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How to Obtain Compensation for a Head Injury Caused By Negligence

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

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

Incidence and Causes of Traumatic Brain Injury


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

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

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

Compensation for Traumatic Brain Injury Caused by Negligence


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

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

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

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

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


Consult an Arlington Heights Head Injury Attorney  


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

To determine if you have a valid claim, consult with a knowledgeable Palatine personal injury lawyer. The law firm of Drost, Gilbert, Andrew & Apicella, LLC can help you obtain full and fair compensation for your injuries. Call 847-934-6000 to schedule a free consultation.

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



Sources:
https://www.cdc.gov/traumaticbraininjury/get_the_facts.html
https://www.aans.org/Patients/Neurosurgical-Conditions-and-Treatments/Traumatic-Brain-Injury

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

Construction Workers Injured on the Job

Web Admin - Thursday, December 10, 2015

construction workers injured on the job, Illinois Personal Injury AttorneyConstruction sites are dangerous and the involved dangers—falling objects, electrocutions, and heavy machinery—can lead to substantial injuries. Workers who are injured while on a construction site may have several ways of recovering for the injuries they sustain, including personal injury lawsuits. If successful, these claims can be vital in helping victims recover from their injuries. 

Personal Injury Claim 

It is important to note that an injured worker cannot file a lawsuit against his or her employer. Instead, compensation for those injuries is pursued through a workers’ compensation claim. However, third-party claims are possible in certain circumstances. For example, if a subcontractor’s employee is injured while on site, he or she may file a lawsuit against the owner of the site or the general contractor. Third-party claims can lead to recovery for pain and suffering, medical expenses, and lost wages. 

Numerous individuals may be held responsible for injuries suffered on a construction worksite and include the following: 

1. The site owner may be held liable even if he or she is not present at the time of the accident;

2. The general contractor is responsible for hiring workers and ensuring that the worksite is safe;

3. A subcontractor holds similar duties as the general contractor; however, his or her liability is usually limited to a particular area of the site;

4. Architects may be held liable for design flaws; and

5. Equipment manufacturers may be held liable if their products are faulty or defective. 

Personal injury lawsuits arising out of construction-related accidents are pursued under a negligence theory. For a plaintiff to be successful, he or she must establish the following elements: 

1. The defendant owed a duty of care to the plaintiff;

2. The defendant breached that duty;

3. The plaintiff was injured as a result of the breach; and

4. The plaintiff suffered damages as a result of the injury suffered. 

An important issue to be aware of is the statute of limitations—the amount of time a person has to file a lawsuit against those individuals claimed to be responsible. For a personal injury or products liability lawsuit, the plaintiff has two years from the date of the accident. A products liability lawsuit arises when a manufacturer makes a defective product. In a wrongful death claim, the lawsuit must be filed within two years of the decedent’s death. Critically, if a lawsuit is not filed within these time periods, the right to recover is (usually) lost forever. 

Helping Victims 

Construction workers often operate in environments that have an increased risk of injury. When an injury occurs, it may have been caused by the actions of another person. If you have been injured in a construction-related accident, please contact a skilled Illinois personal injury attorney today. Our firm represents individuals throughout the northwest suburbs in the communities of Schaumburg, Crystal Lake, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness and Deer Park. 

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


Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68


Recovering for the Death of a Relative

Web Admin - Friday, August 14, 2015

Illinois wrongful death lawyerIn some cases, the negligence or wrongdoing of another person may result in the death of a victim before the victim has a chance to pursue legal action against those individuals responsible for the death. For surviving spouses or children, recovery is still possible through a wrongful death action. These actions can be very important in helping secure the financial stability of survivors.

What is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow surviving spouses and children of individuals who die as a result of the negligence or wrongdoing of another person to recover monetary damages from the person responsible for the death. A wrongful death claim is usually brought by the representative of the decedent’s estate on behalf of the survivors. The survivors are called the “real parties in interest.” For the claim to be successful, the plaintiffs must demonstrate the death would not have occurred but for the actions of the defendant.

The two possible damage awards for wrongful death actions include economic and non-economic. Economic damages are tangible or the actual financial costs of the decedent’s death. They may include costs like lost expected future earnings or medical and funeral expenses. Non-economic damages are for items like mental anguish or pain and suffering. While these damages are often more difficult to determine than economic damages, they may result in much greater awards.  

One other form of damages that you may hear about are punitive damages. This type of damage is intended to punish the defendant for exceptionally bad conduct. However, punitive damages are not available to survivors in wrongful death actions in Illinois.

Illinois Law

Under Illinois law, a jury may award damages that they deem as being fair and just “compensation with reference to the pecuniary injuries resulting from death, including damages for grief, sorrow, and mental suffering.” Pecuniary damages are economic, like a decedent’s wages or the costs of the funeral. “Grief, sorrow, and mental suffering” refer to non-economic damages.

Another important issue to be aware of is the statute of limitations. In most cases, the wrongful death action must be filed within two years after the death of the decedent. However, an action against a defendant arising from a crime committed by a defendant in whose name an escrow account was established under the Criminal Victims’ Escrow Account Act must be filed within two years after the establishment of the account.

If negligence is the cause of action for the decedent’s death, contributory negligence must be considered. While contributory negligence is not a defense for the defendant, if the decedent’s death was caused in whole or in part by the decedent’s actions, the damage award is reduced by the percentage of fault assigned to the decedent. Therefore, the recovery amount may be reduced in some cases.

If you would like more information about the possible methods of recovery for injuries you or a loved one have suffered, speak with an experienced Illinois personal injury law attorney today. Our firm proudly serves the communities of the northwest suburbs, including areas such as Crystal Lake, Buffalo Grove, Arlington Heights, Des Plaines, and Deer Park.

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.

Insurance Claim After an Automobile Accident

Web Admin - Friday, July 31, 2015

insurance claim, Illinois car accident lawyer, insurance disputeIn a perfect world, we would not need insurance because we would never have any accidents. Unfortunately, we do not live in such a wonderful place. If you have never been involved in an automobile accident, you may not be familiar with the process of making an insurance claim. Though we hope you never have to go through this process, understanding what to expect if you do can be helpful.

Illinois Fault-Based Insurance

When it comes to automobile accidents, Illinois is a fault-based state. This means that whoever is legally at fault for the accident is responsible for paying those individuals injured by the accident. Usually, this means that the at-fault party’s insurance carrier will pay for the damages. An individual involved in an accident caused by another driver has three options:

  1. 1. File a claim with his or her own insurance company, which will then pursue a subrogation claim against the at-fault party’s insurance company;
  2. 2. Pursue a claim directly with the at-fault party’s insurance company; or
  3. 3. File a personal injury lawsuit against the at-fault driver.

Pursuing Insurance Claims

Usually, automobile accidents involve claims with insurance companies. The requirements on automobile insurance are codified under the Illinois Insurance Code. After a claim is filed, a claims adjuster will be assigned to the case. The adjuster may contact the insured person to obtain more information about the accident. In addition, the adjuster may do the following:

  1. 1. Request a copy of the police report;
  2. 2. Contact the other driver involved in the accident;
  3. 3. Contact any known witnesses to the accident;
  4. 4. Inspect the car for damages (this may include the adjuster taking photographs of the vehicle); and
  5. 5. Contact healthcare providers for information in relation to any injury expenses.

If the accident resulted in no injuries, the only issue will be repair to the vehicle. Resolution of claims made for vehicle repairs usually involves one of the following options:

  1. 1. Use a body shop approved by the insurance company: these shops are already approved to perform automobile repair by the carrier; the claimant simply takes his or her car in for an estimate and the work is subsequently completed;
  2. 2. Obtain quotes: the adjuster may request that the claimant take the vehicle to several shops in order to obtain estimates to compare; or
  3. 3. Claimant uses their own shop: claimants may decide to use a shop of their choosing. But, this may result in the claimant having to pay the difference in cost between the shop he or she chooses and what the insurance company determines is the fair price of the work.

If injuries occur as a result of the accident, resolving the insurance claims becomes more complex. It will be necessary for the claims adjuster to receive evidence of all medical bills. This may require the claimant to sign a waiver granting the insurance company access to his or her medical records. Further, personal injury can add significant costs on top of the cost to repair the vehicle. This added cost may make coming to an agreement on who was at fault and for what amounts much more difficult and time-consuming.

Making claims against insurance companies can be difficult and frustrating. For assistance with your insurance claim, call an experienced Illinois insurance dispute attorney at 847-934-6000 today. Drost, Gilbert, Andrew & Apicella, LLC proudly provides representation for individuals throughout the northwest suburbs, in communities such as Crystal Lake, Barrington, Deer Park, Inverness, and Schaumburg.

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.

Pain and Suffering in Personal Injury Cases

Web Admin - Tuesday, April 14, 2015

pain and suffering, Rolling Meadows personal injury attorneyWhile advances in technology have greatly improved vehicle safety, severe injuries still occur in automobile accidents. When an individual’s injuries are the result of the fault of another person, it is possible for that individual to file a personal injury lawsuit. A difficult, but important, part of a personal injury damage award to determine is an individual’s pain and suffering.

What is Pain and Suffering?

Pain and suffering is a form of non-economic damage, which means, unlike a person’s medical bills, for example, it is not readily quantifiable. Pain and suffering may be requested as part of a personal injury claim, in addition to other claims, such as medical expenses. Critically, an individual has two years from the time of the accident to file a lawsuit, which is known as the statute of limitations. There are two forms of pain and suffering: physical and mental. Physical pain and suffering involves a person’s actual physical injuries, like pain or discomfort.

Mental pain and suffering involves the negative emotions that are connected with physical pain or the trauma associated with the accident and the injuries that result. These emotions may include, but are not limited to, mental anguish, emotional distress, fear, anger, humiliation, or anxiety. If the mental pain and suffering is severe enough, it may result in posttraumatic stress disorder (PTSD).

Calculating Pain and Suffering

Because pain and suffering is subjective, it can be difficult to value. Different individuals will respond differently to injuries and trauma they experience. As a result of the subjective nature of valuing pain and suffering, it is common that the judge will not have specific guidelines to give to the jury. In Snover v. McGraw, the Supreme Court of Illinois held that, “an award for pain and suffering is not as readily calculable…and jurors must draw on their real-life experiences in making an award.” As a result, it is critical to present as much evidence as possible to best convey to the jury the pain and suffering endured.

One way to determine the value of pain and suffering is to multiply the total medical bills and lost earnings (known as actual or special damages) by some factor, usually between 1.5 and four. For example, if an individual’s actual damages are $50,000 and the multiplier is two, the pain and suffering award would be $100,000. The multiplier is usually determined after considering various factors, such as the severity and long-term health consequences of injuries sustained.

There are some other factors that can affect a plaintiff’s pain and suffering award, including:

  • - Whether the plaintiff is credible and likeable;
  • - Whether the plaintiff’s testimony relating to his or her injuries remains consistent; and
  • - Whether the opinion of the plaintiff’s physician supports the plaintiff’s claims of pain and suffering.

An accident can be a frightening ordeal, even if no injuries result. If you have been involved in an accident caused by another person that resulted in harm to you, contact an experienced Illinois personal injury attorney today. Drost, Gilbert, Andrew & Apicella, LLC provides representation to individuals located in the northwest suburbs, including Rolling Meadows, Palatine, and Barrington.

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.

Fire Safety and Landlord Responsibility

Web Admin - Thursday, December 18, 2014

Illinois smoke detector, landlord responsibility, Schaumburg personal injury attorneyWith the nights getting longer and the days getting colder, fire safety is especially important during the holiday season. In fact, according to the Federal Emergency Management Agency's statistics, over $2 billion in property damage occurs every year as a result of winter fires. The culprits can vary from holiday cooking and decorating, to an increased use of space heaters to keep out the chill. Fortunately, there are numerous steps that people can take to keep themselves safe from fire damage during the winter. Additionally, landlords should pay special attention during this season, so that they can be sure that they understand their fire responsibilities.

Fire Prevention Tips

Some fire prevention tips like making sure to maintain working smoke detectors are repeated year round, but there are some special things that people can do during this time of year to reduce their risk of fire. One of the major culprits of holiday fires are holiday decorations. People can find it tempting to string together strand after strand of lights, but these sorts of decorations are only built to connect so many times. Plugging too many into each other can risk creating a spark.

Holidays also tend to be a time of year where there are a lot of open flames around the house. Whether it is a fire in the fireplace or a set of candles in a menorah, these can pose a serious risk if people do not properly supervise them, or they keep them too close to flammable items like curtains or dried out Christmas trees. Similarly, excessive use of space heaters, especially overnight or when no one is home, can also set fire to household objects.

Landlord's Responsibilities

Landlords also have a variety of special responsibilities during this season. One of the most important is set out in the Illinois Smoke Detector Act. This Act makes it the responsibility of a building's owner to install smoke detectors, and to maintain the detectors in common areas like hallways. Similarly, it makes it the tenant's responsibility to maintain the detectors that the owner has put in their living areas, and it makes it the tenant's responsibility to notify the landlord if there is a problem with the detector that they cannot fix.

Landlords also have a duty to ensure that their building is up to local building codes. This includes having safe electrical wiring, which can be especially important around the holiday season. Failure to maintain adequate wiring can be a fire risk, and even if it does not cause a fire it violates the tenant's right to a habitable structure.

Fires can be some of the most devastating disasters on a personal level. If your home was damaged or destroyed in a fire and you think someone else was to blame, contact an Illinois personal injury attorney today. Our team represents people across the northwest suburbs, including in Schaumburg, Mount Prospect, and Arlington Heights. Call Drost, Gilbert, Andrew & Apicella, LLC to schedule a consultation with an experienced lawyer.

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.

Liability for Accidents on the Golf Course

Web Admin - Tuesday, June 03, 2014

illinois golf accident lawyerWith the warm weather finally here, many people have already begun making their way back to the golf courses. Yet, the sport is not without its legal liabilities. Errant golf ball strikes are a common hazard that can result in damage to nearby property, harm to other players, and even death in some more serious circumstances. Additionally, many golf games involve the players drinking during the game or at the clubhouse afterwards. While the players themselves should always monitor their own intake and drink responsibly, the golf course may also be responsible for damage caused by their drinking if it sells them the alcohol.

Errant Golf Balls

The question of liability for errant golf balls hinges on whether the person or property that was damaged was actually on the course or simply nearby.  One of the most common types of accidents on the course occurs when one player injures another. The occasional poorly aimed shot can go awry and hit another player on another hole or standing off the course. Ordinarily, landowners, like the golf course, do not have a duty to protect people on their land from obvious dangers, like errant shots on a golf course, but such a duty does arise when the owner can reasonably anticipate the danger. Consequently, if there is an area, such as a clubhouse deck, where missed shots land with some frequency, the course may be liable to the injured player.

Importantly, this protection does not necessarily extend to people who have purchased homes near the golf course. Errant shots do occasionally hit those homes or the people in them, and when that happens courts have found it to be the homeowner’s responsibility. One example of this happened in 2005 when a missed drive struck a woman sitting in her garden. The court refused to award damages based on the legal doctrine of “assumption of risk,” which means that homeowners who buy houses near a course are aware that shots may occasionally land on their property and they accept that risk when they buy the house.

Alcohol on the Course

That golf courses tend to sell alcohol also implicates something known as “dram shop laws.” These are laws that make alcohol distributors liable for the damage caused by drunken patrons in certain circumstances. These laws allow people who have suffered injury or property damage because of a drunken person to sue the business that furnished the liquor, provided that the business sold enough alcohol to be responsible for the person’s drunkenness and that the drunkenness was the cause of the damage.

If you were recently injured on a golf course, contact a skilled Illinois personal injury attorney today. Our firm counsels clients in towns around the northwest suburbs, including in Crystal Lake, Buffalo Grove, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Pedestrian Traffic Accidents in Illinois

Web Admin - Thursday, March 13, 2014

illinois pedestrian accident attorneyWhile many traffic accidents can cause the victims serious injuries, accidents involving a car and a pedestrian can be particularly devastating. The pedestrian’s complete lack of protection can leave them especially vulnerable to injury. In fact, of the hundreds of pedestrian-vehicle accidents that happen each year in suburban Cook County, almost 25 percent of them result in fatal or incapacitating injuries, according to the Illinois Department of Transportation’s crash summary report. Pedestrians should be aware of the common causes and consequences of traffic accidents, as well as the legal ramifications of one, in order to keep themselves safe.

Causes and Consequences of Pedestrian Traffic Accidents

Traffic accidents involving pedestrians have a wide variety of different causes. One of the most common causes is simple carelessness on the part of the driver. Failing to stay alert for pedestrians at crosswalks and in the street can lead to serious accidents. Evening and night driving can also exacerbate these problems because the low light makes people more difficult to see. 

This is especially true for elderly drivers whose increased risk for vision problems already makes them more likely to be involved in car accidents. Violations of traffic laws are also common causes of pedestrian injury, especially driving under the influence and speeding. Accidents resulting from speeding can be particularly problematic because the higher speeds can cause more severe injuries to the unprotected pedestrian.

When these accidents do happen, the injuries that arise can be quite serious. Pedestrians can experience a range of injuries, including:

  • - Broken bones;

  • - Head trauma;

  • - Brain injuries;

  • - Paraplegia;

  • - Quadriplegia;

  • - Amputations;

  • - Disfigurements; and

  • - Injuries to the neck, back, and spinal cord.

The Legal Side of Pedestrian Traffic Accidents

These sorts of accidents can give rise to personal injury claims on the part of the pedestrian if they suffer a serious enough injury. The personal injury case will hinge on the legal concept of “negligence.” This means that the driver, or their insurance, will likely have to compensate the pedestrian for their injuries if the court finds that the driver acted negligently, meaning that they acted without reasonable care for the other people around them. This concept is also important when judging the pedestrian’s actions, because the pedestrian may have been negligent as well.

For instances in which both the pedestrian and the driver were negligent, Illinois judges fault based on “comparative negligence.” The doctrine of comparative negligence means that a person’s ability to recover for their injuries is reduced if they were also acting carelessly. For example, if a pedestrian is 20 percent responsible for their injuries, they would only be able to recover 80 percent of their costs. Furthermore, if a pedestrian is more than 50 percent responsible for their own injuries, they cannot recover at all.

If you have recently been involved in a pedestrian-automobile accident, contact an Illinois personal injury attorney in your area. We represent clients in matters like this in many northwest suburban towns, such as Crystal Lake, Des Plaines, and Arlington Heights.

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

Holiday Toy Safety: What Parents Should Know

Web Admin - Wednesday, December 04, 2013

With the holiday season getting into full swing, many parents will soon comb the aisles of toy stores looking for the perfect children’s toys. However, parents should keep in mind that not all toys are safe for all children, and some purchases can result in serious harm to their child. Fortunately, the government and public interest groups make many toy safety resources available, so that parents can get some peace of mind by educating themselves about the dangers of unsafe toys.

Potential Toy Dangers

Children’s toys can present a wide variety of dangers, some obvious, others less so. For instance, sharp edges or points and choking hazards, such as small parts or strings, are common concerns for parents. The government even banned the use of small parts in toys for children under three years old. But, despite this attempt towards prevention, many toys with small parts still make it onto store shelves every year. Doctors recommend that parents take care around any toy with parts that can fit through a toilet paper roll. Additionally, parents should take extra care around small magnets, which often present choking hazards, but may not be regulated as strictly if they come in unusual shapes.

Unfortunately, parents cannot detect all toy dangers so easily. Some toys may contain unacceptably high levels of toxic chemicals that can harm children. Lead is a common hazardous chemical that still finds its way into children’s toys. Though the government attempts to limit the amount of lead in any toy to 100 parts per million (ppm), a report by the Public Interest Research Group (PIRG) found one toy containing 29 times that amount of lead. Other toys could present noise hazards, which the government does not regulate as heavily. These toys, which produce sounds in excess of 85 decibels, can harm children’s ears and lead to hearing loss in some cases.

Safety Resources

Fortunately, many groups publish toy safety guides or lists of harmful toys, like the PIRG report above, that concerned parents can use to learn more about the dangers. The United States Consumer Product Safety Commission (CPSC), puts out many of these guides, including some focusing on specific types of hazard or specific age groups. Additionally, the Illinois Attorney General’s office also publishes a safe shopping guide.

Legal Assistance

If your child sustained an injury playing with an unsafe toy, contact an experienced Arlington Heights personal injury attorney today. Our knowledge can you receive compensation for the injury of your child. We serve many northwest suburban areas including Crystal Lake, Palatine, Chicago, Inverness, and other nearby communities.


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