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.

Insurance Agent Negligence: The Duty Agents Owe to Their Customers

Web Admin - Tuesday, March 04, 2014

illinois insurance agent negligence lawyerInsurance agents often act as a person’s main point of contact throughout the process of procuring an insurance policy. This means people are relying on insurance agents to do their job thoroughly, carefully, and professionally. To that end, the law imposes a duty of reasonable care on insurance agents to ensure that they perform their jobs accurately. 

The fact that agents have this duty means that if the agent harms a customer through their negligence, they may be liable to that customer in court for the damage that their insurance negligence caused. Generally speaking, these sorts of claims for negligent errors and omissions come in two forms: improperly filing or filling out insurance paperwork, and failure to properly counsel the client on the type of insurance they need.

Types of Insurance Agent Negligence

Insurance agent negligence often occurs in an agent’s clerical capacity. An agent must exercise reasonable care in the filling out of insurance paperwork to make sure that the insurance company provides coverage and that the policies are properly updated. An example of this sort of negligence in the realm of car insurance would occur if a person wanted to add someone to their insurance policy, and yet after informing the agent, the agent never properly filed the paperwork to add them to the policy. If the new person, who should be covered under the insurance, was in a car accident, the agent would be liable for the person’s lack of coverage.

Insurance agents also have a duty to exercise ordinary care when advising clients about the types of policy they need, along with possible limits and exemptions of the policy. This claim comes up often in the case of policy exclusions, which are special circumstances in the insurance policy for which the company refuses to pay. These exemptions can often be long and complex, which means that the insurance agent may be liable for negligently advising the customer if they do not make the exclusions clear. 

For an example of this, consider a person buying homeowner’s insurance who explicitly wants coverage for every item in their home in the case of a fire. If an agent provides them a policy that excludes jewelry or some other class of property, the insured might have a claim against the agent for negligent errors and omissions.

The Statute of Limitations

Statutes of limitations are time limits that the law places on people looking to file lawsuits. In the case of insurance agent negligence, Illinois law limits people to two years to file the suit once the person has a cause of action. However, that time limit can be deceptively complicated since it does not say when a person has a cause of action. Generally, courts start the clock running once the insurer first takes a position that runs against the insured’s expectations. That can mean in some cases the insured needs to act quickly, since it is possible that their underlying insurance case will not even be finished before the statute of limitations related to the agent expires.

If you believe you have been the victim of insurance agent negligence, find an Illinois insurance attorney near you. They can help protect your rights in court and ensure that you recover fair compensation for the harm done by negligent insurance agents. Our firm represents people across the northwest suburban area, in towns like Rolling Meadows, Buffalo Grove and Barrington.

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


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