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Why Do Workers’ Comp Adjusters Try To Keep You From Getting Paid?

workers compIf your Illinois workers’ comp was declined, your employer might not be the only one to blame. Claims adjusters are paid to ensure that claimants get as little as possible. That’s how insurance companies make money. Unfortunately, because of this, millions of deserving injured workers are denied compensation that can help them pay for their medical bills and future treatments.

 

Why  Workers’ Comp Adjusters Try To Deny Your Claim

As mentioned, insurance adjusters work for the insurance company, not a charity. They are in it to make a profit. They follow a complex business model that ensures the house (the insurance company they work for) wins every time.

 

Insurance companies collect hefty premiums, use them to invest in other ventures, and pay off as few claimants as possible so they can keep the leftover money. In other words, their job is to pay as little as possible irrespective of the type of claim you have. Their adjusters can also deny claims completely for this.

 

They aren’t out to get you. That’s just how they work within the system. However, this doesn’t mean you cannot call them out on it. Antioch workers’ comp lawyers understand that system and can work with the adjuster to resolve ‘disputes.’ While denying your claims is part of the latter’s job, that doesn’t mean you should put up with it when your finances and health are at stake.

 

Why Employers Can Try To Deny Your Claim

Employers pay premiums for workers’ compensation insurance coverage because they have to from a legal point of view. These are based partially on the claim amount the insurance company can pay in claims.

 

So if one of their employees is out for the count for months because of a workplace injury and requires compensation for surgeries or physical therapy or is permanently disabled, the insurance company may increase those premiums.

 

Employers who want to keep those prices down may deny claims whether they are valid or not. This can happen if multiple employees file Illinois workers’ comp claims one after another in a very short period, which can cause a spike in premiums.

 

Some employers fight these claims to discourage other employees from filing future claims. If you have seen a colleague being harassed or fired for this request, you may think twice about filing one yourself, even if you are seriously injured on the job. Similarly, if a coworker fought for years to get the compensation through the court but their claim was denied because of inexperienced lawyers, you may be discouraged further.

 

Contact the Law Offices of Robert T. Edens for a Consultation Today

If you or someone you know has been injured in the workplace and your employer or the insurance company has denied your claim, contact the Antioch workers’ comp lawyers at the Law Offices of Robert T. Edens today! We will take a detailed look at your case and develop a strategy that can ensure you get the maximum compensation you deserve.

The evaluation is completely FREE of cost, and you will not have to sign anything at that stage. Our advice will be priceless. Contact us today.

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What Are The Most Common Causes Of Pedestrian Accidents?

pedestrian accidentsMore than 6,000 pedestrian accidents led to serious injuries and even fatalities in the last few years. This sobering statistic is just a tragic reminder of how vulnerable we are when trying to go about our day on foot.

Top Causes of Pedestrian Accidents

Drivers are usually at fault in most cases, but that doesn’t mean pedestrians are free of guilt completely. Some of the main causes of pedestrian accidents include the following:

Distracted Drivers and Pedestrians

Drivers are not focused on the road when texting or talking on their phones behind the wheel. Similarly, pedestrians looking down at their phones while crossing the road cannot see oncoming vehicles. It is little wonder why distractions are the leading cause of pedestrian accidents.

Impairments

Drivers who drive while under the influence of alcohol or drugs are dangerous to everyone on the road. Impaired ones can drive straight through crosswalks, break signals or make left turns without looking to see any pedestrians in their way. Besides over-the-counter drugs, drivers can also be influenced by uncontrolled substances such as meth.

Reckless Driving

Drivers who hurry or drive recklessly often fail to see pedestrians or crosswalks before it is too late. The faster a vehicle is going, the less control they have. Besides reducing control, speeding can also increase stopping distance and, thus, the severity of accidents. If a driver speeds around intersections, he is more likely to hit someone.

Adverse Weather Conditions

Foggy, rainy, and snowy conditions can reduce road and pedestrian visibility significantly. While most people avoid driving in these conditions and prefer to walk to their destinations, they are also at risk of being run over by impaired drivers.

Besides reducing visibility, wet conditions can make roads slick. Brakes don’t work on a car that is sliding out of control. These conditions give drivers less time to brake if they see a pedestrian in their way.

Driver’s Duty of Care

These causes have one thing in common – they are caused by a driver’s failure to maintain their duty of care. A driver is legally obligated to maintain reasonable care on the road irrespective of conditions. In other words, they are responsible for keeping pedestrians safe. If they fail to uphold this duty, they are deemed negligent. If their negligence causes pedestrian accidents, they can be liable for injuries and losses.

Contact Law Office of Robert Edens to Get the Compensation You Deserve

If you or someone you know has been injured because of a negligent driver or need legal advice on compensation denied to them, contact Robert Edens. Get the best Antioch pedestrian accident lawyer on your case so you can get the financial aid you need and deserve.

 

This includes funds that can pay for your medical bills and compensate you for the pain and suffering you are going through. The Law Office of Robert T. Edens has helped hundreds of victims like you and recovered millions of dollars for them. It is one of the main reasons our law firm is considered the best in Illinois. Contact us for a free consultation today and before it is too late.

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Spinal Cord Injury Statistics & Prevalence In The US

spinal cord injuryA spinal cord injury can be devastating for your career, and physical health depends on its severity. Whether you injured your spine in a car crash from disease or the result of medical malpractice, the damage can be long-lasting.

Global Prevalence

According to the World Health Organization, this injury is common in 40 to 80 cases per million. Most of them result from traumatic causes, but the non-traumatic cases are also rising.

The symptoms of this injury depend on its severity and location. These can include complete or partial loss of motor control in the arms, legs, or any part of the body. Some can also affect bowel and bladder control, heart rate, and blood pressure if they are serious enough—most people who suffer from this injury experience chronic pain for the rest of their life.

Prevalence in the US

As per statistics, in the US, a person injures their spinal cord every hour of every day. Let’s put this into perspective. According to studies conducted by the National SCI Statistical Center (NSCISC):

  • There are approximately 17,800 new SCI injuries in the US every year
  • Men account for almost 80 percent of cases
  • About 294,000 people live with the injury in the US, and most of them are over 40 years old
  • Most people who get an SCI stay in the hospital for 11 days but can spend a month in rehab afterward

Common Causes of Spinal Cord Injuries

According to Spine Universe, the top causes of SCI include the following:

  • Acts of violence – approximately 13 percent
  • Slip and fall accidents – approximately 31 percent
  • Sporting accidents – approximately 8 percent
  • Medical complications – approximately 4 percent of cases

SCI Severity Range

The severity of a spinal injury depends on its location as well as whether it is complete or partial:

Complete SCI

Complete loss of function and feeling below the injured area.

Incomplete SCI

There is some sensation or movement below the injured part of the spine.

Depending on the type of SCI you have, you can suffer from paraplegia or tetraplegia. The former is paralysis of both legs, and the latter, aka quadriplegia, can paralyze both arms.

High tetraplegia manifests if your SCI is at the top of your spine or neck and low tetraplegia occurs in the lower spine. If your spine was injured because of someone else’s negligence and you suffered from any of these two conditions, hire an Illinois spinal cord injury attorney. Get the compensation you deserve so you don’t have to pay for treatment and rehab out of pocket.

Contact Robert Edens for a Legal Consultation If You’ve Had A Serious Spinal Injury

Thousands of people are denied worker’s compensation in Illinois every year, whether their injuries are severe or mild. They should be compensated for damages in either case, but some employers may make their lives difficult by denying their claim.

 

If you or someone you know suffered a spinal cord injury at work, contact the Law Office of Robert T. Edens today. Get an experienced Illinois spinal cord injury attorney who can fight for your rights till you get the compensation you deserve.

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What Are the Most Common Workplace Injuries in Illinois?

workers' compWhile some environments are conducive to accidents (such as construction sites and warehouses), even an office can be risky for employees. The Illinois workers’ comp program is designed to aid injured workers with monetary assistance if they fall ill or are injured because of their jobs.

Common Workplace Injuries in Illinois

Some of the most common workplace injuries in Illinois that workers can get compensation for include the following:

Slip and Fall Injuries

Common slip and fall injuries in outdoor and indoor workspaces include dislocated bones, concussions, traumatic brain injuries, sprains, and fractures.

Repetitive Stress Injuries

Repetitive stress injuries are common in assembly lines where workers have to repeat the same motions for hours. One of the main ones is called carpal tunnel syndrome, but similar injuries can also cause long-term complications.

Car Accidents

Workers who operate vehicles as part of their job duties (such as delivery and bus drivers) can also be compensated for injuries they sustain from a traffic accident. This is particularly common in crowded areas in the state.

Lacerations

Lacerations can take time to heal and often result in long-term conditions that can force you to take time off work. These are common in the restaurant, construction, and manufacturing industries. Depending on the location of the injury, you may be out of commission for a while as you heal.

What You Should Do When You Get Injured At Work

If you get injured during your work duties, the worst thing you can do is continue working. After getting medical treatment, the first thing you should do is notify your supervisor. This should be done within three days of the incident and ensure the acting physician knows the injury is work-related. Retain all of the documents you get related to your medical bills as evidence, and so you can be compensated for them later.

Also, make sure that your employer submits a report to the Illinois Worker’s Compensation Commission. It should contain your personal data, information about the accident, what you were doing during that time, and how it occurred. If your employer refuses to cooperate, drags his feet, or denies compensation, get in touch with a workers’ comp lawyer in Antioch straight away. In this case, you have the right to sue them.

Contact Robert Edens When You’ve Been Injured On The Job

Every year, thousands of people are denied worker’s compensation by greedy and uncooperative employers. If you are one of those victims, you need a dedicated workers’ comp lawyer in Antioch on your side who can fight for your rights. This is where the Law Office of Robert T. Edens can prove invaluable.

We have more than two decades worth of experience in fighting for the rights of injured workers and have recovered millions of dollars in compensation as part of our efforts. Get in touch with us for a free consultation today.

The longer you wait to take action, the worse it will be for you. Robert Edens can ensure you get the compensation you deserve for the pain and suffering you are going through.

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Is There A Limit To How Much Workers’ Compensation I Receive?

workers' compensationAs an employee in Illinois, you can get compensated for any injuries you sustain at work via workers’ compensation. However, there are limits to how much you receive, and the amount depends on several factors.

Limits of Liability

Commercial liability insurance policies have ‘limits of liability or a cap on the amount claimants can get. However, worker’s compensation is structured differently. It is the main reason why most employers purchase policies that do not offer the coverage they thought they did.

Workers’ Compensation Part A

Part A workers’ compensation covers employees under state laws and offers medical aid, death, rehab, and disability benefits for workers killed or seriously injured on the job. The insurance premiums are based on the employee’s wages and the nature of their work duties. The benefits are awarded on a no-fault basis, and the payments are made on predetermined schedules for definitive injuries.

Workers’ Compensation Part B

Part B workers’ compensation also offers the coverage mentioned above, but it only does if their condition results from their employer’s negligence. This is why it is also called employer’s liability coverage.

So we can say that while Part A fulfills state requirements, Part B covers additional damages beyond the former. These payments are based on injury type and limits. For example, if an employee is injured because of a workplace accident, they can get $100,000 max. If they are injured because of a disease caused by their work, they can get up to $500,000. The latter is often broken down into $100,000 per employee per injury.

Part B is rarely used, but it can benefit an employer’s company in some cases, especially if they are sued by survivors or family members of a deceased employee. They can also avail of Part B if they owe more in damages than Part A can cover. All companies in Illinois have to carry Part A workers’ compensation coverage and ensure all claims are paid on time without taking liabilities into account.

Workers’ compensation protects both employers and employees. It protects the latter by ensuring they do not go in the red if an injured employee or family sues them for damages.

How Long Can Employees Receive Workers’ Compensation?

The answer can differ from one state to the other. It can be anywhere from three to seven years. However, there is usually a limit on the length of permanent disability benefits. Most states terminate weekly ones when a claimant turns 65 years old.

In Illinois, wage differential benefits stop after five years or when you turn 67, whichever comes first. The state also has a comprehensive schedule that sets the maximum number of weeks you can get benefits per the body part you injured. If a body part is injured and not on the schedule, you can get a non-scheduled award that will amount to 60% of your average weekly wages. However, the total amount will depend on the severity of your injury.

 

Contact Robert Edens for Workers’ Compensation Claim Disputes Today

Thousands of people in Illinois and the nation are denied the workers’ compensation that they deserve. If your employer is doing the same to you, Cook County workers’ compensation lawyer Robert Edens can help. Contact the Law Office of Robert T. Edens for a free consultation with him.

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How To Avoid A Traumatic Spinal Injury

Traumatic Spinal InjuryAs per the National Spinal Cord Injury Association, more than 450,000 people in the US are living with traumatic spinal injuries (TSIs).  This type of injury can lead to paralysis and other long-term physical and mental complications.

Top Symptoms of a Traumatic Spinal Injury

The symptoms of a traumatic spinal injury depend on its severity and location on the spinal cord. It can include complete or partial loss of motor control and sensory functions. Several TSIs can affect systems that control the bladder, bowels, heart, and blood pressure. Most people who sustain the injury also complain of chronic pain regularly.

How to Prevent Traumatic Spinal Injuries

The economic and emotional toll TSIs can take on an individual can be catastrophic, so prevention is better than cure in this case. Here are some of the ways you can avoid TSIs:

  • When driving, always wear a seatbelt and make sure your children are in appropriate car seats if they are small enough.
  • Don’t drive if you are under the influence of alcohol, medication, or drugs. Never ride with someone guilty of the same.
  • Pay attention to the road while driving and remove distractions. Never text or call/receive a call while driving.
  • Keep your home clutter-free to prevent slips and falls, especially if you are elderly or have elderly relatives. A fall is more devastating for them because their bones are brittle.
  • Obey all traffic signs while you are riding a bike or driving.
  • Always wear a helmet and other safety equipment if you are on a bike. Replace old or worn-out equipment with new ones.
  • Before skateboarding, make sure the ramps and area are clear or debris you can otherwise trip over.
  • Follow all of the rules of contact sports such as football and wrestling. They are made to prevent spinal injuries.
  • Use caution when you are riding a horse. Wear all safety equipment, and do not ride without an instructor if you are a novice. The instructor can correct your posture and riding skills to ensure you don’t get thrown off.
  • Extreme sports such as bungee jumping and skydiving can be dangerous for the inexperienced. Accidents can lead to lifelong spinal issues. If you take part in these sports, take all of the precautions necessary and never do them without an instructor present.

Contact Lake County Personal Injury Attorneys to File a Lawsuit for A TSI

Whether you injured your spine riding, biking, or skydiving because of someone else’s negligence, you shouldn’t have to pay your medical expenses out of pocket. Contact Lake County personal injury attorneys from the Law Offices of Robert T. Edens instead.

We have represented hundreds of accident victims suffering from traumatic spinal injuries who seek justice and fair financial compensation. If you also know someone going through the same predicament, give them our contact information. The worst thing you can do is wait. The faster you get your case filed, the better your chances of getting the amount you deserve. Our lawyers have years of experience representing clients who thought they never had a chance.

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What Is Required To Make a Wrongful Death Claim?

Wrongful Death ClaimIf you have lost a loved one because of someone’s negligence, you can and should hire Cook Country wrongful death lawyers and sue the guilty party. To make a successful claim, you need to prove the following elements:

Duty of Care

You need to prove that the negligent party had a duty of care, or was in a position to act responsibly regarding the deceased. For example, doctors must ensure that the patients under their care are well taken care of. Similarly, a driver is responsible for ensuring that other drivers and pedestrians are safe from them on the road.

Breach of Care or Duty

If your Cook County wrongful death lawyers determined that the defendant had a duty of care to the deceased, they have to prove that they violated that duty. In the case of a negligent doctor, it can be a misdiagnosis or incorrect surgery that leads to death. For a driver, it could be texting while driving, which leads to a fatal accident.

Causation

You need to prove that the breach of duty mentioned above was the main reason behind the deceased’s death. In other words, your Cook County wrongful death lawyers will have to prove that the malpractice caused the death or that the fatal accident caused by the distracted driver led to the fatality.

Who Can File a Wrongful Death Lawsuit

Since the deceased cannot file a lawsuit, their family or heirs can. This can be their children, spouse, or even a court-appointed individual from the family. However, distant relatives may also have this right if the deceased doesn’t have any surviving family members. Your relationship with them is critical when it comes to determining the compensation you may receive.

In some cases, the case may not be based on negligence. If your loved one died because of a faulty product, the wrongful death claim would focus on its effect on you, along with the emotional/financial issues you faced because of it.

Keep in mind that certain agencies or individuals cannot be sued for wrongful death. This includes government agencies and employees. If you still think you have a valid claim against them, get in touch with Robert Edens for a meeting as soon as possible.

Contact the Law Offices of Robert T. Edens for A FREE Consultation

If you lost a dear friend or a family member because of someone’s negligence, get in touch with our wrongful death lawyers in Antioch at the Law Offices of Robert T. Edens today. We have been fighting for the rights of people like you for several decades – we are known for representing our clients aggressively if it means they get the compensation they deserve.

From the accident right up to the tragic event, you will be harassed by the insurance company. They will try to reduce the value of your claim so they don’t have to pay as much. Please do NOT talk to them till you have your consultation with us. Get in touch with us for a meeting, and we will explain why you should never do that and the options you have at your disposal.

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What Is My Recourse If My Workers’ Comp Claim Is Denied?

Workers CompIn Illinois and other states, workers’ comp insurance covers workplace injuries. If you were injured and your claim was denied, there may be several reasons behind it. You may feel as if you are out of options, but there are steps you can take to reopen your case.

What You Should Do If Your Workers’ Comp Is Denied

If your workers’ compensation request is denied, the first thing you should do is to file an Application for Adjustment of Claim through the Illinois Workers’ Compensation Commission (IWCC). Your employer should file this form, but you can do so as well.

Once that is done, you can request a hearing with them to appeal the rejection. You will get an arbitrator and a case number for your hearing appeal. Workers’ comp lawyers in Waukegan have to file these claims within three years of a worker’s comp rejection.

If you need to get an answer from them fast, you can ask for an emergency hearing via a Petition for Immediate Hearing. However, you can only use this option if your employer owes you more than 12 weeks of disability payments and if you were unable to return to work.

Top Reasons  Workers’ Comp Claim Denial

Just because your claim was denied doesn’t mean your employer has it in for you. There are several reasons why you are in that situation. Some of the common reasons for workers’ comp denial include the following:

  • Your injury did not occur in your workplace. Employers usually deny claims for damages that happen outside the workplace, or if they are not the result of work their employee did for them.
  • You failed to report the injury on time. You have 45 days to report your injuries to your employer to get the ball rolling for worker’s compensation claims.
  • Your employer thinks your injury was your fault. If drugs and alcohol consumption led to your injuries, chances are your claim may be denied. If that isn’t the case, you should hire experienced worker’s comp lawyers in Waukegan to sue for compensation.
  • You have a pre-existing condition that may be confused with an injury. Even these conditions are covered under worker’s compensation if your work duties aggravate your condition. If your employer tries to deny it, you have a solid case on your hands and can hold them liable.

Contact Robert Edens for Legal Representation

If your workers’ comp claim was denied for none of the reasons mentioned above, you should file a lawsuit with help from the Law Offices of Robert T. Edens. We have been fighting for the rights of employees like you across Illinois and have more than two decades’ worth of successful cases to show for it. We have recovered millions of dollars for our clientele.

We can ensure you can get the compensation you deserve. The longer you wait, the higher the chances of claim rejection. We will put all of the resources to work to make your claim strong, and we are not opposed to aggressive tactics if it means you are compensated. Get in touch with us for a consultation today!

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How Long Can I Receive Workers’ Compensation in Illinois?

Workers CompensationAn occupational injury can severely affect your health, career, finances, and emotional wellbeing. While workers’ compensation can compensate you for some of those damages, you are back on square one if they are denied. At that point, you should hire Antioch workers’ compensation lawyers to get the compensation you deserve.

The benefits you get will depend on your specific situation. This includes your medical state and your earnings pre injuries.

Temporary Total Disability Benefits

In Illinois, your workers’ compensation claim allows you to get medical treatment for work-based injuries for a specific period. While you are recovering at home, you can also collect temporary total disability benefits or TTD. These are usually two-thirds of your average weekly salary and can last from a few weeks to years.

TTD benefits are paid till you:

  • Return to work without any medical restrictions.
  • Released back to work with medical conditions.
  • You reach the Maximum Medical Improvement (MMI) status. Your doctor will deem you eligible for this status if your medical condition stabilizes to the point that you can work without compromising your health and wellness.

Your TTD can be terminated if your boss gives you a light job that isn’t physically demanding. This can happen whether you return to work or not. You can still be entitled to benefits if your employer cannot accommodate your work restrictions. If your benefits are denied, consult with Antioch workers’ compensation lawyers as soon as possible.

When TTD is Terminated

Once your TTD benefits are terminated, you can still get other workers’ compensation benefits such as the following:

  • Maintenance awards that cannot be less than your TTD benefits. These should also include expenses and the costs you need for vocational training (if you need to switch professions because of your physical limitations).
  • Wage differential benefits to offset the reduced salary you get in your new position because of your condition.
  • Permanent partial disability benefits (PPD) are paid to injured workers as compensation for a permanent work injury as per the body part injured. It is often a lump sum. On the other hand, if your claim has to go to trial first, you may get weekly benefits only. You cannot get weekly and wage differential benefits together either.

Many workers in Illinois and across the nation are told they are ineligible for worker’s compensation for one reason or another. However, not all of them are true. Hardworking employees often get coerced into opting out of those benefits or settling for reduced benefits because of irresponsible and greedy employers and insurance companies.

Contact Robert Edens to Get the Compensation You Deserve

People who file claims months after their injuries never knew they had the right to do so immediately. By the time they file their claim, it is too late. If you think your employer has denied your benefits illegally, get in touch with the Law Offices of Robert T. Edens today. Our Antioch workers’ compensation lawyers have years of experience helping hard workers like you get the benefits they deserve.

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What If The Person At Fault For My Accident Is Deceased?

auto accidentSome auto accidents can be fatal. If the driver of the other car responsible for your accident dies because of injuries, you can still pursue a claim by contacting their insurance company. Illinois is an ‘at-fault’ state, which means that you are well within your rights to ask for compensation.

How to Prove That a Deceased Driver Was Responsible For a Car Accident

At this point, you need to remember that the insurance company will dedicate all of its resources to invalidate your claim or ensure you get minimum compensation. Unmitigated evidence that Lake County auto accident lawyers present can ensure your case remains strong.

So the first thing you should do after the accident is to take as many pictures and videos of the accident scene as possible if you can. Plus, also file a police report, get information about the deceased driver, take down eye-witness accounts, and gather other evidence that can prove your claim.

Your lawyer can use that evidence to prove that the deceased driver was at fault for your accident. If you delay, the insurance company of the at-fault driver can blame you for the auto accident. The sooner you take action and file a case, the stronger your case becomes.

Filing a Claim against a Deceased ‘At-Fault’ Driver’s Insurance Company

The insurance company is responsible for compensating victims of their policy holder’s actions, whether the latter is deceased or otherwise. For example, if a drunk driver crashed into you and was killed, an experienced attorney will ensure you get compensated by them.

Depending on the circumstances surrounding the incident, you can recover:

  • Incurred medical expenses for injuries you sustained because of the auto accident. This includes ambulance charges, doctor visits, physical therapy, medication, etc.
  • Damages for the pain and suffering you went through because of your mental and physical distress. This can include therapy, medication costs, and any other expenditures you had to pay yourself for your injuries.
  • Lost work hours as you were recuperating or healing from your injuries. With proof of wages, you may also be able to recover the lost wages you missed out on while you were bed-ridden or unable to work.

Contact the Law Offices of Robert T. Edens for a Personal Injury Claim

Filing an insurance claim against a deceased at-fault driver is not impossible if you have a lawyer from the Law Offices of Robert T. Edens on your side. Our Lake County auto accident lawyers can gather a copy of the police report, interview witnesses, and collect other evidence on your behalf that can strengthen your case.

Personal Injury Attorney

We can also negotiate with the insurance company to ensure you get the maximum compensation possible. Our Antioch personal injury lawyers have been fighting for the rights of injured victims and workers for years. Why should you have to pay for your medical treatments when you weren’t at fault, to begin with? Let us handle the case so that you don’t have to. That’s what we specialize in. Contact us for a free consultation today.