Personal injury tort is the broad legal concept that deals with compensation for physical, mental and emotional harm. These cases result in a damages settlement or jury award that can be used to pay for hospital treatment, lawyer costs, lost wages and transportation costs if the injured person is no longer able to drive due to their injuries. If dealing with this matter in Illinois, an Illinois injury lawyer is your best option when seeking damages. Illinois injury lawyers will be familiar with laws defining liabilities, accidents and other relevant laws that can affect your case. Use an Illinois injury lawyer over an out of state lawyer whenever you have the option to do so.
What is tort reform and how might it affect my case?
Several states have adopted legislation to limit damages from personal injury cases. Illinois was one state that had capped monetary claims from personal injury cases, but this was found unconstitutional by the Illinois State Supreme Court. Illinois injury lawyers will be up to date on these develops and will keep you informed on limitations that might affect your personal injury claim.
What functions can an Illinois injury lawyer fulfill?
Illinois injury lawyers can help litigate the following claims:
Non-payment of insurance benefits – if your claim for benefits is denied, the personal injury lawyer will be able to file an appeal on your behalf and achieve the appropriate level of benefits for your injury.
Auto accident – an auto accident injury can be claimed if the individual is an auto accident and is injured as a result. This personal injury case will require the Illinois injury lawyer to prove liability on the part of the other party and that their actions are the direct cause of the client’s injury.
Medical malpractice – physicians have a duty of care to patients and a professional responsibility to perform their job duties with consideration for the health and welfare of the patient. If a doctor fails in his or her duty of care to a patient, then a case for medical malpractice can be made. Claims for damages can be made on poorly prescribed medication, botched procedures, failure to diagnose a potentially harmful condition and improper billing for medical services.
Withholding of worker’s compensation – like the denial of insurance benefits, a personal injury lawyer can either work with or litigate the disburser of benefits to ensure that legitimate claims receive the proper compensation.
What should I bring when meeting with an Illinois injury lawyer?
You must bring relevant items such as police, medical and insurance documents related to the injury to the appointment. This is so the Illinois injury lawyer will be able to determine which claims should be made and whom to make these claims against. For benefit claims, bring all agreements and documentation of the benefits terms and conditions. The lawyer will use these to determine if the claim is legitimate and can be appealed or litigated. Be sure to ask questions if you do not understand something the lawyer has said especially on the procedural matters of the case. It is the duty of the lawyer to make the case as uncomplicated as possible, but it is the duty of the client to understand the process.
What is the role of liability in personal injury cases?
The most important aspect of an injury case is determining liability. This liability must be proven in court, should the liable party refuse to settle. Liability is determined in a number of ways, but the most common method of determining liability is to prove that the other party neglecting their duty of care. Duty of care is the expected level of service or care that would be expected of a normal person or organization. An abnormal breach of the duty of care is sufficient to warrant a personal injury case.
How do I know my Illinois injury lawyer is legitimate?
Although you may find a lawyer through local bar associations, using the Illinois lawyer finder is also a very good option. The ARDC is the disciplinary organization for Illinois lawyers, supervised by the Illinois Supreme Court. This is instead of a unified Bar Association, as is the case with other states. Each entry in the ARDC Illinois lawyer search will show the date of admission to the bar, contact information and the registration status. This includes lawyers that are voluntarily inactive and thus, not able to practice law. For those without a lawyer in mind, local and state Bar Associations maintain an Illinois lawyer finder to connect the public with their member lawyers. You may use these Illinois lawyer finders without hesitation as these organizations and their members are bound by the same rules of conduct set by the ARDC.
What are the typical rates of an Illinois injury lawyer?
The type and nature of legal fees for Illinois injury lawyers will vary from case to case. Most Illinois injury lawyers will work on contingency, which will entitle the Illinois injury lawyer to a percentage of the award. These lawyers will claim that they will not collect fees unless they win the case. Court fees will usually have to be paid by the client under this arrangement. Not every contingency arrangement will entail no fees paid by the client, so ascertain the nature of the relationship before retaining the services of the Illinois injury lawyer.
A retainer is a fee that remains in a trust account. Every time the lawyer performs a service related to your case, he charges this account. Leftover retainer can be returned to the client, but there is also a chance that the attorney will exhaust the retainer and require the client to refill the account. The retainer does not include court costs, which are also paid by the client. However, these fees, such as the fees for filing the case, are fixed. You will usually not need this arrangement when pursuing a personal injury claim and this arrangement can become expensive for lengthy trials that are not settled early.
Take advantage of free consultations when they are available to discuss potential fees and payment arrangements with Illinois lawyers. You may be able to arrange low cost and extended payment for legal services at the discretion of the attorney or law firm.
This Illinois lawyer finder is not a referral service per se, but is actually a means by which you can verify if a lawyer is registered to practice law in Illinois. The ARDC lawyer search consists of a directory search and you must know the name of the lawyer you are searching for. You may use this instead of paying a lawyer referral service to find you an Illinois injury lawyer.
What are questions to ask Illinois injury lawyers?
How does my case relate to Illinois state and local laws?
What are your fees and do you have alternate payment plans?
Are you an active member, in good standing, of the Illinois State Bar Association?
What roles do you play as a member?
Where can I view your ARDC record?
Can I please have all fees in writing?
Do you see any potential flaws in my injury compensation claim?
Can you refer me to another lawyer if you are unable to take my case?
Will my negligent actions affect my award in this case?
