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

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 Capron Avgerinos & Heinlen

“I Am Motivated to Do Right by Our Clients”: A Conversation with Matthew Heinlen

Congratulations to Matthew Heinlen, our new partner! We thought we’d learn more about the man whose name is now officially on our letterhead. We sat down with Matthew to ask him a few questions. Read on for personal insight from Matthew Heinlen – including why he began to practice law, the lessons he’s learned, and what motivates him today. 

What inspired you to enter the legal profession? 

The legal profession was always in my blood. I just didn’t know it until college. 

When I was coming out of high school, I was accepted into the engineering program at the University of Illinois. Over four years, I toiled away in lecture halls, labs, design projects, and internships. I appreciated the analytical rigor required to excel at engineering. But when I took elective classes, I felt myself drawn to law-related topics.

I realized that the law required not only analytical skills but a passion for people, and this appealed to me. So, while I was proud to achieve a Bachelor of Science in Engineering from one of the premier engineering colleges in the country, I knew that when it came time to take my next step, law school was what I wanted to do.

My engineering degree gave me a strong foundation to sharpen the problem-solving skills needed to be an attorney. But the University of Illinois College of Law is where everything clicked – where I could combine analytics with my interest in serving people. I knew that the legal profession was my future.

You spent more than seven years with the Cook County State’s Attorney’s office after law school. How did that experience shape you?

There is no better proving ground for being an attorney than the criminal courtrooms of Cook County, Illinois. I developed skills there that I put into practice every day. I also developed an empathy for people. I worked with hundreds of victims. Victims of physical and emotional crime, business owners victimized by crime, countless family members and concerned citizens desiring justice, and many more. I began to understand what it means to be hurt by someone else’s wrongdoing. That empathy stays with me today when I represent our clients at Capron Avgerinos, and Heinlen. 

Working in the state’s attorney’s office also honed my skills as a trial lawyer in a fast-paced environment. When you take a case to trial, you need to bring your A-game every time. Doing that means managing many complex moving parts and interacting well with different people, including victims you represent, witnesses, police officers, judges, and attorneys that you practice with and against. The analytical and people skills I developed in college were taken to a whole new level of learning.

Why did you join Capron Avgerinos & Heinlen?

When I left the state attorney’s office and considered what my next step would be, the one thing that I kept coming back to was the desire to continue to represent victims of wrongdoing. In our practice, I still feel I wear the white hat. I am able to represent people who need help. Not victims of crimes, but people who have been wronged by someone else or who need to be represented in a workers’ compensation claim.

Capron Avgerinos & Heinlen gave me the opportunity to stand up for people who are not in a position to stand up for themselves without getting legal help. 

What lessons have you learned as an attorney at Capron Avgerinos & Heinlen?

My biggest takeaway is seeing the extreme contrast in power that exists between petitioners and plaintiffs and the insurance companies that they have to deal with after accidents and injuries – especially in workplace accidents.

The systems are already foreign and overwhelming to an injured person. Having an attorney allows the injured person to even the playing field. But the pressure that employers put on their employees to toe the company line and “be team players” leads to a reticence to do so.

Oftentimes, someone filing a workers’ compensation claim is taking on a boss or a former boss. They may get pressure not to file a case. Or the employee might be pressured to accept a less-than-ideal result. These experiences have strengthened my resolve to help our clients achieve the outcome they deserve.

I’ve also learned how to listen and understand the reasons someone might call on an attorney for help. Behind every case is someone with human wants and needs. Like getting their lives back. Achieving closure when a loved one dies. It’s important to listen first and show empathy. There is no script for being a good attorney.

What inspires you now? 

I am motivated every day to be empathetic to our clients and pursue justice on their behalf. I hope that every time a client talks with me that they hear in my voice that they are more than just a file in my file drawer. That I care deeply for what they are dealing with. I am motivated to do right by them, and obtain the best result possible on their behalf.

Where do you see Capron Avgerinos & Heinlen headed? What’s your vision for Capron Avgerinos & Heinlen?

Capron Avgerinos & Heinlen has an amazing foundation, and one that does not need rebuilding. My vision for the future of our firm is continued modernization and growth in technology, while continuing to provide the same excellent service and representation that we have for the last 30 plus years to our clients.

The world has changed during the pandemic. The entire legal profession has been affected by the uptake of virtual technologies. We were already headed in this direction. We’d long ago learned how to develop a rapport with a client when you cannot meet face to face. Now we’re harnessing technology in a more fluid way, whether we’re having a videoconference, texting, communicating with secure emails, or talking on the phone. We’re also getting nimbler with the use of the cloud to retrieve and analyze information quickly 24 hours a day, seven days a week. The days of reviewing paper-intensive files are done. 

Technology needs to support how we work by delivering personal service. Clients tell us all the time that they cannot believe how quickly they can talk with someone here. Some companies rely on intake specialists to screen all queries from potential clients. We don’t do that. When you call us with a case, the person who answers the phone may very likely be person who will handle your case. We like to hear from our clients. We like to know what is going on with your case. Technology needs to support that personal and responsive way we work. 

What are your personal interests?

My personal interests mostly revolve around my family. I have an amazing wife and three wonderful children who have their own busy lives. So, when I have free time, it is typically focused on them, and being the best father I can be.  I also love sports – particularly my Fighting Illini and the White Sox. I play 16” softball and try and golf when time allows. I love to learn, and to that end I read a lot and listen to a varied assortment of podcasts.

What’s the last good book you read, and why?

The last good book of fiction that I read was called “How Lucky,” by Will Leitch. It is a wonderful story about a severely handicapped man. He is one of the more dynamic, interesting, and inspiring characters that I have had the opportunity to discover in a novel. I was heartbroken to finish his story.

The last great nonfiction book I read was “The Baseball 100,” by Joe Posnanski, my all-time favorite author. If Joe writes something, I read it. I have a deep love the game of baseball, its impact on our country’s history, and its impact on fans young and old. This book “hit it out of the park.”  Posnanski attempts to rank the Top 100 baseball players of all time, and in doing so writes 100 essays that go so much deeper than an examination of their baseball reference page would allow.  I cannot recommend this book enough.

Thank you, Matthew, for taking the time!