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Recognizing Abuse or Neglect in a Nursing Home or Assisted Living Facility

Web Admin - Wednesday, January 16, 2019
Schaumburg nursing home negligence lawyerIf you have an elderly relative who lives in a nursing home or assisted living facility, or perhaps is staying temporarily in a rehab center, you could arrive for a visit one day and find that your loved one appears to be seriously ill or injured. There are certainly many ways this can happen through no fault of the facility or caregivers. However, if you see any signs that an illness or injury was the result of nursing home negligence, abuse, or neglect, you should consult a personal injury attorney to determine your legal options.

Examples of Nursing Home Neglect in Illinois


In one recent Illinois case, a nursing home resident died as a result of a head injury sustained during a fall. While being transferred from her bed to her wheelchair via a mechanical lift, the resident fell out of the lift, striking her head. A wrongful death lawsuit was subsequently filed seeking $100,000 in total damages based on two specific claims of negligence. First, the facility’s policy stated that transfers via a mechanical lift were to be performed by two trained staff members. However, in this case, it was alleged that only one staff member was present. The lawsuit also alleged that the facility failed to act with appropriate care in response to the resident’s documented status as “high risk for falling.”

Another recent lawsuit alleged that a nursing home neglected to give appropriate care to a bedridden resident. The resident entered the nursing home specifically to receive care for pressure sores. Rather than improving, the sores grew worse and became infected. The resident’s family members alleged that the facility was negligent in failing to take appropriate action to treat the bedsores. The resident wound up needing surgery and ongoing wound care treatment for two more years, with one small, open wound still remaining at the time of the lawsuit. This case went to trial, which is unusual, because most civil disputes are resolved via pretrial negotiations. The jury awarded the resident $1.25 million, which included $475,000 for past pain and suffering, $300,000 for future pain and suffering, and an additional $475,000 for the facility’s violation of state laws designed to protect nursing home residents.

Consult a Palatine Elder Abuse Attorney  


If you have an elderly relative who may have been abused or neglected by a caregiver, your first step should be to carefully document each specific incident with photographs, times, dates, and names of possible witnesses. Then, call an experienced Arlington Heights nursing home neglect lawyer. The law firm of Drost, Gilbert, Andrew & Apicella, LLC has obtained compensation for our clients in numerous cases of personal injury, including cases involving negligence or malpractice in healthcare settings. Contact us at 847-934-6000 to schedule a free consultation.

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



Sources:
https://www2.illinois.gov/aging/ProtectionAdvocacy/LTCOmbudsman/Pages/ombuds_reporting.aspx
https://www.mednetcompliance.com/residents-lawsuits-residents-deaths/

How Trust, Emotions, and Facts Affect Personal Injury Verdicts

Web Admin - Monday, December 24, 2018
Inverness personal injury lawyer jury verdictSerious injuries, illnesses, and deaths happen every day. In many cases, these are unfortunate events that naturally occur in our imperfect world. However, there are times when a personal injury or wrongful death occurs as the result of another party’s negligence or misconduct. For example, a drunk driver may cause a collision that kills another person, or a business may fail to take reasonable precautions when manufacturing a product. In these situations, the party at fault has a civil responsibility to compensate the injured party for their damages. 

Juries Sometimes Award Huge Sums in Personal Injury Cases


Many, if not most, personal injury cases are resolved through an out-of-court settlement negotiated by lawyers. In some cases, however, the two sides cannot agree on the amount of damages that one party should pay to the other, so the case must go to trial. The verdicts in personal injury trials are often unpredictable, and they are sometimes dramatically large, as in these recent 2018 cases:

- An Indiana jury awarded $35 million to a man who was rendered a quadriplegic in a car crash caused by a drunk driver. 

- A Georgia jury awarded $1 billion to a young woman who was sexually assaulted by an armed security guard employed by her apartment complex.

- A San Francisco jury awarded $289 million, which was later reduced by a judge to $78 million, to a man whose cancer was caused, according to the court’s verdict, by Roundup weedkiller.


How Attorneys Build a Convincing Case for a Large Verdict 


What factors convince a jury to rule in favor of an injured person and to award large amounts of compensatory and punitive damages? This is a hard question to answer definitively, but there are several factors that play a role. An experienced personal injury lawyer knows how to leverage these factors and use them to construct a compelling combination of factual evidence and emotional arguments for a jury trial.

One factor is that jurors seem to be less offended today by plaintiff requests for multi-million dollar verdicts and more willing to award them. Court-watchers speculate that American citizens have been affected by the barrage of online stories highlighting exorbitant professional athlete contracts, lottery jackpots, and the huge gap that has developed between CEO compensation and worker wages. As a result, jurors tend to believe that a corporate defendant can easily afford a large payout and must be made to feel the pain of their mistakes through punitive damages, and that the injured party deserves the compensation. 

Another factor is more widespread feelings of anger and distrust against “the elite.” Part of this stems from the growing division between the highest-paid and the lowest-paid workers in America. This has caused more anger and distrust toward the leadership of large corporations, who are viewed as getting rich at the expense of their workers. Also, with so much “fake news” going around on social media, people are becoming more distrustful in general. In some cases, jurors even distrust the injured person’s attorney and increase their award to the injured person just to “make sure they are taken care of” after the plaintiff’s attorney takes their share of an award.

Short attention spans are a third variable that personal injury lawyers must increasingly take into account when developing their trial arguments. Younger generations do not have the patience to sit through days of oral testimony by technical experts. Attorneys need to use more graphics, videos, and even virtual reality recreations of an accident scene in order to make testimony more compelling and impactful to jurors. 

Attorneys must also be sensitive to the way the injured person is portrayed and the way their story is told. Juries who are emotionally touched by a well-told story can be swayed toward one side or the other. For example, when jurors see that the injured party is part of a likeable, hard-working family that they can relate to, they are more likely to favor the injured party. The injured person’s attorney may also encourage jurors to look at the injured person and think, “What if it were me?” When such feelings are strong enough, they can cause jurors to override arguments that the defendant acted according to reasonable standards of care.

Consult a Des Plaines Personal Injury Attorney  


If you have been injured through another person’s or corporation’s negligence or wrongdoing, you could have grounds for a personal injury lawsuit and be eligible to receive compensation for your injuries. The first step is to discuss your case with an experienced Barrington personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC have decades of experience obtaining due compensation for our clients in personal injury and wrongful death cases. Contact us at 847-934-6000 to schedule a free consultation.

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



Sources:
http://riskandinsurance.com/5-reasons-why-juries-are-awarding-billion-dolla…
https://www.theindianalawyer.com/articles/45836-recent-35m-verdict-is-among-largest-indiana-jury-personal-injury-awards
https://www.npr.org/sections/thetwo-way/2018/05/24/613964570/georgia-jury-awards-1-billion-in-lawsuit-over-girls-rape
https://www.wsj.com/articles/judge-reduces-jury-award-against-bayers-roundup-to-78-5-million-1540258899

Recovering Damages When Injured on Chicago Area Public Transportation

Web Admin - Friday, December 21, 2018
Inverness bus accident injury lawyerIf you regularly utilize the public transportation network in Chicago and its suburbs, there are a number of ways in which you could be injured and have grounds to file a personal injury lawsuit. Whether you ride buses or trains operated by Metra, CTA, or Pace, the potential causes of personal injuries are similar, including:

- A slip-and-fall that occurs at least in part due to the negligence of a bus or train operator. A fall attributable only to wet floors on a bus or train when it is raining outside is unlikely to qualify. On the other hand, CTA could be liable for a fall caused by an improperly trained driver who stopped their vehicle too quickly.

- Injuries attributed to faulty design or maintenance of a station platform or piece of equipment.

- Injuries sustained during a train derailment or a bus crash attributed to operator error. For example, Pace could be held liable if a bus driver causes a crash by running a red light, speeding, or being distracted by looking at their phone. However, if a collision is wholly the fault of another vehicle’s driver, Pace would generally not be liable.

- Wounds suffered by a pedestrian who is struck by a bus or train, or by parts flying off a bus or train, where it can be shown that the operator of the bus or train was at fault. If a person trespasses onto train tracks and is struck, they generally cannot hold the train operator responsible.

- Injuries inflicted by a public transit security officer who used excessive force or committed some other type of misconduct.


Time Is Critical in Chicago Public Transportation Injury Cases


If you believe you have a legitimate claim for damages against CTA, Metra, or PACE, you should contact a personal injury attorney as soon as possible. There are two reasons why Illinois personal injury cases involving public transportation are time sensitive. First, critical evidence must be protected, such as security video recordings that are typically only retained for a limited period of time before being erased or overwritten. An attorney must typically file an emergency protection order to preserve videos and other relevant evidence. Second, Illinois state law (745 ILCS 10/8-101) requires all claims against “local entities,” which includes local public transit authorities, to be filed within one year of the incident, versus a two-year timeframe for most other lawsuits. 

Recovery of Compensation from Transit Authorities is Possible


In 2017, a woman who was injured in a CTA train derailment was awarded more than $6 million in damages by a jury. She suffered injuries to her head, neck, and back when her head struck a metal pole and a door inside the train car. 

To compensate a man who was assaulted in a train station by Metra police officers, Metra agreed to an out-of-court settlement of $250,000 in 2017. The entire incident was captured on video.

Consult an Arlington Heights Public Transportation Accident Attorney 


If you have been injured on public transportation in the Chicago area, and you think you may have grounds for a personal injury lawsuit, talk to a knowledgeable Rolling Meadows personal injury lawyer without delay. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will review your case at no cost to you. Contact us at 847-934-6000 to schedule a consultation.

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



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2062&ChapterID=58&SeqStart=8900000&SeqEnd=9200000
https://chicago.suntimes.com/news/woman-who-sued-cta-over-2014-blue-line-derailment-gets-6-5m/
https://www.nbcchicago.com/news/local/metra-police-beating-video-lawsuit-463813893.html

How Much Is Pain and Suffering Worth in a Personal Injury Lawsuit?

Web Admin - Tuesday, November 20, 2018
Schaumburg personal injury attorney pain and sufferingWhen you or a family member has suffered a personal injury as the result of someone else’s negligence or wrongdoing, you have probably suffered serious financial losses as well. Even if you had good health insurance, or the person who caused the accident had insurance that paid some or all of your medical bills, there are almost always uncovered costs.

Your uncovered losses may include: 

- Medical costs for treatment of the injury when it occurred.

- Costs to buy special equipment or even to modify your home to accommodate a disability.

- Costs for rehabilitation services which could be needed for months or even years.

- The cost of round-the-clock, long-term care provided in your home or at an assisted living facility.

- Costs for mental health treatment.

- Loss of income the person would have earned had they not been injured.

- Costs for your family to travel and visit the injured person.

- Non-economic costs, which are often lumped under the broad umbrella of “pain and suffering.”

Measuring the Non-Economic Costs of an Injury


An attorney can tally up the financial costs listed above, make future projections, and come up with an appropriate figure as compensation for those losses. However, the calculation of the value of non-economic losses is much more difficult. Some of the specific factors that need to be weighed include: 

- Is the person permanently disfigured or physically impaired, such as by an amputation or paralysis?

- Will they have to suffer through numerous surgeries over the years to try to restore their appearance and/or function?

- Is the injury such that it results in long-term pain to the victim? This is often the case in spinal cord injuries or when a part of the body, such as a leg, suffers multiple fractures or fragmentation.

- Has the person suffered severe emotional distress, perhaps from seeing friends or family killed in the same incident?

- Has the victim suffered from severe insomnia, nightmares, anxiety, depression, or post-traumatic stress disorder?

- Are there beloved hobbies or activities that the person can no longer participate in as a result of the injury?

- Have family members of the victim suffered loss of consortium or companionship due to the victim’s injuries?

The more of these factors that you can prove, the more non-economic damages you may be able to recover. Documentation will be important to prove that these factors are real, including physician reports, medications prescribed, and your own personal documentation, such as a diary noting how the victim was feeling from day to day.

An attorney who has handled many personal injury cases will likely have developed their own formula, or chosen useful formulas developed by others, to translate these non-economic costs into a dollar figure to cite in the lawsuit. One common method is to apply a multiplier to the total financial damages. For example, if the victim and family’s financial losses totaled $500,000, you might triple that figure and claim an additional $1.5 million for non-economic losses. The multiplier, of course, would depend on the severity of the injury suffered and the extent of the non-economic losses. 

Is There a Legal Cap on “Pain and Suffering” Damages in Illinois?


The Illinois legislature passed a law in 2005 to limit awards for non-economic losses in medical malpractice cases to $500,000 for physicians and $1,000,000 for hospitals. However, in 2010, the Illinois Supreme Court subsequently ruled that law unconstitutional. Thus, Illinois currently places no limit on the amount of compensation that can be awarded for non-economic losses.  

Consult a Rolling Meadows Personal Injury Attorney 


If you are wondering whether you should file a personal injury lawsuit, consult an experienced Palatine personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will determine the best legal strategy for your case and fight aggressively to see that you are compensated for your losses. Contact us at 847-934-6000 to schedule a no-cost, no obligation consultation.

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



Sources:
https://www.chicagotribune.com/news/ct-xpm-2010-02-05-1002041182-story.html
https://centerjd.org/content/fact-sheet-caps-compensatory-damages-state-law-summary
https://centerjd.org/content/fact-sheet-understanding-non-economic-damages

Considering a Personal Injury Lawsuit? Follow These Helpful Tips

Web Admin - Tuesday, November 06, 2018
Rolling Meadows personal injury attorneyIf someone in your family has suffered severe injuries and financial hardship as a result of someone else’s negligence, you are probably wondering if you should file a personal injury lawsuit to recover compensation for your losses. 

Yet, like many people, you may hesitate to contact a personal injury lawyer about your situation for reasons such as:

- You believe the insurance company should handle everything.

- You feel intimidated by the legal system.

- You can see yourself in the other person’s shoes, and you do not want to cause problems for them.

- You do not have the energy to deal with a lawsuit while you are in the midst of dealing with serious medical and financial issues. 

If you find yourself in this situation, here are some helpful things to know: 

1. You Have to Act Quickly to Protect Your Family for the Long-Term


In the aftermath of a serious injury, you may feel like you have more important things to do than find a lawyer. However, there are two reasons why you might need to put a personal injury lawsuit at the top of your priority list right now. First, while insurance may cover your immediate medical costs, you have to consider both the long-term costs of caring for the injured person and the loss of income that will be suffered by both the injured person and any caregivers. 

Second, each state has a statute of limitations for personal injury lawsuits. Your lawsuit usually must be filed in the state where the injury occurred, not the state where you live. For most personal injury cases in Illinois, you must file your lawsuit within two years of the incident that caused the injury (735 ILCS 5/13-202).

2. It Will Be Easier If You Prepare Before You Call 


Before you contact an attorney, write down a summary of your case, including:

- The cause of injury, such as a car crash or dog bite. Be prepared to provide additional details that demonstrate the other person’s negligence, such as police reports indicating the other person was drunk driving or that the dog had bitten people before.

- The date and location of the incident. 

- The type of injuries, such as cuts, broken bones, paralysis, brain damage, etc. 

- Whether full recovery is expected, or whether there is some type of permanent damage such as loss of mobility, mental or psychological damage, or chronic pain.

- How long the injured person was unable to work as a result of the incident, and whether they will have long-term income loss and/or incremental healthcare expenses as a result of their injuries.

Once you have these basic facts on paper, you will feel more confident and ready to make that first call to an attorney.
 

Consult a Rolling Meadows Personal Injury Attorney 


If you are wondering whether you should file a personal injury lawsuit, consult an experienced Palatine personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will determine the best legal strategy for your case and fight aggressively to see that you are compensated for your loss. Contact us at 847-934-6000 to schedule a no-cost, no obligation consultation.

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



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56&SeqStart=99900000&SeqEnd=103300000

How Teen Parties Can Result in Parent Liability for Personal Injuries

Web Admin - Thursday, October 11, 2018
Schaumburg personal injury attorney parent liabilityYou may have heard of parents saying, “I would rather have my kids host a party at our house or get them a hotel room than have them out driving who-knows-where and drinking.” Or perhaps you have heard of 17- to 20-year-olds using fake IDs or an older sibling’s ID to buy alcohol. If, as a parent, these tales do not set off warning lights in your mind, you may want to pay heed to this quick tutorial on Illinois law. Not only are there criminal penalties to consider, but also the possibility of a personal injury lawsuit.

Do Not Use a Fake or Borrowed ID for Underage Alcohol Purchase 


It is illegal in Illinois for a person under age 21 to purchase alcoholic beverages using a fraudulent ID or using the driver’s license of another person. Both the lender and the borrower of an ID card used to illegally purchase alcohol can be charged with a Class A misdemeanor. 

Do Not Allow Underage Alcohol Consumption on Your Property 


Parents may allow their children under age 21 to consume alcohol under a parent’s direct supervision and approval in the privacy of their home. However, it is against Illinois law for parents to allow “invitees” under age 21 to consume alcoholic beverages on any property under their control or on any vehicle or watercraft under their control (235 ILCS 5/6-16, a-1). The property owner is legally responsible, whether they knowingly allowed the alcoholic beverage consumption or simply failed to control access to the alcohol. 

The offense of providing alcohol to a person under age 21 is a Class A misdemeanor. If a death or personal injury results, the property owner could face severe criminal penalties. 

In addition, parents should be aware of the laws governing social host civil liability. The applicable Illinois law is the Drug or Alcohol Impaired Minor Responsibility Act (740 ILCS 58). Social host liability means that an adult host can be held liable for injuries resulting from a minor’s impairment by alcohol or drugs obtained from that adult host. 

For example, suppose an adult hosts a party where alcohol or illegal drugs are available, and minors under age 21 are present. If one of those minors becomes impaired, gets behind the wheel or a car, and is involved in a collision, anyone injured in that accident can sue the adult host for damages.

Do Not Rent a Hotel Room for Prom Night, Graduation Night, Etc.


If a person over age 21 pays for a hotel room in which underage alcohol consumption is anticipated, and one of those minors becomes intoxicated and causes property damage or injury to another person, the person who paid for the hotel room can be held liable such damages and injuries (235 ILCS 5/6-21). 

For example, if an underage drinking party gets out of control, the hotel could sue the adult renter in civil court to force payment for damage to walls, ceilings, windows, or furnishings. The adult renter could also be found negligent in a personal injury lawsuit if one of those minors gets drunk in that hotel room and is injured in a fall down the hotel stairs or off a balcony. 

Consult an Arlington Heights Personal Injury Attorney 


If you host or contribute to an underage drinking event, and someone is injured as a result, you could be sued for damages in civil court in addition to facing criminal charges. If you or your child have been injured because a parent or other adult gave minors access to alcohol or illegal drugs, it is imperative to consult an experienced Palatine personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will carefully review your case and recommend the best course of action to mitigate the damage to your life. Contact us at 847-934-6000 to arrange a consultation.

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



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-20
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-16
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2493&ChapterID=57
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

Lawsuits Claim Monsanto's Roundup Weedkiller Causes Cancer

Web Admin - Monday, September 24, 2018
Des Plaines toxic chemical injury lawyerAs a school groundskeeper in northern California, Dewayne Johnson sprayed an estimated 150 gallons of Monsanto’s glyphosate-based weedkiller Roundup 20 to 30 times a year between 2012 and 2016. He continued this work even after being diagnosed with cutaneous T-cell lymphoma (a type of non-Hodgkin’s lymphoma) in 2014. Despite aggressive chemotherapy, the disease advanced, causing thick, painful skin lesions over most of his body. In 2016, Mr. Johnson filed a personal injury lawsuit in federal court against Monsanto, alleging that Roundup contributed to his cancer and that the manufacturer knew that the chemical was hazardous but failed to provide sufficient warnings to users. 

On August 10, 2018, with his disease in the terminal stage and doctors estimating he had just months to live, the 46-year-old plaintiff was awarded $39 million in compensatory damages and $250 million in punitive damages by a San Francisco jury. 

An estimated 8,000 lawsuits have now been filed against Monsanto by Roundup users who developed non-Hodgkin’s lymphoma or other types of cancer. In addition to the multidistrict federal cases, lawsuits have also been filed in state courts in California, Delaware, Missouri, and Montana. 

Scientists and Studies Differ on Roundup’s Safety


On one side, Monsanto claims that hundreds of studies have shown that glyphosate is not a serious health hazard to humans. The company also denies any link between Roundup and cancer. In the Johnson trial, the plaintiff pointed out that non-Hodgkin’s lymphoma can develop very slowly, showing no symptoms for years; therefore, Johnson’s illness could well have begun prior to 2012, when he began working with Roundup.

In December 2017, the U.S. Environmental Protection Agency (EPA) released a draft report on glyphosate which concluded that “glyphosate is not likely to be carcinogenic to humans” when used according to label directions. The EPA stated that its findings “are consistent with the conclusions of science reviews by a number of other countries as well as the 2017 National Institute of Health Agricultural Health Survey.”

On the other side, the International Agency for Research on Cancer (a subsidiary of the World Health Organization) classified glyphosate as “probably carcinogenic to humans” in a 2015 report. It was classified under level 2 out of four levels, where level 1 is “carcinogenic to humans” and level 3 is “possibly carcinogenic.” 

"This jury found Monsanto acted with malice and oppression because they knew what they were doing was wrong and doing it with reckless disregard for human life," said Robert F. Kennedy Jr., a member of Johnson's legal team. 

Consult a Rolling Meadows Personal Injury Attorney 


If you suspect that you or family member has been harmed by exposure to a toxic chemical, such as the glyphosate in Roundup, talk to an experienced Schaumburg personal injury lawyer. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will carefully review your case and recommend a course of action. If we determine that you have a strong case, we will fight relentlessly for your right to compensation for your losses. Contact us at 847-934-6000 to schedule a consultation.

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



Sources:
https://www.cbsnews.com/news/dewayne-johnson-monsanto-roundup-weed-killer-jury-award-today-2018-08-10/
https://www.nbcnews.com/news/us-news/lawsuits-claiming-weed-killing-chemical-causes-cancer-moves-forward-n890686
https://www.epa.gov/pesticides/epa-releases-draft-risk-assessments-glyphosate

Recovering Compensation for Dog Bite Injuries

Web Admin - Thursday, August 23, 2018
Schaumburg dog bite injury lawyerPets are an important part of many people’s lives, and dogs, cats, and other animals are often considered to be full-fledged members of their families. However, as much as we love and bond with our pets, it is important to remember that they are animals, and situations can arise when they harm someone. Dog bites are unfortunately common, and those who are injured in these and other types of animal attacks should understand how Illinois law applies to their situation as they determine how to recover compensation for the harm they have suffered.

Liability and Compensation for Dog Bites in Illinois

The Illinois Animal Control Act states that when a dog or other animal bites or attacks someone, the animal’s owner is liable for the damages that were caused. Unlike some states, Illinois uses a “strict liability” standard when it comes to dog bites, meaning that an owner is liable for the injuries caused by their dog, regardless of whether they were aware that the dog was dangerous or had aggressive tendencies.

There are two exceptions to this liability standard. A dog’s owner may be free from liability if:

A person was injured after provoking the dog.
A person was trespassing or was not legally allowed to be in the location where the attack occurred.

Types of Dog Bite Damages

Those injured by dog bites should understand the extent of the damages they may be able to recover. These include:

Medical bills - Dog bites can result in a wide variety of serious injuries, including lacerations, broken bones, puncture wounds, injuries to the eyes or face, or severe scarring and disfigurement. An injured party should be able to recover the full costs of medical care, including any ongoing rehabilitation.
Lost income - If a person was unable to work while recovering from their injuries, or if the injury resulted in disability that affected their ability to earn an income, they may be able to recover these losses.
Pain and suffering - An injured person and their family may experience a great deal of physical and emotional pain as they make their recovery, and financial compensation can help them overcome these difficulties.
Property damage - If an animal attack resulted in torn clothing or damage to jewelry or other belongings, the victim should be compensated for these losses.

Due to the strict liability standard, Illinois has one of the highest rates of animal attack claims in the United States, second only to California. State Farm reported that it paid more than $14 million in dog bite claims in 2016, with an average of $43,000 per claim.

Contact an Arlington Heights Dog Bite Injury Attorney

If you have been the victim of a dog bite or other animal attack, you should work with an attorney to determine your best options for pursuing the financial compensation that will help you recover from your injuries. At Drost, Gilbert, Andrew & Apicella, LLC, our Crystal Lake personal injury attorneys will help you recover the full and fair compensation that you deserve. Contact us at 847-934-6000 to schedule a consultation.

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



Sources:
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=051000050K16
https://www.isba.org/ibj/2017/06/lawpulse/illinoisleadsthepackindogbiteclaims

Pursuing Compensation in Car Accidents Involving Self-Driving Vehicles

Web Admin - Monday, August 20, 2018
Crystal Lake autonomous vehicle accident attorneyNew technologies seem to appear on a daily basis, promising to improve our lives in a variety of ways. However, we must often weigh the benefits of these new developments with the risks they bring. Self-driving cars are one notable example of this type of technology. While autonomous vehicles may provide their owners a great deal of convenience, many people are concerned about whether they improve safety on the road or present risks to drivers, passengers, and pedestrians. In addition, when a self-driving vehicle is involved in a car accident, people who are injured may have difficulty determining how to recover compensation.

Legal Issues in Self-Driving Car Accidents

People who are injured in car accidents have the right to pursue financial compensation from the party or parties who were liable for their damages (which may include the costs of medical care, lost income due to missed work, property damage, and pain and suffering). Typically, a person must show that their injuries occured because of someone else’s negligence. In most cases, the liable party is a driver who was not following the rules of the road or operating their vehicle safely.

Self-driving cars are likely to make the identification of liable parties more complicated. In some cases, an injured person may be able to bring a product liability lawsuit against the vehicle manufacturer or the developer of the software used to control the vehicle. However, a variety of factors can affect liability, such as whether a human driver was partially in control of a self-driving vehicle or whether a company that operates autonomous vehicles for hire can be considered a liable party. 

Contact a Schaumburg Car Accident Lawyer

94% of car accidents are caused by driver error, and proponents of self-driving cars believe that these vehicles can significantly reduce the number of accidents that occur. However, it is impossible to completely eliminate the possibility of accidents, and since self-driving cars are a new technology, the laws regarding how accidents involving these vehicles should be handled have not been fully defined. This means that those injured in an accident with an autonomous vehicle are likely to face some legal obstacles when they attempt to recover damages.

If you have been injured in a car accident involving a self-driving car, whether as a driver, passenger, or pedestrian, it is important to work with an attorney who can help you determine your best options for pursuing compensation. The Barrington personal injury lawyers of Drost, Gilbert, Andrew & Apicella, LLC can help you understand the legal issues involved in your accident and help you receive the compensation you deserve from any and all liable parties. Call our office at 847-934-6000 to arrange a consultation.

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



Sources:
http://fortune.com/2018/04/25/self-driving-car-accident-fault/
https://www.theatlantic.com/technology/archive/2018/03/can-you-sue-a-robocar/556007/

McDonald’s Salads Linked to Food Poisoning Cases in Illinois

Web Admin - Thursday, July 19, 2018
Crystal Lake food poisoning injury attorneyEating food purchased from a restaurant or grocery store should not be a risky proposition, but in recent weeks, a number of Illinois residents and people in nearby states have become seriously ill after doing so. Dozens of cases of food poisoning have been reported and linked to salads sold at McDonald’s restaurants, and the problem is becoming more widespread, affecting people in several states throughout the Midwest. If you have experienced food poisoning because of contaminated salads or other foods, you should be sure to understand your options for recovering compensation for your damages.

The Dangers of Contaminated Salads and Produce

The current food poisoning case involves the Cyclospora parasite, which can cause intestinal illnesses to those who consume it. Infections from this type of organism are known as cyclosporiasis, and symptoms include explosive diarrhea, nausea, vomiting, stomach pain or cramps, gas, fatigue, loss of appetite, weight loss, headaches, and fever. 

Cyclospora can be transmitted in fresh produce because these foods do not go through a cooking process that would kill the parasites. Washing or rinsing produce is not sufficient to remove these organisms.

After more than 100 reported cases of cyclosporiasis, McDonald’s has opted to remove salads from any restaurants that may have been affected by the outbreak. More than 3,000 restaurants are involved, and in addition to Illinois, people in Iowa, Wisconsin, Minnesota, and Missouri may have been in danger of contamination.

This is not the only case of food poisoning from Cyclospora which occurred recently. In June, vegetable trays produced by Del Monte were found to be the source of an outbreak that affected more than 200 people in Wisconsin, Iowa, Michigan, and Minnesota. The company recalled several products from grocery stores in states throughout the Midwest. This outbreak appears to be unrelated to the contaminated salads from McDonald’s.

Contact an Inverness Personal Injury Attorney

Food poisoning can not only cause a great deal of pain and discomfort, but it can have serious, long-lasting effects on one’s health. If you have contracted cyclosporiasis or any other type of infection after eating food purchased from a restaurant or grocery store, you may be able to pursue compensation for the damages which you have suffered. The Rolling Meadows personal injury lawyers at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options and advocate for your interests throughout the legal process. Contact us at 847-934-6000 to arrange a personalized consultation.

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



Sources:
https://wqad.com/2018/07/17/illinois-officials-warn-of-food-poisoning-possibly-linked-to-mcdonalds/
http://www.foodsafetynews.com/2018/07/parasites-linked-to-mcdonalds-likely-not-part-of-del-monte-outbreak/#.W09ld9hKiV4
https://www.nytimes.com/2018/07/07/us/del-monte-vegetable-trays-parasite-nyt.html


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