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How Can My Kids Be Injured By Defective Children’s Products?

Web Admin - Wednesday, May 15, 2019
Inverness defective products lawyer child injuryAs parents, we go to extraordinary lengths to keep our children safe, and we expect others to do so as well. The manufacturers of children’s products should take care to ensure that these items are safe for children and parents to use, and there are a multitude of laws in regulations in place that are meant to keep dangerous products from entering the market. Unfortunately, some companies fail to follow these regulations, or they commit oversights when rushing a product to market, and as a result, defective or dangerous products are sold to consumers.

Since children are especially vulnerable to harm, they can suffer serious injuries because of defective toys, clothes, baby care products, child safety products, and much more. The Consumer Product Safety Commission (CPSC) regulates most children’s products in the United States, and when dangerous products are discovered, the CPSC may require the company to recall the product.

Some recent recalls of children’s products include:

- Rocking infant sleepers - Two manufacturers have recalled all models of their infant rocking sleeper beds. Multiple babies died of suffocation after rolling onto their stomachs because they were not properly restrained while in these sleepers.
- Child bed canopies - A light-up canopy for children’s beds was recalled because the lights could overheat and cause the canopy to catch on fire, leading to serious burn injuries.
- Wooden toys - Multiple types of toys made of wood were recalled, because they contained small parts that could come loose and present a choking hazard for children.
- Clothing - Clothing manufacturers have recalled children’s sleepwear and bathrobes because they did not meet standards for flammability, causing the risk of serious burn injuries for children. Other types of clothing, such as jackets, snowsuits, and shoes, were recalled because of choking hazards from zippers or other components that could become detached.
- Bed rails - One company recalled portable rails for children’s beds because they could cause entrapment and suffocation for children.
- High chairs - One manufacturer recalled convertible high chairs because the legs could become detached, causing fall injuries that could result in brain injuries, broken bones, or dislocated joints for children.
- Baby carriers - A child carrier was recalled because of a defective clip that could cause dangerous fall injuries for babies.
- Bath seats - A support seat to use while bathing infants was recalled because it did not meet the standards for stability. The seats presented a drowning hazard because they could tip over, or a child could slip out of the supports.
- Playground equipment - Some playground parts have been recalled because gaps in railings or handholds are too large, presenting a risk of entrapment and strangulation for children.

Contact a Rolling Meadows Product Liability Lawyer


If your child has been injured while using a defective or dangerous product, the attorneys at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation from a negligent product manufacturer. We will fully investigate the circumstances of the injury and determine whether can recover damages because the product had a design defect or manufacturing defect or because the proper instructions or warnings were not provided. To schedule a free consultation, contact our Barrington personal injury attorneys 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.fatherly.com/gear/product-recalls-what-parents-should-know/
https://www.safekids.org/product-recalls
https://www.cpsc.gov/Recalls

Why Everyone Over Age 18 Should Have a Power of Attorney

Web Admin - Wednesday, April 24, 2019
Barrington power of attorney lawyerA power of attorney is one of the most basic, and yet most important, legal protections that every adult should have. A power of attorney (POA) is a legal document that gives another person the authority to act in your place when you cannot be physically present yourself or if you become incapacitated. There are two types of POA, for property and for healthcare. A power of attorney for property authorizes a designated person to handle your financial affairs, while a power of attorney for healthcare empowers your named representative to make medical decisions on your behalf. 

When Is the Right Time to Create a Power of Attorney?


Imagine that you are struck tomorrow by a catastrophic accident or sudden incapacitating illness. If you are married, your spouse should have access to your financial resources to pay for your medical care and the right to make medical decisions on your behalf. But consider what would happen if you are not married or if your spouse is incapacitated at the same time you are. Do you think your immediate family members would agree on who should take charge of your financial affairs and make medical decisions for you? Having a POA in place will head off disputes that could cause long-term rifts in a family.

Young adults often assume that their parents will be able to step in and handle everything in such an event. However, once you turn 18, your parents do not necessarily have the legal authority to access your medical records and bank accounts and to make healthcare and financial decisions on your behalf. 

Similarly, adults with aging parents may assume they can step in at any time and take over their parents’ affairs. However, why leave it to chance? Do you really want siblings fighting over who is going to take charge? Instead, encourage your aging relatives to sign powers of attorney while they are still competent to make that choice. The POA can be a first step toward creating a comprehensive will and estate plan.

What Does a Power of Attorney for Property Do?


You can create a very limited power of attorney document for a specific situation, such as authorizing your lawyer to handle a real estate closing for you when you cannot be present in person. More commonly, the purpose is much broader. A power of attorney document will specify a list of decisions that your designated representative can make on your behalf, such as selling your home; trading stocks, bonds, and other investments; collecting Social Security and other retirement benefits on your behalf; paying bills from your checking account; managing a trust account; and filing your tax returns.

What Does a Power of Attorney for Healthcare Do?


When you prepare a POA for healthcare, you can specify the powers that your designated representative will have and when those powers will take effect. The medical topics covered in a healthcare POA may include:

- Whether your POA will have full access to your medical records.

- Whether you want extraordinary measures taken to keep you alive as long as possible or instead wish to prioritize quality of life over length of life.

- In what type of circumstances you want life-sustaining treatment to be administered or withheld, or whether you would only like pain-relieving medication to be administered.

- Whether you want to be an organ donor upon your death.

- How you want your mortal remains handled upon your death, e.g., burial or cremation.


Consult a Schaumburg Power of Attorney Lawyer


An attorney can serve as a neutral third party when you need to convince an elderly relative to sign powers of attorney while they are still competent, particularly if you are assisting them with moving out of their home and into some type of assisted living facility. If you need a POA for yourself but are not sure what powers you want to grant your designated representative and when you want those powers to take effect, an experienced Palatine estate planning attorney can explain your options. Call Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 to set up 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=2113&ChapterID=60
https://www.isba.org/ibj/2015/04/estateplannersadoptandadaptnewhcpoa

Can I Sue a Bar or Restaurant for Drunk Driving Accident Injuries?

Web Admin - Thursday, April 18, 2019
Des Plaines drunk driving accident attorneyWhen a drunk driver seriously injures another person, the injured person can sue the drunk driver for compensation under Illinois’ personal injury laws. If the at-fault driver became intoxicated in a bar, the injured person may also sue the owner of that bar under state liquor liability laws, also known as dram shop laws. 

What Are Dram Shop Laws?


When a bar serves enough liquor to a patron to cause their intoxication, dram shop laws make the bar owner strictly liable to any person injured by the intoxicated patron. 

What Is the Illinois Liquor Liability Law?


Illinois is one of 38 U.S. states with dram shop laws. The Illinois Liquor Control Act (235 ILCS 5/6-21) states that anyone who is injured in Illinois by an intoxicated person can sue the establishment responsible for that person’s intoxication. That is, the injured person can sue the bar that sold or gave alcoholic beverages to the intoxicated person. 
 
The intoxicated person himself, however, cannot sue the liquor-serving establishment for injuries to himself or his own property, nor can their family make a claim for the loss of the intoxicated person’s support or society.

The Liquor Control Act also specifies limits on the amount of damages that an injured person can claim. These limits are updated annually based on inflation. For incidents occurring on or after January 20, 2019, the maximum compensation is $70,091.09 per person injured. The injured person’s immediate family can also claim loss of support or loss of society up to a maximum of $85,666.89. Each establishment holding a liquor sales license is required to have liquor liability insurance of at least $225,849.07.

What Do You Have to Prove to Win a Liquor Liability Case?


If you have been injured in a car crash caused by a drunk driver, you will need to prove three key points in order to obtain compensation under Illinois’ liquor liability laws:

- The person who injured you was served liquor at a specific bar.
- That person was served enough liquor at that bar to become intoxicated.
- That person, while still intoxicated, caused the car accident in which you were injured.

An experienced personal injury attorney will know how to investigate your case and gather the necessary evidence. 

For example, when police suspect that intoxication contributed to a car crash, they will typically order immediate blood-alcohol testing of the at-fault driver. That will establish the level of that driver’s intoxication. The police may also obtain verbal testimony from the at-fault driver and any passengers they were transporting, which could reveal where they had been drinking and how much alcohol was consumed.

If the police investigation does not reveal where the at-fault driver became intoxicated, a private investigation led by an experienced lawyer may turn up this information. For example, a drunk driver’s alcohol consumption in the hours just prior to a car crash could be documented through credit card transactions, cell phone tracking, security camera video, or eyewitness testimony from other patrons of the bar.

Consult an Aggressive Palatine Personal Injury Lawyer


If you or a member of your family have been injured or killed in a car crash involving a drunk driver, you may be able to claim compensation from more than one source. For a free initial consultation on your case, call an experienced Schaumburg personal injury attorney. Contact the law offices of Drost, Gilbert, Andrew & Apicella, LLC 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:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=023500050HArt%2E+VI&ActID=1404&ChapterID=26&SeqStart=8200000&SeqEnd=13600000
https://www2.illinois.gov/ilcc/News/Pages/2018-Dram-Shop-Liability-Limits.aspx

How to Get Fair Compensation for Truck Accident Injuries

Web Admin - Wednesday, April 10, 2019
Barrington truck crash attorneyHow many people do you think are injured or killed in car and truck crashes in the U.S. every year? In 2017, motor vehicle collisions injured over 2.7 million people and killed more than 37,000. 

The number of people killed in collisions involving large commercial trucks or semi-trailers rose 16% from 2016 to 2017, and the number of people injured rose 9%. In addition, the total number of large trucks involved in crashes rose 4% in 2017, while the total number of every other type of vehicle, from cars to motorcycles, declined.

Why Are Large Truck Crashes on the Rise?


Some experts blame the same government department that collects these statistics, the National Highway Transportation Safety Agency, for not taking tougher regulatory actions that could prevent more of these semi-truck crashes. In particular, the agency has been faulted for not requiring commercial trucks to have forward collision avoidance systems, which can help prevent trucks from rear-ending other vehicles on crowded highways.

Increasing highway congestion contributes to traffic slow-downs that make rear-end collisions and other accidents involving large trucks more likely. Some causes cited for this increased congestion include insufficient investment in the nation’s highway infrastructure over the past few decades and increased truck traffic related to online shopping. 

Chicago area highways are among some of the most overcrowded in the nation. The intersection of I-290 at I-90/I-94 near downtown Chicago is rated third among the 100 most congested truck bottlenecks in America. Other Chicago area locations making the Top 100 list are the spots where I-90 and I-94 split on both the north and south sides of Chicago.

What to Do if You Are Severely Injured in Crash With a Semi-Truck


It is entirely possible to be in a crash involving a tractor-trailer truck and not be injured, if the truck was braking and almost a stop when you are hit. If a driver of a fully loaded truck gets distracted, however, the consequences can be catastrophic. 

If you or a loved one has been badly injured or killed in a semi-truck crash, here are a few things you need to know. First, remember that many of these trucks are owned by huge companies that can afford the best lawyers, in addition to having the backing of a huge insurance company. Second, you may be pressured by a representative of the company to make a quick settlement when you are at your most vulnerable. 

Before you make any decisions, speak to an experienced personal injury attorney who can advise you about what your case may be worth. Do not make any decisions for at least a few weeks, until you know the full extent of your damages. Vehicle crash injuries can take years to recover from, and many people never fully recover. While a check for tens of thousands of dollars may sound great in the moment, your medical and lost-income expenses could far exceed that. 

However, do not wait too long; you have just two years from the date of the accident to file a legal claim for compensation.

Consult a Successful Arlington Heights Truck Crash Lawyer


To speak to a knowledgeable Palatine truck crash attorney, call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000. There is no charge for your initial case review.

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://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812696
https://atri-online.org/2018/01/25/2018-top-truck-bottleneck-list/

New Changes in the Multi-Board Residential Real Estate Contract 7.0

Web Admin - Friday, March 29, 2019
Inverness real estate contract lawyerWhen Illinois residents buy and sell homes, their real estate agents and lawyers generally use a standard form for the sales agreement, the 13-page multi-board residential real estate contract. The latest version, 7.0, should be used for all transactions initiated after March 1, 2019. It contains several important changes that make the contract easier to use than the 6.1e version that has been in use since 2015. 

Significant Changes in Real Estate Contract 7.0 versus 6.1e


The changes to the contract are mainly intended to help reduce errors and misunderstandings amongst all parties involved in a real estate sale. The most important changes that buyers, sellers, and real estate agents should be aware of are:

- Inspection contingency: Subparagraph (a) of the inspection paragraph has been rewritten to prevent buyers from demanding minor repairs. It now specifically states that minor repairs “shall not be a basis for the buyer to cancel” the contract. In addition, the seller can now terminate the contract and return the buyer’s earnest money if the buyer asks for repairs or credits unrelated to the major components of the property. 

- Financing contingency: The old Mortgage Contingency paragraph has been replaced by a Financing paragraph with a choice of three options: mortgage contingency, cash transaction with no mortgage, or cash transaction with mortgage allowed. The deadline for the buyer to serve notice that they did not get the specified mortgage is now fixed at either 45 days after acceptance or five business days before closing, whichever is earlier.

- Property tax representations: Two new seller representations have been added to the contract to better inform buyers about a home’s future property taxes. First, sellers must indicate if there are any home improvements that have not yet been assessed for property tax purposes, such as an addition or a new garage. Second, sellers must indicate if there have been any property improvements eligible for a home improvement tax exemption. 

- Attorney review: The language of this paragraph has been clarified so that any proposed change to the sales contract that references subparagraph (d) will be deemed a “proposal;” any other change will be deemed a counteroffer. A buyer or seller can void the contract due to disagreement over a counteroffer but not over a proposal. 

- Seller credits at closing: The paragraph stating whether the seller will pay the buyer’s closing costs has been moved from page 10 to page 1, so it is located near the purchase price.

- Fixtures and personal property included: Four more items were added to the list: hardscape, wall-mounted brackets for TV/AV equipment, water softener, and wine/beverage refrigerator.

- Foreign seller disclosure: If the seller is a nonresident alien or foreign corporation, this fact must be disclosed for federal tax reasons. 


Consult a Palatine Real Estate Lawyer


To ensure that your home sale and/or purchase proceeds smoothly and that your legal and financial interests are protected throughout the process, contact an experienced Arlington Heights real estate attorney by calling 847-934-6000. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will represent your interests in any real estate transaction. 

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.chicagorealtor.com/?s=new+residential+contract&submit=SUBMIT
https://chicagoagentmagazine.com/2019/02/04/understanding-biggest-changes-m…

What Kind of Damages Can I Claim in a Medical Malpractice Lawsuit?

Web Admin - Wednesday, March 20, 2019
Des Plaines medical malpractice lawyerWhen someone suffers a severe injury due to medical malpractice in Illinois, that person may claim two types of compensation from the medical professional or institution who committed the malpractice: 

- Economic damages, which compensate the patient for specific financial losses both past and future, such as medical expenses and lost earnings.

- Non-economic damages, which compensate the patient for physical and/or emotional pain and suffering, inconvenience, disfigurement, physical impairment, loss of consortium, and loss of enjoyment of life, per Illinois law 735 ILCS 5/2-1702.


Does Illinois Limit the Dollar Amount of Damages for Medical Malpractice?


Unlike some states, Illinois medical malpractice law places no limits on the amount of either economic or non-economic damages that you can receive in a lawsuit. However, the law does not allow the award of punitive damages, which are intended to punish a wrongdoer and discourage others from making the same mistakes, per Illinois law 735 ILCS 5/2-1115.

What Type of Medical Error or Injury Qualifies for Financial Compensation?


There are many times when medical treatments that do not have as good of an outcome as we had hoped. For example, a knee replacement surgery may not relieve as much of our pain or restore as much physical function as we had expected. A pain medication may not relieve all of our pain and may also have unpleasant side effects. This does not mean that medical malpractice has occurred. You can only claim medical malpractice when a doctor or other licensed medical professional fails to meet the generally accepted standard of care expected in a particular patient-care situation. 

For example, suppose a patient came into an urgent-care center saying that they think they broke their ankle when they fell off a ladder. The expected standard of care would call for an X-ray to be taken and, depending on the severity of the injury, the doctor might apply a cast or refer the patient to an orthopedic surgeon for an operation to repair the ankle. Now suppose that the treating physician did not order an X-ray, incorrectly interpreted the X-ray, or otherwise failed to treat the patient according to generally accepted standards. Let us further suppose that, as a result of the physician’s error, the patient’s ankle does not heal properly, leaving him with a permanent disability and unable to work in his former profession. Taken together, these circumstances suggest that this patient could win damages in a medical malpractice lawsuit.

Consult an Experienced Schaumburg Medical Malpractice Lawyer


If you have suffered a severe injury that you believe can be attributed to misdiagnosis, delayed diagnosis, surgical error, improperly prescribed medication, or other treatment which deviated from the generally accepted standard of care, consult a knowledgeable Arlington Heights medical malpractice attorney. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 for a no-cost 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/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+17&ActID=2017&ChapterID=0&SeqStart=17700000&SeqEnd=19900000
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115

What Does Comparative Negligence Mean in a Car Accident Lawsuit?

Web Admin - Monday, March 11, 2019
Barrington car accident attorney comparative faultThe question of comparative negligence--sometimes referred to as contributory fault--often arises in an Illinois personal injury lawsuit. If you are seriously injured as the result of another party’s negligence and awarded damages of $100,000, you would expect to receive $100,000. However, under Illinois’ modified comparative negligence law (735 ILCS 5/2-1116), the total amount of compensation you receive will be reduced by the percentage of fault attributed to you, up to 50 percent. For example, if you are awarded $100,000 but found to be 25% at fault for the events which caused your injuries, your award will be reduced to $75,000. If you are assigned more than 50 percent of the blame, you are barred from receiving any compensation.

How Comparative Fault Is Determined Under Illinois Law


Fault is determined based on the evidence and the law. For example, if you are properly stopped at a red light and are rear-ended by a speeding driver, you did not do anything wrong. The driver behind you failed to obey the speed limit and to slow or stop to avoid a collision, so they would be assigned 100 percent of the fault. 

If, however, you were in the process of changing lanes when you collided with a speeding driver, each of you might be assigned part of the fault. You had a duty to make sure the lane was clear before moving into it. The other driver had a duty to obey the speed limit and to slow down to avoid a collision if possible. 

When fault must be apportioned, your attorney will thoroughly study the events leading to your injury. This effort may include reviewing physical evidence, interviewing witnesses, studying police reports, gathering medical records, and consulting with experts. Most commonly, your lawyer and the defendant’s lawyer will discuss the evidence and come to an agreement about the amount of damages and the division of fault. If no agreement can be reached through negotiation, you will have to go to court.

In a court trial, your attorney will argue that the defendant’s negligence was the primary or sole cause of the events that led to your injuries. Under Illinois law (735 ILCS 5/2-613(d)), the burden is on the defendant to show how your own negligence contributed to your injuries and to argue what percent of the fault should be assigned to you. The jury--or, in the case of a bench trial, the judge--will then decide how the fault should be apportioned.

Consult an Experienced Palatine Personal Injury Lawyer


If you have been severely injured in a car accident or other incident resulting from another person or company’s carelessness, consult a knowledgeable Schaumburg civil litigation attorney for advice. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000. There is no fee for your 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/fulltext.asp?DocName=073500050K2-1116
http://www.ilga.gov/legislation/ilcs/documents/073500050k2-613.htm
http://www.illinoiscourts.gov/circuitcourt/civiljuryinstructions/10.00.pdf

Why Construction Subcontractors Should Avoid “Pay When Paid” Contracts

Web Admin - Thursday, February 28, 2019
Rolling Meadows civil litigation attorney breach of contractAs a construction subcontractor, you need to be careful about how your contracts are written, or you could expose yourself to substantial risk of non-payment. One particular clause to watch out for when signing a subcontractor construction contract is the clause which specifies the circumstances of payment, also known as a payment contingency clause. This provision may take the form of either “pay when paid” or “pay if paid,” and there is a meaningful legal difference between the two.

What Is a “Pay When Paid” Clause in a Construction Contract?


It is a generally accepted practice in the construction industry that a subcontractor gets paid only after the general contractor gets paid by the property developer. If a project developer fails to pay the general contractor on time or at all, the subcontractor is also at risk of being paid late or not at all, depending on how their contract is written.

Most state courts, including Illinois, have ruled that a “pay when paid” clause does not excuse the general contractor from paying subs in the event that the property developer does not pay the general contractor. Rather, a “pay when paid” clause may be interpreted as merely specifying an approach for the timing of payments, i.e., the number of days between the time when the general contractor receives payment from the property developer and distributes payments to subcontractors.

In contrast, a “pay if paid” clause is interpreted by the courts as meaning that subcontractors will not be paid unless and until the general contractor is paid by the property developer. This shifts the risk of non-payment from the general contractor to the subcontractor. As long as the contract language is precisely written and makes it clear that the subcontractor accepts the risk that they will not be paid if the general contractor is not paid, the courts will enforce a “pay if paid” clause. If there is any ambiguity, the courts could order payment to a subcontractor even if the general contractor is not paid.

Why Should Construction Subcontractors Object to “Pay If Paid” and “Pay When Paid” Contracts?


Because the general contractor controls access to the work, they often have the leverage to demand that subcontractors accept contingent payment clauses in their contracts. However, if you are a subcontractor, it is not in your best interests to accept a “pay if paid” or “pay when paid” clause in your contracts. You are legally obligated to pay for all of your equipment and labor expenses, so you need to protect your right to be paid by the general contractor in a timely manner. 

Because they are in direct contact with the property developer, the general contractor has a greater ability than a subcontractor to assess the property developer’s finances and ability to pay. Therefore, it is only right that the general contractor should bear the risk of late payment or non-payment by the developer.

Contingent payment clauses can make it harder for you to obtain payment if the property developer breaches their contract with the general contractor. Because your contract is with the general contractor, you have no standing to sue the property developer for failure to pay. Your only recourse is typically to secure a mechanic’s lien against the property developer. The Illinois mechanic’s lien act, 770 ILCS 60/21(e), specifically protects your right as a subcontractor to file a lien even if your contract with the general contractor has a payment contingency clause. 

Consult a Palatine Construction Contracts Lawyer


It is far more cost-effective in the long run to have a lawyer review your contracts before you sign them rather than to sue someone for breach of contract after a deal goes bad or to go after money owed to you by obtaining a mechanic’s lien. Call an experienced Arlington Heights civil litigation attorney at 847-934-6000 for a free initial consultation about your current legal needs. At Drost, Gilbert, Andrew & Apicella, LLC, we have the experience in both contract law and real estate law to support a wide range of legal needs for real estate developers and construction companies. 

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.constructconnect.com/blog/construction-law/legally-speaking-construction-contracts-pay-if-paid-pay-when-paid-clauses/
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077000600K21
https://www.natlawreview.com/article/construction-group-news-extremely-clear-pay-if-paid-clause-enforced

How to Obtain Compensation for a Head Injury Caused By Negligence

Web Admin - Thursday, February 14, 2019
Schaumburg brain injury attorneyAs recently as 20 years ago, if someone was struck on the head hard enough to become confused or unconscious, they might not even visit a hospital emergency room. A concussion was considered a relatively minor injury with only mild, short-term effects, such as a headache for a few days. Today, a concussion is considered a traumatic brain injury (TBI), and the potentially severe and long-term consequences of these injuries are much better understood. 

These consequences can include severe headaches, balance problems, cognitive difficulties, seizures, sleep disorders, and an increased risk of developing brain disorders such as Alzheimer’s and related forms of dementia, Parkinson’s disease, and Chronic Traumatic Encephalopathy (CTE). As a result, if you have suffered a head injury as a result of another party’s negligence, you may be entitled to substantial compensation.

Incidence and Causes of Traumatic Brain Injury


The U.S. Centers for Disease Control and Prevention (CDC) is a government agency charged with studying and making recommendations about serious health issues such as TBI. The CDC is still working on the development and implementation of a system to accurately measure the incidence of TBIs in the U.S., so the data available is currently rather limited.

During the years 2001 to 2010, the rate of emergency department (ED) visits for TBIs jumped substantially from 421 ED visits per 100,000 people in 2001 to 716 visits per 100,000 people in 2010. ED visits rose most dramatically after 2007, presumably due to increased media attention given to the long-term effects of concussions suffered by pro football players and members of the military. 

An estimated 1.7 million people suffer a TBI in the U.S. each year, while 5.3 million Americans currently live with a disability caused by a TBI. The leading causes of TBI are motor vehicle crashes, falls, and blows to the head involving an object or another person. Many falls and blows to the head result from sporting activities, and some are due to criminal assaults. Falls are most serious among people age 60 and older.

Compensation for Traumatic Brain Injury Caused by Negligence


In order to obtain compensation for a TBI, you must be able to show that you suffered serious injury as the result of an accident or event that can be directly attributed to someone else’s negligence. You generally must file a personal injury lawsuit within two years of the date of the accident (735 ILCS 5/13/202).

Here are a few examples of situations in which you might have a valid claim for damages resulting from a head injury:

- You sustained a concussion in a car crash caused by a drunk driver, and you have suffered lasting effects, such as severe headaches and memory issues.

- You suffered a TBI in a fall in a store, and the main reason you fell is that the store was negligent in maintaining safe conditions for their customers.

- You suffered a blow to the head during a fight in a bar in which the person who struck you behaved recklessly and intentionally.


Consult an Arlington Heights Head Injury Attorney  


If you have suffered a traumatic brain injury in a fall, collision, or other event caused by someone else’s negligence, it is important that you seek immediate treatment and diagnosis, as well as long-term care to document the full extent of your injuries. In order to file a claim for compensation from the negligent party, you will need evidence of their negligence as well as documentation of the specific injuries you sustained. 

To determine if you have a valid claim, consult with a knowledgeable Palatine personal injury lawyer. The law firm of Drost, Gilbert, Andrew & Apicella, LLC can help you obtain full and fair compensation for your injuries. Call 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.cdc.gov/traumaticbraininjury/get_the_facts.html
https://www.aans.org/Patients/Neurosurgical-Conditions-and-Treatments/Traumatic-Brain-Injury

Understanding the Discovery Process in Personal Injury Lawsuits

Web Admin - Thursday, February 07, 2019
Rolling Meadows personal injury lawyer discovery processIf you have suffered severe damages as a result of someone else’s negligence or malfeasance, you have the right to file a personal injury lawsuit to recover compensation from the at-fault party. In order to win your case, however, your lawyer will have to develop a strong set of facts and arguments through a legal process known as discovery

For example, if you are injured in a collision involving your car, an SUV, and a large commercial truck, some of the questions that will have to be investigated and argued include:

- What percentage of the fault for the collision should be attributed to each party involved in the crash, including the company that owns the commercial truck and employs its driver? 

- Exactly what physical injuries did you suffer as a result of the collision? 

- What are your reasonable medical expenses to recover from those injuries?

- Did the accident leave you with any permanent disfigurement or disability? 

- What other damages did you suffer, such as emotional trauma requiring psychotherapy or lost income from being unable to work?


The legal process through which the parties to a lawsuit exchange information and answer questions such as these is called discovery. Discovery has two phases: sharing of written documents and oral interviews known as depositions.

Written discovery typically involves three types of documents:

- Interrogatories - These are essentially questionnaires submitted by one party in the lawsuit to be answered in writing by another party. The questions may be as simple as asking for names, contact information, and relevant insurance information for everyone involved in the accident.

- Requests for production of documents - The other side may request documents such as your medical records, medical bills, records pertaining to your vehicle, and any photographs you may have of the accident scene, your vehicle, and your injuries. Your lawyer may, in turn, request such information from other parties to the lawsuit.

- Requests for admission - This document spells out certain facts of the case and asks that the other party admit or confirm that these facts are

true, so that these facts do not have to be further investigated or proven in court. For example, in an auto accident case, the request might seek to confirm the details of a negligent party’s personal liability insurance coverage, obtain an admission that they were not carrying out duties for an employer at the time of the accident, and seek an admission that it was their negligence that caused the crash.

The purpose of the written discovery phase is to lock down all possible evidence related to your case, including any evidence that the opposing parties may use to support their position. For example, there is typically an insurance company involved, and their objective will be to minimize the scope of your damages and thereby minimize the compensation they have to pay you. 

Depositions


Once written discovery has been completed, your legal team will use that information to ascertain the questions they want to ask in the oral interrogation phase known as depositions. Depositions are expensive, so your legal team will want to prepare a very focused list of questions to ask in each interview. Depositions are made under oath and are generally video-recorded and transcribed. 

You may be surprised to learn that the discovery process in a personal injury case can take as long as six months to a year. While this may seem like a long time to wait for a settlement, a thorough discovery process is crucial to prove who was at fault and demonstrate the full extent of your damages. Most cases are won or lost in discovery, and most cases are settled based on the information that comes out of the discovery process, saving you the additional time and expense of a trial.

A Schaumburg Personal Injury Attorney

  
If you have been injured in a car crash or other accident that was not your fault (or at least less than 50% your fault), be sure to select a Palatine personal injury lawyer who has the skill and experience to handle the discovery process for your type of case and advocate vigorously on your behalf. Contact us 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:
http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_II/ArtII.htm#206

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