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How Long Do You Have to File a Medical Malpractice?

Medical Malpractice AttorneyBefore building a claim in Illinois, hiring an attorney to review existing malpractice laws and current changes is a good idea. Since the laws also include a statute of limitations, this should be done sooner rather than later.

Statute of Limitations for Medical Malpractice

The state’s statute of limitations was introduced specifically for cases involving medical malpractice claims. According to the law, such cases have to be filed in court within two (2) years of the date on which the plaintiff knew or should have known about the injuries caused by a healthcare professional’s negligence or malpractice.

The statute of limitations in Illinois also sets bigger deadlines for cases in which plaintiffs do not discover their injuries straight away. However, you cannot bring a case in which the underlying medical error occurred more than four (4) years ago.

If the plaintiff younger than 18 years of age at the time, the medical malpractice case has to be filed within eight (8) years of the date on which the malpractice took place. However, in no event can the case be brought forward or accepted beyond his/her 22nd birthday.

Other Reasons for Filing Medical Malpractice Lawsuits

Due to Fraud – You can file a medical malpractice claim within five (5) years if it is proven the offending medical professional or healthcare facility withheld information to hide their negligence.

Due to Disability – If the injured party is incapacitated due to paralysis or any other injuries or conditions caused by medical malpractice, the statute of limitations begins when the disability is removed and he/she can proceed with the lawsuit. In that case, the patient has two (2) years to file the lawsuit.

The worst thing you can do is wait too long to file a case. If you try to file it after the statute of limitations has passed, your claim WILL be refused by the court. That is why it is critical you abide by the timelines dictated by malpractice laws without delay.

Personal Injury Attorney

If you are looking for a medical malpractice attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens and his team of attorneys at the Law Offices of Robert T. Edens today. We have over 20 years of experience representing clients like you who have been injured or paralyzed due to the negligence of nurses, doctors, dentists, pediatricians and other hospital staff. Get in touch with us for a consultation today.

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Understanding Infant Skull Fractures

Personal Injury AttorneyTraumatic brain injury is one of the most common causes of infant deaths, which are usually the result of medical malpractice during deliveries. The results are usually life-threatening and oftentimes, fatal.

The Newborn Skull

This is understandable because the skull of a newborn baby is incredibly fragile. It comprises an occipital bone, two (2) frontal lobes and two (2) parietal bones. All of these are fused together via fibrous tissue-based ‘sutures’, allowing those plates to move and the skull to be flexible as the baby squeezes through the birth canal. The supple sutures also allow the skull to grow with the brain as the child ages.

Because the bones are not hardened, the brain is exposed and vulnerable to impact. If a fracture occurs, it can do long-lasting damage to a newborn and can even prove fatal. Mild fractures may not be apparent in the beginning. However, if your baby suffers from seizures, has difficulty sleeping and nursing, chances are he/she has a minor break in their skull.

Common Causes of Infant Skull Fractures

Most fractures newborns suffer from are usually caused by instruments used during delivery. This can happen during difficult or prolonged labor or due to complications (if the baby is unusually large or if it is a breach birth).

If used incorrectly or with force, instruments, such as forceps and vacuum extractors, can cause severe fractures in the baby’s skull. The instruments can be used to grip the baby’s head and pull him/her from the womb with excessive force, which can cause injuries. In this case, the doctor can be held liable, especially if he/she should have had the hindsight to recommend a C-section after determining the delivery would be difficult or high-risk.

On the other hand, an infant’s skull can also fracture due to natural causes. For example, if the baby’s head is caught on the mother’s pelvis or gets stuck in the birth canal, the resulting pressure can cause skull injuries as well. However, this may be an excuses a doctor may use to avoid a medical malpractice lawsuit.

Personal Injury Attorney

If you need a medical malpractice attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens at the Law Offices of Robert T. Edens today. With over two decades of experience representing devastated parents with newborns injured due to hospital negligence, he can ensure you get the justice you seek and the compensation you deserve and need.

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Top Consequences of getting a DUI in Illinois

Personal Injury AttorneyThe consequences of drunk driving costs lives. Illinois takes DUI incidents seriously. If you get behind the wheel drunk or under the influence of drugs and are pulled over by law enforcement, you will be charged with a hefty fine or face a jail sentence. You can face these consequences if:

  • Your blood alcohol content (BAC) is .08 or higher.
  • You have a THC concentration of 5 nanograms or more per mm of blood.
  • You have a THC concentration of 10 nanograms or more per mm of any other bodily substance.
  • You impaired cognition because of a medication or a controlled substance.

The best way to avoid an accident or a DUI charge is to ensure you are not impaired by consumption of alcohol or drugs. However, if you are convicted, your license may be suspended and the duration will depend on the number of convictions you have:

First Offense – One (1) year or two (2) years if the driver is under 21 years of age.

Second Offense – Five (5) years.

Third Offense – 10 years.

If you have been convicted of a DUI for the first time, you can apply for a restrictive driving permit (RDP). This will come in handy if you need a mode of transportation to get to work, school, the hospital, and other important needs. However, in order to qualify for the temporary permit, you need to prove you need it to overcome a hardship and that you are not a danger to public safety.

If you have been convicted of a DUI for the second time, you need to have held the RDP for five (5) uninterrupted years. During this time, your car or vehicle should also have an ignition interlock device installed.

As a DUI offender, you need to complete a drug and alcohol evaluation and undergo treatment if it determines you abuse substances or alcohol. You will be responsible for paying for those treatments yourself. Additionally, you will also have to attend a victim impact panel (VIP) and pay a fee to attend the panel. The panel is basically made up of speakers that discuss the consequences of DUI related accidents – which are usually devastating.

Personal Injury Attorney

If you are the victim of a DUI accident, get in touch with the attorneys at the Law Offices of Robert T. Edens today. Bob Edens is one of the best lawyers you can get in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL. We are just a phone call away. Call us anytime for a consultation.

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Personal Injury and Punitive Damages

Personal Injury AttorneyThe aim of personal injury lawsuits is to ensure the injured party can return to the physical and mental state they were in before they sustained injuries because of someone’s negligence. However, in some cases, the defendant may act violently, cause delays in the investigation or do things to jeopardize a claim against them.

This is where the victim, i.e., you, can charge them with punitive damages.

Punitive Damages vs. Compensatory Damages

Here is how it works. There are basically two types of damages that are available in most personal injury claims – compensatory and punitive. The former is to compensate you for damages and injuries you incurred because of the defendant’s negligence. The second is to punish the defendant for any wrongdoings.

That is not to say plaintiffs can get punitive damages for every injury claim. The judge will only award those to teach the defendant a lesson or to punish him/her to ensure they do not repeat their mistakes.

What the Court Considers Before Awarding Punitive Damages

According to Illinois law, the jury can also award these damages along with compensatory ones if the defendant involved committed acts that were damaging, deliberate or deceitful in nature. It is assumed those actions can be the direct cause of the injuries of the plaintiff.

Some of the things jury may consider when awarding punitive damages include the following:

  • How long the defendant maintained the misconduct
  • The facts around the misconduct
  • How financially vulnerable the plaintiff is
  • How many times the defendant acted in an adverse manner
  • The harm the misconduct caused
  • Whether the misconduct was concealed deliberately by the defendant
  • The type of harm caused by the misconduct
  • The funds needed to discourage future misconduct and to punish the defendant considering his/her financial situation

However, it is important to note you cannot claim punitive damages in a wrongful death claim. That can only be valid if the defendant has done something wrong to merit it. However, if you were injured on someone’s property because of their negligence and they tried to coerce or threaten you not to press charges, you deserve to get punitive damages. It will speed up your recovery so it is important to understand whether you are eligible to receive them or not.

Personal Injury Attorney

Proving this in court can be easier said than done if you don’t have a personal injury attorney in your corner. Get in touch with us at the Law Offices of Robert T. Edens for a consultation today. We offer personal injury compensation and representation for residents in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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Proving Negligence for a Slip and Fall Accident

Slip and Fall AttorneyYou can get into an accident while crossing someone’s yard or on any property. If you get into one because you failed to see the warning sign put up by the owner, you are the one to blame. However, if you say you slipped and fell on someone’s porch because of a loose floorboard that the property owner failed to fix on time, you have grounds to file a personal injury lawsuit against them.

Proving Slip and Fall Negligence

However, to claim premise liability against the owners, you need to prove their negligence caused the accident and subsequent injuries. In other words, you need to collect evidence proving they knew about the state of that porch and failed to make repairs in a timely manner.
In such cases, with the help of a skilled attorney, you can prove that a reasonable individual would have resulted in an accident and would have taken measures to fix it. To claim damages, you need to prove the defendant failed to act reasonably to prevent your injuries. To receive compensation, you should collect and present the following evidence in court.

Photographs of The Accident Site

Take several pictures of the site of the accident from several different angles. This will help you document the area where you fell. Do this immediately after you fall. If you are unable due to your pain and suffering, ask a witness or a friend to do it for you. If you wait too long, the owner of the property may fix the damaged area, making it more difficult to pursue a claim.

Get Witness Testimonies

If you have a friend with you, get them to testify in court about the accident and what they witnessed. This includes details on how you fell and what the area that caused your fall looked like. This is important because a witness can determine whether you were partially responsible for the accident or not. For instance, if there were no warning signs, you were not fooling around or running on the porch, they can say you were not to blame.

Get Video Surveillance Footage

If there are video cameras around the property, get the footage of the accident immediately. The video will let the judge know exactly how the accident happened and can support your claim. Acquire the video in a timely manner or you may find it gone the next day. Just make sure you make your claim on time or risk losing out.

Even if you have all of the evidence to support your personal injury claim, without an attorney, you may not get the compensation you deserve. This is where the attorneys at the Law Offices Robert T. Edens can help. With more than two decades of experience representing personal injury victims like yourself in Illinois, we have recovered millions in collective damages. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. Get in touch for a consultation today.

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Ways to Prepare Children for a Road Trip That Can Prevent Accidents

Personal Injury AttorneyA road trip can be relaxing, but when you have excitable kids onboard, you can get into an accident. The good news is you can prevent it, make the most of the trip and ensuring it does not become a nightmare by following these tips.

Prepare Your Car Beforehand

You will be spending hours behind the wheel, so making sure it is good driving condition just makes sense. A lot can happen on the road that can cause an accident. For example – do not wait for it to rain before finding out your wipers do not work. Plus, an overheated engine can strand you for hours and your kids can suffer in the heat as they wait for you to fix the car. Worse, what if your car veers off the road because of a broken axle?

If you think your vehicle cannot perform for hours on the road, consider getting a rental instead. It will be a safer option for you and your family since these are usually in proper working order. Make sure they have safety belts as well. According to Illinois law, there should be two sets of these.

Distract the Kids with Meals and Snacks

Finger food and snacks are often enough to calm down toddlers and older children. If you have a baby on board, pull to the side of the road or in a safe area and then get in the back seat to feed him/her pureed baby food or cereal.

If your baby is still nursing, pull to the side of the road to feed him/her on a strict schedule. Plus, either have food in the car or stop at a restaurant at mealtime. Children usually act out when they are hungry. By maintaining a meal schedule during the road trip, you can do your best to ensure they remain calm.

Drive at Night

If your children are quite young, consider driving at night. This is going to be quite helpful if you have 2-year old’s or younger children. Keeping them calm and occupied for hours at a time can be a challenge as it is.

By driving at night when they are tired from a day full of play and sleepy, you will be able to drive without distractions. However – make sure you are not too tired to remain behind the wheel.

Personal Injury Attorney

If despite taking all of these precautions, you get into a car accident with a negligent driver who refuses to pay for damages, get an expert attorney on your side. Get in touch with us at the Law Offices of Robert T. Edens for a consultation as soon as possible. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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How To Gather Evidence For A Solid Car Insurance Claim

Personal Injury AttorneyThe best way to protect your legal rights after you are involved in a car accident is by collecting evidence. This is the first thing you should do – or ask an uninjured passenger to do – once both of you get your bearings.

The information you gather will play a crucial role in a personal injury or property damage claim you want to make against the at-fault driver. By gathering evidence, you can also protect your interests if the other driver makes a claim against you. Here are some things you should right after your accident.

Make A Video And Take Pictures Of The Scene Of The Accident

Chances are high that either you or your passenger will have a smartphone with you. Use it to take detailed videos and pictures of the accident site. Cover damages to your car, along with the state of the other vehicle. Also, take pictures of the visible injuries you and your passenger sustained because of the accident. The pictures and footage will allow you to strengthen your case if the other driver’s insurance company tries to devalue it.

Record Witness Statements

If you see witnesses around the accident site, take down their contact information and a verbal statement on video from your smartphone. You can contact them afterwards in case their testimony is required in court. The police officers who are dispatched to the scene will do this as well, but chances are, they will not record witness statements on video.

Make sure you make copies of the record police provide, as well as the video statements and contact information you receive from witnesses. If the insurance company tries to deny your claim, you will have irrefutable proof proving the validity of your claim.

Prevent Spoliation of Evidence

Some evidence that is critical for your lawsuit or injury claim may be discarded, damaged or ‘spoiled’ either by accident or by design. To ensure it is preserved until you make your claim, ask your attorney to draft a spoliation letter to the facility that has custody of the evidence.

The letter will put them on notice to ensure they preserve each piece of evidence to the best of their abilities. It will also make them liable if the evidence is destroyed by accident. This includes surveillance footage, emails, medical records or even a piece of your vehicle that broke off in the accident.

Personal Injury Attorney

If you are in search of a team of professional attorneys who are experienced in handling auto accident cases and claims, get in touch with the Law Offices of Robert Edens today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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Watch Out For These Bad Faith Insurance Practices

Personal Injury AttorneyThe road to recovery following a car accident can be long and painful. However, if your insurance company refuses to cooperate and instead tries to reduce the value of compensation you deserve and need, your healing process may also be delayed.

When an insurance company tries to refuse a claim without a reasonable basis, it is acting in ‘bad faith’ and is essentially, breaking Illinois law. Unfortunately, this tendency is more common than you may realize. The good news is you can call them out for it – if you know what you are looking for. Here are common bad faith practices you or the other driver’s insurance company may try to pull on you:

Unjustified Claim Denial

If the insurance company denies your claim without giving a valid reason, you can file a claim of bad faith against them. A common example is if your auto insurance company refuses to get a policy holder’s vehicle repaired after it is involved in an accident without giving a reason for denial.

Denying Or Delaying Requests For Approval For Medical Treatment

When it comes to receiving approval for medical treatments after a car accident, time is of the essence. Insurance companies know this and many exploit it to deny or delay treatment requests.

The bottom line is: If your doctor says a surgery or any medical procedure is necessary, your insurance company should act on this request. If it doesn’t and your request is delayed, you can file a claim of bad faith against them.

Devaluing the Compensation

Insurance companies have more than enough money to compensate for their policy holders. They just aren’t enthusiastic about it because prioritize their profits over their clients. That is why many try to offer less money than what the claim is actually worth.

For example, if a tree fell on the roof of your house, your insurance company may only offer to pay half from the quote you received – even if your policy can pay for everything. In this case, they are acting in bad faith and can be called out for it by your attorney.

Personal Injury Attorney

If an insurance company has unfairly denied your claim, you have the right to take legal action against them. Get in touch with the Law Offices of Robert Edens today. We know insurance companies prioritize their own profits over their policy holders and have substantial experience in handling bad faith cases in court. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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Why You Shouldn’t Talk To An Insurance Adjuster Sent By The At-Fault Driver

Personal Injury AttorneyIf you are involved in an accident and the injuries you sustained are due to negligence of the other driver, you have the right to ask for compensation. Illinois is an ‘at fault’ state. However, if you receive a call from the other driver’s insurance adjuster – be cautious. Once the driver files a report with the insurance adjuster, the adjuster will start an investigation into your claim.

The worst thing you can do at this point is agree to it. Agreeing to it can prevent you from receiving the compensation you deserve.

How Claim Adjusters Get Accident Victims To Talk

The first thing you will notice about insurance adjusters is how ‘nice’ they are. They will ask questions about the car accident, how you are doing, injuries you sustained and how you were involved in the accident. They also will promise the insurance company will take care of the bills and that you are completely in the right. In other words, you will be lulled into a false sense of security, thinking the at-fault driver’s insurance company is on your side.

Nothing can be further from the truth. All of the statements they make are unenforceable. They are only meant to make you let your guard down and record a statement about the incident, the injuries you sustained and the medical treatment you need for them.

Adjusters are trained to encourage you to admit key facts, which will be against your best interests. For example, you may admit you saw the oncoming car before you entered the intersection, which can compromise your claim. They can also minimize your injuries by making you admit you are feeling better after the accident. In other words, for them, the aim of the meeting is to make your version of the accident doubtful.

Personal Injury Attorney

This is where an experienced attorney can prove invaluable, especially from the Law Offices of Robert T. Edens. By hiring an experienced attorney, you will receive personalized legal services that can prevent an insurance company from denying your claim. The other driver may have a team working to deny your claim – but the legal team working for you will fight just as hard to ensure they do not win. Pick up the phone and call us today for a consultation. The call is free of charge. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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When Is A Store Owner Liable For A Customers Injuries

Personal Injury AttorneyIf you are injured in a store in Illinois, you can receive compensation whether you are or aren’t at fault for the accident. This is according to the state’s comparative fault law in which the value of the settlement is based on the percentage of the fault.

Understanding the Comparative Fault Law

According to the law, you can collect damages even if the accident is partly your fault and the court can adjust the settlement accordingly. This is determined by the modified comparative fault rule.

To understand this law, let’s take a simple example. Say you are shopping in a grocery store and are reading the label on a can without looking where you are going. If you trip and injure yourself in this case, you will be partly at fault for your injuries.

As a person who is in charge of all of his/her mental and physical faculties, you have a duty of care to prevent such incidences. However, even in this case, you will be 5 percent at fault and the store will be 95 percent at fault. (If you slipped on a wet spot that wasn’t cordoned off properly, you may be eligible for more). If you are awarded $100,000 by the court and it is reduced by 5 percent, you will receive a generous $95,000 in compensation.

However, if the court determines you were 50 percent responsible for your injuries, that amount will be split in half and you would receive $50,000 in compensation. If you are more than 50 percent responsible, the verdict may be in favor of the store owners.

You have two (2) years from the date of the accident to file a personal injury claim with an attorney for your claim to be valid. In some cases, the statute of limitations may start running from the date you discovered your injuries from the accident (such as internal bleeding or a hairline fracture).

Personal Injury Attorney

If you suffered a traumatic brain injury from the accident, you deserve each penny you receive from the store owners. The consequences of this injury can be life-altering and lifelong in some cases. Get in touch with us at The Law Offices of Robert T. Edens for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. Our cases are usually retained on a contingency fee basis and we won’t even ask for it until you recover fair damages from your case.