Knowing What to Do and not do following a Personal Injury Accident

A Chicago Personal Injury Lawyer can help if you are ever involved in an auto accident, but the process can be made much smoother if you take the time to understand the “do’s” and “don’ts” of the situation now. If you were in involved in auto accident, would you know how to handle the situation? Have you thought about what you would do if you lost your ability to work?

Do understand your insurance coverage

It’s always a good idea to read and understand everything involved with your insurance policy. We know that’s not the most exciting thing you will ever read in your life, but if you’re in the dark about your insurance coverage, you don’t really know how well you are covered in case of an accident.

Capture the accident details
It is very important to record the details of the accident in writing while they are still fresh in your mind to get a clear picture of what happened. Documenting as many details as possible makes a big difference and don’t forget to keep records of all the expenses associated with the accident, from repairs bills to medical bills.

Contact the insurance company from the other party

Write a letter of notification to the insurance company of the at-fault driver and your own insurance company. This article from all-about-car-accidents.com offers some good tips and a sample letter that will help you get started.

Don’t Discuss the accident

It is very easy to start discussing the accident with the other driver, an insurance adjuster or someone else involved with the accident who stands to lose money. Do not participate in these discussions. What you say can be held against you later. Further, do not consent to having your comments recorded in any way.

Don’t sign anything

An attorney representing the at-fault driver may try to persuade you to sign away your rights to pursue damages for a small settlement. You need to consult an personal injury attorney illinois prior to signing any agreement related to the accident.

Do not take out an accident loan

Any financial assistance related to the accident should be reviewed by an attorney. Car accident loans are offered to victims when they are most vulnerable following an injury and lost wages. That being said, the terms and conditions may not be in your best interest. A personal injury lawyer in Illinois can help you navigate this type of assistance if it is truly needed.

No one expects to be in accident and the thought of dealing with an injury following an accident is not something anyone wants to think about. However, if you know your insurance coverage and pitfalls to avoid before an accident occurs, you will improve your ability to be properly compensated. A Chicago Personal Injury Law Firm is the best place to start. Familiarize yourself with the best attorneys in your area.

HAW92B95WY9M

Best Practices for Navigating the Workers' Compensation Process

If you've suffered from a work-related accident, you undoubtedly have questions - should you hire a Chicago workers compensation lawyer? How do you report your injury? Because your accident has already created enough stress in your life, there's no need for you to experience anxiety with regards to the steps you should take in handling the situation. Here's a quick quite to navigating the process of a work injury, from notifying your employer to consulting a Chicago worker's compensation lawyer.

Reporting the Accident

It's important that you notify your employer of your accident immediately. Although the state of Illinois allows a 45 day window for reporting a work-related injury, any wasted time could result in the delay of benefits or possible claim denial. You can provide either oral or written notification of the accident, however, a written notice detailing the date, place, and nature of the accident is the best way to avoid any problems with your claim. Lastly, the accident must be reported to the proper entities such as management or human resources. Providing notice to a fellow employee with no managerial authority is not considered notice to the employer.

Understanding Employer Responsibility

Upon receiving notice of your work-related accident, your employer is required to provide any necessary first aid or medical services. Regardless of whether your employer doubts your claim, they must inform their workers' compensation insurance carrier or administrator of your injury. According to Illinois law, if it is determined that you are unable to work for more than 3 days as a result of the injury, your employer must either begin benefit payments, provide you with written explanation of what additional information they require prior to beginning payments, or give you a written notice detailing why benefits are being denied. If you feel you are wrongfully being denied benefits, it's wise to consult with a Chicago worker's compensation lawyer.

Hiring a Chicago Workers' Compensation Lawyer

Hopefully, you won't experience any issues with your claim, but the help of a Accident Lawyer Illinois may be required if:

• You believe that your claim was wrongfully denied
• Your employer has retaliated against you due to your claim
• Your benefits are unduly delayed
• There is a problem with the treating physician
• Your claim involves a third party 

Remember that knowledge is power. By educating yourself on the workers' compensation process, you can protect yourself in the event of an accident.

Auto Accident Insurance Claims: The Proper Procedures

Auto accidents can be a simple annoyance or a horribly traumatic experience. Regardless of the type or severity of an accident, there are rules to follow and things you should be aware as you begin your insurance company's claims process. Consult a good car accident attorney in Chicago if you have any questions about the following important points to remember.

Call 911

Obviously, it's best to first call 911 after an accident has occurred. Emergency operators are trained to determine exactly which first responders should be dispatched to your scene. Once any injured persons have been stabilized and the accident situation is secure, call your insurance company and report the accident.

Get Information

Don't allow any other involved drivers to leave the scene before you exchange required information. This should include driver's license numbers, all contact information and insurance policy details. If there are any witnesses available, get all of their contact information also. While any competent car accident attorney in Chicago can help discover this data later, it's much better to get it upfront.

Be Honest

Do be honest with your insurance company. Any dishonesty could cause a future claim to be denied because of fraud.

Don't Admit It

Never admit fault to anyone. It is the job of the police to investigate what has happened, and it's the job of your insurance company to ultimately place blame. You're paying your insurance company to represent you, so let them do their job.

Don't Be late

Insurance policies do include time limitations, and coverage can run out if a claim is not filed timely. If you do run into this problem, contact a car accident attorney in Chicago for help.

Don't Necessarily Believe What the Adjuster Tells You

One job of an insurance adjuster is to get your car fixed as cheaply as possible. Insurance companies are businesses, and any money they spend on your claim is money that subtracts from their bottom line. Your policy and the laws of Illinois give you specific rights. You may be able to choose your own repair shop and you should be allowed to get a number of estimates for repairs.

Insurance companies can be difficult to deal with. While TV commercials often represent them as customer friendly and caring , the opposite can be true, especially in the case of  an adversary proceeding. Don't hesitate to call a Chicago Auto Accident Attorney for help.

What Comparative Negligence Means to Car Accident Lawyers in Illinois

Car accident lawyers in Chicago, Illinois work under a comparative fault system that governs the allocation of liability. In Illinois, the term is comparative negligence, but you may see it as comparative fault or comparative responsibility, as well. Understanding how this law affects the rights of Illinois drivers is critical when considering an accident claim.

The Basics of Illinois Comparative Fault

Proportional comparative fault is a key part of determining case viability. This law applies in accident situations where more than one party is responsible. For example, one car making a turn across a lane hits a car speeding down the road. Technically, the turning car hit the speeding car, but both share responsibility for this accident.

How Comparative Negligence Affects Illinois Drivers

Comparative negligence is a standard established by the state to determine percentage of fault when recovering damages. This law affirms that a party may only file an insurance claim for damages if they are less than 50 percent responsible for the accident. In addition, the insurance company can reduce the claim payment by a fault percentage. If the determination is one party must take 20 percent of the fault for the accident, the company cuts the recovery payment by that percentage.

When you file a claim with an insurance company, they make an offer based upon what they believe to be their insured’s amount of negligence. The claim adjuster interviews the parties involved and reviews the official accident report. With all of the facts on the table, the adjuster suggests a dollar amount to cover the damages and then determines the percent of fault of their insured.

What If the Fault Percentage is Wrong

It is possible that you will disagree with the insurance company’s determination for the level of their insured's negligence. When this happen, you can have your car accident attorney in Illinois file a complaint with the Department of Insurance. They can request the company review that matter. If that is not productive in resolving the discrepancy, then it becomes a civil case for the courts.

Laws like comparative negligence make seeking a car accident attorney in Illinois vital when there is a problem. Comparative negligence can significantly reduce the amount of your damage payment, even if the accident is not your fault. It is the job of the lawyer to represent your interests to get a fair settlement.

Your Personal Injury Lawyer in Illinois and Juror Questions at Trial

If your case ends up going to trial with your personal injury lawyer Illinois, your lawyer may have no choice but to allow jurors to ask questions of all witnesses. In July 2012, Illinois Supreme Court Rule 243 went into effect. That rule gives the trial judge the discretion of allowing jurors to ask questions of trial witnesses in personal injury cases. 

Although many other state courts have allowed this procedure, the Illinois Supreme Court is the first state to actually establish a rule allowing it. The idea is that it will increase the attentiveness of the jurors and assist them in their understanding of the case.

At the conclusion of the testimony of each witness, jurors will be allowed to submit their questions in writing to the bailiff. Jurors are instructed not to discuss their questions with other jurors and then given a recess while the judge considers whether or not to allow the questions. Outside the presence of the jury, the judge reads each question to the lawyers.

After discussion and ruling on any objections and possible modification of the question, the judge will reconvene the jury and read the questions to the witness, who the judge instructs to answer the question without elaboration. Your personal injury lawyer Illinois will be allowed to ask follow-up questions.

If you go to trial with your personal injury lawyer Illinois, be prepared to hear a juror question that seems “off the wall” and takes the trial in a different direction than anticipated. The question may even upset you.

Instead of getting upset, keep in mind that an unexpected question may give your lawyer a chance to identify an overlooked weakness in the case. Your lawyer can then ask follow-up questions and later present evidence designed to clarify the juror’s expressed concern. On the other hand, trust the judgement of your personal injury lawyer Illinois in deciding not to focus undue attention on one juror question that may be pulling the trial off track.

The trend in all states is to allow jurors to ask questions. The American Bar Association has encouraged lawyers to embrace the idea and not object. Your personal injury lawyer chicago may not have a choice now that the Illinois Supreme Court has sanctioned the practice. If your trial judge authorizes this procedure in your case, trust your trial attorney to use the procedure to your advantage.

Illinois Dog-bite Law Favors the Victim

Our canine friends are considered the most popular pets in America. And they are also the most likely to cause an injury, which could have you seeking the advise of a Chicago dog-bite attorney.

Astounding Statistics

The Centers for Disease Control estimates 4.7 million citizens receive dog bites annually, with one-fifth of them seeking medical attention. 16 dog bites per year result in death of their victim. Not only do these facts point to the dangers associated with interacting with pets, they illustrate the liability dog owners could face, should their dog (or any pet) attack.

The Illinois Animal Control Act 

Before this act was passed, common law stated that in order for a victim to claim damages, the owner had to have prior knowledge of a dog’s dangerous behavior. Since the passing of the Animal Control Act (ACA), these dog bite statutes allow victims to seek compensation from the owner regardless of the dog’s propensity for danger. The state makes the owner of a dog or other animal liable for civil damages when it injures a person without provocation. The owner is also liable if the dog causes a person’s injury out of their fear of imminent danger. Because proof of dog owner’s negligence isn’t needed under the ACA, it is to the plaintiff’s advantage to make a statutory claim under the new act instead of suing for negligence under common law.

To recover compensation under the ACA, the plaintiff must have conducted himself peaceably, had the right to be at the location of the attack and did not provoke the dog. In order to have a valid defense, the owner must prove the plaintiff was provoking the dog, trespassing, or committing a crime during the incident. Either way, the assistance of a Chicago dog-bite attorney will help clarify your understanding of the ACA.

Insurance Protection

The dog owner may be covered for a pet-induced injury under their homeowner’s insurance policy. But some policies exclude dangerous dog breeds, such as Rottweilers and Pit Bulls. There is proposed legislation to disallow insurance company discrimination of certain breeds, but to date your insurer has the right to choose which dog breeds they will cover.

Contact an Attorney

Whether your dog is involved in an attack or you or someone you know has been injured, Illinois law provides legal options. Find out the facts by contacting an experienced Chicago dog-bite attorney now.