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.


Strict Product Liability Claims

Web Admin - Monday, September 21, 2015

When an individual is injured by a product, recovery of damages may be possible through a products liability claim. Under this type of claim, manufacturers, sellers, or other suppliers of products are held liable to consumers who are harmed by those products. And in some cases, product liability claims may fall under the theory of strict liability.

Defective Products

In order to recover under a products liability claim, the plaintiff must show that the product was dangerous or defective. Generally, the law requires that products meet the ordinary expectations of consumers. When a product defect exists, those expectations are not met. A defective product is one that, at the time of its sale or distribution, contains a manufacturing defect, is defective in its design, or that has a marketing defect.

A manufacturing defect occurs when a product is not made according to its intended design. A design defect occurs when the foreseeable risks of harm posed by the product could have been reduced or eliminated by the adoption of a reasonable alternative design. A product contains a marketing defect when it has inadequate instructions or warnings and the foreseeable risk of harm could be reduced by the inclusion of reasonable instructions or warnings. Additionally, the omission of such instructions or warnings must cause the product to be unreasonably dangerous.

Strict Liability

Pursuant to Illinois law, product liability claims are any action based on strict liability brought against the seller, manufacturer, or distributor of a product that causes personal injury. Under this type of claim, a defendant pays for harm caused by a product even though the defendant did not act intentionally or negligently. In other words, the defendant’s actions or behavior is not relevant to the determination of liability. Rather, for a strict liability claim, the plaintiff must show the following:

  1. 1. The injury resulted from a condition or defect of the product manufactured or sold by the defendant;
  2. 2. The condition or defect of the product was unreasonably dangerous; and
  3. 3. The condition or defect existed at the time that the product left the control of the manufacturer.

Product liability claims are commonly brought against the manufacturer of a product, but they may also be brought against:

  • - Manufacturers of component parts that go into a product;
  • - Parties that assemble or install a product;
  • - Wholesalers;
  • - Retail stores that sell a defective product to a consumer; or
  • - Under Illinois law, anyone involved in the placement of a product into the stream of commerce.

Under the statute of limitations, product liability claims must be brought within two years of the date on which the plaintiff knew, or should have known through the use of reasonable diligence, of the personal injury.

Product liability claims can provide compensation for victims, while also holding those involved in the production and sale of defective products accountable. For more information about product liability claims, contact a dedicated Illinois personal injury attorney today. Our firm provides representation throughout the northwest suburbs, in the communities of Crystal Lake, Schaumburg, 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.



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.

Recent Posts


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