Chicago's personal injury attorney John Budin

This is a commonly asked question, and the answer is it depends. For example: a rear-end car crash resulting in sprains and strains is not as valuable as a car crash where a person is taken from the scene by ambulance and has immediate brain surgery. The value of a personal injury case does not revolve around the medical bills, but rather what is the nature, extent, and duration of the injury. What medical treatment was required? Is the injury temporary or permanent?

There are various factors that go into the value of a personal injury case. Damages/losses include your medical bills, your time off from work, any disfigurements from the injuries, such   as scars or a missing body part, the disability from the injury, meaning what things the person is no longer able to do, or able to do, but with difficulty, as a result of the injuries. Other items of damages would include loss of business, as a result of the injuries, future lost wages if the person is not going to be able to return to their prior employment and future medical costs for those people whose injuries are likely to be permanent and will require and expend money on medical treatment into the future.   People in personal injury cases can be compensated for their past physical pain as well as their future physical pain. You are also entitled to money for the mental anguish due to the injuries. Many people get depressed as a result of their injuries due to the fact that they are no longer able to live their lives the way they did prior to their injury.  In many states people are allowed to claim and receive money for loss of their normal life as it existed before their injuries.

Depending on the type of injury you have and how it is caused will determine how long you have until you must file a lawsuit. A claim can be filed immediately, whereas a lawsuit commences legal proceedings in court. The statute of limitations for personal injury lawsuits varies depending of the type of injury the person sustains and how it is sustained. For example, in Illinois you generally have 2 years to file a lawsuit as a result of a car crash. Construction accidents on the other hand allow the injured construction worker up to 4 years to file a personal injury claim. Medical malpractice cases typically allow up to 2 years from the injury to file a lawsuit against those responsible. When you sue a governmental agency the statute of limitations is often reduced to one year. To determine the statute of limitations on any personal injury case you should ask an experienced personal injury attorney.

Immediately after a car crash, the adrenaline is high and people often do not realize the extent of their injuries. If a police officer asks you if you want an ambulance it  is usually best to take the police officer’s advice and take an ambulance to the nearest hospital so you can be examined by emergency room physicians. The focus should be on the injuries and what is needed to be done to hopefully have a fast recovery. There is no need to immediately call an attorney if you are involved in an auto accident. The most important thing is your health. It is important to cooperate with the police and, if you can, to give a statement to the police as to what you believe caused the crash and your injuries. Oftentimes however, people are not able to give a statement to police at the scene. In that case police will come to the emergency room and speak to the victim of motor vehicle crashes. If you are able you should give a clear, concise statement so they can record it in the police report. Get the police report number so your attorney can obtain the report, which should include the  other  driver’s personal information such as address, drivers’ license number, information on the motor vehicle and the insurance company for the other driver. Your attorney should also know how to obtain the police report in an expeditious manner so that information is available early on.  Again, the most important thing is to get the medical treatment required for your injuries. Follow your doctor’s orders.

In a typical personal injury case you are able to get compensation for your past and future medical bills, past and future lost wages, lost business opportunities due to the injuries, property damage compensation to either fix your vehicle, or any other property of yours, that was damaged. You are also able to obtain compensation for past and future physical pain, past and future mental anguish, past and future disability as a result of the injuries, past and future loss of normal life as a result of the injuries, disfigurement, such as scarring or loss of a body part due to the injuries and/or subsequent surgeries.  It is a good idea for an individual involved in a personal injury matter to keep records of all the losses and or harms that have been sustained. For example: If you have to make co-pays for medical treatment you want to send the proof of those co-pays to your attorney, you would also want to send any other documentation concerning any losses or harms that are part of the injury.

If the insurance company for the other driver or entity that caused your injuries attempts to contact you, you should feel free to give them your personal information, but not your social security number, and any information about the medical providers you are seeing. Beyond that you do not need to speak to the insurance company. The insurance company for the responsible party will often ask for a recorded statement. You should decline that request.

There is absolutely no requirement that a person injured through no fault of their own has to give recorded statements to the other side’s insurance company. If the insurance company, insist “on a recorded statement,” call an experienced personal injury attorney who will know what to do. Please keep in mind that the insurance industry, and their representatives, are not on your side. Many insurance companies follow the motto of, “Deny, delay and do not pay.” Insurance companies do not make money by voluntarily paying legitimate claims but rather by denying or delaying payment. They will often offer very little amounts of money to those not represented by an attorney in the hopes of settling the claim for inadequate compensation.

If you have more questions regarding your claim, call an experienced personal injury attorney. Most personal injury attorneys work on a contingency fee basis which means they do not get paid unless they win your case. Most personal injury attorneys also offer a free consultation. So if you have questions about your personal injury matter most attorneys will speak to you for free and give you advice on what the next steps should be.

First, you should find an attorney that you are comfortable with. Hopefully you can find an attorney that you would feel comfortable having a cup of coffee, or a drink, with. When interviewing personal injury attorneys about your case, it is very important that you choose an attorney that is affiliated with a state trial lawyers organization. Why? Because the men and women who belong to these trial lawyers’ associations are dedicated to helping their fellow citizens whose lives are often turned upside down through no fault of their own. In Illinois you should seek out an attorney that is a member of the Illinois Trial Lawyers Association (ITLA).

Members of ITLA have shown, by the fact that they are members of the ITLA, that they possess a certain amount of experience and qualifications in the prosecution of personal injury claims. You do not want to hire an attorney that is a, “Jack of all Trades”. It is preferable to find an attorney who specializes or concentrates their practice in personal injury matters. It is also a good idea to avoid lawyers who send out letters, advertisements, or call you on the telephone after you have been involved in a personal injury matter, often a car crash. Attorneys who send out such advertisement/letters to people involved in automobile crashes are often called, for good reason, “ambulance chasers.” Avoid them. Red flags should go up if attorneys start calling you to inquire about your personal injury matter. It is also wise to avoid attorneys who tell you that you must sign up with them immediately or all types of bad things will happen to you. This is simply not true in the majority of cases. There is nothing wrong with interviewing more than one attorney when deciding whether you want to retain an attorney to prosecute your personal injury claim. Hire an attorney who is a good listener and that answers your questions directly.