Chicago Personal Injury Attorney Archives

Broken Bones Can Result in Thousands of Dollars in Losses

Posted: January 11, 2023

Accidents Often Cause Broken Bones

Accidents can result in many different types of injuries. Some of the most common injuries related to accidents are broken bones. Although broken arms and legs are relatively common, especially among daredevil youth, they can be very serious injuries when they’re caused by traumatic events like a slip and fall or a motor vehicle accident.

Dealing with broken bone injuries can be painful, stressful, and emotionally exhausting. Also, the cost of a broken bone, including emergency room and doctor visits, x-ray costs, and further complications that may arise, can create serious financial hardship for some accident victims when they face the final bill.

Most people think of a broken bone injury as a broken arm in an arm splint simply requiring non-surgical treatment. But they really have no idea about the cost of a broken arm or the doctors’ fees that might be involved. The term “broken bones” can also refer to multiple breaks in one bone or damage to multiple different bones. Also, crush injuries, fractures to spinal bones, and fractures to facial bones can qualify as commonly broken bones.

Serious fractures like these can end up costing accident victims thousands of dollars in medical expenses. Further, they can also cause significant time away from work, resulting in lost wages or the inability to return to former employment.

The severity of a broken bone from an accident can vary, but they all run the risk of costing thousands of dollars in medical bills and lost wages. Taking the right steps after you are injured is important to ensure your timely recovery. Seek medical attention immediately and then talk to an experienced accident injury lawyer to understand the compensation you may be entitled to recover from the responsible person or insurance company.

What Causes a Broken Bone?

A broken bone or bone fracture occurs when force is exerted against a bone that is stronger than the bone can bear. This causes the structure and strength of the bone to tear or break. Broken bones can lead to severe pain and loss of function. In some instances, bone breaks can cause complications like nerve damage and infection.

Some people think of bones as static or dead tissue. But this isn’t true. Bones are a type of connective tissue that is made up of cells and reinforced with calcium. Our bones have a relatively soft center, called marrow, which is responsible for producing the blood cells humans need to stay alive. But the main functions of our skeleton are to support our body, allow us to move, and protect our internal organs. This tissue-like structure and soft center are what allow a bone to break. The important role of our skeleton is what makes that break so critical.

Many accidents can result in broken bones, such as:

Car accidents
Truck accidents
Motorcycle accidents
Pedestrian accidents
Bicycle accidents
Falls

If you sustain a fracture in any accident and believe someone else was to blame, you should allow a personal injury lawyer to assess your legal rights and options.

Symptoms of a Broken Bone

If you are involved in an accident or traumatic incident, you should get medical help right away after the personal injury incident. You do not want to risk waiting when you have an injury or making an existing injury worse. In most cases, you will definitely know if you have a broken bone because of clear symptoms. However, shock and other injuries can mask certain fractures. That is why going to a hospital is so important after an accident to ensure that you don’t aggravate an injury.

Symptoms of a broken bone can include:

Severe pain
Deformities, such as a fractured arm or broken limb appearing to be out of place
Swelling, bruising, tenderness, numbness, or a tingling sensation around the injury
Difficulty or pain when moving a limb.
Hearing or feeling a snap or a grinding noise as the injury happens
Feeling faint, dizzy, or sick as a result of the shock

Broken bones can range from stress fractures, which are tiny cracks in the bone, to more serious fractures where the bone is actually cracked and moves apart during an accident or fall.

The worst bone break is a compound fracture. Here, the bone breaks into two or more pieces, and one or more of the pieces punctures the skin, exposing the bone and creating a wound. This complex fracture poses a risk of infection. Also, it presents serious issues for an orthopedic surgeon while reconstructing and setting the break. The goal is for the bone to heal properly and as close as possible to its original position. Compound fractures require x-rays, emergency surgery, and additional doctor visits to improve the prognosis and prevent complications.

Any fracture requires immediate medical care. X-rays will determine whether you have broken a bone and whether you need a cast or a splint to treat the fracture. It is also possible that surgery will be necessary, depending upon the location and severity of the break. Pins, screws, or other measures might be necessary to stabilize the fracture. As a result, compound and other complex fractures are the most difficult and expensive to treat.

Broken Bones Are Common in Accidents

Fractures are among the most common orthopedic injuries, with roughly 7 million people suffering bone fractures in the United States every year. The average adult in the United States suffers two bone fractures in their lifetime.

Extremity fractures such as broken arms are the most common, usually suffered by men under 45 years old, or women over 45 years old. For women, this is due to osteoporosis, a reduction in bone density commonly found in older women.

Types of Fractures

There are different types of bone fractures. Some are more severe than others, depending on the strength and direction of the force, the particular bone involved, and the age and health of the victim.

When we speak of a broken bone after an accident, the first thing that comes to mind is probably something like a person with their arm in a cast. But other bones in the human body can break too. In fact, if it’s a bone, it can probably break or fracture during a serious accident, like a car accident.

For example, a person may break a rib during an accident; or they may have their foot crushed, causing multiple bones in their foot to break or fracture at once. Someone may also break a bone in their back or neck, which causes its own unique issues and treatments, but nonetheless, is a broken bone.

The point is, insurance companies don’t always take broken bones seriously, since a broken arm or leg can be quite common in daily life. But in reality, these types of injuries are often serious.

Some common types of fractures include:

Avulsion fracture: a piece of the bone that is attached to a tendon or ligament gets pulled away from the main part of the bone.
Comminuted fracture: the bone becomes shattered and breaks into many smaller pieces. Some slip and fall victims try to catch themself as they fall, leading to a broken wrist and comminuted fractures.
Compression fracture (wedge fracture): the bone is broken from a downward force, and usually occurs in the spine.
Fracture-dislocation: an injury where both a fracture and dislocation happen simultaneously. This will often cause a bone fragment to remain lodged between the dislocated segments and require surgery for removal. Car accident victims often suffer from these types of injuries.
Hairline fracture (stress fracture): small breaks along the bone or bruises inside the bone.
Impacted fracture (buckle fracture): occurs when the broken ends of the bone are pressed against one another due to the force of the injury.
Intraarticular fracture: a fracture that pushes into a joint. This can damage the cartilage between the joints and has a higher risk of developing long-term complications.
Pathological fracture: break in a bone that is weakened from underlying illness.
Spiral fracture: occurs when torque or twisting is applied to a bone

Complications from Breaks, Fractures, and Crushed Bones

Broken bones are not always straightforward. Sometimes, they can be accompanied by or lead to other problems. Serious complications are rare, but they are more common in injuries that are caused by severe force like those caused by car accidents.

This can significantly increase the amount of damage, pain and suffering, and cost of treatment. This is one of the major reasons why some broken bones end up costing thousands of dollars to treat.

Below are some common complications seen in broken bone cases.

#1. Excessive Bleeding and Disrupted Blood Flow

Many fractures cause noticeable bleeding around the injury. In most cases, it’s not serious. However, in some cases like those involving large bones or crushed bones, internal bleeding or bleeding from an open wound can cause a life-threatening drop in blood pressure.

Sometimes a dislocation or break can cause a disruption of blood flow. This can cause some tissue to not get enough blood, which can be a major problem for the body. In worst-case scenarios, it may not be noticed and leads to amputation.

#2. Nerve Damage

Sometimes when a bone is fractured, nerves are stretched, bruised, or crushed. These injuries usually heal on their own, but they can also cause severe pain while they do. In rare cases, nerves are torn, sometimes by sharp bone fragments. Torn nerves do not heal on their own and may have to be repaired surgically.

#3. Pulmonary Embolism

A pulmonary embolism is the most common severe complication caused by a fracture, usually to the hip or pelvis. It occurs when a blood clot forms in a vein, breaks off, travels to a lung, and blocks an artery. As a result, the body may not get enough oxygen.

Pulmonary embolism is most common in older people who break their hip. But they can occur to anyone who suffers a serious fracture.

#4. Infections

If the skin is torn when a bone is broken, the wound has a chance of becoming infected. In some cases, this infection may spread to the bone or blood, which can be very serious and will require extended hospital care.

#5. Joint problems

Fractures that extend into a joint can damage the cartilage at the ends of bones. Damaged cartilage can scar, which makes joints stiff and limits their range of motion. Physical therapy is usually needed to treat joint problems from broken bones. Surgery is required to repair damaged joints in some cases.

#6. Osteonecrosis

When blood flow to a bone is disrupted by a fracture or dislocation, part of the bone may die from a lack of blood. This is known as osteonecrosis. Most of the time, doctors can prevent this before it becomes a problem. However, in cases where blood flow is hindered for too long, patients may lose function or require amputation.

How much does a broken bone cost?

As you can see, broken bones and fractures can be complicated and can result in lots of complications. Even if you have health insurance, a relatively simple procedure involving a broken bone can get pretty pricey.

Adding up charges for an emergency room visit, doctor’s fees, lab fees, x-rays, fees for follow-up care, braces, slings, bandages, splints, casts, clinic visits, CT scans, and other procedures can quickly push the costs over $10,000.

Physical therapy, if necessary, can also add significant costs. Treatments for any nerve damage or other complications, such as muscle damage, also will escalate the cost. Depending upon your insurance policy, there is no guarantee that all or even most of these costs will be covered.

With medical costs constantly on the rise, any injury in an accident may wind up costing far more than you expect. Broken bones are no exception. Even with health insurance, a broken bone can be very expensive.

The Cost of a Broken Leg

Without health insurance, the costs of a broken leg can reach many thousands of dollars

If you don’t have health insurance, treatment for a broken leg generally can be as much as $2,500 or more just for a break that calls for a cast. That can include an average of more than $200 for an x-ray – although that can cost as much as $1,000 – about $225 for a cast, and as much as $1,000 for the doctor’s fee, in addition to up to $200 for an office visit fee. Fees can vary depending on where you are and what prevailing healthcare costs are in your region.
If you suffer a broken leg that requires surgical treatment and you do not have health insurance, surgical treatment of a broken leg typically costs $17,000 to $35,000 or more.
Health insurance will typically cover a broken leg, but you remain responsible for copayments and coinsurance. These can amount to thousands of dollars. This is especially true if your deductibles or yearly out-of-pocket maximums are high. This would be common with many plans on the Healthcare Exchange.

The Cost of a Broken Arm

A broken arm from an accident is common but no less expensive. Here’s a summary of broken arm costs in the United States:

If you have no health insurance, the cost of diagnosis and treatment for a broken arm that does not require surgery generally runs up to $2,500 or more.
If surgery is required, without health insurance a broken arm generally costs about $16,000 or more.
Health insurance would normally cover a broken arm. However, for someone on a health insurance policy through the Healthcare Exchange, deductibles could be more than $5,000. This means you will wind up being responsible for the full costs yourself.

In addition, the severity of the break is a major factor in how much it costs to treat a fracture. Compound fractures, for example, can be considerably more expensive to treat.

All Broken Bones are Serious, Contact an Experienced Chicago Injury Lawyer

If you suffer a broken bone in an accident involving another party, whether in a traffic accident or an accident on someone else’s property, the other party may be legally liable for your damages. Regardless of what your insurance does or does not cover, you might be able to recover damages from the other driver or property owner, or from that person’s insurance carrier.

It is important to explore your legal options to obtain compensation for your injuries. There is no reason for you to bear all the expenses yourself if another party was responsible. In addition, the law imposes deadlines on the amount of time you have to bring a legal claim for compensation after an accident. Don’t delay, contact an attorney as soon as possible to ensure you don’t jeopardize your important legal rights.

We can help in the following ways, among others:

Gathering evidence that someone else was liable for your accident
Collecting your bills and calculating your past and future losses, including non-economic losses
Filing the necessary insurance claims with supporting evidence
Handling all communications with insurance adjusters
Negotiating the highest possible settlement for your broken bone
Filing a personal injury lawsuit when necessary to seek full compensation
Handling all litigation matters, including ongoing settlement negotiations or even a trial

There is no need to add the stress of financial losses or injury claims to an already stressful situation. Instead, allow our personal injury attorneys to take over this process for you.

Contact a Personal Injury Lawyer at Abels & Annes, P.C.

If you have been injured in an accident, you should consult an experienced personal injury attorney to protect your rights. The attorneys of Abels & Annes are here to help you following an accident. You can reach us at (312) 924-7575 or through our website.

Is New Technology Making Distracted Driving Worse?

Posted: November 22, 2022

There is no disputing that distracted driving is extremely dangerous and causes many serious accidents and injuries. With bigger and better technologies coming out, including smartphones, tablets, and other electronic gadgets, it is extremely easy for a driver to become distracted while behind the wheel.

A distracted driver fails to watch the road attentively. When a driver takes their eyes off the road, even for one or two seconds, it can limit their reaction time significantly and prevent them from responding quickly to an emergency situation that arises on the road. As a result, they may inadvertently cause an accident that leaves others injured.

If you suffered injuries in a car crash that a distracted driver caused, you have legal options available to you. First, you may be eligible to file a personal injury claim with the at-fault driver’s insurer. If the insurer refuses to compensate you fairly, you can file a personal injury lawsuit for damages in court.

In addition to seeking prompt medical treatment after a distracted driving car accident, you should retain an experienced car accident attorney to represent you throughout the claims filing and litigation processes. Your lawyer can file a claim on your behalf with the appropriate insurance company, negotiate with the settlement adjuster on your behalf, and, if necessary, pursue litigation in the court system.

Your lawyer can help you maximize your damages by highlighting the strengths of your case, downplaying any weaknesses, and aggressively advocating for your legal interests throughout the case.

The Effects of Smartphones on Distracted Driving

Nearly everyone today owns a smartphone and other electronic devices. Smartphones have ever-increasing apps that individuals may download to make their lives easier—and keep themselves informed. Those conveniences include GPS navigation systems, games, movies, and remote meeting capabilities.

In many ways, these new smart devices are both a blessing and a curse. They are a blessing in that they improve people’s lives and offer them many conveniences. However, they are a curse when they distract drivers and divert their attention away from the road.

Notifications on smartphones and other devices are especially problematic concerning motor vehicle operation. Devices frequently vibrate or emit a sound when a user has a notification, such as a text message, email, or telephone call. These notifications often tempt drivers to check their devices immediately—even in heavy traffic. This may cause a driver to look down or turn their head to the side, missing an oncoming vehicle or nearby pedestrian.

Dangers of Distracted Driving

Distracted driving is an extremely dangerous activity that causes motor vehicle accidents every day. When a driver gets behind the wheel, they have a duty to watch the road attentively and become fully engaged in their driving. This obviously includes watching the road in front of them and scanning rearview and side view mirrors regularly to check for oncoming vehicles.

According to information from the National Highway Traffic Safety Administration (NHTSA), several types of distractions may occur in vehicles. These distractions include cognitive distractions, manual distractions, and visual distractions.

A cognitive distraction causes a person’s mind to wander, preventing them from becoming fully engaged in their driving. On the other hand, a manual distraction causes a driver to take their hands off the steering wheel, such as when they reach for something in the backseat. Finally, a visual distraction causes a driver to take their eyes off the road and look at something else.

One of the worst distractions for drivers is texting. That is because when a driver sends, receives, or reads a text message, they engage in all three types of distracted driving behaviors.

Why Texting and Driving Is so Dangerous

Texting and driving is an extremely dangerous activity and significantly increases a driver’s chances of causing an accident. Statistically, when a driver sends or receives a text message, they must take their eyes off the road for at least five seconds. In those five seconds, many things can happen. A pedestrian can wander into a nearby crosswalk, or a motor vehicle may approach, unbeknownst to the texting driver.

Moreover, when an individual sends a text message while traveling at a speed of 55 miles per hour, that is the equivalent of taking their eyes off the road for the entire length of a football field.

Moreover, when an individual sends a text message while driving, their chances of causing a motor vehicle crash increase 23-fold. If they dial a phone number while operating their vehicle, they are three times more likely to cause an accident. Likewise, drivers who talk to someone on a smartphone while driving are 33 percent more likely to cause a motor vehicle accident.

Using a cell phone while driving causes approximately 1.6 million motor vehicle accidents across the country each year. Of those accidents, approximately 390,000 people suffer injuries due to smartphone use while driving. Approximately 25 percent of these accidents result from texting and driving. In fact, texting while driving is even more serious than operating a motor vehicle while under the influence of drugs or alcohol due to the driver’s lack of focus and concentration.

Texting while driving is also common among teenagers who are well-versed in smartphone technology. Whenever a teen driver texts and drives, they are one-tenth more likely to veer out of their travel lane on a multi-lane highway. Moreover, 94 percent of teenage drivers believe texting while driving is dangerous. However, 35 percent of teenagers admit to violating the law by texting and driving. Finally, approximately 50 percent of teens think they have a problem with smartphone addiction, meaning that they constantly look at their cellular devices—even while driving.

Why Do People Use Smartphones While They Drive?

Whenever a driver gets behind the wheel and texts, they put their own life—and the lives of other drivers and passengers—at serious risk.

There are several reasons why individuals use smartphones while driving. In one sense, smartphones have developed as extensions of individuals. People essentially keep their lives on their smartphones and use them for many essential aspects of daily life. However, when drivers get behind the wheel, they must resist the temptation to constantly look at—and listen to—their smart devices.

Some of the most common reasons individuals use smartphones while driving are to look for directions, scroll social media, reply to messages, find a music playlist, and entertain themselves.

First, many individuals use map apps on their smart devices for directional purposes. Although you can use a GPS navigation app to find your destination, you should not be programming your device while driving—or constantly looking at your phone. If you need to look at the directions or reprogram the phone, you should pull off to the side of the road. You can also use hands-free voice commands as a way of programming directions into your device.

Likewise, some drivers use their smartphones while driving to scroll social media sites like Facebook, Twitter, and Instagram. However, looking at social media while driving is extremely dangerous because it completely takes a driver’s eyes off the road, potentially causing them to miss a nearby pedestrian or vehicle.

Drivers may also use their phones for text messages and emails. When they receive a notification, they often have the temptation to check their device right away and even send a reply. Again, these activities may take their eyes completely off the road, causing a serious crash.

Drivers also frequently use their smartphones for entertainment, such as listening to music and watching movies. Although listening to music while driving is generally okay, drivers should not increase the music volume to such a level that it becomes distracting. They should also refrain from searching for music selections and playlists while operating their vehicle. Watching movies, on the other hand, is extremely dangerous because of the visual distraction. Drivers should also refrain from playing games on their mobile app devices while driving—and even while stopped at a red traffic light.

Laws Regarding Distracted Driving

Under current laws, drivers may not use handheld electronic communication devices like smartphones while driving their vehicles. If a driver is at least 19 years of age, they may use hands-free technology, such as Bluetooth, to access the features on their mobile devices. However, the law still discourages this practice. That is because even if a driver does not use their hands to dial a number or answer a telephone call, they may still experience a cognitive distraction, diverting their attention away from the road.

In certain limited exceptions, a driver can use a smartphone that does not have hands-free technology. Those exceptions include while they are parked on the shoulder of a road, when reporting an emergency situation, and when a normal roadway obstruction stops traffic—and the vehicle’s gear is either in park or neutral.

New Vehicle Technology

New technologies on vehicles have helped keep distracted driving at bay. Although using an electronic device hands-free is safer, the law still discourages it. However, some technological advances do help to prevent distractions. Those devices include phone safety features, parking assist features, lane departure systems, forward collision warnings, built-in GPS devices, backup cameras, pedestrian detection, lane departure assist, heads-up dashboard displays, cameras in the cabin, and blind spot sensors.

Smartphone technology has also improved to help prevent distracted driving. For example, the new iPhone X will likely include a “do not disturb while driving option.” When a user activates this option and the phone determines that the driver is operating their vehicle, it will mute all incoming notifications. This will help to prevent drivers from becoming distracted while behind the wheel.

Moreover, companies are currently developing various apps that will help protect against distracted driving. When a user activates one or more of these apps, the app will prevent the phone from doing certain activities while the car is in motion.

For example, the lifesaver app prevents text notifications from coming through when a driver is behind the wheel. The “drive safe” app works similarly, and it blocks all incoming text messages and phone calls, allowing a driver to keep their eyes on the road. Moreover, a driver may utilize the emergency mode feature on this app in the event an individual calls several times in a row.

Finally, Drivesafe.ly announces a caller’s name so that you have the opportunity to answer the call hands-free while you operate your vehicle. Moreover, it will read an email or text message aloud if you ask it to do so. A user may also set the app to auto-reply.

All of these features help to keep a driver’s attention on the road and help prevent ongoing distractions and potential car crashes.

Injuries and Damages in a Distracted Driving Accident

Distracted driving can cause very serious accidents, which in turn leave others severely injured. Accident victims may incur mounting medical bills and may need to miss time from work to recover from their injuries.

The injuries that a distracted driving accident victim suffers will depend upon various factors, including the type of accident that occurs. Distracted drivers may cause rear-end collisions, broadside collisions, sideswipe accidents, or head-on crashes. Another factor that determines the extent of an accident victim’s injuries is the force of the collision.

Common car accident injuries include broken bones, traumatic head and brain injuries, cuts, bruises, abrasions, internal organ damage, soft tissue contusions, spinal cord injuries, and paralysis.

Distracted driving is a common cause of car accident injuries that can be avoided by taking simple steps

We all know that distracted driving is dangerous. Technology, however, just keeps producing better and better distractions—often in the form of ever-more interactive smartphones and tablets—for today’s drivers. When you hit the road, always make safety your top priority by diligently avoiding distracted driving and by being alert to those distracted drivers with whom you might share the road.

New Technology Has Changed the Way We Live Our Lives

Smartphones and the ever-growing list of apps available on them have changed the way we live our lives. In some cases, technology has changed things for the better. In other cases, technology has made our lives more dangerous.

One of the reasons that new technologies have made our lives more dangerous is the number of distracted drivers on the road.

Just about everyone has a smartphone. And we are using them for nearly everything. For those of us that can’t find our own driveway sometimes, GPS apps are a lifesaver. Introverts have found the ability to read on their phone in place of small talk a source of comfort. Gamers can finally leave the house but bring with them their entertainment. And workaholics can check their email, send documents, and engage in meetings on the go.

This ability to do anything at any time is both a blessing and a curse. It has changed the way we live our lives for better or worse. But one area that is unquestionably worse is the number of people who think it is okay to operate a multiple ton steel machine without looking at where they are going.

The fact is, our phones and other technology tools are only going to become a bigger part of our lives. But our willingness to use them while driving needs to be dropped from our list of new habits or else we will see a huge increase in car accidents in our collective future.

Why Distracted Driving is a Dangerous Habit

A distracted driver cannot pay full attention to the driving task at hand. Dangerous situations on the road can arise in the blink of an eye, and if drivers are not fully engaged, the results can be tragic. The National Highway Traffic Safety Administration (NHTSA) finds that distracted drivers allow their attention to become engaged in any activity other than driving. The NHTSA divides these distractions into:

Visual distractions – Visual distractions require us to look at them.
Manual distractions – Manual distractions require the use of our hands.
Cognitive distractions – Cognitive distractions require us to use our minds.

Texting represents the mother of all distractions because it engages all three distraction classifications at once. In fact, texting while driving is considered the most dangerous form of distracted driving. Technology, therefore, has significantly contributed to distracted driving.

Distracted Driving Statistics: Why You Shouldn’t Text and Drive

The sobering statistics associated with texting and driving are worth noting:

When drivers text, their attention veers away from the road for at least five seconds.
If a person is traveling at 55 miles per hour while they text, their attention is off the road for the full length of a football field.
When someone texts and drives, their odds of being involved in a car accident are multiplied by 23.
When they dial while driving, their odds of being involved in a car crash multiply by three.
If a driver chats on a smartphone while they drive, their odds of being involved in a car accident are elevated by about a third.
Cell phone use while driving leads to 1.6 million crashes each year.
390,000 people are injured each year due to using a phone while driving.
1 out of 4 accidents in the U.S. are caused by texting and driving.
94% of drivers support a ban on texting while driving.
1 out of 20 drivers are on their phone right now.
Texting while driving is more dangerous than driving while under the influence of alcohol. You are 6 times more likely to be in a motor vehicle crash while texting and driving versus being intoxicated.
3,477 people died in 2015 because of texting or talking on the phone while driving.
Different states have different fees for texting while driving, with the low being only $25 (Louisiana, Alabama, Georgia, West Virginia, Kentucky, New Mexico) and the high being $750 (Utah). Some states, like Arizona and Minnesota, still don’t have a ban on texting and driving.

Statistics on Teenage Distracted Driving

Teenagers who mix texting and driving veer out of their own lane about a tenth of the time.
94% of teen drivers acknowledge that texting while driving is dangerous. But 35% admit to doing it anyway.
50% of teenagers believe that they have a smartphone addiction problem. 72% of teens feel pressured to respond right away to texts they receive, even if they are driving.

These statistics are a stark reminder that it’s always best to drive phone-free, because engaging with your smartphone or tablet while driving endangers everyone on the road. Arriving alive should always be your goal, and eliminating distractions while driving can help you get there. This does not mean, however, that you can stop other drivers from using technology while driving—and putting your life at risk.

Why Phones Are So Distracting For Drivers

The meteoric rise of smartphones has left drivers with little time to fully comprehend just how dangerous mixing driving and smartphones can be. In fact, technology has evolved in such a way that smartphones have become so much more than just phones.

Many people have begun to think of their phones as personal extensions of themselves— but this can lead to bad choices when driving is added to the equation. No matter what you are doing, your phone takes your attention away from the road—where it should be. Such distractions make it that much easier to miss the warning signs of impending danger on the road, like crossing pedestrians, hard to see motorcyclists, and other dangerous drivers.

Below are six of the most common reasons people are distracted by technology while driving. And the scary part is, almost all of them require all three types of distractions: visual, manual, and cognitive.

Looking for Directions

Looking for directions while driving is a common reason for a person to be distracted. Obviously, you may need to use your phone’s GPS app while you’re driving to find your destination. But where the danger comes in is when you type or search for a location while operating your car. If you need to search for directions, find a safe place to pull over and set your GPS before you get back on the road. If you can use hands-free voice commands, that’s one way to keep your hands on the steering wheel and your eyes on the road.

Finding Your Favorite Playlist

Finding something to listen to on Spotify, Apple Music, Google Podcasts, or any other platform is a task you should complete before you begin moving. With the increased popularity of long-form podcasts and playlists, changing songs or stations has become less of a problem. But searching for any type of media while driving is extremely dangerous.

Scrolling Social Media

As we all have become more involved with social media for personal and professional uses, checking social media while driving has become more common. The solution to this problem is a no-brainer. Social media is extremely distracting and should never be used while behind the wheel.

Using Phone for Entertainment

With so many different forms of entertainment available, it’s almost like we can’t go 15 minutes without needing to be entertained. With short-form video apps like TikTok and games that can be played in spurts, more people feel comfortable participating in these activities while driving even though it’s extremely dangerous.

Looking Down at Smartwatch

Smartwatches allow wearers to get text and email notifications, read and respond to messages, send reminders, schedule a meeting, answer incoming calls, play music, and set a GPS location—all from their wrist. With so many functions and so many more people adopting wearable technology, it’s clear how smartwatches can be a huge distraction.

Replying Right Now

The pressure to respond to a message right away is definitely something we all battle. We’re always expected to be reachable–by family, friends, or clients. This artificial urgency to respond right away is a major factor in why people decide to use their phone while driving.

Illinois Law and Distracted Driving

Illinois law prohibits the use of handheld electronic communication devices, including smartphones, while operating motor vehicles. If you are 19 or older, you may implement hands-free technology to access your device, but even this is discouraged. Illinois considers hands-free technology a driving distraction that can prove dangerous and encourages drivers who must make calls to pull safely off the road before doing so. There are only three occasions in which it is legal for a driver to use a smartphone that’s not hands-free:

To report an emergency on the road
While parked on the roadway’s shoulder
When traffic is stopped due to a normal roadway obstruction and the vehicle is in either neutral or park

Technology Making Cars Safer

While technology has certainly played a significant role in the rise in distracted driving, it can also help mitigate distracted driving. Hands-free technologies are one such example. Hands-free interaction is considered safer, but phone calls—in and of themselves—are distracting whether hands-free or not. There are, however, other technological advances that can help mitigate distractions, including:

360-degree camera
Adaptive cruise control
Adaptive headlights
Automatic braking systems
Backup cameras
Blind spot sensors
Built-in GPS
Cabin camera
Forward collision warning
Heads-up display
Lane departure warning systems
Lane keeping assist
Parking assist
Pedestrian detection
Phone safe features

These technological advances, along with other innovations, can help drivers perform important driving functions while helping to keep them on task.

The Evolution of Smartphone Technology

Because smartphones are among the most dangerous distractions for drivers, phone developers are working to address this important issue and mitigate their bad reputations. The new iPhone X, for instance, is poised to include a Do Not Disturb While Driving mode, which is an option that drivers can choose and that will help allay the phone’s distraction level.

One complication, however, is that once the safety feature is activated, the phone proceeds to determine when you are driving—and driving is difficult to distinguish from riding. Once the phone does determine that you’re driving, it will automatically mute your phone to distracting notifications. In addition, your favorite contacts will receive an automated I’m driving response if they attempt to contact you while you’re behind the wheel. The distractions of technology aren’t going away anytime soon, but technology can help implement important mechanisms for mitigating these distractions.

Apps that Help Prevent Distracted Driving

There are many apps on the market that are designed to limit drivers from texting while driving. These apps work by preventing your phone from performing certain functions while your car is moving.

LifeSaver blocks text notifications while you drive and disables other features (like access to email and camera) while your car is in motion.

Drive Safe works in a similar way, blocking all calls and texts so you can stay focused on driving. This app has some great extra features like ‘emergency mode,’ which allows a call to come through if you’re called multiple times in a row.

Drivesafe.ly doesn’t block calls or texts. Instead, it announces callers by name so you can answer hands-free. It also reads text messages and emails aloud if you ask it to. It can also be set to auto-reply. That way, the caller or texter gets an automated message saying you’re driving and will call them back shortly.

In addition to these apps, most new phones are starting to come with these features built-in. These kinds of features are going to be critical in the future as new technologies are only increasing the number of ways we can find ourselves distracted behind the wheel.

Call a Knowledgeable Car Accident Attorney Today

If a distracted driver’s negligence caused injury to you or someone you care about, you don’t have to face this difficult time alone. The Chicago personal injury lawyers at Abels & Annes are here to help. We handle the entire injury claim process. From negotiating with claims adjusters to rejecting any lowball offers, our main goal is to advocate for you to get a fair settlement amount.

We have the skill, knowledge, and dedication to help you navigate the often-confusing path toward just compensation. Your case and your rights are too important to leave to chance. If you’ve been injured by a distracted driver, please don’t hesitate to contact or call our office at (312) 924-7575 for a free consultation today.

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100 N LaSalle St #1710
Chicago, IL 60602

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PTSD Can Develop After a Serious Accident

Posted: November 13, 2022

PTSD After an Accident

PTSD is closely associated with the military, but other traumatic incidents, such as car accidents, can cause the disorder. It is treatable, and with a lawyer’s help, you can obtain compensation for the condition. Thus, after a severe accident, discuss your mental state with a medical or psychological professional and a personal injury lawyer.

What is post-traumatic stress disorder?

PTSD is a psychological condition that affects people who experience or witness a terrifying event like a rollover bus accident. There is some commonality across all cases, which is a trigger that causes fear and stress. The condition is an anxiety disorder that tricks the brain into being in constant fight or flight mode. You will have an adrenaline-fueled reaction to an event that does not pose a risk. While fight or flight is beneficial when facing a risk, it is not when there is no risk present.

What Are The Symptoms of PTSD

Physical injuries appear immediately after an accident or a few days later. The symptoms of PTSD can appear months or years after the event and look different for those suffering from the condition. If you experience symptoms of PTSD, speak with a doctor for an accurate diagnosis and to begin treatment.

PTSD symptoms can take a huge toll on your life. All of the following can cause pain, suffering, and inconvenience that affect your work and personal enjoyment. You can seek compensation for your intangible losses if your PTSD caused any of the following issues, among many others.

Avoidance

Victims avoid talking or thinking about the event and even avoid people and places. The avoidance becomes so bad that people with PTSD become reclusive and lose out on friendships, relationships, and life experiences. Some people become so avoidant they develop extreme anxiety, social phobia, and panic.

Mood changes

You will also experience hopelessness, guilt, numbness, negativity, and shame. They will present as mood shifts; you might not attribute them to the accident, but they are. Often those around you will notice the change in your moods more than you will, especially since they have an objective view.

Intrusive memories

A trigger can be a specific time of year, a location, or something else that brings anxiety about the event. People living with PTSD will have intrusive memories, nightmares, and thoughts. It will often appear as replays of the accident. These intrusive memories can come seemingly out of nowhere, but there is always a reason.

Behavior changes

A prevalent behavioral change among PTSD is hyper-arousal. Paranoia, difficulty concentrating, irritability, quick temper, constant alertness, and sleep disturbance appears.

Anger

Individuals will feel anger directly related to the accident or just anger in general. Individuals will lash out or show anger when they experience a trigger.

Flashbacks

Thinking about the accident over and over can cause victims to put themselves back in the moment of the accident. Instead of replaying the accident, they are reliving it. You will visualize, hear, smell and even touch as if you were back on the scene. Flashbacks come when a trigger brings a person back to the accident, l

Depression

Depression comes in many forms, and when it begins to interfere with the normal daily function of an individual, it is time to get professional help. It can simply be depression, but it can also be a symptom of PTSD.

Anxiety

Anxiety and depression can coexist in accident victims, and anxiety will make it difficult to get into a vehicle. You will find it difficult to drive past the location of the accident and become anxious in unfamiliar situations. You will also experience overall anxiety that has no relation to the accident.

Isolation

Isolation happens when victims do not feel like others understand or support them. They also do not want to burden anyone else with their problems and prefer to withdraw. Everyone copes differently with a traumatic experience, and while some look for support, others begin to isolate themselves.

Trouble sleeping

Your sleep schedule will change drastically when you have PTSD; you will sleep too much. Victims will use sleep to avoid problems and anything that can trigger feelings about the accident. Nightmares are prevalent, and you can have trouble falling asleep.

Concentration issues

You will find it difficult to concentrate on even the most mundane tasks like household chores, work will not get done, and your mind will wander back to the accident. You will also find it challenging to concentrate on things that once brought you joy, like movies, games, music, and hobbies.

Startling easily

Individuals with PTSD will always be on high alert, especially when driving. You will slam on the brakes or jump when someone walks behind you for a minor road problem. Remember, startling happens more easily when you react to things you did not do before the accident.

Hyper-vigilance

Your driving habits will drastically change; you will become more aware of your surroundings and prepare for an impact when you see a vehicle approaching a stop sign. PTSD will cause you to take it a step further by paying attention to everything around you, not just the cars, and you will see increased jumpiness. When you are not driving, you will want to sit in the front passenger seat to see the road ahead. Even when you go out, you will want to sit with your back against the wall so you can observe everything around you.

Fatigue

Sleeping driver accident Recovering from an injury is challenging and exhausting, which leads to fatigue. You will need more rest than before and begin to avoid activities that consume your energy. Coupling that with the mental anguish you suffer will be in a constant state of exhaustion.

Suicidal thoughts

Car accident victims will feel they have no place in the world and contemplate suicide. If they have a condition that requires assistance, they will begin to feel like a burden to their family and loved ones, and the world is better off without them. None of this is true, but PTSD will trick individuals into believing it is, and it is lifesaving to get help.

Grocery stores have items that we all need to live: food. So it is a place that everyone will visit at some point for essentials. Since there is so much traffic and a lot of commotion, it is easy for employees to ignore or miss out on dangerous conditions. Understaffing and other scheduling issues are also reasons why dangerous conditions go unnoticed and unresolved.

Risk factors For PTSD after an Accident

Feeling uneasy and shaken up is a typical reaction from a car accident; some risk factors can increase your chances of developing PTSD. Remember, anyone can have PTSD, regardless of risk factors. Having a support system after a traumatic event is essential, and when you do not have enough support, it can worsen your mental condition.

One critical risk factor is having experienced a previous traumatic event, whether another car accident or something else. Pertaining to the accident, if it was severe or life-threatening injuries, it can also be indicative of developing an anxiety disorder. If you have underlying depression or another mental illness, that can also increase your risk of developing PTSD.

Suppose there is a family history of psychopathology; it can also increase your risk of PTSD after a severe car accident. If you feel dissociation immediately after the event, that can be the first sign that you will develop PTSD or other mental health conditions. While more severe accidents can be indicators of mental health conditions developing, it will depend on the individual and their reaction to the incident.

What are normal feelings after an accident?

After an accident, you will feel anger, shock, nervousness, guilt, and fear. You will also be unable to stop thinking about the accident. A red flag is when the feelings do not go away or become stronger. If they become so strong, they do not let you live your life; you need medical intervention.

You must contact your doctor if you do not begin to feel better over time, have difficulty sleeping or eating, and are relying on drugs or alcohol to cope with your feelings. If your feelings disrupt your daily activities, it is a clear sign that something is wrong and you need professional help.

What to ask your doctor?

When you see your primary physician, you must describe all your symptoms and discuss whether you have PTSD and what treatment options are available.

When experiencing PTSD, you should ask some questions to clarify the prognosis.

Will it ever go away?
What are my treatment options?
Are these feelings normal?
Should I see a counselor or psychologist?
When will I feel better?
Is it possible it is another mental health condition?
Can I take medicine to feel better?

Speaking with your primary doctor is the best time to ask questions and quell some fears. You might have felt hopeless up to this point, but getting answers will give you some hope. It will also help you determine what the rest of your life will look like since some conditions will resolve quickly, and others can stay for the long term.

Children and PTSD

Adults and children will have different symptoms of PTSD. While adults have intrusive thoughts and nightmares, children will show the trauma in other ways. Children will find it challenging to verbally express their emotions and instead express their fears through play.

When children have nightmares, they will dream of monsters and danger, but it will not be specific to the traumatic event. Since the child cannot express their ailments, parents and teachers need to be aware that there is something wrong with mood changes, avoidance, hyper-arousal, and other signs.

Treatment options

Chicago Personal Injury Lawyer Gary Annes — Chicago Personal Injury Lawyer, Gary Annes

Treatment options are available but will vary because symptoms vary for every individual. PTSD can result in one or two symptoms, but severe PTSD can combine serious symptoms like paranoid ideation, hallucinations, and thoughts of self-harm. Severe PTSD is rare and can develop over time, especially without treatment. Symptoms can evolve as time passes, and while you had one symptom in the beginning, you might begin to see more later on.

Cognitive processing therapy identifies negative thoughts and feelings and helps individuals change these thoughts from negative to positive. You can even eliminate the feelings. You will slowly change your emotions, and through therapy, you will find the root cause, which brings a better understanding.

Prolonged exposure therapy is when a therapist safely brings up the events, which will help decrease your symptoms over time. Therapists will also help you see the accident differently and change your perspective. There is one on one therapy and group therapy sessions that can help individuals during this difficult time.

Medication is not a cure for PTSD, but it can stabilize the person while they get other treatment. The proper medication will help you sleep and decrease depression symptoms, but it does not cure the underlying issue. It is a short-term solution. The goal is to reduce the medication over time while you improve through other treatment options.

Animal therapy is a newer method to help people cope with mental conditions. Many patients find it easier to confide in an animal or are calmer during therapy sessions when an animal is present. Service animals obtain special training to warn victims of an oncoming flashback or anxiety attack. They also incentivize you to get out of bed and go outside.

How long does PTSD last?

It will all depend on your circumstances; some victims suffer PTSD for a few weeks, while others for years. Disability and death in an accident can prolong the symptoms and severity of your PTSD. You can experience a decrease in symptoms over time but still have PTSD. It will all vary depending on your accident, treatment, and support.

PTSD after a car accident

Post Traumatic stress disorder is common among car accident victims, even if the media and general public are unaware of it. Many victims do not get the psychological help they need because they believe these are normal reactions after their experience. The reality is PTSD is a real condition, and while some reactions are “normal” after a car accident, PTSD is not one and requires treatment.

Proving psychological injuries

You will need to have a medical professional diagnose you with PTSD. You will then need to connect the PTSD to the car accident and show how it negatively impacts your life. You will need to speak with a personal injury lawyer to discuss how your condition affects your case.

Psychological trauma does not have a tangible number in a car accident claim, but you can recover compensation. Many factors will affect your PTSD damages claim, including your individual experience, the insurance adjuster, the lawyer, and the court.

All parties must consider the severity of the physical accident-related injuries. Whether there was a fatality, they will also need to look at your prognosis, likelihood of recovery, and future medical treatment. Your lawyer will also consider any money you have already spent treating your PTSD, and try to pursue compensation to pay for it.

Was Your Child Injured at Daycare?

Posted: August 29, 2019

Thousands of parents in the Chicago area drop their child off at daycare in the mornings before work. While they are away, parents trust their chosen daycare facility with their child’s safety and well-being. Parents carefully select daycare facilities, and whether your child goes to a private home or a school environment, you should expect that your child will receive proper care. After all, children cannot protect themselves from harm during daycare. Few things can be as frightening as a call from a daycare informing you that your child has been injured.

While daycares must abide by strict regulations in order to be licensed in Illinois and should be monitored by the Illinois Department of Children and Family Services (DCFS), accidents and injuries still happen at daycare facilities on a regular basis in the Chicago area.

Sometimes, the injury is purely accidental—your child simply lost balance and fell down. However, in other cases, you may suspect that your child’s daycare could have prevented the injury—and the injury was actually due to the daycare’s carelessness. In this situation, you should always discuss your concerns with an experienced lawyer who can evaluate the situation.

If your child has been injured, do not wait to call our dedicated personal injury law firm for help today.

Negligence and Causes of Injuries at a Daycare

Because children are so vulnerable, daycares are held to high standards when it comes to providing proper care. Illinois has specific guidelines and requirements for child care licensing, and every daycare is expected to adhere to these standards. Unfortunately, government regulators cannot continuously monitor all daycares for compliance, and many violate the rules, which can result in injuries.

When a daycare fails to meet the required standard of care and injures a child as a result, the daycare can face liability for negligence and any losses stemming from the injury. Negligence can occur in many different ways and result in many types of daycare accidents. Even minor mishaps—harmless in other situations—can cause life-threatening injuries at a daycare.

Examples of negligence that may cause daycare accidents and injuries include:

Inadequate Supervision

Inadequate supervision of the children, whether due to an understaffed facility or a staff that simply may not pay proper attention to the children, is a primary cause of daycare accidents. When a daycare leaves a small child unsupervised, the resulting accidents can include:

Falls
Children injuring each other
Obtaining and using items that can harm them
Swallowing items and choking
Falling in pools, tubs, or other water hazards
Wandering off from the premises
Eating things they shouldn’t due to allergies

One reason you entrust your child to a particular daycare is so someone can supervise and watch your child while you cannot. If a daycare fails to provide the necessary level of attention to your child and an injury results, you may have a claim for negligent supervision.

Dangerous Premises

Sometimes, daycare injuries occur because the staff doesn’t keep the facility in a safe condition for the children. Anyone with small children knows to keep them away from dangerous items and not to give them access to cabinets, closets, or areas that may store dangerous items. Many daycare injuries can result if children are able to reach the following items:

Household cleaners
Chemicals
Knives, razors, or other sharp objects
Plastic bags or anything that can suffocate them
Appliances
Matches
Hot objects

The above is far from an exhaustive list of items that, if they are not properly stowed safely away, can cause injuries to children.

In addition, facilities in states of disrepair can violate safety standards and result in injuries. Children may become ill or injured from exposure to toxic chemicals, mold, or other dangerous building conditions. Children can contract serious infections, rashes, and other illnesses due to exposure to unsanitary facilities. Unfortunately, many of these dangerous conditions are not obviously apparent to parents who drop off and pick up their children.

Many daycares also have playground equipment or even swimming pools with which to entertain children. When facilities do not maintain playground equipment or it fails to meet safety regulations, they put children in extreme danger. In addition, swimming pool areas must meet certain specifications, and if they fail to do so, daycares can create dangerous and fatal hazards for children. Many hazards on a daycare’s premises can cause injuries, and our attorneys can evaluate whether your child’s injury was caused by such negligence.

Inadequate Security

Having a stranger harm your child is almost every parent’s worst nightmare. Daycares should have proper policies and procedures in place to ensure that no one has access to a child without the necessary permission. If a daycare has inadequate security, someone who is allowed to wander into the facility can physically assault, sexually assault, or kidnap children.

Neglect and Abuse

While negligence on the part of the staff or owner of the facility causes many daycare injuries, intentional actions produce others. Sometimes, staff members know they provide subpar care or may even lose their patience and hurt children on purpose. Examples of daycare neglect and abuse include:

Not providing adequate food and water
Failing to change diapers or allowing children to remain soiled
Not attending to injured or ill children
Isolating or restraining children
Physically harming children
Emotionally abusing children
Sexually abusing children

You should never expect that a daycare or its staff will intentionally neglect or abuse your child, but these cases do happen. Some signs of such misconduct can include any injuries to your child that you cannot explain, repeated injuries in various stages of recovery, changes in personality or behavior, and much more.

Common Daycare Accidents and Injuries

Children can be involved in many types of accidents or incidents that cause serious injuries at daycare. Some common accidents include the following:

Falls
Being dropped
Playground accidents
Fights with other children
Choking on toys or food
Wandering outside the daycare—possibly near a street
Abuse by daycare providers
Abuse or injuries caused by outside parties
Swimming pool or other drowning accidents

Some of the above accidents may result in cuts, bruises, or relatively minor injuries. Others, however, can cause severe physical and emotional damage to your child. In any event, daycare injuries cost money to treat properly and many parents want to know whether they can hold a daycare liable for their child’s injuries. In addition, many parents are understandably angry when a daycare is negligent and want to seek justice for the harm done to their child.

Who Is Responsible for Your Child’s Injury?

Every parent knows that children can be clumsy and precocious. Even the most vigilant and responsible parents still have dealt with accidents and injuries to their child at home. Sometimes, when a child is injured at daycare, it is not anyone else’s fault and is simply a result of a child’s own behavior.

However, in other situations, children are injured because the daycare was negligent in some manner. To prove negligence, you must demonstrate that the daycare breached the duty of care it owed to your child and that the breach caused your child’s injuries. Some examples of daycare negligence are as follows:

Not properly supervising a child when needed
Allowing access to toys or objects that are inappropriate for a child’s age
Having conditions at the facility that do not meet minimum standards for health and safety
Having inadequate security to keep out potentially harmful adults
Having staff who abuse or assault children
Having dangerous pools, playgrounds, or other equipment
Improperly storing food, causing illness
Maintaining unsanitary conditions

Contact Our Chicago Premises Liability Attorneys for Help Today

No child should suffer preventable injuries at daycare, and no parent should have to witness a child in pain or bear the cost of treating such injuries. The attorneys at Abels & Annes in Chicago understand the seriousness of injury cases involving children, and we are fully dedicated to our clients.

If you believe your child’s daycare was negligent and your child was injured as a result, your first call should be to the law firm of Abels & Annes. If you have a case, we will fight for your right to hold the daycare liable for its negligence and your losses, so please call our Chicago personal injury lawyers at 312-924-7575 for more information.

Who Was at Fault for Your Road Work Zone Crash?

Posted: August 31, 2018

Road construction seems to be never-ending in Chicago. Both the Chicago Department of Transportation (CDOT) and the Illinois Department of Transportation (IDOT) have a constant stream of projects on roads and highways around the city, especially during the warmer months. Road work can cause delays and frustration among drivers, especially due to lane closures. However, this work is necessary to ensure our streets are as safe and efficient as possible for all Chicago motorists.

While road construction happens to keep us safe, road work zones are also common locations for traffic accidents. Cars can crash into one another or into members of a construction crew, and serious injuries may result. Despite increased penalties for traffic violations in work zones, as well as safety initiatives for the public, road work zone accidents continue to occur with surprising frequency. In fact, according to IDOT, 6,741 work zone crashes took place in the state of Illinois during 2016, the most recent year for which data is available. That comes out to an average of nearly 18.5 construction zone accidents per day!

At Abels & Annes, P.C., we are committed to representing the rights of people injured in construction zone accidents. To schedule a free consultation with a Chicago personal injury attorney, call our office today at 312-924-7575 or contact us online.

Various Parties Can Cause Serious Motor Vehicle Accidents in Illinois Construction Zones

In any injury case, it is necessary to identify which specific party or parties caused your accident. Motorists can file claims against various parties, which may include:

Other motorists – The negligence of other motorists causes a significant percentage of construction zone accidents. When drivers are driving in narrow lanes and in close proximity to other vehicles, small mistakes can cause disastrous results. Some examples of negligent driver conduct that can cause serious accidents in construction zones include texting, speeding, following too closely, and making improper lane changes.
Construction crew workers – Sometimes, the negligence of the crew working the site is responsible for accidents that occur in construction zones. Issues like failing to display adequate signage, misplacing cones or barrels, performing shoddy work, leaving materials in the road, working while under the influence of drugs or alcohol, or negligently operating machinery can cause serious, injury-causing motor vehicle accidents.
State agencies – Many construction crews work directly for CDOT or IDOT, making the city or state agency responsible for the negligence of workers. In addition, if the city or state improperly plans or executes a project, the agency itself may be negligent. These cases often require the analysis of construction experts who can assess whether negligence caused your accident.

Importantly, if your accident occurred due to the negligence of a construction crew employed by a state agency or a state agency itself, you may have to bring your claim under the Illinois Court of Claims Act. This law allows individuals to bring claims against the government, but places certain limits on the amount of time victims have to file a claim and the amount of compensation they can ultimately recover. For this reason, if you have any suspicion that your claim will be against the government or a construction company hired by the government, you should speak with an attorney immediately.

Injuries to Construction Workers

Occupants of cars are far from the only people who may suffer severe injuries in work zone crashes. In many situations, a driver may collide with a construction worker standing in or near the road. Illinois has many laws aimed at keeping workers safe, such as increased fines for speeding or cell phone use. However, drivers may make mistakes or may choose to disregard the safety of workers, resulting in an accident.

Many negligent or reckless acts can result in a construction worker getting hit by a car. Such acts may include:

Distracted driving
Impaired driving
Speeding
Dangerous lane changes
Failing to adhere to signs and traffic direction
Aggressive driving

Construction can slow traffic, which can make it tempting for drivers to look at their phones. In addition, delays can frustrate drivers, which can escalate into aggression or even road rage.

As with any pedestrian accident, construction workers can suffer life-altering injuries if they get hit by a car. Even with safety gear, the impact of a collision can cause a wide range of traumatic injuries, including spinal cord injuries and shattered bones. Even with a hard hat, a construction worker can still suffer head trauma, skull fractures, and traumatic brain injuries. The losses associated with such catastrophic injuries can be astounding and can include:

Medical expenses for emergency care, hospitalization, rehabilitative therapy, surgeries, and more.
The estimated costs of any anticipated future medical care
Lost income from time away from work
Lost future earnings due to disabilities
Permanent disabilities, disfigurement, or impairments
Pain and suffering
Mental trauma, including post-traumatic stress disorder (PTSD)

When a driver hits a construction worker, a criminal case can penalize the driver with costly fines and possible jail time. However, the injured construction worker also deserves to receive full compensation for all of their injury-related losses. By filing an insurance claim or a personal injury lawsuit in civil court, an accident victim can seek the financial recovery they deserve. You should not wait to call an experienced personal injury attorney as soon as possible after a serious crash.

Hurt in a Construction Zone Accident? Call Abels & Annes, P.C., Today to Speak with a Chicago Personal Injury Attorney

If you suffered injuries in an accident that occurred in a construction zone, it is imperative that you speak to an attorney as soon as you can. You may be entitled to significant compensation under Illinois law, and an attorney at Abels & Annes, P.C., can review your case at no cost to you and let you know whether you have a legal claim. If you choose to retain us to represent you, we will never collect legal fees unless we successfully recover compensation on your behalf. To schedule your completely free, no-obligation case evaluation with an experienced attorney, call our office today at (312) 924-7575 or send us an email through our online contact form.

Coming to a Favorable Settlement Requires Tough Negotiation

Posted: May 17, 2018

No two personal injury cases are identical. While some personal injury cases may settle quickly, others take years before the parties reach an acceptable settlement agreement. At the very least, many personal injury cases require several rounds of tough negotiations before arriving at a satisfactory settlement.

Many complex factors determine how long it takes to reach a settlement agreement, including whether the at-fault party is disputing fault for the accident, the venue where the case is pending, the complexity of the case, the injuries involved, the medical treatment received, the permanency of the injuries suffered, and the need for further medical procedures.

While there is no such thing as a “perfect” settlement that fully restores an injured victim to their previous physical, emotional, and financial state, a “good” settlement is one that satisfactorily compensates the accident victim for his or her injuries. While this may be slightly less than the damages sought in a lawsuit, accepting a settlement eliminates the risk and uncertainty of going to trial and letting independent jurors decide the final outcome of the case.

In many instances a skilled personal injury lawyer can successfully negotiate with the at-fault party’s insurance company on your behalf and obtain a favorable settlement well before the trial date. The personal injury lawyers at Abels & Annes, P.C. can discuss all of your legal options with you and work toward obtaining a fair and favorable settlement offer in your case.

Beginning Settlement Negotiations

The first step to beginning the settlement negotiation process is to file a claim with the at-fault party’s insurance company. This puts the adverse insurance company on notice of a potential lawsuit. Prior to beginning settlement negotiations, the injured accident victim should finish all medical treatment and physical therapy – unless treatment will continue for months or years.

Once the accident victim has completed treatment, the accident victim’s attorney may prepare a demand package to the insurance company’s adjuster. The package includes a demand letter with an initial settlement demand, along with copies of the supporting medical records and bills. The demand package may also contain a victim impact statement, which explains the impact the accident and injuries have had on the victim’s life.

After the insurance company adjuster receives and reviews the settlement demand package, the adjuster may place an initial settlement offer on the table in an effort to try and dispose of the personal injury case quickly and cheaply. Insurance adjusters’ initial settlement offers are usually much less than what the case is actually worth.

Further settlement negotiations may ensue for weeks or months, with the injured accident victim’s lawyer working to get the insurance adjuster to incrementally increase the amount of the settlement offer. If the parties reach an agreement, the case will settle. If the parties do not reach an agreement, the injured accident victim’s attorney may file a lawsuit.

Filing a Lawsuit to Provoke a Reaction from the Insurance Company

In some cases, your lawyer may adopt a hardline approach and file a lawsuit against the at-fault party before attempting to negotiate settlement. This is typically done for two reasons. First, filing a lawsuit with the court begins the litigation process and places the case on the court’s radar, so to speak. Second, filing a lawsuit may encourage the adjuster to take the case more seriously.

In some instances, the insurance company may increase their settlement offer soon after the lawsuit is filed. In other instances, it may take several more rounds of negotiations—or completion of some initial discovery—before the adjuster places a better settlement offer on the table. In any case, filing a lawsuit is often an essential step in both the litigation and negotiation process.

It is important to keep in mind that filing a lawsuit does not guarantee that a personal injury case will go to trial. A personal injury case can settle right up to trial, or even during trial. However, once the trial is complete and the judge or jury enters a decision, the accident victim has to live with the result or consider filing an appeal. In some instances, a personal injury accident victim may prefer to accept a settlement because it puts the accident victim, instead of a judge or jury, in control of the outcome, and allows the victim to move forward with recovery.

Accepting or Rejecting a Pending Settlement Offer

The decision whether to accept or reject a pending settlement offer ultimately rests with the injured accident victim. A Chicago personal injury lawyer can help you decide whether a pending settlement offer is worth accepting.

When deciding whether to accept or reject a settlement offer, you should consider the following factors:

The venue where the personal injury case is pending and whether or not it is a “plaintiff friendly” venue
The amount of risk you are willing to take on the trial outcome
Whether the settlement offer can be taken off the table by the adjuster
The availability of alternative dispute resolution measures in your case, such as arbitration or mediation
The cost of your medical bills and any costs—such as medical liens—that must be paid out of your settlement proceeds
The increased costs associated with a jury trial

Call a Chicago, Illinois Personal Injury Lawyer Today to Discuss Your Legal Options

When it comes to personal injury settlements, accident victims should carefully review the options available with experienced legal counsel. If you have sustained injuries as a result of another person’s negligence, the Chicago personal injury lawyers at Abels & Annes, P.C. can review your case with you and evaluate your options. Our team of attorneys can represent your interests during settlement negotiations with insurance companies and their adjusters. If taking your case to trial is necessary, our attorneys provide capable and results-oriented legal representation in the courtroom.

To schedule a free consultation and case evaluation with a Chicago, Illinois personal injury lawyer, please call us today at 312-924-7575 or contact us online.

What is a Catastrophic Injury?

Posted: April 1, 2018

Catastrophic and permanent injuries can occur in car, truck, tractor-trailer, motorcycle, pedestrian, and bicycle accidents, to name a few. In many cases, these injuries require long periods of medical treatment and serious medical procedures in order to correct. In other cases, accident victims require a lifetime of care at a nursing home or assisted living facility.

Some catastrophic injury cases reach a settlement agreement, while others proceed all the way to trial. Litigating a catastrophic injury case requires a special skill set of both medical understanding of these severe injuries and legal knowledge. If you have sustained catastrophic injuries in an accident that resulted from someone else’s negligence, you may be entitled to monetary compensation. The Chicago personal injury lawyers at Abels & Annes, P.C. can review your case and may be able to provide you with legal representation.

Characterizing Catastrophic Injuries

Catastrophic injuries are those types of injuries which require long periods of medical treatment and recovery time in order to improve or resolve. Catastrophic injuries are common in high-speed motor vehicle accidents – and most especially, in motorcycle, moped, and bicycle accidents. These accidents are more likely to result in catastrophic injuries because motorcycle, moped, and bicycle operators (and their passengers) have limited protection while on the road. Although riders usually wear helmets which partially cover their heads, they do not have the outer shell of a vehicle surrounding them, and their bodies are more or less exposed directly to the ground. Consequently, they are more likely to have an impact with the ground (and/or another vehicle) and suffer serious injuries.

Some common examples of catastrophic injuries include:

Traumatic brain injuries (TBIs)
Fractures and broken bones
Spinal cord injuries
Paralysis
Abrasions and permanent scarring or disfigurement
Death
Fractures and Broken Bones

When an accident victim directly hits the ground or strikes something in the vehicle, he or she can suffer a major fracture or break. In many cases, these injuries require serious medical procedures, such as multiple surgeries, to correct. Following the surgery, the accident victim may need to take several months to recover and undergo long periods of physical therapy, and may still never regain regular use of that body part.

Spinal Cord Injuries

Spinal cord injuries typically involve nerve damage which may result in full or partial paralysis and other serious limitations. Spinal cord injury victims often require long periods of rehabilitation and therapy, including vocational or occupational therapy, in order to achieve a full—or even partial—recovery. In the most severe spinal cord injury cases, accident victims may require around-the-clock, lifetime care at a nursing home or assisted living facility.

Traumatic Brain Injuries

Traumatic brain injuries – or TBI’s – are one of the most significant types of catastrophic injury. These injuries can last for a long time and permanently impair an accident victim’s cognitive abilities. TBIs come about when blunt force or some other external trauma is applied to the accident victim’s head. This can cause injury to the brain’s neurons and axons (i.e. the brain’s “internal wiring”) and prevent them from functioning properly.

Depending on the severity of the head impact, traumatic brain injuries can range from mild to severe. The most serious long-term symptoms associated with traumatic brain injuries include:

Long-term memory losses
Seizures
Paralysis
Slurred speech
Confusion or disorientation
Lost consciousness
Mood swings
Loss of taste or smell
Temporary or permanent comatose state
Permanent inability to function or move

Proving Catastrophic Injuries and Damages

In order to prove catastrophic injuries and damages, the accident victim must be able to show that someone else behaved in a careless, reckless, or negligent manner. This usually means that the at-fault party did something that a reasonable person would not have done – or failed to do something that a reasonable person would have done.

In addition to proving that someone else was at fault for the accident, the accident victim must be able to show that the catastrophic injury directly resulted from the accident.

Whenever accident victims seek monetary compensation for catastrophic injuries, the insurance company will look for any reason to deny liability or limit its exposure. The insurance company will oftentimes look for other possible causes of the claimed catastrophic injury, including prior medical procedures, degenerative changes on imaging studies, preexisting medical conditions, and prior injuries.

Expert Testimony

When attempting to prove that an accident victim sustained a catastrophic injury, it is often helpful to introduce the expert testimony of a medical doctor or other healthcare provider. The expert may be able to testify about the extent of the accident victim’s medical treatment and the permanent nature of the injuries sustained.

In some cases, catastrophic injury accident victims are unable to return to work for long periods of time. In other cases, they may not be able to return to the same job post-accident – or they may have to switch careers altogether. A vocational rehabilitation expert may be able to testify about how the catastrophic injury prevents the accident victim from working at the same job, or from working altogether. An expert may also be able to speak to the accident victim’s projected loss of earnings over a specific time period due to catastrophic injuries sustained in an accident.

Economic and Non-economic Recovery Available to Catastrophic Injury Victims

Accident victims who sustain catastrophic injuries as a direct result of someone else’s negligence may be entitled to recover compensation for medical bills, lost wages, lost earning capacity, pain and suffering, psychological harm, loss of the ability to function, and loss of spousal support or consortium. They may also be able to recover the costs of lifetime care and treatment – including the costs of medical care at a nursing home or assisted living center.

Call a Chicago Catastrophic Injury Lawyer Today to Discuss Your Case

If you or a loved one has sustained a catastrophic injury in an accident, you may be entitled to recover monetary compensation. A Chicago catastrophic injury lawyer at Abels & Annes, P.C. can discuss the circumstances of your case and may be able to negotiate with the insurance company or file a lawsuit on your behalf.

To schedule a free consultation and case evaluation with a Chicago, Illinois catastrophic injury lawyer, please call us today at 312-924-7575 or contact us online.

How Do You Prove Past and Future Medical Costs in an Injury Claim?

Posted: October 18, 2017

If you have been injured in an accident in Illinois and another party is at fault, you are entitled to damages, which may include your medical expenses. Past medical expenses usually present a relatively simple issue, as they entail money you already have spent (or debts you have incurred) due to medical care as a result of the injuries you suffered in the accident. However, many accidents result in injuries that will require long-term care—or at least care that extends beyond the conclusion of a civil action to recover damages. In that case, you will have to prove both past and future medical expenses, which can be two very different propositions.

Accidents That Cause Severe Injuries

Any personal injury claim associated with negligence can result in receiving compensation for the damages associated with your injuries. Personal injury claims can include:

There are many different types of personal injury incidents that can lead to serious injuries for the unfortunate victim. Even a seemingly minor injury may cause large medical bills and other significant costs.

Medical bills caused by negligence can often be more expensive than most people think and can add up very fast. A long term, severe injury could rack up even bigger bills and significant costs, like missed time from work.

Injuries that Cause High Medical Bills

Traumatic Brain Injury

While traumatic brain injuries can range from mild to severe–causing anything from a concussion to a coma to brain death–the more severe the injury is, the higher the medical bills are likely to be. With a mild concussion, you may only end up with minor medical bills, like an ambulance ride, hospital stay, and a few follow up appointments. Still, this isn’t cheap. However, a more serious brain injury may require costly surgery, long-term therapy, or even life support, which can all lead to medical bills in the tens or hundreds of thousands of dollars..

Spinal Cord Injury

The treatment for a spinal cord injury can be very expensive, depending on the severity of the damage. You may just need a brace, a wheelchair, or crutches to get around, or you may have to undergo surgery or receive expensive injections. Spinal cord injuries also often require physical therapy, as you may need to relearn how to walk after your accident occured. Long-term physical therapy can be expensive, on top of surgeries and other treatments.

Broken Bones that Require Surgery

Most often, any injury that requires surgery is more expensive than one that does not. For example, to fix a broken bone, usually a cast is used to set the bone in place and allow it to heal properly. However, sometimes surgery is required to ensure that the bone is properly set up to heal in the correct position. This surgery, and sometimes even the cost of physical therapy, can rack up quite a bill.

Internal Injuries

Internal injuries can be expensive because sometimes it takes a little while to determine where the problem is originating. You may need to have x-rays, CT scans or other costly exams, all before you undergo surgery to repair the damage. If there are any complications during your surgery, your costs will only increase from there.

Recovering Past Medical Bills

When you are injured in an accident through the fault of another person, you are entitled to receive compensation for the medical expenses you incur because of the injuries you suffered in that accident, among many other losses. Proving past medical expenses is a relatively straightforward process, as noted. You will need to provide documentation for expenses such as:

Doctor bills
Hospital bills
Emergency room treatment bills
Ambulance services
Nursing services
Pharmaceutical receipts
Physical therapy bills

You must demonstrate that the bills were for medical services necessary to treat the specific injuries you suffered in your accident. In general, though, the proof consists of documentation of your medical costs.

Future Medical Costs Require Different Proof Than Past Costs

Future medical costs obviously haven’t happened yet, and cannot be documented by medical bills that already have been (or still must be) paid. Rather, future medical costs are expenses for medical care that will be incurred due to treatment of accident-related injuries that will occur after litigation is resolved.

Typically, future medical costs are an issue with serious injuries or long-term, chronic conditions that result from the injuries suffered in the accident. You can recover for future medical expenses if you prove that you will need continued medical care because of the injury suffered in the accident, based on the estimated cost of that care.

To prove future medical costs usually requires expert medical testimony. Physicians and other healthcare providers would have to testify about the medical care you will require in the future as a result of your injuries. The proof must include enough detail to make it possible to ascertain roughly what that future care will cost.

Medical Costs Can Vary from Case to Case

Just as no two injuries are the same, medical bills that result from an accident will never be exactly the same for different accident victims. Some people who sustain accidental injuries will only require one or two trips to a doctor, while others may have extended hospital stays with ongoing treatment. No matter how much your bills may be, you still deserve to be compensated for them by a liable party. The method of obtaining compensation, however, may vary depending on how much medical debt you have incurred.

If you go to your usual doctor, you may only incur a couple hundred dollars in medical expenses depending on the tests and treatment that you need. Of course, costs go up if you need medication, medical equipment, or physical therapy. Your bills will be higher if you needed to seek treatment in an emergency department, and even more, if you took a ride in an ambulance.

If you were admitted to the hospital for even one night, your costs likely immediately skyrocketed into the thousands of dollars. One report shows the following average cost per day at a hospital in Illinois:

Government-backed facility: $3,128
For-profit facility: $1,567
Non-profit facility: $2,373

The above numbers are from 2014 (the most recent ones available), so it is likely the cost has risen even higher. If someone was injured and stayed in a state or local hospital for seven days, he likely will owe more than $20,000. The costs of hospital treatment are higher if the injuries are particularly serious and require time spent in the intensive care unit (ICU) or a burn treatment unit.

In addition, the costs of surgical procedures have increased in recent years. For example, some back surgeries can cost anywhere from $50,000 to $150,000, depending on the injury. There are often additional costs for surgical recovery, such as a hospital stays, medical equipment, rehabilitative therapy, or even home health assistance.

Recovering for Medical Costs

The approach to recovering medical expenses and other injury-related losses can vary depending on the nature and amount of your losses. For example, if you have a few medical bills and missed a few days of work (and thus lost income), our attorneys may be able to seek compensation for your expenses and losses through an insurance claim against the policy of the liable party. We can often obtain a favorable settlement quickly from an insurance company when the losses are relatively straightforward.

Not all personal injury claims, however, can be resolved through the insurance process. If your losses exceed the policy limits, for example, it would be necessary to file a personal injury claim against the liable party. If your losses include more complex damages such as pain and suffering, permanent disability, or similar intangibles, a court claim may also be the best way to obtain the full compensation you deserve.

Will the Severity of my Injury Affect my Settlement?

There are many different factors that affect your personal injury settlement. The amount you receive will be affected by:

the amount of damages you accrued (both economic and non-economic)
the change in your quality of life before and after the accident
the severity of your injuries
and your prognosis (how likely you are to fully recover and how long it will take).

The severity of your injuries plays a huge part in your settlement value for a variety of reasons. Your economic damages and your non-economic damages are often higher with more serious injuries. This is because you will likely have higher medical bills and more pain and suffering when your injuries are severe. You may also have more lost wages because of the increased recovery time associated with a severe injury.

In order to receive compensation for your damages, you must be able to prove your medical bills and other costs were caused by the incident in question. This proof will come from the documentation, medical bills, and evidence that your attorney collects in order to prove to the insurance companies the amount of damages you have accrued.

So yes, the severity of your injury will affect the amount you receive as a settlement. You may also receive a higher settlement depending on how much pain and suffering you experienced. If you lived an active lifestyle before your accident and now have injuries with a long recovery time or a disability, you could receive a higher settlement. Additionally, if you will no longer be able to pick up your grandchild, or even something extremely detrimental like not being able to feed yourself, the pain and suffering portion of your settlement is likely to be higher.

Either way, your attorney will help you to navigate this process so that you can receive the settlement that you deserve for your damages.

When should I Accept a Settlement?

Whether or not, or when, you accept a settlement is completely up to you, but your attorney will help you make the right decision. Choosing when to settle a personal injury claim can be a big decision, but your attorney will be there to guide you.

In many circumstances, and with a talented attorney, you can get a settlement that covers all of your damages so that you can move on with your life without any debt and hopefully healthy and fully recovered. Further, a plaintiff usually walks away from a settlement with money in their pocket for pain and suffering, and other damages.

Sometimes, a settlement may not seem fair or like you are being low-balled when you feel like you deserve much more. When it comes to deciding whether to risk going to trial, the main factor you should consider is your chances of winning more money than the settlement offer in court. If you have a high chance of winning a greater amount, settling may not be the right move for you. If you have a low chance of winning more money, you may want to take the settlement offer so you don’t take a financial hit or lose out on the money altogether.

Again, having an experienced attorney makes all the difference in making the right decision here.

Contact Our Personal Injury Attorneys to Discuss a Possible Claim Today

If you have been involved in an accident that resulted in injuries, your first step should be to consult an attorney to determine what your rights are under the circumstances of your accident. You may have the right to compensation for past and future medical costs, as well as other losses.

The attorneys of Abels & Annes can assist in protecting your rights when you are involved in an accident resulting in injuries and medical bills, both past and future. You can reach our office at (312) 924-7575 or through our website

Why You Want Our Attorneys Handling Your Insurance Claim

Posted: August 24, 2017

If you have suffered injuries in an accident that was another person’s fault, you have the right to seek compensation for a wide variety of losses you may incur. In many cases, the first step to seeking such compensation is to file a claim with the liable party’s insurance company. If you were injured in a car accident, you would file a claim with the negligent driver’s auto insurance company. If you slipped and fell at a store, you would file a claim with the store’s property insurance company, and so on.

Many people consider the insurance claim process to be less complicated than personal injury litigation; however, many issues can occur in any type of insurance claim. It is important that you seek assistance during the claim process from an experienced insurance attorney at Abels & Annes in Chicago.

Evaluating Your Claim

In order to know how much compensation you deserve, you must be aware of the full value of your losses. Many people simply add up their medical bills and assume that the total should be the value of their claim. Yet you can also seek compensation for other losses including future estimated medical costs, lost wages, future lost wages, and more. Our attorneys know how to make these complicated calculations to ensure you know what your claim should be worth.

The Claim Assessment Process

Your claim file will be assigned to an insurance adjuster—who first and foremost works for the insurance company. Adjusters are generally expected to limit the company’s liability whenever possible. So, while it may seem like they are simply confirming your losses, they may actually be gathering information to justify limiting or denying a payout.

By having an experienced Abels & Annes attorney act as the sole communicator with the insurance adjuster on your behalf, you can trust that we will say the right things to maximize your claim assessment instead of giving the adjuster any information that could be used against you.

Fighting for the Settlement You Deserve

Once you receive an offer for a settlement, it is absolutely critical that you have an attorney who understands how to review and negotiate settlement offers. Many people simply accept the first offer without realizing that it is grossly inadequate or that they have the right to stand up for the amount they truly deserve. Our legal team knows how to analyze the sufficiency of a settlement offer and skillfully negotiate with the insurance company for the full amount you deserve.

Call Our Chicago Personal Injury Attorneys Right Away After an Injury

The insurance process is often much more complex than you may initially think. Instead of taking your chances with so much on the line, you should immediately call the law office of Abels & Annes. If you have a case, our Chicago insurance dispute lawyers can handle every aspect of your insurance claim so you can rest assured that you receive as much as possible. To learn more, please contact us at 312-924-7575 for a free consultation today.

How Long Should I Wait to Call an Attorney After an Injury?

Posted: July 30, 2017

If you suddenly sustain an accidental injury, your life can be turned upside-down. You may need emergency medical attention, as well as treatment that could be extensive and ongoing. As you watch your medical bills pile up and continue to lose income from missed days at work due to your injuries, you may consider whether you should call a personal injury law firm to discuss your legal rights. Dealing with the legal side of your case may seem overwhelming while you are still recovering from your injuries, so you may also wonder how long you can wait before contacting an attorney.
The short answer is that it is never too early to discuss your accident with a skilled personal injury lawyer. While it is understandable that you have a lot of stress already, you should never delay in starting your legal case for the following reasons.

Insurance Claims Can Happen Quickly

Many accident cases are handled through insurance claims—such as auto insurance after a car crash or property insurance after a slip and fall. These claims tend to have time limits. You may be contacted by an insurance adjuster very soon after an accident. It is important to know that any communications you have with the insurance company may be used by the company to try to avoid liability and limit the value of your claim. You should have an attorney on your side handling the insurance process for you to maximize your chances of an adequate settlement.

Statute of Limitations in Illinois

If your claim cannot be settled through negotiations with the insurance company, you will need to file a personal injury claim in court. In most cases, Illinois law sets out a strict two-year statute of limitations for this type of claim, although the time limit may be extended or shortened depending on the facts of the incident. Two years may sound like a long time; however, the time required to thoroughly investigate, research, and prepare for your case can be significant. Waiting too long to contact a lawyer may jeopardize your chances of a successful case.

Call a Chicago Personal Injury Lawyer as Soon as Possible

The Chicago personal injury attorneys at the law firm of Abels & Annes are ready to help you at any time after your injury. Please do not hesitate to call our office for a free consultation at 312-924-7575 today.