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Proving Your Case: Damages and Settlement

When a person who has never been involved in a devastating accident sees a news headline proclaiming a million dollar settlement in a personal injury lawsuit, he or she may be tempted to accuse the plaintiff of “playing the lottery” with the legal system.  This is a characterization of a process that was designed to help victims overcome tragedy and hold those responsible for their injuries accountable.  They should not be shamed by those who are ignorant of their situation for seeking justice through the lawful use of the court system.

One of the most egregious cases of victim shaming occurred after the now-infamous “McDonald’s Coffee Lawsuit.”  Rather than focus on the corporate defendant’s version of the case summary (i.e. “coffee is supposed to be hot”), the focus should have been on the willful and wanton disregard for the safety of consumers who were being handed a 190 degree liquid through a small window with only a thin piece of styrofoam and a flimsy lid between them and 3rd degree burns.

Damages in Personal Injury Lawsuits

Many corporate defendants clamored for tort reform following the 1994 jury verdict awarding the “hot coffee” plaintiff millions of dollars for her injuries.  What it took decades for people to finally realize, however, was that tort laws allowing for damages in personal injury cases were designed to ensure that injured victims were not left paying for someone else’s wrongdoing.  Personal injury laws around the country are supposed to protect citizens from having to not only live with a permanent injury but also pay for it out of their own pocket.  Where is the justice in a system that allows a guilty offender to do harm to another without penalty?  All too often, as in cases where a loved one is lost forever, no amount of money can fully help a victim’s family heal.  However, the law allows for a wrongdoer to be punished, through a monetary damages award, in order to serve as a warning to others whose carelessness may lead to someone’s injury or death.

In Illinois, a plaintiff in a personal injury lawsuit can recover an amount of money that will “reasonably and fairly compensate him” for the damage caused by the negligence or wrongful conduct of the defendant.  One type of damages that available to an injured plaintiff includes compensatory damages, or money for medical bills, lost wages, or pain and suffering.  Another type of damage award that was alluded to previously consists of punitive damages, which are designed to act as a “punishment” to the defendant in cases of gross negligence or wanton and willful misconduct.

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

Need Help?

The Woodstock attorneys at the Law Offices of Robert T. Edens, P.C are experienced in all areas of personal injury law.  If you are injured by someone else’s negligence or wrongdoing, you should not have to suffer in silence.  Call today and speak to an attorney about possible recovery options to help you move forward and hold those responsible accountable for their actions.

 

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Police Action and Wrongful Death

There has been a lot of attention in recent months on police responses that have turned deadly.  Some high profile shootings resulted in both criminal and civil lawsuits, much to the surprise of many people who are not familiar with the legal system.  When someone is killed when police are called in response to an incident, family members are often left trying to put the pieces of the traumatic incident back together while at the same time grieving the loss of their loved one.  Further, when the dust settles the family is often left with more questions than answers and sometimes has to turn to litigation to not only find out what happened, but why it happened.  Wrongful death actions can be used to help grieving families obtain justice from those who are sworn to uphold it, even when one of their own was the wrongdoer.

Internal investigation turns public

When a peace officer discharges his gun and someone is shot, an investigation takes place to determine whether the shooting was justified under the circumstances.  The investigation will typically also review whether the officer acted in accordance with the local police department’s rules, regulations, policies and procedures.  This review is usually done “in house” by an internal affairs division or other unit that is specially equipped to handle administrative investigations in an objective manner.  It is standard policy across the country for these investigations to be strictly confidential and the results only to be shared with the local District Attorney’s office to determine whether criminal charges are warranted.

This confidentiality is part of what makes the internal affairs process so reliable, in that witnesses are less afraid of retaliation by their colleagues and superiors for assisting in the investigation.  That confidentiality is not absolute in all states, however.  For example, under Illinois law, the outcome of internal affairs investigations may not be exempt from disclosure pursuant to the state’s Freedom of Information Act as they are “public records” under the law. Unless a specific exemption can be proven to apply to the information, the state cannot withhold the requested information.

Wrongful Death

Police shootings, especially those that result in the death of a person, are garnering more and more public attention due to some very high profile incidents in recent history.  There is also a very high level of distrust between police officers and communities involved in such shootings, which causes there to be a higher than normal level of suspicion when an officer is cleared of wrongdoing after a “secret” investigation.  In these instances, the families of victims are not left completely without recourse as they can seek justice in the civil courts by filing a lawsuit under state wrongful death statutes.  So long as the case is filed within the required time period following a deadly shooting, a victim’s family can engage in discovery and find answers in a court of law.  Further, if a jury finds that an officer is guilty under the law, the family can obtain damages.  While no amount of money can replace what they lost, it can help them move forward and send a message to other law enforcement officers that their wrongful actions will not go unpunished.

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

Questions?

If you or a loved one has questions about Illinois’ wrongful death laws, call the law office of Law Offices of Robert T. Edens, P.C in Waukegan today.  Our skilled attorneys have years of practice obtaining justice for clients in Illinois courts.  We can help answer your questions, or represent you, whichever is best for your situation.

 

 

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Staff to Patient Ratio: A Recipe for Negligence

Many people may believe that nursing home litigation must originate from a bad act committed intentionally by a facility staff member against a patient.  This is not always the case, however.  Nursing home negligence cases can arise out of circumstances that are beyond the control of staff and patients alike.  For example, many nursing homes are operating with staffing shortages that range from a few vacant positions to extreme insufficiency of staff numbers in relation to the number of patients in the facility.  When this happens, patients’ lives can be at risk as staff members are physically unable to provide the treatment that is required to ensure all patients are cared for in a professional manner.

Staff to Patient Ratio

Each state typically has its own standards when it comes to nursing home staff to patient ratios.  For example, in Wisconsin, the law requires all nursing homes to have a licensed administrator, a charge nurse, and sufficient registered nurses, licensed practical nurses, or nursing aides. According to the law, each facility must have professional nursing staff care for patients for a range of .4 hours to .65 hours per day per resident depending on the level of their need (i.e. intermediate/limited need for care to intensive nursing care).  These laws were put into place in order to protect residents from institutions who made financial staffing decisions that created hazardous environments for patients who are in need of professional nursing care.  Without such laws, nursing home patients could be subjected to maltreatment by neglect by overworked or unlicensed staff members who were physically unable to provide the level of care that was necessary.

Calls for Reform

One report found a correlation between staffing levels and risk for negligence that some may use in support of reform efforts to make state laws more stringent as they apply to staffing minimums.  According to the report, “the chance of abuse or neglect is more likely in a facility with a high percentage of residents with dementia and a low staff ratio.”  The report continues by stating that a facility does not escape liability by hiring more low level aides, especially when a high number of at-risk patients reside there.  This correlation was linked to higher incidents of stress-induced backlash to a very natural symptom of diseases such as dementia or Alzheimer’s.  Patients with these types of diseases require extra care from skilled nursing staff as they often exhibit physically violent behaviors, or rebellious behavior that can be extremely taxing on untrained staff.

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

Delicate Questions for Sensitive Issues

When a family makes the difficult decision to entrust the care of a loved one to a healthcare facility, it is not done lightly.  Family members want to make sure their loved one will receive a level of care that they are unable to provide themselves.  When this decision is made, the last thing a family needs is to find out that the people entrusted with that care have failed and that failure resulted in harm to their loved one.  If you have questions about nursing home negligence and need someone who is experienced in the law, call the Law Offices of Robert T. Edens, P.C today for a consultation.  Our Chicago attorneys are skilled in negligence and abuse cases and will work tirelessly to protect your interests as well as the interests of your loved ones.

 

 

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Driving in Winter Weather: Caution and Closure

When winter weather strikes, it can bring with it more than just delay.  Motorists should use extra caution when navigating snowy or icy roadways.  According to the federal highway administration, of the more than five million vehicle crashes that occur each year over one quarter are weather related.  It should be no surprise that car accidents occur more frequently when drivers are distracted, or otherwise impaired when driving.  Weather conditions such as fog, rain, sleet, snow, wind or blowing storm debris can take away the otherwise safe driving conditions for motorists.  Precautions can be taken to mitigate any damage if you are involved in a motor vehicle accident caused by winter weather.

Common causes of winter accidents

Meteorologists across the country are now using the latest in technological advances in an attempt to protect their viewers from the dangers of winter weather.  One of these includes regularly updated radar, which can show the paths of storms as they move through an affected area.  Another tool shows viewers the changing temperatures of the roadways during major weather events.  By allowing drivers to know whether road temperatures could support ice (i.e. under 32 degrees Fahrenheit), they can choose which roads to travel on and whether they should go out or stay in until the conditions are more favorable.

Weather events affecting roadways in winter include snow, ice, fog, sleet and combinations of all of these.  In northern states that are used to experiencing extended winter weather, drivers can sometimes underestimate road conditions and that underestimation can lead to serious consequences.  For example, the most recent winter storm Olympia caused thousands of people to experience power outages, delays across multiple modes of travel and countless injuries from accidents on slippery roadways.

What to do after an accident?

Anyone who is planning to brave the winter roads should be prepared in the event that they are involved in an accident.  Nobody starts out on a driving journey expecting to be involved in a car crash.  Accidents are often unavoidable, however, as one driver can only influence his/her own driving and cannot predict what other drivers are going to do.  In conditions that create hazardous roadways, such as ice or snow, drivers are often involved in car accidents because of another driver’s carelessness.  For example, it only takes one driver who fails to use the appropriate amount of caution to drive too fast on a patch of icy road and lose control.  This driver’s car then becomes a projectile that can crash into another driver and cause a multi-car pile up causing many injuries and thousands of dollars in damage.  One other factor that drivers often fail to realize is that they may be stuck in/around their cars until emergency vehicles can arrive and provide assistance.  If drivers are not prepared with extra blankets and emergency gear, they may suffer from hypothermia or more severe health conditions.

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

Injured in an accident?

If you or someone you love has been injured in an accident, call the Law Offices of Robert T. Edens, P.C in Antioch today and speak to an attorney who can help.  Our professionals have years of experience in the law surrounding auto accidents and can use their skills to protect your rights after an incident so that you can get back on the road to recovery.

 

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Burdens of Proof and Negligent Nursing Homes

As one woman will soon find out, merely filing a lawsuit alleging negligence is only the first step toward recovery.  When you or someone you love is injured because of the careless or reckless actions of another, it can be difficult to focus on anything except overcoming and healing from the injury.  What many people do not realize is that it is also your right to recover damages from the person (or entity) that caused the injury.  Filing a lawsuit to recover monetary damages can help you and your loved ones move forward with your lives, but it also can serve as a warning to wrongdoers.  Lawsuits and damage awards in negligence cases are not only designed to make an injured party whole, but they also serve as a deterrence to others who believe that they are above the law.

The Lawsuit

A Homewood, Illinois woman recently filed a lawsuit against the nursing home that was responsible for the care of her elderly mother.  She also filed suit against the hospital that treated her mother, as she claims that the staff there failed to provide the level of care required and contributed to her mother’s passing.  Through the lawsuit, the woman is seeking over $50,000 in damages stemming from the maltreatment of her mother.  According to one report, the plaintiff’s mother developed painful bed sores that went untreated by nursing home staff for months before they became infected and required surgery.  The lawsuit claims that the nursing home was negligent by failing to properly treat the sores, and the hospital was negligent in the care her mother received once the infection grew worse.  To make matters worse for the nursing home, there are reports of other lawsuits filed against it for seemingly similar negligence.

Prove It, and Damages Will Come

As with all litigation, both parties are provided an opportunity to present evidence to support their positions on the matter involved.  The plaintiff’s first burden that must be overcome is during the pleading stage.  He or she must allege sufficient facts that, if true, would be a violation of a law or duty.  It is common for defendants to first argue that this initial burden has not been met in motions leading up to a trial.  Typically, a court will determine if a plaintiff met this burden and if so, move the case forward toward trial.  The defendant can then present evidence at trial that either proves the plaintiff’s allegations to not be true, proves that they have a defense that protects them from liability, or (more often) a combination of the two.

If the plaintiff is successful in his/her argument at trial, and is able to convince a jury that the defendant caused the injury, the jury will then typically also make a determination on the amount of damages that the defendant must pay to the plaintiff.  These damages vary significantly from case to case, and can be very large if a jury determines that punitive damages should be awarded as a punishment to the defendant.

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

Injured?

When someone you love is injured it can be a very stressful time during which it is difficult to focus on anything other than helping them recover.  It is during this time that a skilled lawyer, who is knowledgeable about negligence claims and litigation, can provide you with answers and help you move forward.  If you have questions and want to speak with an experienced negligence attorney, call the Law Offices of Robert T. Edens, P.C today for a consultation.  Our attorneys can be your guides and trusted advisors during your darkest times.

 

 

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Cat Scratch Fever and Other Strange Medical Malpractice Tales

Being bitten by a dog is often met with immediate treatment and concern, but many people who are scratched or bitten by cats each year fail to seek immediate medical treatment despite the dangers that lurk beneath the surface of the wound.  Liability for a cat bite is typically the same as other injuries that occur in the home: the homeowner is typically responsible for accidents inside their home.  Sometimes liability can shift, however, and the responsibility for damages to an injured person shift with it.

Medical Malpractice

Medical malpractice occurs when a licensed healthcare provider fails to provide services up to the standard that they are required to meet.  Essentially, if a doctor does not provide the care that meets or exceeds the level that other doctors in a similar situation would provide, he/she may be committing malpractice.  This duty owed to patients does not stop as long as the patient is seeking treatment for the injury, and can even extend to other hospital staff such as nurses and orderlies.  Though, the latter groups owe a different standard of care that reflects their level of expertise over a particular situation.

As one Michigan hospital is finding out, cat bites can be as serious as other types of injuries and must be treated as such or face litigation.  In this case, a woman who was bitten by a friend’s cat sued for injuries from the treatment of the cat bite and is seeking approximately $75,000 in damages.  She is alleging that the hospital was negligent in its treatment of the infected bite.  After being bitten, the woman attempted to clean the wound herself, but it became infected at which point she sought help from the emergency room.  She claims in her lawsuit that the hospital staff was negligent due to a mishandled MRI, failure to identify kidney and anemia issues, and inadequate discharge orders.

While the woman chose not to sue the homeowner (her sister-in-law) for her injuries, it is possible that she will be brought into the lawsuit as well.  The plaintiff may face some strong opposition and should be ready for the other side’s defense.  The fact that she chose to treat the wound at home first, and only went to the hospital after it became infected may provide the hospital with a claim that she shares some responsibility for her injuries.  This defense would be a form of contributory negligence, and serves to lessen any potential award by the percentage the plaintiff (or another person) is at fault.  It is also possible that the hospital could allege that the homeowner shares in the liability for providing false information to the injured person about her pet.

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

Questions?

Medical malpractice lawsuits can be very complex and involve numerous parties, especially if an entire hospital is being held accountable.  Lawyers for the hospital, doctors, nursing staff, and insurance companies involved can all be working together against one injured plaintiff.  In order to put forth the best case possible, you may need to seek legal counsel before you file your lawsuit.  If you have questions about filing a lawsuit to recover damages after a healthcare provider’s professional negligence, call the Law Offices of Robert T. Edens, P.C today and talk to an experienced attorney about your situation.

 

 

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The New Affluenza Environment: Liability for Teen Accidents

There are few people in the United States today who have not heard of the latest defense put forward for a juvenile who killed four people while driving drunk.  Many say that this defense is dangerously close to or does fail every common sense standard there is; the exception to to this group is of course attorneys.  Attorneys typically owe a duty of zealous representation to their clients and must work in their clients’ best interests, even if that means upsetting some citizens’ ideas of fairness.  As the “affluenza defense” joins the ranks of unique arguments like the “twinkie defense” or the now infamous “bloody glove defense,” the next question is: how far of a reach will it have?  There are other liability concerns that must be addressed when a teen driver causes an accident, which likely cannot be brushed away by implications of “affluenza.”

The “Social Host”

Most of the time, it is a good thing to be called a good host.  It generally means that the people who attend your house parties have a good time and would likely return if invited again.  In the case of underage drinking, however, being a social host takes on a whole new meaning.  In 2012, Illinois passed a law that allowed adults who are in charge of minors to be punished if they contributed to a minor’s delinquency (i.e. gave them alcohol) and then someone was injured.  The law took effect in January of 2013 and was passed to provide accountability where before there was none.  Legislators stated that the intent of the law was to “protect our youth” by sending a message to adults that they will be held liable for any damage done by underage partiers under their roof.

In order to be considered a social host, a person must “knowingly authorize or permit underage drinking in their home.”  If the minors then leave the party and are involved in a car accident on their way home, the homeowner/parent can be found guilty of a Class 4 felony.  The law also punishes the adults when the minors make it home safely, as merely knowingly offering alcohol to minors carries with it a fine and charge of a Class A misdemeanor.  There are ways for unsuspecting adults to mitigate their potential liability, if their child or his/her friend sneaks alcohol to an otherwise sober party.  The law provides for no liability in the event it can be shown that the adult “took reasonable steps to prevent the activity” and/or assistance is requested from law enforcement after the drinking is discovered.

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

Questions?

Not all states are as lenient as Illinois when it comes to holding parents liable for the actions of their children.  As one parent from California found out the hard way, ignorance is not a shield in all cases.  If you or someone you know has been injured in a car accident, call the Law Offices of Robert T. Edens, P.C today and speak to an attorney.  Our experience can help you through this difficult time and help you on your path to recovery.

 

 

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Wrongful Death or Survival Action? Know Before You Go (to Court)

Filing a lawsuit takes more than just a filing fee and an argument.  All levels of the American court system have specific requirements that must be met in order to successfully have “a day in court.”  Thousands of pleadings are dismissed across the country for failing to state their claims in a manner that meets the statutory requirements.  One mistake that is often made is alleging a violation of the wrong law.  Courts are already overburdened and do not have time to fix pleadings that do not allege a violation correctly.  Unfortunately, it can take weeks or even months to discover that a mistake was made.  In some instances, it could mean that the injured party is left without recourse if the statute of limitations has expired during the pendency of the wrongly pleaded lawsuit.

Experienced personal injury attorneys know this as it often happens in cases involving wrongful death actions and survival actions.  The laws governing these actions are very similar, but differ in key ways that could be the difference between recovery and dismissal.

Wrongful Death – Illinois

In a wrongful death action, a plaintiff is claiming that a person or entity caused harm to a loved one and that harm led to the loved one’s death.  In most circumstances in Illinois, the decedent’s loved ones have two years from the date of the person’s death to file a lawsuit for damages.  This is called the statute of limitations.  Failure to file within this time period will mean that the lawsuit is time-barred and the family can no longer seek damages in a court of law.  Caution should be used, however, as the time period can begin to run before the decedent’s death in some circumstances.  If this is the case, a lawsuit must be filed within two years of the date that the person “knew or should have known” of the injury.

Survival Action

This type of action is similar to a wrongful death action, but is filed to address injuries to the decedent prior to their death.  Take, for example a scenario in which a person’s careless actions caused injuries to another, and that person was forced to obtain expensive surgery or became disabled.  If those injuries later lead to the person’s death, family members of the deceased may bring a survival action to recover the costs incurred during the person’s period of injury (i.e. lost wages, medical expenses).  The statute of limitations for these types of cases is different than for a wrongful death action however.  For a survival action, claims must be brought within one year from the date of the decedent’s death or the end of the limitations period for the underlying claim, whichever is longer.

What this means is that under current Illinois law, while a wrongful death case is pending, the statute of limitations can be running on a survival claim act.  By the time a pleading mistake is discovered the latter claim could be time barred.  Though, the Illinois Supreme Court may change this in the future.

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

Need Help?

If your loved one has been injured by the carelessness or recklessness of another, call today and speak to an experienced attorney about your rights under the law.  The attorneys at the Law Offices of Robert T. Edens, P.C have experience with all aspects of a wrongful death claim and can guide you, or represent you, depending on your circumstances.

 

 

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The Great Equalizer: Slip and Fall Accidents

As evident by a recent lawsuit filed by a pro athlete, slip and fall cases are not limited to falls in grocery stores by average individuals. The lawsuit also brings to light how serious slip and fall accidents can be and how important it is to seek treatment immediately to determine whether a lawsuit is necessary. Regardless of your station in life, an accident caused by someone else’s negligence can have a very serious and long term effect on your life.

The professional treatment

Many believe that slip and fall accidents are a gimmick, created by greedy plaintiffs who are seeking a fast, lucrative paycheck for something as simple as falling down. The reality, however, is much more serious. As in the case of the tennis professional referenced above, her injury caused her to suffer serious head trauma that led to her being forced to withdraw from numerous tournaments. Because of these withdrawals and her inability to perform at the same level as before the accident, she has also allegedly fallen in the world rankings. An unsympathetic mind may not believe this is all that terrible, given the fact that she is a famous individual and therefore perceived as having sufficient wealth to cover any harm. However, when thought of in the context of an average citizen, such an injury can lead to missed work or even termination if the injured person cannot perform at the level they once could.

Negligence

What many people forget when discussing slip and fall accidents is that they are most often the result of someone else’s derogation of duty. Whether it is the traditional example of a grocery store manager not paying attention to dangerous conditions in his store or a world class sporting venue not properly maintaining the areas commonly used by participants, the law remains the same. Negligence has been defined by Wisconsin courts as being comprised of four elements: “duty, breach, cause and damages.” What this means is that in order for someone to be held legally responsible for a slip and fall accident, they must have owed a duty to the injured person, breached that duty (through carelessness or wanton disregard for others’ safety), the breach caused the person’s injury, and the injury was such that it caused the person to suffer damages (i.e. bodily injury leading to monetary loss).

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

Questions?

The court system was designed to allow people who have been injured to bring the alleged wrongdoer before a neutral body and obtain a fair judgment that places them in a position that is equal to where they were before the accident. It is not greed to want what you are entitled to by law and right. If you have been injured by someone else’s negligence, call the Law Offices of Robert T. Edens, P.C in Antioch and speak to an attorney today. Our team can help you decide the best path forward toward full recovery.

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Teen Drivers Subject to More Regulations Than Ever, But Are They Working?

News organizations report stories of teens that have been seriously injured or killed by other teens while driving. The question that many people ask after such tragedies is “what can we do to help prevent this from occurring?” Teen drivers today are subjected to far more rules and regulations than previous generations, yet they still face a very high likelihood for injury when they get behind the wheel of a car. While no one can ask for a “magic number” of regulations that will protect teens from all potential harm, there are steps that can be taken to ensure that teen drivers are fully aware of their rights and responsibilities while driving.

Regulatory scheme

Lawmakers have taken a multi-stage approach to the licensing of teen drivers. The first stage involves what is commonly known as a “learner’s permit.” When a teen is between 15 and 16 years of age, they may obtain a permit that authorizes them to operate a motor vehicle with the supervision of a licensed adult. In order to be issued a permit, the teen must prove that they have taken at least 30 hours of classroom instruction, six hours of actual driving instruction and six hours of observation while acting as a passenger. Once a teen driver turns 16, they will be able to obtain a probationary driver’s license, which permits them to drive alone. Some restrictions apply for the first nine months, such as a nighttime curfew and limits on the number of passengers. After nine months, the restrictions are removed, but the teen’s license is still considered a probationary license and the teen will not be able to obtain a full license until the age of 18.

This approach is intended to provide teen drivers with increasing levels of experience and exposure to driving on Wisconsin’s roads and beyond. These laws are designed to help teens become familiar with common hazards as well as unexpected issues that arise when navigating the various roadways throughout the state. What is missing from this regulatory scheme, however, is information that tells teens what to do if they are involved in a car accident.

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

Teen Drivers and Auto Accidents

Despite the differences between the regulations placed on teen drivers in today’s regulatory world and those placed on generations prior, automobile accidents still occur. When a teen driver is involved in an accident, the laws protecting their rights and providing for recovery apply to them as much as they do adult drivers. It is important for teens to understand what to do in the event an accident occurs while they or a friend is behind the wheel. Merely because they are under the age of 18 does not mean that they are liable for all damages that occur when they are behind the wheel.

If your teen has been injured in a car accident, call the Law Offices of Robert T. Edens, P.C. today and speak to a knowledgeable attorney in Waukegan. Our professionals understand the unique pressures placed on teens while they drive and can help them obtain the relief they are entitled to under the law.