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April 1, 2020February 7, 2023

A Brief Guide to Illinois’ Fault Laws for Auto Accidents

If you are ever involved in a car accident in Illinois due to someone else’s fault or negligence, you have the right to compensation. Illinois follows a tort or fault system to determine who should pay in case like this.

This means anyone found legally responsible for causing the accident must pay damages to the party they injured. That is why most Illinois motorists must carry property and bodily injury damage liability insurance by law. However, this does not mean the injured can’t file a direct case against them if they want to.

On the other hand, according to the state’s comparative negligence laws, an injured party may also have to pay part of the compensation if they are found partially at fault for the accident. In this case, they are liable for paying damages up to the percentage of fault the other driver must pay.

Whether they are responsible, partially responsible or are not at fault, people who sustain damages in a vehicle accident can do one of the following:

File a claim with their insurance company: After the accident, the injured party can file a claim with their insurance carrier on the assumption they will be paid and then reimbursed by the at-fault party.
File a claim with the insurance company of the at-fault party: This can take longer because the insurance carrier of the other party will try their hardest to reduce or dispute your claim.
Sue the responsible party and/or their insurance company: If the insurance carrier or their client (the responsible party) refuses to pay damages, even if the injured party has a valid claim, they can file a lawsuit against them. The tables can also turn if the insurance carrier believes the injured party is exaggerating the value of their claim.

Bear in mind you have two (2) years from the date of the accident to file your claim for it to be deemed valid. Additionally, if the accident proved fatal, the family of the deceased can also file a wrongful death lawsuit against the responsible party. This must be done within one (1) year of the victim’s death,according to the state’s statute of limitations. By taking swift action, you can increase your chances of getting the compensation you deserve and need and bring the at-fault driver to justice at the same time. Personal Injury Attorney If you have been injured in a car accident and wish to file a claim, you need aggressive legal representation from the Law Offices of Robert. T Edens. We have been fighting for the rights of auto accident victims for the last two decades in Libertyville, Waukegan, Woodstock and Antioch, Illinois. An attorney will be assigned to your case as soon as you consult with us and will work to make sure you get the compensation you deserve and need. Have a team of professionals working to protect your rights and get the amount you deserve.

March 31, 2020February 7, 2023

What to Do If You Have Been Under-Compensated by Your Insurance Company

Personal Injury Attorney Was your vehicle completely totaled in a car accident? Even if you received compensation from your insurance carrier, chances are they underpaid on mandatory charges such as sales tax, registration, license plates and state title for your replacement vehicle.

Depending on the value of your vehicle, a total loss accident can range from a devastating collision with other vehicle(s) to striking a deer. In either case, getting enough compensation from the insurance company to cover repairs can be a challenging issue. Chances are that the insurance company will either refuse the rest or underpay you.

What to Do If You Are Underpaid

If you were underpaid, even though you fulfilled all the legal and regulatory steps required to complete your claim, you can dispute the value by taking certain steps. During this time, you may be without a vehicle, which can be very stressful. Some insurance companies will try to take advantage of your emotions and situation by underpaying or failing to pay. You can try and negotiate with the insurance company or you can sue them. However, regardless of the path you take, you need to gather substantial evidence to disapprove the insurance company’s claim. Often, compensated amounts can be low – compared with the total claim settlement amount, which are overlooked during this emotional time for you.

This means you need to collect evidence which proves your vehicle was worth more than what your insurance carrier claims. The best proof would be pictures of your totaled vehicle, as well as proof of any upgrades were made before the accident because these will affect your vehicle’s final value.

The most important thing to do is to take pictures of your vehicle before the insurance company claims it. If they have already claimed your vehicle, the only way you could reclaim it is if it only sustained hail damage and is operational or if it is nine years old or older.

After collecting proof of your claim, hire a qualified appraiser outside of the insurance company who give their professional opinion on the actual amount your totaled vehicle is worth. This can be used as evidence in court and depending on the results of the appraisal, you can either increase the settlement or file a lawsuit if the insurance company still refuse to pay any outstanding amount.

Contact Robert T. Edens, a Central Midwest Illinois Attorney

If you or someone you know has sustained a total loss on their vehicle and their insurance carrier paid for the loss out of the policy covering the car, you need an attorney from the Law Offices of Robert T. Edens in your corner. We can advise on how you can hold the insurance company liable for this misconduct. Call us today at (847) 395-2200 for a free, no-obligation consultation in Waukegan, Libertyville or Woodstock, Illinois, today. If the insurance company refuses to cooperate, get in touch with us for aggressive and quality advocacy, which can ensure you get the maximum compensation you deserve. In most circumstances, we can do so on a contingent fee basis, meaning there are no legal fees or other lawyer costs to be paid by you.

March 23, 2020February 7, 2023

Top 3 Reasons Your Insurance Company Can Use to Deny Auto Accident Claims

Personal Injury Attorney The U.S. insurance industry has trillions of dollars in assets and it pays its CEOs more than any other industry. However, this does not stop them from take advantage of policyholders. Most insurance companies try to up-sell policies to their clients, even though they may not need them, or deny claims to valid insurance holders.

Unfortunately, this is the reality of insurance claims in Illinois. However, you can prevent this from happening by thoroughly reading through your policy document. Even then, your insurance company may try and reduce your claim using the fine print in your policy or possible hidden clauses. Here are some ways your insurance company can try to reduce how much they pay you after a car accident:

Policy Limitations

Every insurance policy comes with limits, irrespective of the damage, so you won’t get any coverage that exceeds it. To ensure you are covered for most damages, carefully choose a plan. While paying for higher coverage can be expensive, it will pay off because your insurer will have to pay for damages that cover it.

Also, keep in mind the type of coverage you choose will determine the specific amount your insurance company will pay. For instance, if your policy does not cover collision damage, the insurer will not pay for it if your car is involved in a head-on collision. From a financial point of view, because Illinois is an at-fault state, getting the best coverage will be in your best interest.

Prior Injuries or Surgeries

One of the first things your insurance company will do is to ask you to sign a medical authorization form. This is the worst thing you can do without an attorney present. These forms are used to search through the claimant’s medical history to pinpoint prior injuries or surgeries, which can be used to compromise their claim.

In other words, the insurance company may claim your injuries were the result of a previous medical procedure or accident, not the one your asking damages for. They may also use the information you provide to argue your injuries are not severe enough to merit damages.

Pre-Existing Conditions

If you’re living with a pre-existing condition, the insurance company may try to blame it for the accident. They may say it caused your injuries, rather than the incident itself.

For instance, if you have a pre-existing back injury that was aggravated because of the accident, the insurer may try to claim your new condition did not result from it. How can you make sure this doesn’t happen? By hiring an experienced attorney who can see right through their lies.

Whether you have been injured in a car accident and want to sue the negligent driver for damages or want to take an insurance company to task for denying your claim, call the Law Offices of Robert T. Edens today. We will put a team of professional personal injury attorneys on your case who will ensure you get the compensation you deserve and need. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois.

March 18, 2020February 7, 2023

3 Common Types of Medical Malpractice You Can Sue for and When

When a medical professional makes a mistake, the error can lead to a patient becoming disabled or disfigured. In a worst-case scenario, it can lead to a patient’s death.

Some mistakes are more common than others, but most of them can result in devastating consequences for the family of the deceased or disabled individual. According to Illinois law, if you are either of these, you can file a medical malpractice lawsuit and get the compensation you deserve and need.

However, to prove the claim in court, you must prove the mistake fell below the standard of care the doctor was supposed to maintain, thus resulting in the incident. In other words, you cannot file a medical malpractice lawsuit if the procedure and the diagnoses were not to your liking. This includes mistakes that did no harm to a patient.

Valid Medical Malpractice Claims

The following medical practice claims can hold up in court:

Misdiagnosis – Failing to diagnose a medical ailment or failure to diagnose it incorrectly is the most common mistake a doctor can make. These often lead to devastating consequences or debilitating injuries.
Surgical Mistakes – Common mistakes include leaving sponges, gauze, or surgical equipment inside a patient before sewing up the surgical site or performing surgery on a patient who doesn’t need one.
Medication Mistakes – This includes prescribing incorrect doses and medications and disclosing incorrect methods of administration. Additionally, doctors who prescribe drugs that have to possibility to harmfully interact with medicine the patient is currently taking also is grounds for medical malpractice.

Illinois Medical Malpractice Statute of Limitations

You cannot take your time filing a medical malpractice claim. The statute of limitations places strict timelines on the time you have to file a case in civil court. In Illinois you have two (2) years to do this, but the clock starts from the date the offending medical practitioner knew or should have known about the medical concerns, which resulted from malpractice.

There is a larger deadline for cases in which the patient’s injuries are not discovered until later. In that case, the plaintiff has four (4) years after the date the medical mistake occurred. If the plaintiff is under 18, their case must be filed within at least eight (8) years of the date but not beyond their 22^nd birthday. In either case, you have ample time to bring the negligent medical personnel or medical facility to task and get the compensation you deserve and need.

Whether you are suffering from the results of medical malpractice or acting on behalf of someone who has fallen victim to one, you need aggressive legal representatives in your corner. The attorneys at the Law Offices of Robert T. Edens have more than two decades of experiences representing clients who have suffered because of a doctor, nurse or hospital’s neglect.

Personal Injury Attorney

To ensure you have a solid case, we will analyze all medical documentation pertaining to the case and consult with experts before coming up with a plan of action to present in court. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois so you can get in touch with us today.

March 9, 2020February 7, 2023

Don’t Let Aged Relatives Suffer in Silence! What You Need to Do to Prove Nursing Home Abuse

When you place your elderly parents in a nursing home, you do so with peace of mind they will be taken care of as their mental/physical faculties fail. That is the duty of care these facilities have to uphold according to the law and if they neglect this law, they can be held accountable for their actions.

Unfortunately, these cases are more common than we realize because most care facilities are understaffed and many don’t screen employees before hiring them. As a result, the elderly and helpless residents get stuck with caregivers who are not experienced enough to take care of their unique needs, leading to serious injuries and neglect.

However, this does not excuse the degree of care nursing homes should maintain as according to the law. Any breaches in that care can be held up in court and the facility can be sued for damages. There are several legal ways you can prove nursing home facilities are guilty. You will need to prove:

The nursing staff breached their care contract by violating the duty of care they were supposed to maintain.
The resident suffered under their care.
The nursing home did something they shouldn’t have or failed to do something they should have, resulting in injury or suffering by the resident.
The nursing home failed to monitor staff and provide adequate security to its residents.
The nursing home failed to conduct enough background checks of its staff.
The nursing home staff failed to use equipment appropriately due to lack of training or gross negligence.

If the senior resident has been abused by members of the care facility, you will have to prove the specifics of the harm they suffered. This includes physical/mental pain and suffering, the emotional distress they went through and the cost of the treatment the resident went through to recover from the abuse and neglect.

Some documentation that can prove useful in such cases includes:

Pictures of the bruises and injuries suffered by the resident.
Pictures of the medication that were prescribed or given to the resident.
Diaries maintained by the resident or by their close family members.

Besides compensatory damages, under certain circumstances – the court can also award punitive damages. To really strengthen you case, bring an expert witness in such as a doctor who specializes in treating elderly patients and who can prove the injuries the resident suffered were due to neglect.

Personal Injury Attorney

Elderly parents and grandparents often suffer in silence in nursing homes because they don’t want their families to worry or be a burden. If you think they are behaving differently or appear reserved and drawn in, you should start your investigation ASAP and hire an attorney from the Law Offices of Robert T. Edens. We can give you a free, honest, no-obligation consultation, which can give you a clear picture of your case. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL so get in touch with us today.

March 4, 2020February 7, 2023

How to Prove Negligence for an Auto Accident Claim in Illinois

The Illinois Vehicle Code protects individuals who are injured because of a driver’s negligence. Whether you were injured after getting struck by a speeding car or getting into a fender-bender when a driver rammed into your vehicle while texting, you have grounds for a negligence auto accident claim.

Proving Negligence Post Accident

Of course, you cannot prove the other driver was negligent without evidence and the help of an experienced attorney. A skilled attorney can use the following methods to ensure your best interests are not violated during the case:

By Proving the Driver Committed a Crime – It may sound ironic, but a conviction does not mean the other driver knowingly committed a crime. You will have to prove the defendant broke the law unreasonably, which lead to your injuries.

By Proving the Driver Acted Unreasonably – If you can prove the driver would have acted differently in another similar incident, you may be able to prove he/she acted in an uncustomary way during the accident. In other words, you can prove the accident was their fault because the other driver willingly acted unreasonably.

By Using Testimonies from Eyewitnesses – If someone witnessed the accident at the scene, you can use their testimony to strengthen your claim. It will give the jury and the judge a clear idea of what happened from the perspective of a neutral third party. Your attorney can also use the witness’ perspective to prove how the driver’s behavior was unreasonable.

By Using Expert Testimony – The best way to prove the other driver was negligent and displayed unreasonable behavior is through an expert’s testimony. This individual is qualified to determine what constitutes unreasonable and reasonable behavior standards and how the defendant’s actions differed from the latter.

Modified Comparative Negligence

An auto accident negligence case can backfire if the accident was partially the plaintiff’s fault, which is called modified comparative negligence and it holds that the plaintiff cannot get compensation if their degree of fault is more than 50 percent. If they do receive compensation, it will be reduced according to the degree of fault they hold for the accident.

You can file a lawsuit against the driver who caused your accident whether they were texting, shaving, talking on the phone, or just not paying attention while they were driving. However, proving these actions caused your accident can be a challenge if you don’t know what to look for in terms of evidence.

Personal Injury Attorney

This is where an experienced auto accident attorney from the Law Offices of Robert T. Edens can help. Besides reviewing your case, they will thoroughly go through your medical records, police reports and medical bills before determining the amount you deserve to be compensated for. This includes a detailed analysis of your injuries, the medical tests you had performed and how your injuries prevent you from making a living or cause you emotional distress. We represent clients in Chicago, Waukegan, Libertyville, Woodstock and Antioch, IL, so get in touch with us for a consultation today.

February 21, 2020February 7, 2023

Essential Driving License Phases in Illinois

If you have lived in Illinois for a while, you know how bad the traffic can get – not just on the holidays or on snow days. Aggressive drivers are the norm in Chicago and so are accidents. However, the state also has strict licensing laws, which prevent potentially irresponsible drivers from getting behind the wheel.

This includes teenagers who might want to drive, but are likely to forget safety rules or underestimate hazardous situations. Fortunately, the licensing phases they must go through come with strict regulations, which can curb their excitement and make them responsible drivers. Here are the licensing phases your teenager will have to go through to get a valid driving license.

The Permit Phase

This 9-month long phase is for drivers who are 15. Their driving permit can be revoked if they violate these rules:

They must practice driving for at least 50 hours under the supervision of a parent or any adult who is older than 21 and has a driver’s license
They cannot text while driving or be charged with a DUI during the phase
They always must wear safety belts when they are driving – and this includes their passengers.
The number of passengers should not exceed one in the front seat.
They cannot use a cell phone while driving, except to make emergency calls.

Initial Licensing Phase

After completing the permit phase, drivers who are 16- to 17-years-old must pass the Initial Licensing Phase. This includes the same rules and regulations with a few changes such as:

They must maintain a pristine driving record for six (6) months before they turn 18. If they get a conviction during this phase, that restriction may get an extension.
For the first 12 months of this licensing phase or until the driver turns 18, the number of passengers they can have in their vehicles is limited to a single person who is younger than 20. The only exceptions include a sibling, a stepchild, or the child of the driver. Once this period has ended, the driver can have more than one passenger up front.

There are certain exemptions to these rules, which cover special circumstances.

Personal Injury Attorney

Whether you have a valid driver’s license or not, if you have been hit by a vehicle – you have every right to bring the accused to justice and get the compensation you deserve. Get dedicated auto accident attorneys from the Law Offices of Robert T. Eden in your corner to strengthen your case. We offer legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois.

February 19, 2020February 7, 2023

Injuries at the Gym – Who Is Responsible?

If you are not careful, overzealous exercise regimes can cause injuries. You can overextend yourself or sprain a limb using gym equipment your body is not fit to tackle. These issues are common and your responsibility. However, if you are injured in a fitness center because of an owner’s negligence, you have every right to file for damages, according to the Illinois Premise Liability Act.

As per the law, the owners of a property that is used for commercial purposes must ensure all reasonable safety measures are in place to protect their clients. For gym owners, this means they have to make sure customers are not in danger when they are working out on the premises.

Some of the situations that can put you in unnecessary danger in a gym include the following:

You do not get medical attention following an injury
– If you are injured during a workout, an employee of the gym should immediately treat you with basic first aid equipment and in a competent manner. Failure to do so can put the owners of the gym in legal trouble – especially if your condition worsens because of their negligence.
You are injured because of defective or damaged equipment – Gym owners or managers must make sure workout equipment is in perfect working condition with regular maintenance. If they don’t and the equipment ends up injuring someone, they can be held liable.
You are injured because of another gym member’s negligence – If you are injured because of another gym member’s negligence (if someone dropped a kettle bell on your foot by accident), the individual responsible, as well as the gym, may be held liable. That’s because they failed to provide an environment that could prevent such accidents and failed to remove the individual who made their gym hazardous for other members.

However, if you get hurt at a gym because of your carelessness, the gym cannot be held liable for your injuries. A good example is if you used faulty gym equipment, which was obviously unfit for use and you got injured as a result. According to the law, those actions were out of their control.

When you are working out at a gym, the last thing you may expect is an accident. The gym owners and managers are responsible for ensuring equipment and tools on the premises are fit for use and do not cause injuries. If they do, you can sue them for damages and get compensation you deserve to pay for your medical bills and more. In fact, you can also file a claim if they do not refund you if you cancel your membership within three (3) days after getting it.

Personal Injury Attorney This is where the Law Offices of Robert T. Edens can help you. Our attorneys are available to offer legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois. We have helped numerous clients recover millions in damages and can represent you just as aggressively.

February 10, 2020February 7, 2023

How Parents Are Liable for Their Child’s Injuries on the Road, If Their Child Is a Teen Driver

Most parents don’t realize, or want to believe this, but they can be held liable if their children get injured on their watch. In Illinois, children mean minors younger than 19 years old. Besides injuries, this also includes car accidents caused by said children because of negligence, lack of parental supervision and/or lack of skills.

This can differ from case to case. For example, parents can also be held financially and legally liable if their child is charged with negligent driving while being supervised. The degree of care they should be responsible for can differ from one case to another, according to facts of a case. For instance, if a teen was asked to drive to the store to get groceries or to shop for their clothes, the parents will be charged by police because clothing and feeding the family is the responsibility of parents.

However, if a teenager used the car for his/her own needs and has a driver’s license, the parents will not be held liable. In that case, they are old enough to be charged themselves. Parents who allow their minor children to get behind the wheel without adult supervision will be charged accordingly in the case of an accident and injuries.

In the state of Illinois, teen drivers have to pass through phases to qualify for a driver’s license, which includes the following:

Permit phase – 15-year-old can get an instruction permit via written consent from their parents or legal guardians.

Initial licensing phase – Initial licenses are provided to teen drivers who are 16- or 17-years of age but only those who have fulfilled all the terms needed.

Complete licensing phase – Teen drivers who are 18- to 20-years of age and who have completed the above-mentioned phases can apply for a complete driver’s license.

Like all drivers, teen drivers will break the law if they use their cell phones while driving but not if they are making emergency calls.

If you have been injured because of a negligent driver, whether teenager or older, you deserve compensation under the full extent of the law. This includes holding legal guardians liable for the damages sustained. Rather than facing them yourself, allow the Law Offices of Robert T. Edens to represent you. We offer our legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois and have recovered millions of dollars for our clients.

February 5, 2020February 7, 2023

What to Do After a Car Accident in Illinois

A car accident can throw you for a loop, especially if you or your loved ones are injured. However, you can receive compensation for injuries and damages sustained if you remain calm. Here are some things you can do after an accident to maximize your claim and prevent more injuries.

Help Yourself and Others Involved in the Accident

If you are not seriously injured, help your passengers and yourself by stepping away from the crash site. After that, call 911, inform them of the situation and let them know if anyone is seriously injured. If the vehicles involved in the crash are not seriously damaged, move them to the side of the road to prevent another accident from oncoming vehicles.

Gather Evidence and Information

Once you step out of the car, immediately start gathering evidence or information. According to Illinois law, you need to exchange the following information with the driver of the other vehicle(s):

Names of the drivers and the owners of the car
Home addresses
Telephone numbers
Insurance information
License and registration of the vehicle involved in the accident

File an Accident Report with the Police

Once police arrive at the scene of the accident, they will fill out and create an Illinois Motorist Crash Report by talking to you and other driver(s). Make sure information you give them is accurate. This is necessary because you will receive a copy of the report, which your insurance provider will need to prove your claim.

If police are not dispatched, you can file the report yourself online if the apparent damage amounts to $1,500 or more. However, if one of the drivers does not have insurance, you can report the incident if damages amount to $500 or more.

Heed the Statute of Limitations

According to Illinois law, you have two years to file for damages from the accident or forfeit your right to them. In fact, you can even be charged if you don’t do this – whether you were a pedestrian or if you were riding a scooter, bicycle, motorcycle or car during the accident.

Personal Injury Attorney

However, depending on the vehicles involved in the crash, you may have to contend with different charges. This is where the Law Offices of Robert T. Eden come into the picture. We will have a team of professional and experienced auto accident attorneys working on your case from the time of the accident. We provide legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois. Get in touch with us today for a consultation and get the compensation you deserve.