Chicago Injury Lawyer Blog

Act quickly to protect evidence and find witnesses who can help you prove your case to an insurance company.

The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened -- and documenting your injuries. You should take the following steps as soon as you are able.
Return to the Scene

If an accident occurred somewhere other than in your home, return to the scene as soon as possible to locate any evidence and photograph any conditions you believe may have caused or contributed to the accident. You may be amazed to find something you were not aware of when the accident occurred but which may help explain what happened: a worn or torn spot on which you fell, a traffic light that isn't working. And while looking around, you may also find someone who saw what happened, or who knows of other accidents that happened in the same spot.

Take photographs of the accident scene from a number of different angles -- particularly your view of things right before the accident -- to keep a good picture of it in your mind and to give to the insurance company later on to indicate how well prepared you are to get the settlement you deserve. Photograph the scene at the same time of day as your accident occurred, and for vehicle accidents, the same day of the week, to show the appropriate amount of traffic.
Protect Physical Evidence

Who was at fault for an accident is sometimes shown by a piece of "physical" evidence -- something you can see or touch, as opposed to a description of what happened. Examples include a broken stair that caused a fall, the dent in a car showing where it was hit, or an overhanging branch that blocked visibility on a bike path.

In addition, physical evidence can help prove the extent of an injury: Damage to the car can demonstrate how hard a collision was, and torn or bloodied clothing can show your physical injuries dramatically. Try to preserve any physical evidence exactly as it was at the accident. If you can't preserve the actual object, take photographs of it. You can later show your evidence to an insurance company as proof of what happened.
Taking Good Photographs

Here are some tips for preserving evidence with photographs:

* Regular photos are better than Polaroids. They usually show greater detail and more accurate light conditions.
* Take a number of photos from different angles so that you can later pick out the ones that show most clearly whatever it is you want to highlight to the insurance company.
* Take the photos as soon as possible so that they will accurately represent the condition of the evidence immediately after the accident.
* To establish the date the photos were taken, ask a friend to both watch you take the pictures and to write a short note stating that he or she observed you taking the pictures on that date. Also, get the film developed immediately and make sure the photo shop indicates the date on the back of the prints, or at least on your receipt.

Locate Witnesses

A witness to an accident can be immensely valuable to you in making your case to an insurance company. Witnesses may be able to describe things about an accident that confirm what you believe happened, backing up your story. And they may provide you with information you were not aware of but which shows how the other person was at fault. Even a witness who did not actually see the accident may have seen you soon after you were injured and can confirm that you were in pain or discomfort. Or, a witness may have heard a statement made by another person involved in the accident indicating that someone other than you was at fault.

However, time is of the essence. If witnesses are not contacted and their information confirmed fairly soon after the accident, what they have to say may be lost. People's memories fade quickly, and soon their recollections may become so fuzzy that they are no longer useful. Also, a witness might no longer be around if you wait too long; people move frequently.
Document Your Injuries

The best ways to preserve evidence of your injuries are by promptly reporting all of them to a doctor or other medical provider, and by photographing any visible marks, cuts, bruises, or swelling, including any casts, splints, bandages, or other devices.

Without an early medical record of all your injuries, and photos if possible, it will be more difficult to later convince an insurance company that you were injured in the ways and to the degree you claim you were. Visible injuries heal and will not look as serious later, and failing to seek immediate treatment can lead an insurance company to believe that your injuries were not so serious, or even that you invented or exaggerated them after the accident.

If you intend to file a claim for your injuries, it's important to notify potential defendants after the accident.

You don't have to know who was at fault for your accident; you must simply think about who might have been at fault. And in the beginning, you don't have to give the people involved, or their insurance companies, any detailed information about the accident or your injuries. All you have to do is notify them that there was an accident at a certain time and place, that you were injured, and that you intend to file a claim.
Determine Who Might Be Responsible

Before you can notify those responsible for an accident of your intention to file a claim, you must decide whom to notify. Notify all those who might be responsible. This usually depends on the type of accident in which you were involved. For example, in a vehicle accident you'll need to notify the drivers of all vehicles involved, the owners of the vehicles, the employers of the driver if the car was on company business, and your own insurance company -- and there may be others, depending on the circumstances each type of accident -- vehicle or slip and fall -- requires you to notify different sorts of people. For more about who to notify, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).
Write Notification Letters

Once you have determined those who might be responsible for your accident, your next step is to write letters telling each of them that the accident happened and that you were injured. You may need to send more than one letter -- for example, one letter to the business where you fell and another to the person who owns the property.

Write a letter of notification even if the others involved have assured you that they will notify their insurance companies. Your notification should be a simple, typed letter giving only basic information and asking for a written response. It should not discuss fault or responsibility, or the extent of your injuries; you will get to those things later on.

For detailed information about what to include in a letter of notification, and sample letters, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).
Don't Delay in Giving Notice

The important thing about giving others notice and starting your claim is to not delay too long. While you need not give notice within any specific number of days following an accident (except for claims against government entities), it is always best to start early, within the first couple of weeks after the accident.

Also note that filing a notice of an injury accident with people or agencies does not obligate you to file a claim against them. But if you do file a claim later, they will not be able to say that the claim has unfairly surprised them.

Writing down the details is far easier -- and more accurate -- than relying on your memory.

One of the first things you should do after you are injured is write down everything you can about your accident, including details of your injuries and their effect on your daily life. These notes can be very useful two or six or ten months later, when you put together all the important facts into a final demand for compensation. Having notes to remind you of the details of what happened, and what you went through, is both easier and more reliable than counting on your memory.

Get into the habit of taking notes on anything you think might possibly affect your claim and carry it through the entire claims process. Whenever you remember something you had not thought of before -- while you're in the shower, just before you fall asleep, as you're biting into a pastry -- write it down and put it with your other notes. Here are some specific things about which you should make notes.
The Accident

As soon as your head is clear enough, jot down everything you can remember about how the accident happened, beginning with what you were doing and where you were going, the people you were with, the time and weather. Include every detail of what you saw and heard and felt -- twists, blows, and shocks to your body immediately before, during, and right after the accident. Also include anything you remember hearing anyone -- a person involved in the accident or a witness -- say about the accident.
Your Injuries

In the first days following your accident, make daily notes of all pains and discomfort your injuries cause. You may suffer pain, discomfort, anxiety, loss of sleep, or other problems which are not as visible or serious as another injury but for which you should demand additional compensation. If you don't make specific note of them immediately, you may not remember exactly what to include in your demand for settlement weeks or months later. Also, taking notes will make it easier for you later to describe to an insurance company how much and what kind of pain and discomfort you were in.

In addition, writing down your different injuries may help your doctor diagnose you. For example, a relatively small bump on the head or snap of the neck may not seem worth mentioning, but it might help both the doctor and the insurance company understand why a bad back pain developed several weeks after the accident. Also, by telling the doctor or other medical provider about all of your injuries, those injuries become part of your medical records that will provide evidence later that such injuries were caused by the accident.
Economic or Other Losses

You may be entitled to compensation for economic loss and for family, social, educational, or other losses, as well as for pain and suffering. But you will need good documentation. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries: work hours, job opportunities, meetings, classes, events, family or social gatherings, vacation, or anything else which would have benefited you or which you would have enjoyed but were unable to do because of the accident.
Conversations

Make written notes of the date, time, people involved, and content of every conversation you have about your accident or your claim. In-person or telephone conversations worth noting may include those with any witness, adjuster, or other insurance representative, or with medical personnel.
Next Steps

You may want to return to the scene of the accident to take notes or pictures or locate and talk to witnesses who may help your case.

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How can insurance help protect a rental property business?




What does renter's insurance cover?

How can insurance help protect a rental property business?

A well-designed insurance policy can protect a landlord's rental property from losses caused by many perils, including fire, storms, burglary and vandalism. (Earthquake and flood insurance are typically separate.) A comprehensive policy will also include liability insurance, covering injuries or losses suffered by others as the result of defective conditions on the property. Equally important, liability insurance covers the cost (mostly lawyer's bills) of defending personal injury lawsuits.

Here are some tips on choosing insurance:

• Purchase enough coverage to protect the value of the property and assets.
  
• Be sure the policy covers not only physical injury but also libel, slander, discrimination, unlawful and retaliatory eviction and invasion of privacy suffered by tenants and guests.
  
• Carry liability insurance on all vehicles used for business purposes, including the manager's car or truck if he or she will use it on the job.
  

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What does renter's insurance cover?

While tenants may not have as much at stake financially as property owners, they also need insurance -- especially tenants with expensive personal belongings. Tenant losses from fire or theft are not covered by the landlord's insurance.

The average renter's policy covers tenants against losses to their belongings occurring as a result of fire and theft, up to the amount stated on the face of the policy, such as $25,000 or $50,000.

Most renter policies include deductible amounts of $250 or $500. This means that if a tenant's apartment is burglarized, the insurance company will pay only for the amount of the loss over and above the deductible amount.

In addition to fire and theft, most renter's policies include personal liability coverage ($100,000 is a typical amount) for injuries or damage caused by the tenant -- for example, if a tenant's garden hose floods the neighbor's cactus garden, or a tenant's guest is injured on the rental property due to the tenant's negligence.

Renter's insurance is a package of several types of insurance designed to cover tenants for more than one risk. Each insurance company's package will be slightly different -- types of coverage offered, exclusions, the dollar amounts specified and the deductible will vary. Tenants who live in a flood or earthquake-prone area will need to pay extra for coverage. Policies covering flood and earthquake damage can be hard to find; tenants should shop around until they find the type of coverage that they need.

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Copyright 2004 Nolo

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Steps to take if you think conditions at your workplace pose a hazard to your health or safety.

The federal Occupational Safety and Health Act (the OSH Act) and similar state laws spell out your rights in the event of a workplace hazard. How to deal with the unsafe condition depends on how immediate and serious the danger is.
If You Are in Imminent Danger

If you think your life is in imminent danger because of a workplace hazard, you have the right to refuse to work. You should also immediately call the emergency telephone line of the U.S. Department of Labor's Occupational Safety and Health Administration (known as OSHA), at 800-321-OSHA (6742). Of course, if you or a coworker needs immediate medical attention, call 911.

How do you know if an imminent danger exists? All of the following must be true:

* you believe that performing your work poses a real danger of death or serious physical injury
* your employer refuses to correct the problem, and
* there isn't enough time to eliminate the danger through other means, such as requesting an OSHA inspection.

In some states, you have the right to refuse to work even if the harm is not life threatening. To find out about workplace safety laws in your state, contact your state labor department.
If You Are Not in Imminent Danger

If the danger is not imminent, the first thing you should do is ask your employer to take care of the problem. It is possible that your employer doesn't know about the hazard and will deal with the situation promptly. Be sure to document your request -- either by making the request in writing or by writing down notes for yourself of the date that you made the request, the name of the person to whom you made it, and a summary of what you and the person said.

If you are afraid to go to your employer, skip this step and complain directly to OSHA or a similar state agency.

If your employer does nothing -- or takes action against you for complaining about the hazard -- your next step is to complain to OSHA or a similar state agency. For information on how to file an OSHA complaint, including a complaint form you can file online or download and file by fax or mail, see "How to File a Complaint with OSHA" on the OSHA website. You can give your name or make the complaint anonymously.

Both federal and state law prohibit your employer from retaliating against you if you properly refuse to work, if you complain about a health and safety violation, or if you otherwise assert your rights under these laws.

For more information on federal law, visit www.osha.gov. For more information on state law, contact your state labor department.

Dealing With Unsafe Conditions
Steps to take if you think conditions at your workplace pose a hazard to your health or safety.

Elder Abuse - Possible Indicators of Abuse, Neglect, or Exploitation
The following descriptions are not necessarily proof of abuse, neglect, or exploitation. But they may be clues that a problem exists, and that a report needs to be made to law enforcement or Adult Protective Services.

Health and Safety FAQ

How Dog Owners Can Avoid Being Bitten by a Lawsuit
If you've got a dog, take some simple steps to prevent injuries -- and legal headaches.

Landlord Liability for Tenant Injuries FAQ

Landlord Liability: Insurance FAQ
How insurance can help protect a rental property business.

Make Notes About Your Accident and Injuries
Writing down the details is far easier -- and more accurate -- than relying on your memory.

Notify People Who May Be Responsible for Your Injuries
If you intend to file a claim for your injuries, it's important to notify potential defendants after the accident.

Preserve Evidence of Fault and Damages
Act quickly to protect evidence and find witnesses who can help you prove your case to an insurance company.

Proving Fault for Defective Product Injuries
If you've been injured by a dangerous consumer product, it's usually not hard to recover compensation for your injuries.

Proving Fault in Slip and Fall Accidents
These guidelines will help you determine who is responsible if you slip or trip and fall on someone else's property.

Traffic Accidents FAQ

Workers' Compensation FAQ

Articles & FAQs

Police Officer making a DUI arrest suffered fractures to his ankle as a result of victim falling on him; $95,000.00;

Roselle, IL woman whose kidneys failed because her doctor who prescribed lithium and failed to monitor kidney functions; $3,215,000.00;

Wheeling, IL girl fell at a Mount Prospect, IL fast food restaurant and sustained an epidural hematoma; $105,000.00;

Roselle, IL woman's auto accident resulted in right-sided cervical radiculopathy affecting the right C6 and possibly the right C7 nerve root, due to herniated disk at C5-C6 on the right side; $201,000.00;

Streamwood, IL plaintiff w/slip and fall at a Hoffman Estates, IL Dominick's on wet floor - 8/6/97 resulting in minor drop foot; $165,000.00;

Police officer injured in motorcycle accident resulting in left shoulder and left elbow injuries; right Achilles tendon tear; left rotator cuff injury; greenstick fracture of jaw and low back pain; partial tear of subscapularis; subacromial decompression distal clavicle resection; (ii) left elbow - release of extensor carpi radialis brevis; $435,000.00;

Huntley, IL woman fell on slippery substance at a fuel island when she stopped to refuel truck. X-ray cervical spine showed bulging discs at L3-4 and L4-5 and small disc herniation at L5-S1 on left; Evaluation of cervical spine MRI reveals degenerative disc disease at C4-5, 5-6 & 6-7; MRI of lumbosacral spine reveals degenerative disc disease at L3-4, 4-5 & 5-1; EMG reveals mild to moderate right C5 & C6 radiculopathy; $250,000.00;

Schaumburg, IL girl suffered dog bite to face in Palatine, IL, requiring plastic surgery; minor scarring; $150,000.00;

Addison, IL woman w/disk injury from car accident in Bloomingdale, IL; $100,000;

Elgin, IL woman stopped at train crossing hit from behind - suffered a central disc protrusion with compression of the anterior of the thecal sac and disc bulges at C4-5 and C5-6;

River Grove, IL pedestrian hit by motorist turning into intersection - fractured left tibia and fractured finger;

Yuma, AZ man w/broken wrist due to aggressive celebrity bodyguards who thought he was taking photos of celebrities they were guarding;

Elk Grove Village, IL woman left with scar on forehead in auto accident;

Man left with deformed thumb Bensenville, IL woman's finger cut off in accident when man slammed car door on her;

Woman dislocated left shoulder in auto accident requiring surgery; Hoffman Estates, IL woman suffered fracture of the right distal radius in auto accident;

Hanover Park, IL minor suffered multiple trauma; contusion of the left side of face; fracture of the distal radius (left wrist); blunt abdominal trauma w/intraperitoneal bleeding & ruptured spleen while swinging from a zipcord on public property;

Bartlett, IL woman suffered pain in both arms and right knee from auto accident;

Bartlett, IL woman suffered pain in neck and back; right shoulder and left ankle as a passenger in an auto accident;

Des Plaines, IL man suffered trauma to left leg (fibula contusion), ankle sprain, bruised/sore thigh, sore knee, sore/stiff neck, & back sprain. Leg suffered clotting that had to be removed. Bartlett, IL woman suffered neurological disc disease after being hit from behind while stopped at stoplight. Rolling Meadows, IL man suffered right wrist nondisplaced fracture of the distal radius and fracture of the ulnar styloid falling off defective restaurant stool;

Elk Grove Village, IL woman suffered eye injury when apartment door fell from hinges;

Bartlett, IL man suffered severe cervical injury, bulging discs at L-4 and L-5 when struck by a car turning into him at intersection;

Orland Park, IL husband suffered acute lumbosacral strain and fractured ribs and his wife suffered right clavicle fracture; multiple abrasions and contusions; mild disc bulging at C5-C6 intervertebral disc; bruised tailbone, bruised abdomen; migraine headaches and right upper back pain when an auto collided with them;

Hanover Park, IL minor fractured nose when defective door at restaurant hit her in the face;

Streamwood, IL woman suffered right and left knee injuries; facial cuts and bruises; right knee required arthroscopy and partial medial meniscectomy; chondroplasty of the lateral tibial plateau, patellae, trochlear groove; total knee replacement when struck by auto running a red light when she was turning;

Bartlett, IL man's finger became deformed by a defective shopping cart at retail store;

Mount Prospect, IL woman suffered a rotator cuff tear after falling on poorly carpeted stairs at opera house;

Palatine, IL suffered illness when prescription was incorrectly filled;

Mount Prospect, IL man suffered right and left knee injuries; facial cuts and bruises; right knee required arthroscopy and partial medial meniscectomy; chondroplasty of the lateral tibial plateau, patellae, trochlear groove; total knee replacement when auto struck him while making a turn;

Streamwood, IL man suffered injuries to his ankle following a dog bite;

Schaumburg, IL man bit by dog suffered injuries to leg;

Streamwood, IL woman was trimming tree in her own yard when neighbor dog jumped up and bit her in arm causing permanent scarring and nerve damage;

Schaumburg, IL woman suffered fracture of the C6 cervical vertebra while a passenger in car hit by another auto;

Schaumburg, IL man suffered injuries to right and left arms and hips when struck by a bus;

Chicago, IL man suffered fractured wrist when his brand new engine seized throwing him from his motorcycle;

No. Aurora, IL man suffered severed burns to his legs after being burned by a home health care nurse;

Schaumburg, IL man suffered a comminuted nondisplaced fracture of distal fibular metaphysics when another party jumped on him;

Your attorney has a responsibility to fulfill his or her legal obligation to you by providing competent legal representation and advice. When your lawyer acts negligently while attempting to fulfill these obligations to you and your legal case suffers as a result, you could have grounds to file a legal malpractice claim against him or her.

Unless you yourself are an attorney, it can be very difficult for you to prove that you have been the victim of legal malpractice. Attorney Joseph Klest is a personal injury attorney in the Chicago area that has a thorough understanding of the ethics and responsibilities of attorneys in all areas of law. He can determine whether your lawyer's actions (or inaction) caused you injury by damaging your case, and he can file a legal malpractice claim or lawsuit on your behalf.

Breach of Fiduciary Duty
It is a lawyer's fiduciary duty to offer clients proper advice and representation at a reasonable cost. Your attorney should not only advise you of your legal options, but he or she needs to inform you of what the potential outcomes and consequences might be if you choose one option over the other. A lawyer also has to handle your case in a way that doesn't cause measurable damage.

If an attorney does not have the skills and experience to provide you with proper representation or if there is a conflict of interest, he or she must let you know immediately. Failure to provide a legal client with proper advice or representation is a breach of fiduciary duty and grounds for legal malpractice.

Failure to File
Once a lawyer agrees to represent you, it is his or her responsibility to manage and meet deadlines, including any statute of limitations for your case. Failure to file a lawsuit after such a deadline, filing your lawsuit at the wrong courthouse, submitting incomplete legal paperwork, and not naming a key defendant in a lawsuit can cause injury and damage to you by eliminating your opportunity to obtain the legal remedy that you are seeking.

Attorney Klest is known throughout the Chicago area and among his peers for his honesty, ethics, and commitment to making sure that his clients are properly represented. He has successfully handled many legal malpractice cases over the years for clients that felt it was necessary to file a claim or a lawsuit against negligent attorneys. He understands the legal issues involved, and he will zealously pursue your recovery for you.

For more than 25 years, Joseph Klest, Attorney at Law has successfully represented thousands of clients in cities and neighborhoods throughout Will County, Cook County, DuPage County, Lake County, and in other counties across Illinois in all areas of personal injury law.

To schedule your free consultation with Attorney Klest, call our law offices in Chicago or Schaumburg, Illinois at (312) 527-2779, (630) 529-7848, or (847) 969-9510 or contact us online.