Levinson and Stefani Injury Lawyers

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Ken Levinson

Chicago Introduces New Transportation and Mobility Task Force

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As Chicago continues to make changes to the city’s overall transportation landscape, residents might be given the option of electric scooters as transportation sooner than expected.

Mayor Rahm Emanuel recently announced the creation of a new transportation and mobility city task force that is chaired by the former secretary of the U.S. Department of Transportation, Ray LaHood. The goal of the task force is to develop guidelines and goals that will help regulate and manage new modes of transportation as they continue to be introduced to the city.

As mentioned in a previous post, the city of Chicago is hoping to avoid some of the issues other cities have been dealing with due to the rapidly rising popularity of electric scooters and scooter-sharing companies. The task force plans to create regulations necessary to introduce electric scooters to the city as smoothly as possible. Now that Lyft and Uber have begun to embrace the movement, with plans to launch their own scooter services in cities nationwide, Chicago hopes that there will be plans set in place soon to allow residents the option of scooter-sharing. Not wanting to repeat the mistakes other cities have now had to scramble to fix, Chicago believes this task force is the best approach to introducing and enforcing regulations that lay the best foundation for when the city decides to give the greenlight on scooter-sharing.

Experience is the operative word at the Ford Teen Safe Driving Day

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Nothing in life prepares you quite like experience. Some of us learn the hard way. In other cases, the hard way isn’t necessarily so hard thanks to some great teachers and lots of practical lessons.

I recently brought my eldest boys—18 and 16, respectively—to the Driving Skills for Life Course at the DuPage County airport, sponsored by Ford Motor Company. Ford puts on this local event each summer for at least two reasons: the first is brand visibility (let’s not be coy about that); the second is much more sensible, especially for teens that might be pre-disposed to the so-called need for speed.

Not unlike what you might expect at a NASCAR event, Ford sets up shop on a flat course of wide lanes and asphalt. It reminded me of a scene straight out of Days of Thunder—the bright orange cones, the heavy drum coming from the exhaust pipes of sleek Mustangs. The initial impression I got was one of pure adrenaline.

But Ford’s intention isn’t some kind of stunt-driving fantasy-come-to-life. This is very much about the mechanics of safe driving, albeit with a heart-thumping twist. Me and my boys had the opportunity to soak in some demos, sit in on a few group discussions with experts, and eventually hit the pavement. What I enjoyed most: Watching my boys test out a few things they wouldn’t otherwise get the chance to do themselves, from within the setting of a controlled environment. As someone who advocates for safe roads and better driving, I found this to be an invaluable reminder—for me and my boys—of the power that cars possess and the responsibilities that come with it.

Here are just some of things we learned, with input from my boys:

Lecture: Learning from Life: A Series of Misadventures as Told by Professionals
“My biggest takeaway was learning about what to do when someone gets into a car crash,” said my 16-year-old Leo, who just received his first driver’s license. “You think you should do one thing, but lots of times it’s about doing the opposite. I think the most important thing to remember was to stay calm and make sure no one is hurt. I also found it really helpful that this was coming from local police officers about real life driving experiences. If anyone knows, it’s them.”

Lecture: Distracted Driving
“They gave us the goggles,” Leo said, referring to the infamous “Drunk Specs,” the ones that simulate what it’s like to drive while intoxicated. “It’s like driving in a cloud. You can’t see a thing. It’s scary and crazy to think that people risk their lives in such a careless way. Losing control of my senses is one thing I never want to experience, especially when I’m driving.”

Demo: Virtual Reality
This one was probably more interesting for me, as VR is becoming a popular education tool. The simulation was quite surreal. After popping on the headset, I was suddenly transported to Barcelona, scooting along on a two-wheeler through narrow streets, amidst gorgeous views of the countryside. Then, a car pulls out and nearly knocks you on your rear. The idea is to put you in a position to anticipate danger before it happens, like a car pulling out of parking spot, for example, or a car door flung in your riding path. Certainly, the practice had all the makings of real-life riding experience, without the dismal outcome of an injury.

Demo: A Last-Second Lane Change
“The lane-change drill tested reaction time and vehicle control,” said my oldest boy Spencer. “You accelerate fast toward three red lights at the end of parking lot. Just before the single lane merges into three separate lanes, one of the lights turns green, leaving you one opportunity to swerve just in time to avoid an imaginary pile-up.

“Before, I probably would’ve hit the brakes at the sight of a highway pile-up,” Spencer told me later. “I hadn’t even thought about swerving into the nearest open lane to avoid hitting something in front of me or causing the car behind me to collide with my rear bumper. That was surprising.

“As was explained to me by my driving instructor, drills like this one save lives. Slamming on the brakes is no longer the only tool in my arsenal to defend me from a crash. Swerving, sometimes, is a much safer option. This is only one of the drills I got to participate in, but this alone made the day well worth it.”

Demo: Turning Out of a Spin
Maybe the most fun and most valuable of the bunch. Those who take part get an opportunity to test out a Mustang and learn the proper way to handle a spin with a professional in tow.

This is all done with a pro, of course, on a diminutive level in a controlled environment. Parents watch with the assurance that safety comes first. And best of all, the kids come away with a new appreciation for what machines can do. I asked my boys what they thought, and they obliged me by summarizing a few key takeaways.

The Takeaway
Teaching young people about the dangers of driving generally boils down to a rather boring type of education, most of which gets summarized in graphs and dated public service videos. Somewhere along the way, people determined that the best way to deter young people from making poor decisions was to scare them into a state of paralysis. Personally, it’s a style that I believe is less effective than the alternative, which is enabling them to make smart decisions.

Our day with Ford proved that we don’t need to stick to the old models of education. Drivers Ed classes are important, but perhaps more so is the actual practice of driving and getting a taste of the real-time conditions that happen on roads and streets every day. I appreciated the Ford model for embracing those types of conditions and letting teens experience it for themselves—with trained professionals and driving instructors no less. It doesn’t get more practical than that.

What are the most common delayed car accident symptoms?

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Q and A text with man using a laptop in a modern gray chair

I recently had the chance to sit down with a good friend who happens to also be a physician. Here are some of his answers to common questions related to motor vehicle accidents and injuries.

What are the most common delayed car accident symptoms?

If I had put it in order I’d say musculoskeletal because you hit something and don’t realize how hard you hit it and a day later your sore almost like working out and you are sore the next day. Sometimes an occult fracture can have more serious ramifications that occur later. An occult fracture is almost like a stress fracture or something that didn’t present on X-Rays right away

So why wouldn’t it show on an x-ray?

It’s almost like the splitting of a piece of wood. It hasn’t completely happened yet. It’s in process.

A great analogy would be a pebble hits your windshield and you just get one little speck there and a few days later you have a full blown crack.

Are certain people more susceptible to that type of injury?

The health of someone’s bones can certainly make a difference so someone middle age or older may have more of a propensity than someone younger. That would really be a pre-existing condition issue rather than something occurring just from the accident.

But certainly a preexisting condition can be aggravated?

Absolutely.

Next, sometimes it can be a traumatic brain injury that can occur later. It can be a concussion where neurologically they are intact and then later on, maybe months down the line they have intractable dizziness or they have tinnitus or they have headaches. Perhaps they never had migraines and now they do.

Also, Internal injuries, like bleeding or things like that probably happen more acutely. For example if your spleen is lacerated it would likely show up right away. However there are exceptions. Like a hematoma that decides to increase in size over time. Let’s say it’s a very small laceration of the spleen and it’s trickling blood and it’s not noticed on a CT Scan initially but days later you have a big pocket blood.

Or what if the person doesn’t go to the hospital because I don’t think it’s as severe of an injury and they don’t even have the opportunity get tested right away?

That goes without saying for any of the scenarios. And that happens a lot. People want to think the best and not feel that they are injured and if they feel ok then that seems reasonable. The problem is sometimes these are injuries that are in evolution.

The other issue we seen our practice is that if someone has one or two severe injuries like a significant fracture, another part of their body could be hurt but it’s overshadowed by the more severe injury and they don’t even realize the extent of their injuries.

Absolutely. It’s finding and figuring out what happened immediate and what is in evolution and triaging it appropriately based on the medical need.

So if someone did not go to the hospital right away and then the next day they feel soreness or pain what do you recommend medically?

I think it’s always a good idea to seek out medical care sooner rather than later because you just don’t know what you don’t know and you can’t tell if it’s soreness that’s going to go away or if it’s truly something that smoldering on the inside. So at the very least it’s good idea to go get medical care so you can rule out things. You can get medical tests, whether its x-rays or CT-Scans so you can at least doctors can tell there isn’t something going on, at least right now.

Otherwise, it can be a crapshoot. Your going to have soreness after a jarring car crash, the question is, is any of that soreness substantial with something going on internally or something that will remedy itself with rest and medication.

If someone does have this symptoms a day or two after their car crash where do recommend they get medical treatment? Emergency room, urgent care, family doctor or something else?

If you have a good primary care doctor start with a phone call there and let someone assess you that knows about you and has seen you before. Then they have a way to compare how you were before and how you are now.

Downside of Hiring an Injury Lawyer?

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I recently met with a potential client who was seriously injured. She had been working on trying to obtain a settlement with the responsible party’s insurance company before meeting with us. After exchanging some information, the liability insurance company made an offer to settle the case. The client did not feel the settlement offer was adequate, so she contacted us.

The client was concerned that she might be in a worse position even with a larger offer, by hiring a lawyer. After all, wouldn’t attorneys fees and other costs come out of her settlement

Although there are no guarantees in pursuing a case, the likelihood of being in a worse position hiring an injury law firm is slight. Let me highlight a few reasons why.

Experienced Injury Lawyers Have Experience in Calculating the Value of Your Case

An experienced injury lawyer will make sure that all factors that increase the value of your claim will be considered. For example, you might need future medical care, such as an expensive surgery, that needs to be factored in for a settlement.

Additionally, the insurance company may be discounting the settlement offer based on their false assertion that proving liability will be difficult. Sometimes the insurance company even picks an arbitrary percentage of fault, like 50%, to reduce their offer by that percentage.

An experienced injury lawyer will make sure to gather all of the relevant facts that prove your case – such as independent witness statements, photographs of the scene, surveillance videos, and other physical evidence.

Negotiating Medical Bills and Liens

Although your gross settlement amount is usually the number clients focus on, the most important factor in a settlement is the net amount a client receives. For example, your lawyer might be able to negotiate the medical liens or health insurance company reimbursements so that the client’s recovery far exceeds even a larger offer. And most law firms do not charge any additional attorneys fees to work on getting medical reimbursements decreased, even if they have to argue the issue in court.

Your Lawyer Should Work With You

Most lawyers will make sure that any previous settlement offers are factored into your fee agreement. For instance, a lawyer may discount their fee if there was an offer before they were hired. Additionally, some lawyers will only take a fee on any funds above and beyond the current offer. If not, ask why. Make sure that you discuss this issue with your attorneys before signing a fee agreement with an injury law firm. It is important to be on the same page with your attorneys from the first meeting and throughout the case.

Of course, if you have any questions or concerns about a settlement offer or any aspect of your injury case, call us for a free consultation.

If You Were Us What Would You Look for in an Attorney?

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I recently met with a family who lost a love one. They were deciding on their legal options and which lawyers to hire to help. Certainly no simple task to be treated lightly. During our initial meeting, they asked me one of the best questions a prospective client has ever inquired of me.

If you were us what would you look for in an attorney?

Many thoughts popped into my head as to how to answer this very insightful question.

Would I care most about their experience as an attorney, experience and results handling similar types of cases, firm’s reputation in the legal community, do they teach other lawyers that area of law, other achievements, perhaps writing relevant articles or “the book” in the field of law?

After selecting on my my answer, the most important thing for me would be the relationship.

Would I feel comfortable working with the lawyer and law firm throughout the case?

Do I feel comfortable and have the rapport necessary to share very personal family issues with my lawyer and their team?

Make sure that you are comfortable the lawyer who will be handling your injury case. A lawyer and firm that cares about you and your family and is responsive to your needs will achieve a far better result than one that does not get to know you and is not interested in you as a person.

Here are some other questions worth considering:

  1. What percentage of your practice is devoted to helping clients in a situation like mine?
  2. How many clients have you represented that were similar to me?
  3. How many cases like mine have you tried in front of a jury?
  4. What were the outcomes of those jury trials?
  5. Do you have any unique experience or special training or knowledge that might apply in my situation?
  6. How will you keep me informed about what’s happening with my case?
  7. What are the potential outcomes of my case?
  8. If we lose, will I be responsible for any costs?
  9. Who, specifically, will be working on my case?

Have questions? Don’t hesitate to ask.

Should I Ask My Injury Lawyer About the Possible Outcome of My Case?

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Man With Questions Marks Above Head

Of course! In fact you should be asking regularly! This should be an ongoing dialogue. There are many things that can impact your potential recovery. Let me highlight two.

1) Liability or Who Is At Fault For Your Accident and Injuries?

In virtually every case, the insurance company and their corporate lawyers strongly contest liability. They rarely admit fault even in extreme circumstances such as when a driver who hurt you was intoxicated at the time of the collision. Therefore, your attorney must gather all of the evidence necessary to prove what really occurred. Often times this may take the form of tracking down and obtaining surveillance video. This could also take the form of taking depositions or sworn statements of witnesses to the crash who can corroborate your version. As a side note, after your lawyer obtains proof that the other driver caused your injuries, oftentimes the insurance lawyers admit their client’s fault only to look reasonable in front of an unsuspecting jury. Judges normally won’t let us inform the jury that the insurance lawyers vehemently denied responsibility for years despite overwhelming evidence.

2) Damages You Sustained.

Your injuries, recovery, and medical treatment impact your potential case value. If your injuries resolve in a short period of time, your expected recovery is much different than if you need multiple surgeries, including possible future medical care, which can be costly. This is one of the many reasons to keep your lawyer fully informed of your medical treatment, including upcoming doctor and physical therapy appointments.

Perhaps most importantly, you should have regular, detailed, and honest discussions with your injury lawyer as to your goals and how to obtain them. This is a team effort.

Sometimes the outcome of your case might depend on factors that at first glance seem irrelevant. For example, the insurance limits of the driver that caused the collision. They might be insufficient to fully cover your medical bills and your lawyer must look for additional coverage such as an underinsured policy.

Keeping in regular contact with your injury lawyer as to the progress of the case, expected outcomes, and your goals is vital to making sure that you obtain a fair result. Of course, an attorney must know what your ultimate goal is so they can make sure to do everything they can to satisfy your goal. An experienced injury lawyer will be able to know if you’re expected outcome is realistic given the specific facts of your case and the applicable law that governs the case.

In short, call your lawyer today – they really care and you and need to hear from you!