After you report the accident and make a claim, a SedgwickCMS claims administrator will contact you and request all the relevant information. The administrator will ask for any notes or diagrams you have made, photographs of the accident scene and/or your vehicle, cost estimates to repair the damage to your car, and in the case of injuries, any invoices or bills for medical services. If there was a police report, provide it, or the police report number, to the administrator.
In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial. For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, and a 40% contingency fee if the case settles after the lawsuit is filed.
Lost Wages You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.
Our firm handles workers' compensation and personal injury claims in Chicago, Berwyn, Joliet, Cicero, Waukegan, Chicago Heights, Elgin, Oak Park, Oak Lawn, Schaumburg, Bolingbrook, Glendale Heights, Aurora, Niles, Schaumburg, Arlington Heights, Naperville, Plainfield and all of Cook, DuPage, Lake, Will, McHenry, LaSalle, Kankakee, McLean and Peoria Counties.
Some crashes are intended; staged crashes, for example, involve at least one party who hopes to crash a vehicle in order to submit lucrative claims to an insurance company. In the USA, in the 1990s, criminals recruited Latin immigrants to deliberately crash cars, usually by cutting in front of another car and slamming on the brakes. It was an illegal and risky job, and they were typically paid only $100. Jose Luis Lopez Perez, a staged crash driver, died after one such maneuver, leading to an investigation that uncovered the increasing frequency of this type of crash.
Licensees: There are two types of licensees: invited and uninvited. An invited licensee is someone who is invited to come onto the property by the landowner as asocial guest, while an uninvited licensee is someone who is not invited to enter the land, but whose presence there is reasonable under the circumstances, such as a door-to-door salesman or mailman.
When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
Most people assume auto accidents are the driver’s responsibility – assuming a drunk, reckless, or distracted driver caused the accident. Maybe they swerved into oncoming traffic or failed to brake at a stop light, rear-ending another vehicle. Our auto accident attorneys can assess driver behavior and investigate whether another individual directly caused or contributed to your crash.
In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement -- among the parties, their insurance companies, and their attorneys, for example -- or may be ordered by a judge or jury following a court trial. (To learn more about how insurance companies value a claim after an accident, see Nolo's article How Do Insurers Value an Injury Claim?)
We thoroughly research the nature of your injuries and team with you and your doctor's to get you back to a state of vibrant health. We communicate with you every step of the way. We encourage you to try different practices to reduce stress in your life. Stress and pain are inextricably related and over the years we've found many things that can help relieve stress. We'll encourage you to try them as we go forward with you on your road to recovery.
In order to practice law as a personal injury lawyer, a bachelor’s degree and a Juris Doctor Law degree is obligatory. In addition to passing the state’s bar exam, most states require the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE). Some states require the Multistate Performance Test (MPT) as well.