Author: Rocco Motto

by Rocco Motto

Don’t Make These Mistakes if You Are in a Car Accident

Being in a car accident is so traumatic that a driver or passenger can lose their judgment in the immediate aftermath. This is understandable. No one plans on being in a car accident, and the disruption is jarring. But it’s essential that if you are in an accident, you keep your cool and make the right decisions, even under extreme duress. The wrong decisions can make you vulnerable for legal action and financial loss down the road. Our firm has decades of experience representing people in personal injury cases, including those involving car accidents. Based on our experience, here are some mistakes you absolutely need to avoid:

• Leaving the scene. Never leave the scene of an accident. In Illinois, it is illegal to leave an accident scene that results in any of these outcomes: damage to a vehicle, personal injury, or death. In Iowa, it is also illegal to leave the scene of an accident involving damage to a vehicle, personal injury, or death. Don’t make the mistake of assuming, “It’s just a fender bender – how serious can this be?” and leave. If you hit a parked car, and the owner of the other car is not present, wait for as long as you can for them to return. If it’s not feasible to wait, leave your contact information, place the information securely on their windshield, and take a photo of the damage before you leave so that you have an accurate record of the damage. But leaving a note is only to be done in extreme measures – say, in an emergency. Even if you are willing to take your chances with Illinois or Iowa law by leaving the scene of an accident, you could create more serious problems for yourself from a liability standpoint especially if someone (or a security camera out of sight) witnesses your action. Just don’t do it.

• Ignoring medical attention. If you have been injured, get medical attention. Don’t self-diagnose an injury. Some injuries, such as head trauma and neck pain, don’t manifest themselves right away. You may not appreciate just how seriously you have been injured until you see a doctor. Moreover, waiting too long to get medical attention could make it difficult for you to get compensated if you file an insurance claim.

• Admitting wrongdoing. Even if you are sure you are at fault, don’t admit to any wrongdoing whatsoever. Whatever you say could be used against you if the other party decides to file a personal injury lawsuit. Admitting wrongdoing and apologizing will set yourself up for financial loss down the road. Besides, how can you be completely sure you were at fault? For example, what if it turns out the other driver was driving while intoxicated?

• Refusing a field sobriety test. If police officers on the scene ask you to submit to a field sobriety test, refusing to do so will result in the loss of your driving privileges in Illinois and the loss of your driving privileges in Iowa. If an investigating officer believes there is cause to test you, comply.

• Failing to document what happened. Document everything. Take photos. Take notes. Ask if anyone nearby witnessed what happened, and get their contact information in case your insurance company or attorney needs to speak to them. Ask any businesses nearby if their security cameras might have recorded the accident. It’s important you document what you can immediately. You need to have a fresh record of what happened before the scene is cleared up and evidence of damage is gone.

• Trying to handle everything yourself. Get help. Don’t try to work everything out with the other driver, even if they seem cooperative and friendly. Call the police so that there is an official record of what happened. Also, in Illinois and Iowa, each driver involved in an Illinois traffic crash must file a crash report if the crash caused a death, bodily injury, or more than $1,500 of property damage when all drivers are insured. It’s best to simply report the accident and not play amateur legal expert. If the other driver takes legal action against you, take it seriously and get legal help. Don’t go it alone.

• Posting on social media. We have seen incidents in which people involved in accidents openly talked about what happened on social media. Their social posts were used against them in legal proceedings. Even if your social settings are set to private, an insurance company can legally get access to your content and use it against you. Even if you post what seems to be innocent information, an insurance company could use it against you. For example, photos of the scene and details about any injury you suffered could be used by the insurance company to deny your claim or to argue that you were not seriously injured. Expressing anger, frustration, or sadness about the accident could be used against you in court.

• Not following up with your insurance company. If you’ve been injured in a car accident, it’s important to keep your insurance company updated on your medical treatment and progress. You should also make sure that they are aware of any expenses you’ve incurred as a result of the accident. Also, promptly report the accident to your insurance company and provide all necessary documentation. Failing to report the accident promptly can complicate the claims process.

• Settling too quickly. Insurance companies often lowball settlement offers. It’s important to get an attorney to review your case before you accept any settlement.

• Not documenting injuries and expenses. Keep detailed records of your injuries, medical treatments, and expenses related to the accident. This documentation will be essential for insurance claims and potential legal actions.

• Not seeking legal advice. If the accident involves significant injuries, damages, or complex legal issues, it’s advisable to consult with an attorney. They can provide guidance on navigating the legal process, protecting your rights, and maximizing your chances of a fair settlement.

If you believe you need legal help in the aftermath of an accident, call Capron Avgerinos & Heinlen now at (312) 346-6444. We have been representing our clients for decades. We are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.

by Rocco Motto

How to Evaluate an Attorney if You’ve Been in a Car Accident

If you are in car accident, it’s important to take steps to protect yourself legally, and I recently wrote about 13 specific things to do. You might require the assistance of an attorney in the aftermath of a car accident. If you do, please choose carefully. Unscrupulous people can be found in every profession, and the law is no exception. Fortunately, our firm has decades of experience representing people in personal injury cases, including those involving car accidents. So, how do you know you’re dealing with a good firm? Here are some ways to evaluate:

• Did they cold-call you out of the blue? This is a red flag. Solicitation of clients is prohibited in Illinois and Iowa. But this does not stop attorneys from trying to drum up business by cold calling accident victims. Cold calling is often associated with aggressive solicitation practices. If you decide to accept a cold call, exercise extreme caution. Be careful about the attorney’s motivations, and take a very close look at public ratings from clients.

• When you have a consultation, do they listen to you, show empathy for your concerns, and provide clear explanations? Or do they simply focus on the money they might make in a settlement? Choose someone who can communicate complex legal concepts in a way you can comprehend. Attorneys who come across as impatient might be too focused on closing a case and cashing in. They might not have your best interests at heart.

• What examples can they cite of their work? Visit their website. Look for case studies that demonstrate their expertise. Look for specific examples relevant to car accidents. It’s important that the attorney possess personal injury expertise specific to car accidents.

• What ratings do they get from clients? Read closely their reviews on social media and Google. Star ratings, while helpful, are not as useful as a review that provides some commentary on why a client rated an attorney they way they did. Ratings/reviews are not the end-all and be all – in fact, some of them can be off topic. Read them critically. In addition, check the attorney’s website for actual client testimonials. (Here are some of ours.)

• Are they clear about their fee structure? Some attorneys, as our firm does, work on a contingency fee basis, meaning they only get paid if they win your case, while others charge hourly rates or a flat fee. Clarify the payment terms and any additional expenses or costs you might be responsible for.

• Do they overpromise? Beware of attorneys who guarantee outcomes. Ethical attorneys should provide an honest assessment of your situation, outlining the strengths and weaknesses of your case without overpromising results.

• Do they have access to specialists such as accident reconstruction specialists, insurance experts, and medical professionals if needed? Good attorneys with deep experience in handling car accidents can connect you with people who can help you beyond legal representation. An attorney who lacks access to resources is not necessarily a bad attorney – but they’re going to be less helpful to you than one who does.

If you believe you need legal help in the aftermath of an accident, call Capron Avgerinos & Heinlen now at (312) 346-6444. We have been representing our clients for decades. We are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.

by Rocco Motto

Two New Cases of Legionnaires’ Disease Linked to an Illinois Gym

Two new cases of Legionnaires’ disease have been documented in Illinois, drawing attention to the dangers of this dangerous illness. The incidents have been linked to an L.A. Fitness workout center in Niles, near Chicago.

Legionnaires’ disease is a respiratory illness caused by exposure to Legionella bacteria. It is typically contracted from hotels, motels, apartment buildings, office buildings, warehouses, production facilities, nursing homes, hospitals, and other places when people breathe in small droplets of water containing bacteria which has grown in improperly designed or maintained building water systems.

The Illinois Department of Public Health is investigating the Niles gym. The county and state confirmed that Legionella bacteria had been found in a hot tub. This incident occurred only months after a cluster of Legionnaires’ disease cases broke out in Burbank, Illinois. In 2021, Illinois reported 522 cases of Legionnaires’ disease statewide, and 227 from January to September 2022.

Legionnaires’ disease cases are rare, but they can have a devastating impact. For more insight about Legionnaires’ disease, read this Q&A on our website.

Capron Avgerinos & Heinlen has collected millions of dollars on behalf of individuals and the families of individuals who have contracted Legionnaires’ disease. Legionnaires’ disease cases require a specialization that most attorneys do not have. If you or someone you know in Iowa or Illinois contracts this terrible disease, Capron Avgerinos & Heinlen can help you. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.

by Rocco Motto

What to Do if You Are in a Car Accident

Everyone thinks car accidents happen to someone else until it happens to them. There were 5.25 million crashes reported to the police in 2020, the most recent year that the Department of Transportation reported this data. In 2022, 42,795 people died in motor vehicle traffic crashes. The odds could catch up with you some day, especially if you in urban area such as Chicago. So, what should you do if you are in a car accident?

If you are involved in an accident – even if you were not behind the wheel when one occurred – it is essential that you take appropriate steps in the immediate aftermath. If you don’t, your trauma could be compounded by costly legal action against you. Here is what you need to do when an accident happens:

• Check for injuries, and get medical help if someone is hurt. The first thing to do after a car accident is to check yourself and your passengers for any injuries. If anyone is hurt, call for medical help right away. If you have suffered what seems like a minor injury, consider getting medical attention of some kind within the next few days. Some injuries, such as head trauma and neck pain, don’t manifest themselves right away. You may not appreciate just how seriously you have been injured until you see a doctor. Moreover, waiting too long to get medical attention could make it difficult for you to get compensated if you file an insurance claim. 

• Get to safety. If your car is drivable, move it off the road. If doing so is not possible, make sure you are out of harm’s way. In an urban setting such as Chicago, there may be a lot of traffic and pedestrians — so it’s important to move your vehicle to a safe location as quickly as possible to prevent further accidents. It is not uncommon for people in an accident to suffer serious injury or death from oncoming traffic after the accident occurs – tragedies that could have been avoided by the accident victim remembering to move to safety. 

• Call the police. Get police on the scene. They will verify what happened with a police report, which you may need later. The police presence may also be necessary to keep everyone calm. You might wonder whether it’s necessary to report even a minor fender bender to the police. Requirements vary by state. In Illinois, each driver involved in an Illinois traffic crash must file a crash report if the crash caused a death, bodily injury, or more than $1,500 of property damage when all drivers are insured. If any driver does not have insurance, the threshold is $500. But in the immediate aftermath of an accident, it might not be clear how much damage has been caused. It’s best to err on the side of caution. Report even a minor fender bender. 

• Stay calm. However upset you are, take a deep breath and stay focused on what you need to do to be safe and to protect yourself. You may be upset that someone else has damaged your car, but by no means should you lash out at the other driver. 

• Never admit wrongdoing. Do not apologize or admit fault, as this can be used against you in any legal proceedings. Even if you’ve damaged someone else’s car, be very careful about what you say. Focus on what you need to do next, not on whether you believe you are in the wrong. 

• Exchange information. Get information from the other driver, most importantly their insurance cards, driver’s licenses, and contact information. A quick way to get most of what you need is to photograph each other’s insurance cards and driver’s licenses.

• Take photos and video. Document visually as much as you can, including the damage done to vehicles, scene of the accident, injuries sustained, and any pertinent information such as visible ice on the road. Do so immediately, not after the fact. 

• Find out of the accident was recorded. In addition to taking a visual record of the accident’s aftermath, check to see if someone recorded it actually happen. Nowadays, there are cameras everywhere – such as security cameras on homes or businesses, traffic lights, police cameras, or even dashboard cameras on your or nearby vehicles. Or someone might have recorded the accident on their mobile phone. See if anyone in the immediate vicinity recorded the accident. Ask bystanders. Consult with neighbors and businesses that might have security cameras installed on their property. Take immediate steps to gather or preserve that video if you find it. Oftentimes security cameras automatically purge video after a finite period of time, and if it is not preserved it can be lost.

• Get contact information from any witnesses. In many car accident cases, both parties allege the other driver did something wrong. Having the contact information of someone else who was on scene provides you protection if a case arises out of the accident and you need someone to corroborate your version of events. Make sure you act quickly, though, before witnesses leave the scene.

• Keep a diary. Diary everything that happened, including expenses incurred and when/where the accident occurred. You may need this information if it becomes necessary to seek an attorney’s counsel.

• Contact your insurance company. Regardless of who is at fault, contact your insurance company. At the very least, doing so gives you a chance to describe in your own words what happened early on while your memory of the incident is clear. If your accident occurred in a city such as Chicago, there may be more complex insurance issues to consider, such as no-fault insurance or uninsured motorist coverage. Your insurance company can help guide you through the process.

• Be vigilant. Don’t assume everything that happens next will go smoothly. Sure, for a minor fender bender, chances are that the situation will resolve itself quickly and routinely. But don’t assume anything. Stay on top of your insurance company to ensure that the follow-through is happening to your satisfaction. Make sure you get that police report on file. In a serious accident, be prepared to consult a personal injury attorney.

• Avoid posting on social media. Avoid going on social media to discuss the details of your accident. What you share on social could become discoverable and used against you should any legal action happen.  

If you believe you need legal help in the aftermath of an accident, call Capron Avgerinos & Heinlen now at (312) 346-6444. We are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you. 

by Rocco Motto

Working In the Heat

Extreme heat means air conditioning, ice cream, water parks, and . . . an increase in work injuries. According to The New York Times, the data suggest that heat increases workplace injuries by making it harder to concentrate, leading to injuries from falling, being struck by vehicles or mishandling machinery.

The data suggests that when the temperature was between 85 degrees and 90 degrees Fahrenheit, researchers found that the risk of workplace injuries was 5 to 7 percent higher than days where the temperature was in the 60s. Even more alarming, when the temperature exceeds 100 degrees, the overall risk of injuries was 10 to 15 percent greater.

Occupational Safety and Health Administration

The Occupational Safety and Health Administration (OSHA) concludes that workers become overheated from two primary sources: (1) the environmental conditions in which the employees work and (2) the internal heat generated by physical labor. Heat-related illnesses occur when the body is not able to lose enough heat to balance the heat generated by physical work and external heat sources.

OSHA provides the following protective measures:

• Drink water often (about 4 cups/hour).
• Take frequent breaks in a cool, shaded area.
• Limit physical exertion.
• Adjust work activities.
• Watch/communicate with workers at all times.

Arising Out of and In the Course of Employment

Workers who suffer heat related injuries and illnesses may be able to recover workers’ compensation benefits. Under the Illinois Workers’ Compensation Act, in order to receive workers’ compensation benefits, an employee does not need to show that the employer is at fault. Rather, the person filing the claim needs to have been an employee at the time of the injury, and the injury needs to have arisen out of and in the course of employment.

Call Capron Avgerinos & Heinlen

Call Capron Avgerinos & Heinlen now at (855) 208-3904 if you need help with a workers’ compensation case in Illinois or Iowa. As your Illinois and Iowa Injury Network, we are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your clam. Call Capron Avgerinos & Heinlen and let us show how we can deliver results for you.