How to choose a personal injury attorney? (Part 3)

You have a valid personal injury claim if you were injured as a result of an accident, caused by the fault of another.  When you are in the process of searching for an attorney, you should take your case to an attorney who has experience in the personal injury legal field.  It it very important that your case is handled by an attorney who is passionate about personal injury law.

If you have a valid personal injury claim, you can recover for:

1. Medical expenses incurred during treatment of your injuries;


2. Future medical expenses;


3. Loss of Wages;


4. Loss of Future Wages;


5. Pain & Suffering; and


6. Loss of enjoyment of Life.

It may very well be the case that your personal injury attorney will play an important role in protecting your future in the event of injury.  It is critical that your personal injury attorney is willing to fight for your rights.

You’re injured, and you’re partially at fault–Do you still have apersonal injury claim?

The short answer to this question is: it depends.

Illinois law concerning fault and recovery has gone through several serious transformations.  Up until the 1981 Illinois Supreme Court decision, Alvis v. Ribar, Illinois used a "contributory negligence" system to determine whether a plaintiff could recover in a personal injury claim.  Alvis v. Ribar, 85 Ill. 2d 1 (Ill.1981).  Under this system, any degree of fault attributable to a plaintiff was an absolute bar to recovery.

The Alvis decision ushered in a new set of laws pertaining to fault and recovery in Illinois. Under the new "comparative negligence" legal system, plaintiff recoveries were limited by the percentage of their own negligence or fault.  So theoretically, if a plaintiff were 25% at fault or even 75% at fault, that plaintiff could recover with a reduction reflecting the percentage of their fault.

In 1986, the Illinois State Legislature enacted law that has supplanted Alvis's comparative negligence system. The new law is a hybrid between contributory negligence and comparative negligence.  Since 1986, Illinois has been a "modified contributory negligence" state.  735 ILCS 5/1116.  Under the current modified contributory negligence system, recoveries for damages are diminished in proportion to the percentage of fault attributable to the plaintiff. (Similar to comparative comparative negligence laws).  However, plaintiffs who are more than 50% at fault are completely barred from recovery. (Similar to contributory negligence laws).

Statute of Limitations – How long can you wait to file a personalinjury claim?

One of the most important factors in any personal injury claim is: what is the applicable statute of limitations?  This questions determines when a personal injury claim may be filed. If a claim is not brought within the the appropriate statute of limitations time period, the claim will be barred and Courts will not hear the case.

Generally, actions for personal injury damages in Illinois must be commenced within 2 years after the cause of action accrued.  735 ILCS 5/13-202.

However, there are several nuances to this rule:

Personal Injury to Minors:  In this situation, the statute of limitations does not begin to run until the minor reaches the age of 18.

Personal Injury Actions Made Against the State: In this situation there is an additional notice requirement.  The Court must be notified within 1 year of the injury, and suit must be filed within 2 years.

Dram Shop Actions:  Personal injury actions must be filed within 1 year.

Personal Injury Claims Against the Chicago Transit Authority: In the past, claims made against the CTA had to comply with a 6 month notice requirement.  If CTA did not recieve notice within 6 months of an individual's injury, the claim would be bared.  However, as of June 1, 2009, Governor Patrick Quinn repealed the 6-month notice requirement. Today, personal injury claims against the CTA need only comply with a 1 year statute of limitations.

Personal Injury Claims Against a Local Public Entity: Claims must be filed within 1 year.

An experienced personal injury attorney will ensure that all applicable statute of limitation requirements are met.

Are Incorrect Police Reports A Bar to Recovery on Your Personal InjuryClaim?

A client recently asked me about an all too common situation:  He was involved in an auto-accident and the person who hit him was at fault.  Unfortunatley, the police report for the accident incorrectly showed my client to be at fault. Would he be prevented from recovering for his damages/injuries?

The answer to this question is: NO.

Chances are you've heard of the term Hearsay. This situation is why the rule exists.

According to Rule 802 of the Federal Rules of Evidence: "Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress."

According to Black's Law Dictionary hearsay is: "testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of some other than the witness."

In this situation, the police report is hearsay.  The report is a police officer's out-of-court writing.  The police report does not consist of "the facts." The police officer was not a witness.

Even though the police report is inadmissible hearsay, however, the police report will be used by insurance companies to facilitate the settlement of claims. So, if the police report is wrong, chances are you will have to file a claim with the court and perhaps go to trial.

In short, an incorrect police report may create roadblocks, but it should not bar just compensation for damages.

Uninsured/Underinsured Motorist Provisions

When people are involved in collisions or accidents, they naturally look to the individuals who caused the collision or accident for recovery. Very often, however, the individual who caused an accident (a) will not have insurance coverage or (b) will not have adequate insurance coverage to cover the claim.  In this situation, achieving recovery may require looking into one's own insurance policy for "uninsured" and/or "underinsured" motorist provisions.

The validity and usefullness of this kind of coverage becomes clear in light of statistics from the the Insurance Research Council which show that the  number of uninsured drivers can reach 25% in some states. The Insurance Research Counsel also estimates that 15-17% of drivers nationally are uninsured.

Fortunately, Illinois requires uninsured/underinsured provisions.  An important caveat is that uninsured/underinsured generally only covers bodily injury and not property damage.

The Law Offices of Adam J. Zayed, P.C.  are dedicated to fighting for victim's rights.  For representation throughout the Chicago area, please contact one of our attorneys at 888-337-0023. 

How to Choose a Personal Injury Attorney (Part 2)

Honestly, one of the best ways to find a personal injury attorney, or any attorney for that matter, is to ask your family, friends, and acquaintances.  The chances are very high that someone you know knows a good attorney.

Another way to find an attorney is to use attorney referal services.  This method may prove slightly less credible, however, because the attorneys you will find through these services pay to get on the referral list.  Their skills as attorneys may very well be suspect, but if they pay their fees to the referral services, they remain on the list.

Another method for finding an attorney is to contact the local Bar Association for your area.  Most likely your area or county will have Bar Association listings of attorneys in particular practice areas.  These listings, however, do not necessarily ensure the capabilities of attorneys.

How to Choose a Personal Injury Attorney (Part 1)

It is not easy to choose a personal injury attorney.  Part of the difficulty is due to the sheer number of attorneys.  Another part is actually finding an attorney.  (Finding an attorney is not as easy as flipping open the yellow pages these days).  A very large part of this difficulty is due to the fact that people are not aware of how attorneys work, which means that people seeking attorneys might not be able to distinguish a good attorney from a bad one who will run a case into the ground.   One of the best things to do is to do some research and to go into an attorney-cient relationship with some knowledge.

One of the most important attributes your attorney should have is the ability to give you security.  At the end of the day, your attorney should help you sleep easy knowing that your claim is going to be redressed.  Finding the right attorney means knowing that your interests will be protected.  Your attorney should show you compassion and should be more interested in redressing the wrong done to you than profiting from your claim.  Not all personal injury attorneys are "ambulance chasers."  The right attorney is out to fight for your rights, not merely to capitalize on the tragedies that have befallen you.