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What To Do If You Are Involved In A Hit And Run Auto Accident

Hit And Run Auto AccidentAuto accidents are a common occurrence in the United States. On average, more than 6 million auto accidents take place around the U.S. in different states every year. According to a report published by the National Highway Traffic Safety Administration, more than 27,000 fatalities caused by an auto accident were recorded in the first 9 months in 2018.

While most car accidents don’t result in fatalities, auto accidents account for other types of injuries and property damage. If you ever have the misfortune to be involved in a hit and run auto accident, then there are particular measures you can take to protect yourself and your interests. Here is a short list of things you should do if you’re involved in a hit and run auto accident.

Call 911

Your first response after a hit and run auto accident is to call 911 and talk to a dispatcher. Request an ambulance if you or anyone else was injured. If you’ve seen the other driver and you’re able to recall the vehicle type, make and other details, share it with the dispatcher. Try to recall as many details as possible, staying calm and focused is crucial. The information you shared on your 911 call will prove as key evidence for your hit and run case in court. If you did not make a 911 call, It’s essential to report your crime to the police. Make sure to speak to a skilled hit and run accident attorney or a police officer.

Get an Estimate of the Damage

Hit and runs occur when another driver hits your car and then flees the scene of the accident. It can happen on the road, the parking lot, or any other location. If you’re involved in a hit and run accident, make sure to get an estimate of the damage to your vehicle. If you or other passengers travelling with you suffered injuries, they should be accounted for in the accident. Talk to an experienced personal injury attorney to sort out evidence collection and estimate damage.

Check if Anyone Saw the Hit and Run

Find out if there were any witnesses to your hit and run case. There must be someone who saw the accident. The police could help in the investigation. A skilled attorney will help you use the witness’s testimony to your advantage.

Personal Injury Attorney

If you wish to find out more about this topic or 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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Elements of a Negligence Case in an Auto Accident

What is an Element?

Auto accidents are distressing and become even more challenging for the plaintiff to win a negligence lawsuit following an unfortunate auto accident. It’s essential for any plaintiff to prove every single “element” that represents and proves the negligence of the defendant.

Elements that Need to be Satisfied

In order to hold the defendant liable, it becomes necessary to prove these following elements to get compensated for your injuries and vehicle damage. Here are the basic elements a judge or a jury would need to satisfy, apart from testimony and evidence when deciding on a verdict in a negligence case in an auto accident.

  • Duty of care
  • Breach of Duty
  • Cause in Fact
  • Proximate Cause
  • Damages

 Duty of Care

Duty is the first of the five elements that needs to be satisfied to prove negligence on part of the defendant. An experienced auto accident attorney will help determine the outcome of the negligence case by proving the defendant owed a duty of care to the plaintiff. Driving laws in Illinois indicate all drivers owe a duty of care to all other drivers on the road to be safe, drive carefully and lawfully and to abide by traffic rules at all times.

Breach of Duty

Once the duty of care has been satisfied, it’s essential for the jury and judge to satisfy the breach of duty element. The plaintiff and their experienced auto accident attorney have to prove the defendant was in breach of duty as the individual drove aggressively and did not abide by traffic rules, hence breached the duty of care.

Cause in Fact

The cause, in fact, is also termed as “but-for” causation. It indicates the defendant’s actions led to the injuries and vehicle damage of the plaintiff. If the defendant actions were prevented, or if the defendant did not act the way he/she did, then the plaintiff would not have suffered any injuries in the resulting auto accident.

Proximate Cause

Proximate cause is related to the actual scope of the responsibility, which falls upon the defendant in an auto accident negligence case. The defendant is only held responsible for the harm and damage they could have foreseen through their actions.

Damages or Harm

Another element a judge or jury need to satisfy is ‘damages’ you or your loved ones have suffered if you were involved in an auto accident. These damages will include any loss of life, severe or minor injuries and damage suffered by vehicle and other personal property.

Personal Injury Attorney

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with a skilled auto accident attorney.

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Elements of a Negligence Case in an Auto Accident

What is an Element?

Auto accidents are distressing and become even more challenging for the plaintiff to win a negligence lawsuit following an unfortunate auto accident. It’s essential for any plaintiff to prove every single “element” that represents and proves the negligence of the defendant.

Elements that Need to be Satisfied

In order to hold the defendant liable, it becomes necessary to prove these following elements to get compensated for your injuries and vehicle damage. Here are the basic elements a judge or a jury would need to satisfy, apart from testimony and evidence when deciding on a verdict in a negligence case in an auto accident.

  • Duty of care
  • Breach of Duty
  • Cause in Fact
  • Proximate Cause
  • Damages

Duty of Care

Duty is the first of the five elements that needs to be satisfied to prove negligence on part of the defendant. An experienced auto accident attorney will help determine the outcome of the negligence case by proving the defendant owed a duty of care to the plaintiff. Driving laws in Illinois indicate all drivers owe a duty of care to all other drivers on the road to be safe, drive carefully and lawfully and to abide by traffic rules at all times.

Breach of Duty

Once the duty of care has been satisfied, it’s essential for the jury and judge to satisfy the breach of duty element. The plaintiff and their experienced auto accident attorney have to prove the defendant was in breach of duty as the individual drove aggressively and did not abide by traffic rules, hence breached the duty of care.

Cause in Fact

The cause, in fact, is also termed as “but-for” causation. It indicates the defendant’s actions led to the injuries and vehicle damage of the plaintiff. If the defendant actions were prevented, or if the defendant did not act the way he/she did, then the plaintiff would not have suffered any injuries in the resulting auto accident.

Proximate Cause

Proximate cause is related to the actual scope of the responsibility, which falls upon the defendant in an auto accident negligence case. The defendant is only held responsible for the harm and damage they could have foreseen through their actions.

Damages or Harm

Another element a judge or jury need to satisfy is ‘damages’ you or your loved ones have suffered if you were involved in an auto accident. These damages will include any loss of life, severe or minor injuries and damage suffered by vehicle and other personal property.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with a skilled auto accident attorney.

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An Overview of Medical Malpractice Laws

Medical Malpractice LawyerUnder the state of Illinois Law, a doctor or a health care professional will be committing medical malpractice if they are in breach of an established standard of care while providing medical treatment to their patient, which causes a serious injury or could result in a fatality. The term “standard of care” indicates the set of various medical standards and treatment practices any medical professional would rely on while treating patients under similar circumstances.

How to Determine Malpractice

You will need the services of a skilled medical malpractice attorney to help determine various factors which have led to the malpractice and caused you an injury. In a medical malpractice case, it’s essential to determine:

  1. The age of the patient who suffered an injury or fatality
  2. The condition of the patient while seeking treatment
  3. The condition of the patient before treatment

A violation of any standard of care will be known as medical negligence, which has caused an injury, the plaintiff in such a case has to prove the injury they suffered was indeed caused by negligence and malpractice of the doctor.

 The Common Types of Malpractice

The common types of medical malpractice are:

  • Misdiagnosis/Delayed diagnosis
  • Anesthesia errors
  • Surgical errors
  • Prescription drug errors

Misdiagnosis

Misdiagnosis is the most common type of medical malpractice, where a doctor or a health care professional will tell a patient they have a particular condition, but in reality, they are making an incorrect diagnosis. The most commonly misdiagnosed diseases include infections, cancer, heart attack, blood clotting in the lung and heart diseases. Misdiagnosis can occur with complex conditions because a patient may not always realize all the symptoms which cause a particular disease. Because the doctor has been spending time treating the wrong conditions, these consequences can be life-threatening and even fatal.

Delayed Diagnosis

Delayed diagnosis is similar to misdiagnosis. In this situation, doctors initially make a wrong diagnosis, but the patient eventually does receive the right diagnosis.

Anesthesia Errors

These errors are comparatively rare, but can be more perilous than other medical malpractices. Even a small error by the anesthesiologist can result in lasting injuries, brain damage, or even death. The usual reasons for malpractice by the anesthesiologist include failing to examine the medical history of the patient, or failing to notify the patient about essential preoperative actions. If you have suffered any kind of medical malpractice, make sure you discuss everything with your malpractice attorney.

If you wish to find out more about this topic or 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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What to do if You Suffer A Personal Injury While on Vacation

Personal Injury Attorney

Vacation is a time for relaxation, soul searching, escaping your routine life and going on an adventure. However, misfortune can happen anywhere, at any time. If you or your loved one suffers an injury on vacation, it can turn into a problem. Depending on the type of the accident, some of these injuries can be serious or minor. When you are injured in another state, you have to think about your next step wisely.

A skilled personal injury lawyer can help you sort out your options and help you file a personal injury case against the alleged people responsible. To protect your interests and rights, here’s what you need to do if you are injured while on vacation.

Notify your Attorney About the Accident

If you or your loved one suffers an injury during your vacation, the first thing you should do is talk to your family members, then contact your attorney and discuss your unfortunate incident in detail. Mention the location where the accident occurred, whether it was a hotel, a restaurant, a theme park, the beach, road or a busy shopping district. Also, contact the local authorities to inform them about your injuries and tell them how and where it happened.

Document the Entire Scene

Most everyone has a cell phone, which can come in handy if you are injured while on vacation. Record the incident and your injuries on your smartphone or your camera. The footage and the photo evidence can help an experienced attorney to come up with a strong personal injury case.

Visit the Emergency Room

After you’ve suffered an injury while on vacation, it’s essential to visit the emergency room and get yourself checked by the doctor. The report and detailed medical analysis will help determine the impact of your injuries and their long-term effects. An experienced attorney will help you establish a strong personal injury case when you suffer from severe injuries.

Collect as Much Information as You Can

In any type of personal injury, it’s essential to collect as many facts as possible about the events that led to the accident. Determine the time of the accident, the people involved, vehicles involved, along with their direction and speed of the. Discuss the facts with a skilled personal injury lawyer today.

Personal Injury Attorney

If you wish to find out more about this topic or 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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What to do When you are Involved in an Auto Accident

Auto Accident AttorneyFact Finding in an Auto Accident

Accidental car crashes are more common than we would like to think. Each day, hundreds of people are injured and vehicles suffer damage in various accidents. After every auto accident, the first question on everyone’s mind is: What do I do now? If you are involved in an accident, the first thing you need to do is call the police and tell the officer about the incident. Some of the facts that would help you file a case for damages and determine contributory and comparative negligence are:

  1. The location of the accident
  2. The number of lanes
  3. The speed of all vehicles involved
  4. Travelling direction
  5. The condition of the road
  6. Place of impact on each vehicle involved
  7. The driver and the number of passengers in each vehicle
  8. The nature of the damage to the vehicle
  9. The nature of passenger and driver injuries
  10. Owner of the vehicles

These facts are just a few of the several facts you would need to make a strong personal injury claim after a car crash. A prominent personal injury attorney will help you find these and other facts related to your case. 

Determine Negligence in an Auto Accident

Negligence is a term used to determine and characterize actions that establish an arbitrary risk of harm to others. If the injuries and vehicle damage you endured was caused by the other party’s negligence, then they are legally responsible for paying your damages, including coverage for your personal injury. This is the reason why most people are looking for skilled auto accident attorneys to help determine negligence or fight negligence in case you are wrongfully accused of an accident. After the accident, the plaintiff has to prove the following facts to get compensation for alleged negligence by the defendant:

  1. The accident led to a serious injury or to expensive and hard to repair damage to vehicle or property
  2. Aggressive or odd behavior of the defendant led to the accident
  3. The defendant failed to act in a reasonable manner while driving
  4. The treatment for injuries and the repairs on the vehicle were mandatory
  5. Long-term implications of the injury caused by the accident due to the rash and unreasonable acts of the defendant.

A veteran auto accident lawyer will be able to extract evidence, collect facts and prepare witnesses, which is fundamental to institute a liability to seek lawful compensation for damages. Lastly, they will warrant your legal rights and best interests are secure during the trial.

Personal Injury Attorney

If you wish to find out more about between hidden dangers of speeding or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

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Hidden Dangers of Speeding

Auto Accident AttorneyPeople often underestimate the risks of speeding and drive faster than the posted speed limit, which reduces their ability to control their vehicle, as well as decreases their reaction time, leading to accidents. As per the statistics available on the NHTSA website, 9,717 people in the U.S. lost their lives due to speeding in 2017 alone. Speeding not only puts the driver’s own life in danger, but also endangers the lives of fellow occupants, other drivers on the road and pedestrians.

Why Do Drivers Speed and Why Is It Dangerous?

There are numerous reasons why a driver may choose to drive faster than the posted speed limit. They might be running late for work, or other commitments. They may be distracted by using a cellphone, or perhaps they are driving under the influence of alcohol or drugs, which may impair their ability to understand the speed they are driving. Speeding puts everyone at risk by:

  • Reducing the reaction time
  • Increasing the risk of losing control
  • Reducing the safe distance
  • Increasing the chances of severe injuries
  • Increasing the probability of fatality

Do I Have A Claim?

Every individual driving their vehicle on the road has a legal obligation to operate their vehicle in a reasonable manner and follow traffic guidelines to ensure the safety and well-being of everyone sharing the roadway. Therefore, if you have become a victim of an auto accident due to negligent driving of someone else, especially speeding, you may hire an experienced auto accident lawyer and initiate legal action.

Do I Need A Lawyer?

Having a solid legal representation can be pivotal to the success of your accidental claim. A competent auto accident lawyer will establish facts and gather evidence, allowing them to devise a strong case in your favor. This will enable you to seek rightful compensation for your loss and sufferings.

Your auto accident lawyer will be able to evaluate the worth of your case, preventing you from settling for lower compensation. This will help you to seek maximum damages for medical bills, lost wages, lost earning capacity, loss of consortium, among others.

Personal Injury Attorney

If you wish to find out more about between hidden dangers of speeding or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

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Difference Between Wrongful Death and Accidental Death

Wrongful Death AttorneyWhen an individual loses their life in an accident, it is critical the surviving family members obtain an understanding of their legal rights. If they were financially dependent on the decedent, it is crucial for loved ones to know their rights and initiate legal action by hiring a personal injury lawyer. However, not every accident warrants legal action and it is extremely important to learn the difference between wrongful death and accidental death.

Difference Between Wrongful Death and Accidental Death

In an event where death is classified as an accidental event, no party is held responsible and consequently, there is no valid legal claim to pursue. However, if the same accident occurred due to the negligence of another, then it is considered a wrongful death. It is the deliberate harm or negligence that sets wrongful deaths apart from incidents that are truly accidental.

For instance, if a child is a victim of an auto accident by suddenly running in front of the vehicle, it will be considered an accidental death, provided the driver was driving their vehicle safely and taking all necessary precautions of road safety, such as paying attention to the road, not driving under the influence of alcohol or drugs and driving under speed limit, among others.  As unfortunate as this event might be, the driver may not have sufficient distance to apply brakes and avoid the incident.

On the other hand, if a driver is not following traffic laws and driving irresponsibly, for example, texting while driving, DUI, or driving recklessly, loses control of their vehicle, swerves off the road and strikes a child who is playing in their yard, then it will constituted a case of wrongful death. In such an instance, the driver will be deemed completely responsible for the death of the child. This example is not only applicable for cases involving children. Any individual who is not at fault and suffers from an accident, due to the negligence of someone else, which leads to their demise, is considered a victim of wrongful death.

Should You Hire A Lawyer?

If you suffered a loss of your loved one and are seeking justice, it can be highly beneficial to procure services of an experienced personal injury lawyer. Your attorney will investigate the facts of the case, look into circumstances and help you to understand whether you have a valid claim to pursue.

If the accident was caused due to the negligence or misconduct, your personal injury lawyer will set the wheels of justice in motion by devising a strong case in your favor, allowing you to seek rightful damages for your loss and sufferings. Though the monetary compensation will not bring your loved ones to alleviate your pain, it can help you to navigate through the tough period.

Personal Injury Attorney

If you wish to find out more about the difference between wrongful death and accidental death or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

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Auto Accidents: Tips to Avoid Aggressive Drivers

Auto Accident AttorneyUnfortunately, aggressive driving is prevalent around the world and the U.S. is no exception. Aggressive drivers not only endanger their own lives, but also risk the lives of other drivers and pedestrians on the road. Though it is not possible for you to control their actions, you can exercise caution on the road to avoid becoming a victim of their reckless and irresponsible driving. Here are some tips to help you avoid aggressive drivers and prevent accidents on the road.

Stay Calm – Many people who face an aggressive driver on the road respond by showing anger and hostility, which can further escalate the situation and lead to an unpredictable and violent situation. Therefore, you should try to fight against your negative instincts and remain calm and composed to avoid road rage, which can potentially lead to an accident.

Maintain Distance – If you identify an aggressive driver on the road, try to maintain a healthy distance from their vehicle by slowing down your vehicle, or changing lanes. You may also want to avoid making eye contact with them, as it may provoke them into showing hostility towards you.

Avoid Confrontations – Despite the severity of their actions towards you, never attempt to confront or follow aggressive drivers. If you believe they might pose danger to other vehicles, ask your fellow passenger to record their license plate number, or take a picture and report the driver to the police. If you are driving alone, pull over and call 911.

Defuse the Situation – If things intensify and you confront an aggressive driver, refrain from making any rude gestures or impolite remarks towards them. Try to defuse the situation in a polite way. If they make an ill-mannered gesture towards you, do not acknowledge or respond.

Drive Courteously – Make sure to abide by traffic laws and drive courteously. For instance, do not drive slow in the fast lane or change lanes without giving a proper signal. This way, you will not aggravate aggressive drivers. This will save you from becoming the target of aggressive drivers and avoid a potential conflict before it arises.

Do You Need a Lawyer?

If you have become a victim of an accident due to aggressive driving and road rage, it can be highly beneficial to hire services of an experienced auto accident lawyer. After seeking the appropriate medical treatment, call your attorney and try to gather details of the scene of the incident to be presented as evidence in the court. A competent auto accident lawyer will ensure your legal rights remain protected throughout the case.

Initially, your auto accident lawyer will attempt to reach a settlement in order to avoid costly and tedious court battles. If unsuccessful, they will use their vast experience and knowledge to devise a strong case in your favor, which will allow you to seek rightful damages for your loss and sufferings. Your compensation may cover medical bills, loss of income, pain and sufferings and even loss of consortium, among other damages.

Personal Injury Attorney

If you wish to find out more about tips to avoid aggressive driver or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

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Can a Pre-Existing Condition Impact a Car Accident Claim?

Auto Accident AttorneyWhen an individual is involved in an auto accident, the last thing they would want is dealing with an insurance company that employs tactics to minimize the amount of your compensation. When it comes to reimbursing your medical bills, insurance companies look into your medical history in an attempt to find any pre-existing medical condition that they might be able to use to claim that your injury was not caused due to the accident or perhaps that accident was only partially responsible.

Therefore, it is critical that you hire an experienced auto accident lawyer to ensure that you receive the financial compensation that you truly deserve, despite having any pre-existing medical condition prior to the incident.

Common Examples of Pre-Existing Conditions

A high impact auto accident can trigger an existing injury; it may get aggravated, flare up and become much worse. Here are some common examples of pre-existing medical conditions that may intensify further due to an auto accident:

  • Arthritis
  • Brain injuries (even concussions)
  • Degenerative disc or Herniated disc disease
  • Fibromyalgia
  • Hernias
  • Shoulder and knee injuries
  • Lower back strains

Pre-Existing Conditions and Your Right to Compensation

An insurance company does not have the right to deny or reduce the amount of your claim solely because you have a pre-existing condition. The legal concept under the umbrella of Eggshell Doctrine states that the victim is entitled to obtain compensation with respect to a pre-existing condition in case if the victim’s pre-existing condition was stable and there was no evidence that it would become worse.

The Eggshell Doctrine is applied when a victim has a pre-existing medical condition or injury that makes them more susceptible to injuries than the others. For instance, if a healthy individual becomes a victim of an accident, they are less prone to pick up an injury than someone who has an existing health condition. Under the Eggshell Doctrine, it states that an insurer cannot use an individual’s pre-existing condition as an excuse to deny financial compensation or reduce the amount of settlement offer.

How to Seek Compensation?

If you have sustained injuries due to an accident, you should call an experienced auto accident lawyer, of course, after immediately seeking medical help. It is important that you inform your attorney about your medical history so that they can be in a better position to defend your claim and nullify all the strategies and schemes employed by the insurer to deny or reduce the compensation.

Remember, you must ensure that you seek immediate medical attention after the accident as any delay can provide them with an excuse to reduce the amount of compensation. Moreover, most recent medical records and physician notes following the accident will be used to determine whether your injuries were caused due to an accident or your underlying condition. Thus, they will help your auto accident lawyer to devise a strong case against the negligent party.

Having an attorney by your side will ensure that your legal rights remain protected throughout the litigation. If you have proper medical records and a skillful auto accident lawyer pursuing your claim, you are likely to obtain rightful compensation for your pain and anguishes.

Personal Injury Attorney

If you wish to find out more about how can a pre-existing condition impact a car accident claim or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.