This section of our website is here to discuss some of the topics we often get asked about. Please use this area to familiarize yourself with how we can help you in your personal injury case.
What is Subrogation?
Why did my attorney refer me out?
Why won't my attorney call me back?
Why are so many lawyers calling me?
A specific attorney won't call me back!
What documents do I need to bring?
What makes you better than the others?
Will my case go to trial?
What is the cost to see if I have a case?
What should I bring to my consultation?
Q. What do you do if you are in an automobile collision?
A. What do you do if someone hits you with their car? If you drove your car into another car? What if you are a pedestrian and are hit by a car?
There are important things that must be taken care of both at the scene of any accident and following an accident. The first thing you should do is call 9-1-1. Even if the damage to your car seems fairly minor, many insurance companies require you to report accidents or collisions within a time limit. Do not move your car until the police officer tells you to do so. Tell the investigating officer the truth about what happened, about how you feel.
If you have any concern about whether you may have been injured, allow the police to call an ambulance for you. It is always better to get examined right away for two reasons. First and foremost, if it turns out you have sustained a serious injury, the sooner you get treatment the better. Second, this also gives your attorney the proof you may need to prove those injuries were caused by the car crash. Additionally, many emergency physicians will tell you that people hurt in car crashes will actually feel more pain the day after an injury. It is always better to get checked out immediately after an accident to make sure there are no injuries that you may not be of aware and to document any injuries you have sustained.
Naturally, if you have sustained an obvious, serious injury, you will need immediate transport to the nearest hospital for emergency treatment. The sooner you are seen by a qualified doctor, the better.
lf you are able, get the names, addresses and phone numbers of all witnesses to the collision and the investigating police officers. You never can tell what information will later prove to be important and/or that your lawyer will need, and it is always a good idea to have independent witnesses to testify about how the collision occurred. I have seen too many cases where doubt can cloud the mind of a juror if there is no corroboration from independent witnesses. Do not let the lack of corroborating evidence rob you of your ability to prove the collision was the other driver’s fault.
Talk to the other driver or drivers to see if they need medical assistance. Remember, however, that whatever you say to the other drivers, and whatever they say to you, can be admissible into evidence if your case goes to trial.
The cardinal rule for all car accidents is that you should never leave the scene without stopping. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a “hit and run” driver. If you are in a deserted area, use caution in stopping and getting out of your vehicle. If you are not sure whether it is safe to get out, then don’t. Just call 9-1-1 right away and wait for the police.
Q. I am hesitant to call an attorney because I may not have a case.
A. You risk nothing by calling an attorney to find out if you have a case and find out your rights. Initial consultations are completely free and without any obligation, and there is no charge unless a recovery is made. It is also important not to wait as there are statutory limitations periods which apply to all injury cases. These Statutes of Limitations, as they are called, act as a bar against bringing a claim for injuries if the limitations period is exceeded. Therefore, it is always best to call as soon as possible. Additionally, it is always best to get an attorney involved early so the appropriate evidence can be preserved.
Q. I think there are too many lawsuits, but I have been injured and believe I am entitled to compensation. What should I do?
A. Consult an attorney. Not all claims require the filing of a lawsuit. In fact, in the vast majority of situations, the guilty person’s insurance company will settle without the need for filing a lawsuit. If you decide not to bring a claim for your injuries, you, and your auto and health insurance companies end up bearing the entire burden for all the ways in which the injury has affected you. When you do not assert your claim, the only ones who benefit are the guilty person and their insurance company.
Q. I was injured in a car crash and the insurance company adjusters have called me to discuss the case. What should I do?
A. Consult with an attorney. You of course should speak with your own insurance so that you can report the accident and so that your medical bills will be paid and your vehicle will be repaired. However, you are not required to speak with the guilty person’s insurance company adjuster without first consulting an attorney. An insurance company adjuster works for the insurance company. The adjuster’s goal is to save the insurance company as much money as possible. Many times, the real purpose is to get your recorded statement, which is then used against you to deny responsibility for your injuries.
Q. The insurance company adjuster wants me to sign papers. What should I do?
A. Consult with an attorney before signing anything from the guilty person’s insurance company. If you do not understand what you are signing, you could end up signing away your right to obtain any recovery for injuries you have sustained. If the adjuster wants you to sign medical authorizations, this may allow the insurance company to obtain all your medical records, including records for completely unrelated and delicate medical conditions. An attorney can help you prevent the guilty person’s insurance company from obtaining unnecessary medical records and help you maintain your privacy. An attorney can also keep the insurance adjuster from contacting you at all, so you can concentrate on getting better, and putting your life back together.
Q. How do I get the at-fault driver’s insurance to pay my medical bills and out-of-pocket expenses?
A. The adverse insurance company is not obligated to pay medical bills or other out-of-pocket expenses until the case is either settled or there is a trial verdict. With this in mind, to ensure you get appropriate medical care, use your own auto and health insurances to pay your medical bills now. Your primary insurance is your auto insurance. Once those limits have been met, your health insurance should take over to pay your bills.
This can help you with the outcome of the case because while many insurances pay less than full value for bills. At the same time, you are able to recover from the defendant the full amount of your medical bills. Speak to your attorney about other benefits that may be available. By hiring a qualified attorney you are assuring that you get all of the expenses to which you are entitled paid fairly and fully.
Q. I was hurt at work and the company will not pay for my medical bills. I still work there and plan to stay there. I don’t want to cause trouble or hard feelings, but I cannot afford to pay these bills and cannot get the rest of the treatment I need because I don’t have the money. I would not have this pain and these bills if the company had followed proper maintenance on their equipment before I was hurt. What can I do?
A. Talk to a competent attorney. Under the Illinois Workers’ Compensation Act, the company’s insurance provider is responsible for the bills, and must pay for whatever medical care is made necessary as a result of your work-related injury (within certain statutory restrictions). To be sure you are treated fairly, make an appointment for a free consultation with a knowledgeable attorney to discuss the particular facts of your case.
Q. What’s my case worth?
A. This is perhaps the most frequently asked question of all. It is simply not possible to give an accurate answer until all the facts have been assembled and analyzed. Any attorney who claims to be able to answer this question without having all the facts, including all the medical information and facts surrounding the occurrence, is either not being honest with you or not sufficiently experienced in this area of the law to fully assist you.
In Illinois, there are various elements of damage which combine to amount to full compensation. These elements include compensation for:
• past and future medical bills
• past and future lost income
• past and future physical pain and mental suffering
• your inability to enjoy life as you did before an injury
• disfigurement, such as scars
• the aggravation of a pre-existing condition
• family members for an injury resulting in the death of a family member
• your spouse’s loss of consortium
The amount of money necessary to provide full and fair compensation for each of these elements of damage will depend on the particular facts of your case, including the amount of coverage of the at-fault driver’s insurance policy. No attorney should accept an offer on behalf of a client without that client’s approval.
Q. I have heard that my personal injury claim is worth three times my medical bills. Is that true?
A. No. The value of your case will be determined after considering all of the facts and circumstances of the event causing your injury and the medical treatment you received. Juries in Illinois are allowed to apportion fault, so if you are deemed to be partly at fault for causing your injuries, your compensation will be reduced by a that percentage. Other facts that will affect the amount of compensation you obtain will include the type of treatment you had and whether your medical bills are related to diagnostic services or actual treatment, and the amount of coverage of the at-fault driver’s insurance policy. The best way to maximize the amount of compensation you obtain is to hire a qualified attorney to represent you.
Q. How long will it take my claim to be concluded?
A. The length of time it takes to resolve a case will vary dramatically depending on the particular facts and circumstances of each case. Generally speaking, however, a lot will depend upon how long it takes the medical providers to provide you with appropriate care to bring you to maximum medical improvement. It is to your benefit to wait until after you are done treating to try and resolve your case because the length of time it takes for your medical treatment is an important aspect of your case. After you have been released, we need time to obtain complete medical records and provide them to the insurance company for its review. Rest assured that it is our intent to obtain each client full and fair compensation for the nature and extent of his injury and we take great pride in doing just that.
Q: What is Tort Reform?
A: Tort reform is a political movement based on the erroneous premise that frivolous lawsuits are clogging our court system and creating a “lawsuit lottery” mentality in plaintiffs and plaintiffs’ attorneys that is draining billions of dollars from our economy. It is being pushed by well-funded special-interest groups like giant corporations, insurance companies, medical providers, and pharmaceutical companies so they can avoid paying for the injuries caused by their negligence and their dangerous products.
These forces have been successful at capping awards for non-economic damages such as “Pain and Suffering” in many states outside Illinois. In Illinois, however, caps on damages have been held unconstitutional three times. That has not stopped those forces from continuing to try to limit or eliminate the damages they may have to pay, all in the name of corporate profit. In fact, there are bills being pushed in Springfield and Washington all the time to cap damages or grant immunity to one group of manufacturers or another.
At MacCloskey Kesler and Associates, we have consistently been leaders in the fight against these attempts to restrict your right to a trial by jury. We are proud of our record of fighting for the rights of injury victims, and will continue to fight against them as long as it takes to preserve your Constitutionally-protected right to a trial by jury.
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