The question in the title of this article is a question that involves many factors. This is why, despite what you may be led to believe by insurance companies or others, it is important to talk to an attorney about the value of your case no matter how minor the injury to take the steps necessary to get the appropriate compensation for the injury. This article provides you with the background of the different factors involved that you may or may not have considered. Certain injuries, including work related injuries and injuries caused by certain entities such as taverns and railroads are governed by different laws. All car accidents, slip and fall accidents and other premises liability issues apply here.
A person who has been involved in an accident that does not have special rules is allowed to recover certain damages from the responsible party under the law. These damages include any property damage, present and future medical expenses, present and future lost wages, disfigurement, disability, past and future pain and suffering and past and future loss of a normal life. The property damage and medical costs can be easily calculated. However, especially when it pertains to car accidents, those costs may be covered by your own insurance. It is also important to have these costs paid by insurance if possible. The responsible person or insurance company is not required to make any payment until they agree to or until there is a Court Order requiring it.
Therefore, the monetary compensation that will go directly to the injured person is usually based in the value of the other factors listed above. Clearly, any lost wages due to the injury should be allowed as long as your doctor has approved the time off. The remaining factors are much more difficult to calculate and depend on the severity of the injury involved, whether the injury has fully healed or if there will be future issues.
When a case is evaluated by an insurance adjuster or an attorney, the amount of money demanded and offered largely results from a risk/reward analysis by reviewing the facts of the case and forecasting, to the best of their ability, what the likely spectrum of results could be after a trial and then putting a dollar figure value on the case. The injured person and the liable person and their insurance company are adversaries and each are trying to benefit themselves as best as possible. The injured person is trying to obtain as much money as possible for the damages resulting from the injury and the negligent parties and their insurance companies are looking to minimize their losses.
When an offer is made or an award is given in court for an injury, it is generally an award of a lump sum amount that has been determined based on all of the factors above. Please beware that this offer/award has not taken the attorney fees, costs, and medical bills or other bills into account. The medical bill award is actually an award for the benefit of whoever pays them, which is usually an insurance company and they are usually entitled to reimbursement. Often times, due to the ability to recover the full amount billed for the services and the reduction of that amount by the insurance company and by the law for getting the Court Order, much less money then what is awarded is actually paid to the insurance company and therefore additional money is provided to the injured person.
Another consideration that obviously needs to be reviewed and analyzed is the facts and circumstances of the accident and whether the injured person has any percentage of fault for the accident. Under the law, as long as the injured person is less then fifty percent at fault, they are entitled to recovery of a pro-rata percentage of the damages. Therefore, if the injured person was awarded $100,000.00 for their injury, but was determined to be ten percent at fault, their award would be reduced to $90,000.00. If the injured person is fifty percent or more at fault, they are entitled to nothing.
Finally, regardless of the value of the case, certain insurance limitations on the amount of money the injured person can actually receive may apply. If the liable party is uninsured or underinsured, which means that they have too little insurance to fully compensate you for the value of your case, your recovery depends on whether the injured person has adequate uninsured or underinsured motorist coverage. Otherwise, you may be entitled to an award for the full amount of your damages but collection would need to be undertaken against the liable party individually and if they have little or no assets or they file bankruptcy this may be difficult or impossible.
To summerize, the evaluation of the value of a case is very complex and an attorney should be consulted to determine where the injured person stands. Contacting and retaining an attorney at the earliest stage possible will maximize the results so that actions are not taken that jeopardize the value of the claim. When the injured person speaks to an attorney, the factors above are good to know so the injured person can provide information to the attorney to achieve the best results possible.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
Monday, June 28, 2010
Monday, June 21, 2010
Late Night Roads Are More Dangerous for Illinois Drivers
Most of your driving nightmares probably revolve around visions of rush hour — people cutting in front of you without signaling, the frantic rush mixed with sudden stops. Added to this early morning mess are more beeps and flashing red lights than a dance club. It's absolutely frightening.
However, according to recent statistics reported by the Illinois Department of Transportation, accidents are much more likely to occur late at night or early in the morning. While the hours between midnight and 3 a.m. only accommodate about 3.5 percent of the traffic on Illinois roads, they see around 16 percent of its traffic fatalities.
When you extend those hours back and look at the space of time between 9:00 p.m. and 3:00 a.m., we're talking about 30 percent of the road fatalities in Northern Illinois. And rush hour? Between 6:00 and 9:00 a.m, only around 9 percent of fatal crashes occur. While bad drivers may appear more often during this time, the deadly drivers seem to wait until later at night.
The numbers above are based on fatal crash statistics recorded between 2005 and 2008. Most of the accidents between 9:00 p.m. and 3:00 a.m. were attributed, at least in part, to alcohol or a failure to buckle up.
According the report, the hours between 12:00 and 3:00 a.m. — when bars are closing and patrons are determining how best to get home — are the most dangerous time to be on the road.
Though cell phone use and driver distraction have gained a lot of buzz lately, there's still something to be said about driving sober and buckling up. This year, during certain holidays such as the Fourth of July =, Illinois will employ late night checkpoints and designated DUI patrols to temper these numbers.
It is part of an ongoing push to curb preventable car accidents and road fatalities. Paired with legislation restricting texting and mobile device use in the car, there seems to be a re-ignited dedication to make the roads safer.
As for drinking and driving, many are predicting the creation, and mass application, of new technology that will gauge blood alcohol content (BAC) and keep inebriated drivers from leaving in their cars. Such devices already exist to a certain degree in the form of ignition interlock devices, but use has yet to become widespread.
As it stands, such devices are almost exclusively used for convicted offenders. There is no way to prevent first-time drunk drivers, or those who have not been caught before, from getting behind on the wheel and on the road.
Still law enforcement is hopeful that they will be able to put significant dents in road fatalities by increasing vigilance and pressure on drivers to ride safely.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
However, according to recent statistics reported by the Illinois Department of Transportation, accidents are much more likely to occur late at night or early in the morning. While the hours between midnight and 3 a.m. only accommodate about 3.5 percent of the traffic on Illinois roads, they see around 16 percent of its traffic fatalities.
When you extend those hours back and look at the space of time between 9:00 p.m. and 3:00 a.m., we're talking about 30 percent of the road fatalities in Northern Illinois. And rush hour? Between 6:00 and 9:00 a.m, only around 9 percent of fatal crashes occur. While bad drivers may appear more often during this time, the deadly drivers seem to wait until later at night.
The numbers above are based on fatal crash statistics recorded between 2005 and 2008. Most of the accidents between 9:00 p.m. and 3:00 a.m. were attributed, at least in part, to alcohol or a failure to buckle up.
According the report, the hours between 12:00 and 3:00 a.m. — when bars are closing and patrons are determining how best to get home — are the most dangerous time to be on the road.
Though cell phone use and driver distraction have gained a lot of buzz lately, there's still something to be said about driving sober and buckling up. This year, during certain holidays such as the Fourth of July =, Illinois will employ late night checkpoints and designated DUI patrols to temper these numbers.
It is part of an ongoing push to curb preventable car accidents and road fatalities. Paired with legislation restricting texting and mobile device use in the car, there seems to be a re-ignited dedication to make the roads safer.
As for drinking and driving, many are predicting the creation, and mass application, of new technology that will gauge blood alcohol content (BAC) and keep inebriated drivers from leaving in their cars. Such devices already exist to a certain degree in the form of ignition interlock devices, but use has yet to become widespread.
As it stands, such devices are almost exclusively used for convicted offenders. There is no way to prevent first-time drunk drivers, or those who have not been caught before, from getting behind on the wheel and on the road.
Still law enforcement is hopeful that they will be able to put significant dents in road fatalities by increasing vigilance and pressure on drivers to ride safely.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
Monday, June 14, 2010
Texting While Driving
In late May, the Illinois House passed a bill that bans motorists from sending, receiving or reading text messages, emails or instant messages on a cell phone, PDA or computer while driving. It also prevents drivers from accessing the Internet while behind the wheel. The bill was proposed partially in reaction to a 2006 accident involving a teen driver who hit and killed a bicycle rider in Urbana while attempting to download ringtones to her cell phone.
If signed into law by the governor, the police would be empowered to pull over drivers suspected of violating the law, making it a primary offense. (Some states that have passed the law only permit the police to fine drivers for texting if they were pulled over for violating another law, like speeding.) Drivers caught violating the law may be subject to fines between $75 and $500.
The bill also provides a number of exceptions for situations in which drivers would be permitted to text, including:
In emergency situations to contact the proper authorities
In cases where the driver was using a hands-free or voice-activated device
When the driver was parked on the shoulder of the road
When the driver was stopped in traffic and has the vehicle in neutral or park
Additionally, police officers and other emergency personnel may text while driving so long as it is done while performing official duties. Commercial drivers also may read messages displayed on permanently installed communication devices in their commercial vehicles.
The bill does not prevent drivers from using GPS, navigation or other devices physically or electronically integrated into their vehicles while driving — even though some legislators felt these devices should be included in the ban.
Distracted Drivers Prove Lethal on the Road
House Bill 71 was passed in response to the growing number of traffic accidents in the state caused by distracted drivers. The Illinois Department of Transportation (IDOT) attributes more than 1000 accidents in 2008 to distracted drivers.
Nationally, the National Highway Traffic Safety Administration (NHTSA) estimates 25% of all auto accidents are caused by distracted drivers. NHTSA also has conducted studies showing that cell phone use while driving leads to degraded driver performance and significant cognitive distraction. In other words, if a driver is concentrating on typing a text message or calling the office, the driver is not paying full attention to the road or other drivers.
As the available types of portable technology continue to increase, laws fall further behind in regulating their use. Drivers now have cell phones, PDAs, GPS and navigation systems, televisions, DVD players and computers vying for their attention while driving.
As of June 2009, 14 states have passed complete bans on texting while driving. Eight additional states have passed partial bans, which generally prevent young drivers from texting while operating a motor vehicle.
Contact an Experienced Attorney Today
If you have been injured in a car accident caused by a distracted driver, contact an experienced attorney today. If your vehicle was damaged in the accident, a personal injury attorneys can work with you to file your claim with the appropriate insurance companies. He or she also can help make sure you are seen by the proper health care professionals to evaluate and treat your injuries.
Most importantly, an attorney can file a personal injury suit against the person responsible for the accident to help you recover any out-of-pocket expenses from the accident, including unpaid medical expenses, lost wages and insurance deductibles, working with other professionals to investigate and reconstruct your accident to help build the best possible case on your behalf.
If signed into law by the governor, the police would be empowered to pull over drivers suspected of violating the law, making it a primary offense. (Some states that have passed the law only permit the police to fine drivers for texting if they were pulled over for violating another law, like speeding.) Drivers caught violating the law may be subject to fines between $75 and $500.
The bill also provides a number of exceptions for situations in which drivers would be permitted to text, including:
In emergency situations to contact the proper authorities
In cases where the driver was using a hands-free or voice-activated device
When the driver was parked on the shoulder of the road
When the driver was stopped in traffic and has the vehicle in neutral or park
Additionally, police officers and other emergency personnel may text while driving so long as it is done while performing official duties. Commercial drivers also may read messages displayed on permanently installed communication devices in their commercial vehicles.
The bill does not prevent drivers from using GPS, navigation or other devices physically or electronically integrated into their vehicles while driving — even though some legislators felt these devices should be included in the ban.
Distracted Drivers Prove Lethal on the Road
House Bill 71 was passed in response to the growing number of traffic accidents in the state caused by distracted drivers. The Illinois Department of Transportation (IDOT) attributes more than 1000 accidents in 2008 to distracted drivers.
Nationally, the National Highway Traffic Safety Administration (NHTSA) estimates 25% of all auto accidents are caused by distracted drivers. NHTSA also has conducted studies showing that cell phone use while driving leads to degraded driver performance and significant cognitive distraction. In other words, if a driver is concentrating on typing a text message or calling the office, the driver is not paying full attention to the road or other drivers.
As the available types of portable technology continue to increase, laws fall further behind in regulating their use. Drivers now have cell phones, PDAs, GPS and navigation systems, televisions, DVD players and computers vying for their attention while driving.
As of June 2009, 14 states have passed complete bans on texting while driving. Eight additional states have passed partial bans, which generally prevent young drivers from texting while operating a motor vehicle.
Contact an Experienced Attorney Today
If you have been injured in a car accident caused by a distracted driver, contact an experienced attorney today. If your vehicle was damaged in the accident, a personal injury attorneys can work with you to file your claim with the appropriate insurance companies. He or she also can help make sure you are seen by the proper health care professionals to evaluate and treat your injuries.
Most importantly, an attorney can file a personal injury suit against the person responsible for the accident to help you recover any out-of-pocket expenses from the accident, including unpaid medical expenses, lost wages and insurance deductibles, working with other professionals to investigate and reconstruct your accident to help build the best possible case on your behalf.
Friday, June 4, 2010
Illinois Speed Limit to Increase?
The Illinois Senate Executive Committee voted 7-5 last month to advance a bill increasing the speed limit for all vehicles on interstates to the Senate floor. SB 3668 would increase the speed limit to 70 mph, except in Chicago and surrounding areas.
While the bill's sponsor, Sen. Dale Risinger, told the State Journal-Register that higher speeds don't increase the crash rate, safety advocates disagree. Illinoisans not unexpectedly look to neighboring Iowa for answers, since Iowa raised its speed limit from 65 to 70 mph in 2005. Researchers at Iowa State University analyzed the impact of increasing the speed limit on speed, traffic volume and public safety. The study conducted two years after the change took effect found that serious crashes involving fatalities or major injuries increased by 15 percent, but researchers tempered their conclusion by noting that annual variations in crash frequency and severity may account for this increase. With respect to cross-median crashes in the first six months after Iowa's speed limit increase, the increase was statistically significant, but has declined to earlier levels since that time.
If the Iowa experience is somewhat inconclusive, a broader study by the University of Illinois School of Public Health is not. That study, encompassing numerous states and various speed limits, found that higher speed limits lead to more fatalities. Researchers attributed 2,545 deaths and 36,582 injuries in fatal crashes to increases in speed limits from 1995 to 2005. The highest rate of increase — 9.1 percent — was observed on rural interstates where states had increased speed limits to 70 or 75 mph.
Research specifically addressing the impact of higher speed limits on tractor-trailer crashes is sparse, but because of differential braking requirements due to their weight, tractor trailers are believed to pose greater risk at higher speeds. The Insurance Institute for Highway Safety conducted a study in 1991 that demonstrated that the proportion of trucks exceeding 70 mph was twice as high in states with an undifferentiated 65 mph speed limit for all vehicles than in states with a 65/55 mph split for cars and large trucks. This study helps explain why many safety advocates prefer to see different speed limits for cars and large trucks.
Disclaimer: All data and information provided on this site is for informational purposes only. Franks, Gerkin & McKenna, P.C. makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis and is not intended as legal advice. Even though Franks, Gerkin & McKenna is a law firm and the information on the blog relates to legal topics reading this blog does not create an attorney client relationship. By using the blog, you agree and understand that the information does not constitute legal or other professional advice and no privileged relationship is created. Do not consider the blog a substitute for legal advice from a qualified attorney.
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