Frequently Asked Questions

If you have any questions that aren’t answered by the below, contact us via our consultation form, telephone, or email and let us know how we can help.

General

  • We handle just about any situation in which you’ve been physically injured; anything from car accidents to medical injuries/medical malpractice, defective products causing you injury (for example, I settled a large case against Amazon earlier this year because they sold my client a ladder that collapsed while he was using it), workplace injuries, slip and falls/trip and falls, and on and on.  If you’ve been injured and aren’t sure if your case falls into one of those categories, reach out and let’s talk about what happened.

  • The answer here are the lawyer’s two favorite words: “it depends.”  Many cases can be resolved without litigation, which means it could be a few weeks or months.  When litigation is required, courts typically try to get a case from the initial filing of a lawsuit to a jury trial within 18 months.

  • I would always recommend having a lawyer (me!) file a personal injury claim on your behalf.  The reason for this is simply that insurance companies will offer more money if they know that a lawyer is involved.  I settled a case for a college friend a few years ago for $120,000; the insurance company’s initial offer to him was $5,000.  Nothing had changed about the case except for the fact that I got involved, and insurance companies know that with a lawyer involved the plaintiff (you, the injured person) can litigate a case to trial which is virtually impossible for a plaintiff to do by themselves.  Having a lawyer gives leverage back to the plaintiff.

  • I recommend contacting a personal injury lawyer as soon as you’ve been injured.  This allows the lawyer to investigate while much of the evidence is still fresh and puts the insurance company on notice that they need to take the situation seriously.

  • Ideally, a police report and photos.  We can always order a copy of the police report, however, and can also order medical records on your behalf – so no need to worry there.

Cost

  • We offer free consultations and work for free until your case is resolved.  We operate on a contingency basis, meaning that our firm takes an amount (usually one-third, the industry standard) of the gross settlement or verdict amount at the end of the case.  Litigation also costs money, but we advance those costs as well.   

Process

  • Ideally, you should never have to go to court.  First, as I stated above, many claims never have to go to litigation.  Even if it does, our office handles all court appearances for you, and if your presence is required at a court appearance we’ll let you know. 

  • Generally, we need to wait until you’ve completed your medical treatment.  One that’s been done, we send your medical bills and records to the insurance company along with a letter explaining the facts of the accident and a demand for settlement.  If the insurance company disagrees on either liability (as in, the deny the injury was their insured’s fault) or the amount demanded, the case will progress into litigation.

  • Once a settlement agreement is reached, it typically takes between 60-90 days for your portion of the settlement to be distributed.

  • For most claims, you have two years from the date of injury to file a lawsuit.  For claims against a government entity (e.g. the CTA or City of Chicago), you have one year to file a lawsuit.  That’s why it’s important to call a personal injury lawyer as soon as possible after you’ve been injured. 

Injuries & Medical Treatment

  • You should immediately go to the emergency room after you’ve been injured so that you can be treated and examined by a doctor.  Yes, it’s annoying, but it’s much better to go to the emergency room right away than wait to see a doctor.

  • Medical bills that are outstanding while the case is pending should not have to go to collections, as the creditor to whom the bills are owed will typically place them on a litigation hold, knowing that the bills will be satisfied from the lawsuit.

  • Absolutely. You would just need to provide proof of earnings via a tax return and documentation of how much time you missed from work.  

  • Illinois follows the so-called “eggshell plaintiff” rule, which states that injured people who have pre-existing conditions are still entitled to recover as if they did not have those pre-existing conditions.  This means that injured people who have aggravated or exacerbated their pre-existing conditions as a result of a new injury are still entitled to compensation.