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Are Slip and Fall Cases Hard to Win?

Slip and Fall

Slip and fall accidents are common, especially in inclement weather. Everyone can recall a time that they slipped on a slick surface, tripped, or perhaps even fell. Fortunately, most of the slip and fall accidents are relatively minor, and those involved don’t suffer from serious injuries.

In many cases, however, slip and fall accidents can be serious – a victim falls on an especially hard surface or at a dangerous angle, or perhaps falls from a great height or lands on something and is injured.

These accidents are sometimes the fault of dangerous conditions. At Claim Your Justice, our experienced slip and fall attorneys in Schaumburg, IL can help you if you’ve been injured because of a slip and fall accident. To learn more about how we can serve you, call our law firm directly today or send us a message at your convenience.

Property Owner’s Duty of Care and Slip and Fall Accidents

When a slip and fall occurs and someone else is to blame, the victim has the right to bring a personal injury claim for damages. Typically, this claim is brought against the property owner where the accident occurred. However, merely slipping and falling on someone’s property doesn’t mean that the property owner will be liable; instead, a slip and fall victim will need to prove that the property owner breached the duty of care owed to the person.

The duty of care of a property owner is to maintain a property in a safe condition and to correct any known hazards within a reasonable amount of time. If this duty is breached and someone is injured as a result, the property owner can be held liable for their damages (assuming that the victim was on the property lawfully).

Common causes of slip and falls that are the result of a property owner’s failure to maintain a property in a reasonably safe condition include:

  • Broken stairs
  • Broken elevators and escalators
  • Debris in walkways
  • Lack of handrails or defective handrails
  • Falling objects
  • Spills of food, drink, or other substances
  • Torn carpet
  • Depressions or holes in walking areas
  • Many others

What Does a “Reasonable” Amount of Time Mean?

Property owners aren’t expected to be in a position where hazards never exist on the property; after all, spills and other types of accidents and damages happen. But they are expected to repair any known hazards (or hazards that should have been known) within a reasonable amount of time.

What is “reasonable” can vary from situation to situation. For example, if an elevator is broken, it’s probably reasonable for a property owner to put up a sign warning of the hazard of using the elevator nearly immediately upon learning of the problem, but it may be a few days before a property owner is able to get a repair person to come out. On the other hand, if there is a spill in the grocery store, there’s no reason that it shouldn’t be corrected immediately upon a staff member or manager being given notice.

Different Duties Owed to Different People

Another thing to think about in slip and fall (and general premises liability) claims is the duty of care that’s owed to a person on the property. As mentioned above, a property owner owes a duty to those who are on the property to maintain the property in a reasonably safe condition; however, this duty only extends to those who own the property lawfully as invitees or licensees.

The only duty that a property owner owes to a trespasser is to refrain from causing the trespasser willful or wanton harm. This law is found in the Illinois Compiled Statutes Section 740 ILCS 130.

Frequently Asked Questions About Slip and Fall Claims 

We know that when you or a loved one has been harmed in a slip and fall accident, you want answers to the questions that you have about your rights and what to do. Consider some of the following answers to many of the frequently asked questions that we receive from clients, and feel free to reach out to us directly to schedule a free consultation if you are ready to learn more. 

  1. How do You Prove Negligence in a Slip and Fall?

To win a slip and fall claim against a property owner, you’ll need to prove the following:

  • A hazardous condition existed on a property
  • The hazardous condition was the proximate cause of your injuries (i.e. you slipped on unremoved ice, resulting in a tailbone fracture)
  • The property owner knew or should have known of the condition
  • The property owner failed to remedy the condition in a reasonable amount of time or post any notice or warning about the condition

To prove this, you’ll need to collect evidence that shows that the condition existed for a certain amount of time and the property owner knew of the condition. Maintenance request forms, complaint forms, and even statements from eyewitnesses may help you to prove this.

This is usually the most difficult element of a slip and fall claim – our lawyers will open an investigation on your behalf and be responsible for collecting all the evidence you need.

  1. Who is Responsible for a Slip and Fall Accident?

So far we have focused on the role of a property owner in a slip and fall claim, a property owner is not the only part who might be to blame. Other parties who may be responsible include.

  • The victim themselves. If the victim’s own negligence or clumsiness caused the slip and fall, then there is no one to blame but themselves. Sometimes, the victim may be partially to blame. For example, consider a slip and fall case in which the victim slips on ice. Surely, the accident would not have happened had the property owner removed the ice. Similarly, though, the property owner argues that the fall would not have happened had the victim not been wearing heels instead of boots or running when they should have been walking. If fault is shared, then a victim’s damages may be diminished in proportion to their degree of fault.
  • A product manufacturer. Some slip and fall accidents are the result of defective products. For example, consider an incident in which a shelf collapses in a grocery store, resulting in spilled produce that leads to guests falling. Had the shelf not been defectively manufactured or designed, perhaps the spill – and the subsequent injuries – would not have happened.
  • Another third party. Some slip and falls are the result of the actions of other third parties, such as a rowdy Black Friday shopper who pushes over another to rush the store. Again, our lawyers can investigate your case to determine who’s to blame.

  1. How Much Time do you Have to Sue After a Slip and Fall?

The statute of limitations in Illinois is two years and in Wisconsin, it is three years. This means that you have two years in Illinois and three years in Wisconsin from the date of your slip and fall to file a lawsuit for damages. However, while you have time to file a lawsuit, you should certainly initiate the claims process earlier than that. Not only do you want to make sure that any evidence relevant to your claim is preserved, but you also want to begin the claims process and settlement negotiations processes early so you have as much time as possible to reach a settlement before being forced to file a lawsuit to not breach the statute of limitations.

  1. How are Slip and Fall Settlements Calculated?

If you have been injured in a slip and fall accident and you can prove that someone else was to blame for the accident, then you can seek compensation for the full value of your damages. This includes compensation for your economic costs, such as medical expenses and lost wages; non-economic costs, such as pain and suffering damages and diminished quality of life; and even punitive damages if the slip and fall was the result of the reckless and outrageous actions of the defendant.

Punitive damages are possible in certain cases. Economic damages are calculated based on their actual value – i.e. if you suffer $100,000 in medical bills, you can seek $100,000 in compensation for your medical bills. Noneconomic damages are calculated based on the degree of your injuries, the amount of suffering you’re likely to experience, for how long the suffering is expected to continue, and other factors.

  1. What is a Typical Pain and Suffering Settlement?

The amount of damages a person will recover in a pain and suffering settlement varies dramatically from case-to-case. You should consult with an attorney who can give you a more accurate idea of how much you can expect after the attorney has thoroughly reviewed your case.

Call Our Schaumburg, IL and Milwaukee, WI Slip and Fall Lawyers Today

If you have been in a slip and fall accident in Schaumburg, IL, don’t hesitate to reach out to our experienced law firm today for your free consultation.

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Questions About Personal Injury Suffered in Sports, Vacations & More

Personal Injury

What type of personal injury accidents can happen on cruise ships?

You can get food poisoning, get exposed to your current environment, or exposed to COVID-19. An individual may also be overserved alcohol and wind up going over the side of the ship. Many people on vacation sign up for an adventure – whether it’s zip-lining or some type of tour at your destination or your port of call, and you suffer a serious injury or wrongful death.

When it comes to food poisoning, the cruise line doesn’t want you sick on the ship. They will either quarantine the passenger within their on-board hospital or if the ship is approaching a port of call, they will have the passenger seen at that upcoming port of call.

If it’s severe food poisoning, it may result in having a helicopter come and airlift the passenger off the ship. The fear for the cruise line is, if someone has food poisoning – there may be more passengers who would get the same type of food poisoning. It could lead to an outbreak. 

Also, food poisoning may not be the correct diagnosis. It could be some type of virus the person was exposed to and their symptoms are presenting as food poisoning when it’s really something worse.  Contact the attorneys at Claim Your Justice for a free evaluation  of your case/ 

When you sustain a personal injury on vacation, when is the correct time to reach out to a personal injury attorney?

If it’s food poisoning, where you’re going to be confined to your bed, and symptoms are going to resolve themselves in one or two days – that’s not necessarily a compensable injury. However, you could certainly reach out to an attorney. If there are many other guests who also have food poisoning, then that type of action would be covered by a possible class-action claim.

No matter what kind of personal injury you sustain, it’s important to document the medical care you receive and the names of the professionals providing you the treatment. If you feel ill while on a cruise ship – report it and document the official you talk to, the date and time.

As much as we’d like to believe business operators are great at keeping track of reported injuries, my experience has shown me they are not.   The attorneys at Claim Your Justice have experience handling claims in Mexico and on cruise lines.  

If someone experiences a personal injury while playing sports, how important is the waiver they’ve signed to play?

It starts with the terms contained in the waiver and how it relates to injuries sustained if injured while playing. If a player is sliding head-first into second base and injures his shoulder, a waiver would likely preclude that person from making a claim unless the field negligently maintained.

On the other hand, if it’s the recklessness of a person that you’re playing against, then I think you can preserve a claim that may not be precluded by the waiver.  For example,  the person who was being too aggressive can’t receive the benefit of the waiver, which was signed between the team and the players and the city. Your course of action would be to go after the player who was the cause of your injury and not the city.

When an individual is dealing with an insurance company, and an insurance company adjuster wants to speak to them, what should they do?

People should not speak to an insurance company adjuster. In my experience, I don’t find any benefit for the client. When an adjuster calls, it may be as soon as one (1) day after an accident and they will ask you, “How are you feeling?” and a person might say, “I don’t feel too bad.” 

However, as we know, several days after an accident is when you may feel your worst, but the adjuster doesn’t have you saying that on a recording. Instead, they have a recording of you saying, “I don’t feel too bad,” and the insurance company will try and use that against you and question why you have $17,000 in medical bills and treatments

Tell the adjuster you don’t want to do a recording and instead, ask them to send their questions in writing. Tell them you’ll move forward by filling out a form. By putting it in writing and eliminating a recording benefits the injured party – as opposed to benefiting an insurance company.

Also, keep in mind, you should never settle a case or sign papers soon after your accident.  You can also tell the adjuster to contact your attorney at Claim Your Justice.

Is it important to save all medical documents during your course of treatment?

You can certainly save your medical documents for your records.  However, the staff at Claim Your Justice will request a complete set of your medical records. What’s more important is documenting the names and addresses of doctors you see because we want to make sure the Claim Your Justice file is complete.

What is a defense medical assessment and when does it come into play?

A common insurance company strategy is to argue the treatment a client received was excessive and the medical bills are not reasonable.  Because of that, the insurance company may argue it shouldn’t have to pay the full amount of the bills. Instead, the insurance company will try and negotiate a reduction on the amount claimed.  

The insurance company will send out the medical bills for review. Unfortunately, the review is being paid for by the insurance company and those reviews regularly come back in favor of the insurance company.

We see it often with MRI billing and studies – when a doctor was trying to get a better analysis of a person’s injuries. More often than not, the insurance company argues that the test was unnecessary or over-charged. In the case of an MRI, let’s say it costs $1,200. However, the insurance company’s assessment says it should have cost $600. 

As an attorney, I always ask the insurance company to tell me where my client can go for a $600 MRI because I’m unaware of anywhere to send my client for that price.  The attorneys at Claim Your Justice fight to collect the maximum amount for your medical bills and pain and suffering.

If I’ve been in a car accident and I make a claim, will my car insurance premiums increase?

It depends. A lot of times I hear auto insurance commercial, say, “If you’ve been with us for several years, we won’t increase it for one accident.” I’m skeptical when I hear that, especially when a client is struck by someone with no insurance and there is a loss of $200,000 and the insurance company must pay out – the insurance‘s assurance may not hold for those large claims. For smaller claims, my guess is they would hold for those smaller claims.

Contact Our Schaumburg Car Accident Lawyers

For answers to other legal questions you may have, check the Claim Your Justice FAQ page or if you think you may have a case, call us at 847-434-3555.

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Should I Get A Lawyer For A Car Accident?

Illinois Car Accident

Driving a car or being a passenger within a car is a daily experience for most people. Yet as common as driving is, car accidents are a leading cause of injury and death in Illinois, Wisconsin, and throughout the Country. If you have been in a car accident, you may be wondering whether you need an attorney. At Claim Your Justice, we are happy to review your case free of charge and provide you with a recommendation on the value of your case.

As you read the following, keep in mind that our lawyers are available to serve you and that even in minor car accidents, at least consulting with a lawyer is usually in your best interests.

Factors That Increase the Complexity of a Car Accident Claim

Whether or not you need an attorney to represent you during your car accident claim depends on whether you want to maximize your recovery. Working with an attorney in a serious crash can improve the outcome of your case. Consider the following factors and call Claim Your Justice with any questions you might have.

  • Fault is disputed. When fault is cut and dry in a car accident claim and all parties agree about who should be held responsible, recovering a settlement will be a lot easier. On the other hand, if fault is disputed, then your claim may be denied, or you might be offered less than you deserve. What’s more, if a thorough investigation hasn’t been conducted, then you may simply not know who is at fault and against whom you should file a claim. Until you know who is at fault, and have evidence to prove it, you’ll have difficulty recovering the settlement you deserve.
  • A claim is low-balled. Even if all parties involved recognize the fault of the other, that doesn’t necessarily mean that you’ll receive a settlement offer that fairly compensates you. In fact, one of the jobs of an insurance adjuster is to save an insurance company money. This means that the insurance adjuster may offer you a low-balled settlement offer. If this happens to you, know that you have rights, including the right to reject the settlement offer and negotiate for something that’s fair, as well as the right to contact an attorney for representation.
  • Injuries are severe. You will want someone on your side who can aggressively represent your interests. When injuries are serious and you’re suffering losses, medical expenses, lost wages, property damage costs, and pain, suffering, and emotional distress, recovering a settlement that’s fair will have a huge impact on your future. Don’t risk it when so much is on the line – call Claim Your Justice and get an attorney who will fight for you.
  • The other party doesn’t have insurance. If the party who caused your accident doesn’t have insurance, you may be panicked about what you’ll do and how you’ll recover compensation for your injuries. While this certainly does complicate things, there are options available. Working with an attorney from Claim Your Justice can help by identifying other avenues for recovery and even do things like work with the hospital to have a portion of your medical bills forgiven.

How a Car Accident Attorney Can Help – The Role of a Lawyer in a Car Accident Claim

When thinking about whether you should hire an attorney, it’s important to know what an attorney does. The following outlines some of the basic jobs of a car accident attorney when representing a client after a crash.

  • Investigating the accident. One of the most important roles of a car accident lawyer is that of investigating an accident. Your attorney will possibly travel to the scene of the crash, talk to eyewitnesses, get a copy of the police report, request access to vehicle electronic control module data, and hire accident reconstruction experts in order to determine exactly how the crash occurred.
  • Gathering evidence. Throughout the accident investigation phase, your attorney will also gather evidence to support your claim, including eyewitnesses’ testimonies, experts’ opinions, photos of the accident scene and vehicle, and more.
  • Determining fault and liability. After an investigation has been completed and evidence has been gathered, your attorney will analyze the evidence and make a determination about whose fault caused the crash and therefore who should be held liable for any damages that have resulted.
  • Issuing a demand letter. As part of the process, your attorney will also calculate the value of your damages, both economic and non-economic. After liability has been determined, your attorney will issue a demand letter to the responsible party requesting compensation for the full value of your damages.
  • Reviewing a settlement. Once a demand letter is issued, the insurance adjuster will likely make a counteroffer in the form of a settlement. Do not accept the first settlement offer! Your attorney will review the settlement and determine if it is fair.
  • Negotiating a settlement. If a settlement offer is too low, your attorney will enter settlement negotiations on your behalf. This process can take weeks or months.
  • Preparing a case for court. Finally, if a settlement is reached, then the case will be concluded; if an out-of-court settlement cannot be reached, then you will need to file a lawsuit if you want to continue to pursue a greater damages award. An attorney can prepare your case for court and represent you during litigation.

Frequently Asked Questions a Lawyer at Claim Your Justice Can Answer

Our lawyers receive many questions about the car accident claims process and the role of an attorney. Consider the following answers to some of the most frequently asked questions we hear.

1. How much should you get for pain and suffering in a car accident?

Pain and suffering damages are damages for the physical and emotional distress caused by an injury and are a form of non-economic damages. Pain and suffering damages are not capped in Illinois, which means that you can seek maximum compensation for your pain and suffering. How much you will recover for pain and suffering damages depends on the extent of your injuries and for how long you are expected to experience pain and suffering.

2. How can I prove my pain and suffering?

There are multiple types of evidence that can be used to establish pain and suffering. In addition to photographs of your injuries, a personal journal detailing how you have been impacted, testimony from friends and family who can speak to your life before and after the accident, and current medical documents, the testimonies of experts can be especially valuable.

For example, medical professionals may be called upon who can offer an opinion about your injuries and for how long your injuries are expected to last and how they may impact you into the future, as can psychological/mental health professionals.

3. How much is pain and suffering worth?

How much pain and suffering are worth varies on a case-by-case basis. If a person is totally disabled by their injuries and will never be able to regain the same level of mobility or quality of life they had before the accident, their noneconomic damages will likely be valued higher than someone who is only partially disabled temporarily and whose injuries are expected to heal in full.

4. How is pain and suffering calculated in an accident?

There are different methods for calculating pain and suffering. Using the per diem method, a monetary value is assigned per day, and then that number is multiplied by the number of days for which the individual is expected to experience pain and suffering. There is also the multiplier method, which involves assigning a number 1-5, and then multiplying that number by the economic damages suffered.

A higher number on the 1-5 scale is based on the nature of the injuries, disfigurement, and disability, psychological trauma, for how long injuries are expected to last, and more. At Claim Your Justice we use the method that will maximize your recovery.

5. How long do you have to accept a settlement offer?

Just because a settlement offer is made does not mean you have to accept the offer – you can reject it and ask for a better offer, which may go on for months in some cases. With that in mind, note that you only have two years in Illinois and three years in Wisconsin from the date of your accident to file a lawsuit.

Call Claim Your Justice Car Accident Attorneys Today

If you have more questions about working with a Schaumburg, IL car accident attorney after a car crash, please feel free to call our office directly for a free consultation. We are available to start working on your case immediately.

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Personal Injury In Illinois – 13 Best Questions People Ask

Personal Injury In Illinois

What are the different ways an individual can suffer a personal injury in Illinois?

When talking about personal injury in Ilinois usually there are a variety of circumstances where a person would be injured – such as a car accident. Most people understand they can make a claim from a car accident. However, even car accidents vary significantly.

With the decades of experience we have in our firm, we’re able to help identify whether clients have a claim that is protected and if the law will allow them compensation for their injuries. That’s what we do. Those are the cases where we have the bulk of our client base. 

However, injuries on the unusual side are when people are not sure if they have rights, which can be protected by our firm. For instance, we have a case where a woman was visiting an amusement park, she stepped out of a bumper car and the floor surface of the bumper car ride was wet, causing her to fall. She was seriously injured and required surgery on her leg.

Most people may think things like this just happen, and there’s nothing they can do about it. However, it’s an attorney’s job to determine if someone has a protectable claim and if they can recover compensation for their serious injuries. In cases where someone may not be sure whether they’re entitled to compensation, we encourage those people to reach out to an attorney.

Do you have to suffer only a physical injury to make a claim, or can it also be an emotional injury?

Psychological injuries are certainly compensable as a personal injury in Illinois. We currently have a case where our client, due to the seriousness of the impact from their accident, suffered symptoms consistent with post-traumatic stress disorder, otherwise known as PTSD.

Within a week of the accident, our client went for psychological treatment and was in treatment for more than 1 ½ years. Our client was diagnosed by a psychiatrist and confirmed by a neuropsychological evaluation that they suffered from PTSD. Our client was entitled to a large settlement at the conclusion of their case.

Many times, a client will say they’re emotionally or psychologically injured from their personal injury, but they don’t seek treatment for those psychological injuries or emotional injuries. If there is treatment and diagnosis of psychological traumas after an injury, they are certainly compensable.

I recommend physically or psychologically injured clients go for treatment for their personal injury in Illinois. Even if there’s not a responsible party for your injuries – I think all of us are entitled to medical care for our injuries. 

For example, let’s say we receive a call from a prospective client who was rear-ended at a stoplight, which is a very normal car accident case. However, the accident happened a year ago and the client never went for treatment because they were too busy with work or thought they were not severely injured.

Now a year has gone by and they are finally seeking treatment. Those types of cases are difficult to recover compensation for personal injury clients.

I always put a case in the perspective of a jury. If I take a case to a jury trial, you must remember jurors are regular people just like the client and myself. Most jurors would think that if someone was injured, they would not delay treatment for a year from the date of an accident.

For these reasons, we recommend clients seek medical advice to determine if medical treatment will be necessary and for self-care.

Is emotional distress considered as pain and suffering for a personal injury in Illinois?

It’s two separate categories. Treatment a person receives for their psychological injuries is recoverable as compensatory damages for their medical expenses. However, pain and suffering is evaluated separately from that as to how long a person suffered from a psychological injury – and it’s no different with a physical injury.

You’re going to receive compensable injury, compensatory damages for your medical bills, and then pain and suffering – depending on the nature of the injury. One would be bills incurred in treating an injury, and the second would be pain and suffering and the loss of normal life, which occurred because of the injury – whether it’s physical or psychological.

In cases where insurance companies may be involved, why would someone want to use a personal injury attorney, as opposed to having insurance companies work for you?

We recommend that using an attorney is the best course of action because the attorney has experience in handling similar types of cases and can understand what the true value of a particular injury is.

On the other hand, when an individual is trying to negotiate a case against an insurance company, we don’t feel an individual is equipped with the experience, knowledge, and training to know the true value of a personal injury in Illinois.

The type of negotiation between an insurance company and an unrepresented injured party would not match the level of compensation that could be achieved with an attorney who has the experience that our personal injury firm is able to achieve for the client.

After suffering a personal injury in Illinois, when should someone contact an attorney?

After any type of personal injury in Illinois, contact our office at 847-434-3555 and ask to speak to an attorney. Explain the facts of the case and let the attorney make the determination of how they can help. It’s best to get an attorney’s evaluation of your case.

As a personal injury attorney, what’s your role in representing your clients?

My role is to make sure the client gets the representation they need – from the beginning of their case to the end of their case. A lot of times we’re able to answer questions for clients and help guide them through the course of their claim. Whether it’s through settlement or trial, we’re able to discuss whether the client is entitled to any type of lost wage claim and reimbursement for lost wages.

There are also questions about which type of insurances are available to review. Some cases may have three or four different insurance policies applicable to review. You could have a case where the responsible party has low limits of liability coverage and we must explore whether there are other limits to attack to maximize recovery for our client.

What happens in situations where the other party doesn’t have insurance, or there’s just no way the other party is going to have enough money to pay compensation?

Many years ago, I had a case where a client’s leg was amputated because of a car accident. the responsible party who caused this woman’s leg to be amputated had only $50,000 of coverage available. From an uninsured motorist perspective, our client did not have any additional insurance to cover this case.

It’s essential that those types of evaluations are made. Unfortunately, sometimes there’s not enough insurance available and there is always a maximum.

Many motorists only want to drive their vehicles for the least amount of insurance coverage as possible, which I certainly understand because most motorists will not have to come to the sad conclusion that they don’t have enough extra insurance to cover injuries.

However, in rare instances where that happens, that leaves a very sour taste in everyone’s mouth. As well as their bodies because they’re injured, and they won’t receive the compensation they deserve and need.

What is considered a fair settlement for a personal injury in Illinois?

A fair settlement or a fair recovery is one that fully compensates the client for their injuries, however, there may be insurance limitations preventing that.

I had a young lady as a client who was hit by a drunk driver. She had an excess of $70,000 in medical bills. However, the maximum available coverage was $100,000, meaning that woman will not be appropriately compensated for her injuries. As an attorney, I make sure to do the proper evaluation I need to do to find all necessary insurance. I investigated other potential insurances.

Sometimes I don’t think a fair settlement has been ordered, but I do think it’s a maximum settlement that can be ordered. Getting the maximum settlement is based on the experience of your attorney, and it’s based on how hard an attorney’s going to fight for you.

If you have a firm that has a high volume of cases, there might be motivation to resolve the case quickly and move on to another case and client. In the end, it’s the client that suffers – first from their personal injuries, and second from not getting the maximum recovery for their injuries.

Is it worth it to sue someone for personal injury in Illinois if it appears they don’t have any money?

It’s worth it after you do the proper investigation. Attorneys generally have access to tools, which let us determine if a person has assets that may be attachable, in the event of a Jury Award – which exceeds the amount of insurance available.

After an investigation, nine times out of 10, we can learn whether the responsible person has a business they may have an interest in, or if they have real estate they own.

Do you need a retainer fee for a personal injury attorney?

The basis of the relationship in these types of cases between an attorney and client is a contingency fee, meaning the attorney’s fee is contingent upon a successful recovery. You can say there’s no fee unless we win your case – and it’s a team effort.

The more successful a recovery is for my clients – the more contingency I can make for myself. That’s why we give it the extra fight for our personal injury clients.

Not only do we want to make sure the client receives a maximum recovery, but we also want to make sure our firm is getting the highest value available for the recovery that’s made. That’s how we explain it to clients. I think that puts people at ease a little bit – knowing they don’t have to pay a retainer fee.

I feel it makes people think they are not going to be paying for wasteful efforts. We want to make sure we use the maximum effort with the maximum amount of production when recovering compensation for our client.

How are personal injury settlements paid out?

Typically, a client will have three standard issues for a personal injury in Illinois: medical bills, lost wages, and pain and suffering. Pain and suffering don’t have a specific dollar amount like medical bills and lost wages do.

As a component of the case, I want to make sure I have secured all medical bills and records, which I will submit to whoever’s responsible, such as the insurance company or the attorney representing the responsible party.

I want to make sure I present them with an accurate amount of lost wages. The goal is to get all medical bills paid, get all lost wages paid, and get a substantial amount of money for pain and suffering. These are the three main components that go into a general personal injury case.

When you have issues where a client has a scar or substantial scarring – which is called permanent disfigurement, such as with dog bite cases, that will add to the value of the case. Our firm currently has a client who is going to need surgery in about a year to attempt to make their scar less notable.

So, you have medical bills incurred at the time of the accident. You have lost wages. You have pain and suffering. You have permanent disfigurement, and then you frequently will have future medical.

The value of cases is considered at the conclusion of a case. But the payout from the case is generally made at the time the case settles, or shortly thereafter.

However, there are situations where if you have a younger client, such as a minor, and you’re going to get a recovery on a substantial injury, you can do something called a structured settlement to determine what the value is today. The person can be paid out over the next 10 years for their injuries.

It also prevents two things: It prevents the person from receiving money right now and making poor investments, and to have a continuous stream of payments for the next 10 years or so. So, if my client is awarded $100,000 today – it’s $100,000. But if you put that $100,000 into a structured settlement, after the 10 years the client could have gotten paid out $210,000.

Do most personal injury claims go to trial, or do they settle out-of-court?

Most personal injury cases settle either out-of-court or prior to trial. You can have a situation where you have a case that’s in court for an extended period, eventually gets set for trial, and then it settles – either at the beginning of a trial or close to the start of a trial – but those are the extreme situations. In a normal situation,  personal injury cases will settle out-of-court.

What are examples of personal injury cases that go to trial?

Cases where you have a serious personal injury, or if you have a case that’s worth several million dollars or more. Obviously, no company is eager to pay that out. Litigation generally extends the payout because the court system takes a long time.

With the COVID-19 pandemic upon us, it’s affecting the court system, meaning trials are going to take even longer. Currently, cases have been suspended for 10 or 11 months.

Some trial cases can end sooner – if defendants can receive a substantial discount. However, in my experience, I don’t want to give a substantial discount. Therefore, those cases can spend a lot of time in court trying to receive a reasonable settlement for their personal injury case in Illinois with the court.

Contact Our Personal Injury Lawyers In Schaumburg

We have over five decades of combined experience and collected millions of dollars for our clients. We know the Illinois and Wisconsin legal systems backwards and forwards. We stick with you and help you Claim Your Justice™.

Call us now at 847-434-3555. The sooner you start, the better chance you have at getting the money you deserve.