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How Is A Wrongful Death Settlement Paid Out?

Wrongful DeathIf your loved one has died due to the negligence or recklessness of someone else’s behavior, you can file a wrongful death lawsuit. This lawsuit determines the compensatory money and damages that you should receive due to the wrongful death of your loved one. While money certainly will not help ease your pain, it can reduce your monetary burden and ensure that you remain financially stable.

The Basics of a Wrongful Death Lawsuit

A wrongful death lawsuit is a form of personal injury lawsuit that can be filed against a person or organization whose negligent or reckless behavior led to the death of another individual.

For instance, if a drunk driver caused a collision that killed your family member, you can file a wrongful death lawsuit against the drunk driver. Similarly, if a work-related accident, such as an explosion, led to the premature death of your loved one, you can file a wrongful death lawsuit against your deceased family member’s employers.

According to Illinois Wrongful Death Act, the deceased person’s family members can file a lawsuit against those responsible for causing the death.

How Is A Wrongful Death Settlement Paid Out?

Under Illinois’s Wrongful Death Act, the deceased person’s spouse and children may be entitled to receive damages in a wrongful death claim.

Even though the deceased’s family members are responsible for filing the wrongful death lawsuit, they don’t directly receive the wrongful death damages. Instead, the court hearing the lawsuit has the power to decide how the money will be allocated to the spouse and children. The law particularly says:

“The amount recovered in any such action shall be distributed … in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.”

In simple words, the court determines the financial dependence of each family member on the deceased and then proportionately allocates the money. For instance, if a father was bearing his child’s educational expenses, that child might receive a larger share of damages than a child who wasn’t financially dependent on the father.

Personal Injury Attorney

The untimely death of a loved one is one of the most devastating experiences anyone can go through. During this difficult time, having an experienced attorney who is skilled at wrongful death lawsuits is a good idea. Get in touch with us at the Law Offices of Robert T. Edens for a consultation today. We can represent you in court and ensure you receive the appropriate amount of damaged. We aim to lower your monetary burden and ensure that you stay financially stable.

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Who Decides If You Qualify for Workers’ Compensation?

Worker's CompensationAll businesses operating in Illinois with employees are required to sign up for worker’s compensation insurance. This also includes businesses that only hire part-time employees. According to Illinois law, employers have to purchase a policy from an insurance company or get permission to self-insure.

What Does Workers’ Compensation Cover?

Worker’s compensation, also known as worker’s comp, only covers job-related injuries, such as:

  • Injury caused by the repetitive or continuous use of a body part at work
  • Heart attack caused by work
  • Stroke caused by work
  • Other physical harm caused by work
  • Pre-existing conditions aggravated by work

Some injuries not covered in worker’s compensation are:

  • Injuries at non-mandatory recreation events, such as softball games or company picnics.
  • Accidents during an alcohol or drug rehabilitation program.

Who Decides If You Qualify for Workers’ Compensation?

After you have filed for a worker’s comp claim, an arbitrator will be allocated to your case, and you will be given a case number. Once this happens, your case will be re-examined every 60 days in a status call.

When you receive a status call, you can either ask for a hearing or inform the arbitrator that you are negotiating a settlement with the insurance company. If you request a hearing, the arbitrator will set a trial date within 30 days of your request.

During the hearing, the arbitrator will listen as you and your employer state your case regarding why you should or shouldn’t get worker’s comp benefits. After the arbitrator has heard both sides of the story, he/she will communicate the decision to you within 60 days.

Thus, it is essentially the arbitrator who decides if you qualify for worker’s compensation or not.

Last Few Words

Getting injured at work isn’t just physically painful, but financially burdensome as well. The cost of surgeries, operations, medications, and visits to the doctor can take up a fair share of your hard-earned savings. Moreover, the travel expenses to and from a medical facility to receive treatment can also be exorbitantly high.

Thus, you need to make sure you timely file for a worker’s comp claim and receive the benefits you are entitled to.

Personal Injury Attorney

If you need any assistance in filing a worker’s comp claim, get in touch with us at the Law Offices of Robert T. Edens for a consultation today. We can represent you in court and ensure you receive a fair amount of damages. We aim to lower your monetary burden and ensure that you stay financially stable. See more on our Illinois Workers’ Compensation FAQs page.

 

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Is There A Time Limit for Workers’ Compensation Claims?

Workers' Compensation Claim FormMost people who get injured at their workplace don’t know that their ability to receive benefits is bound by the Illinois statute of limitations for workers’ compensation claims. The statute of limitations is basically a deadline before which a claim needs to be filed. If the injured party fails to file a claim before the deadline mentioned in the statute, then they will not be entitled to receive the benefits.

The Statute of Limitations For Workers’ Compensation Claims

In Illinois, there are two deadlines that injured employees need to meet in order to maintain their eligibility for worker’s compensation benefits. The first deadline is for the reporting of the injury and the second one for filing a claim for benefits.

1. Deadline to Report the Injury

According to Illinois law, all injured workers who want to file a worker’s comp claim have to report their injury to their employer within 45 days of the accident. However, it’s not advised to wait out the entire 45-day period and you should ideally report your injury within an hour of it happening.

On the other hand, if you’re suffering from an occupational illness instead of a job-related injury, the 45-day deadline doesn’t apply. In this case, you need to inform your employer about your condition as soon as you become aware of it.

2. Deadline to File A Claim

Reporting your illness or injury is not the same as filing a claim for worker’s compensation benefits. After you report your injury or illness, you will have to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission.

As per Illinois law, you can file a worker’s compensation claim up to 3 years from the date you got injured or ill. So, if you got injured at your workplace on January 1, 2020, you have until January 1, 2023, to file a claim.

If you have any questions regarding the time limit for filing a claim or if you need help with filing a claim, get in touch with The Law Offices of Robert T. Edens. Never assume that you’re late in filing a claim for your injury, or that you aren’t entitled to benefits, even if your employer or the insurance company tells you so. To contact us, dial (847) 395-2200.

See more on our Illinois Workers’ Compensation FAQs page.

 

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Avoid Bicycle Accidents With These Bicycle Safety Tips

Bicycle AccidentHow To Avoid Bicycle Accidents

Bike riding is an exciting and exhilarating way to remain fit, not to mention eco-friendly. However, if you prefer to ride yours everywhere, bear in mind that you are exposed to more than just the elements. Each year, about 2% of motor vehicle crashes that result in death involve bicyclists.

Top Bicycle Safety Tips

Don’t become part of that statistic! Here are some bicycle safety tips that can make this beloved hobby safer for you whether you are in traffic or in the park:

Choose the Right Sized Bike

Make sure that your bike is neither too big nor too small for you. In either case, it will limit your ability to handle and control it which can lead to an accident. Check out the manufacturer’s sizing chart to determine the correct size for yourself according to your height.

Choose a Well-Fitting Helmet

Get a helmet that is new and fits you perfectly. The rim should sit level on your head and should be about two-finger width above your eyebrows, not right on top of them. Plus, the straps should fit snugly under your ears in a V formation. When buckled, it should be loose enough to allow two fingers underneath to prevent you from choking.

Never Head out Empty-Handed

make sure that you always have your cell phone, your ID, and some money with you when you head out. Bicycle accidents are unpredictable and will almost always catch you unawares. Your ID will also let emergency responders know who you are in case you are incapacitated. Additionally, you can call 911 or your family quickly to come to your aid. Plus, if you need a ride because of a busted tire, you will have the money to call an Uber or catch the bus.

If you are caught in an accident while you are on your bike and the driver of the car was at fault, he/she is liable for damages. However, if their insurance company refuses to pay for your medical costs and property damage or tries to reduce your claim, you need experienced bicycle accident lawyers from the Law Offices of Robert T. Edens in your corner.

Personal Injury Attorney

Insurance companies are notorious for placing blame on victims and cyclists at the top of their list. We can ensure you get the max compensation you deserve. Get in touch with us for a free consultation in our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL.

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I Was Involved In A Trucking Accident – Do I Sue The Trucker Or The Trucking Company?

Trucking AccidentWhat To Do If You Are Involved In A Trucking Accident

While a car accident can result in serious injuries, a trucking accident almost always proves fatal. Unlike cars, trucks such as 18-wheelers are larger in size and move with more power due to the freight and cargo they carry. A regular car stands no chance against that sheer power, especially if it is coming at it at full speed. Large trucks take longer to come to a complete stop, after all. With drivers who are sleep deprived and sometimes untrained, it is little wonder why the number of truck-related deaths keeps increasing every year.

Is the Driver or the Company at Fault for the Trucking Accident?

If you ask an experienced personal injury lawyer, you should always look at both the driver of the truck and the company he/she works for. If the driver’s actions resulted in the accident, that means they weren’t trained well enough or were unqualified in which case the company will be liable for damages as a ‘respondent superior’. This can also be the case if the accident was caused due to mechanical negligence, i.e. if the company failed to maintain the truck.

Besides the truck driver and the trucking company, you can also sue the shipping company, the vehicle manufacturer (if a missing or loose component in the truck caused the accident), and the owner of the property whose negligence resulted in the accident. However, this will only be the case if the accident results in death.

What to Do if You are Caught In a Truck Accident

If you are able to, the first thing you should do is get your vehicle off the road and then call 911 to file a police report. Plus, document all of the vehicles and the scene of the accident and get the contact information of witnesses nearby. When you seek medical attention, make sure that you ask your doctor to examine you for late-onset conditions such as whiplash and concussion.

Personal Injury Attorney

Once all that is done, get in touch with a truck accident attorney as soon as possible. Trucking companies understand that accidents can cost them a lot of money and their insurance companies will send their best defense attorneys to limit losses. At this time, a qualified lawyer from the Law Offices of Robert T. Edens will prove invaluable. Get in touch with us for a consultation in our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL.

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Can I Get Workers’ Compensation For Contracting COVID At Work?

Workers' CompensationThe COVID-19 pandemic has forced more employees in their homes due to quarantine than businesses can handle. While granting worker’s compensation in these unprecedented times is tricky, professionals that deserve to be compensated are frontline and healthcare workers who are on the front lines trying to keep the pandemic at bay. COVID has caused record-high unemployment in Illinois, as well as most areas of the U.S.

Similar to other occupational illnesses, an employee has the right to seek workers’ comp benefits for medical treatment and lost wages related to the COVID-19 virus. If you wondering if you can receive workers’ compensation for COVID-19, the short answer is ‘yes,’ but only when certain criteria are met. Here’s what you need to know.

COVID-19 as an Occupational Disease or Illness

According to circumstances, the coronavirus pandemic can be considered as an occupational disease or illness because it is highly contagious and spreads quickly. Worker’s compensation covers occupational disease if it arises out of the course of employment. Since the disease spreads like wildfire, an infected super spreader can infect several others in his/her vicinity on the first contact.

A number of factors have to be met for this criterion to be effective. This includes the following:

  • It can be traced back to the place of employment to determine proximate cause.
  • There is a direct connection of the disease with the work conditions under which work is performed.
  • It does not originate from a hazard to which other workers would have been exposed if they were not in the workplace.
  • The disease manifestation was the result of a natural incident that cropped up at work or due to exposure caused by the nature of the employment.

In other words, if there is a direct connection between your work duties and COVID-19 exposure, you are eligible for worker’s compensation. However, this only applies to health care professionals or first responders who naturally have higher chances of contracting the disease in the course of their work.

Your Attorney Should Be Moving Forward With Your Case

If you are concerned court is not taking place due to COVID, it still is – just not in-person. The vast majority of court cases are proceeding forward via Zoom or other platforms. COVID-19 should not be a reason to delay filing your workers’ compensation case.

HB 2455

This is not just hearsay. June 5, 2020, Illinois Governor, JB Pritzker signed HB 2455 into law, allowing worker’s compensation coverage for this sector of the workforce. By putting this law into practice, Illinois effectively became the latest state to allow a presumption of the coverage that specifically covers COVID-19. Besides the state, Kentucky, Alaska, Arkansas, Missouri, Michigan, California, and other states had signed similar laws into practice.

 

Personal Injury Attorney

If you are a frontline or healthcare worker and your employer refuses to provide or withhold workers’ compensation from you, you need a workers’ compensation lawyer in your corner because you have the right to file for workers’ compensation benefits. Get in touch with an employment law attorney who specializes in such cases at the Law Offices of Robert T. Edens today. You can reach us at our offices in Chicago, Libertyville, Waukegan, Woodstock, and Antioch, IL. See more on our Illinois Workers’ Compensation FAQs page.

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Why You Should Always Use an Attorney to Dispute Insurance Claims

Insurance Claim DisputesInsurance claims aren’t guaranteed to go your way. Contrary to popular belief, just because you pay your insurance premiums, doesn’t mean your insurance company will accept your claim. Often, they will try to gather evidence and make allegations that can help them deny it.

Top Benefits of Hiring an Attorney for Insurance Claim Disputes

Insurance claim disputes can get ugly, even if the insurance company is in the wrong. Here are just some reasons why you should always use an attorney to dispute those claims.

Small Injuries Can Worsen with Time

If your injuries get worse with time and you already accepted a settlement offer, there is nothing you can do to dispute it. By giving your consent, you automatically void all future claims pertaining to the accident.

However, if you hire an attorney beforehand, they will advise you to wait until you are aware of the full extent of your injuries and then make a claim when the time is right.

The Opposing Side Will Have Legal Representation

Do you really think you have the skills and experience to go up against a trained and professional attorney the insurance company hires? They work with them every day and are intimately familiar with strategies that can derail your insurance claim disputes.

By hiring an equally skilled attorney, you can show them you are equally serious about recovering maximum compensation. It will also increase your chances of success – especially if you hire one that has a successful track record with such cases.

When You Should Contact an Insurance Claims Dispute Attorney

Whether you have a lot or little to lose because of an insurance claim dispute, you should have an attorney in your corner. Some of the main cases which merit the presence and aid of an attorney include:

  • Claims in which fault is difficult to establish.
  • Claims that are expensive or complex.
  • Claims in which the adjusters don’t agree with you.
  • Large claims such as water damage, fire damage, etc.

Personal Injury Attorney

If you or anyone you know have faced an adjuster and been denied compensation for a personal injury, it isn’t because the insurance company cannot pay. They just don’t want to pay because they prioritize profits over people. Get in touch with an attorney at the Law Offices of Robert T. Edens for a free legal consultation regarding your options. We can even come to you if you want whether you live in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois.

 

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Why It Pays to Retain a Workers’ Comp Attorney in Illinois

Workers Comp IllinoisA job-related injury can result in loss of limbs, senses, strength, and mobility. You cannot resume your duties until you fully heal. However, if your boss refuses to compensate, according to the Illinois Workers’ Compensation Act, you have the right to sue him. Here are just some reasons why you should retain an Illinois workers’ comp attorney for your case.

To Level the Playing Field

When you face an adjuster, you may not be fully aware of your rights, and the adjuster knows this. For example, if you are told a back injury does not qualify because you had a pre-existing condition or are sent to independent medical practitioners for ‘checkups,’ you can unknowingly damage your case.

An experienced attorney will make sure your rights are protected and you are treated fairly by the insurance company. They know the language and the information used in the Act like the back of their hand.

Resolve Complex Issues

Most people hire an attorney when their case gets complicated – and that’s a mistake. This can be anything from their benefits being cut off to a denial of medical needs. These issues can be resolved, but they require complex procedures, which include a hearing at the Workers’ Compensation Commission, which must be backed with medical evidence.

The case must be on file for that to happen – something attorneys can do after they acquire your medical records. If you are cut off from benefits, the process can take quite long to finish, unless you hire a lawyer. That’s because they can resolve issues as they crop up and act quickly in your best interests. Do you really want to take that chance?

However, if you hire an attorney only after you face issues, they will not be in the best position to help you right away. The time to act is now when you need legal aid the most.

This is where the Law Offices of Robert T. Edens can prove invaluable. We have been fighting for the rights of injured employees for close to two decades and have a successful track record to show for it. Hire our Illinois workers comp attorneys to handle your workers’ compensation claim before it is too late. Get in touch with us whether you reside in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois.

See more on our Illinois Workers’ Compensation FAQs page.

 

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Reasons to Consult an Attorney after Auto Accidents

Auto Accident AttorneyYou cannot control the actions of a careless or out-of-control motorist. However, with the help of a competent auto accident attorney, you can control your life, post-accident. That is where your road to recovery starts. An attorney will ensure your rights are protected and your burdens are lifted by making sure you get the compensation you need and deserve from the opposing party.

How an Auto Accident Attorney Can Help

Here are just some ways an attorney can prove invaluable for you after a car accident.

Skillfully Negotiating on Your Behalf

Accident attorneys are skillful negotiators who work to create a fair and quick settlement for their clients for accident claims. If the opposition is uncooperative when it comes to coming to a reasonable settlement, your attorney can take your case to court. Whether you are injured because of a car, truck, or bicycle accident, you can breathe easy knowing an attorney will get you the best settlement possible.

Add a Personal Touch

A skillful auto accident attorney will get to know your story from your perspective and will also keep you fully informed about the progress. Make sure you hire one who gives you their undivided attention. That way, you will have complete peace of mind knowing your needs are not being ignored.

Go to Trial on Your Behalf

Your injury attorney will take your case to trial if the opposing party is being uncooperative in determining a fair settlement. They will prove how the other driver was at fault – and if proven guilty, your attorney will make sure they give you the compensation you deserve and need. Besides paying for your medical bills, this can also include payment for property damage (for your car that was damaged in the accident).

However, most attorneys try to ensure a case is settled out of court and as amicably as possible. That’s because they know the tide can turn against you in court and you may not get the full compensation you deserve.

No need to search for ‘personal injury attorney near me.’ Just visit us at the Law Firm of Robert T. Edens for a consultation today. We have been fighting for the rights of car accident victims for more than two decades and counting. You can reach us whether you live in Libertyville, Waukegan, Woodstock, Chicago, or Antioch, Illinois. We will have the best in our team on your case.

 

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What You Need to Know About Drugged Driving Laws in Illinois

Car Accident AttorneyIllinois has some of the strictest drugged driving laws in the U.S. If you are charged with driving under the influence of a drug or a combination of substances that compromise your driving skills, you can be charged. In fact, if there is any substance, compound, or drug in your urine, blood, or breath due to cannabis consumption, you will be charged.

The state’s zero-tolerance policy on drugged driving means if an officer has a reasonable suspicion you are under the influence of drugs, you will be arrested. In fact, even if there is no physical evidence on your in your vehicle or drugs, you can still be taken into custody.

Prohibited Drugs

Drugs that are prohibited include cannabis or meth irrespective of the amount that is found in your system. In Illinois, besides alcohol, marijuana is the drug that is used most often before the intoxicated driver gets behind the wheel.

Even though drivers can use prescribed drugs before they get behind the wheel, if they are intoxicated and cause an accident due to their impairment, they are held accountable and charged with a DUI. If he/she refuses to take a drug alcohol test, their refusal can be admitted into the evidence during their trial.

Penalties for Driving Under the Influence Of Drugs

If a driver is found guilty of driving under the influence of drugs, they can:

  • Lose their license.
  • Face a jail term.
  • Have a permanent criminal record.
  • Be ordered to pay hefty fines.
  • Be ordered to complete a substance abuse treatment program.
  • Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

If you are the unfortunate victim of such a driver, you have way more to lose in comparison. Depending on the extent of your car accident injuries, you can lose your job, remain bedridden for the rest of your life, and may lose loved ones who suffered from injuries with you. Plus, why should you be burdened with medical bills which you would never have been faced with if not for the accident?

Personal Injury Attorney

If the driver of the other car is at fault and refuses to cooperate when it comes to compensation, get in touch with an attorney at the Law Offices of Robert T. Edens. We have more than 20 years of experience fighting for the rights of accident victims such as yourself in Chicago, Waukegan, Woodstock, Libertyville, and Antioch.