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 Funds held by an insurer may also generate interest until they are withdrawn.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

About 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.investopedia.com/articles/personal-finance/121914/life-insurance-policies-how-payouts-work.asp
https://www.quotacy.com/how-do-life-insurance-payouts-work/

Riding 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.

About 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.chicagotribune.com/news/ct-chicago-dooring-cyclist-report-met-20170426-story.html
https://www.dnainfo.com/chicago/20170426/portage-park/bicycle-dooring-accidents/
https://data.cityofchicago.org/Transportation/Traffic-Crashes-Crashes/85ca-t3if

Selling 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.

Sources:
https://www.homelight.com/blog/closing-checklist/
https://www.zillow.com/sellers-guide/closing-on-house-for-seller/
https://www.realtor.com/advice/sell/what-to-expect-at-the-closing/

Any 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.

About 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.ncbi.nlm.nih.gov/pmc/articles/PMC4160669/
https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/810741

As 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.

About 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/safety-topics/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x140.pdf

Car 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.

About 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=023500050K6-21
https://illinoiscomptroller.gov/agencies/resource-library/statutorily-required/dram-shop-liability-limits-2005-2018/
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/150.00.pdf

When you purchase food at a grocery store or restaurant, you expect it to be safe to eat. Unfortunately, cases occur all too often in which foods containing pathogens are provided to consumers, resulting in serious diseases and even death. A currently-ongoing case involving romaine lettuce illustrates the dangers of contaminated foods, and people injured by food poisoning should be sure to understand their options for recovering compensation under product liability laws.

E. Coli Contamination

An outbreak of food poisoning from romaine lettuce contaminated with E. Coli began in March of 2018. In the ensuing weeks, 149 cases have been reported across 29 states (including Illinois), with 64 people being hospitalized and one person dying so far. These cases were linked to lettuce grown in the Yuma, Arizona region, and the strain of E. Coli in this case is especially virulent, resulting in a high rate of complications.

The Centers for Disease Control (CDC) has advised consumers to avoid eating any romaine lettuce, including whole heads or hearts, bagged lettuce, organic romaine lettuce, and salads containing mixed greens, unless they can confirm that the lettuce was not grown in the Yuma region. While some restaurants and grocery stores have announced that the lettuce they are selling or serving is not from the Yuma region, consumers may prefer to avoid romaine lettuce altogether. People should also be aware that rinsing or washing lettuce is not an effective way to remove E. Coli.

The strain of E. Coli in this case is known as a Shiga-toxin producing E. Coli (STEC). After consuming STEC, symptoms will typically occur within three to four days, and they may include severe stomach cramps, bloody diarrhea, and vomiting. This strain has been shown to result in hemolytic uremic syndrome, a life-threatening form of kidney failure.

Contact a Palatine Personal Injury Attorney

Food poisoning from contaminated foods can lead to severe, life-threatening illnesses that can have long-lasting effects on a person’s health and well-being. If you have contracted E. Coli or another disease after eating food bought from a restaurant or grocery store, you may be able to recover financial damages from the party or parties who were responsible. At Drost, Gilbert, Andrew & Apicella, LLC, our Des Plaines product liability lawyers can help you understand your rights and options, and we will advocate for you to receive the compensation you deserve for the damages you have suffered. Contact us at 847-934-6000 to arrange a personalized consultation.

About 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/ecoli/2018/o157h7-04-18/index.html
https://www.consumerreports.org/e-coli/romaine-lettuce-e-coli-cases-climb-what-you-need-to-know/
https://www.cnn.com/2018/05/09/health/romaine-e-coli-outbreak-spreads/index.html

When purchasing real estate property, most homeowners obtain a mortgage, which provides them with certain legal protections, including in the case of foreclosure. However, following the financial crash of 2008, many potential homeowners have purchased homes through installment contracts (also known as rent-to-own agreements), allowing them to live in their home and pay down the purchase price over time.

These types of agreements provide low-income homeowners or those who are unable to qualify for a mortgage with the ability to purchase their own home. However, since the seller retains the title of the home until all payments have been made, some predatory sellers may use rent-to-own agreements to take advantage of buyers, especially if they fail to disclose issues related to property maintenance or building code compliance.

Changes to Illinois Law Regarding Installment Contracts

On January 1, 2018, a new state law went into effect that is intended to provide buyers with protections in an installment sales contract (often referred to as an Installment Contract for Sale of Real Estate, Articles of Agreement for Deed, or Installment Agreement for Deed). The Illinois Installment Sales Contract Act applies to sellers who sell three or more residential real estate properties in a single year, and it does not apply to agricultural property that is larger than four acres. The law contains the following new provisions:

- A seller must record a contract with the county recorder of deeds within 10 days of the sale of the property. If the contract is not recorded, the buyer can rescind the contract, and the seller must provide them with a refund of all payments made.

- A contract must contain a statement in large, bold type that informs the buyer of their right to obtain a home inspection and/or appraisal from a third party before signing the contract.

- If a building on the property has been condemned, the contract must contain a statement in large, bold type informing the seller of this fact.

- A contract must include a statement of what repairs the buyer is responsible for making to the property. The seller is responsible for making any repairs not included in this statement.

- If a buyer defaults on any payments, they have 90 days to make payments and cure the default before the seller can bring any action against them. If a buyer cannot cure the default, the seller must refund them any money they spent to perform repairs on the property.

- If a buyer defaults after paying at least 20% of the property’s purchase price, the seller must follow foreclosure procedures in order to evict the buyer from the property.

Contact an Inverness Real Estate Attorney

If you are planning to use an installment contract to buy or sell a home, an experienced attorney can review your contract to ensure that your rights are protected and that the correct legal procedures are followed. To schedule a personalized consultation, contact a Mount Prospect real estate lawyer at 847-934-6000.

Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3813&ChapterID=62
http://www.ilga.gov/legislation/publicacts/100/PDF/100-0416.pdf
https://www.isba.org/ibj/2017/10/lawpulse/newlawprotectsrealestatepurchaserswhobuy

While few people like to think about death, the fact remains that everyone will die at some point, and many people make plans for this eventuality and ensure that their loved ones will be provided for after their death. A life insurance policy can offer peace of mind in this regard, providing the promise that one’s family members will receive benefits after their death. However, it is important to be aware that insurance companies may deny life insurance claims for a variety of reasons, including:

- Unpaid premiums - If a person fails to pay the premiums on their policy, the policy may lapse, and the insurance company may terminate the policy and deny any claims. However, insurance companies are required to send notice to a policyholder and provide a 30 day grace period before canceling a policy.

- Type of death - Some policies include exclusions for deaths that occur in certain situations. For instance, many policies exclude suicides from coverage for a certain period of time, and policies may also contain exclusions for a death which occurred as an act of war or when a person was participating in high-risk activities such as skydiving or mountain climbing. A claim may also be denied if someone died while participating in criminal activity.

- Health issues - Life insurance policies often contain a period of contestability, which is usually the first two years after the policy was initiated. If a person is found to have certain health issues, such as high blood pressure, after dying within the contestability period, the insurance company may deny the claim.

- Living outside the U.S. - Many policies only provide coverage if a policyholder is living in the United States at the time of their death.

The primary reason claims are denied is because of material misstatements made by a policyholder on their life insurance application. These types of statements may include incorrect or omitted information about a person’s health, including any chronic conditions, unhealthy habits (such as smoking), or other medical issues. To avoid the denial of a claim, it is important to be truthful on an application and provide complete answers to all medical questions.

Contact a Buffalo Grove Life Insurance Attorney

When your family has a life insurance policy, you expect to be able to receive the benefits from this policy in the event of a family member’s death. If your claim has been denied, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your rights and work to ensure that you receive the benefits you deserve. Schedule a personalized consultation with an Arlington Heights insurance dispute lawyer today by calling 847-934-6000. 

The death of a loved one is devastating for a family. In addition to the grief that family members experience, they will often struggle with financial difficulties, especially when the deceased person is a family’s primary income earner. These issues become even more difficult when the death could have been prevented or occurred because of someone’s negligent or careless actions. When family members are working to put their lives back together after a tragic loss, they should be sure to understand their options for pursuing compensation through a wrongful death lawsuit.

Illinois Wrongful Death Laws

According to Illinois law, wrongful death occurs when a person’s death is caused by someone’s wrongful or negligent acts. Acts are considered negligent if the victim could have pursued a personal injury lawsuit against the liable party or parties had they not died. A liable party may be an individual person or a company or corporation.

A personal representative of the deceased person may file a wrongful death lawsuit on behalf of the person’s surviving family members, and damages recovered are for the “exclusive benefit” of those survivors. Wrongful death cases have a two year statute of limitations in Illinois (that is, a lawsuit must be filed within two years of the date of death), although this statute of limitations is extended to five years (or one year after the final disposition of a criminal case) if the death was caused by “violent intentional conduct” such as murder, voluntary or involuntary manslaughter, or reckless homicide.

Wrongful Death Damages

A wrongful death lawsuit can seek to recover damages from the party responsible for the death, and these damages may be economic or non-economic. Types of damages include:

• - Medical expenses - A family may be compensated for the costs of hospitalization, surgery, or any other medical treatment the deceased person received before their death.
• - Burial expenses - Compensation may include funeral costs and any expenses related to the disposition of the deceased person’s remains.
• - Lost income - One of the primary types of economic damages families experience is the loss of the income earned by the deceased person, as well as any benefits they received. Wrongful death compensation can address these damages, providing a family with the financial means to meet their ongoing needs.
• - Emotional damages - A family may be able to receive compensation for the grief and sorrow they experience because of the loss of their loved one.
• - Loss of society - In addition to economic damages and emotional harm, a family will be deprived of their relationship with their deceased loved one, and they may be compensated for the loss of love and companionship, as well as the education, instruction, or services which the deceased person would have provided for their family.

Contact a Barrington Wrongful Death Lawyer

If your family member has died because of someone’s actions or negligence, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for filing a wrongful death lawsuit. We will work to help you receive the compensation you need to address your financial difficulties and emotional suffering. Contact an Inverness personal injury attorney at 847-934-6000 to arrange a personalized consultation.

About 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
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf