Affordable Personal Injury Attorney Naperville Illinois

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Tips For Your Case Review

 

1. Hire an Experienced Personal Injury Lawyer

If you are seriously injured because of an accident, defective product or medical malpractice,  you should carefully select an attorney to represent you. The significance of choosing a skled lawyer cannot be overstated. The personal injury attorney you hire can make a huge impact on the outcome of your case. The level of skl and experience varies greatly from attorney to attorney. In addition, the type of cases an attorney regularly handles and amount personal attention given to each client matter.

When selecting an injury lawyer, ask questions to determine if he/she has the experience and resources needed to handle your case.

What experience does your attorney have? A general practitioner may handle a variety of legal matters such as real estate, contracts, bankruptcy, wls and estates. Other lawyers dedicate their practice solely to representing injury victims. Although there is no guarantee that an injury attorney wl get a better result than a general practitioner, you should know what percentage of the attorney’s work is dedicated to injury cases. It is important that your lawyer be famiar with the value of injury settlements and awards in the venue where your case is litigated.

Is your lawyer a true trial attorney? Some “trial lawyers” very rarely see the inside of a court room. Instead, they wl accept any low-ball settlement offer to avoid the time, expense and stress of trial. Make sure you hire an attorney that knows how to do more than settle.

Who wl be working on your case? Many personal injury law firms operate like high volume “law factories” where cases are put on a standard track, paralegals work up the case and attorneys have little or no involvement with the client or fe. In other instances, a firm may assign a junior associate to handle your case instead of the managing partner. Before signing a retainer agreement, ask who wl handle your case and make sure you are comfortable with the arrangement. Be aware that in the event you are unhappy with your attorney’s services, you have the right to fire them and retain new counsel.

2. Preserve Evidence for Trial

The claimant (or plaintiff) has the burden of proof in a personal injury case. This means that the plaintiff must present sufficient evidence to prove his claim at trial. Therefore, you should begin preserving evidence as soon as possible after an accident happens. Otherwise, physical evidence may get lost or misplaced, witnesses can disappear and memories fade with time. Some tips for preserving evidence include:

  • Take photographs of the accident scene, defective premises or product and visible injuries such as swelling, cuts and bruises.
  • Record the accident location. If you are unfamiar with the area make sure you write down the street, landmarks or other location information.
  • Get witness contact information as well as the contact information for other persons who may know relevant information.
  • Report the incident. If you are involved in an auto accident call the police. If you are injured on someones property report the incident to the landowner or occupier.
  • Get Video Survelance. Be vigant for video survelance cameras that may have recorded the incident and request a copy.

Be aware that defendants wl begin buding a defense to your claim immediately after an accident. For instance, commercial property owners often instruct employees and security guards to fl out an incident report. The report wl solicit alternate causes of an accident, such as the claimant’s footwear or if the plaintiff was intoxicated, whether warning signs were in place, admissions made by the claimant as to liabity, as well as whether the claimant reported an injury. For this reason, you should never admit fault which may be used as evidence against you in court. Also, make sure to report injuries or symptoms even if they are minor at the time.

In auto accident cases, insurance companies frequently request that you provide a recorded statement. Never give a recorded statement to an insurance company or defendant without first consulting with an attorney!

3. Stay off Social Media

Social media has destroyed many personal injury cases. When you post comments and photographs on social media sites like Facebook, Twitter or Instagram, they can be found and used by anyone – including the defense! In personal injury cases, defense attorneys wl vigorously search the internet for any information that they can use against you in court. This writer has personally witnessed defense lawyers use seemingly innocuous and mundane photographs as evidence that Plaintiffs made a complete recovery or are exaggerating their symptoms. Simply put, if you have a personal injury claim or lawsuit STAY OFF SOCIAL MEDIA!!!

4. Get Needed Medical Treatment

One of the factors used to determine the value of a personal injury claim is the treatment received by the victim. If you are injured you should seek proper treatment for your injuries. This includes following your doctor’s orders for tests, treatment and therapy. The treatment you receive can be used as compelling evidence of your injuries. It can be introduced in court through a treating physician or expert’s trial testimony. However, if you are noncompliant with your doctor’s orders, or fa to treat, the defense wl likely use this evidence against you in court.

In past cases, clients have told me that they prefer to “tough it out” or simply “don’t have time” for treatment despite enduring painful injuries. Unfortunately, foregoing necessary medical treatment wl have a negative impact on the value of your personal injury claim or lawsuit. If you do not seek treatment for your injuries the value of your case wl be reduced. The defense wl argue, often convincingly, that your injuries were insignificant due to the fact you needed only minimal medical attention.

5. Be Forthright About Prior Accidents and Injuries

Sometimes, injury victims have been involved in prior accidents or suffered a previous injury. This is usually only a problem if you are not forthright about your prior injuries. In some cases, old injuries have healed and were not symptomatic at the time of the accident. Other times, a preexisting injury is aggravated or made worse by an accident or malpractice. In a negligence lawsuit, a plaintiff is entitled to be compensated for the damages caused by the careless acts or omissions of another. This includes compensation for aggravation or exacerbation of a prior injury or preexisting condition.

If you are not honest about your history of prior accidents or injuries it may negatively impact or destroy your claim. A personal injury victim’s credibity is of the utmost importance. If your credibity is compromised, the value of your claim wl be diminished or lost.

6. Be Honest About the Extent of Your Injuries

The saying “Honesty is the best policy” holds true for negligence and malpractice claims. You should not embellish or exaggerate your injuries in hopes of being awarded more money. Not only is this fraudulent, its against the law.

Whether you are making an insurance claim or testifying in the court of law, it is important to be truthful at all times. In fact, exaggerating your claim is more likely to hurt your case than help it. In many instances, defense counsel wl hire an investigator or search for evidence to verify the truthfulness of your claims. If the defense find evidence that you have fabricated or exaggerated your claims they wl use it to impeach your credibity in court.

7. Make a Good Impression

An “X factor” that can have a significant impact on the outcome of your lawsuit is the type of impression you make whe at legal proceedings and trial.

Frequently, the first chance the defense lawyer has to interact with the plaintiff is at his or her deposition. A deposition takes place in the part of the legal process known as discovery and is a legal proceeding where out-of-court oral testimony is taken for later use in court.

At your deposition, the defense wl want to find out information about you and your case. However, they wl also use this opportunity to evaluate whether you wl make a likable and sympathetic witness. They wl look for qualities such as:  Are you polite and well spoken? Do you dress appropriately? Are you sincere? Are you knowledgeable about your case?

If you make a good impression at your deposition, there is a greater chance the defense wl make a fair settlement offer and your case wl be resolved out of court.

When parties cannot reach an agreement as to the value of a case, it wl either go to alternative dispute resolution, such as mediation or arbitration, or trial. During these legal proceedings you wl be watched closely from the moment you step into the courtroom. Usually, you only get one opportunity to present your case. So be prepared and make a good impression!

 

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  1. Get medical care as soon as possible.
    If you do not go to the hospital/ER right after the crash, see your doctor as soon as possible. The longer you wait to get your injuries diagnosed and recorded, the more evidence of your damages you can lose.
  2. Tell the truth to the police.
    Do not speculate on what you think the other driver was or was not doing. Share only facts you are sure of, and do not exaggerate the situation.
  3. Get info about everyone and everything involved in your accident.
    Make sure you obtain contact information from all drivers or pedestrians involved in your accident. Also, make notes on the types of vehicles involved. Do not forget to talk to witnesses and get their information as well – they can help prove fault in your claim.
  4. Make notes about the scene.
    Include things like weather conditions, any hazards in the road, how the traffic signals were configured.
  5. Find out where all of the vehicles involved were towed/moved to.
    If any vehicles were towed from the scene, find out where they are being stored. Also, make sure that your vehicle is not disposed of unt the investigation is completed. If any vehicles were able to drive away from the scene, find out where they wl be located in case they need to be examined.
  6. Contact both your insurer and the other driver’s.
    Georgia is a fault state, meaning you have a right to fe a claim against the other driver’s insurance policy. You stl must report the accident to your own insurance company first, but if the other driver is at fault, his policy should pay for your damages.
  7. See if anything other than your vehicle is damaged.
    If any personal items in your vehicle (phone, laptop) were damaged in the crash, they may be able to be compensated for in your damage claim.
  8. Make medical appointments and be thorough and honest with your doctor.
    Do not understate your injuries or overreact and exaggerate your pain. Be honest with your doctor, because the truth about the extent of your injuries wl come out through the investigation of your medical records.
  9. Do not tell your doctor about your legal plans or lawsuit.
    Only talk to your doctor about taking care of your injuries. Any discussion of your legal plans could end up in the doctor’s notes, which the insurance company could later see.
  10. Do not talk to others about the accident.
    The more you talk about your accident to others, the more information you could be giving to the other driver’s insurance company to use against your claim. Avoid social media discussions about your accident as well.
  11. Ensure a complete investigation is conducted.
    Make sure that all your injuries and damaged property are accounted for and documented before anything is fixed or discarded. This may mean your vehicle has to be garaged unt an investigation and inspection is completed.
  12. Do not sign any offer from the insurer unt you talk to your lawyer.
    The first offer an insurance company makes is usually a quick way to get you to settle for much less than your claim is worth. Have your lawyer review the offer before you sign.
  13. Get photos of important elements and record dates.
    Make sure you or someone you know takes photos of the accident scene, all vehicles involved, any damaged property, everyone’s injuries, and anything else you think helps tell the story of what happened in the accident. Note the date and time of the accident, and keep records of all doctor’s appointments, talks with insurance companies, and meetings with your lawyer.
  14. Do not let them repair your car unt you take photos of it.
    The damage done to your vehicle can tell a lot about what happened in the accident. Do not get anything repaired unt you have it documented in photos or on video.
  15. Do not release your medical records to the insurer.
    If the insurance adjuster asks you to sign a medical record release, do not do it unt you talk to your lawyer. This release may grant them access to your entire medical history, which could be used against your claim.
  16. Do not plead to a traffic offense unt you talk to lawyer.
    If your accident resulted in a traffic citation, do not pay or fight it unt you have talked to your lawyer. Doing so could unfairly increase your degree of fault.
  17. Do not let insurers pressure you to settle.
    You may get a settlement offer almost immediately for your damages. Insurers hope that you wl accept and not seek full compensation for your damages. You have the right to refuse an initial settlement and work with an attorney for a fair deal.
  18. Get full account of all damages.
    The initial settlement usually only covers your immediate medical expenses and damages, it rarely considers long-term consequences of injuries. When negotiating a settlement, have estimates for full repairs, long-term treatment for injuries, and estimates for lost wages and future medical costs.
  19. Keep journal of your missed work.
    If your injuries made you take time off from work or are likely to prevent you from working for a long period of time, record this as evidence for damages. Your settlement should compensate you for these lost wages.
  20. Keep medical bls/receipts in order.
    Any expense related to the care of your injuries or incurred due to your injuries should be recorded and receipts saved. This includes any equipment you need (crutches, wheelchair, etc) and services like housekeeping that are necessary because you cannot perform them yourself.
  21. Know your insurance coverage.
    Before you contact the insurance companies, review your own policies to know your coverage limits. Also, check any health or life insurance policies you have for accident injury coverage.
  22. Do not stop seeing your doctor unt she releases you.
    If you stop your medical treatment before your doctor clears you, it could mean you are giving up your right to compensation for your injuries. Follow all of your doctor’s orders for care, do not skip appointments, and take all medications as directed.
  23. Be ready to fe a lawsuit if necessary.
    Not all injury claims are settled fairly with the insurance company directly. Be prepared to go to trial if you wish to obtain a full settlement for your damages.
  24. Make sure a lawyer evaluates your case.
    That initial settlement offer may seem tempting so you can get this insurance business out of the way. But, if you accept now without having an attorney review your case and estimate the real value of your claim, you could be feeling the financial stress again in the future.
  25. Choose lawyer who wl go to court if necessary.
    Remember, the offer from the insurance company is rarely enough to fairly compensate for your damages. When the insurance agent wl not budge on the settlement amount, you need a lawyer who wl take the case to court as a personal injury lawsuit.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 
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