Basic Overview of Medical Malpractice Claims

Web Admin - Tuesday, January 05, 2016

medical malpractice claims, Illinois personal injury attorneyWhen we are sick or injured, we turn to doctors and other health care professionals for help. Unfortunately, in some cases, mistakes are made that can lead to more harm. When those mistakes rise to the level of negligence, it may be possible for the victim to file a medical malpractice claim against those responsible. 

Making a Claim 

In general, the following must exist for an individual to make a medical malpractice claim: 

1. A doctor-patient relationship;

2. The doctor, hospital, or medical professional acted negligently in diagnosing or treating the patient, which is proven by showing that a competent doctor under the same circumstances would not have caused the harm the patient suffered;

3. The negligence caused the patient’s injury; and

4. The patient suffered specific damages, which may include physical pain, mental suffering, increased medical bills, or the inability to work. 

Under Illinois law, a victim must file a claim within two years of the date he or she became aware of, or should have become aware of, the medical malpractice (this period is known as the statute of limitations). However, a claim cannot be made more than four years after the date of the malpractice, regardless of when the malpractice was discovered. 

If the victim is under 18 years old, the statute of limitations is eight years or when the victim turns 22, whichever occurs first. The statute of limitations is important because after the period to file expires, claims are usually barred. 

Plaintiffs in medical malpractice claims must also file a certificate of merit along with their complaint. Many states require a certificate of merit (or similar document) in an attempt to reduce the number of medical malpractice claims, which are often expensive and time-consuming to complete. A certificate of merit demonstrates that there is some indication of malpractice, which can help ensure that the claim is not frivolous. 

Illinois law requires the plaintiff to declare that one of the following is true: 

- Consultation with a health professional was made and that individual determined in a written report that there is a reasonable and meritorious claim the plaintiff can make;

- Consultation with a health professional was not possible because the statute of limitations was close to expiring (the plaintiff has 90 days from filing the complaint to satisfy the written report requirement); or

- Request was made for the patient’s health care records and the person responsible for presenting them failed to do so within 60 days of receipt of the request (the plaintiff has 90 days from the date of receipt of the records to satisfy the written report requirement). 

It is important to note that if the requirements of the certificate of merit are not met, the statute of limitations continues to run, even if the complaint was properly filed. Help for Victims

If you have been injured and believe it was the result of negligence on the part of a doctor or other health care provider, it may be possible for you to recover a damage award. For more information, please contact an experienced Illinois personal injury attorney today. Our firm provides our services to 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. 



Illinois Supreme Court to Consider Negligent Credentialing Case

Web Admin - Monday, February 16, 2015

Illinois Negligent Credentialing, medical malpractice lawyerThe relationship between doctors and hospitals is a complex one. Most people assume that the doctors work for or are partners in the hospital. While some hospitals choose to employ their doctors, it is much more common for the doctors to be independent contractors. The hospitals give the doctors the right to admit patients to the hospital and use their facilities, a decision known as “credentialing.”

Yet, hospitals cannot simply give privileges to whomever they want. The law imposes a duty on hospitals to exercise reasonable care in managing their facilities in order to protect patients. Failure to do so can see the hospital held liable for negligent credentialing.

What Is Negligent Credentialing?

Negligent credentialing occurs when a hospital allows a physician to use their facilities despite that physician’s lack of qualifications. Illinois law requires a plaintiff to prove three things in order to prevail on a negligent credentialing claim:

  1. 1. The hospital breached its duty of care by improperly granting staff privileges to an unqualified physician;
  2. 2. The physician breached the medical standard of care by providing medically negligent treatment in conjunction with their negligently awarded privileges; and
  3. 3. The awarding of the privileges was the proximate cause of the plaintiff’s injuries, meaning that the direct cause of the injuries was the fact that the hospital negligently granted staff privileges to the doctor.

One of the difficulties of winning on a negligent credentialing claim is proving that first element. This requires evidence of what the hospital knew when they credentialed the physician and how thorough their procedures were. The Illinois Supreme Court recently took a case to determine whether plaintiffs in a lawsuit may have access to those records, Klaine v. Southern Hospital Services.

Klaine v. Southern Illinois Hospital Services

The issue in Klaine arises from a colon surgery gone wrong. The plaintiff wanted to pursue a negligent credentialing claim against the hospital, and as part of discovery process the plaintiff requested information about the surgeon’s credentialing process, such as his work history, prior insurance claims against him, and recommendations about his credentialing by the hospital staff. The hospital resisted, citing an Illinois law requiring that a physician’s application for staff privileges be kept “confidential.” The appeals court decided that there was a difference between general confidentiality rules and “privilege,” the special, heightened form of confidentiality that protects things from disclosure during a lawsuit. The Supreme Court will now take the case on to determine if the appeals court was correct in that determination.

The landscape of medical malpractice law is constantly changing. If you have been injured by a physician’s negligence and want to learn more about your options, contact a Crystal Lake medical malpractice attorney at Drost, Gilbert, Andrew & Apicella, LLC today. Our firm helps injured patients all across the northwest suburbs, including in towns like Inverness, Palatine, 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.

High Amounts of Preventable Mistakes During Surgery

Web Admin - Wednesday, August 06, 2014

mistakes during surgery medical malpracticePeople routinely place their lives in the hands of medical professionals like surgeons, trusting that they will be careful and responsible. At the same time, people understand that accidents do happen. Surgery can be a difficult process, and there are some complications, like infections, that may occur even if the doctors do everything right. Still, there are certain surgical mistakes that medical professionals universally agree should never occur.

Generally speaking, these “never events” include leaving surgical implements in a patient, performing operations on the wrong site, performing the wrong type of operation, and performing the surgery on the wrong patient. Despite this universal agreement that such completely preventable mistakes should never happen, a study from Johns Hopkins University reveals that surgeons make these sorts of errors with startling regularity.

The Johns Hopkins Study

The study analyzed data that researchers gleaned from the National Practitioner Data Bank (NPDB), a database of medical malpractice claims. The law requires hospitals to report preventable surgical errors that lead to legal settlements or judgments against the hospital to the NPDB. This makes the NPDB a repository of data on never events.

The researchers used data from the NPDB and extrapolated out total error rates based on the thousands of medical malpractice judgments and settlements over the last 20 years. They estimate that there are over 4,000 preventable surgical errors in the U.S. every year. These sorts of errors tend to result in a patient's death approximately 6.6 percent of the time, with another 32.9 percent of patients suffering a permanent injury from the never event.

Additionally, the researchers analyzed the patterns of surgeons who make these sorts of mistakes. For instance, they found that surgeons between the ages of 40 and 49 accounted for over one in every three mistakes and that over 10 percent of doctors had been implicated in more than one never event.

Possible Precautions

Fortunately, there are a variety of precautions that hospitals can take to ensure that these sorts of preventable errors do not occur. For instance, some hospitals have specific protocols in place to inventory surgical implements like towels and sponges before and after a surgery to ensure that the doctors leave nothing behind inside the patient.

Beyond that, many hospitals also use special review procedures at the start of a surgery, ensuring that the patient's records for the surgery match the patient on whom the doctor is about to operate. Additionally, practitioners can also use permanent marker to label the operation site. This can help prevent surgeons from operating in the wrong place or operating on the wrong patient.

If you or one of your loved ones has recently been the victim of a surgical error or other medical mistake, contact a skilled Illinois medical malpractice attorney. Our firm represents injured patients in many different northwest suburban towns, including Schaumburg, Arlington Heights, and Crystal Lake.

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.

Recent Posts


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