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Understanding Wrongful Death Claims

Personal Injury AttorneyWrongful death can be devastating for a family. Wrongful death can occur due to medical malpractice, negligence at work, or an accident. All wrongful death claims in Illinois are covered under the Illinois Wrongful Death Act. Damages can be sought for funeral, emotional distress, and any liabilities due because of unforeseen events and death. Considering that wrongful deaths due to medical malpractice, drunk driving, or inability to provide safety by employers are common, the next of kin or dependents can file a lawsuit by consulting an experienced personal injury attorney.

Filling a Wrongful Death Claim

A wrongful death claim can only be filed by an adult child, next of kin, spouse, or a parent of a minor child within one year of the event. In the absence of an estate plan or will, courts can provide a personal representative who will process all wrongful death claims on behalf of the family or relatives. Because a wrongful death claim is classified as a civil lawsuit and not a criminal lawsuit, only monetary damages can be recovered, but a criminal court case can be sought by the federal and state court or enforcement agencies if admission of guilt can result in a conviction.

Collecting Damages

The following monetary damages can be collected by a next of kin:

  • Future wages that could have been earned to support the family,
  • Emotional damages related to grief or sorrow. Emotional distress can cause trauma, depression and anxiety. Also, recovery of expenses in relation to medical treatment can also be sought. A complicated grief can cause deep sadness and bitterness towards others, also leading to social isolation.
  • In case there are no immediate kin or relatives to disburse damages, medical bills related to hospitalization and surgical services can be paid to the individuals who were present with the deceased individual.

Wrongful Death due to Medical Malpractice

It is possible to make both the doctors and the hospital liable for wrongful death due to medical malpractice. If the deceased does not have a next to kin, a probate court appoints a legal representative to manage the case. Medical bills, some loss of earnings, funeral and burial costs and possible loss of support damages can be recovered.

Personal Injury Attorney

If you wish to find out more about wrongful death claims and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Back Pain and Injuries after an Auto Accident

Personal Injury AttorneyThere were a total of 4.5 million car injuries recorded by the National Safety Council in 2018, while there were 40,000 deaths due to auto accidents alone. Every 7 seconds, someone gets injured across the United States, making it the biggest safety hazard.

Back injuries are one of the most critical injuries due to auto accidents. According to the Mayo Clinic, auto accidents can lead to more than 40 percent of spinal cord injuries, while the Journal of the American Osteopathic Association estimates lost productivity of more than $100 billion every year. If you suffer from a back injury from an auto accident, you will have 10 days to report an auto accident, or file a car accident under the Illinois Compiled Statutes (ILCS) 625 ILCS 5/11-406 Duty to report accident. An experienced personal injury attorney can be consulted to help make auto accident claims, and seek damages and medical expenses.

An auto accident can lead to following back pain or injuries that need immediate attention and care.

Spinal Cord Injury

The damages done to the nerve or spinal cord can lead to changes in the ability to hold objects or feel sensation in body. It can lead to both temporary and permanent disabilities. In a complete injury, the nerves lose ability to feel any sensation, while in an incomplete injury, there is some sensory function possible. Severe damages can lead to Paraplegia and Tetraplegia.

Discogenic Back Pain

This condition originates due to a damaged vertebral disc and can happen irrespective of a person sitting, lying down, or standing. It’s a form of shooting pain that moves across your body. The pain is hard to identify and needs careful assessment by a physician.

Lumbar Sprains and Spinal Stenosis

Lumbar sprain due to a car accident or from holding heavy objects occurs when the tissues that hold our bones together detach or damage. It’s also the most common cause of back pain. On the other hand, spinal stenosis occurs when the small spinal canal that connects our spinal cord and nerve roots gets compressed leading to a pinching pain, weakness or cramping.

Apart from back pain and injuries, auto accidents can also lead to trauma and emotional distress. Emotional distress can cause loss of focus and for many, be a primary reason for long term depression and anxiety.

Personal Injury Attorney

If you wish to find out more about workers’ compensation and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Auto Accidents Due to Driving Under Influence

Personal Injury AttorneyDriving under influence is one of the single biggest contributors to auto accidents and subsequent personal injuries, which may also lead to death. In various reports, the Center for Disease Prevention and Control (CDC) has highlighted one death every 48 minutes – or 28 percent of all traffic deaths, were due to driving under influence, with total crashes costing the U.S. economy more than $44 billion in 2016. Also is 2016, a million drivers were arrested and fined for driving under inference of alcohol and various other drugs. Apart from alcohol and drugs, the use of marijuana while driving continues to rise, leading to a 25 percent higher risk of road accidents.

Considering the fact crashes happen often and because there are strict laws – which may result in a jail sentence, suspension of license or fines – consult a competent personal injury attorney to help your case. Likewise, if you’ve been injured in an auto crash due to driving under the influence and need to recover medical costs, or need legal advice for a potential lawsuit, call a personal injury attorney.

Effects of Alcohol on Driving

Consuming alcohol reduces muscle coordination, leads to impaired thinking and has negative effects on the nervous system. It also reduces the ability to focus on a task, making it a risk to roadside safety. Although some use of alcohol may be permitted, it is strictly advised not to drink before a long journey, or under distressed weather. According to the National Highway Traffic Safety Administration (NHTSA), a Blood Alcohol Concentration (BAC) of 0.08 can increase the risk of a crash and subsequent auto accidents. It is illegal in all states, including Illinois, leading to heavy fines of up to $25,000, three (3) to seven (7) years of jail term, suspension of license for 10 years and considered a felony if found guilty on multiple occasions.

Ways to Prevent Driving Under Influence

Following proactive steps can reduce the risk of crashes and subsequent legal action when driving under influence, such as:

  • Arrange a taxi, carpool, or a different mode of transportation after drinking at an event or gathering,
  • Choose a sober driver beforehand to transport drunk individuals to their residence,
  • Always wear seatbelts when driving,
  • Never drive immediately for long distances after an episode of drinking,
  • Drink responsibly and refrain from using excess drugs before driving,
  • Engage in alternative beverages that are non-alcoholic such as soda, coffee and water,
  • Seek rehabilitation to stop future episodes of drinking.

Personal Injury Attorney

If you wish to find out more driving under influence, auto accidents, and unusual injuries in Illinois schedule a free consultation contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Returning to Employment after a Traumatic Brain Injury

Personal Injury AttorneyVarious traumatic brain injuries can result in permanent brain damage that can bring an end to the careers of those affected. Even if the injury was not serious and an individual was able to recover to rejoin their workplace, many obstacles remain. A traumatic brain injury can lead to confusion while thinking and make it impossible to respond to complex situations. Issues with mobility, environment and social pressure may make it difficult for individuals to return to work.

However, because a brain injury is a form of disability, the rights of an affected individual are covered by the Americans with Disabilities Act (ADA), which requires employers to provide individuals with the opportunity and environment to rejoin the workforce in a respectable manner.

If you looking to rejoin the workplace, or seek compensation for personal injuries and job loss due to a traumatic brain injury that occurred while performing your professional duties, consulting a competent worker compensation and personal injury attorney can help expedite the process of recovering compensation for medication treatment, or help rejoin the workforce by seeking equitable opportunities with employers.

Tips to Rejoin Workplace

Rejoining, or applying at a new employer can be a daunting task for those suffering from traumatic brain injuries. It is important to not only ensure individuals are taking their medications but have also gone through a rehabilitation process that helps increase their confidence and adaptability to a new environment. It is increasingly important for those who wish to rejoin the workforce after a brain injury caused long-term disability or paralysis. As outlined by the Brain Injury Association of America (BIAA), the following tips are important for patients:

  • Engage in routine medical checkups and counseling sessions,
  • Talk to your supervisors and managers about available opportunities before rejoining the workforce and seek appropriate working conditions when hired,
  • Resume work gradually, work for shorter hours and take a different role from the previous one where the injury occurred – it will reduce the risk of trauma and feelings of anxiety while performing your job.
  • If you are rejoining the employment sector after a considerable break, seek Vocational Rehabilitation Services – it helps find appropriate work and gives approval from neuropsychologists and physicians to return to work.
  • Seek employment support from work coaches and local disability employment advisors as they assess employability and suggest relevant jobs based on previous work experience, skills and interests.

Personal Injury Attorney

If you wish to find out more about traumatic brain injuries and worker compensation in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Understanding Elder Abuse as Part of Nursing Home Negligence

Personal Injury AttorneyAccording to the World Health Organization (WHO), 1 in 6 people aged 60 or older experienced nursing home negligence, or abuse at a community setting across the globe. In 2017, 2 out of 3 staff members in many of the nursing home, long-term rehabilitation or care centers admitted committing some form of abuse, which lead to both serious injuries and traumatic consequences for their patients. Considering our population of elders can reach 2 billion by 2050, it is important to understand what elder abuse is and how we can protect our loved ones in nursing homes and care facilities.

According to the Illinois Nursing Home Care Act, all residents in a nursing care facility should be made aware of their rights and all staff should adhere to policies their administrators provide to ensure no violations happen. If a guardian or spouse observes neglect or abuse, they should immediate seek an explanation and seek compensation for damages or possible death. Contacting a competent personal injury attorney can help navigate the complex process and file applicable lawsuits against the nursing home facility.

Some possible types of elder abuse that need careful observation include:

Financial Abuse

Financial abuse includes forcing elders to sign contracts, wills, using their financial information, and processing unlawful payments without their consent. Because many elders may find it difficult to read, write, or see properly, their information can be used to process someone else’s security benefits. Any abrupt change in financial assets or will, unexpected use of credit cards, increase in unpaid bills or unexpected transfer of funds should be investigated.

General Neglect

Neglect is the failure to fulfill the needs of an individual, or intentionally refusing to provide services. It also can include refusal to provide medication, water, food, clothing, comfort and safety on time or when asked. Irregular dehydration, lack of hygiene, malnutrition and unclean living conditions are other signs of neglect. At times, staff assigned to an elder can also abandon or desert their duties or refuse to perform them.

Abuse

Elders may also be subject to physical abuse, sexual abuse and psychological abuse. Elders might face verbal abuse, insults, forced labor, harassment and humiliation from staff. A nursing home can also refuse to provide elders with mental health services when asked, leading to trauma, stress, anxiety and refusal to communicate.

Personal Injury Attorney

If you wish to find out elder abuse at nursing homes and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Protection from Wrong-Way Auto Accidents

Personal Injury AttorneyEach year in the U.S., 300 to 400 people die in auto accidents due to wrong-way driving. Many of these wrong way auto accidents are either high-speed sideswipe crashes or head-on collisions. Wrong-way driving (WWD) auto accidents happen when a vehicle driving is travelling in the opposite direction of traffic on either highways or ramps and collide with a vehicle that is legally and properly travelling the right-of-way. Because these crashes can lead to death and severe personal injuries with long term disabilities and brain damage, it is important for all drivers to be aware of the Federal Highway Administration laws and consequences that can be applied.

If you suffer from a personal injury due to wrong-way driving, be aware of your rights and seek consultation from expert personal injury attorneys to help you claim auto insurance and medical treatments you had. As a driver, stay vigilant and use the following tips to protect yourself from wrong way auto accidents.

Main Causes

Wrong-way auto accidents can be caused by driver negligence or from mistakes because signage does not indicate an entrance or exit ramp to the highway. Driver mistakes also are a factor and include driving under influence of drugs or alcohol, using mobile phones or texting, lack of visibility and distracted driving. It is also possible to engage in wrong way driving due to incomplete infrastructure or poor visibility of ramp signs. Cloverleaf ramp designs usually confused drivers who are entering and exiting highways.

Preventive Measures

The best way to reduce the risk of wrong way driving accidents is to anticipate what’s ahead by looking beyond the first line of cars. Other preventive measures include:

  • Using blinkers to alert drivers on which lane you will be moving to if you see wrong way driver approaching,
  • Moving your car to the right lane as soon as you spot a wrong way driver approaching,
  • Ensuring you have on seatbelts and your airbags are in working condition to protect yourself from collisions,
  • Calling law enforcement in case of an accident and record the event for auto insurance compensation and processing.

Personal Injury Attorney

If you wish to find out more about auto accidents and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Helping Night Shift Workers Prevent Auto Accidents

Personal Injury AttorneyLack of sleep and inability to concentrate can have a significant impact on the ability of individuals to work efficiently. Not only can it lead to injuries, but it can also be life-threatening – especially for bus drivers, transportation workers and employees commuting to their night shift workplace. Even though there is 60 percent less traffic at night, 40 percent of all vehicle crashes happen at night. Many accidents are due to the disruption caused by circadian rhythm, where our body responds to sleep at night.

Injuries caused to employees while working on night shifts are covered by the Workers’ Compensation Act. However, compensation is exempt in instances of driving under influence, causing injury while speeding, and irresponsible behavior. Claiming compensation will require evidence gathering and filing a compensation form, which a competent personal injury and worker’ compensation attorney can help with.

The Primary Reason for Auto-Accidents

Working overnight can have a significant impact on an individual’s sleep pattern. If a person is sleep-deprived, the following causes can lead to an auto accident:

  • If a driver has compromised night vision, they are more susceptible to an auto accident.
  • As National Safety Council (NSC) highlights, 60 percent of all adults drive when sleepy, while more than 103 million have been found sleeping at the wheel. Drowsy driving or driving under fatigue has led to more than 100,000 annual crashes.
  • If a driver is impaired and has been using drug or alcohol, the driver has a high chance of being involved in an accident between midnight and 3 a.m.
  • Asking drivers to make delivers or transport goods under short deadlines.

Prevention Tips

Considering the high number of accidents that happen at night, it is important to provide shift workers with policy manuals and training to help manage their routine. Some ways to limit auto accidents for 3rd shift workers include:

  • Limit the number of night shifts or provide regular day-offs, if applicable,
  • Avoid hiring night shift employees that have a long commute,
  • Ensure your workplace is brightly lit,
  • Ensure vehicles used by night shift workers have working headlights and is free from mechanical issues,
  • Drivers should clean their windshield, wear glasses if required, and dim their dashboards,
  • Limit the use of caffeine at the start of your shift to avoid trouble sleeping at home,
  • Make regular sleep and wake up schedules,
  • Refer to a physician if symptoms of severe headache, insomnia, lack of energy is observed.

Personal Injury Attorney

If you wish to find out more about auto-accidents at night and unusual injuries in Illinois, schedule a free consultation by contacting the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Birth Injuries and How They Relate to Medical Malpractice

Personal Injury AttorneyThe United States continues to rank high in birth defects and injuries due to medical malpractice or negligent care. One in every 33 children is affected by a serious birth defect, leading to either temporary or permanent disabilities. In accordance with the Illinois Codes of Civil Procedure, birth injuries due to medical malpractice can be brought within eight years after identifying an injury to a child. A suit can only be filed after relevant proof is provided in court, such as fetal monitoring strips, medical records, ultrasound records and interviews with primary physicians.

Common Causes of Birth Injuries

Apart from the health and activity of a mother, medical malpractice is one of the biggest causes of birth injuries across the United States. Some common causes include:

  • Improper administration of medication to fight infections for both mother and fetus,
  • Improper medication route and prescription during pregnancy or delivery,
  • Inappropriate forceps delivery process, which leads to temporary weakness, brain injuries, bleeding and seizures to both mother and baby,
  • The inability of medical practitioners to perform a timely C-section,
  • Failure to use the right surgical instruments,
  • Inability to follow appropriate procedures and failure to provide oxygen to the baby.

Common Birth Injuries

Birth injuries during labor or delivery can lead to serious temporary or permanent disabilities to the child. Common disabilities include visual impairment, autism, learning disabilities and Attention-Deficit/Hyperactivity Disorder (ADHD) due to either genetic characteristics or brain damage. Many birth injuries are not immediately visible and a baby may take years to show any symptoms of injuries which impair their everyday life. In case of a birth injury due to medical malpractice during childbirth, parents should consult a competent personal injury attorney to ensure fair compensation is received for both medical expense and long-term health disabilities.

Some common and known birth injuries include:

  • Cerebral Palsy, which affects children due to brain damage. It causes stiffness of muscles, imbalance of eye muscles and posture, involuntary movement of muscles while walking or standing and difficulty swallowing,
  • Erb’s Palsy – also known as brachial plexus birth palsy, affects the mobility of an infant’s shoulder and neck due to birth complexities, causing weakness of arm and partial episodes of paralysis. It can also cause cranial nerve damage to a baby,
  • Other major injuries – such as lung damage, bleeding in skull and forceps, skin and tissue inflammation, skull fractures and paralysis.

Personal Injury Attorney

If you wish to find out more about birth injuries due to medical malpractice and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Major Components of Premises Liability

Personal Injury AttorneyIt is highly likely we may suffer an injury due to defects or unsafe conditions found on a particular property, whether it be a workplace or personal property. A premises liability covers any such falls or injuries that are a direct result of someone else’s negligence. Usually, the property owner or the individual responsible for its maintenance is made liable when it comes to insurance or compensation claims. Considering that fact that every incident and negligence needs careful review before a claim is filed, it is a wise practice to seek support from a skilled personal injury attorney who specializes in processing premises liability claims.

What is the Property Owner’s Duty of Care?

The property owner has a duty of care for both the licensees and invitees. For a property owner, a licensee is anyone who is given permission to enter the property for their own purpose, while an invitee can be either a neighbor, business contact, friend, or family member having permission to enter. Although the property owner is not obligated to show care towards a trespasser, they are still required to ensure no harm is done due to owner’s negligence to anyone present on their property. No claims can be filled if the trespasser was a child.

Highlighting Dangerous Conditions

According to the Premises Liability Act, dangerous conditions involve negligence or known errors that cause injury. If an invitee or licensee gets injured, they will have to prove the owner of the property knew about its dangerous conditions, or failed to rectify issues, leading to a possible and present injury. Some examples of dangerous conditions include:

  • Any premises with a loose or broken ceiling,
  • A slippery, oily, or wet floor,
  • Damaged steps,
  • Poor electrical wiring, and absence of ventilation,
  • Inadequate building security leading to an assault, theft, or death,
  • Swimming pool related injuries to children and adults due to unsecured or unguarded premises,
  • Spillover of chemicals and hazardous material during construction work or normal work process.
  • Dirty or unpaved off-road riding facilities.

Expected Compensation

According to the Premises Liability Act, a premises liability claim can help in overcoming medical bills for treatment of injuries, as well as recovering lost wages or salary due to the absence of work. The insurance provider of the property owner usually covers the compensation amount owed to the licensee or invitees.

Personal Injury Attorney

If you wish to find out more about premises liability and compensation claims in Illinois, schedule a free consultation by contacting the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

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Traumatic Brain Injuries due to Auto Accidents

Personal Injury AttorneyTraumatic brain injuries that include concussions are one of the largest causes of death in the United States. According to reports filed by the Centers for Disease Control and Prevention (CDC), motor vehicle accidents are the second leading cause of traumatic brain injuries leading to both hospitalization and death.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBT) or concussion can lead to possible brain damage, which eventually leads to permanent disability, internal bleeding, change in human behavior – and even death. It usually happens during an auto accident when the brain moves back and forth in rapid succession. It can have both short- and long-term effects on the functioning of the brain, leading to loss of confidence and self-esteem and skull fractures. In some cases, concussions due to car accidents can lead to a coma, which can last from a few hours, days or even months. Because insurance companies might refuse to process claims against concussions, a competent personal injury and auto accident attorney can help you with financial recovery – not just for the medical bills, but for possible auto repairs as well.

Possible Symptoms of Traumatic Brain Injury

Although there may be immediate symptoms visible when a concussion occurs, many patients might feel signs of possible trauma in the future. You might be suffering from a traumatic brain injury if you develop the following symptoms:

  • Consistent confusion in identifying individuals and objects,
  • Loss of sight or blurred vision,
  • Constant headache and short term memory loss,
  • Fatigue and dizziness,
  • Inability to sleep,
  • Change in personality or possible aggressive behavior,
  • Recall of accident memory and anxiety.

Future Implications of Traumatic Brain Injury

In the short term, it is possible injuries due to an auto accident may lead to the inability to track objects with the eyes, with severe or endless headache and migraine. In case of severe brain injury or internal bleeding, individuals might get permanent disability or paralysis. Individuals recovering from a concussion may find it difficult to concentrate on a single task or perform high-intensity tasks that require the use of brain or strength. If an individual is suffering from Post-Concussion Syndrome, they might feel cervical pain and might find it difficult to drive again.

Personal Injury Attorney

If you wish to find out more about personal injuries due to car accidents in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.