Frequently Asked Questions
- What does personal injury mean?
- What do I need to be successful in my personal injury claim?
- What is negligence?
- I have been in a car accident and I am injured. What should I do?
- Should I contact an attorney now or wait until my medical treatment is done?
- How do I choose an attorney?
- Are there questions I should ask attorneys before retaining them?
- What if I am partially responsible for my injuries?
- What is "wrongful death"?
- My family member was in an accident that was not his fault and he lived for 2 weeks before dying from his injuries. Can his estate recover for the pain and suffering he experienced prior to his death?
- The insurance company called and the lady wants to take my statement. Should I talk to her?
- I was laid off from my job; how can I possibly pay a high-powered personal injury law firm?
- How long does it take to resolve my car accident claim?
- What does "statute of limitations" mean?
- What is uninsured motorist and under insured insurance?
- I was hurt on my friend's property, can I file a personal injury claim?
1. What does personal injury mean?
Personal injury is defined as a physical or emotional injury that is caused by someone else's negligence. If you have suffered a personal injury, a lawyer can help you to obtain a settlement to compensate you for your suffering, lost wages, medical bills and other expenses you are entitled to recover under the law.
2. What do I need to be successful in my personal injury claim?
In order to successfully pursue a personal injury claim, you need to prove three factors: (1) that you suffered physical or emotional injuries and (2) that you were injured and (3) that your injuries were proximately caused by another's negligence. Inevitably, you will most likely require competent medical testimony to support your claim that your injuries were caused by the negligence of another. Let our Chicago injury lawyers assist you by calling (312) 676-7222. Speak to an experienced personal injury attorney today!
3. What is negligence?
Negligence is a legal concept meaning the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do.
4. I have been in a car accident and I am injured. What should I do?
First, you should seek medical attention for your injuries. Second, you should also contact a Chicago accident lawyer to protect your rights. Call us today at (312) 676-7222 so we can help you as we have helped others recover compensation for their injuries.
Being involved in a car accident is a scary, stressful experience and you may be receiving treatment for your injuries. You may be entitled to recover compensation for your personal injuries. Our accident attorneys are experienced in handling car and truck accident litigation. We have recovered millions of dollars in settlements and verdicts for individuals who have been injured in motor vehicle accidents across the Chicagoland area and Illinois. Call us today at (312) 676-7222 to schedule a free personal injury consultation. The sooner you contact us, the sooner we can begin to work for you and put your fears to rest.
5. Should I contact an attorney now or wait until my medical treatment is done?
Contact an attorney now! You should not wait until you are done treating with your doctor to schedule a free consultation with a Chicago accident attorney. Jeffrey J. Kroll, Heather A. Begley, J. Patrick White and Roberta Heintz are an experienced team of trial attorneys with years of experience in handling personal injury matters who will begin investigating your case immediately in an effort to determine if you are entitled to compensation. While you are contemplating contacting an attorney, the other side's insurance company has begun their investigation. We may obtain witness statements, take photographs, preserve and protect evidence in the early stage of a case. Additionally, different statutes of limitations apply depending on the facts of the case. Do not delay!
6. How do I choose an attorney?
Law is a very complex profession. Different lawyers practice different areas of law. We abide by the adage, "find something you don't do well and don't do it." Thoroughly research the lawyer's track record. If you contact the lawyer, they will most likely be able to provide you with concrete examples of results in specific cases. If you or a loved one has suffered a personal injury or has been killed due to the wrongful conduct of another, you may have a legal claim. If you have a legal claim, you may be able to recover monetary damages against the wrongdoer. You are welcome to contact one of our Chicago injury lawyers at (312) 676-7222 to schedule a free consultation.
7. Are there questions I should ask a personal injury attorney before retaining them?
Obviously, this is a very fact and case specific situation. Certain questions could be asked in almost any case. For example:
- What is your track record with getting a settlement in personal injury matters?
- Do you have any published articles about personal injury law?
- Have you lectured any personal injury lawyers or groups ?
- Do you belong to any professional groups and/or associations?
- Have you ever taught law students?
- How much is my personal injury case worth?
Our Chicago personal injury law firm strives to maximize damages so that you can be fully compensated for your personal injuries or a loved one's death. That being said, all injury cases are very different. The value of your personal injury case depends on a number of factors, including, the severity of your injuries, your disability, any physical pain or mental suffering you experienced, the permanency of your injury, the amount of your medical bills, the need for surgery, lost wages, future medical care and the amount of applicable insurance coverage. It is nearly impossible to accurately predict the true value of your case until a thorough review of all the evidence is completed. There are some lawyers who will, for lack of a better word, "ballpark" the case, which is a mistake. Until all medical documentation has been reviewed, liability thoroughly examined, the value of your personal injury case cannot be determined.
8. What if I am partially responsible for my injuries?
There is a concept under the law known as contributory negligence or comparative negligence. You may still be able to recover and file a personal injury claim even if an accident or injury was partially your fault. Contributory negligence occurs when your conduct contributed to the accident. It does not mean that you were solely at fault. It means that you were merely a contributing factor to how the incident occurred. Under the concept of comparative negligence, each person involved is held accountable for the amount of damage their negligence actually caused. Typically, what happens is that your financial damages will be reduced based upon how much fault you contributed to the accident. Our Chicago accident law firm can answer any questions on these issues. Contact an injury lawyer at (312)676-7222.
9. What is "wrongful death"?
A "wrongful death" action is pursued when a person's death is caused by the negligence of another. In Illinois, the Wrongful Death Act created a statutory cause of action that affords a remedy limited to a defined class of individuals upon the wrongful death of another. The Wrongful Death Act provides: "Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person." 740 ILCS 180/2 (West 2008). The law provides for specific remedies for certain individuals. Losing a loved one is a tragedy. Consult with a compassionate attorney today regarding your potential wrongful death action by calling (312)676-7222.
10. My family member was in an accident that was not his fault and he lived for 2 weeks before dying from his injuries. Can his estate recover for the pain and suffering he experienced prior to his death?
Yes, in addition to recovering for your family member's wrongful death, if it was caused by the accident, your family member's next of kin can recover for the injuries or physical injury, pain, suffering and medical and other expenses under the Illinois Survival Act, 755 ILCS 5/27-6 (West 2008). You should contact an experienced personal injury attorney at (312)-676-7222 to discuss a potential wrongful death and survival action matters.
11. I was involved in a car accident and the insurance company called and the lady wants to take my statement. Should I talk to her?
It is important to know that an insurance company is a business. While it may appear they are trying to help you, they do not work for you. In fact, they will likely not work with you. Be very cautious about agreeing to any statements. You have an absolute right to speak to an personal injury attorney prior to giving any statement or interview or prior to accepting a settlement for your car accident. It is important to know this part of the law, because any statement taken will be utilized to negate or diminish your claim. Once you retain a personal injury attorney, insurance companies must work through your injury attorney to resolve the matter with a settlement.
12. I was laid off from my job; how can I possibly pay a high-powered personal injury law firm?
Our Illinois personal injury law firm handles claims on a contingency fee basis. The personal injury attorneys' fee and costs are deducted from the settlement or award. You will not pay attorneys' fees or costs until we obtain just compensation for the wrongs committed against you.
13. How long does it take to resolve my car accident claim?
The length of any personal injury case, from beginning to end, can often times be determined by the severity of the injuries and how long it will take an injured party to fully recover from those injuries. The more serious the injuries, there are disputes over who is at fault, the applicant's insurance or prolonged medical care and treatment, can impact a case and force it to substantially longer than a case where the injuries are less serious and there is little insurance in play.
14. What does "statute of limitations" mean?
A statute of limitations is a fixed time period within which legal action must be sought for a specific type of injury. Different types of personal injury cases will have different statutes of limitations. Different states will have different statutes of limitations. If your legal action is not initiated within the specified time period, your right to make any claims for personal injury will be barred. You should consult with an experienced personal injury attorney to determine the applicable time period for your type of injury.
15. What is uninsured motorist and under insured insurance?
Hopefully, you will be adequately compensated by the insurance company of the driver responsible for the accident and your injuries. If that driver does not have any insurance, your losses may be handled by your insurance company through Uninsured Motorist (UM) coverage. If the driver who is at fault does not have adequate insurance to cover your economic and non-economic losses, your insurance company may be obligated to compensate you under the terms of your Under Insured Motorist (UIM) coverage.
16. I was hurt on my friend's property, can I file a personal injury claim?
A personal injury claim can be very complex and more than one person or entity can be at fault. Depending on which state your claim occurred, courts may closely examine the status of the injured victim (invitee vs. a trespasser) while other states will look solely at the condition of the property. The property owner's responsibility will also depend on the situation, who was injured and, as mentioned above, the state in which the personal injury occurred.




