How To

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!

This is Part Four of our Anatomy of a Lawsuit series. So far, we have covered hiring an attorney, investigation of your claim and getting treatment. The next stage in your lawsuit is pre-suit negotiation, often called “making a demand.”

In most personal injury cases, your attorney has two years from the date of the collision to file a lawsuit against the other driver. Often however, your attorney will try to settle your case before a lawsuit is ever filed. This happens for many different reasons; it’s more cost effective to you, it resolves your case quicker and it doesn’t unnecessarily clog up the courthouse.

A pre-suit “demand” is a letter written by your attorney to the insurance adjuster for the at-fault driver making a demand for payment. Once you have finished your medical treatment, your attorney will order copies of your medical records and bills, and then send the letter. Other documents that might be included with the demand are the police report, photographs of your injuries or your vehicle, statements from your employer about wages lost, statements from your doctors regarding the permanency of your condition, etc. The goal of this demand letter is to show the extent of your injuries, the cost of your medical treatment and any other damages you may have incurred.

Once the demand has been sent, it is customary to allow the insurance adjuster thirty days to review all the information. After a thorough review, the insurance adjuster will make an “offer” – that is, the amount of money they believe your case is worth. From here, your attorney and the insurance adjuster will negotiate a dollar amount somewhere between the demand and the offer that both parties can agree on. It’s much like buying a house or a car; there is usually a number in the middle that satisfies both sides.

In some cases, the two parties cannot agree on a number before the two years expires, or the client has such extensive injuries it takes longer than two years to finish medical treatment. In those cases, your attorney will be forced to file a lawsuit. This certainly doesn’t mean you have a bad case, or you are going to lose. Sometimes, one or both sides simply needs additional information before they can agree on a number.

It has been estimated that 99% of lawsuits, or potential lawsuits, end in settlement. Given the odds, it makes sense that your attorney would try to settle your case without filing a lawsuit. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

This is the third installment in our Anatomy of a Lawsuit series. So far, we have discussed how to hire the right attorney and the investigation undertaken by the attorney once hired.

The next topic is without doubt, the most important part of a personal injury lawsuit: getting treatment.

Emergency Room Visit

For some victims, treatment begins immediately in the emergency room, but for most people, treatment won’t begin for a couple of days when the pain isn’t going away. The first thing you should do is start a journal or a log. It doesn’t have to be fancy, a small notebook or a Word document will do. You should track the name of the doctor or facility, the date, your symptoms, the diagnosis, any medication prescribed, and the recommended follow up care.

Medical Records

We oftentimes see medical records that contain errors or discrepancies from what the patient or doctor said. Some doctors dictate a recap of your visit which is typed up by another person, others use real time charting with a series of clicks and check marks. Humans are not infallible and mistakes happen. Having your own log to compare to your medical records can help your attorney get you the best possible recovery.

Follow-Up With Treatment

The next thing to do is follow through with treatment! Skipping appointments, or taking months to have recommended treatment completed will hurt your case in the long run. The attorney for the at-fault driver will use these gaps in treatment to try and minimize your injuries, or make it appear that are lying about the severity of your injuries. If your primary care provider recommends physical therapy twice a week for six weeks, get it! If they tell you to follow-up after physical therapy, do it! Too often, we push through the pain because we are busy with our jobs, families, and friends. There is nothing more damaging to your lawsuit than not completing all the recommended medical treatment.

Permanent Injuries

A lot of people fully recover after being in a car collision, however some have lasting injuries. If the treatment isn’t resolving your injuries, or if your doctors have said you’ve reached maximum medical improvement, then you are dealing with permanent injuries. The same goes for surgery. Many times, surgery will be recommended but not required. Some clients choose to forego surgery, and simply live with the pain for many different reasons. It is important to work closely with your attorney, and your doctor to properly document things such as permanency and surgical recommendations.

Medical treatment, or more specifically, the medical reports and bills generated from getting that treatment is the only thing the at-fault driver’s attorney will use to determine the value of your lawsuit. Be your own best advocate, and make sure you are seeking, and completing all your medical treatment. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

In Part I of this continuing series, we discussed choosing an attorney. Once you have done the due diligence of hiring an attorney, your attorney will begin investigating your case.

This process takes many different forms depending on the facts, however, in a personal injury case the process typically begins with ordering the police report. In Illinois, two separate reports are generated after a motor vehicle collision. The first is the Illinois Motorist Report which is a hand-written report created by the people involved in the collision. This report contains information on all drivers involved along with a summary of the events leading up to the crash. The second report is called the Illinois Traffic Crash Report. This report is created by the officer on a computer and contains additional information such as weather conditions, the location of damage on the vehicles, and the officer’s opinion on what caused the crash. Depending on the severity of the crash, the second report can take months to generate.

Along with ordering the police reports, your attorney will also send a notice of representation letter to the other driver’s insurance company. The purpose of this letter is to alert their insurance company of a pending lawsuit so that it may also begin an investigation.

Your attorney may also visit the scene of the crash to obtain photographs or other measurements. This evidence may be helpful to your attorney, and your case, for many different reasons. It could help show that you were not at-fault for the crash, it may help show that the other driver is lying about the events of the crash, it could also be used later at trial to help the jurors visualize exactly how the crash occurred.

Finally, your attorney will research the other driver. In a crash between two cars, this research could include everything from a broad Google search to a very specific search through a paid service to see if the driver has any other civil or criminal issues. If your case involved a bus or a semi-truck, which are state and federally regulated, the search involves much more specific items, many of which are publicly filed.

The investigation part of your personal injury lawsuit is vitally important to the remainder of your case, and will often frame the lawsuit. Understand that while you are seeking medical treatment for your injuries, your attorney is working hard to present the strongest case on your behalf.

Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

This post series aims to give current and potential clients information to help them understand the various stages of a personal injury lawsuit. For many of us, hiring an attorney means that a tragic event has occurred in our lives. Whether it be a car wreck, a divorce, or a death in the family, there will be occasions in your life when you need the assistance of an attorney. This can be a very stressful time, dealing with emotional and physical injuries, while also trying to understand what the heck your attorney is saying!

No matter the facts of your case, the first step in the process is to choose an attorney, and there are plenty to choose from. Many clients turn to Google, or a friend’s recommendation, or simply call up the attorney they used many years ago. These methods may lead you to hire a good attorney, however, there are additional qualities to look for in your attorney (and their law firm) that will help ensure you are hiring the best legal representation for your case.

When researching any potential attorney, scour their website for additional expertise such as:

• Have they taught any classes or seminars in their field?
• Do they belong to any specific organization in their field?
• Are they nationally recognized by peers for their work in the field?
• Have they been published on a topic in their field?

Beyond the legal expertise, look for character traits that align with your own such as:

• Does the firm and its employees volunteer in the community?
• Does the firm assist local charity organizations?
• Do any members of the law firm have a passion that you also share?

Finally, look at the firm structure. Is there a specific person designated to client services; will you be able to speak directly with your attorney? What is their track record for winning, have they been successful in litigating cases like yours?

Remember, the relationship you form with this law firm could last a few months or a few years, and may require you to divulge very personal information to bring your case to a conclusion. The choice of hiring an attorney is an important one.Be sure to fully research both the attorney and the law firm before you make any decisions. Have a legal question about your case? Call our offices, one of our attorneys will be glad to speak with you.

As lawyers who help people grappling with the aftermath of injuries caused by the negligence of others, we often hear the stories of how people go about trying to choose a lawyer. In our view, too many people rely on the wrong factors in making their decision. Jay shared some great tips on hiring a lawyer here. We thought we’d expand on a few of those, particularly as they related to hiring an attorney in the context of a motor vehicle accident lawsuit.

Specific Experience

When it comes to hiring a lawyer, there’s truly no substitute for experience. But not just any legal experience will do. You want to look for a lawyer with specific experience representing clients that faced a similar situation to yours.

While every injury legal situation is unique, you want to find a lawyer with substantial experience with cases somewhat similar to yours.

Unfortunately, this is often easier said, than done. Nonetheless, here are a few tips for understanding the nature and extent of your prospective lawyer’s experience.

Ask them a lot of questions. Interviewing your prospective personal injury attorney is not the time to be shy. Lawyers are bound by rules of professional responsibility. For example, here in Illinois, all lawyers licensed in the state are subject to the Illinois Rules of Professional Conduct. One of these rules, Rule 7.1, states:

A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

In the context of hiring a lawyer, this rule is designed to protect legal services consumers from lawyers who might otherwise mislead them. Put simply, by rule, lawyers can’t lie or mislead potential clients relating to their service.

While this isn’t a guaranteed protection, it serves as a strong deterrent.

Therefore, when you ask a prospective lawyer about their experience, there is at least some protection against the lawyer lying or misleading you.

You should ask your potential personal injury lawyer questions like:

• Do they have experience representing clients in situations similar to yours?
• What was the outcome of those cases?
• Are they willing to take your case to trial if necessary?
• Who are all of the people that will be working on your case?
• What is there experience with cases like yours?
• How long have they been representing people with cases like yours?
• Have they ever faced any disciplinary action?

If you’re looking for a personal injury lawyer in Illinois, you can also research potential lawyers via the Attorney Registration and Disciplinary Commission’s lawyer search tool.

In addition to asking a lot of questions, you should also research your prospective attorney online. Enter their name, firm name, and variations into Google. Do you see happy former clients singing their praises? Do you see negative client testimonials? Most firms should have happy clients on places like Google Maps, Facebook, and Yelp.

Be sure to read several testimonials. Look for testimonials from other lawyers too. Try to distinguish authentic testimonials from those that appear less than genuine.

See what former clients have to say about the service and attention they received from the lawyer.

If you’re an avid social media user, you might also look to see whether you have any mutual connections with the lawyer on Facebook or LinkedIn. If so, ask your mutual connections what their opinion is of the lawyer. This can be particularly useful if a mutual connection has hired the lawyer in the past. Even if they haven’t they may be able to provide some opinion as to the lawyer’s character.

Things to Avoid

Here are some common mistakes that we recommend you avoid in selecting your lawyer:

• Don’t hire your lawyer solely based on an advertisement. Whether it’s television or a Google search ad, hiring lawyers based purely on advertisements is a really bad idea. Just because a lawyer spends money on advertising, doesn’t mean that they’re actually the right lawyer for your situation.
• Don’t hire your lawyer solely based on awards. Many lawyer awards aren’t worth the paper they’re printed on. In fact, some lawyers promote awards in which the only criterion for winning the award is money.

At the end of the day, you need to choose a lawyer that you feel you can trust. The process for seeking justice following an injury can take a significant amount of time and energy. You’ll want to have some peace of mind that your lawyer is not only competent to represent your interests, but also provides with the service you deserve.