Category: Personal Injury Lawyer

Illinois has some of the strictest drugged driving laws in the U.S. If you are charged with driving under the influence of a drug or a combination of substances that compromise your driving skills, you can be charged. In fact, if there is any substance, compound, or drug in your urine, blood, or breath due to cannabis consumption, you will be charged.

The state’s zero-tolerance policy on drugged driving means if an officer has a reasonable suspicion you are under the influence of drugs, you will be arrested. In fact, even if there is no physical evidence on your in your vehicle or drugs, you can still be taken into custody.

Prohibited Drugs

Drugs that are prohibited include cannabis or meth irrespective of the amount that is found in your system. In Illinois, besides alcohol, marijuana is the drug that is used most often before the intoxicated driver gets behind the wheel.

Even though drivers can use prescribed drugs before they get behind the wheel, if they are intoxicated and cause an accident due to their impairment, they are held accountable and charged with a DUI. If he/she refuses to take a drug alcohol test, their refusal can be admitted into the evidence during their trial.

Penalties for Driving Under the Influence Of Drugs

If a driver is found guilty of driving under the influence of drugs, they can:

• Lose their license.
• Face a jail term.
• Have a permanent criminal record.
• Be ordered to pay hefty fines.
• Be ordered to complete a substance abuse treatment program.
• Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

Lose their vehicle or be asked to install a breath alcohol ignition interlock device (BAID).

If you are the unfortunate victim of such a driver, you have way more to lose in comparison. Depending on the extent of your car accident injuries, you can lose your job, remain bedridden for the rest of your life, and may lose loved ones who suffered from injuries with you. Plus, why should you be burdened with medical bills which you would never have been faced with if not for the accident?

If the driver of the other car is at fault and refuses to cooperate when it comes to compensation, get in touch with an attorney at the Law Offices of Robert T. Edens. We have more than 20 years of experience fighting for the rights of accident victims such as yourself in Chicago, Waukegan, Woodstock, Libertyville, and Antioch.

 

An accident can have far reaching repercussions stemming from the injuries and experience of the car crash itself. If you find yourself involved in a car accident and are in recovery, basic daily activities can be challenging and pain may prevent you from sleeping, which can compromise your quality of life. This is the main reason why pain and suffering are calculated when it comes to insurance.

How Pain and Suffering is Calculated

In Illinois, pain and suffering means the physical pain and mental suffering caused by a personal injury. This can include physical discomfort, as well as mental anguish, such as depression, resulting from the pain or because of frustration if the victim is physically disabled during recovery. It is categorized as non-economic harm since no formula exists to calculate it.

When your attorney is ‘calculating’ the compensation you need and deserve for your pain and suffering, he/she considers the extent of the damage it caused. This includes:

• Permanent impact of injuries
• How injuries affect your daily life and activities you normally do
• How injuries impact your career and work for the future
• The nature and extent of injuries
• The lack of interest you display for hobbies and recreational activities due to mental and physical agony, which is the result of the injury
• Acute pain and discomfort caused by injuries

Pain and suffering affects different people in different ways. Some may be able to heal faster from a broken leg, while others (such as people who suffer from diabetes or other illnesses) may take longer to heal. Still others may not be able to withstand the pain and can end up harming themselves due to the trauma the experienced. These factors are considered when a value is being assigned to a claim.

However, the procedure is complicated because there are no bills and receipts that can physically show how much the victim is suffering. Your attorney will use a multiplier method to calculate economic damages you face. If the insurance company refuses to pay the amount, you have the right to sue them.

If you or someone you care about is facing a similar dilemma, get in touch with our attorneys at the Law Offices of Robert T. Edens today. We have years of experience representing personal injury victims in court and have a solid track record of success in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL.

A car accident can do serious damage – not only to your vehicle, but you and your fellow passengers as well. If those passengers happen to be children, the lifelong repercussions of an accident can be heartbreaking.

According to Illinois law, children who are younger than eight years of age have to be restrained in a child safety seat. This piece of safety equipment can prevent serious injuries or worse. Here are some you should be aware of:

Types of Child Safety Seats

If you are aware of the terminology, determining which seat your child should have will be easy.

Rear-Facing Car Seat

This car seat is ideal for small children or infants as it provides the maximum restraint required to prevent injuries during a collision.

Forward-Facing Car Seat

Once your child is too old for a rear-facing seat, purchase a forward-facing car seat. It comes with a harness, which can prevent a child from pitching forward during impact.

Booster Seat

This is a good seat to help your young child transition from the forward-facing seat. It allows children to use a regular seat belt, according to their height. At a young age, children are not old enough to wear only a seatbelt.

In Illinois, children can start wearing a regular seatbelt when they can rest their back easily against the seat and bend their knees over the edge of the seat. Depending on the growth rate, this can include children who are eight to 12 years of age.

How to Protect Children During a Car Accident

If you find yourself in a car accident and your children are with you, their safety should be prioritized. Whether they are aware a crash has occurred or not, provide them a verbal assurance so they remain calm and grounded.

If a serious crash is inevitable, tell them to duck and tuck their heads against the seat in front of them. Also make sure safety locks are engaged before you head out. Doing so can ensure your children will remain seated until it is safe to respond.

After the crash, if you are able to, move the vehicle to the side of the road and turn off the engine. Ask your children if they are safe and contact emergency services. This routine will calm you and keep you grounded, something your scared children will need at the time.

If the driver of the other vehicle is at fault and refuses to cooperate when you ask for their insurance information, get in touch with an attorney at the Law Offices of Robert T. Edens. We have more than 20 years of experience fighting for the rights of accident victims such as yourself in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

If you were bitten by someone else’s dog and it caused an injury, you have the right to file a lawsuit against them to claim damages you need and deserve. If you do, chances are the owner and his/her insurance company may try to dispute your claim. They may argue you were partly to blame for the attack and thus do not deserve any form of compensation.

Illinois Comparative Negligence Law

The state of Illinois has a modified comparative negligence law stating that the amount of compensation a dog bite victim is eligible for can be reduced, depending on their actions at the time of the attack. In other words, the amount you receive in damages can be less than what you expect if it is found you were responsible for the attack.

For instance, if you were 20 percent at fault for the animal’s action because you ignored the ‘Beware of Dog’ sign or trespassed on the owner’s property or tried to pet the dog without asking the owner, you will receive 20 percent of the compensation. If you are 51 percent at fault for the attack on the other hand, you will not receive any compensation at all.

According to state law, you can actually be found more at fault than the dog that attacked you if it is discovered you provoked, attacked, abused or disturbed the dog while it was protecting its litter of puppies. If you cannot prove you were not at fault, your case can be thrown out completely. Plus, the owner and his/her lawyer will do everything possible to ensure this happens by twisting your words and bringing the liability of you claim under question.

You must understand that even if you accidentally stepped on a dog’s paw, it can still be provocation on your part. Having a lawyer who is familiar with such cases can ensure your side of the story is heard in court and you receive maximum compensation for your pain.

This is where the Law Offices of Robert T. Edens will prove invaluable. We have years of experience representing victims like you in dog bite cases and can help you hold the owner accountable. What happened to you can happen to someone else if the owner is not held liable for your pain and anguish. Get in touch with us for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

Does your beloved dog get scared and anxious during car rides? Does he refuse to settle down and stop barking no matter what you do? If the behavior is not corrected, it can cause an accident on the highway. While there are no laws in Illinois that dictate the manner in which a pet should occupy a car, you will be held liable for accidents if they cause one while you are driving.

Here are some ways you can calm your dog and make them settle down during a drive or a trip to the vet or while on vacation.

Allow Your Dog to Get Used to Your Vehicle

Giving your dog treats while you bring them near the car can create a positive association with your vehicle because they are associating it with treats. Plus, make them accustomed to rides by taking short trips with you dog around the block – gradually increase the distance. Give more treats along the way so your pooch can remain distracted throughout the trip. This will go a long way in easing their anxiety.

Tire Out Your Pooch

If your pet is full of nervous energy before a car drive, keeping your eye on the road will be the last thing on your mind. Take time to exercise your canine before the get into your vehicle by playing catch or taking them for a long walk. This activity will tire them out and they should remain calm and sleepy during the ride.

Bring A Source of Comfort Along for The Ride

If your dog loves a particular toy or a blanket, bring it on the trip with you. Your pet will probably curl up with it to get some comfort when they start to feel anxious during the drive. These small comforts can ease their stress but if they don’t, consider leaving your pet behind unless – you need to take him to the vet. In that case, try out the other tips in this guide.

These tips can give you a good head start in training your dog to remain calm and stress free during a car ride. An overzealous pooch can cause a road accident, which you will be held liable for. You are the one behind the wheel, after all.

The Law Offices of Robert T. Edens have been fighting for the rights of auto accident victims for decades in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. Get in touch with us for a consultation today. Our law firm has been fighting for the rights of car accident victims for more than 20 years. Personal injury and workers’ compensation is all we practice. If you or someone you love has been injured in a car accident, contact us today.

Some car accidents can cause severe injuries that can cause paralysis or fatalities. This is not to say minor accidents do not have the potential of causing severe injuries. However, they are more unlikely to result in traumatic ones, such as spinal cord or brain damage.

Serious injuries can prevent victims from returning to work or gaining meaningful employment that can support them. In certain cases, injured parties can live with chronic pain their entire lives, which can permanently impede their prospects.

What are Permanent Injuries?

If you have been permanently disabled because of a car accident, Illinois state considers it a permanent injury. This includes any damages that impede movement and abilities. Since you won’t be able to work, you can ask for compensation from the negligent driver, provided you have an attorney who can ensure you get the full amount you deserve.

Some permanent injuries that qualify for compensation include:

• Disfigurement
• Hearing loss
• An injury that proves fatal (your family can demand compensation for this)
• Loss of use of limbs due to amputation and loss of vision

Some injuries are considered permanent, but partial, which include loss of the following:

• A hand or arm
• A thumb or any other fingers
• Your big or little toes
• A leg or a foot

Besides physical injuries, you can also get compensation for intangible damages you suffered due to the accident. This includes emotional suffering, psychological damages, changes that have negatively affected your lifestyle, or reduced quality of life and financial losses. In case you succumb to your injuries, the compensation will also include losses your family members suffered.

Formulating the case can take some time, and while there are several avenues you can explore, an attorney can suggest solutions that can work for you. The good news is Illinois offers several options that can ensure victims can get the compensation they deserve.

If you are looking for a car accident attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens and his team of attorneys at the Law Offices of Robert T. Edens today. Bob and his staff are dedicated when it comes to providing customized legal services to car accident victims in the state. We have over two decades of experience representing clients like you and can give you the results you are looking for.

Traumatic brain injury is one of the most common causes of infant deaths, which are usually the result of medical malpractice during deliveries. The results are usually life-threatening and oftentimes, fatal.

The Newborn Skull

This is understandable because the skull of a newborn baby is incredibly fragile. It comprises an occipital bone, two (2) frontal lobes and two (2) parietal bones. All of these are fused together via fibrous tissue-based ‘sutures’, allowing those plates to move and the skull to be flexible as the baby squeezes through the birth canal. The supple sutures also allow the skull to grow with the brain as the child ages.

Because the bones are not hardened, the brain is exposed and vulnerable to impact. If a fracture occurs, it can do long-lasting damage to a newborn and can even prove fatal. Mild fractures may not be apparent in the beginning. However, if your baby suffers from seizures, has difficulty sleeping and nursing, chances are he/she has a minor break in their skull.

Common Causes of Infant Skull Fractures

Most fractures newborns suffer from are usually caused by instruments used during delivery. This can happen during difficult or prolonged labor or due to complications (if the baby is unusually large or if it is a breach birth).

If used incorrectly or with force, instruments, such as forceps and vacuum extractors, can cause severe fractures in the baby’s skull. The instruments can be used to grip the baby’s head and pull him/her from the womb with excessive force, which can cause injuries. In this case, the doctor can be held liable, especially if he/she should have had the hindsight to recommend a C-section after determining the delivery would be difficult or high-risk.

On the other hand, an infant’s skull can also fracture due to natural causes. For example, if the baby’s head is caught on the mother’s pelvis or gets stuck in the birth canal, the resulting pressure can cause skull injuries as well. However, this may be an excuses a doctor may use to avoid a medical malpractice lawsuit.

If you need a medical malpractice attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens at the Law Offices of Robert T. Edens today. With over two decades of experience representing devastated parents with newborns injured due to hospital negligence, he can ensure you get the justice you seek and the compensation you deserve and need.