DGAA bLAWg

Lawsuits Claim Monsanto's Roundup Weedkiller Causes Cancer

Web Admin - Monday, September 24, 2018
Des Plaines toxic chemical injury lawyerAs a school groundskeeper in northern California, Dewayne Johnson sprayed an estimated 150 gallons of Monsanto’s glyphosate-based weedkiller Roundup 20 to 30 times a year between 2012 and 2016. He continued this work even after being diagnosed with cutaneous T-cell lymphoma (a type of non-Hodgkin’s lymphoma) in 2014. Despite aggressive chemotherapy, the disease advanced, causing thick, painful skin lesions over most of his body. In 2016, Mr. Johnson filed a personal injury lawsuit in federal court against Monsanto, alleging that Roundup contributed to his cancer and that the manufacturer knew that the chemical was hazardous but failed to provide sufficient warnings to users. 

On August 10, 2018, with his disease in the terminal stage and doctors estimating he had just months to live, the 46-year-old plaintiff was awarded $39 million in compensatory damages and $250 million in punitive damages by a San Francisco jury. 

An estimated 8,000 lawsuits have now been filed against Monsanto by Roundup users who developed non-Hodgkin’s lymphoma or other types of cancer. In addition to the multidistrict federal cases, lawsuits have also been filed in state courts in California, Delaware, Missouri, and Montana. 

Scientists and Studies Differ on Roundup’s Safety


On one side, Monsanto claims that hundreds of studies have shown that glyphosate is not a serious health hazard to humans. The company also denies any link between Roundup and cancer. In the Johnson trial, the plaintiff pointed out that non-Hodgkin’s lymphoma can develop very slowly, showing no symptoms for years; therefore, Johnson’s illness could well have begun prior to 2012, when he began working with Roundup.

In December 2017, the U.S. Environmental Protection Agency (EPA) released a draft report on glyphosate which concluded that “glyphosate is not likely to be carcinogenic to humans” when used according to label directions. The EPA stated that its findings “are consistent with the conclusions of science reviews by a number of other countries as well as the 2017 National Institute of Health Agricultural Health Survey.”

On the other side, the International Agency for Research on Cancer (a subsidiary of the World Health Organization) classified glyphosate as “probably carcinogenic to humans” in a 2015 report. It was classified under level 2 out of four levels, where level 1 is “carcinogenic to humans” and level 3 is “possibly carcinogenic.” 

"This jury found Monsanto acted with malice and oppression because they knew what they were doing was wrong and doing it with reckless disregard for human life," said Robert F. Kennedy Jr., a member of Johnson's legal team. 

Consult a Rolling Meadows Personal Injury Attorney 


If you suspect that you or family member has been harmed by exposure to a toxic chemical, such as the glyphosate in Roundup, talk to an experienced Schaumburg personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will carefully review your case and recommend a course of action. If we determine that you have a strong case, we will fight relentlessly for your right to compensation for your losses. 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.cbsnews.com/news/dewayne-johnson-monsanto-roundup-weed-killer-jury-award-today-2018-08-10/
https://www.nbcnews.com/news/us-news/lawsuits-claiming-weed-killing-chemical-causes-cancer-moves-forward-n890686
https://www.epa.gov/pesticides/epa-releases-draft-risk-assessments-glyphosate

The Illinois Will Probate Process: Settling an Estate

Web Admin - Friday, September 21, 2018
Arlington Heights estate planning probate lawyerThe passing of assets from one generation to the next is a long-standing tradition, typically governed by a written will. When a person with a large estate dies, a legal process called probate ensures that the terms of the will are properly carried out. The process of probating a will in Illinois is controlled by the Illinois Probate Act and the rules of the circuit court in the decedent’s county of residence.

When an Illinois Will Must Go Through Probate


An Illinois estate must be probated when its total value exceeds $100,000 (excluding jointly-held properties and accounts with named beneficiaries, which transfer automatically upon death).

The Process to Probate a Will in Illinois


1. Petition for Probate - The first step is to file a Petition for Probate with the circuit court. This petition includes the will itself, the current estimated value of the estate, the names and addresses of heirs, and other information necessary to begin settling the estate. The executor named in the will or their appointed attorney must file this petition within 30 days of the decedent’s death and send copies to all heirs.

2. Hearing to Open Probate - The court will conduct a short hearing to officially validate the will and admit the will to probate. At the hearing, heirs may enter their objections to any part of the petition, such as the validity of the will itself, the person(s) designated to administer the estate, or the person(s) designated to act as personal fiduciaries for any underage or disabled heirs. The court will approve the executor and issue letters testamentary that authorize the executor to act on behalf of the estate.

3. Inventory of Assets - The executor has the responsibility to locate and secure all assets of the estate. A written inventory must be made, listing all bank and investment accounts, real estate, and personal property of significant value. Appraisals may be necessary to establish date of death” values for each piece of real and personal property.

4. Payment of Debts and Taxes - The executor must notify all creditors of the decedent and pay outstanding bills, including property taxes and any other expenses necessary to protect the assets of the estate. The estate must remain open for at least six months to ensure that all creditors are identified and paid. The executor must also file final state and federal tax returns for the decedent.

5. Petition for Distribution of the Estate - Upon conclusion of the prior steps, the executor must provide an accounting of their work on the estate, including all receipts and disbursements. The executor will then ask the court for permission to distribute the remainder of the estate according to the terms of the will. (When there is no question that the estate contains more than sufficient funds to pay off all debts, some distribution of assets may occur before the final accounting.) 

Consult a Palatine Estate Planning Lawyer


Ensure that your hard-earned assets are distributed to your heirs according to your wishes. An experienced Barrington estate planning attorney at Drost, Gilbert, Andrew & Apicella, LLC can help you develop an estate plan that will meet your specific goals and, after your death, ensure that your will is probated efficiently. Contact us at 847-934-6000.

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=2104&ChapterID=60
http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/ProbateDivision/Part12RulesoftheCircuitCourt.aspx

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/


Recent Posts


Tags

Des Plaines claims law firm probate claims Crystal Lake pet attorney Legal Info Illinois employment laws traumatic brain injury Illinois red light cameras Illinois workplace discrimination attorney Forcible Entry Illinois pedestrian accident attorney Retaliatory Discharge Buffalo Grove employment lawyer estate planning for college students pregnant women Long Grove estate planning attorney Palatine law firm Illinois Trust Code construction accidents traffic laws Illinois Sales Representative Act guardianship attorney Palatine insurance lawyer life insurance claims right to work IRS power of attorney condo criminal defense Palatine criminal defense lawyer estate planning lawyer Inverness insurance attorney senior citizens startup company jet ski Chicago attorney insurance claim denial real estate attorney Palatine elder law attorney defective products lawyer Schaumburg car accident attorney Illinois estate planning law firm Schaumburg estate attorney liability claims Schaumburg corporate attorney brain injury estate planning trusts Rolling Meadows medical malpractice lawyers driving home inspection lawyer GM ignition switches Rolling Meadows litigation lawyer Inverness personal injury attorney elder law Illinois injury lawyer involuntary manslaughter traffic deaths personal injury attorney workplace sexual harassment deed transfer condo association slip and fall Crystal Lake medical malpractice law firm boating under the influence Arlington Heights criminal lawyer traffic offenses Illinois elder law attorney Illinois personal injury Arlington Heights employment attorney criminal law murder defense landlord Illinois civil litigation lawyer Buffalo Grove personal injury attorney Barrington employment law attorney Des Plaines tax law firm subcontractor Palatine construction attorney distracted driving accidents Palatine traffic accidents blood alcohol content Schaumburg civil litigation attorney Illinois corporate lawyer Crystal Lake estate planning lawyer Deer Park traffic lawyer Illinois registered agent Arlington Heights accident attorney anesthesia errors insurance claim dispute attorney Rolling Meadows employment law attorneys Barrington personal injury attorney murder expungement South Barrington real estate lawyer Inverness accident lawyer consent to a search commercial real estate Illinois motorcycle accident lawyer Chicago insurance law firm Schaumburg injury lawyer personal injury claims Rolling Meadows insurance dispute lawyers Exclusions owner responsibility Barrington business law firm dynasty trusts commercial leasing Schaumburg Attorney Deer Park motorcycle accident lawyer Arlington Heights car accident lawyer Rolling Meadows Traffic Lawyer rumble strips field sobriety test Illinois medical malpractice claim denied insurance claim DGAA distracted driving accident victims insurance agent negligence Chicago employment attorney ObamaCare overtime pay insurance claims Chicago trucking accident attorney Des Plaines personal injury lawyers Palatine real estate lawyer BAC motorcycle accident crossover accidents defective products Schaumburg estate planning attorney TBI Arlington Heights medical malpractice lawyer privacy Employment Discrimination Law Palatine workers compensation lawyer controlled substance elder abuse Palatine punch death Illinois will lawyer Des Plaines criminal attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Des Plaines Arlington Heights wills and trusts attorney estate attorney Illinois probate lawyer Buffalo Grove corporate attorney comparative negligence compensatory time problem employees forming a corporation in Illinois Crystal Lake employment lawyer suspended license vacation home fines underfunded trust breathalyzer test loopholes probate fees traffic violations Rolling Meadows car accident lawyers employment law, Illinois employment laws insurance dispute car crashes back injuries Schaumburg personal injury attorney personal injury accidents eluding a police officer Barrington criminal defense lawyer slip and fall accidents car crash injuries rest breaks employees Arlington Heights estate planning attorney Rolling Meadows boating crash lawyer rollover car crashes Inverness corporate attorney Arlington Heights injury attorney IRELA DUI attorney pain and suffering drug crime Palatine corporate law attorneys comp time paid sick leave Mt Prospect Attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Buffalo Grove personal injury lawyer sole proprietorship nursing home negligence Crystal Lake accident attorney Illinois traffic laws Illinois business law atorneys boating DUI Rolling Meadows Attorney Family Medical Leave Act Inverness DUI lawyer Rolling Meadows insurance dispute lawyers, insurance dispute accidental death benefits hands free device Deer Park workers compensation lawyer cell phone accidents Crystal Lake will lawyer small business DUI penalities natural gas explosion Arlington Heights Traffic Lawyer Palatine employment attorney spinal cord injuries spinal cord injury pedestrian accident Illinois speeding lawyer Illinois trusts attorney Illinois criminal defense attorney Illinois jet ski accident lawyer Rolling Meadows real estate attorney caretaker rights Illinois LLC creation Rolling Meadows DUI lawyer Super Mario Inverness real estate lawyer Illinois Smoke Detector Act Mount Prospect elder law attorney Barrington real estate lawyer Rolling Meadows personal injury lawyers Illinois home inspection Chicago lawyer Schaumburg real estate lawyer Illinois employment law firm contracts underage DUI Illinois Probate Act of 1975 BUI real estate closing Crystal Lake pedestrian accident lawyer Crystal Lake civil litigation lawyer Illinois real estate Schaumburg personal injury lawyer Illinois tax attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Arlington Heights car crash attorneys Des Plaines drug crimes lawyer Palatine probate lawyer Deer Park medical malpractice attorney Illinois real estate lawyer Crystal Lake tax lawyer personal injury law firm independent contractor Illinois traffic attorney cell phone Mount Prospect real estate lawyer ACA fault based insurance installment contracts DNR Illinois lawyer Crystal Lake insurance lawyer attorney fees medication errors privacy laws Des Plaines Traffic Lawyer drug crimes lawyer health insurance dispute Crystal Lake medical malpractice attorneys Palatine employment law lawyer Palatine estate planning lawyer ken apicella pedestrian injuries, pedestrian fatality digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers civil litigation attorney medical marijuana Kenilworth estate planning lawyer Long Grove wills and trusts attorneys internet civil rights violation digital information liens food poisoning Illinois insurance disputes Illinois personal injury lawyer Illinois insurance claim attorney Colin H. Gilbert Buffalo Grove real estate attorney living trust benefits drug crimes Illinois wills and trusts attorneys Affordable Care Act Illinois insurance claims lawyers Illinois insurance claim dispute lawyers pay when paid contract Palatine civil litigation lawyer Illinois wills and trusts Illinois personal injury lawyers Deer Park DUI lawyer employment lawyer Illinois employee rights attorney. Buffalo Grove traffic lawyers Chicago employment lawyer Food and Drug Administration's Food Safety Modernization Act Crystal Lake personal injury attorney child safety trusts new real estate form Schaumburg construction accident lawyer Barrington attorney Crystal Lake car accident lawyer unauthorized overtime construction contracts work unions Inverness estate planning lawyer Illinois employment attorneys real estate zoning Rolling Meadows employment law attorney insurance dispute attorney income distribution deducation mortgage Mount Prospect wills and trusts lawyers IRA benefits Inverness real estate attorney wrongful termination Illinois small business insurance attorney Illinois employment lawyer investment property Federal Food Drug and Cosmetic Act fiduciary rule Illinois collections attorney medical malpractice compensation Palatine business attorney preventing accidents Crystal lake insurance dispute attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys personal injury claim denied insurance claims Jay Andrew digital media accounts, estate planning, Arlington Heights estate planning attorney, wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace license revocation Arlington Heights personal injury attorney no contest clauses agent real estate contract Crystal Lake traffic lawyer Barrington personal injury lawyer sexual images Illinois Wage Payment and Collection Act insurance denials estate planning Rolling Meadows traffic law firm trucking accidents first degree murder preventable medical errors insurance claim Des Plaines pet law attorney insurance claim dispute South Barrington real estate attorney Arlington Heights pedestrian accidents estate plan unpaid assessment estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers surgical mistakes digital evidence probate lawyer Barrington boating accident attorney icy parking lots deadly crashes license head on collisions PTSD federal crimes healthcare Crystal Lake injury attorney marijuana crimes attorney capital gains tax Illinois Workers’ Compensation Commission drugs holiday statistics unpaid overtime Long Grove estate planning Illinois medical malpractice case Schaumburg medical malpractice lawyer Colin Gilbert Illinois employment law attorney Illinois pet lawyer Arlington Heights personal injury lawyer Schaumburg criminal law attorney manufacturing residential real estate Illinois estate planning attorney real estate attorneys Illinois medical malpractice attorney modern family estate planning bad faith insurance claims Des Plaines personal injury lawyer social media after death Illinois wrongful termination lawyer fiduciary rule delay advance healthcare directive pet bites Des Plaines insurance attorney workers compensation vacation home living trust drunk driving rent to own real estate contracts insurance denial appeals Des Plaines real estate lawyer Barrington injury attorney Palatine employment lawyer insurance claim denials Rolling Meadows probate lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, real estate lawyer Des Plaines civil attorney wrongful death Buffalo Grove insurance claim dispute lawyers Des Plaines motorcycle accident attorney Palatine injury attorney traffic crimes license reinstatement Des Plaines drug lawyer Chicago car accident lawyer Thanksgiving Long Grove real estate attorney car accident lawyer Inverness elder law lawyer Class A misdemeanor commercial leases Illinois business lawyer Des Plaines personal injury attorney insurance adjusters Illinois insurance claim dispute lawyer dog bites Rolling Meadows personal injury attorney Barrington litigation attorney trench injuries Schaumburg personal injury lawyers Illinois rollover accident lawyers Palatine Attorney Crystal Lake traffic attorney Illinois Human Rights Act Des Plaines DUI attorney appealing an insurance claim clemency bicycle accidents Palatine trusts lawyer Rolling Meadows accident lawyer Rolling Meadows Illinois construction accident attorney Des Plaines real estate attorney power of attorney for healthcare Inverness probate lawyer workers compensation benefits denial of life insurance Illinois living will pedestrian-automobile accident Inverness traffic law firm irrevocable trust natural gas foreclosed rental property insurance negligence coronavirus Barrington medical malpractice lawyers employment attorney criminal Barrington estate planning attorney Deer Park employment law attorney Crystal Lake business law attorneys Rolling Meadows drug defense attorney DUI defense breach of contract car crash Arlington Heights lawyer Arlington Heights employment law attorneys landlord tenant law special needs trust civil litigation medical malpractice Rolling Meadows corporate lawyer estate planning attorney living wills CAM real estate Schaumburg employment law attorneys Illinois mortgages wage theft Buffalo Grove law firm estate tax auto accidents Inverness injury lawyer real estate leasing Illinois corporate law Rolling Meadows tax attorney employee misclassification underinsured motorist car accident Palatine civil attorney Palatine corporate attorney caregiver college kids drug possession Crystal Lake personal injury lawyer operating agreements Arlington Heights TBI attorney personal injury lawyer tax attorney Barrington drug crime attorney Rolling Meadows insurance lawyer Home Sale Contingencies Illinois law changes to mortgage law Illinois attorney swimming pools Arlington Heights wills and trusts lawyer sexual harassment revenge porn bicycle dooring accidents Self-Directed IRA Accounts Arlington Heights Attorney Crystal Lake car accident attorney Des Plaines collections attorney trust payments Schaumburg estate planning lawyer Inverness civil lawyer traffic violations defense Do Not Resuscitate trucking accident lawyers medical research medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers trustee wills and trusts criminal record Barrington estate planning lawyer Illinois defective products attorney DUI car accidents Deer Park personal injury lawyer Crystal Lake law firm texting and driving products liability probate claims process Barrington employment law firm Barrington employment attorney Barrington Illinois estate planning lawyer reckless homicide blended families pet law Rolling Meadows criminal lawyer LLCs Arlington Heights real estate lawyer unfunded trust traumatic brain injuries insurance claim delay Buffalo Grove medical malpractice lawyers Arlington Heights tax lawyer Schaumburg wrongful death attorney pizza emoji Arlington Heights wills and trusts attorneys Deer Park traffic accident attorney Deer Park real estate law firm Palatine drug lawyer Schaumburg insurance lawyers Schaumburg criminal attorney FMLA filing a medical malpractice claim license suspension business litigation liability meal breaks dealing with problem employees minimum wage murder charges Attorney Ken Apicella Chicago will attorney Schaumburg probate attorney POA Illinois workers compensation attorney cell phone tower data personal injury School Visitation Rights Act whistleblower protections hiring employees Illinois insurance dispute lawyers Illinois estate planning Kenilworth estate planning attorney jet ski accidents employee rights Chicago estate planning lawyer Schaumburg employment attorney Illinois traffic ticket lawyer probate Fourth of July traffic tickets healthcare claims employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, gift taxes life insurance lawyer foreclosure dram shop law federal regulations for LLCs Home Remodeling Repair Act Rolling Meadows estate planning attorney workers comp motorcycle accident lawyer Chicago biking tips employee discrimination Illinois employment law Joliet general practice lawyers Chicago traffic lawyer rollover accidents severance agreements product liability Illinois boating accident lawyer Transfer on Death Instrument Deer Park criminal attorney traffic accidents golf accidents institutional trustee Des Plaines medical malpractice attorney Crystal Lake criminal defense attorney Chicago corporate attorney in terrorem provision Buffalo Grove criminal defense lawyer Illinois traffic attorneys IRA trust transfer drunk driving statistics Illinois trucking safety life insurance trauma after an accident FSLA Rolling Meadows employment attorney Buffalo Grove probate lawyer Rolling Meadows business lawyer boating accidents Illinois car accident attorney marijuana Rolling Meadows personal injury lawyer low-ball insurance settlement car collision Buffalo Grove car accident lawyer Buffalo Grove traffic attorney insurance agents employment law wills mass shooting Deer Park accident attorney job lawyers Barrington civil litigation attorney Detainer Actions Illinois DUI attorney Illinois traffic accident lawyer Whistleblower Claims Illinois insurance lawyer Schaumburg drug defense lawyer Illinois medical malpractice lawyers overtime violations premises liability Fair Labor Standards Act Illinois bicycle safety Barrington criminal lawyer Illinois driving without license Policy Cancellation loss of consortium Crystal Lake bike accident lawyer Schaumburg Crystal Lake medical malpractice lawyer automated cars Barrington Traffic Lawyer living trust vs will Illinois personal injury attorney Des Plaines injury law firm BAIID DMV creditors car accident lawyers Illinois workers compensation lawyer Chicago estate planning Rolling Meadows traffic attorney financial advisors Rolling Meadows marijuana attorney Rolling Meadows insurance attorney speeding Illinois workplace lawyer Crystal Lake employment attorney Illinois job attorney Illinois employment law attorneys Rolling Meadows criminal attorney uninsured motorist Liquor Control Act Long Grove real estate lawyer probate process Schaumburg traffic lawyer pedestrian accidents Schaumburg elder law lawyer disability benefits bike accident Illinois insurance attorney Riverwoods estate planning lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, hit and run accident texting while driving Long Grove estate planning attorneys Chicago insurance claim attorneys insurance disputes gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Arlington Heights traffic attorney fatal car accidents Kenilworth estate planning attorneys Landlord Tenant Ordinance Barrington workers compensation attorney Palatine personal injury lawyer Arlington Heights trucking lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Crystal Lake employment law attorney llinois Real Estate Lawyers Association life insurance policy employment contract digital assets Palatine traffic lawyer Buffalo Grove injury lawyer homestead rights Arlington Heights insurance attorney Arlington Heights wills and trusts lawyers Des Plaines accident attorney Illinois Transfer on Death Instrument medical malpractice claims taxes truck collisions

Archive