Individuals often decide whether or not they would like to allow tube feeding, life support, and/or cardiopulmonary resuscitation (CPR). Those who do not wish CPR to be used can also sign a Do Not Resuscitate (DNR) order and add this to their living will. This will ensure that no artificial means of resuscitation will be used, even if it would be necessary to live. A power of attorney is another legal document that can be tied to a living will. This grants a person the permission to carry out the legal decisions that they have outlined when they are unable to make these decisions for themselves.

Contact an Arlington Heights Attorney


Creating a living will should not be left for times when you are facing health difficulties. Instead, it should be done while you are physically and emotionally capable of doing so. Estate planning may seem like an area of law that should be left for the future, but medical emergencies can never be predicted. At Drost, Gilbert, Andrew & Apicella, LLC, our lawyers have experience with all areas of estate planning, and we can help you keep your present and future best interests a priority. If you are considering creating a living will, contact our Palatine, IL estate planning attorneys at 847-934-6000 to schedule a free 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/l/livingwill.asp
https://www.drugs.com/cg/living-will.html
https://work.chron.com/power-attorney-do-9474.html

How Can Construction Site Fall Injuries Be Prevented?

Web Admin - Friday, July 26, 2019
Inverness constrution site injury lawyerSome occupations are inherently more dangerous than others. Workers in the construction industry face some of the highest risks of suffering on-the-job injuries; in fact, the Occupational Safety and Health Administration (OSHA) reports that more than 20% of the work-related fatalities that occurred in 2017 were suffered by construction workers. Of those deaths, nearly 40% occurred in falls. 

Due to the risk of fall injuries at construction sites, OSHA has put a wide variety of regulations in place to help protect workers. Employers are required to follow these standards when implementing fall protection systems. The three most common systems used when a person is working at least six feet above a lower level are:

1. Protective barriers - Guardrails may be installed at the edges of walking surfaces or roofs, and the top rail of a barrier should be 42 inches above the surface where a person walks or works. A guardrail must be able to withstand at least 200 pounds of force.

2. Harnesses - A worker may use a fall arrest system that consists of a harness that is connected to an anchor point, and these systems must keep a worker from falling more than six feet or coming into contact with a lower level. Any snaphooks or connectors used must prevent a worker from becoming disengaged from the harness or the anchor point.

3. Nets - Any safety nets used should be installed as close as possible below a working or walking surface, up to a maximum of 30 feet below the level. Depending on the vertical distance below the working level, a net should extend 8-13 feet horizontally from the edge of the working surface. Nets should be regularly tested, inspected, and kept free of tools or materials.

Other fall protection systems that may be used include:

- Warning lines - A barrier made of ropes, wires, or chains may be installed around all sides of a roof to warn workers that they are approaching the edge of the roof or to designate an area in which workers are not required to use guardrails, harnesses, or safety nets.
- Hole covers - Any holes in working or walking surfaces, including skylights, should be covered to prevent a worker from falling into the hole. Holes should also be protected by guardrails, or workers should use safety harnesses.
- Controlled access zones - Certain types of work may be allowed to be performed in areas where traditional fall protection systems are not used. Control lines should be used around the boundaries of these areas, and only approved workers should be permitted to access these areas.
- Safety monitors - In areas where low-slope roofing work is being done, a person may be designated as a safety monitor, and this person will provide warnings to workers when they are acting unsafely or are unaware of fall-related hazards. This person should be on the same walking or working surface as other workers and be able to communicate with them verbally, and they should not have any other duties which distract from their function as a safety monitor.

Contact a Buffalo Grove Workplace Fall Injury Attorney


Workers who have suffered fall injuries at a construction site may be eligible to receive workers’ compensation benefits, and they may also be able to pursue compensation from any responsible third parties through a personal injury lawsuit. If you have been injured in a fall while working at a construction site, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you determine whether you are eligible to file a workers' comp claim. Contact our Barrington workplace injury lawyers at 847-934-6000 to schedule a free 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.osha.gov/oshstats/commonstats.html
https://www.osha.gov/Publications/OSHA3146.pdf

Why Distracted Driving Can Lead to Serious Car Accident Injuries

Web Admin - Friday, July 19, 2019
Buffalo Grove car accident attorney distracted drivingThe risk of getting in a car accident is something that affects everyone who uses the roads throughout the United States, and because of the potential for serious injuries or death, it is important for everyone to drive carefully and follow the laws. Unfortunately, distracted driving is one way in which many people threaten the safety of others, and this practice is alarmingly common and dangerous.

The Dangers of Multi-Tasking While Driving


Driving a car or truck is a common, everyday activity for most people. Adults who have spent a large amount of time behind the wheel may slip into “autopilot” and stop paying close attention to what is happening on the road around them. This problem is compounded if they attempt to do other tasks while driving, such as making a phone call, reading or sending a text message, looking up information on a smartphone, checking a navigational system, changing stations on the radio, adjusting climate controls, eating or drinking, or talking to passengers. 

While people may believe that they can safely “multi-task” and divide their attention between driving and other activities, this can be incredibly dangerous. Any distractions can cause a driver to miss important signals that could help them avoid danger. Multi-tasking while driving is dangerous for the following reasons:

- Performing two activities that require thinking greatly increases a person’s reaction time. For example, if a person is talking on the phone while driving, a significant part of their brain is focused on the conversation rather than on the road. The time it takes for the brain to switch between talking and reacting to sensory input will result in an increased reaction time. Even a difference of a split second can cause a driver to be unable to react in time to avoid colliding with another vehicle or a pedestrian.
- Talking on a mobile phone reduces a driver’s field of perception. Studies have shown that when a person is speaking, even if they are using a hands-free device, their visual field is reduced by up to 50%. This could result in them not seeing pedestrians, traffic lights, or obstacles on the road.
- Even if a driver only uses a cell phone or other electronic device while they are stopped at a red light, this still can cause dangerous distractions. Studies have shown that when someone sends a text, this causes them to be distracted for up to 27 seconds after doing so. By this time, the light may have changed, and other vehicles or pedestrians around the vehicle may have begun moving. Mental distractions that occur while navigating an intersection can lead to serious injuries.

Contact a Des Plaines Car Accident Lawyer


Even though the dangers of talking on a phone or texting while driving are well-known, many people continue to risk the safety of those on the road around them. If you or a member of your family have been injured by a distracted driver, contact our Rolling Meadows personal injury attorney today by calling 847-934-6000 to schedule a free 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/tools-resources/infographics/great-multitasking-lie
https://www.nhtsa.gov/risky-driving/distracted-driving

Can I Pursue Compensation After Using Baby Powder Containing Asbestos?

Web Admin - Friday, July 12, 2019
Des Plaines defective products lawyer baby powder asbestosAt some point in their lives, most people have probably used some form of baby powder, and this product has been a staple of many American families for decades. However, recent reports have found that what appeared to many to be a safe and useful substance may actually have posed a cancer risk. If you have become ill after using baby powder, you should work with a product liability attorney to determine whether you may be eligible to receive compensation.

Reports of Asbestos in Johnson & Johnson Baby Powder


Baby powder is typically composed of talc, and depending on the manufacturer, this talc is mined from a variety of places around the world. Talc that has come from some of these sources has been found to contain tremolite, a form of asbestos that occurs naturally. Baby powder manufactured by the company Johnson & Johnson is one such product that has been found to contain asbestos. As a result, the company is facing thousands of lawsuits alleging that their product has caused harm. In March of 2019, a jury in California awarded $29 million to a woman who claimed that her cancer was caused by use of Johnson & Johnson’s products, and in 2018, a group of women in Missouri were awarded $4.69 billion because they contracted ovarian cancer after using baby powder.

The Johnson & Johnson case is particularly striking, because investigations have found that the company has known about the potential danger of asbestos in its products for decades. While Johnson & Johnson has claimed that it took steps to ensure that its baby powder is asbestos-free, internal company documents have been uncovered showing that personnel were aware of the risks of asbestos, and data was allegedly misrepresented when reporting the results of product tests to the FDA.

Mesothelioma Resulting from Asbestos Inhalation


Asbestos is known to be incredibly dangerous, and when it is inhaled, it can lead to mesothelioma, a form of lung cancer. When asbestos becomes embedded in the lining of a person’s chest cavity, it causes this lining to become unable to absorb fluids. This leads to a buildup of fluid in a person’s lungs, which can cause tumors to grow in the diaphragm and chest. It is also likely to lead to congestive heart failure.

Contact a Schaumburg Dangerous Products Attorney


If you have contracted mesothelioma, ovarian cancer, or any other harmful medical condition after using baby powder, the skilled Palatine product liability lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation. We will work with you to determine the full extent of your damages, establish liability on the part of a negligent product manufacturer, and take legal action to ensure that you recover damages that fully address the harm that was done to you. Contact us at 847-934-6000 for a free 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.reuters.com/investigates/special-report/johnsonandjohnson-cancer/https://www.reuters.com/investigates/special-report/johnsonandjohnson-cancer/
http://fortune.com/2019/03/15/cancer-asbestos-johnson-jnj-baby-talcum-powder-trial/

5 Tips For Non-Traditional Families When Creating an Estate Plan

Web Admin - Friday, June 28, 2019
Barrington estate planning lawyer same sex couplesToday’s families come in many forms. In fact, there are fewer “traditional” families than ever in which two opposite-sex parents are married for the first time and have children together. Since divorce is common, and couples often choose to live together and have children without getting married, many families include step-parents and step-children. In addition, the legalization of same-sex marriage has resulted in complex family arrangements involving biological children and adoptive children. Regardless of how a family is configured, it is important to plan for the future and ensure that all family members’ needs will be met. For non-traditional families, it is important to consider the following during the estate planning process:

1. Update your will - Your last will and testament specifies how you want your assets to be distributed to your heirs after your death and any other last wishes. You will want to be sure that your will addresses your partner, your children, your step-children, and any other family members.

2. Create a trust - In addition to your will, a trust can provide more control and flexibility for how you would like your assets to be distributed to your beneficiaries. A living trust can be changed or modified if necessary, and it can also be used to provide for your and your partner’s needs during your life.

3. Use power of attorney - While married spouses have the right to make decisions for each other, this is not always true for unmarried couples. A power of attorney agreement can be used to ensure that partners will be able to make medical or financial decisions for each other if one of them becomes incapacitated.

4. Consider a prenuptial or postnuptial agreement - When you get remarried, your new spouse will typically be entitled to receive half of your estate following your death. A prenup or postnup can ensure that certain assets will be set aside for any children you may have from a previous marriage or relationship.

5. Address plans for retirement - If you have any retirement funds saved in an account such as a 401(k) or IRA, you will want to be sure to name beneficiaries who will receive these funds following your death. You can name your spouse or partner as a beneficiary, as well as any children or step-children.

Contact a Kenilworth Estate Planning Attorney


When creating a comprehensive estate plan, you will want to be sure all of your family members will be provided for. Determining how to do so when you are in a non-traditional family can be a complex matter, and an experienced attorney can help you address issues involving same-sex partners, children from previous marriages, adoptive children, or other family members. Contact our Riverwoods estate planning lawyer today at 847-934-6000 to schedule a free 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://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1773&context=sulr

What Are the Top Causes of Bicycle Accidents in Illinois?

Web Admin - Friday, June 14, 2019
Palatine bicycle accident lawyerIn the Chicago area and throughout the United States, many people enjoy traveling by bicycle. Whether they are commuting to and from work, getting exercise, or simply enjoying the outdoors, bicyclists have a right to use the roads, and drivers of cars and trucks should take care when driving around bicycles. Unfortunately, many drivers fail to do so, and bicyclists are likely to be seriously injured in bike accidents which occur when a bicycle is struck by a motor vehicle. In these cases, victims should work with an attorney to establish liability for their injuries and pursue financial compensation for their damages.

Common Causes of Bike Accidents


Driver negligence is often to blame for bicycle accidents. This negligence can take a variety of forms, including:

- Distracted driving - Even a momentary lapse in concentration can cause a driver to fail to see a bicycle on the road around them. Unfortunately, drivers can be distracted by talking or texting on a cell phone, adjusting a car’s radio or navigation system, talking to passengers, or eating and drinking. Taking one’s attention off the road is a dangerous form of driver negligence that can lead to serious injuries for a bicyclist.

- Drunk driving - Driving while intoxicated by alcohol or drugs is a crime, and it can drastically impair a driver’s ability to operate their vehicle safely. Alcohol use affects a person’s coordination, reaction time, and judgment, and it is likely to cause a driver to be unable to avoid striking a bicycle.

- Aggressive or reckless driving - Some drivers do not like to share the road with bicycles, and they may drive too close to bicycles or fail to respect their right of way. In addition, bicycle accidents often occur when a driver proceeds through an intersection without looking or changes lanes or makes a turn without checking their blind spots. Drivers may be held responsible if they injure bicyclists due to their failure to follow the rules of the road.

- Dooring - Bicyclists can be seriously injured if a driver or passenger of a parked car opens their door into the bicycle’s path. This can occur when a bike is in a lane of traffic or a bike lane, and it can cause serious injuries if a cyclist is thrown from their bicycle.

Contact an Inverness Personal Injury Attorney


If you have been injured while riding a bicycle because of negligence by the driver of a car or truck, you may be able to receive compensation that includes the costs of medical treatment, income lost due to disability, and pain and suffering. At Drost, Gilbert, Andrew & Apicella, LLC, we can provide you with dedicated legal representation in your personal injury case. Contact a Deer Park bicycle accident lawyer today at 847-934-6000 to schedule a free 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.nhtsa.gov/road-safety/bicycle-safety


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