Category: Auto Accident Lawyer

A car accident can throw you for a loop, especially if you or your loved ones are injured. However, you can receive compensation for injuries and damages sustained if you remain calm. Here are some things you can do after an accident to maximize your claim and prevent more injuries.

Help Yourself and Others Involved in the Accident

If you are not seriously injured, help your passengers and yourself by stepping away from the crash site. After that, call 911, inform them of the situation and let them know if anyone is seriously injured. If the vehicles involved in the crash are not seriously damaged, move them to the side of the road to prevent another accident from oncoming vehicles.

Gather Evidence and Information

Once you step out of the car, immediately start gathering evidence or information. According to Illinois law, you need to exchange the following information with the driver of the other vehicle(s):

• Names of the drivers and the owners of the car
• Home addresses
• Telephone numbers
• Insurance information
• License and registration of the vehicle involved in the accident

File an Accident Report with the Police

Once police arrive at the scene of the accident, they will fill out and create an Illinois Motorist Crash Report by talking to you and other driver(s). Make sure information you give them is accurate. This is necessary because you will receive a copy of the report, which your insurance provider will need to prove your claim.

If police are not dispatched, you can file the report yourself online if the apparent damage amounts to $1,500 or more. However, if one of the drivers does not have insurance, you can report the incident if damages amount to $500 or more.

Heed the Statute of Limitations

According to Illinois law, you have two years to file for damages from the accident or forfeit your right to them. In fact, you can even be charged if you don’t do this – whether you were a pedestrian or if you were riding a scooter, bicycle, motorcycle or car during the accident.

However, depending on the vehicles involved in the crash, you may have to contend with different charges. This is where the Law Offices of Robert T. Eden come into the picture. We will have a team of professional and experienced auto accident attorneys working on your case from the time of the accident. We provide legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois. Get in touch with us today for a consultation and get the compensation you deserve.

What is an Element?

Auto accidents are distressing and become even more challenging for the plaintiff to win a negligence lawsuit following an unfortunate auto accident. It’s essential for any plaintiff to prove every single “element” that represents and proves the negligence of the defendant.

Elements that Need to be Satisfied

In order to hold the defendant liable, it becomes necessary to prove these following elements to get compensated for your injuries and vehicle damage. Here are the basic elements a judge or a jury would need to satisfy, apart from testimony and evidence when deciding on a verdict in a negligence case in an auto accident.

• Duty of care
• Breach of Duty
• Cause in Fact
• Proximate Cause
• Damages

Duty of Care

Duty is the first of the five elements that needs to be satisfied to prove negligence on part of the defendant. An experienced auto accident attorney will help determine the outcome of the negligence case by proving the defendant owed a duty of care to the plaintiff. Driving laws in Illinois indicate all drivers owe a duty of care to all other drivers on the road to be safe, drive carefully and lawfully and to abide by traffic rules at all times.

Breach of Duty

Once the duty of care has been satisfied, it’s essential for the jury and judge to satisfy the breach of duty element. The plaintiff and their experienced auto accident attorney have to prove the defendant was in breach of duty as the individual drove aggressively and did not abide by traffic rules, hence breached the duty of care.

Cause in Fact

The cause, in fact, is also termed as “but-for” causation. It indicates the defendant’s actions led to the injuries and vehicle damage of the plaintiff. If the defendant actions were prevented, or if the defendant did not act the way he/she did, then the plaintiff would not have suffered any injuries in the resulting auto accident.

Proximate Cause

Proximate cause is related to the actual scope of the responsibility, which falls upon the defendant in an auto accident negligence case. The defendant is only held responsible for the harm and damage they could have foreseen through their actions.

Damages or Harm

Another element a judge or jury need to satisfy is ‘damages’ you or your loved ones have suffered if you were involved in an auto accident. These damages will include any loss of life, severe or minor injuries and damage suffered by vehicle and other personal property.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with a skilled auto accident attorney.

Unfortunately, aggressive driving is prevalent around the world and the U.S. is no exception. Aggressive drivers not only endanger their own lives, but also risk the lives of other drivers and pedestrians on the road. Though it is not possible for you to control their actions, you can exercise caution on the road to avoid becoming a victim of their reckless and irresponsible driving. Here are some tips to help you avoid aggressive drivers and prevent accidents on the road.

Stay Calm – Many people who face an aggressive driver on the road respond by showing anger and hostility, which can further escalate the situation and lead to an unpredictable and violent situation. Therefore, you should try to fight against your negative instincts and remain calm and composed to avoid road rage, which can potentially lead to an accident.

Maintain Distance – If you identify an aggressive driver on the road, try to maintain a healthy distance from their vehicle by slowing down your vehicle, or changing lanes. You may also want to avoid making eye contact with them, as it may provoke them into showing hostility towards you.

Avoid Confrontations – Despite the severity of their actions towards you, never attempt to confront or follow aggressive drivers. If you believe they might pose danger to other vehicles, ask your fellow passenger to record their license plate number, or take a picture and report the driver to the police. If you are driving alone, pull over and call 911.

Defuse the Situation – If things intensify and you confront an aggressive driver, refrain from making any rude gestures or impolite remarks towards them. Try to defuse the situation in a polite way. If they make an ill-mannered gesture towards you, do not acknowledge or respond.

Drive Courteously – Make sure to abide by traffic laws and drive courteously. For instance, do not drive slow in the fast lane or change lanes without giving a proper signal. This way, you will not aggravate aggressive drivers. This will save you from becoming the target of aggressive drivers and avoid a potential conflict before it arises.

Do You Need a Lawyer?

If you have become a victim of an accident due to aggressive driving and road rage, it can be highly beneficial to hire services of an experienced auto accident lawyer. After seeking the appropriate medical treatment, call your attorney and try to gather details of the scene of the incident to be presented as evidence in the court. A competent auto accident lawyer will ensure your legal rights remain protected throughout the case.

Initially, your auto accident lawyer will attempt to reach a settlement in order to avoid costly and tedious court battles. If unsuccessful, they will use their vast experience and knowledge to devise a strong case in your favor, which will allow you to seek rightful damages for your loss and sufferings. Your compensation may cover medical bills, loss of income, pain and sufferings and even loss of consortium, among other damages.

If you wish to find out more about tips to avoid aggressive driver or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

In the United States, accidents involving public transportation entities such as taxis, buses, and trains are not rare, and many people suffer injuries during the commute. These carriers offer services to the general public, therefore, need a license of a regulatory government body to operate. Hence, they are required to exercise the highest degree of care to ensure the safe travel of their passengers.

Causes of Public Transportation Accidents

There are numerous reasons that can lead to an accident involving public transportation, most of which usually involves negligence. Some of the common causes include:

• Driver fatigue.

• Driver impairment.

• Failing to adhere to traffic laws.

• Faulty vehicle maintenance.

• Speeding.

Liability Rules Regarding Public Transportation Accidents

Public transportation is mostly owned by a municipality, thus different liability rules apply to accidents involving taxis, buses, and trains. The procedure of the claim is generally longer compared to conventional auto accidents involving cars and trucks. The laws that govern these types of lawsuits are referred to as State Tort Claims and usually, fall under State Tort Claims Acts.

The amount of compensation will vary from one case to another, but there are certain limitation and caps applicable in case of public transportation i.e. many states allow a maximum amount of $100,000 to be paid as compensation, despite the number of damages it caused. Furthermore, the statute of limitations in cases involving public transportation accidents are much briefer, as shorter as six months or even less.

Why Hire A Lawyer?

If you were involved in a public transportation accident, it is highly important that you seek legal counsel from an experienced personal injury lawyer to ensure that your legal rights remain protected. Moreover, as the accident cases pertaining to public transportation entities are different from conventional auto accidents, there is a specific procedure to initiate a lawsuit, thus having a competent personal injury lawyer is essential to pursue a claim.

If you did not sustain critical injuries, you should take photos of the scene of the incident from different angles, showing any personal injuries or damages to the property. You should also obtain a copy of the police report and contact information from the witnesses if any. This will enable your personal injury lawyer to devise a solid case against the negligent party and help you obtain maximum compensation for your loss and sufferings.

If you wish to find out more about public transportation accidents or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

Spinal cord injuries are among the most severe adverse consequences of a high impact auto accident as it carries a significant part of the peripheral nervous system to the brain. Due to its complex structure, it is one of the highly sensitive areas of the human body. A patient suffering from spinal cord injuries may experience a considerable amount of pain and anguish and must seek immediate medical care, which may prove to be quite expensive.

Therefore, if you have become a victim of an auto accident and sustained spinal injuries, it is important that you hire an experienced auto accident lawyer and file a lawsuit against the negligent party. Let’s check out the three most common spinal injuries that are caused due to an auto accident.

Spinal Fractures

Spinal fractures can cause excruciating pain and severe medical complications. They mostly take place due to seatbelt malfunction i.e. the lower half of the body is held in place, but the upper half is pulled around due to the pressure of the impact; consequently leading to spinal fractures.

Victims who suffer a compression may feel numbness, bladder problems, weakness in muscles, and acute pain in the affected area. Depending on the severity of the impact, a patient may be treated immobile while others may require surgery.

Whiplash

Whiplash is one of the most common types of injury that is sustained in an auto accident involving rear-end wrecks. It occurs when the neck and head are suddenly propelled forward due to the force of an impact while the body remains still. Common symptoms of whiplash are stiffness, pain, fatigue, or blurred vision.

However, it may take a few hours for the symptoms to show; so, a victim may feel completely fine at the scene of the incident. The recovery period is often a few days or weeks, but in some cases, physical therapy may be necessary to alleviate the pain.

Herniated Discs

Herniated discs, also referred to as ruptured discs or slipped discs can lead to a serious medical condition and may require surgery. It occurs when the soft cushions or disc between spinal bones protrudes through a crack in the tougher exterior covering. A powerful impact during an auto accident can result in this extremely painful injury.

Due to the excessive pressure applied to the nerve, the pain can radiate through the body. The recovery period is usually two to four months, however, in many cases, surgery may become necessary.

Should I Hire a Lawyer?

Having your case represented by a veteran auto accident lawyer can be highly advantageous to your case. You might already be suffering from pain and recovering from spinal injuries due to an accident. Your attorney will take care of all the legal aspects of your case and devise a strong case in your favor, which, as a result, will allow you to obtain a maximum amount of compensation.

A skillful auto accident lawyer will try to reach a settlement so that you can avoid time-consuming trial and focus on your recovery. If unsuccessful, they will create a strong case in your favor by gathering facts and evidence including your medical records, CCTV footage of the scene of the incident, photos captured at the scene of the incident, amongst others to help you obtain damages for your pain and anguish.

 

If you wish to find out more about spinal injuries caused due to an auto accident or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.

Most of the injuries sustained in an auto accident such as cuts and bruises are visible; however, there are instances where a victim suffers internal injuries which may not become immediately obvious. These injuries may remain untreated, which can prove to be very dangerous, sometimes even fatal.

If you have been involved in an an auto accident, your priority should be to seek immediate medical attention to ensure that you do not require urgent care. It is also highly important to call a Lake County auto accident lawyer to ensure that your legal rights remain protected.

Common Internal Injuries Due to Auto Accidents

There is a broad range of internal injuries that a victim may sustain due to an auto accident. Some of those injuries include:

Internal bleeding – When a person sustains an injury which results in damage to the blood vessels, it causes internal bleeding which is very serious. The symptoms may include abdominal pain, feeling cold, thirst, fatigue, and lightheadedness. In the case of a ruptured spleen, surgery may be required to repair the damage.

Organ injury – Organ injury is one of the most frequent and serious injuries after an auto accident, which happens when an injury causes damage to internal organs. It is critical that the victim is provided immediate medical attention to prevent further complications or even fatality.

Abdominal aortic aneurysm – When an internal injury affects the abdominal area, it may rupture abdominal aorta. In most of the cases of abdominal aortic aneurysm, the victims do not survive.

Pneumothorax – A victim may also suffer from a pneumothorax, where lung collapses and causes the air to release into the chest cavity. This often happens when a broken rib punctures the lung.

Broken ribs – Not only can broken ribs cause excruciating pain to the victim, but they can also prove to be fatal if they cause a puncture to a major blood vessel or another internal organ.

Why Is Seeking Immediate Medical Attention Important?

When a person is involved in an auto accident, the adrenaline rushing through the body could momentarily mask some of the symptoms of an injury. Thus, they may not feel that they have sustained any bodily harm; however, it is critical to seek medical attention immediately after an accident. A medical professional will evaluate your condition and will be able to determine whether you have sustained an internal injury and require urgent care. If the nature of your injury is severe, this step can potentially make a difference between life and death.

From a legal perspective, refusing or even delaying medical treatment at the scene of injury can provide defense counsel and insurance companies an opportunity to undermine your claim. They may argue that your injuries were not as severe as you claim in your lawsuit or perhaps your injuries occurred after the car accident due to a completely different event. These arguments can reduce the amount of compensation that you may have been entitled to obtain had you seeked or if you seek immediate medical care after the accident.

Therefore, getting immediate medical treatment will allow your auto accident lawyer to rebut these defenses by presenting your medical documents, which will fully document your injuries and overall prognosis. This will enable your attorney to devise a strong case in your favor, which consequently will help you to obtain maximum compensation for your pain and suffering.

If you or someone you love has been injured in an auto accident, contact The Law Offices of Robert T. Edens today at (847) 395-2200 to schedule a free initial consultation.

When it comes to road traffic, the United States can be listed as one of the busiest countries, with around 218 million individuals holding a valid driving license, as per statistics and facts available on Statista. With the sheer amount of traffic on the roads, auto accidents are prone to happen. While some of the accidents may only result in monetary loss and victim is able to escape with minor injuries, others may be more severe and lead to severe injuries or even fatality.

One of the most common injuries that a victim may suffer from an auto accident is traumatic brain injury (TBI). TBI is caused due to damage to the head and can have life-altering effects on the victim’s life. A victim usually requires extensive period to recuperate as they may suffer from memory loss or may lose the ability to speak or think due to the damage, thus requiring legal representation from a competent personal injury lawyer to obtain compensation for their treatment and recovery period.

Symptoms of a Traumatic Brain Injury

A competent personal injury lawyer will assist the victim by presenting the medical reports containing the symptoms pertaining to traumatic brain injury. These symptoms generally include impairment of cognition and motor skills, dizziness, migraines, loss of consciousness, amongst others. A medical professional may perform different tests to assess the impact and severity of the injury and provide a report, which may be used in the court as an evidence to strengthen the case.

Proving Negligence

There are 4 points of negligence that must be proved by the plaintiff to obtain compensation from the defendant, which include duty of care, breach of duty, injuries, and causation. Thus, your personal injury lawyer will have to demonstrate that defendant owed you a duty of care, they breached that duty of care, and that breach caused you a traumatic brain injury.

Every driver on the road must obey traffic rules and owe a duty of care to their surroundings. The breach of duty can also be determined by surveillance video. The medical report of the injuries that you sustained after an accident can be used to associate the damages to the accident and may help you to prove that the traumatic brain injury you suffered has a direct connection to the auto accident.

How are Damages Calculated?

In case of a successful claim, a victim may be able to obtain compensation related to their traumatic brain injury including medical bills, loss of income, trauma, and pain and sufferings that they had to endure due to the accident. These calculations can be extremely complicated as they depend upon the severity of the case, thus an expert witness with a background in the field of economics and medicine may be utilized to substantiate and explain the damages that are necessary for recovery.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

When it comes to initiating a legal claim, there are a multitude of complexities attached to a case, especially when it comes to auto accidents. It is not uncommon for an individual to unintentionally make mistakes that may weaken their injury claim and adversely impact the amount of compensation that they are rightfully entitled to obtain. Here are the 3 most common mistakes people make after an auto accident which may prove detrimental for their personal injury claims:

Delaying in Seeking Medical Care

If you become a victim of an auto accident, it is critical that you seek immediate medical attention as not doing so can present several problems during the case. For instance, the insurance company may argue that your injuries must have not been as severe as you were able to wait so long to obtain medical care. Moreover, if the delay is substantial, say more than 2-3 days, the insurance provider may also argue that the accident was not the causation of your injuries.

If you have procured services of an experienced auto accident lawyer, they will help you to prove that the injuries that you sustained were caused due to the accident. However, delaying the medical treatment will allow the insurance provider to reduce the amount of compensation that they are obliged to pay in respect of your accident.

Not Contacting the Police

The next thing that you should do immediately after an auto accident (after checking that you have not sustained serious injuries) is to call 911 and contact the police. A police officer writes an official police report, which entails critical information regarding the incident that can be crucial to your claim. Having a police at the scene of the incident helps in preserving the evidence related to the accident, which may play a significant role in the determination of the decision of the case.

The police officers might also take photographs of the accident which may help your auto accident lawyer to prove the negligence of the defendant and help you obtain maximum compensation for your loss and sufferings.

Signing any Document or Giving a Recorded Statement

An individual is usually confused and perplexed after an accident, thus the insurance company of the defendant party may contact you immediately and try to take advantage of the situation by asking you to record a statement or requesting your signature on a document. Always refrain from making any comments or signing any document without consulting your auto accident lawyer as the insurance company could attempt to use it against you.

Learn that you are under no obligation to provide a statement or sign any document after an auto accident, thus under no circumstances, you must oblige to their request without discussing the matters with an attorney.

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced auto accident lawyer.