Posted on

Long and Short-Term Tips for Handling an Auto Accident

Auto Accident AttorneyAuto accidents are one of the leading causes of death and fatal injuries in the US. The NHTSA Traffic Safety Facts show in the crash statistics that every year, about 11 million vehicles are reported to be involved in an accident. Fortunately, a majority of these accidents are minor and only result in property damage. However, it has been found that 1 in 3 car crashes result in injuries of varying degrees to the driver and passengers, while from that figure, 2 out of 10 accidents are reported to lead to life-threatening injuries.

Considering the high number of accidents on the roadways, there is a high probability of an American to be in accident once in their lifetime. In order to cope with the situation, here are some long and short-term tips that you can use to keep yourself safe, and know what you need to do in the following days of the accident.

What to Do Immediately after an Auto Accident

  • Analyze your Situation: You should take a few moments to read the situation before you take any action. First, see if you or the occupants of your car are injured. Then evaluate your surroundings for any imminent threat such as oncoming traffic, fires, and other hazards. Your topmost priority should be safety of everyone involved in the accident.
  • Call 911: Explain what happened to the operator so that a medical emergency team and law enforcement unit is sent to your location.
  • Gather Evidence: After the situation has settled down, use your phone to make a video or take a few pictures of the accident scene. Make sure to cover the scene from different angles so that all the damages you have sustained can be easily seen. This can later be used a piece of evidence to prove your entitlement to compensation if you file a personal injury claim against the at-fault driver.

Make sure you don’t give any statement to the other driver or police that may appear like an admission of guilt.

What to Do in the Following Days of the Auto Accident

  • Medical Checkup: In some cases, injuries do not manifest right away and take a few days or even weeks after the accident to become apparent. It is important that you seek medical attention regularly and do not miss any doctor’s appointments to ensure that you are not exhibiting any symptoms of delayed injuries.
  • Do not Give a Recorded Statement to the Claim’s Adjuster: It is essential to inform your insurance provider about the accident so that the claim process can be put in motion. However, do not give a recorded statement to the claim’s adjuster who is likely to contact you within a day or two of the claim request, without consulting an attorney.
  • Hire an Attorney: Whether you are pursuing a personal injury claim against the driver who is at fault or making a claim on your own insurance policy, it is recommended to have a reliable attorney overlook your case.

Personal Injury Attorney

An experienced auto accident attorney can provide you with skilled legal counsel and make sure you do not make any potential mistakes that can affect your claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Determining Liability in a Sidewalk Slip and Fall Accident

Slip and Fall AttorneySlip and fall accidents can take place practically anywhere – on an uneven sidewalk, a wet surface in a store, or a broken staircase in a commercial building. Injuries stemming from these accidents can result in lasting effects, depending on their severity. When it comes to a slip and fall accident on a public sidewalk, it can be difficult to determine who is liable for your injuries.

According to the Illinois Premises Liability Act, you can file a claim to get compensation when you sustain damages due to negligence of another person or entity responsible for the maintenance of the sidewalk. However, depending on the specific circumstances of your accident, you may face some obstacles in effectively recovering for your damages.

Duty of Care

When a person is injured on a property, the Premises Liability Act enables them to hold the property owner liable for the injury. The basic idea is that the owner should maintain the premises in a way that is responsible. If a person enters the property, the owner owes a duty of care to that person to have no potential hazards that might result in an injury.

The law dictates that if the occupier or owner knows the hazard exists, they should either warn people about it or fix it in a timely manner. In case they are unable to do that, they will be considered negligent and may be liable to pay compensation for your damages. However, merely showing that you slipped and hurt yourself on the public sidewalk will not prove that the property owner or municipality authority was negligent. In order to establish negligence, you need to prove two things:

  • The public sidewalk was unreasonably dangerous
  • The municipality or property owner should have reasonably known about the unsafe condition of the sidewalk

Establishing Liability for Public Sidewalks

In Illinois, generally, municipalities and cities are responsible for maintaining public sidewalks, and hence can be held liable for injuries resulting from a slip and fall accident. However, there are several special rules and laws that protect municipalities from personal injury claims and lawsuits, such as the Local Government and Governmental Employees Tort Immunity Act. In some neighborhoods, homeowners and residential building owners are also responsible for the upkeep of sidewalks.

Depending on the specific circumstances of your case, you may file a claim against a municipality, but you need to work with an attorney who has experience in dealing with state-level claims. In Illinois, the statute of limitations for civil actions against a government entity is 2 years, which means that you will have to work fast in order to start your case. Moreover, unlike a regular personal injury claim, you will have to file a “notice of claim” with the Attorney General and the Clerk of the Court of Claims. This must be done within one year of the incident.

Personal Injury Attorney

If you have been injured on a sidewalk in a slip and fall incident, you should file a personal injury claim to recover damages. It may be difficult for you to determine who is liable or whether you have a case, but an experienced Lake County slip and fall attorney can provide you with skilled legal counsel for your specific situation. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

“Dangerous” and “Vicious” Dogs under the Illinois Dangerous Dog Statute

Dog Bite AttorneyAccording to a study conducted by Michigan State University College of Law, about five million people in the United States fall victim to dog bites every year. Only 800,000 people out of this number have been reported to seek medical treatment for their injuries, while fortunately, only a small fraction of these attacks are fatal.

Since injuries from dog attacks and bites are considered a threat to public health and safety, 39 states, including Illinois have strict laws and special rules in place that put a great deal of emphasis on dog owners to regular their dog’s behavior and train them properly so that they don’t exhibit violent behaviors.

Definition of a Dangerous Dog

A dangerous dog is one that exhibits or engages in actions that put people or animals at risk of injury or death. Here are a few acts and behaviors that can label a dog as dangerous:

  • Injures a human being
  • Kills a human being
  • Is trained or engages in animal fighting
  • Aggressively attacks, bites, or endangers a human being or damages private or public property
  • Bites or injures a person without being provoked
  • Kills or injures a domestic animal, such as livestock, cats, and others, while off the owner’s property
  • Attacks a person in a manner that makes them believe the dog posed a serious threat to that person or another person, even if the injury does not occur – however, actions like growling, barking, or bearing teeth does not count.

Understanding how a Dog Transitions from being “Dangerous” into “Vicious”

The Animal Control Act has classified dogs using terms dangerous and vicious, and there are specific laws surrounding these terms that apply on these owners and their dogs.

Dangerous Dog

A dog showing a tendency that it may bite or injure someone in the near future is said to be a dangerous dog. The Animal Control Act defines a dangerous dog as:

  • A dog exhibiting behavior that would be threatening while it is not on its owner’s property, unleashed, unmuzzled, or otherwise unattended
  • A dog biting or causing a minor physical injury without any justification

For example, a dog that barks at anyone who knocks on the door will not be considered dangerous as it is present on its owner’s property. However, if it jumps on someone on a public sidewalk, it would then be considered dangerous.

Vicious Dog

If a dog causes a serious bite or physical injury to another person, it is declared a vicious dog. According to the Animal Control Act, a vicious dog is one that:

  • Attacks with any justification and causes serious injury or death
  • Has been declared a dangerous dog three times on separate occasions

For example, if a dog attacks a person who harmed it or broke inside a home, its actions will not qualify it as a vicious dog because it was provoked.

Personal Injury Attorney

If you have been bitten or injured by a dangerous or vicious dog, you should consult your case with an experienced Lake County dog bite attorney to see whether Illinois dog bite law applies. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.

Posted on

Staying Safe on Roads this 4th of July in Illinois

Auto Accident AttorneyIndependence Day is just around on the corner, and people around the country are getting ready to celebrate 4th of July with their family and friends. Most of us will be traveling to other counties and states to our loved ones to make the most of this holiday. However, some people take the celebration a bit too far and end up consuming a lot of alcohol. It has been seen that the number of drunk drivers on highways and roads on July 4th spike every year, which consequently leads to more car crashes.

Every year, about 400 people are killed on Independence Day in vehicle accidents. Moreover, 41 percent of total fatalities that take place on this day involve alcohol impairment. Given the statistics, it is essential to educate yourself and people around you about the dangers of drunk driving and knowing safety tips to avoid any mishaps on this 4th of July.

Avoid Drinking and Driving

One of the leading causes of traffic accidents during holidays in the US is drunk driving. A study by Mothers Against Drunk Driving showed that over 300,000 Americans were injured in 2013 as a consequence of drinking and driving. A major portion of auto accidents took place around the Independence Day weekend, and it was found that alcohol was the one of the contributing factors.

To avoid putting your and the safety of others sharing the road at risk, make sure you remain sober if you are planning to drive. If celebrating the holiday with alcohol is part of your plan, be sure to arrange a cab or Uber, or designate a driver who remains sober to drive you back home.

Account for Extra Travel Time

It is common during national holidays for individuals and families to spend the weekend with their loved ones residing in other parts of the state or country. This means that there will likely be more traffic on roads than usual, resulting in increased travel times. Instead of aggressive driving or road raging, try to be patient and remain calm. It is best to account for the extra travel time when making plans so that you do not fall behind schedule and feel the need to drive over speed limits.

Celebrate the Holiday at Home

The surefire way to avoid accidents and stay safe this 4th of July is to stay put and host a party at your place. Calling over a few friends and family members at your home for celebration is still fun – the best part is that you will not have to worry about designating a driver or being at risk of drunk driving.

Personal Injury Attorney

Attorney Robert T. Edens, P.C. wishes a happy and safe 4th of July to you and your family. However, in case you are involved in a car accident, you should contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule a consultation and evaluate your options.

Posted on

Aggressive Driving – What Is It And How To Cope With It?

Auto Accident AttorneyAggressive driving has become a serious issue, in which drivers willingly put their own safety and of others sharing the road in jeopardy. There have been repeated incidents of aggressive driving leading to traffic accidents, resulting in fatal injuries and even death. Over 11,000 people die every year from auto accidents caused by aggressive driving in the United States, according to a report by the National Highway Traffic Safety Administration. Moreover, the injuries and deaths from these crashes are costly as well, costing nearly $40 billion to the nation annually.

It is important to understand what is aggressive driving and what you can do to avoid it to ensure the safety of everyone on the road.

What is Aggressive Driving?

Aggressive driving can be described as a combination of traffic offenses that an individual commits resulting in a threat to another person’s life or property. Generally, it is caused by traffic congestions, irritation from extreme weather conditions, long commutes to work, and behaviors to other drivers. Moreover, an individual’s reactions, moods, and ability to manage stress while driving and off road can contribute to aggressive driving.

This type of dangerous driving involves actions or behaviors, such as:

  • Speeding: Exceeding the posted speed limit for a particular area, or going over a safe speed in difficult road conditions, such as inclement weather, construction sites, and others. It also includes racing.
  • Tailgating: Getting too close to the vehicle in front and making signals, like flashing or honking, to make them go faster or pressurize them to switch lanes to get out of the way.
  • Road hogging: This practice refers to abruptly and frequently changing lanes by making close cuts in order to get ahead.
  • Expressions exhibiting anger: This includes screaming, abusive hand gestures, and yelling at drivers and others sharing the road.
  • Failure to obey traffic rules: This includes running red lights, speeding on the yellow light, not giving the right of way, and others.

Most people use the terms aggressive driving and road rage interchangeably. However, both are quite different. Acts and behaviors, such as flashing lights or honking in the middle of traffic or expressing anger using abusive language, come under aggressive driving, which only increase the chances of an accident and are not illegal to do. On the other hand, road rage refers to a criminal act where a driver makes an attempt to intentionally kill or injure another driver or passenger.

Ways to Handle Aggressive Drivers

  • Avoid Getting Involved: If an aggressive driver is making rude gestures and abusive remarks, you need to ignore them, refrain from making an eye contact, and let them pass to avoid confrontation.
  • Give way: If an aggressive driver is speeding up or tailgating or exhibiting signs to race, you need to put the temptation and your pride aside and let them pass to avoid increasing the chances of an accident.
  • Call the Police: If the aggressive driver is being too rash, it is better to call the police and report them. By doing so, you may be able to save several lives.

Personal Injury Attorney

Have you been injured by an aggressive driver in a car accident? You should make a personal injury claim and get the compensation you deserve for your damages. 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 attorney.

Posted on

Determining Liability in Wrongful Deaths by Police in Illinois

Wrongful Death AttorneyLaw enforcement officers have been given great power to exercise their duties for maintaining law and order. However, there have been too many cases where police officers went overboard and mishandled the situation. While enforcing the law they have been given qualified immunity, but they can be still be held liable for their actions resulting in wrongful death of an individual. So, if your loved one is a victim of misconduct, use of deadly force, or any other action, you can sue the police officer under the Illinois Wrongful Death Act.

Jurisdiction: Making a Federal or State Claim

The surviving family may seek a federal claim that the police officer violated the civil rights of the victim. They may also make a state claim where they may establish that the police officer acted with malicious intent or negligently, causing their loved one’s death. In certain situations, the plaintiff may make both federal and state claims.

For example, if a police officer recklessly drove through a sidewalk while they were in a pursuit to catching a suspect, there is a chance that they may hit and fatally injure a pedestrian, resulting in death. In such a situation, the most suitable way forward would be to make a state claim, however, a federal claim can also be made to allege the officer for using excessive force, which is in direct violation of the Fourth Amendment.

Determining Willful and Unreasonable Conduct

Law enforcement officers are generally safe from lawsuits because of the nature of their job. They are provided with qualified immunity so that they are able to carry out their responsibilities without hesitation and fear of being sued by people, who may get injured as a result.

Typically, a wrongful death lawsuit is filed when the negligence of a person or entity caused death of another individual. However, due to the qualified immunity, the bar has been set high for the negligence to be considered as police misconduct. This means that the failure of an officer to exercise due care is not enough to hold them liable – the conduct must be unreasonable and willful.

A majority of cases for wrongful death against the law enforcement officers involve the use of excessive force. However, whether the use of force by the officer was reasonable is based on several facts and specific circumstances. They are authorized to use a limited amount of force to capture or restrain a suspect, but if your attorney is able to prove that the force used was unreasonable considering the circumstances, you may be able to recover damages.

It is important to issue a notice of your claim to the police or the local government governing the department before you can start working on a potential lawsuit. It must be given within a specified time period after the death of the victim.

Personal Injury Attorney

Wrongful death cases involving law enforcement are complicated and very difficult to prove liability. If you think that your loved one died because of unreasonable conduct of a police officer, you should discuss your case with an experienced and reliable wrongful death attorney. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Workers’ Compensation Benefits for Carpal Tunnel Syndrome

Workers Compensation AttorneyAccording to the US Bureau of Labor Statistics, carpal tunnel syndrome (CTS) is one of the most widespread occupational diseases. It is a type of repetitive trauma disorder, which affects people who perform a great deal of work with their hands. Fortunately for workers, this occupational disease is covered under the workers’ compensation law of Illinois, meaning that they are eligible to receive benefits for treatment.

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is a medical condition that affects the median nerve that extends from forearms to the palm. This nerve gets compressed and hinders its capability to effective control thumb and finger movement, and also affects certain sensations of the fingers and palm. People suffering from this disease experience the following symptoms:

  • Diminished ability to grip
  • Diminished strength in the hand
  • Stiffness in the fingers when waking up from sleep
  • Itching, numbness, burning, and/or tingling in the fingers and palms
  • A sensation of swelling in the fingers, although they are not actually swollen
  • In extreme cases, thumb muscles can waste away

This occupational disease generally develops over time, and can be a result of numerous factors, the most common being regular repetitive movements. It can happen from a single traumatic event as well.

Occupations with High Susceptibility of CTS

People who are engaged in work activities requiring repetitive hand movements are at a higher risk of carpal tunnel syndrome. It has been most commonly reported in employees of the following occupations:

  • Assembly line
  • Construction
  • Fabrication
  • Factory workers
  • Healthcare
  • Mail service
  • Manufacturing
  • Office workers

More and more cases have been linked to people who work extensively with computers and their work involves typing on keyboards.

Making a Workers’ Compensation Claim for CTS in Illinois

Since CTS has an adverse impact on a worker’s ability to perform their daily duties and leads to the inability to work, it is covered under workers’ compensation benefits. When a worker reports this disease to their employer and seek medical treatment, they are required to inform the medical care provider that this condition is work-related in order for the facts to be documented in the medical records. Some workers may have certain intrinsic risk factors for CTS, such as diabetes, obesity, or smoking, but they may still qualify for workers’ compensation benefits as long as the primary causative factor for the condition is work-related.

Many insurance providers tend to deny claims pertaining to carpal tunnel syndrome, for which workers may have to seek legal counsel to ensure they are able to collect workers’ compensation benefits. Moreover, since CTS sets in gradually, most people are confused and unclear as to whether they may be eligible for workers’ compensation for this type of condition. This is another reason as to why you should consider talking to an experienced workers’ compensation attorney to evaluate your situation and learn about your legal options.

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.

Posted on

Car Accident with an Expired License? Here Is What You Should Know

When was the last time you checked the expiration date on your driver’s license? In most cases, people forget about when their driver’s license will expire and continue driving until they are pulled over only to find out that they were driving with an invalid license. As a result, you will face penalties and fines and will have to renew your license.

But what if you are involved in an accident during this time?

Things can get more complicated and you may face serious legal consequences, especially when the accident is your fault. In addition to legal charges, you will find yourself in more trouble because this will void your auto liability insurance policy as well.

What Happens When You Don’t Have a Valid License in an Accident?

The following explains how your situation may progress when you are in an accident without a valid driver’s license:

  • When the police arrive to investigate the situation, they will ask each driver to show their driving license. Upon learning about the expiry, the police will issue a ticket for driving your car without a valid license.
  • After investigations have been completed, you may be presented in front of a judge, where you will be asked to produce reasons for not having your license renewed in a timely manner.
  • If the accident was caused by the other driver, you may be able to recover some damages by making a claim on the responsible party’s insurance policy.
  • On the other hand, if the accident was caused by your negligence, the situation can go into a downward spiral for you. As mentioned earlier, your insurance policy will become nullified, and you will have no choice but to pay the damages of the other party from your pocket. Aside from this, you will face fines and penalties as well.

What You Should Do at the Time of the Accident

When you are at fault and don’t have a valid driver’s license, you need to be careful about the next steps you should take in order to keep the situation from getting worse.

  1. Stay at the Accident Scene
    After an accident, most people think that it is better to escape rather than wait for law enforcement to arrive at the accident scene. However, the odds of you fleeing successfully without anyone or anything seeing you are very low. There are high chances that there are traffic cameras nearby or someone noted your vehicle’s registration number. If you are caught later on, the punishment and fines will be much harsher. It is best to stay and call the emergency services and police.
  2. Explain What Exactly Happened
    Lying is not really an option in such situations. Since there are bound to be witnesses or cameras that have recorded the whole scene, the truth will likely come up during the police investigation. It is better to stick to the facts, explain what happened truthfully, and avoid any argument.
  3. Hire an Auto Accident Attorney
    Your next step should be to get in touch with an experienced Lake County auto accident attorney and discuss your legal options. While you will have to pay fines, penalties, and damages to the other driver, your attorney will protect your rights and work to ensure that the legal consequences are minimized.

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.

Posted on

Why It Is Important to Report Minor Damage After an Auto Accident

Auto Accident LawyerEvery day, hundreds of vehicle accidents occur in the United States where the damage to either the vehicle or the driver is insignificant. To avoid the lengthy process of making a claim to the insurance policy, both drivers tend to settle matters between them and decide not to report the accident.

For example, you got involved in a fender bender where the other driver was at fault, which caused little damage to both of your cars, but no one was injured. The at-fault driver makes you a deal that they will pay you for the damages if you do not report the incident to the local law enforcement department and not make a claim. You think it is a good way to avoid hassle and exchange contact information to provide the other driver an estimate of the repair costs.

But is it the right thing to do? If you see the situation from a contractual viewpoint, the answer is no. Almost all car insurance policies have a clause that makes it mandatory for you to report all types of accidents to the insurance company regardless of the extent of damage and injury.

Minor Damage can Take Form of Serious Injuries

Whether you have been involved in a fender bender or your car sustained a cosmetic damage, it is highly likely that you had to spot your vehicle abruptly to avoid more damage. In such a situation, your body may have suffered a jerking effect, either backward and forward or side to side. This can result in back injuries, neck injuries, head trauma, lacerations, cuts, whiplash, and other injuries, no matter whether the vehicle sustained any major damage.

Some injuries do not manifest right away, and may take some hours, days or may be weeks to surface. So, if you did not suffer from any injury and your vehicle was just scratched, there is a chance that you start experiencing symptoms of serious injuries. It is essential to report every incident and see a doctor right away to get full assessment of your health. This will allow you to know whether you sustained any internal injuries, like a head trauma or concussion.

If you do not get medical treatment immediately and report the incident, you will not be able to make a claim on the insurance policy of the at-fault driver to get compensation for your injuries. This is because you will have no evidence to support your claim that your injuries were related to the accident.

When Reporting Damage is required by Law

There are times when you are legally responsible to report a crash no matter the degree of property damage and injuries. You must report the incident, if it involves:

  • Death or injury
  • A government vehicle
  • A criminal act
  • Unlicensed or uninsured drivers
  • Bicyclists or pedestrians
  • A vehicle transporting illegal or dangerous goods
  • Damage to highway, municipal, or private property

Personal Injury Attorney

If you have been involved in an accident regardless of the degree of damage, you should report it to the authorities. Talk to an experienced and reliable auto accident attorney to discuss your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

What Is Meant by Deposition in a Personal Injury Case?

Personal Injury AttorneyIn any litigation case, expert and witness depositions are critical to the discovery phase. They have a high influence on the final outcome of wrongful death, workers’ compensation, and personal injury cases. It is essential that you work with a personal injury attorney to ensure that depositions are taken and presented in the most effective way to get favorable results of your case.

What is a Deposition?

In a deposition, a person, usually a witness or expert, is required to give a sworn testimony under oath during the discovery phase of a lawsuit. Typically, it is given in the presence of a court reporter so that a record of it is made to be used further in the case. The person is made to attend the deposition with the help of a subpoena. Just like a trial, an attorney asks questions related to the case to the deponent, but in the absence of a judge or jury. The deposition may also be admissible in court in certain situations.

How Depositions help an Attorney?

A deposition allows an opposing party to learn factual information pertaining to the case. The questions asked during the process are most important to an attorney as they serve multiple purposes. They allow the attorney:

  • To obtain specific information about the case at hand
  • The kind of impression the deponent will likely to make in front of a jury
  • To determine the weaknesses and strengths of the case
  • To evaluate how the statements can be used in court to help in questioning a witness during the trial phase
  • To find out when and how the injury may have occurred

What Happens in a Deposition of a Personal Injury Case?

Before a deposition, you or your attorney is required to give a notice to the deponent about holding a deposition. There are no rules and regulations regarding the location of a deposition, and it can take place almost anywhere suitable for both parties. In a majority of the cases, depositions are held at a court reporter’s office or the law firm office of the questioning attorney. A court reporter must be present during the entire deposition so that everything can be recorded. The costs of the court reporter are paid by the party holding the deposition.

During the deposition, one attorney is allowed to ask questions, but there can be another attorney for cross-examination. At the time of questioning, the other attorney has the right to object, but since there is no judge present to rule on the objections, they are noted by the court reporter and the deposition continues. The deponent is required to answer all questions. However, there are very limited circumstances where the deponent may choose not to answer the examining attorney.

Personal Injury Attorney

If you have received a subpoena to be a deponent in a deposition, you should ask a personal injury attorney to walk you through the process and the general provisions to avoid any legal implications. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.