DGAA bLAWg

How to Get Fair Compensation for Truck Accident Injuries

Web Admin - Wednesday, April 10, 2019
Barrington truck crash attorneyHow many people do you think are injured or killed in car and truck crashes in the U.S. every year? In 2017, motor vehicle collisions injured over 2.7 million people and killed more than 37,000. 

The number of people killed in collisions involving large commercial trucks or semi-trailers rose 16% from 2016 to 2017, and the number of people injured rose 9%. In addition, the total number of large trucks involved in crashes rose 4% in 2017, while the total number of every other type of vehicle, from cars to motorcycles, declined.

Why Are Large Truck Crashes on the Rise?


Some experts blame the same government department that collects these statistics, the National Highway Transportation Safety Agency, for not taking tougher regulatory actions that could prevent more of these semi-truck crashes. In particular, the agency has been faulted for not requiring commercial trucks to have forward collision avoidance systems, which can help prevent trucks from rear-ending other vehicles on crowded highways.

Increasing highway congestion contributes to traffic slow-downs that make rear-end collisions and other accidents involving large trucks more likely. Some causes cited for this increased congestion include insufficient investment in the nation’s highway infrastructure over the past few decades and increased truck traffic related to online shopping. 

Chicago area highways are among some of the most overcrowded in the nation. The intersection of I-290 at I-90/I-94 near downtown Chicago is rated third among the 100 most congested truck bottlenecks in America. Other Chicago area locations making the Top 100 list are the spots where I-90 and I-94 split on both the north and south sides of Chicago.

What to Do if You Are Severely Injured in Crash With a Semi-Truck


It is entirely possible to be in a crash involving a tractor-trailer truck and not be injured, if the truck was braking and almost a stop when you are hit. If a driver of a fully loaded truck gets distracted, however, the consequences can be catastrophic. 

If you or a loved one has been badly injured or killed in a semi-truck crash, here are a few things you need to know. First, remember that many of these trucks are owned by huge companies that can afford the best lawyers, in addition to having the backing of a huge insurance company. Second, you may be pressured by a representative of the company to make a quick settlement when you are at your most vulnerable. 

Before you make any decisions, speak to an experienced personal injury attorney who can advise you about what your case may be worth. Do not make any decisions for at least a few weeks, until you know the full extent of your damages. Vehicle crash injuries can take years to recover from, and many people never fully recover. While a check for tens of thousands of dollars may sound great in the moment, your medical and lost-income expenses could far exceed that. 

However, do not wait too long; you have just two years from the date of the accident to file a legal claim for compensation.

Consult a Successful Arlington Heights Truck Crash Lawyer


To speak to a knowledgeable Palatine truck crash attorney, call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000. There is no charge for your initial case review.

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://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812696
https://atri-online.org/2018/01/25/2018-top-truck-bottleneck-list/

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

Safety Tips to Reduce the Chances of Motorcycle Accident Injuries

Web Admin - Monday, June 04, 2018
Rolling Meadows motorcycle accident lawyerAs summer approaches in Illinois, more and more motorcyclists are enjoying the warm weather and spending time on the road. However, the increased number of motorcycles on the road means that motorcycle accidents are more likely. 

Motorcycle drivers and their passengers are much more likely to be injured in a collision than those who are driving or riding in vehicles. In fact, the National Safety Council has reported that while only 3% of registered vehicles in the United States are motorcycles, motorcyclists make up 13% of all traffic fatalities. In addition, the National Highway Traffic Safety Administration has reported that motorcyclist fatalities occur 27 times more often than fatalities in other motor vehicles.

Since motorcyclists do not have the safety features and protections provided by a car or truck, they should take extra care to protect themselves and take precautions to avoid accidents. Here are some safety tips that all cyclists should follow:

- Wear a helmet - Helmets are not required for adult motorcyclists in Illinois, but wearing one is strongly recommended, since it can greatly reduce the chances of head injuries. In fact, cyclists who wear helmets are three times more likely to survive head injuries experienced in a collision. Helmets should be approved by the U.S. Department of Transportation, and they should be securely fastened while riding.

- Use proper eye protection - Goggles can protect cyclists’ eyes while riding, but a full face shield offers more protection from insects, dirt, rain, or other elements that can cause pain and distraction. Goggles or face shields should be shatter-resistant and free of scratches while providing a clear field of vision, and they should be fastened securely so they do not come off while riding.

- Wear proper clothing - Cyclists should wear clothes that fully cover their arms and legs. This provides protection from weather and the moving parts of a motorcycle, and it can also provide protection in a crash. Wearing brightly colored or reflective clothing can help ensure that a cyclist will be seen by other drivers on the road.

- Drive defensively - Many motorcycle accidents occur because drivers do not see motorcycles around their vehicles. Cyclists should take extra care to ensure that they do not drive in other cars’ blind spots or follow vehicles too closely, and they should always follow the rules of the road.

- Never drink and drive - Alcohol impairment makes it unsafe for a driver to operate any vehicle, but the loss of coordination and reaction time can be especially dangerous for motorcyclists. Even if a cyclist is not above the legal blood alcohol limit of .08%, it is best to avoid operating a motorcycle after drinking any amount of alcohol or using drugs that can impair one’s driving ability.


Contact a Palatine Motorcycle Accident Attorney

Motorcyclists are much more likely to be injured in a collision than other drivers, and when an accident is caused by a person’s negligence, a cyclist may be able to pursue compensation for their injuries. If you have been injured in a motorcycle accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you obtain the compensation you deserve. Contact a Schaumburg personal injury lawyer today at 847-934-6000 to schedule 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://www.nsc.org/road-safety/safety-topics/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x140.pdf

Pursuing Compensation in Cases of Wrongful Death

Web Admin - Friday, May 11, 2018
Mount Prospect wrongful death lawyerThe death of a loved one is devastating for a family. In addition to the grief that family members experience, they will often struggle with financial difficulties, especially when the deceased person is a family’s primary income earner. These issues become even more difficult when the death could have been prevented or occurred because of someone’s negligent or careless actions. When family members are working to put their lives back together after a tragic loss, they should be sure to understand their options for pursuing compensation through a wrongful death lawsuit.

Illinois Wrongful Death Laws

According to Illinois law, wrongful death occurs when a person’s death is caused by someone’s wrongful or negligent acts. Acts are considered negligent if the victim could have pursued a personal injury lawsuit against the liable party or parties had they not died. A liable party may be an individual person or a company or corporation.

A personal representative of the deceased person may file a wrongful death lawsuit on behalf of the person’s surviving family members, and damages recovered are for the “exclusive benefit” of those survivors. Wrongful death cases have a two year statute of limitations in Illinois (that is, a lawsuit must be filed within two years of the date of death), although this statute of limitations is extended to five years (or one year after the final disposition of a criminal case) if the death was caused by “violent intentional conduct” such as murder, voluntary or involuntary manslaughter, or reckless homicide.

Wrongful Death Damages

A wrongful death lawsuit can seek to recover damages from the party responsible for the death, and these damages may be economic or non-economic. Types of damages include:

  • - Medical expenses - A family may be compensated for the costs of hospitalization, surgery, or any other medical treatment the deceased person received before their death.
  • - Burial expenses - Compensation may include funeral costs and any expenses related to the disposition of the deceased person’s remains.
  • - Lost income - One of the primary types of economic damages families experience is the loss of the income earned by the deceased person, as well as any benefits they received. Wrongful death compensation can address these damages, providing a family with the financial means to meet their ongoing needs.
  • - Emotional damages - A family may be able to receive compensation for the grief and sorrow they experience because of the loss of their loved one.
  • - Loss of society - In addition to economic damages and emotional harm, a family will be deprived of their relationship with their deceased loved one, and they may be compensated for the loss of love and companionship, as well as the education, instruction, or services which the deceased person would have provided for their family.

Contact a Barrington Wrongful Death Lawyer

If your family member has died because of someone’s actions or negligence, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options for filing a wrongful death lawsuit. We will work to help you receive the compensation you need to address your financial difficulties and emotional suffering. Contact an Inverness personal injury attorney 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:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57
http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/31.00.pdf

Most Frequent Causes of Traffic Accidents

Web Admin - Tuesday, June 21, 2016

causes of traffic accidents, Illinois Personal Injury AttorneyAnyone can find themselves involved in an automobile accident. Even a safe and courteous driver can can quickly become the victim of someone else’s negligence on the road. When an accident occurs, injured victims can suffer from any number of personal injuries or property damages. Therefore, these individuals deserve to be compensated for medical expenses, treatment, lost wages and lost property. 

Why Do Traffic Accidents Occur? 

There are several reasons why drivers are negligent behind the wheel. The most commonly cited causes for traffic accidents include the following: 

1. Distracted driving. Distracted driving is one of the leading causes of traffic accidents in Illinois. While it is illegal to text and drive in Illinois, many drivers still do it and end up causing accidents. However, fiddling with a cellphone is not the only way that a driver could be distracted while behind the wheel. 

Drivers can be distracted by passengers (e.g., unruly pets, distracting children, talking passengers, etc.), eating or drinking while driving, or searching for items that are on the floor, in the glovebox, or are in a purse or backpack. Drivers who do not stay focused on the task at hand—driving safely—are negligent and are responsible for any accidents and injuries that they may cause. 

2. Driving while tired. All too common in large truck accidents, drivers may get behind the wheel and operate a vehicle while they are too tired to drive safely. A driver may accidentally doze off at the wheel or lose focus on the road. Droopy eyelids and inattentiveness make overly tired drivers unsafe drivers. Moreover, dozing off at the wheel is negligent driving. 

3. Speeding. Most people speed as some point when they are driving; sometimes it is to pass another vehicle and sometimes it is on accident. However, there are drivers who frequently make it a habit to drive at unsafe speeds. Additionally, speeding is commonly cited as a cause of many accidents in Illinois. 

4. Driving while under the influence of drugs or alcohol. When a driver decides to get behind the wheel while intoxicated or under the influence of drugs, then he or she is exercising bad judgement and is placing himself or herself, a well as other drivers, at risk of injury or death. Driving while under the influence of alcohol or drugs is clearly negligent, and drivers who operate a vehicle while under the influence should be held accountable for their poor judgement and negligent actions when others are hurt.

Speak with a Skilled Personal Injury Lawyer in Illinois Today

If you or a loved one has been injured in traffic accident, then it is important that you speak with a skilled personal injury lawyer immediately. We will work to help you obtain the maximum possible recovery to which you are entitled by thoroughly examining the scope and extent of your injuries, identifying all of the potentially liable parties, and diligently investigating your claim. 

With offices located in Schaumburg, Des Plaines, Rolling Meadows, Barrington, Arlington Heights, Inverness and Deer Park, our experienced Illinois personal injury attorneys are here to help ensure your best interests are met. Please call 847-934-6000 to speak to a member of our team today.

    Ken Apicella

    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.


Sources:

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-610.2

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501





Three Common Forms of Medical Malpractice

Web Admin - Friday, May 13, 2016

forms of medical malpractice, Illinois Medical Malpractice Lawyer One very unsettling aspect of going in for any sort of medical or dental care is the fear that in addition to being a patient, you might also become the victim of medical malpractice. 

The doctor, dentist, or other medical professional providing your care could be reckless and act negligently, which can end up causing you serious personal injuries. Any individual who has suffered injuries at the hands of a doctor, other medical professional, or hospital should consult with a medical malpractice attorney about his or her claim. 

Common Medical Malpractice Claims 

Medical malpractice can take a number of different forms, and can cause a variety of different harms to patients. The most common causes of medical malpractice claims arise from errors made during a procedure or negligence on the part of a doctor or care provider. Below are three common forms of medical malpractice of which patients should be aware. 

1. Incorrect, missed, or delayed diagnosis. It is critically important that patients’ conditions are identified early on so that the appropriate treatment can begin straight away. When a doctor makes an incorrect diagnosis, misses a diagnosis, or makes a diagnosis months or years later than he or she should have, the patient is the one who suffers. The condition could progress significantly because the doctor failed to make a timely or accurate diagnosis.  When it comes to incorrect, missed, or delayed diagnosis, a doctor’s negligence can be a basis for a medical malpractice lawsuit. 

2.  Anesthesia errors. One of the most important parts of any sort of operation or procedure is to ensure that a patient is properly anesthetized. Errors in the administration of anesthesia can result in a patient being given too much or too little anesthesia. Either scenario can create serious complications for the patient. The patient could be “out” but still able to feel pain. Or, the patient could be so anesthetized that his or her body spasms and has fits during a procedure, which can cause accidental injuries due to sharp surgical instruments. 

3. Surgical and operational errors. Errors that occur during a procedure can seriously impact a patient. The wrong procedure could be performed on the patient, or could be performed on the incorrect body part (e.g., left knee when the procedure should be conducted on the right). A cut could be too deep, a puncture could impact unintended organs or nerves, or instruments could be left inside a patient at the conclusion of the operation. Errors during surgery are usually the result of negligence on the part of the doctor, dentist, or support staff. 

No patient should ever have to suffer harm at the hands of those that he or she trusts to provide with medical care. Additionally, if patients are injured by their care providers, they are entitled to damages through a medical malpractice claim. If you have been a victim of medical malpractice, please feel free to contact one of our experienced Illinois medical malpractice attorneys today. Our firm helps patients in Schaumburg, Des Plaines, Rolling Meadows, Barrington, Arlington Heights, Crystal Lake, Buffalo Grove, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    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.


Source:

http://articles.mercola.com/sites/articles/archive/2015/09/30/diagnostic-errors.aspx

Medication Errors Are a Form of Medical Malpractice

Web Admin - Monday, March 07, 2016

medication errors, medical malpractice, Illinois Medical Malpractice AttorneyWhen a person is injured as the result of being prescribed an incorrect drug, an incorrect dosage of a drug, or is given incorrect instructions for taking a medication by a doctor, health professional or pharmacist, this may constitute medical malpractice. Moreover, when a person is injured due to a medication error, the victim may be eligible to file a personal injury claim against the parties that are responsible for causing the medication error. 

Medication errors occur all too frequently and in a various settings. For instance:

- While at the hospital, a nurse may make a mistake and administer the wrong medication to a patient, or may administer a medication via an improper route (i.e., administering a drug intravenously when the drug should only be taken orally);

- A doctor may make a mistake on an individual’s prescription and prescribe a wrong drug with a name similar to the correct drug, or prescribe an incorrect dosage;

- A pharmacist may misread a prescription or may make a mistake when filling the prescription;

- In a nursing home, staff may mix up the medications prescribed to one nursing home resident with the medication prescribed to another nursing home resident; or

- In a nursing home, staff could mistakenly, or purposely, give a resident medication to control the elderly resident’s behavior. 

Several individuals are in a position to cause harm to a victim by mishandling medication. Pharmaceutical malpractice claims can be filed against doctors, medical staff, hospitals and pharmacies.

What Could Go Wrong?

When a doctor or medical professional makes a mistake concerning someone’s medication, the health consequences to the victim could be severe, or even life threatening. 

- Drug interactions: An individual might be prescribed a medication that can react poorly when mixed with certain other drugs. 

- Contraindications: Some drugs can exacerbate medical conditions or can cause serious health problems, leaving a victim injured, disabled, or even dead. 

- Side effects: A victim who is prescribed the wrong drug could suffer unpleasant or injurious side effects from taking a drug that he or she does not need.

- Too much or too little medication: Being prescribed too much or too little of a drug can have serious consequences on a person’s health. With too little medication, the individual may not receive the benefits of the drug that he or she needs. However, too much medication may result in the individual being harmed. Organs, such as the liver, kidneys, and heart can suffer when an individual is given too much of a powerful drug.

Medication Errors Are Often Preventable

Medication errors are often preventable and are typically the result of negligence. Studies conducted by the U.S. Food and Drug Administration have determined that most medication errors are the result of:

- Improper communication;

- Misinterpreted handwriting;

- Confusion about the name of a drug;

- Confusion over drug labeling, packaging or directions; and

- Lack of health care provider knowledge about the drug or its proper administration.

If you have suffered harm after being prescribed or administered the wrong drug, please speak with an experienced Illinois medical malpractice attorney today. Our firm serves the communities of the northwest suburbs, including Crystal Lake, Schaumburg, Palatine, Barrington, Long Grove, Arlington Heights, South Barrington, Riverwoods, and Des Plaines. 

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.

Source:

http://www.fda.gov/Drugs/ResourcesForYou/Consumers/ucm143553.htm

Natural Gas Explosion Prevention and Liability

Web Admin - Friday, December 26, 2014

Illinois natural gas liability, Buffalo Grove personal injury attorneyNatural gas explosions can be some of the most devastating types of home accidents. Flammable mixtures of air and gas can severely injure and even kill unsuspecting homeowners. In fact, natural gas explosions can cause hundreds of millions of dollars in property damage every year, according to government statistics. Natural gas fires are often difficult to prevent, and may require the intervention of skilled professionals. Still, there are some steps that people can take to help keep themselves safe. In the unfortunate event that a natural gas explosion does occur, people should also understand their legal rights as far as pursuing recovery is concerned.

Preventing Gas Explosions

Natural gas explosions are notoriously difficult to prevent because gas is so difficult for people to detect. One of the key ways to prevent gas explosions is by smell. Although the gas is naturally odorless, gas companies add a special molecule to the gas known as an odorant. It is this extra odorant that provides gas with its distinctive smell of rotten eggs. If a person does detect that smell, it is important to leave the house immediately. People should not risk doing anything that would create a spark, which includes using a telephone or turning on a light. Instead, people should call emergency services from a neighbor's home.

People can also take preventative measures to avoid gas leaks in the first place. These include installation of gas appliances by qualified professionals, and the use of gas appliances that meet recognized safety standards. Additionally, people should consider installing natural gas detectors in their homes, especially in places where the gas is likely to build up, such as in a basement.

Gas Explosion Liability

Natural gas is a complex utility that requires a lot of different people to install properly, so many different people may be liable for a natural gas explosion. For instance, a gas leak could occur as a result of a faulty appliance. If that happened, then the homeowners could pursue a product liability action against the appliance's manufacturer. However, natural gas explosions can also occur with properly manufactured equipment. This could be the result of a faulty installation of the appliance or improper maintenance by repair professionals. It is important to conduct a thorough examination after a natural gas explosion in order to determine who was really at fault. That will make it easier to make sure that they cover the costs of the damage that they were responsible for.

Natural gas explosions are complex legal issues that can have serious effects on people's lives. If you have recently been the victim of a gas fire or gas explosion, contact an Illinois personal injury attorney today. Our team of dedicated lawyers helps people across northwest suburban Illinois, in towns like Buffalo Grove, Deer Park, and Des Plaines.

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.

Recovering in a Hit and Run Accident

Web Admin - Tuesday, April 22, 2014

illinois hit and run lawyerAfter a car accident, people have a variety of duties that the law requires them to fulfill. Among these duties is the requirement that the drivers stop and exchange insurance information. This allows the parties the opportunity to recover from the insurance companies for the damages once fault has been decided. However, some drivers ignore this duty and instead flee the scene of an accident. In fact, these hit and run drivers are responsible for over 1,000 deaths every year, according to statistics from the National Highway Traffic Safety Administration.

This trend of hit and run accidents is a particular problem because victims of these sorts of accidents can find it difficult to receive compensation from the driver who caused their injuries. Yet, such victims are not without recourse. People injured in hit and run accidents may be able to use a variety of resources to discover the identity of the other driver. Further, even if the other driver cannot be identified, the injured person may be able to file a claim with their own insurance company to help handle their medical costs and repairs.

Identifying the Driver

Hit and run accidents can be a chaotic experience, which makes it difficult for the victim to get any identifying information about the fleeing car. However, injured drivers do have some tools at their disposal. Oftentimes, there will be eyewitnesses on the scene who can help provide descriptions of the car or license plate numbers. Additionally, there may be video evidence of the accident from nearby traffic cameras that can help police determine the identity of the fleeing driver. Finally, some hit and run drivers experience remorse for leaving the scene. Drivers who flee the scene out of fear, especially those under the influence of alcohol at the time of the crash, have been known to turn themselves in to the police at a later date. All of these methods can help tie a person to the accident, and allow victims to receive full and fair compensation for their injuries.

Without an Identified Driver

In the event that the driver who perpetrated the hit and run cannot be identified, injured motorists may still have the ability to file a claim using their own insurance to receive help with their medical and repair bills. Many insurance policies include insurance for collisions with uninsured or underinsured motorists. These policies are mostly intended to come into use when the policyholder gets into an accident with someone without insurance or someone whose insurance will not cover all the damages. However, many of these policies count unidentified drivers as uninsured drivers, so it is possible that they would cover hit and run accidents.

If you or a loved one has been injured in a hit and run accident, contact a Palatine personal injury lawyer. Our team of experienced attorneys serves clients in towns like Deer Park, Inverness, 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.

Pedestrian Traffic Accidents in Illinois

Web Admin - Thursday, March 13, 2014

illinois pedestrian accident attorneyWhile many traffic accidents can cause the victims serious injuries, accidents involving a car and a pedestrian can be particularly devastating. The pedestrian’s complete lack of protection can leave them especially vulnerable to injury. In fact, of the hundreds of pedestrian-vehicle accidents that happen each year in suburban Cook County, almost 25 percent of them result in fatal or incapacitating injuries, according to the Illinois Department of Transportation’s crash summary report. Pedestrians should be aware of the common causes and consequences of traffic accidents, as well as the legal ramifications of one, in order to keep themselves safe.

Causes and Consequences of Pedestrian Traffic Accidents

Traffic accidents involving pedestrians have a wide variety of different causes. One of the most common causes is simple carelessness on the part of the driver. Failing to stay alert for pedestrians at crosswalks and in the street can lead to serious accidents. Evening and night driving can also exacerbate these problems because the low light makes people more difficult to see. 

This is especially true for elderly drivers whose increased risk for vision problems already makes them more likely to be involved in car accidents. Violations of traffic laws are also common causes of pedestrian injury, especially driving under the influence and speeding. Accidents resulting from speeding can be particularly problematic because the higher speeds can cause more severe injuries to the unprotected pedestrian.

When these accidents do happen, the injuries that arise can be quite serious. Pedestrians can experience a range of injuries, including:

  • - Broken bones;

  • - Head trauma;

  • - Brain injuries;

  • - Paraplegia;

  • - Quadriplegia;

  • - Amputations;

  • - Disfigurements; and

  • - Injuries to the neck, back, and spinal cord.

The Legal Side of Pedestrian Traffic Accidents

These sorts of accidents can give rise to personal injury claims on the part of the pedestrian if they suffer a serious enough injury. The personal injury case will hinge on the legal concept of “negligence.” This means that the driver, or their insurance, will likely have to compensate the pedestrian for their injuries if the court finds that the driver acted negligently, meaning that they acted without reasonable care for the other people around them. This concept is also important when judging the pedestrian’s actions, because the pedestrian may have been negligent as well.

For instances in which both the pedestrian and the driver were negligent, Illinois judges fault based on “comparative negligence.” The doctrine of comparative negligence means that a person’s ability to recover for their injuries is reduced if they were also acting carelessly. For example, if a pedestrian is 20 percent responsible for their injuries, they would only be able to recover 80 percent of their costs. Furthermore, if a pedestrian is more than 50 percent responsible for their own injuries, they cannot recover at all.

If you have recently been involved in a pedestrian-automobile accident, contact an Illinois personal injury attorney in your area. We represent clients in matters like this in many northwest suburban towns, such as Crystal Lake, Des Plaines, and Arlington Heights.

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


Tags

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

Archive