Posted on May 14, 2019 in Car Accidents

The point of insurance is for the insurance company to provide financial support to policyholders when they have claims. Unfortunately, most insurance companies do not look forward to upholding their end of the contract. During the claims process, the insurer may try to avoid liability for the claimant’s damages through common deny-or-delay tactics. Knowing some of the most common reasons insurance companies use to deny claims can help you determine whether the denial is valid or invalid.

Pre-Existing Injuries

Insurance companies may try to deny benefits to a policyholder because of pre-existing injuries or conditions. Pre-existing injuries or surgeries, however, are not always valid reasons to deny a claim. If the pre-existing condition is not related to the injuries you sustained during your accident, the insurer may still owe you for your medical bills. The same is true if your accident exacerbated existing injuries. Even if you had the injury before, if the incident worsened your symptoms or condition, you could still be eligible for financial compensation.

Continue Reading ››

 Posted on May 14, 2019 in Personal Injury

A deposition is something that happens during the discovery phase of a court case. It is one of the many pre-trial processes that allow both parties to create their strategies moving forward. Depositions involve witnesses answering questions about the case, during interrogations from both sides. The goal of a deposition is to give both parties in a personal injury claim all the facts of a case before a trial. What happens after a deposition generally remains the same from case to case in Illinois.

Continue Reading ››

 Posted on May 14, 2019 in Workers' Compensation

Bullies in the workplace can make the work environment feel hostile or unsafe. Bullies can make it difficult or ultimately impossible for your employees to perform their job duties. When bullying reaches the level of harassment, workers may suffer undue stress and mental anguish on top of being unable to do their jobs. As an employer, it is your legal responsibility to prevent workplace bullying. If a bully does appear in the workplace, you must do something to intervene and resolve the issue right away.

If you've experienced a hostile or unpleasant work environment due to workplace bullying, contact our office today to schedule a free consultation with one of our attorneys.

Create an Anti-Bullying and Harassment Policy

Addressing bullying and harassment behaviors right from the beginning can put everyone on the same page at work. Create an anti-bullying policy and include it in your employee handbook. The policy should define bullying, list examples, and give clear steps as to what employees should do if they encounter a bully at work. Establishing clear-cut procedures for how to deal with a bully can help workers feel cared about and heard.

Continue Reading ››

 Posted on May 14, 2019 in Workers' Compensation

You might be the victim of wrongful termination if your boss fired you from a job for illegal reasons. Although Illinois is an at-will employment state (meaning employers can fire employees for any reason or not reason at all), it is still against the law to terminate an employee’s relationship with a company because of discrimination or retaliation. If you believe you have a wrongful termination case, use an experienced attorney to help you prove your claim in court.

Understanding the illegal reasons for terminating an employee

There is a big difference between being let go from a job for legitimate reasons and being wrongfully terminated. According to the American Civil Liberties Union (ACLU), there are around 150,000 wrongfully terminations each year in the US.

If we want to understand wrongful termination, we need to look at some of the illegal reasons people are fired from their jobs. These include:

Continue Reading ››

 Posted on April 09, 2019 in Personal Injury

If you recently experienced an incident in which someone else’s actions caused injuries to you or a loved one, you may consider filing a personal injury lawsuit. Personal injury lawsuits can provide you with valuable relief from the medical and financial burdens you suffered as a result of your injury. However, even if you believe you have a solid case and should pursue compensation for your injuries, each lawyer retains the right to take on your case or deny assistance.

Before you schedule a slate of free consultations, it is important to determine how likely an injury lawyer is to accept your case. This post will provide a list of factors our Springfield personal injury lawyers take into consideration when evaluating potential cases.

Who Caused the Incident?

Liability is the number one factor in any personal injury case, and refers to the fault assigned for the incident. Refer to documentation regarding the incident, including police reports, witness reports, statements by the other party, and your own recollections of the incident. Potential lawyers will use all of this information to determine which party an insurance company, judge, or jury is likely to consider at fault.

Continue Reading ››

 Posted on April 01, 2019 in Car Accidents

Distracted driving is a problem, but there is no uniform way to tackle the problem as is exemplified by the varying ways that each state attacks the distracted driving problem. Depending on what state lines you cross, the way you are punished for using a cellphone while driving a motor vehicle varies wildly.

With this in mind, let's talk about the distracted driving laws that apply here in Illinois.

Phones & Hand Held Devices

The most prominent distracted driving laws in Illinois are those pertaining to cellphones and hand held devices. Illinois law prohibits use of hand held cellphones, texting, or using electronic devices while operating a motor vehicle. This includes while stopped at a stop light or sign.

• Hands free or blue tooth technology is allowed for drivers 19 years of age and over.
• City and school bus drivers are forbidden from using cellphones while they are driving.
• No driver is allowed to use their cellphone if they are in a highway construction zone or a school zone.

Continue Reading ››

 Posted on March 12, 2019 in Car Accidents

The dangers of texting continue to be studied and not just for drivers. Although it might sound crazy, texting while walking can be almost as dangerous as texting while driving. More and more pedestrians are being injured while practicing unsafe texting conditions while walking along busy roads.

People have walked into telephone poles, bus stops, doors, shops, subway tracks, and more while not paying attention to where they are going. Pedestrians paying attention to their phones instead of their walking route not only slow down foot traffic but are also more likely to cause accidents with other pedestrians or walk directly into oncoming traffic.

Walking and Texting Accident Statistics

A recent study by the Harborview Injury Prevention and Research Center found that texting has become a significant distraction for pedestrians and the behavior can put pedestrians at risk for being hit by a vehicle.

Continue Reading ››

 Posted on February 18, 2019 in Car Accidents

Winter in Illinois presents a variety of hazards and extra considerations to drivers. Motorcycles are even more susceptible to hazardous winter driving conditions. Pay attention to these hazards and follow the associated safety tips to ensure you or the motorcyclist in your family avoids a motorcycle accident this winter.

Winter Hazards

These winter hazards present extra danger for winter motorcyclists.

• Cold. Due to the design of a motorcycle, no structure surrounds the driver to protect him or her from exposure to cold temperatures. As a result, cold temperatures and the associated wind chill can quickly harm a rider’s skin, particularly in the extremities which experience poorer circulation. Another side effect of cold weather is reduced tire pressure, oil response, and battery response. Motorcycles are susceptible to reduced performance in colder weather just like other motor vehicles. Poor handling and equipment breakdowns may endanger winter riders.

Continue Reading ››

 Posted on February 18, 2019 in Personal Injury

If you or loved one were involved in an accident that resulted in injury by no fault of your own, chances are you incurred medical expenses as a result. Likely, you would like the at-fault party to compensate you for the medical expenses, as well as any lost income due to lost work or potential pain and suffering endured on your part. The first step in that process is proving that the negligence of the at fault party caused your injury.

What Is Negligence?

By legal definition, negligence is the failure by an individual or company to use reasonable care, resulting in the injury of another person. If the failure of another person or company to take adequate care not to injure others caused you to suffer an injury, you may be entitled to compensation for your injuries. To prove negligence, the plaintiff’s attorney must first prove that the individual owed the plaintiff reasonable care.

What Is Reasonable Care?

For basic negligence purposes, everyone must take reasonable care to prevent the injury of others. For example, imagine a situation in which spectators are watching a tennis game. If a spectator is struck with a tennis ball during the normal proceedings of a game, causing injury, the players and officials have still taken reasonable care to play the game as expected and prevent injuries. However, if a player throws a racket into the stands in frustration and injures a spectator, the player has failed to take reasonable care to prevent injuries.

Continue Reading ››

 Posted on February 18, 2019 in Car Accidents

Winter in Illinois regularly brings temperatures far below the freezing point of 32 degrees. In fact, this winter has already featured temperatures well below zero. With record cold predicted for the rest of the winter season, many auto owners are wondering what these brutally cold temperatures could mean for the overall condition of their vehicles.

Low Temperatures Issues

Below-freezing or sub-zero temperatures can affect the performance of your vehicle in several ways.

Decreased tire pressure.

Your car’s manual should list optimum tire pressure; alternatively, many vehicles list this figure on the inside of the driver’s-side door frame. Colder temperatures can result in once-adequately-filled tires losing pressure as cold air occupies less space. Under-filled tires can result in decreased gas mileage, poor handling, and even blowouts in extreme cases.

Ensure that your car’s tires retain adequate pressure even in cold weather. Keep a tire pressure gauge handy, or stop regularly at air stations where you can check pressure before adding more air to your tires. Taking caution now can help avoid poor handling or blowouts causing an accident later on.

Continue Reading ››