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Marijuana a Rising Factor in Personal Injury Cases

Web Admin - Monday, September 17, 2018
Des Plaines marijuana product liability lawyerNow that 30 states (including Illinois) have legalized marijuana for medical use and nine also allow recreational use, the number of personal injury lawsuits involving cannabis is growing.

Background on the Cannabis Market


Over 100 distinct chemicals, broadly termed phytocannabinoids, are present naturally in the cannabis plant. Currently, two of the best-understood cannabinoids are THC, the psychoactive ingredient that produces a euphoric sensation, and CBD (cannabidiol), which has demonstrated pain-relieving, inflammation-reducing, neuro-protective, and cancer-fighting properties.

As scientists learn more about the way cannabinoids affect the human body and discover new applications for these chemicals, the variety of products made from cannabis is increasing. In fact, the U.S. market for legal cannabis is expected to grow 17% per year through 2028, reaching nearly $50 billion in annual sales. In comparison, U.S. wine sales are estimated at $65 billion. 

With such rapid growth, mistakes are bound to be made, and injuries are likely to result. 

Potential Grounds for Cannabis Personal Injury Lawsuits


Here are a few situations that could be grounds for a personal injury lawsuit against a marijuana producer/distributor: 

- Failure to warn of risks. If a cannabis product has the potential to impair a consumer’s ability to drive, or if it could affect a person’s thoughts or behavior in other ways that could prove dangerous, the packaging should provide appropriate warnings. If such warnings are not provided, and someone suffers an injury as a result, the producer/distributor could be sued for negligence and required to pay compensation to the victim. 

- Misleading or false advertising. If a producer says (in advertising, on packaging, or otherwise) that their product will provide a particular benefit, and the product fails to perform as promised, a consumer could file a lawsuit on the grounds of breach of contract or breach of warranty. 

- Product contamination. Many states do not yet have laws regulating the use of pesticides, fungicides, and other chemicals on marijuana crops, nor adequate procedures to enforce such regulations or test for toxins. Many lawsuits have resulted from contaminated consumables in other industries (e.g., E. coli in ground beef), and there have already been lawsuits against marijuana producers alleging harmful contamination. 

- Unsafe packaging. Marijuana products containing THC should be provided in packaging that is both child-resistant and tamper-evident, just as is required for other medicinal products that have a potential to cause harm. Portion sizes and the amount of THC per portion should also be made very clear on product labels. Defective packaging and foreseeable misuse could become grounds for a lawsuit. 

While the probability of a fatal overdose is near zero, marijuana is an intoxicant, and overconsumption can have serious consequences. Because of the potential for personal injury lawsuits, many states are requiring marijuana businesses to purchase liability insurance, so that funds will be available to compensate consumers for injuries caused by cannabis products.

An Arlington Heights Personal Injury Lawyer Can Help


If you or a loved one has been harmed by a medical cannabis product, consult an experienced Palatine personal injury attorney to discuss the details of your case and possible options for recovering compensation. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC provide skilled representation, working to protect your rights when you have been harmed by an unsafe product. Contact us at 847-934-6000 to schedule a 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.products-liability-insurance.com/7-areas-ripe-marijuana-litigation/
https://www.marijuanaventure.com/examining-product-liability/
http://fortune.com/2018/08/22/legal-marijuana-market-size/
https://www.cdc.gov/marijuana/health-effects.html

Recovering Compensation for Dog Bite Injuries

Web Admin - Thursday, August 23, 2018
Schaumburg dog bite injury lawyerPets are an important part of many people’s lives, and dogs, cats, and other animals are often considered to be full-fledged members of their families. However, as much as we love and bond with our pets, it is important to remember that they are animals, and situations can arise when they harm someone. Dog bites are unfortunately common, and those who are injured in these and other types of animal attacks should understand how Illinois law applies to their situation as they determine how to recover compensation for the harm they have suffered.

Liability and Compensation for Dog Bites in Illinois

The Illinois Animal Control Act states that when a dog or other animal bites or attacks someone, the animal’s owner is liable for the damages that were caused. Unlike some states, Illinois uses a “strict liability” standard when it comes to dog bites, meaning that an owner is liable for the injuries caused by their dog, regardless of whether they were aware that the dog was dangerous or had aggressive tendencies.

There are two exceptions to this liability standard. A dog’s owner may be free from liability if:

A person was injured after provoking the dog.
A person was trespassing or was not legally allowed to be in the location where the attack occurred.

Types of Dog Bite Damages

Those injured by dog bites should understand the extent of the damages they may be able to recover. These include:

Medical bills - Dog bites can result in a wide variety of serious injuries, including lacerations, broken bones, puncture wounds, injuries to the eyes or face, or severe scarring and disfigurement. An injured party should be able to recover the full costs of medical care, including any ongoing rehabilitation.
Lost income - If a person was unable to work while recovering from their injuries, or if the injury resulted in disability that affected their ability to earn an income, they may be able to recover these losses.
Pain and suffering - An injured person and their family may experience a great deal of physical and emotional pain as they make their recovery, and financial compensation can help them overcome these difficulties.
Property damage - If an animal attack resulted in torn clothing or damage to jewelry or other belongings, the victim should be compensated for these losses.

Due to the strict liability standard, Illinois has one of the highest rates of animal attack claims in the United States, second only to California. State Farm reported that it paid more than $14 million in dog bite claims in 2016, with an average of $43,000 per claim.

Contact an Arlington Heights Dog Bite Injury Attorney

If you have been the victim of a dog bite or other animal attack, you should work with an attorney to determine your best options for pursuing the financial compensation that will help you recover from your injuries. At Drost, Gilbert, Andrew & Apicella, LLC, our Crystal Lake personal injury attorneys will help you recover the full and fair compensation that you deserve. Contact us at 847-934-6000 to schedule a 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=051000050K16
https://www.isba.org/ibj/2017/06/lawpulse/illinoisleadsthepackindogbiteclaims

Pursuing Compensation in Car Accidents Involving Self-Driving Vehicles

Web Admin - Monday, August 20, 2018
Crystal Lake autonomous vehicle accident attorneyNew technologies seem to appear on a daily basis, promising to improve our lives in a variety of ways. However, we must often weigh the benefits of these new developments with the risks they bring. Self-driving cars are one notable example of this type of technology. While autonomous vehicles may provide their owners a great deal of convenience, many people are concerned about whether they improve safety on the road or present risks to drivers, passengers, and pedestrians. In addition, when a self-driving vehicle is involved in a car accident, people who are injured may have difficulty determining how to recover compensation.

Legal Issues in Self-Driving Car Accidents

People who are injured in car accidents have the right to pursue financial compensation from the party or parties who were liable for their damages (which may include the costs of medical care, lost income due to missed work, property damage, and pain and suffering). Typically, a person must show that their injuries occured because of someone else’s negligence. In most cases, the liable party is a driver who was not following the rules of the road or operating their vehicle safely.

Self-driving cars are likely to make the identification of liable parties more complicated. In some cases, an injured person may be able to bring a product liability lawsuit against the vehicle manufacturer or the developer of the software used to control the vehicle. However, a variety of factors can affect liability, such as whether a human driver was partially in control of a self-driving vehicle or whether a company that operates autonomous vehicles for hire can be considered a liable party. 

Contact a Schaumburg Car Accident Lawyer

94% of car accidents are caused by driver error, and proponents of self-driving cars believe that these vehicles can significantly reduce the number of accidents that occur. However, it is impossible to completely eliminate the possibility of accidents, and since self-driving cars are a new technology, the laws regarding how accidents involving these vehicles should be handled have not been fully defined. This means that those injured in an accident with an autonomous vehicle are likely to face some legal obstacles when they attempt to recover damages.

If you have been injured in a car accident involving a self-driving car, whether as a driver, passenger, or pedestrian, it is important to work with an attorney who can help you determine your best options for pursuing compensation. The Barrington personal injury lawyers of Drost, Gilbert, Andrew & Apicella, LLC can help you understand the legal issues involved in your accident and help you receive the compensation you deserve from any and all liable parties. Call our office at 847-934-6000 to arrange a 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://fortune.com/2018/04/25/self-driving-car-accident-fault/
https://www.theatlantic.com/technology/archive/2018/03/can-you-sue-a-robocar/556007/

Using a Special Needs Trust to Assist a Disabled Family Member

Web Admin - Friday, August 10, 2018
Inverness estate planning trust attorneyPeople who have saved money or accumulated assets over the course of their lifetime will often want to pass these assets on to their loved ones, either before or after their death. This is especially true when family members have disabilities or other special needs. However, when providing financial assistance to these family members, it is important to make sure that doing so will not make them ineligible for the public benefits they need to meet their needs. An experienced estate planning attorney can help you protect your loved ones’ interests by establishing a special needs trust.

Benefits of a Special Needs Trust

People with mental or physical disabilities are usually able to receive government benefits such as Supplemental Security Income (SSI) or Medicaid. However, eligibility for these benefits is based on the income earned and assets owned by the recipient; in most cases, a recipient must own no more than $2,000 in assets, and there are also limits on the amount of income they can earn. This means that if a well-meaning family member gives them money or other assets, either through a direct gift or an inheritance, it may make them ineligible for the benefits they need. 

To avoid jeopardizing a disabled person’s ability to receive public benefits, their family members can use a special needs trust (sometimes called a supplemental needs trust). This is a type of irrevocable trust in which the assets will be placed under the control of a trustee, which could be another family member or a financial institution. The trustee will then ensure that the assets are used to provide for the beneficiary’s needs.

There are specific rules that must be followed in special needs trusts. For instance, the trust can only be used to pay for certain expenses related to the beneficiary’s care, such as the costs of medical equipment, caretakers, transportation, or educational expenses. Using funds from a trust to pay for food or housing may make a beneficiary ineligible for public aid. 

Contact a Schaumburg Trust Attorney

Since a disabled person will often need assistance throughout their entire life, it is important to ensure that trusts are set up in a way that will provide them with the resources they need for many years to come. An Arlington Heights estate planning lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you create a special needs trust that meets your loved one’s needs, and we can help you address any other estate planning needs, ensuring that you can provide for your family both before and after your death. Contact us at 847-934-6000 to arrange a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
https://www.investopedia.com/terms/s/special-needs-trust.asp
https://money.usnews.com/money/personal-finance/articles/2015/11/04/how-to-draw-up-a-special-needs-trust-for-a-child-with-disabilities
https://www.cnbc.com/2017/10/25/how-to-set-up-a-special-needs-trust.html

Two Important Benefits Provided By a Living Trust

Web Admin - Tuesday, August 07, 2018
Arlington Heights trust lawyerThe thought of planning for what should happen after one’s death is often too morbid for many people to want to consider. However, doing so is incredibly important, since you want to be sure that your wishes will be followed correctly and that your heirs will be able to receive the assets you plan to pass on to them with minimal complications. While you may think that the estate planning process begins and ends with the creation of a last will and testament, another tool that can be very powerful is a living trust. 

Trusts allow you to protect certain assets, placing them in the control of a trustee and passing them to your beneficiaries once certain requirements are met. With a living trust, you can serve as the trustee while you are still living and mentally competent, giving you control over your assets and allowing you to revoke or change the terms of the trust to meet your and your family’s needs. There are a number of benefits to using a living trust, but two of the primary advantages are:

1. Avoiding Probate

When a person dies, the executor of their estate will enter their will into probate court, which is a process that can be lengthy and expensive as the court reviews the will and approves the paying of debts and taxes and the passing of assets to beneficiaries. The will is entered into public court records, meaning that the family’s personal business is available to be viewed by anyone who wants to examine the court documents. 

A trust, on the other hand, does not have to go through the probate process. This will allow assets to be passed to beneficiaries much more quickly and with fewer complications, and it will also ensure that the details about the estate are kept private.

2. Planning for Illness or Incapacitation

In many cases, when a person becomes ill or incapacitated or is no longer able to manage their own affairs, a friend or family member is named as their legal guardian. Guardianship will often not only give a guardian control of a person’s health and personal care, but also their financial affairs. This type of situation is not ideal, but a living trust can help you avoid losing control of your finances by addressing how things should be handled if you are incapacitated. 

Your trust can specify what conditions should exist for you to be declared incapacitated or mentally incompetent, and it can name a successor trustee who will manage the trust in this situation. The trustee can ensure that you have the financial resources you need to provide for your own care, while preserving your assets to pass on to your beneficiaries after your death.

Contact a Palatine Estate Planning Attorney

If you want to know more about how to use a living trust to protect your assets and pass them to your heirs, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can answer your questions and work with you to create a comprehensive estate plan. Contact a Schaumburg living trust lawyer today at 847-934-6000 to schedule a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
https://www.thebalance.com/the-benefits-of-a-revocable-living-trust-vs-a-will-3505405
https://www.thebalance.com/pros-and-cons-of-revocable-living-trusts-3505384

McDonald’s Salads Linked to Food Poisoning Cases in Illinois

Web Admin - Thursday, July 19, 2018
Crystal Lake food poisoning injury attorneyEating food purchased from a restaurant or grocery store should not be a risky proposition, but in recent weeks, a number of Illinois residents and people in nearby states have become seriously ill after doing so. Dozens of cases of food poisoning have been reported and linked to salads sold at McDonald’s restaurants, and the problem is becoming more widespread, affecting people in several states throughout the Midwest. If you have experienced food poisoning because of contaminated salads or other foods, you should be sure to understand your options for recovering compensation for your damages.

The Dangers of Contaminated Salads and Produce

The current food poisoning case involves the Cyclospora parasite, which can cause intestinal illnesses to those who consume it. Infections from this type of organism are known as cyclosporiasis, and symptoms include explosive diarrhea, nausea, vomiting, stomach pain or cramps, gas, fatigue, loss of appetite, weight loss, headaches, and fever. 

Cyclospora can be transmitted in fresh produce because these foods do not go through a cooking process that would kill the parasites. Washing or rinsing produce is not sufficient to remove these organisms.

After more than 100 reported cases of cyclosporiasis, McDonald’s has opted to remove salads from any restaurants that may have been affected by the outbreak. More than 3,000 restaurants are involved, and in addition to Illinois, people in Iowa, Wisconsin, Minnesota, and Missouri may have been in danger of contamination.

This is not the only case of food poisoning from Cyclospora which occurred recently. In June, vegetable trays produced by Del Monte were found to be the source of an outbreak that affected more than 200 people in Wisconsin, Iowa, Michigan, and Minnesota. The company recalled several products from grocery stores in states throughout the Midwest. This outbreak appears to be unrelated to the contaminated salads from McDonald’s.

Contact an Inverness Personal Injury Attorney

Food poisoning can not only cause a great deal of pain and discomfort, but it can have serious, long-lasting effects on one’s health. If you have contracted cyclosporiasis or any other type of infection after eating food purchased from a restaurant or grocery store, you may be able to pursue compensation for the damages which you have suffered. The Rolling Meadows personal injury lawyers at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options and advocate for your interests throughout the legal process. Contact us at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://wqad.com/2018/07/17/illinois-officials-warn-of-food-poisoning-possibly-linked-to-mcdonalds/
http://www.foodsafetynews.com/2018/07/parasites-linked-to-mcdonalds-likely-not-part-of-del-monte-outbreak/#.W09ld9hKiV4
https://www.nytimes.com/2018/07/07/us/del-monte-vegetable-trays-parasite-nyt.html

Misdiagnosis Is One of the Most Common Forms of Medical Malpractice

Web Admin - Monday, July 16, 2018
Rolling Meadows misdiagnosis injury lawerPeople in the United States have access to the best doctors and medical facilities in the world, and we expect to receive quality medical care when we need it. Unfortunately, mistakes occur all too often, and negligence on the part of doctors, nurses, or other medical staff can result in serious, life-changing injuries. Medical malpractice can take many forms, but misdiagnosis is one of the most common medical mistakes, and also one of the most serious.

The Prevalence of Misdiagnosis

Errors in diagnosis can occur when doctors fail to diagnose a certain condition, make an incorrect diagnosis, or do not correctly diagnose a condition in time to properly treat it. These are the most common type of medical errors which occur in the United States, and they are also likely to result in a patient’s death or disability. In fact, studies have shown that between 80,000 and 160,000 people become permanently disabled every year because of misdiagnosis.

Misdiagnosis can occur for a variety of reasons, including:

- Failure to evaluate a patient - An incorrect diagnosis may result from a doctor failing to complete an appropriate evaluation of the factors affecting a patient’s health, including their family medical history.

- Lab errors - Misdiagnosis may occur due to errors made during testing, such as equipment that was not functioning properly, samples that were contaminated, reports that were mixed up, or a technician that failed to follow the proper testing procedures.

- Misread lab reports - A doctor may make an improper diagnosis if they ordered the wrong tests or misinterpreted the results.

- Overwork - Doctors with heavy workloads are more likely to misdiagnose patients, especially if they do not consult with specialists or other medical professionals when they are uncertain about a diagnosis.


Avoiding Misdiagnosis

Patients should be able to expect that their doctors will complete the proper tests and take all relevant information into account while making a diagnosis, but they can also take steps to educate themselves and avoid the risk of misdiagnosis. It is always a good idea to ask a doctor questions and make sure to understand their diagnosis and the benefits and drawbacks of the suggested treatments or medications. Patients may also choose to seek out a second opinion to make sure their conditions are diagnosed correctly.

While patients can do their best to protect their own health, they should be able to receive medical care without worrying about the possibility of their doctor making mistakes. If you or a family member have suffered an injury that occurred because of misdiagnosis or some other form of medical malpractice, Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for pursuing compensation for your damages. Contact a Crystal Lake personal injury attorney at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.modernhealthcare.com/article/20180313/NEWS/180319965
http://healthland.time.com/2013/04/24/diagnostic-errors-are-more-common-and-harmful-for-patients/

Options for a Life Insurance Claim Payout

Web Admin - Thursday, June 28, 2018
Rolling Meadows life insurance claim lawyerA life insurance policy can provide a family with the reassurance that they will be able to maintain financial security if tragedy strikes and a family member dies. Life insurance benefits can account for the income that a deceased person would have provided for their family, as well as expenses such as the costs of medical care prior to a person’s death or burial and funeral expenses. When filing a claim, it is important to understand the options for receiving a payout of life insurance benefits.

Payout Options

After the death of a person covered by a life insurance policy, the beneficiaries of the policy should file a claim with the life insurance company, and they must provide a copy of the deceased person’s death certificate. If the claim is approved, the beneficiaries may receive a payout in one of several ways, including:

- Lump sum - The entire amount of the benefit may be paid at one time, allowing beneficiaries to use these funds to pay outstanding expenses or invest them as they choose.

- Annuity - A benefit may be paid to beneficiaries in installments, providing regular income for a certain number of years. This allows beneficiaries to not only receive the money they need on an annual basis, but they will also receive interest on funds that have not been paid out. However, while life insurance benefits are not taxable, interest earned on these benefits is considered taxable income.

- Payout checkbook - Some insurers will hold benefit funds for beneficiaries while allowing them to withdraw money as needed by writing checks. Funds held by an insurer may also generate interest until they are withdrawn.

- Life income - Some plans may allow beneficiaries to receive a fixed monthly income based on the amount of the benefit, their age, and their life expectancy. The beneficiary will receive a guaranteed amount for the rest of their life, regardless of whether they die before or after they reach the age to which they are expected to survive.

- Pre-death payments - While life insurance benefits are usually paid after a person’s death, in some cases, they may be available while a person is still alive to offset the costs of medical care for a terminal illness.


Contact a Des Plaines Life Insurance Attorney

After a person’s death, the prompt payout of life insurance benefits is essential, allowing a family to cover their costs and meet their ongoing needs. If a life insurance company has denied your claim or delayed the payout of your benefits, Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you receive the benefits you deserve. Contact our Palatine life insurance claims lawyers at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



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/

Serious Bicycle Accident Injuries Can Result from “Dooring”

Web Admin - Wednesday, June 20, 2018
Rolling Meadows bicycle accident injury lawyerRiding a bicycle is a great way to get exercise and save on transportation costs. However, when sharing the road with larger vehicles, cyclists are at risk of serious injury in a collision. One type of bicycle accident that is becoming increasingly common is “dooring,” and both drivers and cyclists should be aware of the risks of these types of accidents and take steps to prevent them from occurring.

What Is Dooring?

Dooring occurs when a driver or passenger in a motor vehicle opens their door in the path of a cyclist. This often happens when a person who is exiting a vehicle next to a bike lane fails to check to make sure the lane is clear.

A large number of people in Illinois and Chicago have been injured by dooring accidents in recent years. According to data from the City of Chicago, there were 181 dooring accidents in 2017, and there have been over 100 dooring accidents so far in 2018. While this has decreased from 302 reported cases of dooring in 2015, the increasing number of people using bicycles for transportation in the Chicago area means that these types of accidents are becoming more and more likely.

Dooring Injuries

Colliding with the door of a vehicle can cause a wide variety of serious injuries to a cyclist. Depending on the speed at which a cyclist is traveling, they may be thrown from their bike, and they can suffer broken bones, dislocated shoulders, serious bruises, neck and spine injuries, sprained wrists or knees, injuries to internal organs, and disfiguring lacerations and abrasions.

While cyclists can protect themselves from head injuries by wearing a helmet, they may still suffer traumatic brain injuries in dooring accidents, especially if they are knocked into the path of a moving car. In some cases, cyclists have been caught underneath vehicles, which can result in loss of limbs, paralysis, and death.

Contact a Schaumburg Bicycle Accident Lawyer

Drivers and passengers of motor vehicles should take steps to prevent dooring accidents by always looking behind their vehicle before opening their doors, and they should take extra care when driving or parking near bike lanes. Failure to protect the safety of others is a form of negligence, and cyclists who are injured because of dooring may be able to pursue compensation for damages caused by a negligent driver. If you have been injured in a bike accident, contact an Arlington Heights personal injury attorney at Drost, Gilbert, Andrew & Apicella, LLC today. Call our office at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



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

10 Things Sellers Should Know About a Residential Real Estate Closing

Web Admin - Monday, June 18, 2018
Arlington Heights residential real estate lawyerSelling a home can be a stressful process, but once a buyer has made an offer and agreed to buy your house, the end of the process is in sight. However, there are still a variety of issues which may need to be resolved and matters which will need to be settled before the sale is complete. Here are 10 things you should take care of as you complete your residential real estate closing:

1. Address home inspection issues - The buyer will pay for a home inspection, which may uncover a variety of issues that they may ask you to correct or repair. You can preempt some of the issues by having your own home inspection completed prior to listing. This will give you an idea of the issues that may be raised later or minor issues that you can resolve prior to accepting an offer. Be sure to complete any agreed repairs prior to the date of closing and provide paid receipts to show that the required work has been done. 
2. Review the property survey - The standard Illinois contracts require the seller to provide the buyer with a survey of the property. If you have an existing survey, you should be sure to review this survey to make sure that the boundaries of the property are defined correctly and there are no issues that may arise with the new survey. Some buyers, especially in cash deals, will accept the existing survey, if no new improvements have been made. 
3. Get ready for the final walkthrough - Buyers will typically visit the home prior to closing to check the property and make sure repairs have been done. Be sure everything has been taken care of before this walkthrough and make sure no unexpected issues arise. If necessary, you may need to address issues the buyers find or negotiate a payment for problems they discover.
4. Review your settlement - Your closing documents will include a seller’s closing statement detailing the money being paid and received. Be sure to review this statement for accuracy including the payoff amounts of any of your loans or mortgages.
5. Bring documentation to closing - At closing, be sure to bring your photo ID, the paid receipts for repairs, and any information the buyer will need, such as codes to security systems.
6. Resolve last-minute details - If something is not in the same condition at walkthrough as it was when the offer was accepted, that item will need to be resolved at the closing table, or the closing may need to be postponed.
7. Be prepared to pay closing costs - You will typically be required to pay for certain items, such as commissions for real estate agents, outstanding property taxes or utility bills, and related fees, including title fees and attorney’s fees. Your realtor or attorney should inform you of the exact amount that you will need to pay at closing.
8. Transfer utilities - Utilities should be kept active until after the closing, at which point you can transfer service to the buyer.
9. Cancel homeowner’s insurance - Once closing is complete, you can cancel your homeowner’s insurance policy. You may receive a refund for any remaining months which you have already paid.
10. Keep your paperwork in a safe place - Be sure to keep all of the papers from the closing in a place where you can easily access them in case any questions or issues arise.

Contact a Riverwoods Residential Real Estate Attorney

If you have any questions about the processes followed during your home closing, or if you need an attorney’s assistance when selling your home, contact a Kenilworth real estate lawyer at Drost, Gilbert, Andrew & Apicella, LLC. Call our office at 847-934-6000 to schedule a consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


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/


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