As consumers and employees, insured drivers and individuals become more aware of their rights, the laws that govern personal injury are more frequently utilized by those who have a right to be compensated for debilitating injuries. Personal injury law is something...

As consumers and employees, insured drivers and individuals become more aware of their rights, the laws that govern personal injury are more frequently utilized by those who have a right to be compensated for debilitating injuries. Personal injury law is something that few people understand until they have a reason to make a claim that will help get them back on their feet, or in the most serious cases, provide the long term ambulatory and assistive care that they need.

Personal injury cases come from a variety of backgrounds. Injuries can occur as a result of a motor vehicle accident, in which case the individual will be seeking compensation from an insurance carrier. In other cases an individual can be injured in the workplace, whereby the facility or employer may be found negligent and responsible for retributive compensation. In other cases, a felony charge may be involved with regards to domestic assault, or in aggravated assault in which the accused may be charged in a civil court for damages regarding the personal injury of his or her victim.

It’s important to know whether your injury qualifies as a case of personal injury where compensation may be owed to you. After substantial injury there are medical costs, the cost of assistive devices and medical caregivers or therapies, which may be required to return an individual to preinjury functioning. A successful personal injury legal suit will provide the income needed to cover costs and recoup (where possible) pre-injury functioning and quality of life.

Personal Injury Law in Illinois

In the state of Illinois there is a time limit of two years with regards to filing a personal injury lawsuit in civil court. Twenty-four months after the injury has occurred the statute of limitations for filing a civil case expires. Usually the statute of limitations begins on the date of the injury or the incident, however in some cases the statute of limitations begins on the date that the individual realized that they were injured. This sometimes happens when there is a delay in acknowledging the injury or when the individual does not feel they are hurt, but significant injuries are documented upon medical evaluation. In this particular situation the statute of limitations is set on what the court in Illinois refers to as the “discovery date”.

It should be noted that in the state of Illinois for personal injury claims made against a city or municipality (such as the town or county) the statute of limitations is 12 months. An individual must file a formal complaint and personal injury claim within one year after the discovery date. The time provided to legally sue a government agency is up to two years.

The Comparative Fault Rule in Illinois

The state of Illinois believes that in all cases of personal injury there is mutual liability. For instance, the state does not allow an individual who is been injured to claim no fault. A Comparative Fault Rule in Illinois allows the court to determine what percentage of fault the injured was responsible for versus comparative fault for the business, employer, or facility who may have been negligent in their operations and contributed to the injury. For instance, if an individual chose to part in a construction area and was injured by construction equipment, the court may decide that 20% of the fault resided with the decision to park in a high risk zone. The other 80% of fault resided with the construction company and the owner operator for contributing to the injury. In the case of comparative fault, if the injured was awarded $100,000 they would be entitled to receive the amount less the percentage that reflects their own personal at fault. In this demonstration individual would receive $80,000 as a settlement.

The purpose of the Comparative Fault Rule in Illinois is to ensure that people are making intelligent decisions and choices when it comes to protecting their own personal health and well-being. It also attempts to be fair in the assumption that they are two sides and two contributing factors to every personal injury case.

Personal Injury and Long-Term Disability

In cases of minor injury, the purpose of a personal injury lawsuit is to compensate the injured for expenses regarding medical, rehabilitative care, and loss of income as a result of the inability to work. In some cases however even long-term care and therapies cannot restore someone to their pre-injured level of employability. In those cases the personal injury lawsuits will estimate the lost income potential as well as medical expenses incurred and those which may be incurred in the future as part of necessary treatment.

If you feel you have a personal injury case where a second party was negligent in a manner that contributed to your injury you may have grounds to seek compensation through civil court. A personal injury attorney in Chicago will be able to evaluate your injuries, medical documentation, and the circumstances of the accident to determine your eligibility.

(Image Credit:http://i.ytimg.com/vi/jWwYUnXefSs/maxresdefault.jpg)

(Image Credit:http://www.kfz-schaden-potsdam.de/assets/images/a/31527190_m-8180384a.jpg)

Are you prepared for the steps you should take immediately following a motor vehicle accident? We’ve broken them down into four steps to ensure that you are prepared. Step 1:...

Are you prepared for the steps you should take immediately following a motor vehicle accident? We’ve broken them down into four steps to ensure that you are prepared.

Step 1: Document at the Scene of the Accident

One of the most important things you can do after a car accident is to document thoroughly the conditions of the accident and other vital information that can help with your insurance claim, and to reduce your personal liability costs. Immediately following an accident individuals can be in a state of shock, where they can experience pain and disorientation from an injury sustained during the accident. Where physically possible is important to document everything to protect your interests.

Unless you are injured start by talking to the owner of the other vehicle if you feel it is safe to do so. In most cases it is recommended that you contact the police department to report the accident. If the other parties involved in the accident are angry, threatening, or abusive in any way it is best to remain in your vehicle and wait for the authorities to arrive. Once the police arrive they will do their own due diligence by documenting the scene of the accident, and taking eyewitness accounts. The police officer will also lay a charge for the fault of the accident on the scene, where fault is easy to determine.

To protect yourself, get the names and phone numbers or email addresses of any witnesses that may have seen the accident. Politely approach eyewitnesses and ask them for their information, and a statement regarding the accident if you are not at fault. These witnesses can later be called into court if the accident is disputed or requires additional legal action.

Take pictures of your vehicle, and any other vehicles that are involved in the accident. Also take pictures of the scene, if the conditions are icy or wet remember to take pictures of the road to demonstrate hazardous road conditions that may have been a contributing factor to the accident. The evidence that you collected the scene of the accident can be your best defense against hearsay or inaccurate information reported by other parties.

Step 2: Report to a Hospital for a Medical Evaluation

When a human being is the subject of a motor vehicle accident, or any kind of traumatic incident, our bodies release hormones that help to relax us. The adrenaline that you experience after an accident also makes it difficult to determine with any accuracy if you have been injured. Many people make the mistake of thinking they feel fine, with no abrasions or discomfort, only to find themselves unable to get out of bed the next morning due to impact of injuries.

After having a car accident the last thing you want to do is find your way to a local hospital and sit for a few hours in emergency until someone can evaluate you. We know that the majority of people would rather go home and relax than head to the hospital, but insurers would instruct you to get an accurate medical evaluation including x-rays as evidence. Better to be safe than sorry and have a medical evaluation done immediately following the accident in the event that you may require a personal injury claim.

Step 3: Contact Your Insurance Provider

While you are sitting in the hospital take a moment to report the accident to your insurance provider. The second party in the accident or other drivers will promptly report the accident to their own insurance carriers. It is important that you speak to your own personal automotive insurance adjuster to report the accident, the road conditions, the time of the accident, the make an approximate age of other drivers involved in the accident and other important information. Your insurance adjuster will interview you and your statements will become part of your insurance claim, and also provide your automotive insurer with evidence to dispute damage claims or personal injury suits from the other parties.

Most insurance policies require that you report an automotive accident within 24 hours. Failure to do so can result in legal consequences for yourself and your family. Your insurance carrier will appreciate any documentation that you provide including pictures of the other vehicles, your vehicle, and evidence of road conditions where applicable. Your insurance company will also let you know where your vehicle can be towed to for repairs as many insurers have dedicated repair centers for policyholders.

Step 4: Contact an Attorney

If your motor vehicle accident involves the degree of personal injury, which includes your driver injury or injury of other participants in the accident, it is recommended that you consult with a personal injury attorney in Chicago who can advise you on next steps. If you are the individual who has been injured, you may require therapies and medical treatment to rehabilitate you, and you may be required to engage in short-term or long-term disability depending on the severity of your injuries.

In the event that your personal injury claim will be going to court, a qualified personal injury lawyer will represent your needs, and help you to restore your preinjury functioning and income as soon as possible.

(Image credit: http://houstoncaraccidentslawyer.com/wp-content/uploads/2014/05/SM14025900_l-300×198.jpg)

In most personal injury cases, the victim often relies on the legal concept of ‘negligence’ to prove the other person’s fault for the accident. When it comes to...

In most personal injury cases, the victim often relies on the legal concept of ‘negligence’ to prove the other person’s fault for the accident. When it comes to related insurance claims and lawsuits, the issue of fault and legal liability boils down to establishing who, among the drivers involved, was negligent.

One of the most obvious ways a driver can be said to be negligent is when he is driving under the influence of illegal drugs. Apart from that, driving after consuming certain prescription medications can also result in negligent driving.

We’ve all come across certain commercials with warning signs that prohibit us from consuming particular medicines before operating heavy machinery. This applies to vehicles as well. If you’re found driving under the influence of such medicines, you can easily be accused of negligence.

Negligent Driving Includes
1. Not Being Vigilant

Inattention or taking your eyes off the road for even a split second when driving constitutes as negligence. This, again, is an extremely common form of carelessness on the road.

Not being vigilant when driving can lead to some serious consequences.  Drivers are required to be extremely alert when behind the wheel as this keeps them primed for dealing with unexpected occurrences on the road.

A few common examples of a lack of vigilance when driving include getting distracted due to:

• Looking at the side of the road
• Viewing a map
• Reading
• Changing the radio station
• Using a cell phone
• Taking your hands off the steering wheel while the car is in motion. For example, using the glove compartment, adjusting your seat/seatbelt, removing something from your pocket, applying makeup, eating or drinking, and even shaving
• Looking into the backseat (for any reason), thereby driving with your back to the road
• Looking at your passengers and talking to them when driving

Lawyers make use of one or more of the above examples to demonstrate negligence in a car accident case. If you’ve been a victim of a car accident, and have credible evidence which can prove that the driver was, in fact, indulging in any of the above activities at the time of the collision, you can prove negligence on his part and even avail a fitting compensation.

If, however, you have caused a car accident because of doing any of the above activities, you can be held responsible for it and your insurance company will be the one paying the compensation and increasing your premiums.

Of course, you can approach an experienced lawyer to fight your case in court. Be sure, however, to approach one in your area as such a lawyer would be well-versed with the laws of your state, which will be immensely helpful. If you live in Chicago, for instance, look for a car accident lawyer in Chicago, and you should be good.

2. Disobedience of Traffic Norms

Traffic rules exist for a reason. They aim to minimize inconvenience to drivers as well as pedestrians, thereby promoting orderliness on the road, and preventing accidents and other road mishaps. Breaking traffic norms can make you a negligent driver, and ascertain you as the one responsible for an accident.

Disobedience of traffic norms includes:

• Running red lights or stop lights
• Speeding
• Driving too slowly
• Stopping your car over the line at an intersection

3. Not Being in Control of the Vehicle

This can be highly risky. A driver who isn’t in control of his automobile is sure to cause an accident. This entails:

• Stopping suddenly or without any warning on the road
• Stopping over the line at an intersection
• Swerving for no good reason

4. Not Using the Vehicle’s Safety Features When Required

With all other aspects of driving in place, the misuse or the underuse of the vehicle’s features and equipment could prove negligence. It is, therefore, extremely important to ensure that every part of your vehicle is well-maintained and in good working order. A few examples of this include:

• Failing to dim high beams
• Not using the indicator when making a turn
• Not engaging hazard lights
• Driving with defunct brake lights and/or headlights

Drunk driving is highly dangerous, to the extent that it usually isn’t included in negligence laws. In fact, drunk driving has its own set of laws i.e. DUI/DWI laws. It is, typically, treated as a criminal offense.

Proving Negligence in Car Accident Cases

In most jurisdictions, the plaintiff (or the victim) must prove the following four legal elements to confirm that the defendant (the person allegedly at fault) was negligent in a car accident claim.

1. Duty of Care

The defendant must owe the plaintiff a duty of care. As per the driving laws, all drivers owe other drivers the duty to drive safely and obey all the traffic norms.

2. Breach of Duty

The plaintiff must prove that the defendant breached his duty to drive safely. For example, the defendant failed to obey traffic norms.

3. Causation

The plaintiff needs to prove that the defendant’s breach of duty actually caused the injuries. If the defendant did not cause injuries, he will probably not be held liable.

4. Damages

The plaintiff should be able to calculate into a particular amount, the losses and costs incurred by him due to the injury. If he’s unable to put the amount in numbers, his damages may be reduced or denied.

Most car accident disputes revolve around causation, wherein the defendant argues that he is not accountable for the plaintiff’s injuries, or that the plaintiff is responsible for his own injuries. Breaching the duty of care is also a commonly used argument.

Remedies for Negligence

Most car accident claims would require the negligent party to pay the other party a compensation for their injury and other losses and expenses related to hospital bills, lost wages, and vehicle repair fees.

Apart from that, depending on the seriousness of the case, the responsible party may end up losing their driving privileges either temporarily or permanently.

Conclusion

Proving negligence in a car accident case may be difficult is absolutely essential to be able to establish fault and receive the compensation you deserve. A skilled car accident attorney would be adept at satisfying the elements that need to be proven in such cases. Apart from that, the above information should help you understand what negligence is and what it entails, so that you can take up the matter appropriately and adequately with your attorney.

(Image Credit:https://www.flickr.com/)

Accidents are unpredictable and beyond our control. What is in our hands is the ability to ensure that another person does not get injured owing to our negligence. Being a victim of personal injury can be not only physically...

Accidents are unpredictable and beyond our control. What is in our hands is the ability to ensure that another person does not get injured owing to our negligence. Being a victim of personal injury can be not only physically painful, but even mentally and emotionally devastating. In such a scenario, a victim must fight for his/her rights.

The victim must claim compensation for the loss he/she has incurred. The most common types of personal injury claims include road traffic accidents, tripping and falling, assault claims, workplace accidents, accidents at home, professional malpractice, harm caused by a defective product and intentional wrongs.

When it comes to personal injury claims, it is important for you to bear in mind that filing a civil lawsuit and pursuing a financial compensation is a very crucial step. It needs you to take care of all the minute details. By not doing so, you can run into a number of pitfalls, and this can significantly hurt your chances of recovering a fitting compensation.

Here are the seven mistakes you should avoid when filing a personal injury lawsuit.

1. Misrepresenting the Injury

One of the biggest mistakes to commit when filing a personal injury claim would be misrepresenting your injury.

You cannot exaggerate the severity of your injury to avail a higher compensation. Neither should you underestimate your injuries on the basis of your assumptions. This will only lead to discrepancies later and may come in the way of your claim recovery.

The best step to take would be to consult a medical expert and get an opinion from him/her about your injury. Only he/she can provide you with a clear picture regarding the severity of your injury.

2. Taking Too Much Time to File the Claim

A personal injury lawsuit needs to be filed within a certain time limit. This is known as the “statute of limitations.”  It clearly states that the period of time for filing the lawsuit begins when the plaintiff is injured or discovers the injury.

The time limit is established by the state law and the jury. Moreover, it depends on two major factors:

• Type of injury
• The state you live in

You need to be aware of the deadline and file the claim accordingly.

3. Not Filing a Police Report

When it comes to filing claims, the police report plays a crucial role. There are two reasons to file it.

First and foremost, a police report acts like an official record of important information that constitutes all the details regarding the incident and the contact details of the concerned parties.

More importantly, if a lawsuit arises, then the police report is a major piece of evidence, which can be raised in the court.

Hence, calling the police after the accident is a must. This will put the formal investigation in place. In a scenario where the negligent party denies liability, it can get very difficult for you to prove the case in the absence of a police report.

4. Not Seeking Legal Advice

In order to protect your interests, seeking legal advice is an important step.

Don’t take the risk of not taking legal advice, assuming you will be able to handle the matter all by yourself. This can cause more damage to your case. Dealing with insurance companies without legal aid can be difficult and in many cases, outright impossible. It is very likely that insurance companies might not take you seriously if you are not being represented by a legal professional. Moreover, your claim could be denied, delayed or settled for a much lower amount than you actually deserve.

It is, therefore, of utmost importance to be represented by a reputable lawyer, one who can fight for your rights and against the wrong that has been done to you. An experienced personal injury lawyer can be a priceless asset. You should not underestimate his/her potential and his/her ability to help you obtain a just outcome.

There are a lot of ways to find an experienced personal injury lawyer. If you or your close ones have been the victims of a personal injury, then you need to seek legal advice from a reputable and skilled lawyer.

Searching online can help you greatly. For instance, if you are a resident of Chicago, you can search online for injury attorney Chicago. This will provide you with several relevant results. Once you are done with shortlisting a few lawyers, you can check their reputation through online rating. Moreover, you can also ask for recommendations from your friends, colleagues or relatives.

5. Not Making the Needed Documentation

A personal injury does not come with just physical pain, but there is emotional stress that a victim has to go through too.  This makes it very easy to forget the exact details of the accident. It is, therefore, very important to record every single detail of the accident while it is still fresh in your mind.

Make sure to have records of the following:

• Every  conversation with the insurance company representatives
• Doctor visits,  prescribed medication and medical bills
• Nature of your injuries along with photographs
• Lost wages
• Contact details of the witnesses and parties involved in the accident

By documenting every bit of the accident, you will be able to prove the physical and financial suffering that you have undergone.

6. Not Seeking Medical Help

Seeking legal advice is essential when filing a personal injury claim. But a much more important step is to see a doctor right away after the injury. Failure to do so can be held against you later by the defense.

The defense may argue that your injuries may not have been severe enough to warrant a visit to the doctor, and hence, do not deserve to be compensated for. It is also likely that the insurance company may argue that failure to see a doctor immediately after the accident indicates that your injury might have been a result of an unrelated event either before or after the accident.

It is, therefore, highly advisable to avail medical treatment right away. The longer you wait for it, the more complex your case can get.

Further, you should see to it that you cooperate with the doctors and the physical therapists you see. Documenting your suffering is important, so work with your doctors by explaining the accident in detail, as well as any pain you may still be experiencing. This can help you get a letter from the doctor that connects your injuries to the accident, and thereby support your case.

Conclusion

When you are injured due to another person’s negligence, the last thing you want to do is make mistakes that may negatively impact your chances of receiving compensation. Do not let the situation overwhelm or confuse you, because that may result into you taking steps without careful thinking.

The physical pain and emotional turmoil is difficult to cope with when dealing with an unwitting and underserving personal injury. But by avoiding the above mentioned mistakes, you will be well on your way to availing a personal injury claim successfully. This will, at least, help you deal with the financial burden during such a trying time.

(Image credit: https://www.flickr.com/photos/teegardin/6093699369)

Ask anyone from the legal world about the number of car accident cases going to trial, and you’re bound to get a single-digit number as the answer. The truth is car accident claims seldom go to trial....

Ask anyone from the legal world about the number of car accident cases going to trial, and you’re bound to get a single-digit number as the answer. The truth is car accident claims seldom go to trial. In fact, the parties involved in such a case usually end up reaching a mutually agreeable settlement outside the court, in a bid to skip the pricey and time-consuming litigation.

One of the most effective ways to obtain a fitting settlement of your car accident claim is to present your most pressing case to the insurance carrier of the person at fault via a detailed demand letter and persuasive follow up negotiations.

Further, if your injuries are minor, it would definitely be more economical for you to settle your car accident case out of court. But how do you go about doing that? This post has more.

Demand Letter – What’s That?

The demand letter is probably the most important document that you will draft during this process. It is drafted by the injured party and states all the facts and the conditions surrounding the accident and the medical treatment. It is considered the starting point of the negotiations.

It is crucial to draft it carefully as it is the victim’s best opportunity, to present his strongest case to the insurance company of the person at fault, outside the court.

A well-written demand letter, typically, contains a narration of the events leading up to the accident. It also contains an account of the goings-on during the accident, in-depth information of the medical treatment(s) received, and the details of all the medical bills and lost wages.

The demand letter will also ask for an amount of money which would be considerably higher than what the victim will actually accept. This is done in order to broaden the scope for negotiations, and to provide ‘room to move’ during the process.

What Happens Next? Initial offer

Once the insurance company receives your demand letter, they will assess it. They will also evaluate any other document that you may have sent them. You can then expect the insurer to make an initial offer to settle the claim.

Don’t be surprised if the initial offer is significantly lower than what you expected. Your insurer is using the same tactic as you did. Just as you quoted an amount much higher than what you’re actually willing to accept, the insurers also tend to offer lesser than they have actually allotted to your claim.

Do not be in a hurry to accept their offer and decline the first offer made by the insurer. You will need to draft a written response to the initial offer in which you specifically state that you have, in fact, refused the offer. Along with that, the letter should also mention the reasons why you think the offer is unacceptable. For example, the offer may not be enough to cover all your medical bills, or may not adequately take into account all the physical and mental pain and suffering caused to you.

Choose your words carefully, as the main purpose of your response letter would be to courteously, but strongly put forth the key concerns of your initial demand letter to the insurer. It should conclude with a counter-demand.

The amount by which you reduce your counter-demand can depend on several factors. Many a time, this amount is determined by reducing the initial demand by the amount of the first offer from the insurance company. For instance, if you made an initial demand of $10,000, and the insurance company offered you $3,000, your counter-demand may be $7,000.

These negotiations will likely continue for a while. If they come to a standstill, you can provide the insurers with more supportive information such as a letter from your doctor or photographs of your injuries, scars, marks, etc.

Mediation

If negotiations have come to a halt, it may be effective to have a neutral party facilitate a statement. Hiring a professional personal injury mediator may help. Such a mediator is, typically, an attorney with considerable experience in settling and trying personal injury cases.

Do make sure you hire an attorney from the state where the accident occurred as he would be well-versed with the laws and the legal procedures practiced in that jurisdiction. If you met with an accident in Illinois, look for a car accident attorney in Chicago.

Having a mediator by your side can give you fresh insights into the case. He can identify the strengths and weaknesses of each party’s case. An effective mediator will be able to bring both the parties on the same page and encourage a mutually agreeable resolution.

To Accept or Not?

Sooner or later, at some point in the negotiation process, either through the back-and-forth communication with you or through mediation, the insurer may make you an offer that meets your expectation.

Before you accept that offer, make sure that it covers all your medical bills, including those which are still unpaid. That should leave you with adequate compensation after deducting your attorney’s fees. If you have reached a verbal consensus on the amount, make sure you follow it up with a written note, in which you reiterate the amount offered and accepted.

The insurance agency will not send you a check until it has received a ‘release’ signed by you. The release is a legal document which ascertains that in exchange for accepting the settlement money, you will not be pursuing any other claim for any kind of damage arising out of the accident.

This is why you should be all the more careful before you accept an offer. You need to be sure that your injuries have reached maximum improvement before accepting payment and signing the release as doing so will prohibit you from any recovery in the future. Sign and send the release only if you’re certain that your medical condition is resolved.

Do let them know that you expect to receive the check shortly. If you’ve engaged an attorney, the insurers will send the check to him, and he will then handover the money to you.

Conclusion

Being the victim of a car accident can be extremely unsettling. The physical recovery can take a while and the pain and the mental suffering can leave one traumatized. The last thing you need, in such circumstances, is the added pressure of settling your claim. Out of court settlements are extremely common and serve as a quick and cost-effective way to get the compensation you deserve. Hiring a good lawyer can make the process easier on you. The above pointers should help you understand what such a claim entails and how you can deal with it effectively.

Trouble never informs anyone of its arrival. Neither does a car accident. Regardless of how carefully you drive or how much you adhere to traffic norms, car accidents are highly unpredictable and can happen any time. You can be involved in an accident even without...

Regardless of how carefully you drive or how much you adhere to traffic norms, car accidents are highly unpredictable and can happen any time. You can be involved in an accident even without causing it or being responsible for it in any way.

Auto accidents occur every day in Chicago and it can get extremely annoying for the victims to deal with the consequences when they’re already feeling defenseless.

A skilled and experienced attorney could be just what you need to get through a personal injury claim, as he can help make the entire legal procedure easier for you.

Mentioned ahead are a few good reasons to hire a car accident attorney in Chicago.

Get the Compensation You Deserve

If an auto accident results in a serious injury either to you or the passenger(s) in your car, getting a strong legal representation can ensure that you’re amply compensated not just for now, but also in the future for covering the costs associated with the treatment of your injuries.

Certain kinds of injuries don’t become apparent right after an accident occurs, but may have life-long consequences on your well-being. This may mean that the insurance process and the payment might conclude before you even become aware of certain symptoms. This could lead to you losing out on compensation for symptoms/injuries that surface later.

Further, the time frame for filing an auto accident lawsuit may be limited. Engaging a lawyer in the early stages of the case will help ascertain that the legal claims you want to make are duly and adequately filed.

Negotiate With the Insurance Company

Negotiating with insurance companies can be extremely challenging for the layman. Although car accidents are a rare occurrence for most individuals, insurance companies receive claims every day and negotiate them on that basis.

They know what they need to say and do to deter you, and will use their experience to bully the plaintiff into accepting a lesser compensation than they’re actually entitled to. Having a strong, experienced attorney by your side, however, will prevent you from getting intimidated by their tactics and accepting less compensation than you deserve.

Get Your Rest While Your Lawyer Does the Work

One of the last things you will want to do when you’re wounded and recuperating is spend hours of your time on the phone or sending out correspondences to your insurance company instead of getting the rest you need.

Hiring an attorney will make this easier on you and will enable you to concentrate on receiving undisturbed medical attention for your injuries.

It is best to hire a skilled attorney immediately after the accident as non-adherence to legal deadlines can endanger the claims you may make.

You lawyer can investigate claims, collect evidence, locate witnesses, draft a settlement letter, and collect incident and medical reports. Can you imagine having to do this yourself after sustaining grave injuries? Of course not!

It is difficult to get so much legal work done yourself, especially if you don’t have a thorough understanding of the judiciary system and still haven’t recovered from a traumatic accident.

An attorney will not only get these tasks done, but will do a more accurate job of accumulating evidence, thereby ensuring a strong case in your favor.

Understand the Damages

Anyone who isn’t well-versed with the legalities involved in an auto accident may not understand all the potential damages he’s entitled to. There are several potential damages available to victims of a car accident.

Apart from your medical bills, you may be able to claim damages for lost wages, pain and suffering and emotional distress.

Further, your family members may also be liable for receiving damages for the loss of your companionship, in case you become disabled. Without a competent attorney to guide you, there’s no telling how much you can miss out on.

Prove Liability

Proving liability can be trickier than you think. Even as the witnesses and the police reports lay the fault on the defendant, proving that he was careless enough to breach a duty of care to you can be tough.

There are several complex factors that contribute to winning a personal injury lawsuit. It is best that you hire an experienced lawyer who specializes in personal injury claims. He can provide references to cases and citations that support your cause.

Understanding Settlement Options

Apart from helping you to fully understand your potential damages, your lawyer can also assist you in understanding your settlement options.

You may not know this but most cases settle out of court, which means the defendant or his insurance company will likely make you a compensatory offer.

Your attorney can help you comprehend the repercussions of accepting their offer as once it is accepted, you will not be in a position to sue them ever again. He can also help you figure out whether or not settling is the best option for you and negotiate a better deal accordingly.

Take Your Fight to the Court

In case the settlement negotiations don’t work out as planned, you will have to go to court. This may turn out to be an expensive and a time-consuming affair. If you do this on your own, the defendant and his insurance company might try and stop you from suing.

If you hire a knowledgeable and a hardened attorney, you will not have to succumb to such pressures or let go of your claim. Insurance companies will think twice before they try to intimidate you, and will take settlement process more seriously.

Conclusion

Seasoned car accident attorneys have the best interest of their client in mind. They are committed to making the grueling process of filing a personal injury claim as easy for you as possible. They’re highly competent and possess the ability to file insurance documents, ask for your medical records on your behalf, and write a settlement proposal to the insurance company, without you having to inconvenience yourself. So do make it a point to get an expert attorney on your side when you decide to file a personal injury lawsuit.

Thank you for visiting our new website! Please browse through it and feel free to contact us with any questions or feedback. We would love to hear from you. If you were hurt, injured, or in an accident and need help we are here to assist you.

Thank you for visiting our new website! Please browse through it and feel free to contact us with any questions or feedback. We would love to hear from you. If you were hurt, injured, or in an accident and need help we are here to assist you.

(Image credit: http://upload.wikimedia.org/wikipedia/commons/b/b7/Law3.jpg)

Finding the right personal injury attorney to represent your case after an accident is extremely essential. It is only natural for victims of personal injury to get caught up in their physical...

Finding the right personal injury attorney to represent your case after an accident is extremely essential.

It is only natural for victims of personal injury to get caught up in their physical and mental pain and suffering. Add to that, the stress of researching and finding a competent personal injury lawyer, and pretty soon you could be wondering if it would be a better idea to represent yourself.

Legal matters, however, tend to be complicated and can leave the layman perplexed. The victim may be unfamiliar with the various laws that govern the field of personal injury. That coupled with the worries of fighting your case yourself heightens the severity of the situation a great deal.

You’re better off handing that stress over to a skilled lawyer, and focus all your attention and effort only on getting well.

Hiring the right lawyer can make all the difference to your personal injury case. A good lawyer multiplies the chances of a verdict in your favor, whereas a bad one may just sink your boat.

In this post, we look at a few things to consider before you hire a personal injury lawyer.

1. Expertise

One of the most important factors to consider when looking for personal injury attorney to represent you is to find one whose primary area of practice is personal injury law. He should also be well-versed with the laws in your state. So if you’ve got a case in Chicago, you will need to look for a personal injury lawyer in Chicago.

Think about it this way – Would you go to a dentist if you had a fever? Of course not! Similarly, you would do well to engage a lawyer with expertise in fighting personal injury cases, rather than other ones.

The point of this is to ensure that you have a lawyer who knows and understands the intricacies of the laws associated with this field. He will be able to guide you according to the specifications of your case and suggest tactics that would work in your interest.

2. Experience

This is a crucial factor as well. Only an experienced and a skilled personal injury lawyer would be able to help you with minimal fuss, and in the rapidest manner. Consider hiring a lawyer who is familiar with the state as well as the national personal injury laws. Apart from that, he should also have considerable experience in dealing with insurance companies and healthcare providers.

Further, you should hire a lawyer who has significant experience in actually taking a personal injury case to the court. Most of the time, personal injury claims are settled out of court, which means there are several lawyers out there who may have never even seen the inside of a courtroom.

Insurance adjustors might be aware of this and could try to take undue advantage. Their lawyers know which lawyers are content to settle out of court and use this information to evaluate the amount of financial risk to themselves. It doesn’t take a rocket scientist to figure out that if your lawyer has a reputation of invariably settling out of court, the insurance lawyers will try to use this to their advantage, which may result in a lower compensation for you.

Your chance of getting the compensation you deserve will increase only if you hire an attorney who is experienced and prepared to go to court. That way, the party responsible for your personal injury as well as your insurers will know that they could have a potential legal battle on their hands.

3. Fees and Expenses

Two types of fees can be charges by personal injury lawyers –

• Contingency fees
• Hourly fees

Typically, they charge their clients only a contingency fee, which requires that the clients pay their attorney only when a monetary settlement has been reached. Such an arrangement is beneficial to clients who are already spending money on their treatment and cannot afford an hourly attorney rate.

Certain attorneys, however, insist on an hourly rate which depends on:

• The lawyer’s experience in the field
• The type of case
• The state/nation in which they practice law

The lawyer’s fees are often stated as a specific percentage of your settlement. These fees, however, only pay for the lawyer’s time. There may be times when your lawyer will have to pay someone else to work on your case. These are called ‘expenses,’ which have to be borne by you separately.

Most lawyers pay these expenses on your behalf and then bill you the total expenses at the end of the case. Do make it a point to ask about these additional expenses before you sign a contract with an attorney.

4. Initial Consultation

Many a time, people avoid engaging the services of a lawyer fearing that doing so may turn out to be too costly. A confident personal injury lawyer, however, will be willing to discuss your case facts in the initial consultation, which is usually free of charge.

In this consultation, he will let you know whether or not he believes that you have a case. Also, he will usually not collect a fee unless you’ve been compensated.

5. Time Estimate

All personal injury cases are different and some may take a considerable amount of time to complete. When you consult lawyers, ask them as to how long they think the case will take. A good lawyer should be able to give you a realistic time frame.

Steer clear of lawyers who promise quick settlements and/or fast cash. Most of the time, such unrealistic and tall claims fall flat on the floor. Further, avoid lawyers who guarantee a favorable result. No one can guarantee this and there’s a high chance that this lawyer will take you for a ride.

Conclusion

A personal injury attorney is your best bet when it comes to building a solid case, negotiating terms with an insurance company, and even representing you in court during trials. Because you will already be enduring high levels of physical and mental distress and duress, having an experienced lawyer by your side can ease some of the pressure, and increase your chances of receiving justice in the form of a fitting compensation for all the suffering caused. Do bear in mind the above tips before you decide on an attorney, and you will surely make the right choice.

Trouble never informs anyone of its arrival. Neither does a car accident. Regardless of how carefully you drive or how much you adhere to traffic norms, car accidents are highly unpredictable and can happen any time. You can be involved in an accident even without...

Trouble never informs anyone of its arrival. Neither does a car accident.

Regardless of how carefully you drive or how much you adhere to traffic norms, car accidents are highly unpredictable and can happen any time. You can be involved in an accident even without causing it or being responsible for it in any way.

Auto accidents occur every day in Chicago and it can get extremely annoying for the victims to deal with the consequences when they’re already feeling defenseless.

A skilled and experienced attorney could be just what you need to get through a personal injury claim, as he can help make the entire legal procedure easier for you.

Mentioned ahead are a few good reasons to hire a car accident attorney in Chicago.

Get the Compensation You Deserve

If an auto accident results in a serious injury either to you or the passenger(s) in your car, getting a strong legal representation can ensure that you’re amply compensated not just for now, but also in the future for covering the costs associated with the treatment of your injuries.

Certain kinds of injuries don’t become apparent right after an accident occurs, but may have life-long consequences on your well-being. This may mean that the insurance process and the payment might conclude before you even become aware of certain symptoms. This could lead to you losing out on compensation for symptoms/injuries that surface later.

Further, the time frame for filing an auto accident lawsuit may be limited. Engaging a lawyer in the early stages of the case will help ascertain that the legal claims you want to make are duly and adequately filed.

Negotiate With the Insurance Company

Negotiating with insurance companies can be extremely challenging for the layman. Although car accidents are a rare occurrence for most individuals, insurance companies receive claims every day and negotiate them on that basis.

They know what they need to say and do to deter you, and will use their experience to bully the plaintiff into accepting a lesser compensation than they’re actually entitled to. Having a strong, experienced attorney by your side, however, will prevent you from getting intimidated by their tactics and accepting less compensation than you deserve.

Get Your Rest While Your Lawyer Does the Work

One of the last things you will want to do when you’re wounded and recuperating is spend hours of your time on the phone or sending out correspondences to your insurance company instead of getting the rest you need.

Hiring an attorney will make this easier on you and will enable you to concentrate on receiving undisturbed medical attention for your injuries.

It is best to hire a skilled attorney immediately after the accident as non-adherence to legal deadlines can endanger the claims you may make.

You lawyer can investigate claims, collect evidence, locate witnesses, draft a settlement letter, and collect incident and medical reports. Can you imagine having to do this yourself after sustaining grave injuries? Of course not!

It is difficult to get so much legal work done yourself, especially if you don’t have a thorough understanding of the judiciary system and still haven’t recovered from a traumatic accident.

An attorney will not only get these tasks done, but will do a more accurate job of accumulating evidence, thereby ensuring a strong case in your favor.

Understand the Damages

Anyone who isn’t well-versed with the legalities involved in an auto accident may not understand all the potential damages he’s entitled to. There are several potential damages available to victims of a car accident.

Apart from your medical bills, you may be able to claim damages for lost wages, pain and suffering and emotional distress.

Further, your family members may also be liable for receiving damages for the loss of your companionship, in case you become disabled. Without a competent attorney to guide you, there’s no telling how much you can miss out on.

Prove Liability

Proving liability can be trickier than you think. Even as the witnesses and the police reports lay the fault on the defendant, proving that he was careless enough to breach a duty of care to you can be tough.

There are several complex factors that contribute to winning a personal injury lawsuit. It is best that you hire an experienced lawyer who specializes in personal injury claims. He can provide references to cases and citations that support your cause.

Understanding Settlement Options

Apart from helping you to fully understand your potential damages, your lawyer can also assist you in understanding your settlement options.

You may not know this but most cases settle out of court, which means the defendant or his insurance company will likely make you a compensatory offer.

Your attorney can help you comprehend the repercussions of accepting their offer as once it is accepted, you will not be in a position to sue them ever again. He can also help you figure out whether or not settling is the best option for you and negotiate a better deal accordingly.

Take Your Fight to the Court

In case the settlement negotiations don’t work out as planned, you will have to go to court. This may turn out to be an expensive and a time-consuming affair. If you do this on your own, the defendant and his insurance company might try and stop you from suing.

If you hire a knowledgeable and a hardened attorney, you will not have to succumb to such pressures or let go of your claim. Insurance companies will think twice before they try to intimidate you, and will take settlement process more seriously.

Conclusion

Seasoned car accident attorneys have the best interest of their client in mind. They are committed to making the grueling process of filing a personal injury claim as easy for you as possible. They’re highly competent and possess the ability to file insurance documents, ask for your medical records on your behalf, and write a settlement proposal to the insurance company, without you having to inconvenience yourself. So do make it a point to get an expert attorney on your side when you decide to file a personal injury lawsuit.

After the documentation of an injury and after consultation with an injury lawyer, the next course of action is to prove negligence so as to prove fault in a personal injury case. Determining fault and the criteria that is required for conviction varies according to...

After the documentation of an injury and after consultation with an injury lawyer, the next course of action is to prove negligence so as to prove fault in a personal injury case. Determining fault and the criteria that is required for conviction varies according to the type of injury, the severity of the injury, and the circumstances which caused the injury. While there are guidelines in place, each case is individual and so is the evidence needed to prove fault beyond a reasonable doubt in court.

In order to be awarded financial compensation or damages as a result of the personal injury case, the accused party must be proven to have been negligent or to have knowingly contributed to an unsafe condition which created an elevated level of risk of injury. While no business, employer or facility ever make decisions to deliberately injure people, it is common for businesses or private individuals to be charged with negligence as a result of not taking adequate steps or precautions for the safety of others. When that is proven, a strong personal injury case can be established.

How Negligence Proves Fault

In a civil court the majority of cases represent the injured and the party was negligent. Negligence can be defined as failing to take the appropriate steps preserve safety, or knowingly neglecting safety precautions for the purpose of saving money or convenience. For example, if an apartment owner neglected to apply salt to a sidewalk during winter months in order to save money on supplies, that owner would be negligent in the event that someone slipped, fell and injured themselves. It is the responsibility of business owners to ensure that the pedestrian walkways are safe to use.

A homeowner who neglects to construct a fence around their pool can be held liable for personal injuries and even death in their pool as a result of not being compliant with the minimal safety precautions.

When using negligence to prove fault, evidence falls into four categories:

• Duty: a definition of the responsibilities of the defendant to the plaintiff with regards to the personal safety and measures which were required.
• Breach: the plaintiff must provide evidence that the accused breached protocol, or reasonable standards for safety and neglected to provide them.
• Causation: the plaintiff must prove that the accused was directly responsible for the circumstances which led to the personal injury. For instance if the plaintiff was attacked by the defendants dog and the resulting injuries are directly attributable to the personal injury claim.
• Damages: the plaintiff must demonstrate with evidence and documentation the amount of damages or an accounting for the requested compensation. This accounting should include cost of medical care, lost wages or insurance expenses. It can also include a calculation of potential lost wages in the event that the plaintiff is unable to return to work or regain their pre-injury quality of life.

In addition to some of the tangible ways that fault can be proven in a personal injury case, the plaintiff can also demonstrate a malicious intent to injure. In these kind of cases, domestic assault and violence can be included and the accused can be held responsible in civil court for damages due to personal injury. Intentional conduct is easy to prove where the accused has committed an act of violence or has contributed in a deliberate way to circumstance in which the plaintiff has become injured.

Preparing for Defense Arguments

An experienced personal injury attorney will prepare not only evidence of negligence, but will also prepare counter arguments to the defense’s claims of non-negligent behavior. While accusing someone of negligence is easy, and it is recognized by the court, proving it in absolute terms requires skill and preparation.

The legal team for the defense will argue on the grounds of comparative fault. The defense will attempt to lay blame in a decision and action of the plaintiff as contributing factors to the injury. In the state of Illinois, defense will pursue this argument in order to reduce the percentage of comparative blame, in order to reduce the amount of settlement payable to the plaintiff.

Another common defense in personal injury cases is assumption of risk. If the defendant is able to successfully prove that the plaintiff made decisions that placed him or herself in peril despite being forewarned. An excellent example of this is when someone is bitten by a dog, on private property, when sufficient signs have been posted to warn visitors about potential biting risk. If the individual opted to ignore the warnings, the defendant may demonstrate that the plaintiff is responsible for the contributing factors that contributed to a decision, which in turn led to the injury.

The legal requirements for proving fault in a personal injury case are complex. An experienced personal injury lawyer in Chicago is your best advocate and defense in personal injury cases.

(Image Credit: https://lh3.googleusercontent.com/-XH1ySVKKCeM/VVvsqxyHDBI/AAAAAAAAARc/4V22FlKLpEE/w1694-h1133/Personal-Injury-birmingham-al.jpg)

Car accidents are incredibly serious issues that affect millions of Americans every year, and yet the issue seems to never attract as much attention as it deserves. You should know that being the victim of a car accident can significantly impact your life for years to...

Car accidents are incredibly serious issues that affect millions of Americans every year, and yet the issue seems to never attract as much attention as it deserves. You should know that being the victim of a car accident can significantly impact your life for years to come. Sometimes, for example, the injuries from accidents are so severe that there is simply no recovering. Sometimes you can recover to a certain extent that still leaves your career potential and quality of life impacted. Let’s look at some of the most common causes of car accidents in America to see what you should be on the lookout for as well as how you can best prevent being in an accident.

Distracted Driving

Distracted driving is, by far, the most common cause of car accidents in the United States. Aptly named, distracted driving refers to individuals who are not paying attention to the road. Instead, they are on their cell phones or perhaps messing around with something else in their car. Whatever the reason, these drivers simply fail to stay “in the moment” and drive carefully. This inattentiveness can quickly lead to disaster, for both driver and victim.

Drunk Driving

Driving while under the influence is a significant problem on today’s roads. Doing so is incredibly dangerous as your motor skills, reasoning skills, and ability to focus are all negatively impacted when under the influence of alcohol or another drug. This can lead to making rash decisions and, subsequently, car accidents. These types of offenses are typically dealt with harshly as they are 100% preventable. Whatever you do, do not drink and drive. The consequences are not worth it – particularly when one of those consequences is the loss of either your life, or the other driver’s life.

Speeding

Sometimes drivers like to forget about the importance of driving at a safe speed, and instead opt to speed their way to their destination. Whether this is on a country road, a high way, or in the middle of town, people who speed are all but asking for an accident. The faster you drive, the less control you have over your vehicle. You also face reduced reaction time, which means that not only are you not in control of your car, but you also have less time to avoid accidents in general.

Inclement Weather

Finally, another common cause of car accidents in the United States is bad weather. From rain to snow, weather can have a big affect on how well we drive. It’s important to be aware of road conditions and adjust your driving accordingly. When people fail to do this, accidents can happen.

If you or a loved one has been the victim of a car accident, you should find an attorney experienced with these kinds of cases today. They can help you ensure that you receive the compensation to which you are entitled, and can help you worry less about court and more about recovery.

It is no longer science fiction, self-driving cars (also known as “autonomous vehicles”) are here. The unfortunate and tragic consequence of the arrival of this technology is that accidents involving self-driving cars are on the rise. Recently, on May 4, 2018 (while...

It is no longer science fiction, self-driving cars (also known as “autonomous vehicles”) are here. The unfortunate and tragic consequence of the arrival of this technology is that accidents involving self-driving cars are on the rise.

Recently, on May 4, 2018 (while many Star Wars fans were telling their friends and relatives “May the fourth be with you,”) a self-driving minivan operated by Google’s self-driving car unit, Waymo, was involved in a multivehicle crash in Chandler, Arizona. While there is currently debate as to whether the vehicle in the Chandler crash was in “autonomous mode” at the time of the collision, the debate does little to assuage public concern, particularly when less than two-months have passes since the first fatality involving a self-driving vehicle and a pedestrian occurred on March 18, 2018 in Tempe, Arizona. In another incident less than a week later on March 23, Tesla has recently revealed that its Autopilot feature was turned on when a Model X SUV collided with a concrete highway divider bursting into flames and killing its driver. These recent tragic events simply add to the growing list of fatalities that began on May 7, 2016, when the driver of a Tesla S70D was killed when his vehicle, operating under autonomous controls collided with a stopped semi-truck and trailer.

Over the last decade, self-driving vehicles and other autonomous systems have been a developing technology. In March 2016, twenty automakers agreed with regulators to make automatic emergency braking a standard feature on most U.S. vehicles by 2022. Despite the flaws in these autonomous systems, the National Highway Traffic Safety Administration concluded, following its investigation of the Florida fatality involving the Tesla S70D, that crashes involving Telsa vehicles have dropped by 40 percent in vehicles operating in autonomous mode.

The legal issues that arise from this growing technology are as varied as the systems themselves. While plans are on the horizon for vehicles that are fully autonomous, current systems such as Tesla’s autopilot require constant driver intervention. Although there have been no reported court decisions involving liability for injuries sustained in accidents involving self-driving cars, the landscape for liability will certainly shift from driver liability to manufacturer liability, under a products liability theory, or – at a minimum – shared liability.

Currently, the only legislation in the State of Illinois regulating autonomous vehicles is Public Act 100-0352, which mandates that no unit of local government, including a home rule unit, may enact an ordinance prohibiting the use of autonomous vehicles on its roadways. Under current statutes, a “driver” is defined as every “person who drives or is in actual physical control of a vehicle.” (625 ILCS 5/1-116). However, under the Illinois Vehicle Code, the definition of “person” includes every “natural person, firm, copartnership, association or corporation.” These definitions invariably will open the door to liability against manufactures that operate or contribute to the operation of self-driving cars. Still, it is clear that further legislation and regulation is needed.

Many questions remain unanswered as this new technology is developed, tested, and rolled out on public streets and highways. How will insurers handle coverage in multivehicle accidents involving self-driving vehicles? What steps will manufacturers take to try to avoid liability? How can consumers and the public protect against the dangers inherent in these automated systems? How will autonomous systems handle a decision between protecting the safety of its passengers by avoiding an object such as a tree or vehicle versus swerving and hitting a pedestrian? What theories of liability will be available, negligence, product liability, consumer fraud, common-law fraud, negligent misrepresentation…?

Regardless of how the landscape unfolds in this new area of law, Huner Law Offices, LLC is prepared to bring over 20 years of experience in handling personal injury cases to any issues that arise, and will work tirelessly to achieve the best outcome for our clients.