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Frequently Asked Questions by Motorcyclists in Vehicle Accidents

You don’t need anyone to tell you that riding motorcycles is dangerous. Unlike car drivers, motorcyclists are more susceptible to getting into an accident and sustaining life-threatening injuries.motorcycle accident This is because motorcycles don’t have a heavy metal body and airbags surrounding the rider to cushion the impact during an accident. You will be surprised to know about the statistics regarding motorcycle injuries and fatalities that take place every year.

  • There are several situations in which motorcycle accidents are likely to take place:
  • When line of sight is obstructed of either the motorcyclist or the vehicle driver.
  • When vehicle drivers cut motorcyclists from the front to make a left-hand turn.
  • When road conditions are dangerous such as slippery road due to snow or rain, railroad tracks, potholes, and wet pavements.
  • When a vehicle driver changes lanes without knowing a motorcyclist is riding next to them.
  • When a motorcyclist rides in a vehicle’s blind spot.

The following are some common questions which motorcyclists who have been in an accident ask in order to know their next move:

Question #1: I have been in a motorcycle accident. What should I do now?

First, you should get medical attention as soon as possible, as motorcycle accidents can cause serious injuries. Make sure that all of your injuries are treated properly. Next, document the accident with the police and gather information of the other driver and any witnesses. If you want to build a strong case, your best bet is to hire an experienced motorcycle accident attorney, as they can help you get maximum compensation for your injuries and suffering.

Question #2: How much compensation can I expect for my injuries?

With the mounting medical bills and lost wages (or other forms of income), compensation is the only way you can make ends meet while you recover. Your case will be evaluated based on the seriousness of your injuries, the time you missed from work, and circumstances leading to the accident. The amount you are entitled to receive from the responsible party will most likely cover for things such as property damage, medical expenses, pain and suffering, lost income and future earnings, and the impact of the accident on your family and relationships.

Question #3: If I was not wearing a helmet at the time of accident, will it affect my case?

There is a good chance that it will, especially if you have suffered any head injuries. This is because it was negligence on your part, and if you were wearing a helmet, some injuries would’ve been avoided. Helmet laws vary from state to state, but it is strongly advised that you wear a helmet when riding a motorcycle.

Question #4: How long will it take to resolve my case?

Every case is different and it is difficult for anyone to estimate how long it may take to resolve. Simple cases, in which the facts are known and the responsible party is willing to cooperate, hardly take a few months to resolve. However, complex cases can take years.

Illinois Motorcycle Accident Statistics

Motorcycle accidents continue to be a pressing issue in Illinois, with thousands of incidents reported annually. Due to the inherent lack of protective barriers that motorcyclists face in comparison to automobile occupants, they are at a significantly increased risk for severe injuries and fatalities in the event of a crash. Staying informed about the latest statistics and trends in motorcycle safety is crucial for riders, helping them take necessary precautions to ensure their own safety and that of others on the road.

Recent Data of Motorcycle Accidents in Illinois

According to the most recent data from the Illinois Department of Transportation (IDOT), motorcycle crashes are responsible for 13.5% of all traffic-related fatalities within the state. This statistic underscores the vulnerability of motorcyclists. In a recent year alone, Illinois experienced 2,973 motorcycle accidents, leading to 2,266 injuries and tragically resulting in 119 fatalities. Nationally, the risk for motorcyclists is alarmingly high, as they are 28 times more likely to suffer death in a traffic accident compared to individuals traveling in passenger vehicles, based on miles traveled.

Common Causes of Motorcycle Accidents

Several critical factors significantly contribute to the occurrence of motorcycle accidents in Illinois. These include:

Distracted Driving – A major cause of motorcycle accidents is distracted driving, where motorists fail to notice motorcycles due to distractions such as cell phone usage, adjusting in-car entertainment systems, or engaging in conversations with passengers. This lack of attention can lead to devastating outcomes.

Excessive Speeding – Speeding is another prevalent factor that compromises road safety. When drivers exceed speed limits, their reaction times are reduced, making it more difficult to stop or maneuver in response to sudden obstacles, which increases the likelihood and severity of crashes.

Failure to Yield – Intersections are often hotspots for motorcycle accidents, primarily due to drivers failing to yield the right-of-way. This violation can result in catastrophic collisions, especially when a motorist turns left in front of an oncoming motorcycle.

Impaired Driving – Driving under the influence of alcohol or drugs remains a grave concern affecting both motorcyclists and other road users. Impairment significantly reduces a driver’s ability to operate their vehicle safely, increasing the chances of accidents.

Road Hazards – The condition of the roads can also pose significant risks to motorcyclists. Hazards such as potholes, loose gravel, uneven surfaces, and poor weather conditions can make it challenging for riders to maintain control, leading to accidents.

Safety Initiatives and Prevention

Strategies In response to the rising number of motorcycle accidents, Illinois has established a variety of safety initiatives aimed at reducing injuries and fatalities among motorcyclists. These measures include:

Public Awareness Campaigns – Illinois has launched campaigns to educate both drivers and motorcyclists on the importance of sharing the road safely. These efforts aim to foster mutual respect among all road users and increase awareness of motorcyclists’ presence.

Helmet Safety Advocacy – Although Illinois does not have a universal helmet law, there is ongoing advocacy for the use of helmets among riders. Research consistently shows that wearing a helmet can significantly reduce the risk of head injuries and fatalities in crashes.

Strict Enforcement of Traffic Laws – Authorities are tightening the enforcement of existing traffic laws to mitigate reckless driving behaviors. Increased patrols and enforcement can deter irresponsible driving and encourage safer road practices. By prioritizing awareness and education regarding motorcycle safety, these initiatives strive to create a safer environment for all road users, reducing the number of accidents and ultimately saving lives.

The Law Offices of Robert T. Edens, P.C.

Contact Our Lake County Motorcycle Accident Lawyers

The easiest way to get your claim without undergoing exorbitant amount of stress is to let a reliable motorcycle accident attorney handle your case. Contact The Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule your initial legal consultation and discuss the specifics of your case.

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Filing A Wrongful Death Lawsuit In Illinois

Wrongful Death AttorneyWhile death is inevitable, it is not an easy thing to witness. If the death of a loved one could have been prevented, and it was not, the families left behind are filled with heartache and more questions than answers. While they cannot bring back the deceased, they can get closure and compensation for their loss by filing a wrongful death lawsuit against the guilty party.

How To File A Wrongful Death Lawsuit In Illinois

According to Illinois law, a wrongful death is when an individual dies because of another’s negligence or due to a malicious act. This includes medical malpractice, car accidents, boating accidents, property liabilities etc. Before filing a wrongful death lawsuit, you need to determine whether your claim fits this definition. If it does, you have to collect evidence that proves your claim. You must prove:

  • The death resulted from negligence or after an act of malice.
  • A human death occurred.
  • The deceased has surviving family members who were financially dependent on him/her.
  • The deceased has a representative.

 

Illinois Wrongful Death Statute of Limitations

According to the statute of limitations, you have two (2) years from the death of the deceased to file a wrongful death claim. There are some exceptions for criminal acts and minors but delaying the process will not be in your best interest. You should start legal proceedings as soon as possible to ensure you don’t miss critical deadlines.

These limitations act as gatekeepers. If you fail to file your claim within two (2) years or within the required deadline, the court will not allow you to continue to trial. Therefore, it is crucial you speak to an attorney soon after the preventable death of a loved one and file your lawsuit.

That way, you can determine whether you have a case or not and if you do, when you should file it to ensure you don’t miss the deadline. Experienced attorneys will be able to provide answers you are looking for and will also give you a timeline to complete crucial tasks for a successful trial.

Illinois Wrongful Death Statistics

Wrongful death cases in Illinois encompass a wide range of tragic incidents, including medical malpractice, workplace accidents, and motor vehicle collisions. These legal claims serve a critical purpose: they aim to provide financial compensation to grieving families who have lost loved ones due to the negligence or misconduct of others. By understanding the current statistics and trends, individuals can better recognize these issues and advocate for essential safety improvements.

Wrongful Death Cases in Illinois Are Substantial

Each year, Illinois witnesses a considerable number of wrongful death claims, highlighting the pervasive nature of this serious issue. These claims arise from various heartbreaking circumstances, including fatal car accidents, dangerous workplace conditions, malfunctioning machinery, criminal acts such as homicide, and egregious instances of medical malpractice. While pursuing justice through legal action cannot bring back a lost loved one, it can significantly alleviate the financial burdens faced by survivors and hold the responsible parties accountable for their actions.

Common Causes of Wrongful Death Claims

Several key factors contribute to the prevalence of wrongful death cases in Illinois:

Motor Vehicle Accidents – Tragically, fatal car accidents remain one of the leading causes of wrongful death lawsuits in the state. Reckless driving, distracted driving, and impaired driving often lead to devastating collisions.

Medical Malpractice – The healthcare industry is not without its flaws. Instances of misdiagnosis, surgical errors, and improper treatment can have catastrophic and fatal consequences for patients who place their trust in medical professionals.

Workplace Accidents – In high-risk industries, such as construction and manufacturing, workers often face dangerous conditions that can lead to life-altering injuries or fatalities. Lack of safety measures and oversight can exacerbate these risks.

Defective Products – Product liability cases arise when malfunctioning equipment or unsafe consumer products result in serious injuries or death. Consumers depend on manufacturers to ensure their products are safe and reliable.

Notable Illinois Wrongful Death Settlements

The financial compensation awarded in wrongful death settlements in Illinois can vary dramatically based on the individual circumstances surrounding each case. Some notable settlements that have garnered attention include:

  • $2.9 million awarded for the wrongful death of an infant due to a critical medical error, resulting in immense emotional and financial devastation for the family.
  • $4 million granted to the family of a young girl who was tragically misdiagnosed, ultimately leading to her untimely death from meningitis that could have been treated.
  • $3.37 million recovered from the City of Chicago after an ambulance failed to respond in a timely manner, leading to the death of a 911 caller whose emergency could have been prevented.
  • $4.7 million awarded to the family of a construction worker who lost his life due to the use of faulty equipment, highlighting the importance of rigorous safety standards.

These settlements are crucial in helping cover inevitable expenses, including medical bills, lost wages, funeral costs, and the immense emotional suffering endured by surviving family members.

Prevention & Advocacy

In an effort to reduce the occurrence of wrongful deaths, Illinois has implemented several proactive measures aimed at enhancing safety and accountability:

  • Stricter workplace safety regulations have been established to minimize the risk of fatal accidents and ensure that workers can perform their jobs without unnecessary hazards.
  • Enhanced oversight and regulation in the medical field aim to decrease instances of malpractice and protect patients from harm caused by negligent healthcare practices.
  • Public awareness campaigns have been launched to raise awareness about road safety and consumer protection, encouraging individuals to adopt safer behaviors and advocate for higher standards in their communities.

Personal Injury Attorney

Contact Our Cook County Wrongful Death Attorneys

The Law Firm of Robert T. Edens has been fighting for the rights of families that have lost ones to neglect and malicious acts for close to 20 years. Please do not hesitate to act and get in touch with us for a consultation today at 847-395-2200. We will assign a team of legal professionals who can protect your family’s rights and ensure you receive the compensation you deserve.

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Crossing the Line: Police Use of Force and Wrongful Death

When a friend or loved one passes away, that loss leaves a void that is impossible to fill completely. That void is sometimes seen to be greater when the person was lost due to someone else’s careless or reckless action. Legal actions for wrongful death are intended to help those individuals left behind be able to recover a fraction of what they lost, while also bringing attention to the negligent act in an attempt to ensure it does not happen again.

Unfortunately in today’s modern society we hear all too regularly of wrongful death actions against those who are sworn to protect and serve. Merely because a wrongdoer is a government agent, such as a police officer, does not mean that they are immune from accountability. There are some limits and specific rules when litigation involves police officers. This blog post being published today, June 9th, 2025, is particularly timely given the conflict going on in Los Angles currently between protesters, police, and the National Guard.

Use Of Force

The use of force by law enforcement is an intricate and highly debated issue in the United States. While police officers are entrusted with the essential duty of maintaining public safety and protecting communities, the occurrence of excessive force can lead to devastating outcomes, including wrongful deaths. It is crucial to gain a comprehensive understanding of the legal framework governing police conduct, the statistics reflecting these incidents, and the broader implications for society in order to effectively address concerns surrounding police accountability and reform.

Law enforcement officers are legally permitted to use force when necessary to protect themselves, others, or to apprehend a suspect. However, excessive force is defined as the use of more physical force than a reasonable officer would deem necessary given the specific circumstances of a situation. The Fourth Amendment of the U.S. Constitution provides a constitutional safeguard by protecting individuals from unreasonable searches and seizures, which extends to excessive force employed by law enforcement in the line of duty.

Supporting this notion, a recent survey conducted by the U.S. Department of Justice revealed that over 40% of individuals who reported police misconduct indicated that officers used or threatened to use force against them. These encounters often result in serious physical injuries or, tragically, fatalities, which subsequently lead to wrongful death claims against law enforcement agencies.

Governmental Immunity

Wisconsin law does not allow lawsuits to be brought against state employees (including peace officers) “for or on account of any act growing out of or committed in the course of the discharge of the officer’s…duties.” What this means is that if an officer injures someone while performing his or her duty, such as making an arrest, no lawsuit may be brought to recover damages for those injuries.

Families who lose a loved one due to police misconduct have the option to file wrongful death lawsuits. These legal actions typically assert that the officer involved acted negligently or violated the deceased individual’s civil rights. While the majority of wrongful death lawsuits are filed in state courts, federal courts have jurisdiction over cases that involve violations of constitutional rights, such as instances of excessive force or unlawful killings. In several jurisdictions, the doctrine of qualified immunity may be applied to protect law enforcement officers from liability in civil lawsuits, complicating the pursuit of justice for the families of victims.

Qualified immunity can present significant challenges, as it shields officers from accountability unless it can be proven that they violated “clearly established” constitutional rights. Nonetheless, ongoing legal challenges, along with growing public pressure for accountability, have contributed to a heightened examination of police practices and use of force.

However, in wrongful death actions, a plaintiff is claiming that the wrongdoer was negligent. If an injury occurs while the officer is acting negligently, then the governmental immunity provisions of the law no longer protect that officer from litigation.

Notable Wrongful Death Settlements

The financial outcomes of wrongful death settlements can vary substantially based on the unique details surrounding each case. Some notable settlements that advocate for victims’ families have included:

  • $12 million** awarded to the family of Breonna Taylor, who was fatally shot during a controversial police raid at her apartment in March 2020. This case garnered national attention and sparked widespread protests regarding police practices and racial injustice.
  • $27 million** settlement for George Floyd’s family after his death in police custody in May 2020, which was captured on video and led to a global outcry against systemic racism and police brutality.
  • $10 million** awarded in a case involving excessive force used during a traffic stop, highlighting the dangers and potential consequences of police overreach during routine law enforcement activities. These cases underscore the legal and financial ramifications that stem from incidents of police misconduct and highlight the necessity for systemic changes within law enforcement.

Wrongful Death Action and Damages

In order to bring a wrongful death action in court against an alleged wrongdoer, the decedent’s family member(s), or representative, must file in court within three years after the negligent act. This period begins to run from the moment that the injury leading to death occurred, or in some cases, when the injury was discovered. Ensuring that a case is filed properly within this time period is crucial as missing the deadline can mean that the action will be barred permanently.

The party or parties bringing a wrongful death action, if successful, can recover significant monetary damages. This is not merely to punish the wrongdoer for the negligent act, but to attempt to provide some semblance of an award that attempts to make the plaintiff whole. It is well known that money cannot bring a loved one back or fill the void left by their abrupt departure.

However, a victim’s family should not suffer further insult or injury than that which the wrongdoer has already caused. Under Wisconsin law, parties can recover medical expenses, funeral and burial costs, funds to cover lost wages or income to the family, and loss of companionship (up to a statutory limit).

 Addressing Police Accountability

In response to the rising concerns over excessive force and wrongful deaths, many law enforcement agencies have begun implementing a series of measures designed to promote accountability and enhance public trust. Some of these initiatives include:

Body Cameras – The use of body-worn cameras has emerged as a vital tool for increasing transparency in police interactions. These devices aim to provide an objective record of encounters between officers and the public, which can be crucial in investigations following incidents of alleged misconduct.

De-Escalation Training – Many police departments are now prioritizing training programs focused on de-escalation techniques. These programs are designed to equip officers with the skills necessary to defuse tense situations without resorting to the use of force.

Stricter Use of Force Policies – Law enforcement agencies have begun to revise their policies regarding when the use of force is justified, aiming to ensure that officers are held to a higher standard when it comes to engaging with the community. By fostering a better understanding of police use of force and the statistics surrounding wrongful deaths, communities can empower themselves to advocate for meaningful accountability measures and reform within law enforcement.

The Law Offices of Robert T. Edens, P.C.

Contact Our Cook County Wrongful Death Attorneys

Losing a loved one to someone else’s negligence is never easy, but it can be more intimidating when the wrongdoer is in a position of trust. If your loved one has been fatally injured by a negligent actor, call the Law Offices of Robert T. Edens, P.C at 847-395-2200 in Antioch today. Our experienced staff can discuss your options and provide guidance that you can use to determine your next steps.

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Factors That Influence the Value of Your Auto Accident Claim

If you have been injured in an accident due to other driver’s negligence, it is natural that you may want to know how much you can expect to receive in compensation. A whole host of factors affectphotographic evidence the dollar value of your auto accident claim. Every case is unique, but there are several common factors that can either decrease or increase the amount of compensation you may get in a court-based lawsuit or insurance settlement after the personal injury.

Let’s take a look at the factors in an auto accident claim that are particularly important:

The Evidence of Negligence

In order to build a strong case against the defendant, you need to have solid evidence indicating that they were negligent at the time of accident. Some important pieces of evidence to support your claim include traffic camera footage, witnesses to the accident, and the police report stating that the accident was a result of the defendant’s careless actions.

The Type of Medical Treatment

The recommended medical treatment for the injury has a significant impact on the settlement claim. Immediately after the accident, you should seek treatment and get a medical record of your injuries. If the doctor prescribes certain rehabilitation benefits, including workplace modifications, vocational counseling, social rehabilitation counseling, and home modifications, the value of your auto accident will increase. On the other hand, your claim will be valued less if the medical costs are only for diagnosis rather than any treatment.

In addition, if a medical professional at a hospital or clinic provides treatment, your claim will have a higher value, in contrast to when it is given by a non-M.D. provider in a private medical institution.

The Severity of your Injuries

One of the largest factors determining the value of your personal injury claim is the severity of your injuries. As a rule of thumb, the more severe injuries you sustain, the higher will be the value of your claim. Injuries that lead to permanent or long-term disabilities have the highest amount of compensation. If you have sustained hard injuries, such as nerve damage or broken bones, the value of your claim will be relatively higher than in the case of strains, sprains, and other soft tissue injuries.

Consistency of your After-accident Lifestyle with the Injury Claims

To establish whether you have exaggerated the severity of your injuries, the defense will most likely hire an investigator to ensure that the damages from the injuries reflect on your lifestyle. For example, if you claim to have pain in any or both of your hands, you shouldn’t be able to lift heavy things or perform strenuous tasks.

Comparative Negligence

The value of your claim will decrease if you were partly responsible for the accident. In this case, comparative negligence will be calculated, and subtracted from the amount of compensation you are entitled to receive.

Auto Accident Claim Statistics

Auto accident settlements can vary considerably based on a range of factors that significantly influence the amount of compensation an individual may receive. Understanding these factors, along with the latest statistics, is crucial for accident victims to anticipate potential settlements and navigate the often complex claims process effectively.

Average Auto Accident Settlement Amounts

According to a comprehensive survey conducted by Martindale-Nolo Research, the average settlement amount for car accidents between 2015 and 2020 was approximately $23,900. For cases involving injury-related claims, the average settlement rose to around $29,700. However, it is important to note that settlement amounts can vary widely. In certain cases, settlements may be as low as $5,000, while more severe cases can result in payouts exceeding $25,000. These discrepancies are largely dependent on the specifics of each accident.

Further emphasizing the financial implications, the Insurance Information Institute (III) reported in 2022 that the average auto liability claim amounted to $6,551 for property damage and $26,501 for bodily injury. These averages highlight not only the significant costs associated with car accidents but also the critical need for victims to secure fair and adequate compensation for their losses.

How to Maximize Your Auto Accident Settlement

To ensure fair compensation following an auto accident, victims should take proactive steps:

Gather Evidence – Collect comprehensive evidence, including photographs of the accident scene, detailed medical records documenting injuries and treatment, and witness statements that corroborate your account of the incident.

Seek Medical Attention – It is vital to get prompt medical care following an accident, even if injuries seem minor at first. Documentation of all injuries and treatment costs can strengthen your case and provide a clear record of the impact on your health and finances.

Consult an Attorney – Consulting with an experienced personal injury attorney right away can help you navigate the complexities of the claims process and understand your rights. An attorney can provide tailored advice on negotiating with insurance companies and help you avoid common pitfalls.

Avoid Low Initial Offers – Insurance companies often present low initial settlement offers to minimize their payouts. Before accepting any offer, it is important to carefully review the full extent of your damages—this includes not only immediate medical bills but also long-term care needs, lost income, and non-economic damages such as pain and suffering.

By understanding these aspects and taking appropriate actions, accident victims can increase their chances of receiving the compensation they deserve after an auto accident.

Personal Injury Attorney

Contact Our Lake County Auto Accident Attorneys

The best way to ensure maximum compensation for the damages in an auto accident claim is to enlist the services of an experienced and reliable attorney as soon as possible. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our auto accident attorneys.

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Common Road Hazards Leading to Motorcycle Accidents

Motorcycle Accident Attorney

The Dangers of Road Conditions for Motorcyclists

Road conditions that may seem like mere inconveniences for cars can pose life-threatening risks for motorcycles. Even a seemingly small obstacle or an uneven surface can lead to catastrophic consequences, resulting in a rider losing control and suffering a potentially devastating accident.

Motorcyclists are more susceptible to experiencing catastrophic injuries as compared to car drivers because there is nothing solid and sturdy around them to stop them from impact against the rough pavement. This can lead to grave consequences, such as broken bones, road rash, traumatic brain injuries, and even death.

In 2023, 6,335 motorcyclists were killed in traffic crashes, accounting for 15% of all traffic fatalities.This represents a 1.3% increase compared to 2022. Motorcycle fatalities are significantly higher than those of passenger car occupants, with 31.39 motorcyclist fatalities per 100 million vehicle miles traveled, compared to 1.13 for passenger car occupants

Aside from errors made by motorcyclists or vehicle drivers, road hazards are a major cause of these accidents. To avoid them, you need to be vigilant of your surroundings and carefully assess the road and weather conditions. Here are the most common road hazards you should know about that result in motorcycle crashes:

Rough Roadways

Construction projects, poor maintenance, and roadway resurfacing can leave bumpy, rough patches on the road. Irregularities on the roads can cause the motorcyclist to lose balance, especially at high speed, dramatically increasing the risk of a motorcycle crash. Potholes present a serious hazard for any vehicle, but they can be particularly perilous for motorcyclists. When a front tire strikes a deep pothole, it can send the rider hurtling forward or cause the motorcycle to flip unexpectedly. Similarly, uneven asphalt or poorly patched road repairs can trap a tire, leading to a dramatic and sudden loss of control that can endanger the rider’s life.

Edge Breaks

Edge breaks refer to a road condition where two traffic lanes have a difference in height. Edge breaks are particularly problematic for bikers who frequently change lanes to maneuver through the traffic, as they may reduce traction and cause them to lose control. Whenever you notice an edge break, it is important to slow down or avoid changing lanes altogether.

Loose Gravel, Sand, and Other Debris

Road disrepairs can be especially hazardous to motorcyclists, as they lead to loose gravel and massive potholes. It can be tricky for a bike rider to maneuver through a road with gravel, particularly when cornering.  They are bound to slip and fall. Unfortunately, loose gravel is a common problem on winding roads where motorcyclists are required to corner rather frequently. Moreover, sand, broken branches from trees, and other debris reduce traction and often lead to fatal accidents, especially in situations where the bike rider is going too fast and is not skilled or experienced enough to navigate through such road conditions.

Oil, Water, or Ice on the Road

The presence of slippery elements—like oil slicks glistening on the asphalt, black ice shimmering in the cold, or pools of standing water—renders motorcycle tires unable to grip the road effectively. Even a thin veil of moisture can drastically elevate the risk of a wipeout, sending a rider tumbling to the ground.

Poor Drainage and Flooding

When roadways become overwhelmed with water after heavy rainfall, they can create situations ripe for hydroplaning. Since motorcycle tires possess less surface area compared to car tires, riders are particularly susceptible to losing control in areas where water has collected.

Lack of Proper Signage or Warnings

It is crucial for construction zones, lane closures, and detours to be clearly marked with visible warning signs. Inadequate or hard-to-see signage can leave motorcyclists unprepared, limiting their time to react and slow down, which can inevitably lead to accidents.

Animals

Hitting a small animal or maneuvering to avoid the collision can throw a motorcycle off balance or off path. It is difficult to anticipate when an animal might start running across the road, and swerving to avoid hitting it can cause an accident. In addition, large animals, such as deer, also pose a major hazard and the impact can be fatal for a motorcyclist.

Prevention and Safety Measures

  • To mitigate the risk of motorcycle accidents caused by roadway hazards, riders should take the following precautions:
  • Remain vigilant and consistently scan the road ahead for potential dangers, keeping an eye out for anything unusual that could lead to a fall.
  • Decrease speed when approaching unfamiliar or hazardous areas, allowing for better control and reaction time.
  • Employ proper braking techniques to maintain stability, particularly when navigating slippery surfaces.
  • Always wear appropriate protective gear, such as helmets, gloves, and padded clothing, to lessen the severity of injuries in the event of an accident.

By being aware of these common road hazards, motorcyclists can actively take steps to protect themselves and enhance their safety on the road. If you have encountered a motorcycle accident due to poor road conditions, seeking counsel from a legal professional may be wise to understand your rights and options

Personal Injury Attorney

Contact Our Cook County Motorcycle Accident Lawyers

You should mindful about your surroundings and keep your eyes on the road at all times to react immediately to whatever the road may present. If you have been in an accident due to another driver’s negligent actions or poor road conditions, you may be eligible to make a claim against the responsible party. To have your case evaluated by an experienced motorcycle accident attorney, you should contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

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Do You Know What to Do After an Auto Accident?

Auto accidents are certainly the leading cause behind most injuries and fatalities in the United States. With a plethora of vehicles on the road with inexperienced and careless drivers, autocar accident accidents are becoming a normality. Multiple sources indicate that a significant number of Americans sustain injuries in auto accidents each year.

For example, in 2022, there were over 2.38 million people injured in motor vehicle crashes in the US according to the National Highway Traffic Safety Administration, and an estimated 3 million adults sustain traffic-related injuries annually, according to the National Institutes of Health with an additional 2.6 million emergency department visits related to car accidents

In most cases, auto accidents are caused by the negligence of one of the drivers involved. Whereas, in some cases, auto accidents are caused by faulty equipment used by the car manufacturer.

According to experienced auto accident lawyers, quite a significant number of people due to their lack of awareness don’t exercise their legal rights by filing a claim for the injuries and losses they suffered. If you file a claim as soon as possible and establish liability, you could get compensated for your medical expenses and the other damages you may have incurred due to the accident. But in order to establish liability, you would require the services of an experienced auto accident lawyer.

Who Can Be Held Liable In An Auto Accident?

Every accident is different from one another, therefore the liability of the auto accident has to be established according to the events that led to the accident. For instance, a faulty traffic light which leads to an accident places the liability on the local authorities responsible for maintaining traffic lights. Or, an accident caused by the failure of a vehicle’s braking mechanism can be used to establish liability on the car manufacturer. In short, any person or entity whose actions or negligence directly caused the accidents which resulted in injury or death can be held liable. Once the liability is established, the court will calculate the rightful and reasonable compensation for your physical, monetary and emotional loss.

In cases, where a person loses his or her life, their next of kin can file a wrongful death claim and get compensated for the death of their loved one. Although money can never be an adequate compensation for the life of a dear family member, it can help the families overcome the financial loss.

Steps To Take After An Auto Accident

Car accidents can be incredibly stressful and disorienting, but knowing how to respond in the aftermath is crucial for protecting your safety, legal rights, and financial interests. Whether you find yourself involved in a minor fender bender or a more serious collision, following these comprehensive steps can significantly enhance your recovery process and help mitigate complications.

Ensure Safety First

Your immediate priority should be the safety of everyone involved. If it is safe to do so, move your vehicle to a designated safe area away from oncoming traffic to avoid further collisions. Turn on your hazard lights to alert other drivers of the situation and to prevent additional accidents. Carefully check yourself and others for injuries. If anyone is hurt, contact emergency services by calling 911 right away. Even if injuries appear minor, it is advisable to seek medical attention, as some symptoms, such as internal injuries or whiplash, may develop later.

Contact Law Enforcement

Regardless of the severity of the accident, it is important to call the police to the scene. Law enforcement officers can provide valuable assistance by documenting the details of the incident, mediating discussions between those involved, and conducting necessary investigations. They will also complete an official accident report, which is essential for filing insurance claims and may play a critical role in any legal matters that arise as a result of the accident.

Gather Information

It is vital to exchange information with the other driver involved in the accident. Make sure to collect and document the following details: – Full name and contact information of the other driver – Driver’s license number – Vehicle registration details, including the license plate number – Insurance provider name and policy number If there were any witnesses to the accident, obtain their contact information, as their statements can be crucial in resolving disputes or providing corroborating evidence for insurance claims.

Document the Scene

Use your smartphone or a camera to take clear, well-lit photos of the accident scene. Aim to capture: – Damage to all vehicles involved, showing any significant impacts and deformities – The surrounding road conditions, including pavement quality, visibility, and weather conditions – Traffic signs or signals relevant to the incident – Skid marks, debris, and any other physical evidence that may help in determining fault – Any visible injuries sustained by you or others involved These photographs can be invaluable for insurance claims and any potential legal proceedings, offering a factual representation of what transpired.

Notify Your Insurance Company

As soon as possible, report the accident to your insurance provider. This should be done within the timeframe specified in your policy to avoid any issues. Provide accurate and detailed information about the accident, including facts you collected and documentation you gathered. It is crucial to avoid admitting fault or speculating about what caused the accident during this discussion, as that could negatively impact your claim.

Seek Medical Attention

Even if you feel fine immediately following the accident, it is essential to visit a doctor for a comprehensive evaluation. Some injuries, particularly those related to soft tissue or internal organs, might not be immediately noticeable. A thorough medical examination can help identify any hidden injuries and create an official medical report, which is beneficial in supporting claims related to the accident and ensuring you receive proper medical care.

Consult a Legal Professional

If your accident involves injuries, disputes over liability, or complications with insurance claims, it is wise to seek legal advice. Consulting with a qualified attorney who specializes in auto accidents can help you understand your rights and obligations. An experienced lawyer can assist in navigating through the complexities of insurance negotiations and litigation, ensuring that you receive a fair settlement for your losses. By adhering to these detailed steps, you can better protect yourself, enhance your safety, and streamline your recovery process after an auto accident. Always remember to remain calm, act responsibly, and prioritize the safety of everyone involved

Contact Our Cook County Car Accident Lawyers

The Law Offices of Robert T. Edens, P.C. is an Antioch Personal Injury Law firm representing injury victims throughout Northern Illinois and the entire state. For more than two decades, Bob has been fighting for the rights of injury victims and injured workers and has been successful in obtaining desirable outcomes for his injured clients. Bob and his staff will provide you the personalized attention you deserve and the aggressive representation you need.

If you or someone you love has been injured in an accident, contact our law office today for a free consultation by calling (847) 395-2200. Bob will fight on your behalf to get the compensation you deserve. In most cases, we will get back to you within 24 hours.

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Auto Accident: Traumatic Brain Injury

Brain Injury AttorneyWhen it comes to road traffic, the United States can be listed as one of the busiest countries, with around 218 million individuals holding a valid driving license, as per statistics and facts available on Statista. With the sheer amount of traffic on the roads, auto accidents are prone to happen. While some of the accidents may only result in monetary loss and victim is able to escape with minor injuries, others may be more severe and lead to severe injuries or even fatality.

One of the most common injuries that a victim may suffer from an auto accident is traumatic brain injury (TBI). TBI is caused due to damage to the head and can have life-altering effects on the victim’s life. A victim usually requires extensive period to recuperate as they may suffer from memory loss or may lose the ability to speak or think due to the damage, thus requiring legal representation from a competent personal injury lawyer to obtain compensation for their treatment and recovery period.

Symptoms of a Traumatic Brain Injury

A competent personal injury lawyer will assist the victim by presenting the medical reports containing the symptoms pertaining to traumatic brain injury. These symptoms generally include impairment of cognition and motor skills, dizziness, migraines, loss of consciousness, amongst others. A medical professional may perform different tests to assess the impact and severity of the injury and provide a report, which may be used in the court as an evidence to strengthen the case.

Proving Negligence

There are 4 points of negligence that must be proved by the plaintiff to obtain compensation from the defendant, which include duty of care, breach of duty, injuries, and causation. Thus, your personal injury lawyer will have to demonstrate that defendant owed you a duty of care, they breached that duty of care, and that breach caused you a traumatic brain injury.

Every driver on the road must obey traffic rules and owe a duty of care to their surroundings. The breach of duty can also be determined by surveillance video. The medical report of the injuries that you sustained after an accident can be used to associate the damages to the accident and may help you to prove that the traumatic brain injury you suffered has a direct connection to the auto accident.

How are Damages Calculated?

In case of a successful claim, a victim may be able to obtain compensation related to their traumatic brain injury including medical bills, loss of income, trauma, and pain and sufferings that they had to endure due to the accident. These calculations can be extremely complicated as they depend upon the severity of the case, thus an expert witness with a background in the field of economics and medicine may be utilized to substantiate and explain the damages that are necessary for recovery.

Illinois Traumatic Brain Injury Statistics From Car Accidents

Traumatic brain injuries (TBIs) resulting from car accidents pose a serious public health concern in Illinois, leading to significant medical costs and long-term disabilities for many individuals. According to the Illinois Department of Public Health, comprehensive injury-related data is essential for helping policymakers understand the extent and impact of TBIs. This understanding enables effective allocation of resources and the implementation of strategies to mitigate these injuries.

The Number Of Head Injuries Is Substantial

In Illinois, thousands of motor vehicle crashes occur each year, and a substantial number of these incidents result in head injuries. TBIs can vary widely in severity, encompassing mild concussions, which may cause temporary cognitive and physical disruption, to severe brain damage, potentially resulting in permanent disability. These injuries can profoundly affect cognitive function, impair mobility, and alter the overall quality of life for victims and their families.

Common Causes of TBIs in Car Accidents

Several factors significantly contribute to the occurrence of TBIs in car crashes within Illinois:

High-Speed Collisions – Accidents that occur at high speeds generate greater forces during impact, thereby increasing the risk and severity of head trauma. The higher the speed, the more severe the potential injury can be.

Failure to Wear Seat Belts –  Despite the well-documented effectiveness of seat belts in preventing injuries, many vehicle occupants neglect to buckle up. Unrestrained passengers are particularly vulnerable to head injuries during crashes, as they can be violently tossed around the vehicle’s interior.

Rollovers and Side-Impact Crashes – These types of accidents often lead to direct collision with the vehicle’s structure, directly impacting the head and neck. Rollovers are particularly dangerous due to the vehicle’s tumbling motion and the likelihood of occupants being ejected.

Pedestrian and Cyclist Accidents – Individuals who are outside of vehicles, including pedestrians and cyclists, face a higher risk of severe TBIs when involved in collisions with motor vehicles. These incidents can result in catastrophic injuries due to the lack of protective structures around the human body.

Financial and Health Impact of TBIs

The medical costs associated with TBIs from car accidents are substantial and can include emergency hospitalization, surgeries, prolonged rehabilitation, and ongoing care for individuals facing permanent disabilities. The psychological and emotional toll on victims and their families can also be profound, stressing the importance of effective injury prevention and healthcare interventions. The Illinois Roadway Crash Data system provides valuable insights into trends in crashes and safety measures aimed at reducing the incidence and severity of these injuries.

Prevention and Safety Measures

To address and mitigate the risk of TBIs resulting from car accidents, Illinois promotes several key initiatives:

Stricter Enforcement of Seat Belt Laws:** Law enforcement agencies are encouraged to rigorously enforce seat belt regulations, as studies consistently demonstrate that wearing seat belts significantly decreases the likelihood and severity of head injuries in crashes.

Public Awareness Campaigns:** Statewide campaigns are focused on educating drivers and passengers about the dangers of distracted and impaired driving, aiming to change behavior and promote safer driving practices among all road users.

Improved Vehicle Safety Features:** Automakers are increasingly incorporating advanced safety features in vehicles, such as enhanced airbags, collision avoidance systems, and improved structural design aimed at protecting occupants’ heads during an accident.

Personal Injury Attorney

Contact Our Cook County Car Accident Lawyers

Understanding the statistics and risks associated with TBIs in Illinois can empower residents to take proactive steps toward prevention, such as promoting safe driving practices and adhering to traffic laws. If you or a loved one has sustained a TBI due to a car accident, it is crucial to seek immediate medical attention and consult healthcare professionals and legal experts to ensure appropriate care and recourse are pursued

If you wish to find out more about traumatic brain injuries from car accidents 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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Attain Legal Representation for Medical Malpractice

Medical Malpractice refers to the problems and injuries that are caused by neglectful behavior of medical professionals. It refers to a situation where a medical professional either failed to provide an important healthcare service to a suffering patient or when it can be established that the quality of the provided care fell below the acceptable standards. Medical malpractice cases are important for people who suffer from neglect and good lawyers can provide compensation for the loss experienced by such people.

Medical malpractice has become very common in the United States. According to the reputed Journal of the American Medical Association (JAMA), it is the third leading cause of death in the country. Around half the cases of malpractice occur due to an incorrect diagnosis while others usually result due to poorly administered medical procedures. This trend truly needs to be curbed down and for this to occur; people have to take their medical malpractice incidents seriously.

Top Causes of Medical Malpractice Claims

Medical malpractice has a vast scope and includes many claims that may arise due to a number of reasons. Some of the top reasons are listed here:

  • Delayed Diagnosis
  • Professional Carelessness
  • Misinterpreted Medical Reports
  • Absence of Informed Consent
  • Pharmaceutical Errors

These are some of the important causes that create serious problems for patients.

Statute of Limitations

Within Illinois, all medical malpractice cases are bound by a strict statute of limitations policy. This leaves no room for contemplating on an issue as you have to hurry and file a complaint against a medical practitioner or healthcare organization. A consultation with an able attorney will go a long way in protecting your rights and those of your loved ones in a case involving medical malpractice.

Advantages of Legal Representation

Legal representation affords many advantages. You are able to establish your position as an affected person in front of a relevant authority. You also get several other benefits when obtaining legal representation on medical malpractice issues, such as:

Obtaining Fair Compensation

You can obtain the compensation you deserve when you hire a seasoned lawyer as they have experience necessary to get fight on your behalf. This compensation amount includes all the charges and expenses that a person has to bear due to a malpractice issue.

Identifying the Culprit

There are many situations where you receive medical care from a variety of sources and no one is willing to take the blame in case of a troubling issue. Competent legal representation will allow the blame to be placed on the right medical care individual that makes it easier to build a powerful case and present it in the right way.

Illinois Medical Malpractice Statistics

Medical malpractice is a pressing issue in Illinois, with thousands of cases reported annually. Gaining a comprehensive understanding of the latest statistics and trends can empower patients, healthcare providers, and policymakers to tackle medical errors effectively and enhance patient safety across the state.

Increase In Medical Malpractice in Illinois

Between 2020 and 2024, healthcare providers in Illinois faced significant scrutiny, resulting in a total of 5,944 adverse action reports and 1,801 medical malpractice payment reports. Adverse action reports reflect disciplinary actions taken against medical professionals, such as suspensions or license revocations, while medical malpractice payment reports indicate financial settlements associated with malpractice claims.

In 2023, Illinois saw a notable increase, recording 1,510 adverse action reports and 473 medical malpractice payment reports. The predominant allegations leading to these claims highlighted critical areas of concern, particularly failure to diagnose medical conditions and improper performance of medical procedures, which can have severe repercussions on patient health.

Financial Impact of Medical Malpractice

The financial ramifications of medical malpractice in Illinois are substantial. In 2023, the average settlement amount for medical malpractice claims reached $661,666, positioning Illinois as the seventh highest state in the nation for total malpractice payouts. This figure underscores the economic toll of medical negligence not only on victims but also on the healthcare system at large.

Among the most significant settlements in Illinois history, one prominent case in 2024 resulted in a staggering payout of $37.5 million due to improper medical techniques, illustrating the potential for devastating financial consequences arising from malpractice.

Common Causes of Medical Malpractice

Claims Several key factors contribute to the prevalence of medical malpractice claims in Illinois, each reflecting systemic issues that need to be addressed:

Failure to Diagnose – One of the most critical factors, failure to diagnose or delayed diagnosis can lead to severe and often irreversible health complications for patients. This includes conditions like cancer, where early detection is vital for effective treatment.

Surgical Errors – Mistakes occurring during surgical procedures, such as performing the wrong operation, improper suturing, or leaving instruments inside a patient, can result in life-threatening consequences and prolonged recovery times.

Medication Errors – Errors in prescribing, dispensing, or administering medications can lead to serious harm. These errors can involve incorrect dosages, administering the wrong drug, or failures in monitoring patient responses to medication.

Birth Injuries – Negligence during childbirth can have devastating effects, leading to long-term disabilities for newborns. Issues may arise from improper monitoring during labor, failure to perform necessary interventions, or errors in resuscitation efforts.

Prevention and Legal Recourse

In response to the ongoing challenges of medical malpractice, Illinois has implemented several proactive measures aimed at reducing incidence rates:

Stricter Regulations for Healthcare Providers – The state has established more stringent guidelines and oversight for medical professionals, ensuring adherence to best practices and standards of care.

Enhanced Patient Safety Protocols – Hospitals and clinics have adopted improved safety protocols designed to minimize the risks of errors. This includes better training for staff, standardized procedures, and greater emphasis on communication among healthcare teams.

Legal Protections for Victims – Legislation has been enacted to provide legal protections for victims of medical negligence, ensuring they have access to the necessary resources to seek compensation for their injuries.

The Law Offices of Robert T. Edens, P.C.

Contact Our Lake County Medical Malpractice Attorneys

Understanding the statistics and trends surrounding medical malpractice in Illinois is crucial for patients seeking to make informed healthcare decisions. Equally, it serves as a call to action for the medical community to uphold accountability and improve patient outcomes. If you believe you have been a victim of medical negligence, consulting with a legal professional experienced in malpractice cases may provide valuable guidance and support

Robert Edens is an experienced Lake and McHenry County personal injury and medical malpractice attorney. You can contact him by calling (847) 395-2200 today for a free, no-obligation initial consultation.

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Auto Accidents and Wrongful Death

In the beautiful, bustling City of Chicago, car accidents are almost a fact of life. Just about every commuter here has either been involved in an accident him or herself, or knows someone who has. Auto accidents in Chicago range from the common fender bender to multiple vehicle pile-ups. Some simply disrupt the driver’s day, while others disrupt entire lives. When one driver behaves negligently on the road and causes damage to you or your vehicle, the law requires that driver to compensate you for the damage. When a driver behaves recklessly and causes a fatality, the family of the deceased is entitled to compensation. This is known as a wrongful death claim.

Wrongful Death

In Illinois, the controlling law in this type of suit is known as the Illinois Wrongful Death Act. The Act allows the surviving spouse or children of the deceased to bring a claim against a defendant whose negligence caused the death. In order to bring a wrongful death claim, the plaintiff must show:

  1.     The defendant owed a legal duty to the deceased victim;
  2.     The defendant breached that duty; and
  3.     The plaintiff sustained pecuniary damages as a result of the breach.

Pecuniary Damages

Pecuniary damages are monetary damages. Illinois law allows a plaintiff, bringing suit on behalf of the deceased, to recover monetary damages for “money, benefits, goods, and services the decedent customarily contributed in the past,” and the “money, benefits, goods, and services the decedent was likely to have contributed in the future.” Courts will generally presume that a child or spouse will suffer a loss of companionship where the spouse or parent has died in an untimely manner. Unless the defendant can show otherwise, such as showing the spouse or child did not speak to the deceased, the court will presume the plaintiff is entitled to some amount of pecuniary damages.

Auto Accidents

The Illinois Department of Transportation reports that in 2012 there were 956 crash fatalities on Illinois roads. That’s 956 parents, husbands, grandparents, wives, and children who never returned home to their loved ones. Many of these accidents were the result of the negligence of a driver on the Illinois roads. Each and every driver in Illinois owes a duty to operate their car in a reasonable manner on the roadways. When a driver breaches this duty, injuries and property damage can result. Under Illinois law, drivers who behave negligently and cause injury or property damage are responsible to compensate those who are injured. This is especially true where the injury results in a fatality and deprives a family of one of its members.

Auto Accident Wrongful Death Statistics

Auto accidents remain one of the most critical issues facing public safety, consistently ranking among the leading causes of wrongful death cases in the United States. Each year, the tragic loss of thousands of lives can be attributed to factors such as negligent driving, alarming rates of speeding, and the pervasive impact of impaired driving.

Wrongful Deaths from Auto Accidents

According to the Centers for Disease Control and Prevention (CDC), motor vehicle traffic fatalities reached a staggering total of 44,534 in 2022 alone. This distressing figure highlights the grave reality that these deaths constitute a significant portion of unintentional injury-related fatalities in the country. In the state of Oregon, for instance, 599 fatal accidents claimed lives in 2021. While this figure specifically pertains to Oregon, similar patterns are evident across the entire United States, which underscores the widespread devastation that auto accidents impose on families and communities alike.

Common Causes of Auto Accident Wrongful Deaths

A variety of factors contribute to the occurrence of fatal car crashes, including:

Distracted Driving – The use of cell phones and other distractions not only diverts drivers’ attention but also significantly heightens the risk of fatal accidents. Even a momentary lapse in focus can lead to devastating outcomes.

Speeding – Operating a vehicle at excessive speeds dramatically reduces a driver’s reaction time and exacerbates the severity of crashes. Speeding transforms minor collisions into catastrophic incidents.

Driving Under the Influence – Alcohol and drug-related accidents remain a persistent threat, serving as a leading cause of wrongful deaths on the roadways. Impairment diminishes judgment and coordination, turning everyday driving into a perilous endeavor.

Failure to Yield – Many fatal accidents tragically unfold at intersections where drivers neglect to yield the right of way. This failure often leads to heartbreaking and avoidable fatalities.

Weather Conditions – Adverse weather conditions such as rain, snow, and fog compromise visibility and create hazardous driving situations, increasing the likelihood of accidents.

Legal and Financial Impact

Fatalities resulting from auto accidents lead to wrongful death claims that often result in settlements and compensation amounting to millions of dollars for the affected families. These claims play a vital role in covering a range of expenses, including medical bills, funeral costs, lost wages, and the emotional suffering endured by grieving families.

Prevention and Safety Measures

To combat the frequency of wrongful deaths caused by auto accidents, the United States government promotes several proactive measures, including:

  • Stricter enforcement of traffic laws aimed at penalizing reckless and negligent driving behavior, reinforcing the seriousness of road safety.
  • Public awareness campaigns designed to educate drivers about safe driving practices, highlighting the importance of attentiveness and responsible behavior behind the wheel.
  • The development and implementation of improved vehicle safety features to mitigate the impact of collisions, providing an extra layer of protection for all road users.

Waukegan Personal Injury & Auto Accident Lawyers

Contact Our Cook County Auto Accident and Wrongful Death Attorneys

By understanding the statistics surrounding auto accident wrongful deaths, policymakers and communities can better prioritize safety improvements. Ultimately, by embracing responsible driving habits, motorists can play a pivotal role in reducing fatalities and fostering safer roads for everyone.

If your loved one has been the victim of a fatal car accident, you are entitled to receive compensation for your loss. Proving exactly how much you are entitled to is difficult and can be complicated by the involvement of an insurance adjuster. During a time of grieving this process can become overwhelming. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 for a free consultation.

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As An Independent Contractor How Do I Collect Workers’ Compensation?

Independent ContractorIf you’re an independent contractor, one of your major concerns might be whether you can collect workers’ compensation or not. This guide will provide you with a comprehensive answer:

Workers’ Compensation in Illinois

In Illinois, independent contractors are not eligible for workers’ compensation. However, the criteria for a person to be called an independent contractor or an employee (employees are eligible for workers’ compensation in Illinois) are different under Illinois Workers’ Compensation law than in other states. Let’s find out what exactly is meant by independent contractors:

Defining Independent Contractors

Independent contractors are self-employed individuals or freelancers who are temporarily hired by companies to deliver specific tasks without joining them as employees. According to the Internal Revenue Service (IRS), a worker is only regarded as an independent contractor when the employer has the right to direct or control only the outcome of the work and not what work is being performed or how it’s being performed.

In the state of Illinois, there are numerous cases where legitimate employees are wrongly categorized as independent contractors in an attempt to deprive them of workers’ compensation benefits and thereby save significant amounts of money. When such workers get injured or disabled while performing the work they’ve been assigned, they should seek legal representation to claim their rights.

This means that even if you signed an independent contractor agreement and received 1099 income, you may still be considered an employee.

The Robertson vs. Industrial case is a clear example of how a trucker who was referred to as an independent contractor was entitled to workers’ compensation, according to the Illinois Supreme Court ruling.

When Are You Considered an Employee in Illinois?

If following cases, you’ll be considered an employee and are wrongly classified as an independent contractor:

  • The employer gave you a work schedule that you are bound to follow; you weren’t given the freedom to set your own hours
  • You are exclusively bound to the employer and can’t work for someone else
  • You’re provided with a uniform by your employer
  • You don’t use your own equipment or materials; your employer provides the tools to you
  • Your employer took taxes out of your paycheck
  • You were given specific instructions by your employer for how the job needs to be done; you were not allowed to follow your own approach

If your employer claims that you’re an independent contractor, but one or more of the points stated above holds true, you may be considered an employee that qualifies for workers’ compensation benefits under Illinois law.

Questions About Independent Contractors And Workers’ Compensation

 Do Independent Contractors Qualify for Workers’ Compensation?

In the majority of states, independent contractors are generally not covered by workers’ compensation laws. This distinction arises because independent contractors function as self-employed individuals rather than traditional employees. Therefore, they bear the responsibility for arranging their own insurance and benefits. However, it’s important to note that some states have specific exceptions where particular types of independent contractors may qualify for workers’ compensation coverage, potentially based on the nature of their work or the industry in which they operate.

Can Independent Contractors Purchase Workers’ Compensation Insurance?

Yes, independent contractors have the option to purchase workers’ compensation insurance to cover themselves in the event of a work-related injury or illness. This insurance provides essential financial protection, offering medical benefits and wage replacement in situations where they may be unable to work due to injury. In high-risk industries, such as construction or agriculture, independent contractors may be legally required to carry this insurance as part of their contractual agreements, both to safeguard their well-being and to protect the interests of the hiring business.

How Do Businesses Determine Worker Classification?

Correctly classifying workers as either employees or independent contractors is crucial for employers. Misclassification can result in severe legal penalties and financial liabilities. Several key factors guide this classification process:

Control Over Work – Employees typically adhere to company policies and guidelines, working under the supervision of their employer, while independent contractors enjoy greater autonomy, setting their own schedules and methods for completing their tasks.

Financial Independence – Independent contractors are often responsible for using their own tools, equipment, and resources to complete their work projects. In contrast, employees usually rely on materials and equipment provided by their employer to perform their job duties.

Contractual Agreements – A well-defined formal contract is an essential document that outlines the nature of the working relationship. It can provide clarity regarding the rights, responsibilities, and scope of work for both parties, thereby assisting in accurately classifying the worker.

What Happens If an Independent Contractor Is Injured on the Job?

If an independent contractor sustains an injury while performing their work, they typically cannot file a workers’ compensation claim against the hiring company. This is primarily because independent contractors are responsible for securing their own insurance coverage. In the event of an injury, they may need to rely on their personal health insurance or private disability insurance for coverage.

Alternatively, if the injury was caused by negligence or unsafe conditions created by the hiring company, they may have the option to pursue legal action to seek compensation for their injuries and related damages. To mitigate risks associated with workplace injuries, some businesses choose to provide liability coverage or include clauses in their contracts that require independent contractors to obtain and maintain their own insurance.

Should Independent Contractors Consider Additional Coverage?

In addition to obtaining workers’ compensation insurance, independent contractors should also consider other types of coverage that can bolster their financial protection, including:

General Liability Insurance – This coverage protects against claims of third-party injuries or property damage that may occur as a result of their business operations. It is particularly important for contractors whose work involves interaction with clients or the public.

Disability Insurance – This type of policy offers income protection in case of long-term injuries or illnesses that prevent the contractor from working. It can provide financial security during a challenging recovery period.

Health Insurance –  Securing health insurance is crucial for covering medical expenses that are unrelated to work injuries. Independent contractors should explore various health insurance plans to ensure they have adequate coverage in place for general health needs.

Understanding the complexities of workers’ compensation in relation to independent contractors is essential for both freelancers and businesses. Proper classification of workers, comprehensive insurance coverage, and a solid understanding of legal responsibilities can greatly reduce disputes and enhance financial protection in the case of workplace injuries. Taking proactive steps in these areas can ensure a safer working environment and help both independent contractors and businesses thrive

See more on our Illinois Workers’ Compensation FAQs page.

Personal Injury Attorney

Hire Our Top-Rated Illinois Workers’ Compensation Attorney

Workers’ compensation serves as a vital safety net for employees who experience injuries or illnesses related to their work. However, the situation becomes more intricate when considering independent contractors. Many business owners, freelancers, and independent contractors themselves have pressing questions regarding their entitlement to workers’ compensation benefits and the specific mechanics of coverage in their cases.

However, it can be a big challenge to prove that you’re an employee, not an independent contractor. An Antioch workers’ compensation lawyer can make life considerably easy for you. Hire Robert T. Edens, who has 20 years of experience in fighting for the rights of employees. His law firm has recovered millions of dollars for clients up till now.