For injured victims and their loved ones, it’s important to know the differences between the lawyers and law firms who represent clients in personal injury cases here in Illinois or Indiana.
For many injured victims and their families, their first need for an attorney will be after a loved one has been severely injured or killed in a catastrophic event which looks to have been caused by one or more failures by those with duties of care. The stress they experience is incomprehensible.
Both the victim and their loved ones have to find daily internal strength to deal with things like emergency medical treatment, lost wages, surgeries, pain and suffering, loss of consortium, psychological trauma, life-altering injuries and disabilities, grief, and crucial financial stressors.
Sadly, under both state and federal law, these will not be the only burdens they must bear. Under the jurisprudence of Illinois and Indiana (as well as federal statute, should it apply) they also have the responsibility of pursuing claims for justice against those who are legally at fault for what has happened.
And even more burdensome, they have a time deadline in order to do so. If legal claims are made after the expiration of the applicable statute of limitations, then their claims will be barred as missing the filing deadline no matter how valid and meritorious. For more on limitations deadlines, read: Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Who should they hire as their attorney? Obviously, all of this is often overwhelming.
That’s why it is so important for people who have been injured at home, at work, on our roadways, or as they otherwise go about their daily lives, to have the information they need in order to make an informed and confident decision in who they choose to be their advocate in their pursuit of justice.
There are few relationships in life that demand greater trust, respect, integrity, and honor than that of an attorney and client. This article provides details regarding lawyers and law firms with the hopes it can help those who are in need of finding the right lawyer for them and their loved ones.
In future articles, we will detail other factors in this decision-making including things like how lawyers are paid, when experts are needed and how they are found and compensated, and more.
Lawyer Education and Licensure
Lawyers practicing in Illinois and Indiana will have first earned a doctoral degree known as a “Doctorate of Jurisprudence.” This must come from an institution approved (“accredited”) by the American Bar Association (“ABA”). Read, “What Is a J.D. Degree?” written by Andrew Warner and published by U.S. News & World Report on August 1, 2023.
After they achieve their doctorate, the next step for most is to obtain a license in order to practice in a particular state. See, “Lawyer Licensing,” published by ABA, which links to each state agency and its individual law license requirements.
Getting that law license involves not only passing a two-day state bar examination but also being approved by the state on their moral character and fitness to practice law.
Some attorneys go the extra mile and become licensed in more than one state. For instance, our founder Kenneth J. Allen, Esq. is admitted to practice law in both Indiana and Illinois.
There are separate requirements for being licensed in federal court. Admission to the federal bar must be achieved by meeting the particular requirements of that federal court. For instance, there are distinct admission requirements to represent clients in the United States District Court for the Northern District of Illinois; the United States Court of Appeals for the Seventh Circuit; and the United States Supreme Court. Other separate requirements must be met for admission to specific federal courts, such as the United States Court of Federal Claims in which our own Bryan L. Bradley, Esq. has admission.
For more on federal jurisdiction over personal injury matters, read: Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Lawyer’s Chosen Practice Areas
No one lawyer can represent clients in every possible area of legal practice. Attorneys choose their career focus. Some will work in areas of entertainment law, or estate planning, or taxation, for example.
For those who have suffered bodily injuries or harm, they will need to look for those lawyers dedicated to the practice of personal injury law. And they will find lots and lots of guidance on how to do so online. See, “How to Find a Personal Injury Lawyer,” written by Christopher Ricci and published by Money Magazine on November 28, 2022.
There are some lawyers and law firms who dedicate a part of their time or efforts to the practice of personal injury law. Others have committed absolutely all of their energy and resources into helping those who have been harmed by the acts of another. It’s important to understand this distinction.
What is Personal Injury Law?
The ABA defines personal injury law as law that is “… designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.”
It can be broken down into the following areas:
- Personal Injury Claims
- Negligence
- Medical Malpractice
- Product Liability.
Regardless of its categories, all personal injury law involves the lawyer working with the client to prove two things: (1) liability and (2) damages. Facts must be found that can be turned into authenticated and admissible evidence to prove up both these components of a successful personal injury claim.
Of course, these cases can become very complex. Was this incident intentional or was it caused by negligence? Was that gross negligence? Does the law provide for strict liability in this matter?
And what about damages: what does the law provide for the victim and their loved ones? What are the compensatory damages? Are punitive damages (punishment) allowed in the situation?
Another variable the injured victim needs to know: some personal injury lawyers and law firms have built a reputation for victories within specific areas of personal injury law. There are lawyers who over the years have become known for their dedication to fatal semi-truck crashes, for instance, or for medical mistakes; fatal motor vehicle accidents; defective product injuries; etc.
To learn more, read our earlier discussions in: Corporate Greed That Disregards You and Me: The Importance of Punitive Damage Awards; Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages; and What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Personal Injury Attorneys are Trial Lawyers
Personal injury matters involve claims for damages that are asserted against one or more individuals or entities that should a lawsuit be filed, will be defendants in the case. The victim and their loved ones will be identified as the plaintiffs.
After a thorough investigation into the circumstances of the incident where the injuries occurred, as well as the subsequent damages sustained in medical care and treatment, there will be attempts to settle or mediate the matter.
It is important for the injured victim to know that in the event that there is not an acceptable negotiated resolution, then their personal injury lawyer must be ready to take the case to trial before a jury. Attorneys who practice personal injury law should be proficient in litigation, and that includes going into the courtroom to try the case if justice demands it.
Trial experience is an important factor in settlement negotiations with insurance carriers and their defense counsel who are trying to keep their claims payout as small as possible. Having an advocate who is recognized by the defense as someone not only ready to take the case to trial, but with a record of success with juries, can be very advantageous.
For those that qualify, there are organizations whose memberships are limited to personal injury lawyers with a sufficient level of courtroom and trial experience. These include the American Association for Justice and the Litigation Council of America. A select few have achieved invitation into trial lawyer groups such as the Million Dollar Advocates Forum; Best Lawyers in America – Personal Injury Litigation – Plaintiffs Division; the National Board of Trial Advocacy; and the National Trial Lawyers Top 100.
Personal Injury Law Firms
Sometimes, lawyers who have chosen to devote their entire careers to helping personal injury victims will band with other personal injury attorneys in a law firm where not only can a team provide added benefits and guidance, but the organization as a whole can build a plethora of resources (expert analysis; technology; etc.) that supports and enhances the attorney’s ability to build the case for the client.
Personal injury matters can be very complicated. Things like having medical expertise right down the hall to the lawyer in a personal injury law firm can be invaluable in comprehending detailed medical records and calculating future medical expense damages. Advanced software that a lawyer might not be able to afford as a solo practitioner may be commonplace in a larger personal injury law firm.
Each client is different. Some injury victims may prefer the one-on-one relationship they can build with a personal injury lawyer who works on their own, or with one or two others. Then again, others may prefer to enter into a relationship with a personal injury lawyer who works as part of a larger firm.
Searching for the Right Personal Injury Trial Lawyer in Illinois and Indiana
For those who have suffered serious harm because of the actions, or failures to act, of others, the cruel truth is that they have to deal with the heart wrenching realities of their changed lives while facing the time-ticker of a deadline within which to claim justice from those who caused their injuries.
Choosing which attorney is best suited to be their advocate in these matters is one of the biggest decisions they may ever have to make. It is important that the injured victim, and their loved ones, have as much information as possible regarding not only their case but the lawyer who will be representing their interests.
This includes knowing:
- The educational background of those personal injury attorneys they are considering;
- The good standing and licensure of the personal injury lawyer (do they practice in the courts where the claims must be filed?);
- The percentage of the lawyer’s practice dedicated to their type of personal injury matter;
- The past experience of the personal injury lawyer in negotiations, settlement, and trial work;
- The resources available to the personal injury lawyer or personal injury law firm; and
- Any recognition of achievement by the personal injury lawyer or law firm in the area of injury claim that pertains to their case.
And there’s another factor that is perhaps the greatest aspect in deciding between personal injury lawyers in Illinois and Indiana. This is the personal rapport between the client and the attorney. After all, you will be trusting this person to fight for you against some tremendous adversaries.
Tort litigation is infamous for how insurance companies and others denigrate and belittle the efforts of personal injury lawyers to do what is in the best interest of their clients.
Your chosen personal injury lawyer must be someone who is compassionate and understanding of what you and your loved ones have gone through — and the suffering you may still experience every day. They must also be proficient and powerful professionals who are more than ready to fight for right on your behalf against powerful interests seeking to minimize their exposure by any means available to them.
For more, read:
- Truck Safety Coalition Releases 50-Page Report Denouncing Trucking Industry’s Position on Nuclear Verdicts
- Nuclear Verdicts in Fatal Semi-Truck Crashes
- Bad Faith: When an Accident Victim is Victimized a Second Time by the Insurance Company
- Federal Tort Reform Bills: How These Laws Can Harm Injury Victims in Indiana and Illinois
- The Cost of Commercial Truck Accidents: FMCSA Pushes for Commercial Carriers to Take Greater Financial Responsibility for Big Rig, Semi Truck Crashes.
Also see our future articles discussing other aspects of the attorney-client selection process for personal injury victims.
Choosing the right personal injury lawyer for you and your loved ones is extremely important. Sadly, all too many people continue to be injured and killed in preventable accidents every day in this country. Please be careful out there!
