Posted on

Anatomy of the Legal Field: Personal Injury

Personal injury cases make the news fairly regularly and often have headlines touting big dollar amounts that were awarded by a jury.  If asked, there are likely many people outside the legal field who could not actually say what personal injury law is and what types of injuries it covers.  Personal injury law is not as simple as “you’re injured so you can sue” but it doesn’t have to be as complicated as a medical malpractice lawsuit either.  Understanding the breadth of cases that fall within the “personal injury” umbrella is an important first step to knowing how and if you have a case.

A.K.A. Torts

To many first year law students, the word “torts” brings with it visions of lecture halls and massive textbooks.  To many others, however, it may not conjure any images at all.  Personal injury law is also known as tort law and a tort can be described as an injury caused negligently or intentionally by another who is liable for the harm.  Personal injury law covers car accidents, medical malpractice, slip and fall cases, defamation cases (i.e. libel and slander), dog bites, assault, battery, and a group of charges known as “intentional torts.”  This last category is what makes the field of tort law unique, as it covers injuries that are caused with intent, and not by accident, as is part of many of the other areas.

Intentional vs. Negligent

Personal injury law covers such a wide variety of injuries because it deals with both intentional harm and negligent harm.  Take, for instance, a car accident in which Car A hits Car B.  A standard car accident in which Car A runs a stop sign and hits Car B, who had the right of way, would deal with negligence.  On the other hand, it may be an intentional tort if it is found that the driver of Car A used the vehicle as a weapon and deliberately rammed Car B, with the intent of harming someone in Car B.  It may not always be obvious which type of harm is at issue in a case, and so many attorneys spend time and money on investigators who can help find evidence of either negligence or intent.

Remedies

The field of personal injury law was designed to help make a victim of someone else’s careless, reckless, or intentional infliction of harm, whole.  It is for this reason that personal injury damages awards are so often splashed across the front page of newspapers.  What many people do not realize as they read these headlines, however, is that the dollar amounts awarded to a tort victim are directly related to the amount of injury they suffered at the hands of another.  As much as criminal law is designed to act as a deterrent to criminal wrongdoers, tort law is intended to act as a deterrent to civil wrongdoers by providing a true representation of harm in the form of monetary compensation for a victim.  It was not the victim’s fault that he or she was injured, yet the consequences of the actions of another likely have changed their lives forever.

Robert T. Edens | Waukegan Personal Injury Attorney

If you or a loved one has been injured and have questions about whether you have a potential case, call the Law Offices of Robert T. Edens, P.C. today to speak to one of our Vernon Hills legal professionals.  Our lawyers can provide you with answers, or represent you if needed to help you on your path to recovery.

 

 

Posted on

Harvard Man Injured in Roll-Over Accident

According to Harvard authorities a man from unincorporated Harvard rolled over his vehicle while trying to avoid a deer on Monday evening at State Line Rd. and Lilja Rd. When crews arrived on the scene, the man was outside of his vehicle but was not in the road. He sustained minor injuries and was transported to Mercy Harvard Hosptial.

The Law Offices of Robert T. Edens represent injury victims throughout McHenry County, including those injured in automobile accidents. Call today at (847) 395-2200 for a free initial consultation.

 

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

 

 

 

 

Posted on

Two Injured in Motorcycle Accident on I-294

Early afternoon on Sunday two were injured in a motorcycle accident near Rosemont when the motorcycle hit the back of a Toyota on I-294 said Mark Pilgrim of the Illinois State Police. Both of the injury victims did not sustain life-threatening injuries and the driver of the Toyota had no indication of injury.

If you have been injured in any type of accident in Cook, Lake or McHenry County, Robert Edens can help. He has represented injury victims involved in auto accidents, motorcycle accidents, and all type of personal injuries. Call us today for a free consultation.

 

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

 

 

Posted on

Nursing Homes’ Secret Drug War: Overmedication of Today’s Seniors

It is the worst fear of anyone whose family has a history of Alzheimer’s disease.  One day, their family members will no longer be able to care of them and likely will not have sufficient wealth to hire a 24-hour in-home caretaker.  These individuals will share a fate with hundreds of thousands of other seniors; namely, life in a nursing home.  While there are of course “good” and “poor” facilities, what rings true throughout the nursing home industry is the use of antipsychotic medications for Alzheimer’s and other dementia patients.  What nursing homes often fail to tell family members, however, is that these drugs are in many cases unwarranted and are used by nursing home staff to sedate otherwise healthy patients.

The blame game of informed consent

Informed consent laws were created to act as a form of checks and balances for nursing homes.  Essentially, under Illinois law a licensed health facility, such as a nursing home, must receive written or verbal agreement from a patient (or their authorized representative) before undertaking any procedures or in many cases administering new medication as a treatment option.  In order to obtain the consent, the facility is required under the law to provide a “fair explanation of procedures.”  Unfortunately for many individuals with loved ones in nursing homes across the country, this law has been shown to have been patently abused by health facilities.  Investigations into facilities’ use of antipsychotic medication, such as Haldol, Risperdal and others, have shown that these drugs have been used as chemical restraints in patients who are not diagnosed with the conditions for which the drugs are approved (i.e. Schizophrenia and bipolar disorder).

Use of antipsychotic drugs on dementia or Alzheimer’s patients has been found to be authorized by nursing home staff to control “problem behavior” such as wandering, anxiety, verbal outbursts, and confusion.  In 2010, one study found that 39.4% of patients with cognitive disorders (like dementia or Alzheimer’s) were given antipsychotic drugs and 41% were prescribed these medications in violation of nursing home prescribing guidelines.  Anyone who has seen what dementia can do to loved ones understands that all of these behaviors are not “problems” but merely a symptom of a greater disease.

Follow the money

In nursing homes across the country, government prosecutors have charged numerous for-profit facilities for subjecting patients to unnecessary treatment in order to overbill Medicare.  One study showed that between 2003 and 2008, the 10 largest for-profit nursing home chains cut their registered nursing staff by 37% and received 59% more notices of deficiency from government overseers than similar non-profit run facilities.  These statistics are heartbreaking for anyone who has faced the hard decision of placing their trust in a nursing home facility, only to be betrayed by the greed of the nursing home industry.

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

As Hubert Humphrey once asserted, “it was once said that the moral test of government is how that government treats those…who are in the twilight of life, the elderly…”  If we are to live up to this moral test as a nation, it is up to those who have been wronged to stand on behalf of their loved ones against the abuses some have faced at the hands of nursing home staff, doctors and others who are responsible for ensuring that patients receive proper care.  If you have a loved one in a health facility and have questions about potential abuse, call the Law Offices of Robert T. Edens, P.C in Antioch today.  Our attorneys are skilled at representing clients in nursing home abuse cases from consultation to litigation, and work to ensure that our clients receive the care they deserve.

 

Posted on

Side-Impact Car Crashes (a.k.a. T-Bone): A Blind-Spot for Modern Safety Features?

Nearly every major car manufacturer has at one point in its advertising history highlighted the safety features on one or more of its models. Regardless of whether it is a commercial advocating the installation of more airbags, better seatbelt technology, advance warning systems, crumple zones, or frame improvements, what many of these commercials fail to explain is that most of these passenger protection systems are intended to prevent injury from head-on collisions.  While side-impact collisions do not make up the majority of all car accidents, the technology to mitigate the potential for serious injury in these situations is remarkably lacking.

Unique nature of side-impact car accidents

One of the reasons that automobile manufacturers do not mention side-impact collision safety is that they are well within the industry standard when they focus primarily on head-on or rear-end collisions.  The federal agency responsible for overseeing automobile safety, the National Highway Transportation Safety Administration (NHTSA), primarily focuses its crash tests on the damage done by head-on collisions.  The NHTSA tests automobiles for side-impact collisions, but much of the data shows that modern cars do not offer much protection for these.  This may be due to the increased desire for lighter, more fuel efficient models, but also has been linked to the increase in SUVs on today’s roads.  A standard SUV provides little more than a door as protection against collisions for backseat passengers, whereas there are numerous safety features that are designed to protect all passengers in front or rear-end collisions – i.e. crumple zones, and frame improvements.

Further, side-impact car accidents are not the most common type of car accident and therefore, the focus of car safety experts has been consistently elsewhere.  What many do not realize, however, is that the true danger of side-impact collisions is what is usually sitting in the back seat – children.  It was found recently that children were more likely to be severely injured by side-impact collisions, and a high percentage of car accident injuries suffered by children were head injuries.

Proving fault in side-impact accidents

Another unique complication with side-impact collisions is that it is not always easy to place fault on one driver over another.  T-bone accidents often occur when two cars meet in an intersection, and victims are left trying to heal while also recreating events that can happen in the blink of an eye.  Further, as most drivers are focused solely on their own driving (i.e. color of their light, their speed, etc.), they are unable to help officers or investigators understand how the accident occurred.  Being able to discover whether one driver was at fault, or assigning fault to both drivers is key to recovering the amount of damages a victim of a T-bone accident should receive.

Robert T. Edens | Lake County Personal Injury Attorney

If you or someone you love has been injured in a side-impact (or T-bone) collision, contact the Law Offices of Robert T. Edens, P.C today and speak to one of our Lake County professionals about your situation.  Our lawyers have extensive experience with all types of car accidents.  We can answer your questions, provide guidance, or represent you if necessary to ensure that you recover what you need to begin to put your life back together.

 

 

Posted on

2 Injured in Lake Zurich Auto Accident

A Chevy Camaro traveling southbound on Route 12 collided with a black sedan injuring 2 in Lake Zurich. Current conditions of both injury victims are currently unknown, the accident remains under investigation.

Bob Edens is a Lake & McHenry county personal injury and auto accident lawyer. Contact our offices today for a free, no-obligation consultation at 847-395-2200.

 

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

Posted on

Alcohol a Factor in Cary Boating Accident

Authorities are saying a boating accident that occurred on July 4th involving a pontoon boat and a speed boat involved alcohol.  The pontoon boat was stopped in the Fox River in near the intersection of Midway Street and River Road in Cary when it was struck by the speed boat.  3 people from the accident scene were taken to Advocate Good Shepherd Hospital to treat their injuries.

The Law Offices of Robert T. Edens represents injury victims throughout Lake, McHenry and Cook Counties.  Contact any of the 6 convenient locations today for a free, no-obligation consultation.

 

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

Posted on

Disability vs. Workers’ Compensation: Post-Retirement Considerations

Under Illinois’ workers’ compensation statutes, injured employees can obtain benefits through their employer’s insurance company if they are hurt while on the job.  But what about injuries that occur while someone is fully employed, but have latent effects that do not arise until post-retirement?  Also, what about long-term disability caused by employment activities?  Is an injured employee out of luck?  The quick answer is ‘not necessarily’, as the statutes do not prohibit post-retirement awards.  Obtaining these benefits, and deciding whether it is a good idea to do so, may be a bit more complicated, however.

Post-Retirement Options

Two common scenarios for post-retirement workers’ compensation include the following: 1) the employee was injured while he/she was a full time employee, but the injury did not present itself until post-retirement; and 2) the employee was injured while a full-time employee who was close to retirement, and the injury was so severe so as to cause the employee to no longer be able to perform the duties of his or her position.  The latter scenario recently made headlines on a federal level when it was discovered that the federal employee retirement system allows for some retirees to choose between their government annuity and workers’ compensation benefits.  While some call for reform of the federal system, it is important for any federal employee close to retirement age to consider all their options, including one that may provide greater monthly payments than their current pension benefits.  It should be noted that even non-governmental employees are protected by the Americans with Disabilities Act, and if a work-related injury is sufficient to cause a permanent disability, employers must meet their obligations under this statute – i.e. reasonable accommodations.

The other category of post-retirement workers’ compensation benefits is more likely to affect a wider cross-section of retirees.  If a person who is close to retirement is injured while on the job, and receives workers’ compensation benefits, it may be tempting to officially retire.  The employee is no longer going into work, and he or she has a retirement account that can provide them with monthly benefits without the need for continuing appointments to determine if he/she can return to work.  This option is definitely available to any employee who is eligible for retirement, but caution should be used.  One question that they may wish to ask (of themselves and counsel) is whether they are healed to the point of ‘maximum medical improvement’ and what effect this designation can have on any future benefits.  In Illinois, it may mean that your employer can offset (or reduce) your retirement benefits by the amount of workers’ compensation benefits that you are collecting.

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

Questions?

If you or someone you know has been injured in the workplace and is close to retirement, contact the Law Offices of Robert T. Edens, P.C. in Antioch today and speak to one of our professionals about your situation.  Our lawyers have extensive experience with the Illinois workers’ compensation system.  We can answer your questions, provide guidance, or represent you if necessary to ensure that you receive the benefits that you deserve.

 

Posted on

Deadly Multivehicle Car Accident near Grayslake

According to the Lake County Sherrif’s Office a car crash involving multiple vehicles killed one person Monday near Grayslake.  The driver of a Honda Civic was pronounced dead at the scene at the 18200 block of Belvidere Road and Battershall Road.  Others involved in the accident were treated and released at the scene.

The Law Offices of Robert T. Edens represents injury victims throughout Lake and McHenry Counties.

 

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