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How much time do I have to collect money for my injuries?
Beware of the Statute of Limitations; no personal injury claim lasts forever. Most personal injury claims must be filed in court within 2 years of the date of the occurrence or your right to pursue such claim against the party causing the injury is barred forever. There are some exceptions including, but not limited to, government entities, dram shop actions, and actions against the Chicago Transit Authority. These claims are barred in less than 2 years. You must contact an attorney shortly after you are injured to be certain of the time you have to file suit. If you wait too long, you may be out of luck.
What should I look for when hiring my attorney?
There are many attorneys who say they can handle personal injury matters, however, a very small percentage of those attorneys are actually capable of pursuing the case all the way through trial to a jury verdict. The great majority of attorneys will attempt to settle the matter before trial; in the event settlement is not possible, they will hire another attorney as co-counsel to try the case before a jury. When hiring a personal injury attorney, you should make sure if a trial becomes necessary in order to conclude the matter, the law firm you hire has attorneys capable of conducting a trial before a jury on your behalf.
Will I pay the attorney if I collect no money?
If you have a good case, any competent attorney will accept the case on a contingent fee basis. That means you will not pay the attorney for services rendered until the conclusion of the case, and then only if the attorney collects money for you. Usually personal injury attorneys receive anywhere from 25% to 40% of the settlement or verdict amount as their fee. In addition, you will probably be responsible to reimburse the attorney for all out-of-pocket expenses advanced by the attorney during the period of time the attorney is handling the case. Most attorneys do not expect to be reimbursed for expenses advanced, nor will they receive a fee for the time they spent on pursuing your claim if there is no recovery. Therefore, unless the attorney believes your case has merit and recovery is likely, an attorney will not agree to represent you.
Will I have to testify?
Although more than 90% of all personal injury cases are settled before trial, you must be ready and willing to testify before a jury in the event your attorney is unable to settle the case. Be sure to discuss with your attorney what you can expect during the discovery procedure, which is the time when depositions are taken. What will it be like to have your deposition taken by the other attorney? Are you prepared to relive the events that caused the injury? Are you prepared to relate what you had to do during your recovery period?
What should I do if I get hurt on the job?
Workers Compensation laws prohibit an employee from suing his employer or fellow employees if injured on the job. The only remedy available to an employee is to file a claim with the Illinois Workers Compensation Commission, under the rules established by the Illinois General Assembly. The criteria for recovery under Workers Compensation differs dramatically from those available to a person injured in a non-work situation; for example, you cannot recover for pain and suffering. Since different expertise and experience is required in this area of the law, when hiring an attorney to represent you regarding a work related injury, be sure the attorney regularly practices before the Illinois Workers Compensation Commission and is not just a general personal injury lawyer.
Are there any tips to help my case?
1. Keep a diary. Because most personal injury trials take place many years after the injury occurred, it is very difficult after so many years to recall in detail all the pain, physical and mental distress, and inconvenience you had during your recovery period. A fairly detailed diary can be very useful to refresh your memory about such things as:
- Your inability to drive a car;
- Your inability to dress yourself;
- The degree of pain you felt when trying to perform an everyday task;
- Reasons you had to miss work, and what was it like when you first returned to work;
- The amount of help you needed to do things you previously did yourself; and how long and how often you needed help;
- Ways the injury changed the way you lived your life during your recovery period;
- Permanent life changes that have resulted from the injury.
2. Keep good records. Maintain a file to save hospital and doctor records and bills. In addition, keep a record of all expenses, such as in home nursing care, special clothing, and medications. Even taxi expenses incurred due to your injury should be recorded.
3. Communicate injury related events to your attorney such as doctor visits, test results, returning to work, and any changes in your medical condition.
4. Do not discuss your injury or how it happened with anyone other than your attorney or doctors, unless your attorney has advised you to do so. Being helpful and pleasant to the other party’s insurance adjuster can’t help your case; on the contrary, this can often hurt your case.
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