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.

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.

Staten Island Man Dies After Potential Police Brutality Incident

     There is no question that Police Officers, in general, are brave, respectable individuals who put their lives on the line to protect us all. Unfortunately, there are a small number of police officers who have abused the authority and power given to them and hurt, or even killed, the citizens they were sworn to protect. These incidents, however uncommon, can be so disturbing that the stories spread throughout the community and can result in severe distrust for members of the police force. Recently, an incident occurred in New York City which has brought the discussion of police brutality.

     On July 17, 2014 a 43-year old Staten Island man, Eric Garner, died after an encounter with New York City police officers. A number of NYPD officers approached Garner regarding an investigation into the illegal sale of cigarettes. Witnesses stated that an argument broke out between Garner and the officers, and at some point one of the officers placed the asthmatic Garner in a chokehold. Garner reportedly fell to the ground and passed out after telling the officer he could not breath. He was pronounced dead later that evening at Richmond University Medical Center, although the cause of death has yet to be determined. The incident was filmed by witnesses, a copy of the video (Warning: May be disturbing) can be found here.

     During a press conference with New York City Mayor Bill de Blasio and New York City Police Commissioner William J. Bratton, Commissioner Bratton stated that it was against NYPD policy to use chokeholds, even when interacting with individuals who may be resisting arrest. This incident has prompted an investigation into the cause of Garner's death and the possible violation of Garner's civil rights by the officers. Some have accused these officers of using excessive force against Garner, and the incident has sparked anger in the community against the NYPD.

    Regardless of the result of the investigation into the Garner incident, there are certainly incidents in which police officers have abused their power and violated citizens' civil rights. If you, a friend or a loved one has been the victim of excessive force, false arrest, illegal search and seizures, or any other civil rights violation by a member of the police, it is recommended that they talk to 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.

   

Continued Trouble for GM - Watch Out for More Recalls

     About 4 months ago, General Motors made national headlines when it began recalling 2.6 million vehicles due to problems with the vehicles' ignition switches. The ignition problems, which many have called negligent designing and manufacturing by GM, had caused an estimated 54 car crashes and 13 deaths. But GM's problems are not over, and neither are the worries of GM customers.

     On Monday, June 16, 2014 GM issued yet another recall due to problems with GM vehicles' ignition switches. For this recall, the 44th GM has issued this year, covers an additional 3.4 million vehicles. The latest GM recall covers the following models:

 - 2005-2009 Buick Lacrosse
 - 2006-2014 Chevrolet Impala
 - 2000-2005 Cadillac Deville
 - 2004-2011 Cadillac DTS
 - 2006-2011 Buick Lucerne
 - 2004-2005 Buick Regal LS & GS
 - 2006-2008 Chevrolet Monte Carlo

    The initial recall was due to problems with the ignition, which has been shown to switch from the "run" position without notice, causing an engine stall. This recall, however, is due to problems with the design of the car keys, which can cause the vehicle to switch out of the "run" position due to excess weight or a sudden bump or shake. This can cause the car to stall, power steering to shut off, and drivers to lose control. According to reports, the key problems have caused 8 crashes and 6 injuries.

    If you, or someone you know, owns or operates one of the GM vehicles covered by the recall, please make sure to check the General Motors website or a local GM dealer for recall information. And, as always, if you or someone you know has been injured in a car accident, related to these problems or otherwise, contact a licensed and competent attorney.

(Information obtained from NBC news.com)

*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.

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 2 of 5: Cut Back on Drinking - Illinois Dram Shop Basics

     For Part 2 of Eckert & Smestad's 5-part blog series based upon common New Year's Resolutions, we focus on the basics of Illinois Dram Shop, or alcohol liability, laws.  For many, New Year's is a time to promise to focus on health, which commonly takes the form of reducing one's consumption of alcohol.  This can certainly be beneficial for many obvious reasons, including the fact that the consumption of an excess amount of alcohol can result in risky behaviors which may themselves cause injury to others.  Many states, including Illinois, has enacted laws allowing injured third parties the right to recover compensation for such injuries from establishments which sell or distribute alcoholic beverages.  These laws are known as dram shop laws.

     The Illinois Liquor Control Act of 1934 (Illinois' Dram Shop law) allows an injured third party (meaning not the intoxicated individual causing the injury, nor the liquor-selling establishment) may collect financial compensation from a bar, restaurant, etc. for injuries which were caused by an intoxicated customer.  An example of such a situation would be if John's Bar sells numerous cocktails to Mark, who then leaves John's Bar, gets into his car, and while driving home, strikes a pedestrian with his vehicle, causing the pedestrian to suffer severe injuries.  Under the Illinois Liquor Control Act, the pedestrian would have the right to file suit against the owners of John's Bar, as well as the owners and/or lessors of the property on which John's Bar is located, for getting Mark intoxicated, which ultimately resulted in the pedestrian's injuries.  

      There are certain elements which the injured party must prove before his or her right to compensation is established: 1. He/She was in fact injured; 2. The injuries were caused by an act of the intoxicated person; and 3. The defendant establishment (bar, restaurant, etc) provided the alcohol to the intoxicated person which resulted in his/her intoxication. 

     The Illinois Liquor Control Act also limits the amount of money an injured individual may recover from a defendant establishment for these injuries and/or property damage.  For any incident which has occurred after January 20, 2014, a plaintiff may recover up to $64,017.86 for personal injury and/or property damage from the defendant establishment (see here).  Additional funds may be available from other parties, including the intoxicated individual him/herself.  

     It is important to note, however, that there are relevant time limits for which an injured party must bring suit, per the applicable Statutes of Limitations. 

*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 Resolution 1 of 5: Be a Nicer Person - The realities of a defamation/slander/libel lawsuit

     Although a little late for the beginning of 2014, we at Eckert & Smestad introduce our 5 part blog series entitled "New Year's Resolutions."  Each blog under this series will tackle a legal issue related to different popular and common New Year's Resolutions. Below, just in time for many people to start giving up on their own resolutions, is part 1:

BE A BETTER PERSON: THE REALITIES OF A DEFAMATION/SLANDER/LIBEL LAWSUIT

     A common resolution goes something like this: "I will be a better person this year." This can be an overwhelming, and sometimes too vague and big a task for many people to successfully complete. One aspect of this resolution is to refrain from speaking negatively or spreading rumors about other people. In legal terms (although there are many elements to this, as discussed below), this can lead to a cause of action for defamation, slander, or libel. The legal definition of defamation, according to this Legal Dictionary is "Any intentional false communication, either written or spoken, that harms a person's reputation, decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person." Generally, slander is defamation that is spoken, and libel is defamation that is written. 

     In order to succeed with a defamation claim, a plaintiff must be able to prove each of the following elements (keep in mind there are many defenses, intricacies, and other legal issues which are involved in defamation claims, and this article is not intended to act as a substitute for the advise of a competent and licensed attorney):

            1. The defendant made a FALSE statement of fact about the plaintiff

            2. The statement was published to a third party (it was told or written to another person besides the plaintiff)

            3. There was fault by the defendant rising to at least the level of negligence (the defendant either made the statement knowing it was false, or with negligence as to whether the statement was false or not); and

            4.  The plaintiff (or his/her reputation) was damaged by the defendant's statement.

     Many people who call attorneys with potential defamation claims call to complain because some person said something negative about them.  While this can sometimes give rise to an actionable defamation claim, there are many common problems which must first be considered before one actually attempts to bring a defamation lawsuit against another.  

     The first problem commonly encountered with many potential defamation claims is that the alleged defamatory statement is an opinion, and not a statement of fact.  Many phone calls that come through our office deal with situations in which someone "said I was dumb" or "told my boss that I was a bad employee" or "told my boyfriend/girlfriend that I was a jerk" (although jerk is often not the word used).  While these may be false, and while they may be harmful to your reputation, many of these statements do not rise to the level of fact necessary to satisfy the first element.  Keep in mind, the first thing that must be proved is that the statement was false.  If someone calls you dumb, you will first have to prove what criteria must be used to judge what "dumb" meant in this particular situation, and then prove that you do not fit that certain criteria.  A more actionable statement would be that some person "said I had an IQ of 40" or "told my boss that I was embezzling money" or "told my boyfriend/girlfriend that I was cheating on them."  These are statements that can easily be disproven.

     The second common problem with potential defamation claims is one of damages.  Even if one can satisfy all of the elements of a defamation/slander/libel claim, the plaintiff must then be able to answer the ultimate question ... so what will make you whole again?  What are the damages you seek?  If the defamatory statement is still being published, the plaintiff can certainly seek a judicial order requiring the statement to be removed from whatever media, or an order requiring the defendant to cease from publishing the statement.  However, in most cases, the defamatory statement was said once and has disappeared.  In these cases, monetary damages is the only award available.  Proving what the damage to your reputation is worth can be very difficult without something solid to lean on, such as a loss of a job due to the statement, failure to obtain a loan or financing, etc.  Without some sort of concrete evidence of the harm to your reputation, it may be difficult, if not impossible, to convince a jury to award you any money.  And that could make the whole process a waste of time and money. 

*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.

Travel Safe this Holiday Season

     AAA has estimated that this holiday season over 30% of Americans will travel 50 miles or more to visit friends, family, or simply get away. This means that approximately 96 million people will be traveling by car or plane between December 21, 2013 and January 1, 2014. All those additional travelers mean more dangers, more risks, and of course, more travel headaches. Couple these additional travelers with snow and ice on the roads, and the risk of car accidents and other injuries increases even more.

     If you are traveling this holiday season, here are some tips to keep in mind for safe traveling:

          1. Take your time on the road. Driving too fast for conditions or traffic is a well known cause of many car accidents. In order to ensure that you can arrive on time without having to drive too fast, allow extra time before you leave.

          2. Make sure your car is prepared to travel. This means checking your brake fluids, oil, tire pressure, antifreeze, and all other necessary vehicular aspects before you travel. A few moments spent checking your car can save you a great deal of headaches later on.

         3. Prepare for a breakdown. Bring blankets, water, cell phones, chargers, and a first aid kit with you. In the event that a breakdown does occur, you will want to have all necessary materials with you to keep you safe while you wait for a tow or rescue.

         4. Map out your route before leaving. This removes any last minute decision making about how to get to your destination, and can allow you to focus on the road and other drivers.

         5. Keep focused on what's going on. This works for both driving and flying. By keeping an eye out for black ice, snow, other drivers, other travelers, and on anyone else who may be nearby, you will be able to take necessary steps to ensure the safety of yourself and your fellow travelers.

     Have a happy holiday season, and travel safe!

*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.

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.

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.

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.