6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 6 - Social Media is Not Your Friend

      Just in time for the holidays, we bring you the final installment of our 6 part series on how to increase your odds of a favorable result of your potential personal injury claim. This one focuses on the impact of social media. As we are all aware, social media such as Facebook, Twitter, LinkedIn, Instagram, etc. have become increasingly popular and are gaining more and more users each day. Social media users commonly post photos and other updates about what they are doing, what is going on in their life, and even pictures of food he or she is about to eat. Many can attest to how frequently these individuals are updating their social media accounts by how often people are seen glued to their cell phones and computers in public. While this can be fun and certainly can be a useful way to connect with people, it can have major consequences on any legal proceedings, including personal injury claims, you may have.

      Any posts on social media are public posts, and can all too easily be discovered by people looking for information about you and your life. It is very important to carefully screen anything you post on social media. If you have a personal injury claim, you are up against attorneys and other individuals who are paid to investigate your life and the claims you are making, are paid to look for inconsistencies in your claims, and are paid to keep you from being fairly compensated. One of the first places these people look for inconsistencies and problems in your claim is social media. These individuals are familiar with most if not all different social media and know how to search for and find the information they are looking for, even information you might feel has been blocked or made private. Therefore, it is important to consider everything you post on social media as available for the entire world to see.

      All too often people post updates, statuses and pictures on social media without thinking of what these posts, updates, or pictures say about themselves, their lives, or their situations. Particularly when there is a personal injury claim. Keep in mind, when you are making a claim for injuries you sustained in an incident, you are also claiming that these injuries have had an impact on your life, that includes your ability to perform your normal activities and chores. Pictures and updates of you playing sports, working out, running around or having fun are big indicators that the injuries you are claiming are not as severe as stated. These statements will certainly be used against you and are admissible in court.



      The problems with posts on social media aren't limited to only posts about your activities. Many people use social media as an outlet to their frustrations or a place to lie or brag about conflicts and incidents in which they are involved. All too often social media users will post rants about a car accident or their work and speak out of emotion and ego. They will say things that aren't necessarily true, exaggerate facts, or bring up things that happened in the past that have nothing to do with the incident itself. Again, these statements can contain information that can and certainly will be used against you in your personal injury claim. If you have truly been injured in an incident due to someone else's negligence, the truth is enough. There is no need to exaggerate, lie, or make up anything about the incident. In fact, lies and exaggerations will more than likely hurt your claim.

      A good rule to remember is this - don't post anything on social media you wouldn't be comfortable saying out loud in open court or in public. An even better rule is not to keep any social media posts to an extreme minimum until the conclusion of your case and not to post anything at all about the incident or your claim itself.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 5 - When To Listen To Your Doctor, and When Not To

     During this blog series, we have discussed the importance of communicating with your physician about your injuries and symptoms. We've discussed the importance of listening to your doctor and following his or her instructions. But there are certain situations in which listening to your doctor may be harmful to your claim.



     Doctors are highly trained and educated in the field of medicine, and they put their expertise to work in order to help heal their patients and ensure their patients are healthy. When a patient presents to a doctor with an injury, the doctor will likely prescribe a certain course of treatment. This can range anywhere from rest to exercises, from medication to surgery, and everything in between. When a doctor instructs you on a course of treatment, he or she is using his or her training, education and experience in deciding what course of treatment to prescribe. While it is important to listen and, in most cases, follow your doctor's instructions to the letter, it is also important to know that you can use your own common sense and experience when considering your doctor's instructions.

     Open dialogue between a doctor and his or her patient will almost always result in a better understanding of the injury or illness and, therefore, a better decision on a course of treatment. If the instructions given by your doctor don't seem to make sense to you, or if you have questions about it, it is important to speak up. Ask your doctor questions. Ask your doctor why he or she believes the prescribed course of treatment will work. Ask your doctor if there are other options available and what the pro's and con's of each course of treatment are. Ultimately your doctor will give you instructions, but it is your responsibility to follow through with them.

     In some situations, it may be advisable to disregard your doctor's instructions. Just like anyone else, each doctor may have different opinions on things, including treatment for injuries or illnesses. Some doctors may prefer a conservative, or "wait and see" course of treatment, some doctors may favor surgical intervention, and some doctors may prefer other forms of treatment. If, during your visit, the treatment your doctor is prescribing doesn't seem to make sense to you, you are well within your rights to seek a second opinion from another physician. You may also want to seek out a physician with a different specialty; maybe one that more specifically fits the symptoms you are exhibiting.

     Remember, medical treatment is a two way street. Communication is key and don't be afraid to ask questions. As always, you may also seek the advice of an attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 1: Talk to Your Attorney

     Recently I was contacted by a client who asked if there was anything he could do, or anything he should do, to increase the odds of getting a favorable outcome from his personal injury lawsuit. That got me thinking about some common advice that we often give to our clients when contacted about personal injury claims. Besides the obvious (find a good attorney), there are 6 things you can do to help shorten the time it takes to resolve your case, increase the value of your case, and increase the odds of a favorable outcome. This post will focus on the first: Talk to your attorney.

     This may seem obvious, but the first piece of advice is to talk to your attorney. All too often clients hire an attorney and then wait for their attorney to contact them, forget to keep their attorney apprised of updates in their case, or are afraid to ask their attorney questions. This can cause a litany of problems with your case.

     Remember your attorney works for you. His/her job is to protect your rights and fight for you, and it is important to remember that your attorney is on your side. Your attorney has an extensive education, training and experience to draw from to give you advice on your case and answer your questions. This is an invaluable resource, and one that you are entitled to once you have hired an attorney. Ask as many questions as you can about your case, what you should and should not be doing and whether there are any issues with your case. Let your attorney know if there any changes or updates in your condition or any issues relating to your case; for example, if your medical condition changes, you visit a new doctor, you are discharged from medical care, etc. Remember your attorney only knows what you tell him or her; if you don't keep your attorney up to date, he/she can't give you the legal representation you deserve.

     Just as often there are attorneys who neglect to keep in touch with their clients after they are hired and fail to keep lines of communication open. It is recommended that clients make regular calls to your attorney, even if your attorney doesn't make regular calls to you. Again, your attorney works for you. Your lawyer might have dozens, or even hundreds of other cases besides yours, but your case is your only case, and it deserves to be treated as such.

   

If you have further questions or concerns about your case, or a potential case, please call a licensed attorney, or contact Eckert & Smestad, LLC: www.eckertsmestad.com.

*This is attorney advertising. No attorney-client agreement or related privileges are created without further written agreement by all parties. The above is meant only as general advice. Consult a licensed attorney for advice on your specific case.

A Note to Renters and Landlords

     A few months into prime apartment renting season seems like a good time to review an Illinois statute relating to landlords and renters alike: the Security Deposit Return Act (765 ILCS 710/1). Security deposits were designed as a safety net for landlords to protect themselves in the event the renter causes damage to the apartment; however, security deposits can become a point of contention between renters and landlords. This Statute applies to landlords who have 5 or more rental units and collect security deposits from their renters.  It is a fairly straightforward statute governing how landlords are to treat security deposits after the termination of a lease.

     According to the Security Deposit Return Act, the landlord must return the security deposit to the renters within 30 days after the termination of the lease, assuming there is no damage which would result in deductions from the security deposit. In the event repairs need to be made, the landlord must, again within 30 days of the termination of the lease, either return the remaining amount of the security deposit to the renter along with copies of receipts for any repair work, or provide an estimate for work to be done to the renter and return the remainder of the deposit to the renter. In any event, the landlord is prohibited from keeping the security deposit for any longer than 45 days after the termination of the lease.

     If a landlord violates this Act (namely, fails to return the security deposit and receipts within the time frame discussed above), the renter may file suit against the landlord in order to have the security deposit returned. A landlord who is found to have violated this Act may also be required to pay the attorney's fees the renter incurred in pursuing his or her lawsuit. This can be very expensive for the landlord.

     The lesson to be learned from this Act is this: If you're a renter, know your rights. If you're a landlord, make sure you return that security deposit and receipts within 30 days.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

New Year's Resolutions 4 of 5: Quit Smoking - What to Know About Electronic Cigarettes

     For Part 4 of Eckert & Smestad's New Year's Resolution blog series, we focus on a very popular resolution: quitting smoking.  The health risks associated with smoking are clear, as are the addictive properties of cigarettes and nicotine.  There are literally thousands of different methods, services, and products available to help people kick the habit, and one such product that is causing some confusion among Illinois restaurateurs and business owners: electronic cigarettes or e-cigs. 

     E-cigs are products which can help ease smokers off of nicotine by delivering a small amount of nicotine through inhaled water vapor rather than tobacco smoke.  There are also claims that e-cigs are healthier than traditional cigarettes because it is only water vapor rather than smoke.  Because of these claims, many restaurant and bar owners were left in the dark as to whether e-cigs were covered under the Smoke-free Illinois Act (410 ILCS 82). 

     The Smoke-free Illinois Act, which became effective on January 1, 2008, banned smoking in virtually all public places in Illinois.  With the recent introduction of e-cigs in the marketplace, man Illinois business owners were left wondering whether the use of e-cigs were permitted in public places covered under the Act.  On January 15, 2014, Chicago's City Council provided some guidance.  The City Council passed an ordinance which treated these electronic cigarettes in the same way as traditional cigarettes with regard to the City's Clean Indoor Air Ordinance - meaning that both traditional and electronic cigarettes are banned from use in most public places in Chicago.  For Chicago restaurant and other business owners, the answer is simple: if you allow your customers or employees to use e-cigs in your establishment, you will risk fines and other consequences under the Clean Indoor Air Ordinance. 

     There has yet to be any clear statewide legislation from Springfield on the topic.  For Illinois restaurant and business owners outside of Chicago, this means you should check with your local city council or a licensed attorney familiar with these laws in your area if you have any questions relating to the use of e-cigs in your establishment.  There will likely be clear guidelines on this issue coming either from Springfield, the Illinois court-system, or local governments soon, but until then, it may be smartest to avoid potential problems all together and ask that customers and patrons go outside to smoke, regardless of whether they are using traditional or electronic cigarettes. 

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Winter Comes to Chicago, and Brings Dangerous Driving Conditions

     For most people in the Chicago area, just taking a look outside will make it clear: winter is here. On Sunday, December 8, 2013, Chicago received its first snow of the season. Some predictions stated that Chicago was expected to receive between 1 and 3 inches of snow. Now while that may not seem like a large amount of snow, it can have a major impact on the roads, on travel conditions, and on the safety of motorists and pedestrians alike while traveling.

     It is important to recognize that driving can be hazardous even when the weather is ideal. As of December 8, 2013, the Illinois Department of Transportation (IDOT) states that there have been 835 reported fatal car crashes, resulting in 927 fatalities, which is higher than the number of fatalities to date last year (statistics can be found here). When adverse weather conditions, such as snow, sleet, black ice, and rain are added to the mix, the dangers of collisions resulting in injury or fatality increase because the distance required to bring a vehicle to a stop dramatically increase with such weather.

    To best prepare for winter driving conditions, it is important to winterize your car. It is advisable to schedule a maintenance check of your vehicle to check tire pressure, your tires' treads, the battery, belts, hoses, radiators, oil, brakes, etc. It is also advisable to:

          1. Increase the distance between your vehicle and vehicles or objects in front of you;
          2. Decrease the speed at which you are traveling;
          3. Be careful when driving over bridges and overpasses, as they freeze before the main road;
          4. Keep your lights on to increase your visibility;
          5. Keep your windshield and wipers clean:
          6. Use lower gears when driving to increase road traction;
          7. Whenever possible, brake gently as opposed to braking hard; and
          8. Keep supplies in your car in case of an emergency, such as a charged cell phone, blankets, road flares, or a first aid kit.

    Drive carefully this winter, and this holiday season.  Safe driving can help to guarantee more time with your loved ones this holiday season. And as always, if you or someone you know does have an accident, know your rights and find a licensed, competent attorney.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

Keep an eye out for Chicago-area speed cameras

        Drivers traveling through Chicago have something new to keep an eye out for, staring Monday, August 26, 2013: speed limit enforcement cameras. Mayor Rahm Emanuel's program, designed to increase safety and decrease speed-limit violations, will begin issuing warnings to drivers beginning Monday, August 26, 2013. The current plan is for the cameras to issue only warnings for the first 30 days, with fines starting after this initial 30 day initiation phase.

       According to reports (found here and here), the first cameras are located near Gompers Park on the north side of Chicago, near the intersection of Foster and Pulaski. Plans are in place for similar cameras to be operational near Garfield Park, Washington Park, and Marquette Park by the end of the week. Towards the end of the year, the City hopes to have cameras operational near 50 parks and schools.

      Beginning tomorrow (8/26/13), warnings will be issued for drivers who are caught exceeding the speed limit, and once the 30 day warning period expires, fines will be issued for drivers exceeding the speed limit by 6 - 10 mph ($35 tickets), and greater than 10 mph ($100 tickets). Although the program states that the park cameras will be active only when the parks are open (7 days a week, approximately 6 am to 11 pm), the cameras near schools will be active from 7 am to 7 pm on school days.

     In order to avoid tickets and fines, and for the general safety of children and the public, anyone driving a vehicle in those areas may want to obey the speed limit.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.