I Was In An Auto Accident With No Insurance Can I Still Get Paid?

auto accidentBeing a responsible driver starts by ensuring you carry auto insurance. In fact, it’s illegal to drive without car insurance in the state of Illinois. Yet, as of 2019, around 11.8 percent of the motorists in the state were uninsured.

Whether you forget to renew your policy or had a lapse in your policy for missing a payment, and you get involved in an auto accident, you might be wondering what happens next. This guide will help you understand whether you can be compensated without insurance and other implications. Before that, let’s understand the implications for driving without insurance in Illinois:

Driving Without Insurance in Illinois

As an Illinois driver, you must carry minimum liability coverage of $25,000 for bodily injury/ person, $20,000 for property damage, and $50,000 for bodily injury/ accident. If you’re found to be driving without insurance, you may face a license suspension and be charged a fine the first time around.

Getting caught subsequent times can put you in more severe trouble. If you get involved in an accident without insurance, you may face additional repercussions such as vehicle seizure and/or driving suspension, a hefty fine, and so on.

Auto Insurance Law in Illinois

Normally in an auto accident, the driver who was at fault is required to compensate the driver who wasn’t at fault. This is to assume that both the drivers carry insurance.

But what if you had no insurance and the other driver was at fault? Before we answer that question, it’s important to know that certain states adhere to No Pay, No Play laws. This means that an uninsured driver can recover economic damages such as property damage and medical bills. However, non-economic damages such as pain and suffering cannot be recovered from the at-fault driver’s insurance.

To your luck, Illinois isn’t a No Pay, No Play state, which means you should be able to recover both economic and non-economic damages from the at-fault driver’s insurance. This doesn’t mean you will not be penalized for driving without insurance. You will still face the charges for driving without insurance discussed above.

Moreover, if you were at fault in the accident and have no insurance, the other driver will attempt to recover their claims from their uninsured motorist claims. Once the claim is settled, their insurance agency will proceed to subrogation. This is a process in which they’ll sue you to recover the cash they lost in paying for the damages you caused to that driver. Hence, you’ll not just face immediate setbacks like license suspension and fines, but also have to pay the damages at the time of subrogation.

Contact An Auto Accident Lawyer In Antioch

To sum it up, you should be able to recover the damages after being involved in an auto accident without insurance, but the process can be stressful. Hiring a car accident lawyer can make your life a lot easier. If you’re looking for an auto accident lawyer in Antioch, Robert Edens is the best attorney for you. To request a free quote, fill out our contact form.

Illinois Worker’s Comp: What Are My Rights?

According toworkers comp Illinois law, all employers have to provide their employees with worker’s compensation insurance. It is a system of benefits that comes into effect from the moment a worker is hired. It covers medical costs of job-based injuries and diseases that may otherwise result in significant medical bills employees may not be able to pay.

Injuries That Are Covered and Not Covered by Worker’s Compensation

Your workers’ comp lawyer in Antioch will tell you that worker’s compensation will cover your bills for the following job-related injuries:

  • Stroke that resulted from a job.
  • Injuries caused by repetitive usage of certain body parts for a job-related task.
  • Heart attack caused by work.
  • Pre-existing conditions that worsened because of work.

The insurance does not cover certain types of injuries. These include injuries sustained in recreational activities such as baseball during company picnics and accidents during drug or alcohol rehab programs.

What Happens When You File a Worker’s Compensation Claim

When you file a worker’s compensation claim, your injury is classified as either a temporary total disability (TTD) or a temporary partial disability (TPD), or a permanent disability (PD). The benefits you qualify for will depend on the category your injuries belong in.

Temporary Total Disability (TTD) vs. Temporary Partial Disability (TPD)?

If your work-related injury temporarily or completely incapacitates you, your injury will be classified as a temporary total disability (TTD). While your injuries may prevent you from performing your work duties, you will be expected to make a full recovery and return to work.

A temporary partial injury (TPD) injury is seen as an on-the-job injury that affects your work abilities but does not prevent you from working completely. TTD worker compensation benefits are meant to cover the wages you may lose as you heal and recover in hospital or at home.

Permanent Disability (PD) vs. Partial Permanent Disability (PPD)

A permanent disability (PD) is classified as an injury that hinders your ability to do your job. However, if your injury is a partial permanent disability (PPD), you can still work with limited capacity.

The payments you are entitled to will be based on the severity of the injuries mentioned above. This means that each worker’s compensation case is as unique as the injuries that the benefits cover. An experienced worker’s comp lawyer in Antioch can help you understand your claim and ensure you get the benefits you are entitled to.

Employer Responsibilities for Worker’s Compensation

As per the law, all employers in Illinois have to ensure their employees are aware of these rights and benefits. They also have to put up a notice about the worker’s compensation insurance in an accessible area where their workers can go through it.

The list should include the following:

  • The name of the insurance provider.
  • Policy number.
  • Contact information.

All workplace accidents that make a worker miss more than three days of work should be reported, and incidents that cause work-related deaths should be reported within two days at most. The Illinois Worker’s Compensation Commission (IWCC) will not file a claim till the employer reports the accident.

Get The Compensation You Deserve By Hiring An Illinois Worker’s Comp Lawyer Today

If your employer refuses to compensate you for a workplace injury claim, there is no time to waste. Get in touch with an experienced worker’s comp lawyer in Antioch at The Law Offices of Robert T. Edens, P.C. for a free consultation. We can ensure you get the maximum compensation you deserve, if not more. We also have offices in Chicago, Waukegan, Libertyville, and Woodstock, IL.

How Is The Amount For Workers’ Compensation Calculated In Illinois?

workers compensationAs a worker in Illinois, you are eligible for compensation for injuries or damages sustained during your work as per the Workers’ Compensation Act. The system is designed to ensure workers can get back to work as soon as possible without worrying about the losses they sustain from workplace accidents.

Disability Compensation Rate in Illinois

The compensation you receive will depend on your medical condition and the salary you earned pre injuries. An experienced Waukegan workers’ compensation attorney will ensure you get the maximum amount you deserve. Here are some factors that are taken into consideration for the calculation:

Scheduled Injury

You have a set number of weeks to receive compensation for certain injured body parts. Under the scheduled injury method, you can determine weekly compensation for injuries if you multiply 60 percent of the weekly wages you receive with the weeks assigned to particular injured body parts in the hyperlinked list.

So, for instance, if you injured your hand during work, and your average weekly pay is $500, that equals $300 per day. Multiply that figure with 205 weeks as mentioned in the list, and you are entitled to $102,500.

Loss of Percentage as a Whole

If injuries from the accident made you incapable of performing a key work task that you would otherwise be able to perform, compensation could be determined via the following formula:

Percentage of loss x 500 = number of weeks of compensation for the employee

So you have to multiply the number of weeks by 60 percent of your average weekly wage.

Wage Differential

If your injuries prevent you from gaining other employment for less pay, you may be entitled to two-thirds of the difference between the old and new job wages. However, this amount cannot be more than the State Average Weekly Wage.

If a work-related injury disfigured you, our Waukegan workers’ compensation attorney could help you get compensated for 162 weeks. You can work with your employer to determine this.

If a work-related accident results in a temporary total disability that prevents you from performing job tasks, you are eligible for compensation on the fourth working day of said disability. In this case, you should receive compensation for the duration of your ailment, and if it lasts for more than 14 days, compensation should be calculated from the day of the accident.

Contact Robert Edens for Fair Workplace Injury Compensation

If you or someone you know has suffered a workplace accident that caused debilitating injuries and is being denied worker’s compensation, you can and should sue. Get in touch with Robert Edens at the Law Offices of Robert T. Edens, P.C. for a free consultation today.

A dedicated and highly experienced Waukegan workers’ compensation attorney, Bob will ensure you get the maximum compensation you deserve, if not more. During the initial meeting, he will explain the law to you so you know all of the options you have at your disposal. This will also include a strategy that will outline what he will do for you.

What To Do If You Are Diagnosed With a Herniated Disc from an Accident

A slipped or herniated disc is a common back injury you can sustain from an auto accident or workplace accident. The pain can vary in severity and prevent you from earning a decent wage as you cut down on work hours or take sick days to recuperate.

If your employer gives you a hard time by forcing you to come to work or denying workers’ comp benefits, hire Antioch back injury attorneys to ensure you get the maximum sum.

What Is a Herniated Disc?

The spine has tiny shock absorbers between its vertebrae in the shape of discs. These are covered by a strong layer known as the annulus fibrosus, which covers a soft interior that absorbs impact if you run into someone at full speed.

A herniated disc is a damaged disc. It can occur when an external force (such as a car crash) damages the annulus fibrosis allowing the interior to leak right into the spinal canal. This reduces space and causes discomfort as the herniated disc presses against the spine’s nerves.

What Should You Do After You Are Diagnosed With A Herniated Disc?

A back injury can set you back, especially if you have no one to support you as you recover. Make sure the insurance company pays you the sum you deserve. Here are some things you can do to ensure this:

Prove your Injuries

The injury may not be apparent right after the accident, but it can manifest later. Time is not on your side, so if you are involved in a severe car crash or workplace accident that made you slip a disc, you need to prove that it was the direct result of the accident.

The first thing you need to do is seek medical treatment. The physician’s diagnosis will prove that the back injury was caused by the impact you suffered from the accident rather than another cause. They can also evaluate your symptoms, order imaging tests and check your range of motion and muscle strength. Those test results can strengthen your claim if you wish to sue the negligent party.

Ensure you get a copy of your medical records that your Antioch back injury attorneys can use to prove your claim and strengthen it.

Don’t Delay

If you delay, the insurance company may blame other events for your back injury or claim you are lying about its severity. No two back injury claims are the same, and your lawyer will consider several factors to determine how much it is worth. This includes the severity of the injury, its location, whether you have a pre-existing condition that the injury worsened, and if you will need surgery.

This can also include the pain you are suffering from and how it has impacted your lifestyle. The longer you wait to make a claim, the more difficult these will be to prove. Pain can worsen or lessen with time, after all.

Contact Our Antioch Workers’ Comp and Personal Injury Lawyers for a Consultation

You are entitled to compensation if you suffered a herniated disc because of a car crash, a workplace accident, or anything else because of the other party’s negligence. At The Law Offices of Robert T. Edens, you can get experienced and compassionate Antioch back injury attorneys who have your best interests at heart. They can ensure you get the maximum compensation you deserve for your back injury. Get in touch for a consultation today!

Grayslake IL Wrongful Death & Workers’ Compensation Attorney-Electrician Fatally Electrocuted at CTA Rail Substation Awarded 4.1 Million Dollars

Antioch Grayslake Waukegan Barrington IL Wrongful Death Attorney 847-395-2200

Lake County IL Wrongful Death Attorney 847-395-2200

Verdict: $4,101,500

Date: February 2011

County: Cook

Plaintiff Medical: Dr. Richard L. Gamelli (Burns) and Dr. Rebecca Pifer (Emergency Medicine)

Plaintiff Experts: Kevin Lynch, IBEW/NECA Technical Institute (Electrical Safety) and Benjamin D. Miller, P.E. (Electrical Engineer) DEF Experts: Tage Carlson, Ph.D. (Safety) and Andrew J. Nehalfen, Ph.D. (Electrical Engineer)

Summary: Electrician, Charles Ingolia, was instructed to clean a switchgear cabinet at the CTA Substation. While doing so, believing it was de-energized, he raised a protective shield exposing himself to 12,600 volts of electricity and causing an explosion. Mr. Ingolia died three days later. The Estate contended that Defendant was at fault for not informing Mr. Ingolia that a portion of the electrical equipment was energized. Defense stated that Mr. Ingolia had been a journeyman electrician for 38 years and should have assume the equipment to be “live”, he ignored a warning sign, and lifted his protective shield exposing himself to the live equipment and explosion.

KNOW YOUR LEGAL RIGHTS. GET A FREE LEGAL CONSULTATION.

Getting the maximum workers’ compensation settlement you’re entitled to is a job for an experienced worker’s compensation attorney with a winning record. Attorney Bob Edens and his staff have recovered millions of dollars for people whose injuries were caused through no fault of their own. Bob Edens has earned the trust of injury victims throughout Lake County, IL by handling their cases with both experience and dignity. Bob will sit down with you personally and go over the facts of your case in detail. With these facts in hand, Bob will put his experience into providing you with a clear and honest explanation of your options. The consultation is FREE. You are under no obligation and there is never any pressure to sign an agreement. If you do retain Bob and his staff to represent you, no fees will be charged until a fair settlement or verdict is secured on your behalf.

So call Attorney Bob Edens and put his 20+ years’ experience to work for you. He has convenient offices located throughout Lake County. Call Bob at 855-760-6746 for a free, no-obligation legal consultation. The call is free, the information may be priceless.

The Call Is FREE, The Advice Might Be Priceless!

GET A FREE WORKERS’ COMPENSATION LAW BOOK FOR INJURED EMPLOYEES

FREE to All Illinois Injured Workers

12 Things Every Injured Worker Must Know-FREE to All Illinois Injured Workers

Get Your Free Book By Clicking Here

12 Things You MUST Know About Your Workers’ Compensation Claim

An Essential Guide For People Injured On The Job

Award Winning Author and Attorney Bob Edens’ Book, “12 Things You MUST Know About Your Workers’ Compensation Claim,” ™ is a Step-by-Step Guide for Employees Who Have Been Injured On The Job.

In 12 Things You MUST Know About Your Workers’ Compensation Claim Bob explains the ins and outs of the worker’s compensations claims process from the time of injury to the time of settlement or trial. Bob provides basic facts about:

  • The filing of the claim and negotiation from start to finish;
  • How to negotiate a settlement for injuries sustained from a wide variety of cases including all types of injuries including repetitive injuries such as Carpal Tunnel, back strain or falls.
  • Tips on how to deal with adjusters and avoiding the pitfalls and traps they hope you fall into;
  • Tips on how to determine the value of your injuries; and,
  • An overview of questions and legal issues that most injured workers have.

THIS FREE BOOK IS ONLY AVAILABLE TO INJURED EMPLOYEES IN ILLINOIS

ALL INFORMATION OBTAINED FROM YOUR SUBMISSION WILL BE HELD IN STRICT CONFIDENCE.

Illinois Car Accident Settlement Calculator

car accident settlement calculator The damages from an accident may seem unreal when they are reduced to numbers on a page. However, a car accident settlement calculator can give you a ballpark figure to determine if your case is worth pursuing. It would help your Woodstock car accident lawyer determine a figure they can fight for on your behalf if the other driver was at fault.

How a Settlement Calculator Works

The software that powers a settlement calculator is based on a simple formula that is a close-kept secret in insurance companies. Insurance adjusters use these to process claims, and no two may be alike. Some of the data these calculators rely on include info regarding:

  • Medical treatment.
  • Pain and suffering rate.
  • Property damage.
  • Lost earnings.
  • Impact on lifestyle.

Some calculators are designed to use a multiplier method. This tactic multiplies the value of economic damages (such as property damage and medical bills) with a number between 1.5 and 5 to determine pain and suffering. For severe injuries, the factor can go as high as 6 to 10.

When Settlement Calculators Don’t Work

Settlement calculators are an easy and quick way to figure out what an accident claim is worth and what your Woodstock car accident lawyer should consider. However, each case is different.

The calculator’s results may show figures less than what your claim is worth. Even if someone got into a similar accident, they might get a different settlement amount from yours. Some of the factors that affect the settlement amount include:

Severity of Injuries

If your injuries are life-threatening or severe enough to merit a hospital stay, you may receive a higher settlement than if they were minor. Insurance companies don’t want to be sued, so they may try and settle out of court if your claim is valid.

Number of Medical Bills

Insurance companies also look at how many medical bills a claimant has accumulated post-accident before considering a settlement. Naturally, a large number will increase the settlement amount. You should be reimbursed for the maximum amount or all of it.

Recovery Duration

If you sustain injuries that require months of rest and treatments to heal, you may be entitled to a higher settlement. The at-fault driver will have to pay for the bills, the wages you may lose out on as you recuperate, your pain and suffering, and other damages that an experienced Antioch car accident lawyer deems necessary.

At this point, you need a car accident attorney in your corner who can ensure the insurance company and the defendant don’t coerce you into a lower settlement than you deserve.

Contact The Law Offices Of Robert T. Edens For A Consultation Today!

At The Law Offices of Robert T. Edens, we have been fighting for the rights of accident victims such as you for more than two decades. Our Antioch car accident lawyers are well-versed in personal injury cases as it is our main focus. If you or someone you know has been injured seriously in a car accident and the insurance company is being uncooperative, contact us today. We can develop a legal strategy to ensure you get the maximum settlement you deserve.

Failure to Timely Diagnosis Malignant Melanoma

Verdict: Not Guilty

Date: December 2010

County: Lake

PLTF Medical: Dr. Malcolm Bilimoria (Oncologist) and Dr. Ermilo Barrera (Oncologist)

PLTF Experts: Barrett Sachs, D.P.M. (Podiatrist, Dr. Alfred Torrence (Internist) and Charles Linke, Ph.D. (Economist)

DEF Experts: Dr. Daniel Derman (Internist), Dr. Timothy Kuzel (Oncologist), Ronald Sage, D.P.M. (Podiatrist)

Summary: Plaintiff saw his general practitioner, Dr. Huang, for problems with the 4th toe on his left foot. Dr. Huang prescribed antibiotics for a presumed infection and referred him to a podiatrist. 1 month later, Plaintiff saw a podiatrist, Dr. Brown. Dr. Brown diagnosed an abscess infection and prescribed more antibiotics. The culture came back positive for staph infection. Plaintiff returned to Dr. Brown 1 week later. His condition had improved but a black spot was still on his toe.

Plaintiff returned to Dr. Huang complaining of a lump in his groin. Plaintiff was diagnosed with malignant melanoma which began beneath the nail of his left 4th toe. Plaintiff died 1 year later at the age of 52. The estate contended that the physicians failed the standard of care required. Further that Dr. Huang had a duty to ensure that a biopsy was performed even after the patient saw a podiatrist.

The defense argued that an earlier diagnosis would not have changed the outcome based on the extent of metastasis. The outcome of Plaintiff’s melanoma was determined more by the type of cancer rather than the timing of diagnosis or treatment.

Category: Medical Malpractice, Wrongful Death