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Sue or Settle – Which Option is Better after an Auto Accident?

You were in an auto accident and were badly injured due to the mistake of the other driver. Luckily, you were taken to the hospital right away, and are now on your way to recovery. The doctor has prescribed several weeks of bed rest before you can get back to work. But, your mind is riddled with the worry of mounting hospital and therapy bills and costs of medications.

A terrifying scenario, isn’t it?

If you are faced with such a situation, you have two options at your disposal: either you file a lawsuit and sue the other driver, or settle the matter by negotiating a claim to receive compensation for your losses.

But how can you choose the better of the two options?

If you go with settling matters outside the court and let your insurance company handle the case, there are chances that you may not get enough money to cover even your medical expenses. In such a situation, your best bet will be to sue the other driver. However, taking the case to the court will require you to hire a reliable auto accident attorney, who will charge you for their services.

Nevertheless, here are some important things that you should ponder over to come down to a final decision.

Total Cost of Damages

First, you should evaluate and make an estimate of all the economic and non-economic damages that you have incurred. Economic damages include medical expenses, property damage, missed work wages, etc. Non-economic damages include emotional distress, trauma, pain and suffering, loss of family relations, etc. The goal of estimating the damages is to get an idea of what is the least amount you should receive from either of the two options.

Note that most of the times, non-economic damages are not paid through insurance claims.

Insurance Companies vs. Auto Accident Attorney

In general, the insurance companies are supposed to represent their policy holder’s interests. However, in reality, they try to settle things as early as possible to save money, and may not get you what you deserve. On the other hand, when you hire an attorney, they make sure that you get as much money as you can from the lawsuit. They cover the accident from all angles and shed light on the pain and trauma you have been through to make your case stronger. In the end, the compensation you get will, most probably, be much higher than the fees you pay the attorney.

Consider the Time Limitation

According to the statute of limitations, you have about one to two years for filing a lawsuit. If you think that the insurance company is taking too much time or the compensation will not be enough to cover for your losses, you should act fast and sue the other driver before the time runs out.

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

Whether you go with negotiating a claim or filing a lawsuit, your decision should be based on which option provides with the maximum compensation. If you are looking for an experienced auto accident lawyer to represent your case, contact The Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule your initial legal consultation.

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Are Nursing Homes Really a Safe Place for your Loved One?

For most families, there comes a time when they have to make the heartrending decision of admitting their elderly loved one in a nursing home. But nowadays, there have been an increasing number of cases in which nursing homes have been accused of and sued for negligence in giving proper care. Just recently, a case was filed against a nursing home in which a female patient died because of allegedly receiving improper care. The lawsuit was against Presence RHC Senior Services in which the cause of the woman’s death was said to be carelessness and negligence by the nursing home staff.

This is just one case to give an idea of how severe the consequences can be of nursing home neglect. According to Centers for Disease Control and Prevention (CDC), each year more than 1,800 elderly patients die because of this reason. So this begs the question, “Are nursing homes really safe for your loved one?”

Basic Types of Negligence

  • There are several causes due to which incidents happen in nursing homes, and they vary among individual cases. However, they can be broadly categorized into the following four types:
  • Medical Negligence: This may include nursing home fails due to inadequate attention, medication, or prevention against medical conditions such as infections, cognitive diseases, diabetes, mobility issues, cuts, and bed sores.
  • Personal Hygiene Negligence: This may include unsanitary conditions of rooms and other areas of the nursing home, and lack of proper hygiene practices such as brushing, bathing, cleaning, changing clothes, and laundry.
  • Emotional Negligence: This may include patients being repeatedly ignored, left alone, and harshly treated by the staff.
  • Basic Needs Negligence: This may include depriving patients of a safe environment, clean water, and hygienic food.

Other reasons, which may contribute to causing incidents in nursing homes, include:

Incorrect Evaluation by a Doctor

It is understandable that accidents, like fall or any other type of injury, do happen, no matter how many patient safety and care standards are put in place by an assisted living facility. But there have been cases where the doctors failed to correctly diagnose the patient’s condition and prescribed wrong treatments, leading to worsening the injuries. In the aforementioned case, it was ruled out that the on-duty doctor didn’t evaluate the woman’s condition properly, due to which her health deteriorated. Unfortunately, this is one of the leading causes for incidents in nursing homes.

Understaffing

Another common reason for improper care in nursing homes is understaffing. Assisted living facilities that have high employee turnover are forced to hire inexperienced or untrained employees, resulting in poor or insufficient care. Moreover, the management can also be at fault in such cases because they fail to give proper guidance and training about standard healthcare procedures to the newly hired staff.

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

If your elderly loved one has suffered from any injury or has been mistreated in the nursing home, you should consider filing a lawsuit against the facility. 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 and evaluate your options.

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Getting Fair Compensation After a Workplace Injury

There are many working environments where a worker is exposed to many dangers, and takes a risk, to perform job activities that others may simply refuse to do. Employees who take risks when working in such environments can often suffer from an accident that stops them from working altogether.

Workers’ Compensation is the payment made to employees who are injured while performing a job related activity. It is their right to ask for insurance money from their employers to cover the loss of wages as well as to gather enough resources to receive the additional medical help that they require. Their cases often come under the tort of negligence criteria.

There are some steps that you can take in order to the get the compensation amount to cover your losses in the best possible manner.

Seek Legal Representation

Workers’ compensation is hard to receive when dealing individually with the employers, who often have a great number of resources available to them but are unwilling to give them away. Thus, an affected employee needs to quickly discuss the situation with a lawyer who deals especially in compensation cases. A lawyer is able to get the required information from the injured person and present the necessary evidence which ensures that the right compensation can be obtained from an employer.

Employees are responsible to present evidence and obtain the compensation from a relevant authority. An experienced lawyer though, can help a great deal in resolving the issues that arise during a case of obtaining workers’ compensation from a resourceful employer.

Estimate the Required Compensation

You need to estimate the compensation that you require. This estimate should be able to not only cover your medical bills, but ensure that you are able to pay your regular dues such as the apartment rent and utility bills for the period that you are not able to continue your job. A workers’ compensation lawyer will help you in estimating the required compensation benefits that you can present to your employer or take to a legal body in case of a dispute.

You need to ensure that you provide your lawyer with evidence of all the required medical treatments in case of a lasting injury. You also need to record your expenses because in most cases, you can get around two thirds of your regular salary as a monthly compensation.

Covered Injuries

Many workers do not fully understand that workers’ compensation can only be obtained when they are unable to work due to a sudden accident. Compensation can also be obtained when suffering from overuse injuries. Any injury which is caused by a particular work environment factor can be the basis for obtaining the compensation benefits.

Long term problems such as lung diseases and anxiety can also be a cause for compensation as long as the situation merits their appearance due to the working environment. An experienced workers’ compensation lawyer is better equipped to identify the cases where compensation can be obtained from your employer for a number of injuries and medical conditions.

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

You can always contact us online or call at (847) 395-2200 and receive a quick reply in order to discuss your workers’ compensation claim.

 

 

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The Responsibilities of Dog Owners

Dogs make wonderful companions and are among the most popular pets in the United States. People must understand however, that owning a dog bestows a lot of responsibilities on them as well. As owners, it is our duty to train these animals and ensure that they are not involved in any incident and are not prone to biting people on our property.

However, to be completely safe from the hassles involved in such scenarios, it is best to obtain pet insurance. It can be difficult to cover the costs of different problems associated with dogs without ample insurance cover.

What’s more, in case of any or all biting incidents, the owner will always share some of the responsibility of causing an injury to a person regardless of the circumstances.

Dog Bite Injuries

Dog bite injuries are no more a rare occurrence. Research shows that around 5 million people are bitten by dogs in the United States. Although most injuries are not serious, some 15 to 20 people lose their lives each year due to dog bite injuries. Children are especially at risk as over 90% children bitten by dogs require medical treatment.

Dog bite injuries produce both physical as well as psychological effects. You need to understand that you do not have to bear the medical expense in the case of a dog bite. You can hire an experienced legal representative who will be able to assess the damages that you can face due to a dog bite injury, and ensure that you can go through a particular channel to get the needed compensation.

Dog Bite Injury Claims

Dog bite injury claims often come under homeowners’ insurance because most accidents happen on the premises of the owner of the dog. There are also some accidents that occur when the dog is present in an alien environment such as at the house of a relative. Such situations represent complex legal issues which can only be resolved and simplified by an experienced lawyer.

The Reporting Period

All injuries that occur due to a dog bite must be reported within a period of two years from the incident. Minors though, can report such an incident when they turn of legal age and their period of the statute extends to two further years. Any report that is filed after this period is simply barred from presentation.

Most dog bite cases though, are recorded immediately and owners need to ensure that they actively take part in resolving these cases. Otherwise, they may face problems when an injured person builds up a strong claim and stands against them in a court of law.

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

Limiting the Financial Burden

In most cases, the financial burden of a dog bite is shared primarily by the owner. The owner though can buy different insurance policies and regularly take care of the animal to avoid such an injury.

If you or someone you know is the victim of a dog bite injury, contact our offices today at (847) 395-2200 to schedule a free initial consultation with attorney Robert Edens.

 

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Dealing with Auto Accidents

Road travel is never hassle free and there is always the threat of being involved in an auto accident when you are out on the road. An accident can happen not only due to someone else’s negligence, but simply due to a particular mix of circumstances that are beyond your control. This means that if you have been involved in an auto accident, you should hire an experienced auto accident attorney. Lawyers that deal with auto accidents can truly help represent your best interests and get the compensation you deserve.

Advantages of Hiring an Injury Attorney

There are several advantages that are gained by involving an experienced law office to represent you in a case of an auto accident. Here are some other advantages that can be gained by hiring an auto accident lawyer.

Getting Fair Compensation

You often have to face stiff opposition from insurance professionals who are dedicated to reducing the amount of compensation that you get after an accident. A legal representative ensures that you will be able to get the fair compensation that you deserve in order to cover your physical, emotional and monetary loss due to the accident regardless of the cause.

Getting Rid of the Blame

It is a common practice to put the blame on a single person just to make the processing of accidents easier for insurance firms. You may be accused of all the blame in an auto accident when you feel like that there are other factors involved as well. You will need an excellent lawyer in order to ensure that you are represented truly in the trial and are able to fight against the blame put on you by using scientific facts and legal arguments.

Dealing with the Insurance Adjustor

An insurance company that has to cover the expenses of an accident has a dedicated team whose function is to save as much of the possible costs as they can. They will go to any lengths to ensure that the costs are reduced. They will claim that you did not necessarily require the medical treatments that you received for the injuries.

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

All of these problems only amount to one solution, a seasoned auto accident lawyer. You can always be sure to get the best representation at the Law Offices of Robert T. Edens, P.C. for auto accident cases. We have a track record of winning fair compensation for our clients involved in auto accidents and we can do the same for you. You can contact our office at (847) 395-2200 in order to find the best legal help.

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In Which Type of Vehicle am I Most Likely to be Injured in a Collision?

The road is home to a variety of vehicle types. Passenger cars, vans, sport utility vehicles, commercial trucks, motorcycles and in some cases, even bicycles are found on the same roadway, obeying the same traffic rules. Each type of vehicle has different capabilities and risks for its driver and inhabitants. Because of this, each type of vehicle has unique auto accident statistics.

So which type of vehicle is the safest to drive? Although many drivers and passengers claim they feel “most safe” in sport utility vehicles, SUVs actually have the highest passenger fatality rate in rollover crashes. A rollover crash is a collision that causes a vehicle to roll over, often causing the roof to crush in and kill or injure the vehicle’s occupants. Rollovers are the most deadly type of vehicle collision, accounting for one third of vehicle crash fatalities in 2010. The percentage of SUV occupants who died in rollovers was the highest of all vehicle types at 57 percent, according to Insurance Information Institute. This was followed by pickup trucks at 47 percent, vans at 30 percent, and passenger cars at 23 percent.

Know your Vehicle Type to Protect yourself from an Accident

A vehicle’s center of mass is what makes it more of less susceptible to a rollover. This is why SUVs are at such a high risk of rollover: their high suspension height paired with their tall road clearance puts them at an especially high risk of rolling over. Cars that ride lower to the ground are at a lower risk of rollover.

No matter what you drive, think about the risks involved with your vehicle type and drive with these risks in mind to reduce your chance of being involved in an accident and, if you are in an accident, to reduce your chance of being injured. If you drive an SUV, do not overload items on the roof. Another type of vehicle that is especially susceptible to injury-causing and fatal accidents is motorcycles. This is because they lack the protective chassis that other vehicles provide. If you ride a motorcycle, always wear a helmet and other protective gear, such as long sleeves, long pants, and shoes that fully cover your feet and ankles.

When sharing the road with other vehicle types, be mindful of their needs. For example, tractor trailers need more space to come to a complete stop than smaller vehicles need. Be sure to give these trucks the space they need to avoid a collision with one.

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

Work with a Vernon Hills Auto Accident Lawyer

No matter what type of vehicle you drive, you could be involved in a collision and suffer an injury. If this happens to you, seek medical attention as soon as possible. Then, consider working with an experienced auto accident lawyer to file a personal injury claim for monetary compensation to cover your damages. To learn more about this process and get started on your claim, contact The Law Offices of Robert T. Edens, P.C. today to schedule your initial legal consultation with our firm.

 

 

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Following the Rules of the Water to Avoid a Boating Accident

Many drivers are familiar with the “Rules of the Road.” These rules are in place to protect motorists and pedestrians and include the proper passing and signaling procedures, require drivers to drive on the right side of the road, and cover other safe driving procedures like safe following distances between cars and when to use a car’s headlights and highbeams.

Just like on land, there are rules in place on the water to protect boaters, swimmers, and people using personal watercraft. It is not uncommon for boaters and others on the water, especially those new to the water, to be ignorant of these rules. In general, the water is a much more open space and boaters are bound to less restrictive operating procedures than motorists. However, the trend in recent decades has been to require boaters to hold boating licenses and complete safety courses before taking to the water. The rules of the waterways that are in place to prevent boating accidents include the following:

Know Which Vessel has the Right of Way

Just like cars on the road, boats in certain positions have the right of way. Proceeding because you have the right of way is known as standing on course, while allowing another boat to pass is known as giving way. When crossing paths, the boat on the left has the right away. Sailboats using wind power only and commercial boats always have the right of way.
Know How to Communicate with Other Boats

Have an air horn on board in case you need to communicate with another boater. Familiarize yourself with the language of using these air horns so you know how to use them when signaling your desire to pass another boat or a warning about a hazard in the water.

Obey Posted Signage

There is a lot less signage on the water than there is on the road. You will not find a yield sign or a speed limit on the water, but that does not mean there are no posted signs. When in sheltered areas, you might see a sign calling for a slow speed or no wake. In open areas, you will see channel markers noting where you should drive your boat. One rule to keep in mind with these is “red is on your right when you return.” This means that when you are heading toward the land, the red channel markers should be on your right-hand side. If they are not, you are driving on the wrong side of the channel and putting yourself at risk of colliding with another boat.

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

Work with a Barrington Boating Accident Attorney

Even if you obey the rules of the water, you could be involved in a boating accident and suffer an injury. If this happens to you, consider seeking compensation for your damages through a personal injury claim. Contact The Law Offices of Robert T. Edens, P.C. today to schedule your initial legal consultation with an experienced Illinois boating accident attorney.

 

 

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How to Avoid an Overexertion Injury

There are many different ways a worker can injure themselves on the job. These include falls, impacts with falling or flying objects, being pinned between objects, and vehicle accidents. Sometimes, injuries can also occur through repetitive motions, such as lifting or pulling heavy objects. When this occurs, the worker suffers what is known as an overexertion injury. This is the most common type of injury cited on workers’ compensation claims.

Examples of Overexertion Injuries

When an individual attempts to lift or move an object beyond their physical capabilities, an overexertion injury can occur. These injuries can include strains, sprains, tears, and back and joint injuries.

Examples of actions that can cause overexertion injuries include:

  • Lifting boxes that are too heavy;
  • Carrying heavy items for a prolonged period of time;
  • Sitting, standing, or otherwise remaining in an awkward position for a prolonged period of time;
  • Pushing or pulling objects that are too heavy;
  • Performing repetitive physical tasks; and
  • Working under the stress of a high temperature, hunger, thirst, or poor ventilation.

Ways to Avoid an Overexertion Injury

The most useful way to avoid an overexertion injury is to know your physical capabilities and work within them. If a box is too heavy to carry by yourself, work with a partner to carry it or take objects out of the box until it is light enough to carry. Make multiple trips if you have to. Practice safe lifting techniques, like lifting with your legs, rather than your back.

It is important that you take regular breaks during the work day. During these breaks, take a moment to rest and drink some water. Hydrating yourself is an important key to staying healthy and lowering your risk of injury.

Stretch before you perform any type of physical labor. This warms up the muscles and makes it easier to use them effectively. It is also important to use your footing as a support and a guide when lifting and carrying heavy items. Stand with your feet about shoulder width apart and be sure your footing is secure. If you cannot be sure of this, do not lift the object. Bend your knees and keep your back straight when lifting. Bending or twisting your back while carrying a heavy load can lead to injury.

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

Work with a Buffalo Grove Workers’ Compensation Attorney

If you have been injured at work, you could be entitled to receive workers’ compensation to cover the expenses related to your injuries. Follow the correct procedure for notifying your supervisor and filing your claim in Illinois to ensure that your claim remains valid. To further support your claim, work with an experienced workers’ compensation attorney who can advocate for you and help you seek the money you deserve. Contact The Law Offices of Robert T. Edens, P.C. today to schedule your initial legal consultation with Mr. Edens, where you can discuss the specific details of your case and determine the best way to proceed.

 

 

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Your Role as the Personal Injury Claimant

When you are injured in an accident because of another party’s negligence, you might consider seeking compensation for your damages through a personal injury claim. This process can be complicated and confusing, so most people work with personal injury lawyers to file their claims and negotiate with the other parties involved, such as the insurance provider and their doctor. But although the lawyer handles the “heavy lifting” of a personal injury claim, like the negotiation process and determining which evidence to use and how, the claimant also needs to work to pursue his or her claim. If the claimant is not engaged in the process, he or she can potentially hurt the claim’s chance for reaching a fair settlement.

Your lawyer will guide you through the personal injury claim process, which has unique requirements for the claimant. These requirements include the following:

Do All that you Can to Help yourself Recover

As the claimant, you are required to mitigate your damages. This means that it is your duty to seek the medical care you need for your injury and do all that you reasonably can to ensure your successful recovery. This means that you should not wait to seek treatment after your accident – get yourself to the doctor as soon as you can and follow all of his or her instructions, which can include a medication or physical therapy regimen and limits to the activities you can do, such as lifting items above a certain weight and driving.

Provide Relevant Evidence

The evidence you provide to your attorney is what he or she uses to support your claim. Provide as much evidence of your injury and the other party’s negligence as you can, but also remember to provide quality evidence. For example, a photograph of the accident is better than a friend’s testimony, and a record that you received medical treatment is better than simply stating that you went to the doctor.

Follow your Attorney’s Lead

Your attorney has handled many personal injury cases in the past. He or she knows how to negotiate with insurance providers, doctors, and if necessary, the court. Do not speak with an insurance provider until you have first discussed your case with an attorney – usually, insurance providers ask claimants to make official statements about their claims, which they can use later to justify a lower settlement amount than the claimant might otherwise been able to recover.

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

Work with an Experienced Vernon Hills Personal Injury Lawyer

When you have a personal injury claim pending, there is a lot you need to do as the claimant to ensure that you receive a fair settlement for your damages. But you are not the only one involved in the process. Work with an experienced Vernon Hills personal injury lawyer to ensure ensure that all of your paperwork is filed on time, that you have the necessary evidence to prove your claim, and that you do not inadvertently invalidate your claim by saying or doing the wrong thing. For further guidance with your claim, contact The Law Offices of Robert T. Edens, P.C. to set up your initial case evaluation with us.

 

 

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Which Breeds of Dog are Most Likely to Bite?

Some dogs look dangerous. Other dogs do not. Although the old adage says to “never judge a book by its cover,” there are ways to tell whether one dog is more likely than another dog to bite you. For example, the dog’s breed can determine its likelihood of biting a victim. Of course, never approach a strange dog without first speaking with its owner, always supervise children around dogs, and never assume that a dog is incapable of biting a victim. Any dog can bite, but certain breeds are responsible for more bites than others.

If you or your child is bitten by a dog, the dog’s owner may be liable for your damages. Consider filing a dog bite claim to seek compensation for these damages.

Pit Bulls

A 2009 study by dogsbite.org found that from 2006 to 2008, 88 people died from dog bites in the United States. Pit bulls were the top breed responsible for these deaths, accounting for 59 percent of them.

Pit bulls are not a specific breed of dog. They are a “type,” which can include many breeds. Dogs like American Pit Bull Terriers, American Staffordshire Terriers, and American Bulldogs are often considered to be Pit bull breeds. It is also not uncommon for a dog that is one or more of these breeds mixed with others to be considered to be a Pit bull.

Rottweilers

The study discussed above cited Rottweilers as the breed responsible for the second-most dog bite fatalities, showing that they caused 14 percent of these bites. Because of their intimidating appearance and large size, Rottweilers are often used as guard dogs.

Other Breeds

Like the breeds listed above, dogs that are used as guard dogs are more likely to bite victims than dogs that are kept purely for companionship. For example, German Shepherds and Doberman Pinschers are cited more frequently in bite reports than Labrador Retrievers and Poodles.

However, any dog can bite a victim and factors like the dog’s training and the victim’s actions with the dog are important factors in determining whether the dog will bite. In Illinois, a victim generally cannot recover compensation for his or her damages if he or she provoked the dog into attacking. But this rule is reserved for adults and older children. Young children cannot be considered responsible for provoking a dog.

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

Work with an Experienced Lincolnshire Dog Bite Attorney

Any dog can bite a victim. But certain breeds of dog are responsible for a greater percentage of dog bite cases than others. If you or your child are bitten by a dog, work with an experienced Lincolnshire dog bite attorney to file and pursue a personal injury claim to seek monetary compensation for your damages. At The Law Offices of Robert T. Edens, P.C., we are equipped to answer all of your questions and provide you with the legal guidance you need to move forward with your personal injury claim. Contact our firm today to get started on your case with us.