Category: Personal Injury Lawyer

The aim of personal injury lawsuits is to ensure the injured party can return to the physical and mental state they were in before they sustained injuries because of someone’s negligence. However, in some cases, the defendant may act violently, cause delays in the investigation or do things to jeopardize a claim against them.

This is where the victim, i.e., you, can charge them with punitive damages.

Punitive Damages vs. Compensatory Damages

Here is how it works. There are basically two types of damages that are available in most personal injury claims – compensatory and punitive. The former is to compensate you for damages and injuries you incurred because of the defendant’s negligence. The second is to punish the defendant for any wrongdoings.

That is not to say plaintiffs can get punitive damages for every injury claim. The judge will only award those to teach the defendant a lesson or to punish him/her to ensure they do not repeat their mistakes.

What the Court Considers Before Awarding Punitive Damages

According to Illinois law, the jury can also award these damages along with compensatory ones if the defendant involved committed acts that were damaging, deliberate or deceitful in nature. It is assumed those actions can be the direct cause of the injuries of the plaintiff.

Some of the things jury may consider when awarding punitive damages include the following:

• How long the defendant maintained the misconduct
• The facts around the misconduct
• How financially vulnerable the plaintiff is
• How many times the defendant acted in an adverse manner
• The harm the misconduct caused
• Whether the misconduct was concealed deliberately by the defendant
• The type of harm caused by the misconduct
• The funds needed to discourage future misconduct and to punish the defendant considering his/her financial situation

However, it is important to note you cannot claim punitive damages in a wrongful death claim. That can only be valid if the defendant has done something wrong to merit it. However, if you were injured on someone’s property because of their negligence and they tried to coerce or threaten you not to press charges, you deserve to get punitive damages. It will speed up your recovery so it is important to understand whether you are eligible to receive them or not.

Proving this in court can be easier said than done if you don’t have a personal injury attorney in your corner. Get in touch with us at the Law Offices of Robert T. Edens for a consultation today. We offer personal injury compensation and representation for residents in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

If you are injured in a store in Illinois, you can receive compensation whether you are or aren’t at fault for the accident. This is according to the state’s comparative fault law in which the value of the settlement is based on the percentage of the fault.

Understanding the Comparative Fault Law

According to the law, you can collect damages even if the accident is partly your fault and the court can adjust the settlement accordingly. This is determined by the modified comparative fault rule.

To understand this law, let’s take a simple example. Say you are shopping in a grocery store and are reading the label on a can without looking where you are going. If you trip and injure yourself in this case, you will be partly at fault for your injuries.

As a person who is in charge of all of his/her mental and physical faculties, you have a duty of care to prevent such incidences. However, even in this case, you will be 5 percent at fault and the store will be 95 percent at fault. (If you slipped on a wet spot that wasn’t cordoned off properly, you may be eligible for more). If you are awarded $100,000 by the court and it is reduced by 5 percent, you will receive a generous $95,000 in compensation.

However, if the court determines you were 50 percent responsible for your injuries, that amount will be split in half and you would receive $50,000 in compensation. If you are more than 50 percent responsible, the verdict may be in favor of the store owners.

You have two (2) years from the date of the accident to file a personal injury claim with an attorney for your claim to be valid. In some cases, the statute of limitations may start running from the date you discovered your injuries from the accident (such as internal bleeding or a hairline fracture).

If you suffered a traumatic brain injury from the accident, you deserve each penny you receive from the store owners. The consequences of this injury can be life-altering and lifelong in some cases. Get in touch with us at The Law Offices of Robert T. Edens for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. Our cases are usually retained on a contingency fee basis and we won’t even ask for it until you recover fair damages from your case.

According to the Child Passenger Protection Act, children who are under the age of 12 have to ride in a car seat. The law was changed from 8 years to include 12-year-old’s under the consideration children grow at different rates. As parents, you need to familiarize yourself with these laws, so you don’t accidentally violate laws during a long drive, to grandma’s place or anywhere you take your kids in the car.

According to state law, if you are transporting a child who is younger than eight, you are liable for their safety. That means you need to ensure they are properly secured in the relevant child restraint system, such as a booster seat. This must be done whether your car has air bags or not.

This includes children who are younger than 16 years of age – according to the law, they must remain secure in the back seat with lap belts. This includes children who are under eight years of age and weigh more than 40 pounds IF there is no booster seat available to accommodate their size.

Similarly, children who are under two years of age have to be secured in a rear facing harness system. The only exception is children of this age who weigh over 40 pounds or are at least 40 inches tall. They can be secured with a forward facing seat.

Besides ensuring your children are secure in the back seat with the appropriate restraint systems, you also have to wear an adjustable seat belt while driving them around. This involves any driver who is under 18 years old who has a graduate driver’s license or until they reach 18 years of age. Plus, they cannot drive with more than one person who is under 20 years old.

It is the responsibility of the driver to ensure every passenger, young and old obeys safety belt laws and the provisions in the Child Passenger Protection Act. In case you are involved in an accident and the passengers are not secure, you will be the one held liable for their injuries.

If you secured your children properly and they were injured because of an accident, you can sue for damages if the guilty driver refuses to pay. If you find yourself in such a situation – whether you had passengers with you or not – get in touch with Bob Edens at the Law Offices of Robert T. Edens. Bob and his staff are dedicated when it comes to representing auto accident victims in Illinois. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. Get in touch for a consultation today.

Very few teens wait until they are older to get behind the wheel. However, without proper training, they can become hazards on the road. If the teen’s vehicle isn’t insured, you can end up paying out of pocket and have to pay a fine of $500 to $1,000 for not having insurance.

Before your teens get you into trouble, you need to make sure they are trained to drive a vehicle. What better way to do that than making them go through the state’s stringent licensing protocols?

Getting A Driver’s License in Illinois

You have to be at least 15 to be eligible for a driver’s license in Illinois. You need to complete three (3) stages and each requires a parent’s permission if you just turned 15. At that point, you can get an instruction permit with written consent from your parents or legal guardians. However, you have to earn it by passing a driver education course, a written test and a vision test.

Once you have the permit, you can drive, but only if you are accompanied by an adult who is older than 21 or a parent who has a valid driver’s license. Plus, they need to sit in the front passenger seat, not the back, and the vehicle should not accommodate more people than the number of seat belts it has.

New or teen drivers must accumulate more than 50 hours of driving, as well as 10 hours of night-time driving before they are allowed to move onto the first phase of the licensing procedure. However, you cannot drive all day to make those up. According to Illinois law, drivers who only have an instruction permit cannot drive:

• Between 10 p.m. and 6 a.m. Sunday to Thursday.
• Between 11 p.m. and 6 a.m. Saturday and Friday.

Once the driver turns 16 and does not have a conviction on their permit for at least nine (9) months, they can apply for their initial license. However, to get it:

• Their guardian or parent of the driver must certify they completed the aforementioned hours.
• They need to provide proof they completed a state-approved driving course, along with proof they graduated from an accredited high school or GED program.
• Their parent or guardian has to go with them to the Driver Services facility to sign a form confirming their consent.
• You need to pass a driving test.

However, even when you get your initial driver’s license, you are not out of the woods yet. You will need to follow certain restrictions by law, such as the time limits mentioned before. Additionally, for the first 12 months after you get your driver’s license or when you turn 18, you cannot have more than one passenger under 20 in the vehicle with you unless the other passenger is your sibling, step sibling, child or step child.

Even the best drivers can get into accidents. If you or someone you love has been hurt by one, you deserve to get the compensation need and deserve. If you face disputes from the insurance company or the other driver, get in touch with us at the Law Offices of Robert T. Edens today. We have more than two decades of experience successfully representing victims like you in court. Call us today in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, and get the compensation you deserve.

Whether an injury is caused by a car accident or a dog bite, it may require a trip to the emergency room – and many other facilities, to get you to Maximum Medical Improvement (MMI). In addition to stress, pain and loss of employment, your injuries can place a serious strain on your finances – especially when you start to receive medical bills. If your injuries require surgery, you will likely spend months in recovery doing Physical Therapy (PT) and/or Occupational Therapy (OT), which will certainly result in a mounting pile of medical bills, which will make you question: Who is responsible for paying these bills?

The Negligent Party Determines the Compensation Amount

Ask yourself: Do you have money to take care of all the expenses associated with your injury? Fortunately, Illinois is a fault state, which means you can demand compensation from the responsible party. However, these cases can be complicated, and you may end up being denied compensation if you are found partially responsible for the accident which caused your injuries.

In this case, Robert “Bob” T. Edens, an attorney with more than 27 years of experience in representing clients who have been injured as a result of the negligence of others, can fight for your rights. Bob can put his years of experience to work and help you understand your responsibilities and how the at-fault driver can be forced to pay you the most amount of money you deserve for you injuries and, if necessary, your property damage.

Illinois is a contributory fault state, which means the damages you can recover from the at-fault party are reduced by the amount of negligence that can be assigned to any other party, including yourself. For example, if you were in an accident where a vehicle in front of you struck another vehicle that was pulling out from a private drive, who could be held liable for the accident? The answer, most likely, would be the vehicle pulling out of the private drive. However, if the vehicle in front of you was distracted due to texting on his/her phone and could have stopped, that driver could also be held liable. Finally, if you were tailgating the vehicle in front of you, you could also be can be held liable.

Although they may act like it, insurance adjusters are not the final word on how fault will be allocated amongst responsible parties. The allocation of fault is determined by the judge or jury after hearing all evidence.  Anything you say to the insurance adjusters can and will be used against you. Therefore, except for the adjuster assigned to your case from your own insurance company, it is in your best interest to call Bob Edens and get a free consultation before giving any insurance adjuster a recorded statement.

Any statement you provide to an adjuster from an insurance carrier, other than your own insurance carrier, will result in them using your statement to allocate less fault on their insured and more fault on you. Simply put, if the judge or jury finds that you were 50 percent at fault for the accident, you may not receive compensation. However, if you are found to be less than 50 percent at fault, the total amount of damages you receive will be reduced by the percentage of fault attributed to you.

In order to win a claim based on the negligence of another party you must prove four (4) things:

1. The defendant owed a duty to do something or refrain from doing something, AND;
2. The defendant failed to do what he/she was supposed to do, or did what he/she was supposed to refrain from doing, AND;
3. The defendant’s failure to do what he/she was supposed to do, or he/she failed to refrain from doing something resulted in you being damaged in some way, AND;
4. What damages and/or injuries were caused by the defendant’s failure to do what he/she was supposed to do, or as a result of the defendant’s failure to refrain from doing something he/she was supposed to refrain from doing.

If the defendant refuses to pay damages, despite being guilty of all the above elements, you can file a complaint against the at fault individual or company. Their insurance carrier will hire an attorney for them and pay any damages a judge or jury imposes up to the limits of the policy of insurance in most cases.

Illinois’ No-Nonsense Dog Bite Law

However, this does not mean Illinois treats all personal injury claims the same. To understand how seriously the state takes personal injury claims, just take a look at its strict dog bite laws.

Unlike other states where most dog owners are protected from liability the first time their pet bites someone, dog owners in Illinois are strictly liable the first time around. In other words, even if their dog has never exhibited aggressive behavior, owners are responsible for any injury they cause to other people.

This will be the case if their dog attacks or tries to attack another person without provocation – wherever they are. The injuries resulting from the attack are damages the dog owner must pay to the injured party.

Whether you were injured because you slipped and fell on someone’s property or because of a dog attack, get in touch with the Law Offices of Robert T. Edens P.C. today. We have been representing and protecting the rights of our clients for more than 20 years and are conveniently located in Libertyville, Waukegan, Woodstock and Antioch, Illinois.

If you are ever involved in a car accident in Illinois due to someone else’s fault or negligence, you have the right to compensation. Illinois follows a tort or fault system to determine who should pay in case like this.

This means anyone found legally responsible for causing the accident must pay damages to the party they injured. That is why most Illinois motorists must carry property and bodily injury damage liability insurance by law. However, this does not mean the injured can’t file a direct case against them if they want to.

On the other hand, according to the state’s comparative negligence laws, an injured party may also have to pay part of the compensation if they are found partially at fault for the accident. In this case, they are liable for paying damages up to the percentage of fault the other driver must pay.

Whether they are responsible, partially responsible or are not at fault, people who sustain damages in a vehicle accident can do one of the following:

1. File a claim with their insurance company: After the accident, the injured party can file a claim with their insurance carrier on the assumption they will be paid and then reimbursed by the at-fault party.
2. File a claim with the insurance company of the at-fault party: This can take longer because the insurance carrier of the other party will try their hardest to reduce or dispute your claim.
3. Sue the responsible party and/or their insurance company: If the insurance carrier or their client (the responsible party) refuses to pay damages, even if the injured party has a valid claim, they can file a lawsuit against them. The tables can also turn if the insurance carrier believes the injured party is exaggerating the value of their claim.

Bear in mind you have two (2) years from the date of the accident to file your claim for it to be deemed valid. Additionally, if the accident proved fatal, the family of the deceased can also file a wrongful death lawsuit against the responsible party. This must be done within one (1) year of the victim’s death,according to the state’s statute of limitations. By taking swift action, you can increase your chances of getting the compensation you deserve and need and bring the at-fault driver to justice at the same time.If you have been injured in a car accident and wish to file a claim, you need aggressive legal representation from the Law Offices of Robert. T Edens. We have been fighting for the rights of auto accident victims for the last two decades in Libertyville, Waukegan, Woodstock and Antioch, Illinois. An attorney will be assigned to your case as soon as you consult with us and will work to make sure you get the compensation you deserve and need. Have a team of professionals working to protect your rights and get the amount you deserve.

Most parents don’t realize, or want to believe this, but they can be held liable if their children get injured on their watch. In Illinois, children mean minors younger than 19 years old. Besides injuries, this also includes car accidents caused by said children because of negligence, lack of parental supervision and/or lack of skills.

This can differ from case to case. For example, parents can also be held financially and legally liable if their child is charged with negligent driving while being supervised. The degree of care they should be responsible for can differ from one case to another, according to facts of a case. For instance, if a teen was asked to drive to the store to get groceries or to shop for their clothes, the parents will be charged by police because clothing and feeding the family is the responsibility of parents.

However, if a teenager used the car for his/her own needs and has a driver’s license, the parents will not be held liable. In that case, they are old enough to be charged themselves. Parents who allow their minor children to get behind the wheel without adult supervision will be charged accordingly in the case of an accident and injuries.

In the state of Illinois, teen drivers have to pass through phases to qualify for a driver’s license, which includes the following:

Permit phase – 15-year-old can get an instruction permit via written consent from their parents or legal guardians.

Initial licensing phase – Initial licenses are provided to teen drivers who are 16- or 17-years of age but only those who have fulfilled all the terms needed.

Complete licensing phase – Teen drivers who are 18- to 20-years of age and who have completed the above-mentioned phases can apply for a complete driver’s license.

Like all drivers, teen drivers will break the law if they use their cell phones while driving but not if they are making emergency calls.

If you have been injured because of a negligent driver, whether teenager or older, you deserve compensation under the full extent of the law. This includes holding legal guardians liable for the damages sustained. Rather than facing them yourself, allow the Law Offices of Robert T. Edens to represent you. We offer our legal services in Chicago, Waukegan, Libertyville, Woodstock and Antioch, Illinois and have recovered millions of dollars for our clients.

There were a total of 4.5 million car injuries recorded by the National Safety Council in 2018, while there were 40,000 deaths due to auto accidents alone. Every 7 seconds, someone gets injured across the United States, making it the biggest safety hazard.

Back injuries are one of the most critical injuries due to auto accidents. According to the Mayo Clinic, auto accidents can lead to more than 40 percent of spinal cord injuries, while the Journal of the American Osteopathic Association estimates lost productivity of more than $100 billion every year. If you suffer from a back injury from an auto accident, you will have 10 days to report an auto accident, or file a car accident under the Illinois Compiled Statutes (ILCS) 625 ILCS 5/11-406 Duty to report accident. An experienced personal injury attorney can be consulted to help make auto accident claims, and seek damages and medical expenses.

An auto accident can lead to following back pain or injuries that need immediate attention and care.

Spinal Cord Injury

The damages done to the nerve or spinal cord can lead to changes in the ability to hold objects or feel sensation in body. It can lead to both temporary and permanent disabilities. In a complete injury, the nerves lose ability to feel any sensation, while in an incomplete injury, there is some sensory function possible. Severe damages can lead to Paraplegia and Tetraplegia.

Discogenic Back Pain

This condition originates due to a damaged vertebral disc and can happen irrespective of a person sitting, lying down, or standing. It’s a form of shooting pain that moves across your body. The pain is hard to identify and needs careful assessment by a physician.

Lumbar Sprains and Spinal Stenosis

Lumbar sprain due to a car accident or from holding heavy objects occurs when the tissues that hold our bones together detach or damage. It’s also the most common cause of back pain. On the other hand, spinal stenosis occurs when the small spinal canal that connects our spinal cord and nerve roots gets compressed leading to a pinching pain, weakness or cramping.

Apart from back pain and injuries, auto accidents can also lead to trauma and emotional distress. Emotional distress can cause loss of focus and for many, be a primary reason for long term depression and anxiety.

If you wish to find out more about workers’ compensation and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

Each year in the U.S., 300 to 400 people die in auto accidents due to wrong-way driving. Many of these wrong way auto accidents are either high-speed sideswipe crashes or head-on collisions. Wrong-way driving (WWD) auto accidents happen when a vehicle driving is travelling in the opposite direction of traffic on either highways or ramps and collide with a vehicle that is legally and properly travelling the right-of-way. Because these crashes can lead to death and severe personal injuries with long term disabilities and brain damage, it is important for all drivers to be aware of the Federal Highway Administration laws and consequences that can be applied.

If you suffer from a personal injury due to wrong-way driving, be aware of your rights and seek consultation from expert personal injury attorneys to help you claim auto insurance and medical treatments you had. As a driver, stay vigilant and use the following tips to protect yourself from wrong way auto accidents.

Main Causes

Wrong-way auto accidents can be caused by driver negligence or from mistakes because signage does not indicate an entrance or exit ramp to the highway. Driver mistakes also are a factor and include driving under influence of drugs or alcohol, using mobile phones or texting, lack of visibility and distracted driving. It is also possible to engage in wrong way driving due to incomplete infrastructure or poor visibility of ramp signs. Cloverleaf ramp designs usually confused drivers who are entering and exiting highways.

Preventive Measures

The best way to reduce the risk of wrong way driving accidents is to anticipate what’s ahead by looking beyond the first line of cars. Other preventive measures include:

• Using blinkers to alert drivers on which lane you will be moving to if you see wrong way driver approaching,
• Moving your car to the right lane as soon as you spot a wrong way driver approaching,
• Ensuring you have on seatbelts and your airbags are in working condition to protect yourself from collisions,
• Calling law enforcement in case of an accident and record the event for auto insurance compensation and processing.

If you wish to find out more about auto accidents and unusual injuries in Illinois, schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

Lack of sleep and inability to concentrate can have a significant impact on the ability of individuals to work efficiently. Not only can it lead to injuries, but it can also be life-threatening – especially for bus drivers, transportation workers and employees commuting to their night shift workplace. Even though there is 60 percent less traffic at night, 40 percent of all vehicle crashes happen at night. Many accidents are due to the disruption caused by circadian rhythm, where our body responds to sleep at night.

Injuries caused to employees while working on night shifts are covered by the Workers’ Compensation Act. However, compensation is exempt in instances of driving under influence, causing injury while speeding, and irresponsible behavior. Claiming compensation will require evidence gathering and filing a compensation form, which a competent personal injury and worker’ compensation attorney can help with.

The Primary Reason for Auto-Accidents

Working overnight can have a significant impact on an individual’s sleep pattern. If a person is sleep-deprived, the following causes can lead to an auto accident:

• If a driver has compromised night vision, they are more susceptible to an auto accident.
• As National Safety Council (NSC) highlights, 60 percent of all adults drive when sleepy, while more than 103 million have been found sleeping at the wheel. Drowsy driving or driving under fatigue has led to more than 100,000 annual crashes.
• If a driver is impaired and has been using drug or alcohol, the driver has a high chance of being involved in an accident between midnight and 3 a.m.
• Asking drivers to make delivers or transport goods under short deadlines.

Prevention Tips

Considering the high number of accidents that happen at night, it is important to provide shift workers with policy manuals and training to help manage their routine. Some ways to limit auto accidents for 3^rd shift workers include:

• Limit the number of night shifts or provide regular day-offs, if applicable,
• Avoid hiring night shift employees that have a long commute,
• Ensure your workplace is brightly lit,
• Ensure vehicles used by night shift workers have working headlights and is free from mechanical issues,
• Drivers should clean their windshield, wear glasses if required, and dim their dashboards,
• Limit the use of caffeine at the start of your shift to avoid trouble sleeping at home,
• Make regular sleep and wake up schedules,
• Refer to a physician if symptoms of severe headache, insomnia, lack of energy is observed.

If you wish to find out more about auto-accidents at night and unusual injuries in Illinois, schedule a free consultation by contacting the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.