What to Expect When Suing an Insurance Company

Web Admin - Thursday, September 11, 2014

insurance lawsuit, Palatine insurance lawyerPeople purchase insurance with the goal of protecting themselves in the event that something unfortunate happens. However, no matter how hard people try to understand their policies and the limitations on them, many people face situations where they feel that the insurance company should be compensating them, but the company refuses. When this happens, people have a variety of options.

First, they can enter into an internal appeals process. Most insurance companies have a function that allows other employees of the company to review refusals and determine if they were warranted. If that fails, then the Illinois Department of Insurance also investigates some insurance-related issues. Alternatively, people with issues that neither of those strategies can solve may need to sue their insurance company if they want to see the compensation that they have already paid for. It is important for people to understand the process of a lawsuit and the length of time that it may take. Insurance companies are expert litigators, and they may drag the process out.

Understanding a Lawsuit

The beginning part of the process for filing a lawsuit against your insurance company involves hiring a lawyer and filing a complaint against them. The complaint is a legal document that triggers a lawsuit, and lays out the general allegations against the insurance company. Once this happens, the insurance company is allowed to respond with a document called an answer. The answer takes each fact asserted by the complaint and either confirms or denies them, so that both parties understand what is in dispute. Once this happens your lawyer and the insurance company lawyers will engage in discovery.

Discovery is a legal process in which both sides ask the other side questions to better understand the facts. This is mainly done through requests for documents, written questions called interrogatories that the other side has to answer, and depositions, which are in-person interviews. The majority of lawsuits end at some point during this phase. As more information comes out, both sides begin to understand their chances of winning at trial, and they likely reach a settlement. In the event that there is no settlement, the case moves to trial where both sides' attorneys present their arguments to the judge, who eventually makes the final legal decision.

Your Part in the Process

Not every step in that process will require the client's involvement. Initial interviews will need to be done for the attorney to get a picture of the case, and there will also be periodic conferences as new facts appear or the case moves forward. The most intensive piece that the client will need to do is prepare for a deposition in case the insurance company wants to depose them. This may require working with the client's attorney to better understand the types of questions that they company may ask, so that the deposition goes smoothly.

If you are currently having an issue with an insurance company and would like to file a lawsuit against them, contact a dedicated Illinois insurance dispute attorney today. At Drost, Gilbert, Andrew & Apicella, LLC, we represent clients in many northwest suburban towns including Inverness, Palatine, and Schaumburg.

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.

How to Handle a Denied Insurance Claim in Illinois

Web Admin - Tuesday, May 13, 2014

illinois denied insurance attorneyPeople purchase insurance coverage to protect themselves when something goes wrong. Depending on the type of insurance, claims can be paid out for health issues, auto accidents, home repairs, or deaths in the family, among other things. These are already stressful events. A denied insurance claim merely serves to add more stress and difficulty to an already trying situation. The reasons for such a denial can be varied and depend on the type of insurance in question, but in these situations consumers have options available to them to contest the insurance denial.

Reasons for a Denial

The reasons for an insurance company to deny a claim on a policy vary greatly between different types of insurance. For instance, a company providing a life insurance policy may reject a policy claim based on a belief that the person’s death was actually a suicide, or a company providing health insurance could reject a claim made for a specific treatment by arguing that the treatment was not actually medically necessary. However, there are also some grounds for a denial that span across the insurance industry. One of the most common is a “material misrepresentation,” which means that the company believes that the policyholder lied or withheld important information during the application for a policy.

Exactly what qualifies as a material misrepresentation changes from industry to industry. Health or life insurance companies would argue that hiding a prior medical condition may be a material misrepresentation, while an auto insurance company would be more concerned with a past accident. Furthermore, any of these reasons could just be a pretext for a “bad faith” denial, which means that the insurance company privately believes that the policyholder has a valid claim, and simply does not want to part with its money.

Contesting a Denial

Policyholders facing a denied claim do have options available to them. The process will likely begin with the insurance company’s internal appeals process. This may involve letter writing, phone calls, or in-person interviews where the policyholder explains their position. It can be advantageous to consult a lawyer at this point for two reasons.

First, the insurance company may have lawyers involved at this stage, so it evens the playing field. Second, if the issue does proceed to a lawsuit, the lawyer will already know the case’s history and they may be able to prevent early missteps that would cause problems in litigation, which would be the next step if the internal appeals fail. The one exception to this is in the case of health insurance. Illinois recently passed a law allowing policyholders to apply for an independent external review in the case of a denied health insurance claim.

If you are dealing with a denied insurance claim, you do not need to do it alone. Reach out to a skilled Schaumburg insurance dispute attorney today. Our team represents clients across the northwest suburbs, including in towns such as Crystal Lake, Arlington Heights, and Buffalo Grove, Illinois.

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.

What to Do if Your Life Insurance Claim is Denied

Web Admin - Tuesday, February 04, 2014

illinois life insurance claim lawyer

The law provides insurance companies with a variety of methods to protect themselves against fraud. Unfortunately, insurance companies may attempt to use these tools to withhold payment on legitimate claims. Two of the common ways that life insurance companies may try to stop beneficiaries from collecting on their claims are by rescission of the policy and denial of the insurance claims
A policy rescission occurs when the insurance company alleges that the person who took out the policy misrepresented material facts about themselves. If successful, this allows the insurance company to withdraw the person’s coverage. Conversely, if an insurance company denies a claim, they do not contest the validity of the whole policy. Instead, they are simply saying that the person’s death fell into an exception in the insurance. While both of these tactics result in a non-payment of the claim, they require different strategies to handle them.

Dealing with Rescission

When an insurance company rescinds a contract, they declare that the entire policy is invalid. One of the most common reasons that an insurance company will give for such a rescission is a “material misrepresentation.” This means that the company claims that the deceased wrongfully answered questions on the application related to things such as their age or medical history. To fight a rescission of this sort, your insurance attorney must prove that the deceased either did not make such a misrepresentation, or that any misrepresentation was not material. 

Fortunately, Illinois law does provide some protection in these circumstances. First, the law requires that the alleged misrepresentation occurred on the actual policy application, and not simply in a conversation with the insurance company. Second, the law forbids insurance companies from rescinding policies more than two years after issuance, except in cases of non-payment of premiums.

Dealing with Denial

An insurance company can deny a claim for several reasons, often because they believe the death falls into a policy exception, or because they believe the person filing the claim is not the proper beneficiary. One common fight over policy exceptions occurs when the insurance company asserts that a person’s wrongful death was actually a suicide, as suicides are ordinarily not covered by life insurance. Overcoming this sort of denial often requires bringing forth evidence to prove that the death truly was an accident.

If you believe that your life insurance policy was improperly revoked or if you had a life insurance claim denied recently, then consider contacting an Illinois insurance attorney today. Our firm handles cases across the northwest suburbs, including in Arlington Heights, Rolling Meadows, and Des Plaines.

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


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