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How a Personal Injury Lawyer Can Help Establish Product Liability

Product Liability AttorneyEstablishing product liability can be quite an arduous task as there are multiple conditions you need to meet in order to build a solid case against the company. Product liability is primarily the legal liability a manufacturer or trader incurs for producing or selling a faulty product which causes injury to the consumers. In order to substantiate and validate a claim of product liability, the injured party must prove that the injury was caused by a defect in the product. Furthermore, it is also required to prove that the person was using the product in the way it was meant to be used in order to establish product liability.

Why do you need to establish product liability?

Many people sustain injuries when using defective products and have to suffer pain along with hefty hospital bills. People even lose their lives using defective products. According to the Consumer Product Safety Commission, the injuries and damage caused by defective products cost Americans over $700 billion dollars every year.

In order to compensate for your injuries and pain that were caused by a defective product, it is imperative to file a claim and establish product liability in a court of law. From faulty breaking or safety mechanism in automobiles to unhygienic food, there is a whole range of products which can cause you or your loved ones injury and harm. So, in order to be compensated and to ensure that it does not happen to other people, it is vital that you file a claim and establish product liability.

How can a personal injury lawyer help you with it?

As mentioned at the beginning, establishing product liability can be quite tricky, which is why most people consult an experienced personal injury lawyer. An attorney would be able to determine the strength of your claim and present it in court in a way that would support your case. Once product liability has been established, you would be eligible to receive compensation from the company for the injuries and harm caused by their faulty product.

Most product liability claims pertain to issues such as breach of warranty, negligence, and strict liability. Each of the aforementioned issues requires different elements to be proven in the court. Simply proving the defect in the product and relating it to the injury sustained requires evidence and documentation.

Personal Injury Attorney

For more information or to schedule a free consultation, contact The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to speak with an experienced attorney on this topic.

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5 Common Mistakes People Make When Involved in an Auto Accident

Auto aAuto Accident Attorneyccidents are a common occurrence due to number of vehicles on the roads driven by unruly and inept drivers. Over 2.3 million people are injured or severely disfigured due to auto accidents in the U.S. alone. In most instances, people are uninformed and do not know what to do while dealing with auto accidents they have been involved in. Because of this, people make mistakes which further complicates or worsens the situation.

Here are 5 common mistakes people tend to make in the aftermath of an auto accident:

1.

Failing to inform the authorities

– the very first thing you should do after being involved in a car crash is to call the police and emergency services. The presence of police helps in testifying the actual events which lead to the accident and proper documentation of the injury and damages sustained by you are recorded by the police. These documents are extremely vital if you are going to file a lawsuit to seek compensation. Failure to call the police weakens your claim from the very beginning.

2.

Confessing or admitting fault

– in the heat of the moment and the confusion that ensues in the aftermath of an accident, people tend to admit their fault even if they aren’t actually to blame for the accident. A simple apology can be used against you when you file a claim for compensation for the damages to your car or the injuries you might have sustained.

3.

Failing to exchange contact or insurance information

– in most circumstances, people tend to overlook the importance of acquiring insurance information from the other people involved in the accident. It is extremely important to get the contact details of the person and vehicle information. This information plays a vital role in personal injury claims and without it, you won’t have a case at all.

4.

Taking too long to file a claim

– it is extremely important to file a claim right after the accident. Once the time has passed, it may become difficult to establish the facts of the case to substantiate your claim. Furthermore, if you wait too long the statute of limitations might run out barring you from filing a claim at all.

5.

Not consulting an auto accident lawyer

– people often underestimate the value of legal advice.Most personal injury lawyers offer free advice which helps you can determine whether you need to hire a lawyer or not.

Avoid making these mistakes to ensure that you have a valid claim if you are involved in an auto accident. If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens right away at (847) 395-2200 to speak with an experienced personal injury lawyer.

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What is Premises Liability and How Can It Be Established?

Premises Liability AttorneyPremises Liability is a commonly used term for the responsibility held by the property owner for any injuries or damage sustained by other people on their property. Establishing liability helps the courts ascertain who should compensate the injured party in case of an accident. Although, simply getting hurt on someone else’s property does not automatically establish premises liability. There are certain conditions stated in the Premises Liability Act which need to be met in order to establish premises liability.

As the core purpose of establishing premises liability is to seek damages to compensate for the injuries incurred by the person, time is of great importance. Therefore, most people tend to acquire the services of a personal injury lawyer in order to build a strong claim to get swift justice.

What conditions do you need to meet in order to establish Premises Liability?

In order to establish premises liability, you need to meet three basic conditions:

  • The first prerequisite is the duty of care. Demonstrating and establishing that the property owner had the legal responsibility to ensure that their property is safe and does not cause harm or injury is the foremost element of any personal injury claim.
  • Once you have established the legal duty, you need to prove the breach of duty by the defendant conclusively. The negligence for fulfilling the duty to ensure safety can be reflected through lack of preventative measures. Failure to maintain a safe environment can also be construed as a direct breach of duty. As most of these cases involve slip and fall incidents, lack of maintenance of floors and subpar flooring material is often used to establish a breach of duty.
  • Lastly and most importantly, you need to connect the breach of duty to the injury incurred by you. It is extremely significant to prove that any injury or harm incurred by you was directly caused by the breach of duty. In most cases, it becomes quite difficult to connect the breach of duty with the injury or harm you have sustained as the defense lawyers try to suggest other reasons or factors for your injury. An experienced slip and fall lawyer might help you subvert the counter-arguments made by the defense and establish the connection between your injury and the breach of duty in a convincing manner.

To get further information on this topic or to schedule a free consultation, contact The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to speak with an experienced attorney.

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Are Your Loved Ones A Victim Of Nursing Home Neglect And Abuse?

Nursing Home Negligence AttorneyElders are usually sent to live in nursing homes if they are too old to live alone, can no longer take care of themselves, there is no one available to take care of them or if their families can’t afford to hire a private nurse to look after them. However, is it safe to send your parents or grandparents to live in nursing homes?

Nursing home abuse and neglect are not uncommon despite the strict measures being taken by the government, activists and families of the patients. We don’t mean that every nursing home is unsafe, careless and abusive, however, you need to monitor the behavior and signs of possible abuse and neglect, just in case.

Who are easy targets for nursing home abuse and neglect?

While there is no particular profile as to what kind of people might be the target of nursing home abuse or neglect, there are some elders who are much easier targets than others, for example:

  • People with dementia, Parkinson’s, Alzheimer’s or other memory disorders and diseases
  • Elders who don’t have regular visitors or living relatives

What are the signs of nursing home neglect?

You can’t hire a nursing home neglect lawyer or medical malpractice lawyer just on a hunch. You need to identify the signs of nursing home neglect abuse and then take action accordingly.

  • Unusual bleeding, bruising, abrasions and burns
  • Open or unattended wounds, cuts and bed sores
  • Frequent infections
  • Poor hygiene, soiled clothes, smells and stained bedding
  • The disappearance of the patient’s personal items
  • Unusual financial transactions and withdrawals

When can nursing home neglect be considered medical malpractice?

Nursing house neglect may often times include medical malpractice as well; and if you plan to sue the nursing home for their careless behavior and negligence then you must know the true extent of the issue, which might also include the medical malpractice.

Errors in giving patients the right prescription drug (incorrect quantity, timing, etc.), having a poorly trained staff to deal with medical emergencies, misusing medical restraints, unsanitary conditions, dirty equipment, patients suffering from malnutrition, not monitoring the patients’ health, failing to report their complaints and medical issues to a doctor, all fall under the category of medical malpractice.

Relatives, friends and loved ones of anyone admitted to a nursing home needs to look out for these signs of neglect and abuse. If any of these signs are present then you immediately need to hire a nursing home negligence lawyer or medical malpractice lawyer.

For more information or to schedule a free consultation, contact The Law Offices of Robert T. Edens, P.C. today at 847.395.2200 to speak with an experienced attorney on this topic.

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How Not To Get Into An Auto Accident

Auto Accident AttorneyAuto accidents are caused due to a number of reasons and can have wide-ranging ramifications. The outcome can range from a broken tail light, to a serious injury and even death if help doesn’t arrive on time. Having health and car insurance in such cases will help you if you get into an auto accident; they might not lessen the pain or trauma, but they will help pay for the car repair and hospital bills. If your insurance doesn’t cover the damages, or the accident was your fault and the other driver is taking you to court, then it’s time to start searching for good car accident lawyers.

How Can You Avoid Auto Accidents?

There are ways you can avoid auto accidents that might be caused because of your own negligence or any other factors. Just be careful about the following things:

  • Find out the road rules, traffic guidelines and laws of the state and stick to them. For example, if you drive below the assigned speed limit or above it or take a sharp cut at an intersection, then your car is likely to collide with another car thereby causing a serious auto accident.
  • Driving under the influence or if you drive with a blood alcohol level higher than that is permitted by the law, then your reflexes and vision will be somewhat impaired. This can lead to a serious accident.
  • Speeding is not an option even if you are late for work. Try leaving your home on time to avoid situations where you are tempted to speed. Speeding more times than not, leads to car collisions that can have life-threatening effects.
  • Never multitask while driving – Applying makeup, eating, texting or reading while driving is a huge distraction and negligence on a driver’s part that can lead to distracted driving accidents. Taking your eyes off the road or not hitting the brakes on time can cause a huge mess, so beware.
  • Running red lights is a serious traffic violation that causes multiple accidents. If you run a red light, a car coming from the other side of the cross-section which might not have anticipated this, will collide with your car.
  • Get a fresh set of tires, if your old ones have become bald, to avoid your cart from skidding which might result in an auto accident.
  • Driving in the rain can be a challenge too since there is little visibility and slippery roads. It is better to avoid driving under such conditions, and if you do, then drive with your headlights on at full-beam, keep your speed slow and be extra careful. If your wipers aren’t working properly then avoid driving in the rain at all costs.

These were the most common reasons that could lead to an auto accident. Therefore, if you want to avoid having to hire an auto accident lawyer, then follow these instructions and drive safely.

Personal Injury Attorney

For more information or to schedule a free consultation, contact The Law Offices of Robert T. Edens, P.C. today at 847.395.2200 to speak with an experienced attorney on this topic.

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Dealing with the Aftermath of an Auto Accident

Auto Accident AttorneyAuto accidents are a common occurrence in every part of the world. Since an auto accident is an event you certainly do not wish or expect to deal with at any point in your life, most people do not prepare themselves to deal with it. At times, where precious lives are lost it’s almost impossible to prepare yourself for that big of a loss. Regardless, automobile accidents still occur on a daily basis so in case you are involved in one, it’s better to be equipped to deal with the aftermath of the accident.

What to Do If You Are Involved in An Auto Accident

The first thing you need to do is check whether you are okay, then get out of the car and move to a safe place off the road. Secondly, if you are traveling with other people help them out if they are hurt. Call the emergency response team and the police immediately. Emergency service personnel are better equipped to deal with accidents where there are severe injuries, so it’s better to let them handle the situation.

There are some minor mistakes people make in the aftermath of the accident they were involved in which diminish the strength of their subsequent insurance claim. Therefore, it is imperative that you do not make any mistakes. Most common mistakes made by people include admitting fault and taking responsibility. Do not make any rash statements or decisions. Contact your insurance company and an attorney as soon as you can. Furthermore, recording a video or documenting a picture of the accident scene can also augment your case.

How to Get Reimbursed for Injury or Harm Caused by Auto Accidents

Due to the different nature of every accident, the processes involved in getting your insurance claim approved vary. The first thing that needs to be established is liability and once that has been done, the cost of damages incurred is calculated. In order to get compensated for the loss and injury you may have suffered from an accident you need to build a solid claim. An experienced auto accident lawyer or personal injury lawyer is your best bet, as they deal with such cases every day.

Personal Injury Attorney

So, if you find yourself or any of your friends/family involved in auto accident, ask them to follow the aforementioned tips and consult an experienced Auto Accident Attorney by calling at (847) 395-2200 or by dropping an email at redens@rtelegal.com.

 

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How a Lawyer Can Help You with Winter Sports Accidents

Personal Injury AttorneyWith the month of March bringing warmer sunnier days to the slopes, the peak season of skiing is upon us. Even though skiing is an amazing way to completely enjoy the outdoors in the winter months, so are all other winter sports. Most of these are inherently dangerous activities. One should be very careful and in control when on the slopes, lest you hurt someone gravely.

Earlier in the winter season, a high school student succumbed to injuries received due to a sledding incident that occurred at the Maine ski resort. The National Ski Patrol along with the National Ski Areas Association have collaborated to develop the ‘Your Responsibility Code’ for the safety of skiers.

Some Common Winter Sports Accidents can comprise of the following:

  • Falling from a chairlift
  • Collisions with external objects, for instance fences, barriers, signs, trees and debris
  • Collisions with other guests
  • Accidents due to failure of equipment
  • Accidents because of poor instructions by an expert instructor

Here is What the Law States about the Winter Sports Accidents:

The very first issue which victims of winter sports injuries might come across is what might be known as the “assumption of risk” principle. According to this principle, winter sports such as skiing and snowboarding have a serious risk of injuries to all the participants. Moving in a fast pace down the slippery hillside leads to a greater chance of injury irrespective of the circumstances.

On the other hand, the “assumption of risk” does not necessarily account for all the unknown factors or the numerous factors out of the norm. For example, a winter sport participant might have an idea that the resort is going to have numerous other guests who might have to be avoided when you ski down the slope. Nevertheless, they are not going to have any idea that a kid is going to sit down in the middle of the slope, leading to an unavoidable obstacle constituting grave injuries.

In this hypothetical example, parents of the child could be possibly held accountable for their neglectful behavior in jeopardizing a fellow guest. In other situations, the resort itself lets exposed rocks and/or roots lie along what ought to be a well maintained slope, leading to uncommon risks which the injury victim might not have been able to predict or assumed to be there.

Personal Injury Attorney

For more information or to schedule a free consultation, contact us online or call (847) 395-2200 to speak with an experienced professional on this topic.

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Common Myths of Auto Accident Injury Cases

Auto Accident AttorneyDid you know that nearly 1.3 million people die in car accidents each year? It goes without saying that people are usually unable to predict the outcome of an auto accident injury case. Thus, whether it is your or your relative’s past experience, one thing that is important to understand is that an auto accident lawyer takes on cases and are different from state to state. In addition, it is also surprising to know how different auto accident laws are when compared to other types of law in the country. Therefore, predicting outcomes of auto accident injury cases is impractical. Here, we have compiled a list of myths that are associated with this unique area of law:

Myth # 1: Auto injury laws are same across all states

This is not true. The reason is because insurance rates are different from state to state and are usually regulated by state run agencies. This is why you are required to buy liability insurance in some states, while other do not need it. Some states in the country have at-fault laws while other have no-fault laws. It all depends on where you are living. All these claims and factors play a crucial role in determining the outcome of an auto accident injury case including appeals, jury verdicts and offers.

Myth # 2: Collecting pain and suffering damages from being in pain

This myth was long associated with auto accident law as some states in the country require the accident victim to first pass before they plan to recover non-economic (pain and suffering) damages from the incident. Therefore, being in pain does not mean you are liable to collect damages or receive compensation beyond the ‘obvious’ economic damages including medical bills and lost wages. Some states have specific requirements and if you are looking to be eligible for non-economic damages, the victim should be suffering from any of the three types of injuries:

  1. Death

  2. Serious impairment of body function

  3. Permanent serious disfigurement

Myth # 3: Severe injuries lead to million dollar settlements

Many people believed that an auto accident lawyer can help them win million dollar settlements if they have severe injuries after the incident. However, this is not the case as there have been many instances where the case has been closed with zero compensation for people who had serious, life-altering injuries.

Personal Injury Attorney

We understand that there are many interpretation of auto law in the country and are available to ensure that you understand it before taking an action. You can contact us at (847) 395-2200 or drop an email at redens@rtelegal.com to learn more about auto accident injury cases.

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Avoiding Mistakes After an Auto Accident Maximizes Your Insurance Claim

Auto Accident AttorneyAuto accidents in Illinois are often unexpected and costly. Although you can never truly prepare for the unexpected, you can avoid the common mistakes that people make after the accident. These mistakes are what causes people to lose money on their insurance claim and settle with a lower compensation for their time and monetary loss that occurred due to the car accident. Here are some common mistakes that you must avoid:

Not Calling Police

An accident may not appear to be dangerous and the other motorist may tell you that they have you covered for the loss. This should never deter you from calling the police and ensuring that the accident is properly recorded by the local sheriff’s department. The police often collect evidence on site after an accident. Your auto accident lawyer can then obtain this evidence to ensure that you can maximize your insurance claim and not get affected by insurance adjusters that often put the blame on you.

Not Obtaining Evidence

You can obtain some necessary evidence if you are in an auto accident. Taking pictures of the accident scene and the involved cars will allow you to equip yourself with the knowledge that you need to beat the insurance adjuster who will always come with a low number to pay you the minimum amount for the accident. You can take pictures using your phone and save the contact numbers of witnesses. This will ensure that you have the right tools for maximizing your insurance claim.

No Medical Checkup

If you have suffered even a minor injury due to the accident, it is important to get medical help and ensure that your injuries are on the record. It is common to suffer cuts and bruises in auto accidents that can stop you from working in a normal manner. Remember, insurance companies do not believe your word for sustaining injuries. They will only pay the required compensation if you can show proof that you received treatment for your injuries.

Not Asking for Insurance Information

You should obtain the insurance information of the other driver involved in the accident. Check if the insurance is valid. If it has expired, never believe that they have a recent card at home, as chances are that they are driving without insurance. Recording these details will ensure that you do not have to pay for all the repairs and the medical bills, when they need to be paid by the insurance of the other driver.

No Legal Help

The biggest mistake that you can make is not hiring an auto accident lawyer. This can cause you to be intimidated by experienced insurance adjusters who are quick to find faults with you and your documentation to ensure that the company only pays you the minimum possible amount for your loss in an accident.

Personal Injury Attorney

You need to get an experienced auto accident lawyer in Illinois to avoid these mistakes that we have mentioned. 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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Compensation for Injuries on the Job

Workers' CompensationIf you work in a tough environment and are often exposed to risky elements, you may suffer a workplace injury. Such an injury means that you lose significant time on the job, need expensive medical treatments, and may become unable to perform to your maximum capacity. What you need to obtain workers’ compensation for all your expenses and mental stress. Here, we first describe the law in Illinois and how hiring a workers’ compensation lawyer can help you fight for the best compensation:

The Illinois Law

The Law No. 820 ILCS 305/1 describes the workers’ compensation act in Illinois. It describes that any corporation, or business owner is responsible for paying for their employees in a situation where compensation may apply. In fact, the business must pay compensation for workers who may come under the contractors on a project, although it can later recover the payment from the relevant contractor. If a worker is being loaned out to another company, then its employer is still liable for paying compensation benefits and payments if the borrowing company does not pay the relevant monetary dues. The workers’ compensation act is valid if the contract was established within the state of Illinois, regardless of the place of work.

An employee sustaining injuries at work must show that they occurred during their employment. An employer who pays an injured employee under the details of this act can remain excused from other trials, if the employee is not contesting the payments. A contest from the employee will be resolved by a commission or an arbitrator whose decision will be final in this regard. The employer cannot present a defense that the injury was caused by a co-worker as the prima facie of providing a safe environment lies on the employer.

Hiring Legal Help

The law in Illinois is detailed but it can be hard for a normal person to understand whether they are receiving the best compensation for injuries sustained at their job. Hiring a workers’ compensation attorney ensures that you are covered by the relevant part of the Illinois laws and can receive maximum compensation that you need for providing these benefits:

Relaxed

As a worker, you can relax once you have hired a workers’ compensation lawyer who will fight hard on your behalf. You can focus on recovering from the injury that you sustained and work to get out of the mental trauma that you may have faced due to a workplace injury.

Monetary Benefit

A workers’ compensation lawyer is fully aware of the state laws that apply to your workplace injury. They discuss the problem with your employer to make sure that you receive the ideal monetary benefits for your loss of work. You can also receive the best compensation for obtaining medical help and ensuring that you fully recover to once again at your optimum capacity.

No Friction

Hiring an attorney to represent your case means that you do not personally create any friction between yourself and the management of your company. The problem is often resolved through discussions performed by lawyers from both sides, giving you a great chance to avoid friction in your workplace.

Personal Injury Attorney

Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.