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.

The Importance of Following Up with Your Doctor

     Here is a situation that occurs all too often: Someone gets hurt.  They go to the emergency room, or their primary care doctor.  When the physician asks them about what is wrong, they play tough and give a general answer, and don't share all of the symptoms they are having.  Or the doctor instructs them to return in a week, or two weeks, but several weeks, even months go by, before they make an appointment and come back to see the doctor, complaining that the pain is still there.  Sometimes the doctor will instruct them to get an MRI, an X-ray, get physical therapy, and they put it off and never actually follow the doctor's orders.  There are three common problems illustrated in this scenario: 1. Failing to fully disclose all symptoms to the treating physician; 2. Failing to make follow up appointments with their physician timely; and 3. Failing to follow their physician's instructions.

     As if it isn't obvious, it is extremely important to listen to, and be completely honest with, your physician or hospital staff once an injury has occurred.  For many this is obvious.  However, very often life can get in the way of timely following up with your physician.  Failing to follow your doctor's instructions, make follow up appointments, make all complaints known to your doctor, or return for additional treatment when symptoms persist can have dire consequences, both for your health and any potential claim you may have for personal injuries.

     The most important reason that you should be fully upfront with your physicians, and follow the doctor's instructions, is for your own health.  A doctor can't feel what is going on in your body.  He or she doesn't know if you're having neck pain, or shoulder pain, or leg pain, or numbness, or whatever the symptom unless you tell your doctor.  And if he or she doesn't know about the symptom, he or she cannot possibly provide an accurate diagnosis or treatment to make the pain go away.  The longer an injury, no matter how slight you think it is, goes undiagnosed, the more likely it is to become a serious or chronic condition, requiring more invasive and extensive medical treatment to heal.

     If your doctor instructs you to return in a few weeks, or instructs you to seek physical therapy, or radiological tests, it is because he or she believes that this is necessary for your injuries to heal properly. If you don't follow your doctor's instructions, it is extremely likely that your injuries will not heal properly, and again, they could easily become serious or chronic conditions.

     The second reason to be fully upfront with your physician, and follow their instructions, is to protect your rights.  If you are injured, and the injury gives rise to a claim, you have certain rights inherent in that claim.  The medical records your physician creates when you visit are the evidence of your injury and of the treatment the injury required.  It is not enough to simply say "I was injured, pay me."  If it was that easy everyone in the country would be broke, for constantly paying out on injury claims.  Injured parties have the burden to prove they were injured, to what extent they were injured, and that the medical treatment they received was reasonable for their injuries.

     When a claim is made, the insurance company investigating the claim will be looking for any reason they can find to either not pay or pay less than they should.  This is their business.  One of the most cited excuses given by insurance companies for denying claims, or refusing to pay the full value of a claim, is because of gaps in the medical treatment (meaning weeks going by without a follow up appointment), inconsistencies in the patient's complaints to their physicians, and failure to follow a physician's instructions.  Unfortunately, the reason this is effective is because juries generally don't look upon these things favorably.  To a jury when a reasonable person is injured (reasonable person being the legal standard applied by juries to most civil cases), he or she will be completely honest with their physician and report ALL of their symptoms.  To a jury a reasonable person will continue to make regular appointments with their doctors until their symptoms have completely healed.  To a jury a reasonable person will listen to their doctor and follow their doctor's instructions completely.  Whatever reason you may have for not being completely honest, or not following your doctor's instructions, or not making timely follow up appointments, a jury will likely not pay attention.  They have already heard what they need.

    When you are injured, your job is to heal.  Do your job and let your doctor help you.  When you are injured, the insurance companies job is to take diminish your claim.  Don't do their job for them.  As always, if you are injured and you believe it was due to the negligence of another party, make sure you speak with a licensed and 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.

Safe Driving Tips During a Storm

     The summer is finally here, and it brings with it a mass of warm and violent summer storms.  Driving during a rain/hail/thunder storm can be just as dangerous as driving on snow and ice.  What makes driving during a summer storm even more hazardous, however, is that many people don't quite fully realize the danger.  Rain and hailstorms can bring hazards in the form of lowered visibility, increased distance required to stop a vehicle, the potential to hydroplane, and a host of other dangers.

     The first tip for safe driving during a storm is, obviously, plan your trip ahead of time to avoid storms if at all possible.  However, even the best of us will find ourselves from time to time driving down a highway during a torrential downpour.  This is where these tips will become useful.

 - Make sure your headlights are turned on
 - Turn on your windshield wipers
 - Slow down. Don't brake hard, instead take your foot off the gas and slowly reduce your speed. Braking too fast on wet roads can cause you to lose control of your vehicle
 - Give yourself a greater distance to brake
 - If necessary, pull your vehicle over to the side of the road or into a covered garage or underpass until the storm passes. If you pull over to the side of the road, make sure to activate your emergency flashers
 - Keep an eye out for hazards on the road, including downed power lines, debris, puddles, and other vehicles.
 - Finally, keep your radio tuned to local news or weather reports for news of the storm and emergency notifications.

     Drive safe! Should anything happen, take care of yourself, get any medical attention necessary, and contact a licensed attorney in your area.
   

*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.

Unfortunate Day in Chicago Results in 2 Hit-And-Runs in 2 hours

        Although many people work hard at taking care to keep themselves and others safe, we all know that sometimes the worst can happen, despite our best efforts.  This was the case on October 2, 2013 for two pedestrians in Chicago who were victims of two separate hit-and-run auto collisions on West Fullerton Avenue.  Both pedestrians suffered severe personal injuries.

        At approximately 6:05 p.m., a male in his 30s was struck by a red car near the intersection of West Fullerton and North Leclaire.  He survived the collision, and was taken to Advocate Illinois Masonic Medical Center for treatment for severe injuries suffered in the collision.  The driver of the red car turned himself in to authorities hours after the incident.

        Just over an hour later, at about 7:30 p.m., a 17 year old female pedestrian was struck by a black pickup truck as she crossed the street near West Fullerton and North Lawndale.  The victim also survived; however, she too suffered severe injuries and was taken to Advocate Illinois Masonic for treatment.  As of the last report, the identity of the driver of the black pickup remains unknown, and no arrests have been made in connection with this incident. (SOURCE: CBS Local).

      In addition to any criminal charges these drivers may face, they both may face hefty civil suits for personal injuries suffered by the victims.  Illinois law is generally quite favorable to pedestrians involved in motor vehicle accidents.  As always, if you, or someone you know, has been struck by a vehicle or otherwise injured in an automobile accident, it is important to know your rights, and is always advisable to seek the advice of a competent, licensed 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.

What can you do if you're involved in an accident on a bus, a train, or other mass transit?

     In light of the news coming out of Chicago this morning, in which two of the Chicago Transit Authority's "el" trains collided, many questions may be raised relating to what you should do if you are ever involved in a similar situation. (see 33 Injured after 2 CTA trains crash)

     If you, or a loved one, is ever involved in such an incident, the first thing is to make sure you and/or your loved one is ok. Check for any injuries or pain, and if any injuries or pain are present, make sure to call an ambulance or seek immediate medical attention.

    Second, you should know your rights after being involved in such an incident. If you are injured in a collision on a bus, train, or any other mass transit system, you have the right to recover financial compensation for your injuries, the pain and suffering related to your injuries, any disfigurement and disabilities related to these injuries, and for the impact these injuries can have on your life. However, it is your job to assert your rights; no one will do it for you without action on your part.

    Mass transit operators, such as the Chicago Transit Authority, owe a duty to all their passengers to operate their vehicles and manage their systems in a reasonable manner for the safety of its passengers and other foreseeable parties who may be injured. It is always advisable to seek out the advise of an attorney experienced in these types of cases as soon as possible. Remember, there are laws that limit the amount of time you have to file a claim, and with mass transit systems owned or operated by government entities, that time limit may be shorter than you think.

*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 to Watch Out For When Shopping For Auto Insurance

6 THINGS TO WATCH OUT FOR WHEN

SHOPPING FOR AUTO INSURANCE

    A recent article was posted on NBCnews.com talked about the possibility that some Auto Insurers may be gouging their customers based upon their status as blue-or-white-collar professionals or their level of education  (article found here). This article, whether true or not, attempts to shine the light on the inner workings of the auto insurance industry. Although millions of US citizens spend billions of dollars each year on auto insurance, many of them don't understand how these companies work, or really what they are purchasing. This can make it hard to know exactly what it is you are purchasing, and why you are giving them your money. 

   When shopping for a new auto insurance policy, it may be difficult to know what makes one insurer better for you than another. We have provided some tips to keep in mind while shopping for an auto insurance policy that fits your needs. While reading this, keep in mind what auto insurance is designed to do: protect you, your property, and your assets when accidents happen resulting in property damage or personal injury. While auto insurance is designed to protect you, each policy and each provider is different. Here are a few things to keep in mind when shopping for auto insurance:

     1.   HOW MUCH PROTECTION DO YOU NEED? This is different for each person. Your level of protection is reflected in the liability limits of your policy. The liability limits will tell you the maximum payout for an accident for personal injuries suffered by an individual or individuals and for property damage. To figure out how much liability coverage you need, first look to your State laws to determine if there is a State Minimum Liability Limit required for all drivers and vehicles (which can be found here). For example, in Illinois, the state minimum coverage is 20k/40k/15k. This means that, under a policy with the minimum limits, an individual who is injured in an auto accident can recover a maximum of $20,000.00, a group of individuals who are injured can recover a maximum of 40,000.00, and a maximum of $15,000.00 can be recovered for property damage. 

     For most individuals, it is advisable to have higher liability limits for a few reasons. First, if you yourself are injured in a car accident, you may be able to recover under your auto insurance policy, but you are subject to the same limits. Meaning if your medical bills exceed your $20,000.00 limits, you are going to be stuck paying the excess bills yourself. Second, if in the unfortunate yet common occurrence happens where you are at fault for a car collision resulting in personal injury, the injured party can recover from your auto insurance policy up to the policy limits. Again, if the injured individual's medical bills or injuries exceed your policy limits, the individual may seek to sue you personally to recover the excess value of their injuries. In general, the higher the policy limits, the more protection it provides. 

     2.   WHAT DOES YOUR DRIVING RECORD LOOK LIKE? Your driving record will reflect the rates you can get, and level of protection you require. In general, the more tickets, citations, and collisions you have on your record, the higher your premiums may be, and likely the higher level of protection you may need. Although it may not be true, the assumption is that the more accidents and tickets you have on your record, the more likely you are to be involved in a collision in the future. If you don't have your driving record with you, it can be obtained from most States' Department of Motor Vehicles. 

     3.   SHOP AROUND FOR COMPETITIVE RATES AND DISCOUNTS. Find something that you can afford. Different insurance companies charge different rates for similar policies, and many will provide discounts for safe driving, paperless billing, car safety features, or other situations. There is no point in paying more than you have to when there are cheaper rates or discounts available, provided you are getting the protection you need. When shopping for affordable rates, you have to remember that you are buying protection. Saving a few hundred dollars a year isn't worth it if you have to pay thousands out of pocket later in the event the unfortunate happens.

     4.   WHAT IS THE INSURANCE PROVIDER'S REPUTATION? When you purchase auto insurance, you are putting your trust in another entity. Every state and the federal government has passed extensive legislation governing the insurance industry to ensure that their customers' interests are protected, an insurer with a good reputation, and few complaints will be much easier to deal with. Vehicle collisions are stressful enough without adding the stress of dealing with difficult customer service from your insurer. Some things to look for include customer complaints, poor credit ratings, customer satisfaction ratings, and financial strength ratings. You can contact an independent insurance agent to find out this information, or you can find it at the National Association of Insurance Commissioners, A.M. Best, Consumer Reports, and JD Power and Associates.  Also don't forget to ask your friends and family who may have had some experience with those insurers.

    5.   HOW DOES YOUR INSURER DEAL WITH CLAIMS? In the event of a collision, this is something that will have a massive impact on your life. Does your insurer have a policy of honoring claims in good faith? Do they have a reputation of rejecting or fighting all claims? What are their standard requirements before claims are honored? While the vast majority of insurers will conduct independent investigations into most claims to ensure that the claim is covered, some will honor claims quicker and with less hassle than others. Less hassle means less money and time spent by you trying to recover.

    In the event that you are involved in a car accident and are injured, you may file a claim against your own policy. If your insurer has a reputation of honoring claims in good faith, this can be a quick, and even pleasant experience for you. These insurers will recognize when a claim falls under their policy, will recognize the value of the claim, and will pay out the applicable benefits quickly and painlessly. This is the same for these insurers for claims by other individuals who may have been injured in collisions for which you are at fault. Once this is done, the claim is over, and you can move on with your life.

    However, not all insurers treat claims this way, and many , it would seem, do not have your best interests at heart. For the insurers that have a reputation of fighting and denying most claims, these scenarios play out much different. If you are injured, are covered by one of these insurers, and file a claim with them, it can be months, even years, before any benefits are paid out. You may have to hire and pay an attorney, take hours out of your day to give repeated sworn statements and depositions, pay for arbitrators or court filing fees, and appear in court or arbitration before the insurer is willing to honor the otherwise legitimate claim and pay you your benefits. This plays out the same when others are injured by you in a collision. If your insurer is denying someone else's claim, this is usually when lawsuits get filed, and you have to spend your time in court. Further, in many states, insurers are required by law to negotiate on behalf of their insureds in good faith. In Illinois, if they deny an otherwise legitimate claim by someone, or fail to make a reasonable settlement offer, and the injured party obtains a verdict in excess of the policy limits at trial, they can come after your personal assets to satisfy the excess verdict. This is exactly what you are paying your insurer to protect you from. 

     6.  REVIEW YOUR CONTRACT AND ASK QUESTIONS. Finally, make sure you review your insurance contact before you sign. This should contain all the information about your policy and your requirements as an insured. If you have any questions, or if something seems unclear, ask questions, and if you are not satisfied with the answers, you can seek out 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.