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 2: Don't Wait to See A Doctor

     When you are involved in a personal injury claim or lawsuit, you will be judged by the "reasonable person" standard. This standard can be very hard to meet, because it is often subjective (based upon who is applying the standard to you) and because most people believe they always behave as reasonable people do. However, one of the easiest ways to "act like a reasonable person" when you are injured is to seek medical treatment and seek it without delay.

     Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.

     Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.

     It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.

     If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.

*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.

New Illinois Law May Make It Easier to Get Out of Jury Duty

     The Illinois Legislature has passed Bill 3075, which is waiting for Governor Quinn's signature before it comes into law. Many believe that this law is great news for Illinois citizens. Why? Because Bill 3075 will significantly reduce the likelihood that each citizen gets called in for jury duty.

     Jury duty, while a very important service required to maintain our legal system, has never been very popular. As almost anyone who has been called for jury duty will recount, it can be tedious and inconvenient, and on top of it, jurors aren't compensated very well for their time.

     Every Illinois citizen over the age of 18 can be selected at random for jury duty. Bill 3075 will cut the number of jurors at civil trials from 12 to 6. Less jurors at trial will reduce the size of jury pools, which will reduce the number of individuals selected for jury duty, which will reduce the odds that each individual citizen is called for jury duty.

                                                  

     This bill also raises the compensation levels for jurors to $25 for the first day and $50 for each additional day of service. This compared with current law which sets jury compensation by county population size; the highest current jury pay is in Cook County, which pays $17.20/day.

     Bill 3075 is supported by a large swath of the Illinois population, including several prominent legal interest groups, including the Illinois Trial Lawyers Association. It is also opposed by some other legal interest groups, typically those focused on civil defense. These defense groups argue that this bill favors plaintiffs, there aren't conclusive studies which support this assertion.

     The bill's supporters claim that it makes civil trials more efficient and is designed to benefit jurors. Supporters also argue that the bill will save state and county governments a significant amount of money, which considering the current state of Illinois budget problems, could offer a great deal of relief.  to Illinois. Supporters also cite the bill's increased jury compensation provision will make jurors happier, and result in more attentive and effective juries.

     For more information, see these articles: here and here.

*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.

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 5 of 5: Get Fit - Injuries at the Gym

     For Eckert & Smestad's fifth and final blog in our New Year's Resolution series, we focused on another very popular resolution: getting fit.  Many people have seen this phenomenon - beginning around January 1 or 2 every year, gym memberships increase drastically, gyms become more crowded, and personal trainers' schedules start booking up.  People who may have little or no experience with personal training and modern fitness equipment venture into the world of fitness, and unfortunately, this can result in severe health risks and injuries.  The way the law treats a person who is injured while exercising at a gym or with a personal trainer can be very different from the way the law treats a person who is injured in another situation.

     Typically, when a person is injured on someone else's property or due to another's negligence, the injured party may recover financial compensation from the property owner or negligent party for the injuries sustained and the effects the injury has had on his or her life.  According to the law in Illinois, one must first prove: 1. that the property owner or negligent party owed the claimant a duty of care, 2. the property owner or negligent party breached, or failed to satisfy, this duty of care, 3. the claimant suffered injuries, and 4. the property owner's/negligent party's breach of duty was the cause of the injuries suffered by the claimant.  These same basic legal principles apply to injuries suffered while at a gym or under the guidance of a personal trainer.  However, there are some very important differences to note.

     First, most gyms have some sort of disclaimer covering its members and customers for injuries they may sustain while at the gym or using personal trainers employed by the gym.  The case of Hussein v. LA Fitness (2013 IL App. 1st) (2013) upheld the applicability of disclaimers to avoid liability on the part of the gym for injuries sustained by its members.  In lay terms, this means that if you sign a gym's disclaimer, and are subsequently injured while at the same gym, the disclaimer is a valid defense the gym can use to avoid having to compensate you for your injuries.  There may be a way to overcome this defense, however, it will require significantly more culpable action, such as possibly willful and wanton, or even intentional conduct, on the part of the gym or its employees.  This is the same with the use of personal trainers.  It is advisable that one reads any disclaimers thoroughly before signing, so that one understands their rights.

     Second, in Illinois and many other states, property owners and negligent party's may assert a defense known as comparative negligence.  This defense alleges that the injured party's own negligence contributed to his/her injuries, at least in part, and any recovery obtained by the injured party should be reduced by the comparative amount of negligence attributed to the injured party.  For example, if you are injured while using a particular piece of gym equipment which you allege was defective, and you were recovered, say, $100,000.00 in financial compensation for these injuries at trial.  But if the gym owner can prove that you were using the equipment improperly, and that this improper usage was 25% of the cause of your injuries, the gym owner would only be required to pay you $75,000.00 ($100,000.00 minus 25%).

     There is also another important aspect of this defense to be aware of.  In this same example, say the gym owner can prove that this improper usage was 51% or more of the cause of your injuries, the gym owner will not be required to compensate you at all.  Again, this is the same with the use of personal trainers.  It is advisable that one knows how to properly use all gym equipment, perform all exercises, and acts with due care for one's own safety while at the gym or using a personal trainer.

*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.

New Year's Resolutions 3 of 5: Get A Better Job - The Realities of Job-Hunting and Social Media Posting

     For Part 3 of Eckert & Smestad's 5 Part New Year's Resolutions blog, we will explore the realities of job hunting and its relations to personal social media postings.  A common fear that is discussed among people searching for jobs is the fear that posting inappropriate pictures or comments on Facebook, Twitter, blogs, etc. can cost them their job, or a job opportunity.  There have been many instances in which employees have been fired, or prospective employees have been rejected for job opportunities, because of comments or photos posted on social media (see here, here, here, and here).  However, a recent development in Illinois law may give employees and job seekers some relief.  Note, "some" relief, does not mean complete freedom to post anything with no consequences.

   On January 1, 2013, an amendment, commonly known as the "Facebook Bill," to the Illinois Right to Privacy in the Workplace Act went into effect.  This amendment effectively makes it illegal for any employer or prospective employer to request or require passwords or account information for social media from employees or prospective employees in order to gain access to such social media accounts as conditions of employment.  The "Facebook Bill" also prohibits employers and prospective employers from demanding access to its employees' or prospective employees' social media accounts or profiles as conditions of employment.

 
     The amendment states that it is "unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, or conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours." (Right to Privacy in the Workplace Act, 820 ILCS 55/5).  This Act applies to all employers in the State of Illinois.  The law does nothing to prevent or limit an employers' right to set policies regarding the use of social media in the workplace, nor does it prevent an employer from seeking public information regarding an employee or prospective employee.

     This Law can give employees and job hunters some relief, however, it is worth noting that the normal rules of social interaction and business will always apply.  It is still advisable to remember that anything posted on social media should always be considered public and available to the entire world.  Therefore, if you are considering posting a picture or a comment on Facebook, Twitter, Instagram, or any other social media, you may want to take a second and think about whether it is something you want out there.

*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.