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Illinois Slip and Fall Claims

Auto Accident AttorneyIn Illinois, slip and fall cases fall under the umbrella of personal injury claims under tort law. If you have sustained injuries due to a slip and fall caused by the negligence of someone else, then you have a legal right to initiate a lawsuit to collect compensation for your pain and suffering and recover certain expenses that you incurred, including your medical costs. You may file a case against the negligent party by hiring an experienced slip and fall lawyer, however, first, you need to obtain a basic understanding of Illinois premises liability.

What is a Slip and Fall Claim?

When a person slips or trips on another individual’s or entity’s premises and suffers injuries as a result, the personal injury case that is pursued by them is referred as a slip and fall claim. In such instances, the victim may seek to file a case against the person who is responsible for the maintenance of the property i.e. keeping it safe from dangers and hazards that can lead to an adverse incident.

How to Establish Liability under Illinois Law?

Liability in slip and fall cases is based upon proving negligence. There are different negligence laws that vary from one state to another. In Illinois, in order to establish negligence, the plaintiff must demonstrate that the property owner owed a duty of care and failed to fulfill this duty. You must also prove a direct connection between the breach of duty and your injury. Finally, you must have sustained injuries in order to seek compensation.

Statute of Limitation

In Illinois, the statute of limitation for filing a slip and fall lawsuit under premises liability is two years. It is extremely important that you hire services of a competent slip and fall lawyer to understand what type of negligence law is applicable to your circumstance and the amount of compensation that you may be entitled to obtain.

Types of Negligence

In Illinois, there is not just a single type of negligence, but various types of negligence that may be applicable to your slip and fall case and it is critical to understand each one of them because they will decide the outcome of your case.

For instance, if it is concluded that you are more than 50 percent at fault for your injuries, contributory negligence will apply to your case. Under this law, you will be unable to collect compensation from another party. If you are found to be at partial fault, but less than 50 percent at fault for your injuries, you will be able to receive compensation but the amount will be reduced in proportion to the level of carelessness.

Finally, you can also seek justice under joint and several liability laws in Illinois. Using these laws, you will be able to pursue a claim against every party that proved to be a contributing factor to your injury for the complete amount of your damages despite the level of percentage of fault that each of these parties shared.

Procuring services of a skillful slip and fall lawyer can be highly beneficial for your case. Your attorney will initially try to reach a settlement with the property owner’s insurance company. If unsuccessful, they will devise a solid case against the negligent party and ensure that your legal rights remain protected throughout the litigation process.

If you wish to find out more about slip and fall accidents or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced slip and fall lawyer.

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3 Common Spinal Injuries Caused Due to an Auto Accident

Spinal cord injuries are among the most severe adverse consequences of a high impact auto accident as it carries a significant part of the peripheral nervous system to the brain. Due to its complex structure, it is one of the highly sensitive areas of the human body. A patient suffering from spinal cord injuries may experience a considerable amount of pain and anguish and must seek immediate medical care, which may prove to be quite expensive.

Therefore, if you have become a victim of an auto accident and sustained spinal injuries, it is important that you hire an experienced auto accident lawyer and file a lawsuit against the negligent party. Let’s check out the three most common spinal injuries that are caused due to an auto accident.

Spinal Fractures

Spinal fractures can cause excruciating pain and severe medical complications. They mostly take place due to seatbelt malfunction i.e. the lower half of the body is held in place, but the upper half is pulled around due to the pressure of the impact; consequently leading to spinal fractures.

Victims who suffer a compression may feel numbness, bladder problems, weakness in muscles, and acute pain in the affected area. Depending on the severity of the impact, a patient may be treated immobile while others may require surgery.

Whiplash

Whiplash is one of the most common types of injury that is sustained in an auto accident involving rear-end wrecks. It occurs when the neck and head are suddenly propelled forward due to the force of an impact while the body remains still. Common symptoms of whiplash are stiffness, pain, fatigue, or blurred vision.

However, it may take a few hours for the symptoms to show; so, a victim may feel completely fine at the scene of the incident. The recovery period is often a few days or weeks, but in some cases, physical therapy may be necessary to alleviate the pain.

Herniated Discs

Herniated discs, also referred to as ruptured discs or slipped discs can lead to a serious medical condition and may require surgery. It occurs when the soft cushions or disc between spinal bones protrudes through a crack in the tougher exterior covering. A powerful impact during an auto accident can result in this extremely painful injury.

Due to the excessive pressure applied to the nerve, the pain can radiate through the body. The recovery period is usually two to four months, however, in many cases, surgery may become necessary.

Should I Hire a Lawyer?

Having your case represented by a veteran auto accident lawyer can be highly advantageous to your case. You might already be suffering from pain and recovering from spinal injuries due to an accident. Your attorney will take care of all the legal aspects of your case and devise a strong case in your favor, which, as a result, will allow you to obtain a maximum amount of compensation.

A skillful auto accident lawyer will try to reach a settlement so that you can avoid time-consuming trial and focus on your recovery. If unsuccessful, they will create a strong case in your favor by gathering facts and evidence including your medical records, CCTV footage of the scene of the incident, photos captured at the scene of the incident, amongst others to help you obtain damages for your pain and anguish.

 

Personal Injury Attorney

If you wish to find out more about spinal injuries caused due to an auto accident 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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When Brake Checking Becomes Dangerous

Auto Accident AttorneyThere has been an increase in the practice of brake checking in recent years. Though there are many programs in place to reduce road accidents, it is challenging to prevent them, especially due to aggressive driving and road rage. Brake checking is among one of the most common behaviors that are acted out by drivers due to aggression and anger. Moreover, tailgating is another aggressive behavior, which usually is the reason that prompts a driver to brake check.If you have sustained injuries due to an accident caused by brake checking and road rage, you should contact an experienced lawyer to seek damages for your pain and suffering. Hiring an experienced auto accident lawyer will ensure that your legal rights remain protected throughout the entire process.

What is Brake checking?

Brake checking refers to an instance when a car abruptly stops on the road. This sudden stoppage can lead to fatal accidents and road rage, especially if there are heavy vehicles such as trucks involved. Drivers may pull up in front of a truck when they believe that they are being tailgated. Thus, they brake check the truck behind them, stopping in the middle of the road. Consequently, this causes the driver to brake suddenly, which ultimately leads to an accident. The truck may either hit the front vehicle or cause a pileup behind them.

The Psychology behind Brake Checking

It is important to understand the psychology behind brake checking as it can lead to serious auto accidents and injuries. Perhaps the biggest reason behind brake checking is the driver’s ego or entitlement of road space, which overrides their judgment and ability to think rationally. Therefore, they use brake checking as an attempt to reclaim their space back.

The possessiveness and arrogance over the space in which an individual is driving tends to get the best out of their emotions. That’s probably the reason that they still opt for brake checking, even though they are aware of the negative consequences that they might have to face. Moreover, brake checkers also have a reputation of fleeing away from the scene of the incident, which shows that they subconsciously are aware that they are at fault.

How Can a Lawyer Help?

Proving the fault in a brake checking incident can be challenging because often the vehicle in the rear is considered at fault. Furthermore, the defense counsel may argue that the plaintiff was not maintaining adequate distance or failed to stop in reasonable time. Thus, having a competent auto accident attorney on your side can be pivotal for the success of your claim as your attorney will refute these arguments by establishing facts and presenting evidence in court.

If your vehicle has a dashcam and it recorded the video footage of the accident, it can be presented as admissible evidence in the court by your Lake County auto accident lawyer. Not only will the video footage strengthen your case, but also prevent defense counsel from making any false accusations. If there is no dashcam footage, your lawyer will use other evidence to devise a solid case in your favor to help you obtain rightful compensation for your loss and suffering.

Personal Injury Attorney

If you have been involved in an auto accident that involved brake checking and have sustained an injury, contact The law Offices of Robert T. Edens today at (847) 395-2200 to schedule a free consultation.

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Internal Injuries Caused by Auto Accidents

Auto Accident AttorneyMost of the injuries sustained in an auto accident such as cuts and bruises are visible; however, there are instances where a victim suffers internal injuries which may not become immediately obvious. These injuries may remain untreated, which can prove to be very dangerous, sometimes even fatal.

If you have been involved in an an auto accident, your priority should be to seek immediate medical attention to ensure that you do not require urgent care. It is also highly important to call a Lake County auto accident lawyer to ensure that your legal rights remain protected.

Common Internal Injuries Due to Auto Accidents

There is a broad range of internal injuries that a victim may sustain due to an auto accident. Some of those injuries include:

Internal bleeding – When a person sustains an injury which results in damage to the blood vessels, it causes internal bleeding which is very serious. The symptoms may include abdominal pain, feeling cold, thirst, fatigue, and lightheadedness. In the case of a ruptured spleen, surgery may be required to repair the damage.

Organ injury – Organ injury is one of the most frequent and serious injuries after an auto accident, which happens when an injury causes damage to internal organs. It is critical that the victim is provided immediate medical attention to prevent further complications or even fatality.

Abdominal aortic aneurysm – When an internal injury affects the abdominal area, it may rupture abdominal aorta. In most of the cases of abdominal aortic aneurysm, the victims do not survive.

Pneumothorax – A victim may also suffer from a pneumothorax, where lung collapses and causes the air to release into the chest cavity. This often happens when a broken rib punctures the lung.

Broken ribs – Not only can broken ribs cause excruciating pain to the victim, but they can also prove to be fatal if they cause a puncture to a major blood vessel or another internal organ.

Why Is Seeking Immediate Medical Attention Important?

When a person is involved in an auto accident, the adrenaline rushing through the body could momentarily mask some of the symptoms of an injury. Thus, they may not feel that they have sustained any bodily harm; however, it is critical to seek medical attention immediately after an accident. A medical professional will evaluate your condition and will be able to determine whether you have sustained an internal injury and require urgent care. If the nature of your injury is severe, this step can potentially make a difference between life and death.

From a legal perspective, refusing or even delaying medical treatment at the scene of injury can provide defense counsel and insurance companies an opportunity to undermine your claim. They may argue that your injuries were not as severe as you claim in your lawsuit or perhaps your injuries occurred after the car accident due to a completely different event. These arguments can reduce the amount of compensation that you may have been entitled to obtain had you seeked or if you seek immediate medical care after the accident.

Therefore, getting immediate medical treatment will allow your auto accident lawyer to rebut these defenses by presenting your medical documents, which will fully document your injuries and overall prognosis. This will enable your attorney to devise a strong case in your favor, which consequently will help you to obtain maximum compensation for your pain and suffering.

If you or someone you love has been injured in an auto accident, contact The Law Offices of Robert T. Edens today at (847) 395-2200 to schedule a free initial consultation.

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Spinal Cord Injuries – How to Pursue A Legal Claim

Spinal Cord InjuryA spinal cord injury refers to the damage to the bundle of nerves housed within the ‘backbone’ – spinal column, to be precise – that conveys messages between the brain and body. Consequently, it may result in partial or complete loss of motor control and sensation, which may render the victim paralyzed. Moreover, as the spinal cord is also responsible for a broad range of bodily functions including body temperature, bladder, and even breathing, an injury may result in severe health consequences.

What Causes Spinal Cord Injuries?

A spinal cord injury is caused mainly due to a traumatic injury or heavy blow to the spine of the victim. Per stats available on Spinalcord.com, the most predominant cause of a spinal cord injury is auto accidents, contributing roughly 47 percent of all cases, succeeded by slip and fall accidents, which account for around 21 percent of all cases. Other causes may include acts of violence and recreational sports activities. An individual may also suffer from a spinal cord injury due to the negligence of a medical practitioner during a risky surgical procedure.

How to Pursue a Spinal Cord Injury Claim?

Spinal cord injury claims can be classified into two categories. Firstly, there are cases where spinal cord injury is caused by the negligence of an individual or an entity; for example, an individual became a victim of a car accident or slip and fall accident on a wet floor. In such instances, the victim may seek a personal injury lawsuit against the defendant, however, the plaintiff must establish four points of negligence and demonstrate that the defendant is legally responsible or “at fault” to obtain compensation for their pain and sufferings.

Secondly, there are cases where spinal cord injury is caused by damaged or faulty products; for example, malfunctioning breaks, seatbelts, or airbags of the car, or perhaps defective design. In such instances, the victim must prove four elements of product liability and demonstrate that they used the faulty product (as it was intended) and those defects led to the injury. If the claim is successful, the victim may obtain rightful compensation from the company or business that designed, manufactured, and/or sold the defective product.

How Can A Lawyer Help?

If you have sustained a spinal cord injury and are seeking justice and fair financial compensation for your pain and sufferings, consider hiring an experienced personal injury lawyer to initiate a legal action against the negligent party.

A competent personal injury lawyer will attempt to obtain maximum compensation for your injuries during the settlement arrangement. This can be extremely beneficial for you as you do not have to go through the trial process and rather can focus on your recovery process.

Furthermore, if the case goes to trial, your personal injury lawyer will devise a solid case in your favor by demonstrating negligence of the defendant by establishing facts and elements pertaining to the case, ensuring that your legal rights remain protected and you are able to obtain rightful compensation for your pain and anguish.

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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WC, PI or Both?

Personal Injury AttorneyWhen an individual begins to seek compensation for their injury and losses they often wonder whether to file a worker’s comp claim, PI claim, or both. A typical injury case gives rise to a personal injury case, however, when the same incident takes place at work, an individual must pursue a worker’s compensation case to obtain damages. This presents a question: should an individual seek a personal injury case, worker’s compensation, or both? Let’s check it out.

WC, PI, or Both?

Choosing between workers’ compensation and a personal injury claim is not extremely difficult, but does require some considerations. If an individual sustains an on-the-job injury and there is no third party involved in the accident, they may simply pursue a workers’ compensation case. The personal injury claim comes into play when there is a third party involved in the accident that caused an injury to the individual.

The real challenge comes when deciding whether an individual should pursue both of these options to obtain compensation for their loss and suffering. Facts and circumstances pertaining to every case are different, thus obtaining the services of a competent Lake County personal injury lawyer can be helpful in determining the legal routes that are available in your case.

In Illinois, employers are required by law to provide worker’s compensation to their employees. Your employer is obligated by the law to file a worker’s compensation claim for your incident, but that does not mean that you cannot pursue a personal injury claim, provided that a third party was involved in the accident. This type of personal injury claim is also known as a third party liability claim as the involvement of a third party is imperative to initiate a claim. For instance, if you have sustained an injury due to defective equipment at work, the manufacturer of that faulty equipment would be constituted as the third party.

There are a few key differences that you must consider when exploring your options. While the workers’ compensation is filed against the employer’s workers’ compensation insurance company, the personal injury claim is filed against the insurance company of the third party whose negligence caused you the injury. In a workers’ compensation claim, you may receive benefits regardless of fault unlike a third-party injury claim, where your Antioch personal injury lawyer needs to prove the negligence of the defendant to pursue rightful compensation.

Furthermore, in a workers’ compensation claim, you may only be able to obtain statutory damages including lost wages and medical expenses. However, in a personal injury claim, a competent personal injury lawyer may help you to obtain damages for pain and suffering, and emotional distress that you had to suffer due to negligence of the third party.

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.

(Content updated 12/2/2021)

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Auto Accidents: 3 Common Mistakes to Avoid

Auto Accident AttorneyWhen it comes to initiating a legal claim, there are a multitude of complexities attached to a case, especially when it comes to auto accidents. It is not uncommon for an individual to unintentionally make mistakes that may weaken their injury claim and adversely impact the amount of compensation that they are rightfully entitled to obtain. Here are the 3 most common mistakes people make after an auto accident which may prove detrimental for their personal injury claims:

Delaying in Seeking Medical Care

If you become a victim of an auto accident, it is critical that you seek immediate medical attention as not doing so can present several problems during the case. For instance, the insurance company may argue that your injuries must have not been as severe as you were able to wait so long to obtain medical care. Moreover, if the delay is substantial, say more than 2-3 days, the insurance provider may also argue that the accident was not the causation of your injuries.

If you have procured services of an experienced auto accident lawyer, they will help you to prove that the injuries that you sustained were caused due to the accident. However, delaying the medical treatment will allow the insurance provider to reduce the amount of compensation that they are obliged to pay in respect of your accident.

Not Contacting the Police

The next thing that you should do immediately after an auto accident (after checking that you have not sustained serious injuries) is to call 911 and contact the police. A police officer writes an official police report, which entails critical information regarding the incident that can be crucial to your claim. Having a police at the scene of the incident helps in preserving the evidence related to the accident, which may play a significant role in the determination of the decision of the case.

The police officers might also take photographs of the accident which may help your auto accident lawyer to prove the negligence of the defendant and help you obtain maximum compensation for your loss and sufferings.

Signing any Document or Giving a Recorded Statement

An individual is usually confused and perplexed after an accident, thus the insurance company of the defendant party may contact you immediately and try to take advantage of the situation by asking you to record a statement or requesting your signature on a document. Always refrain from making any comments or signing any document without consulting your auto accident lawyer as the insurance company could attempt to use it against you.

Learn that you are under no obligation to provide a statement or sign any document after an auto accident, thus under no circumstances, you must oblige to their request without discussing the matters with an attorney.

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 auto accident lawyer.

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Auto Accidents: Distracted Driving – Using Cell Phone While Driving

Auto Accident AttorneyResearch notes of Traffic Safety Facts published by NHTSA revealed that 3,450 people lost their lives due to distracted driving in 2016 alone. Distracted driving refers to performing any activity that diverts the attention of the driver; it includes talking to passengers, eating or drinking, fiddling with the infotainment system or radio – any non-driving activity that takes their eyes off the road. An individual’s safety is always at risk unless they pay complete attention to the road while operating their vehicle.

Types of Distracted Driving

Distracted driving is categorized in three broad categories: manual, visual, and cognitive.

  • Manual distraction – Performing any activity by hand that causes a driver to occupy something other than the steering wheel
  • Visual distraction – Looking around the surroundings or inside the car, or any activity that causes a driver to take their eyes off the road.
  • Cognitive distraction – Taking the mind off thinking about something that may cause a driver to lose concentration of the road.

Using your cell phone while driving is a very dangerous habit that significantly reduces your awareness, as well as your ability to react to sudden stops or upcoming hazards.

Driving While Intoxicated

Using your cell phone while driving gets you involved in all three types of distractions:

  • Visual: Looking at the screen of your cell phone will cause you to lose visuals on the road, preventing you from watching potential dangers and hazards. Imagine driving on a road at 60 mph, a 5-second distraction due to texting means that you covered more distance than an entire football field without watching the road.
  • Manual: Using a cell phone keeps one hand of the driver occupied, which leaves them vulnerable in case of unexpected occurrences, such as a dog running onto the road to a reckless driver suddenly pulling over in front of the vehicle.
  • Cognitive: Concentrating on the conversation on the cell phone or simple navigation also tends to distract the driver and diverts their attention from the road. For instance, if a driver receives a text or an E-mail about tomorrow’s meeting, it may cause a shift in their focus from the road to checking their phone, increasing the probability of an accident.

It is safe to conclude that when it comes to distracted driving, using a cell phone ticks all the boxes of distraction, which may lead to unfortunate consequences. If you have sustained injuries due to an auto accident caused due to distracted driving by someone else, procuring legal services of an experienced auto accident lawyer can be highly advantageous for your case.

A seasoned auto accident lawyer will ensure that your legal rights remain protected throughout the case, allowing you to pursue the claim without stress and difficulties. A competent auto accident lawyer will establish facts by gathering evidence to devise a solid case in your favor, allowing you to obtain the maximum amount of compensation for your pain and sufferings.

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 auto accident lawyer.

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Winter Sport Injuries

Personal Injury AttorneyThe United States hosts some of the finest winter sports destinations around the world. As a matter of fact, there are 425 snow sports areas and resorts all across the USA, as per visittheusa.com, the official travel site of the USA. From skiing, hockey, sledding, to snowboarding, people in the US indulge in various winter activities. However, most of the winter sports come with inherent risks attached to them, and thousands of people sustain injuries while participating in these activities.

If you become a victim of an injury due to the negligence of someone else, you can file a lawsuit against them. However, winter sports injury cases are not dealt like conventional personal injury claims, thus it can be a wise choice to consult an experienced personal injury lawyer before initiating a legal action.

Voluntary Assumption of Risk

The doctrine of voluntary assumption of risk states that an individual who opts to participate in winter sports activities provides consent to the inherent risks that are associated. For instance, if you sustain an injury while skiing and file a claim against the negligent party; an individual, or perhaps the resort, they may use the voluntary assumption of risk as a defense to limit or disregard their liability.

Can I Pursue A Claim After A Sports Injury?

There are some cases where you may be entitled to obtain compensation, despite the voluntary assumption of risks, provided that the hazard that caused you an injury was caused due to the negligence or deliberate act of another individual, kept concealed before the participation, or outside the scope of the inherent risks associated with that particular activity.

For instance, if you are skiing on the expert-level slope and another individual emerges from a blind spot, perhaps from behind a tree, at a high speed, then this is a clear violation of trail rules, hence you might be able to pursue damages if you sustain an injury. This means that the law still gives you a right to obtain compensation for legitimate winter sports injury caused due to the negligence or recklessness, whose scope falls outside the injuries that are typically expected in a particular winter sports activity.

If you or your loved one has sustained a winter sports injury which could have been avoided, you should procure legal services from a reputable personal injury lawyer. A competent attorney will ensure that your legal rights remain protected.

Using their vast experience and proficiency in legal matters, a skillful personal injury lawyer will be able to navigate the intricacies of the law pertaining to sports injuries, which will allow you to obtain rightful compensation for your loss and sufferings.

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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Injuries in the Parking Lot at Work

Worker's Compensation AttorneyWorkplace injuries are a common occurrence in the United States. A report published by the Bureau of Labor Statistics showed that around 2.9 million nonfatal workplace illnesses and injuries took place in 2016 alone. One of the most common work-related injuries is caused due to a slip and fall in the parking lot at work. These injuries mostly occur when an employee is either entering or leaving their workplace. If an employee sustains an injury in an employer’s parking lot, they may qualify for workers’ compensation. However, law pertaining to injuries in the parking lot at work is quite complicated and varies from one state to another.

Injuries in the Parking Lot at Work in Illinois

In Illinois, injuries sustained by an employee during their respective non-working hours i.e. before clocking in and after clocking out are not covered by workers’ compensation. However, there are some exceptions to this rule, and parking lot exception happens to be one of them.

The Workers’ Compensation Act under Illinois law allows recovery for slip and fall accident in the parking law at work. The rationale behind this legislation is that once an employer provides parking space to its employees, it is deemed as part of the employer’s premises.

Contrary to the popular belief, there is no requirement for an employer to own the parking lot. In 1962, The Supreme Court of Illinois passed a ruling that the ownership of parking lot is immaterial and does not play a role in determining whether or not the compensation should be paid.

There is another misconception that an employer must have control over or maintain the parking space. However, that is not the case because as per the law, if an employer offers parking space to their employees which is customarily used by employees, then the employer is responsible for control and maintenance of the parking lot.

However, the outcome of the case is highly dependent upon the circumstances as well. For instance, if an employee is carrying work related equipment or perhaps rushing due to work-related chores, this may also play a crucial role in the final verdict.

If you have sustained an injury in the parking lot at work and are looking to obtain rightful compensation, it can be highly beneficial for your case to acquire services of an experienced personal injury lawyer. Your attorney will protect your legal rights throughout the litigation process.

A seasoned personal injury lawyer will devise a strong case in your favor by establishing facts and gathering evidence related to your claim, allowing you to seek maximum compensation for your pain and sufferings. Using their vast experience and fine negotiation skills, a skillful personal injury lawyer may be able to negotiate a favorable settlement offer, allowing you to skip the tedious process of trial.

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