Congratulations! You have selected the attorney or law firm that will represent you and your loved ones in seeking justice for personal injuries sustained in an accident or event caused by the actions (or failures to act) of another. Hopefully, having made this decision will bring some relief in what is often one of the most anxious and difficult chapters of life for not only injured victims, but their family and friends.
Still, there will likely be concerns and questions about your case and the specifics of how your fight for right will take place. Your focus has been on hiring your lawyer. Now that you have chosen your advocate, it’s time to focus upon the matter at hand: your specific claims for justice.
As part of our continuing series of articles designed to help people in Illinois and Indiana who are suffering from the effects of catastrophic injuries from an accident on the job, at home, on the road, or anywhere they were just going about their day, here are a list of questions to consider asking your personal injury lawyer about your personal injury case.
For our earlier contributions in this series, read:
- Questions to Ask When Choosing a Personal Injury Lawyer in Illinois or Indiana;
- How to Choose the Right Personal Injury Lawyer for You and Your Family; and
- What to Look For in a Personal Injury Lawyer in Indiana or Illinois.
Who can file claims for personal injury damages?
After a serious bodily injury is sustained in either Indiana or Illinois, state law provides that legal recompense may be provided to those who suffer as a result of another’s bad acts. In some instances, federal law may apply (ask your lawyer for details here). See, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Each state is different; however, as a general rule it is not only the injured victim that can file claims against those who have caused the harm. Claims can be filed by others as defined by statute, as well.
This usually involves the spouse of the victim and their minor children. Sometimes, parents or other dependents may be able to seek legal damages. However, many injured victims are surprised to learn the limitations on who can — and who cannot — seek legal remedy for legitimate suffering in the aftermath of a catastrophic accident.
In legalese, only those with “legal standing” have the right to sue for injury damages.
Go over those people (don’t forget the kids) who have suffered as a result of your injuries with your lawyer: who all can be claimants? And for those that cannot, ask for the legal reasons why their damages are not compensable.
To learn more, read: Who Can Claim Damages After a Work Accident in Indiana or Illinois?
What types of damage claims can be made?
Different types of harm have been recognized in the law as being available for recompense after someone has been injured or killed due the actions (or inactions) of another with a legal duty of care.
Each case is unique. For instance, two workers suffer almost identical injuries but their legal damage claims are very different when (1) one is hurt as a welder on a Chicago office building construction site and (2) the other is a railroader hurt while on the yard. This is because the railroader is covered by federal law and the welder will be covered by Illinois jurisprudence. See, Railroaders: Railroad Accidents on the Job in Illinois and Indiana.
Generally speaking, victims will be able to seek damages for things like emergency medical treatment; rehabilitation costs after an amputation, brain trauma, or spinal cord injury; and pain and suffering. These are called “compensatory damages.” There can also be claims for lost wages, etc., known as “special damages” or “economic damages.”
Ask your lawyer to go over the particular types of damages that are available to you and your loved ones in your specific situation, based upon the law that applies in your case.
For details, read: What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
What is the Wrongful Death law?
It can be heart wrenching to practice personal injury law because the lawyer becomes involved with clients who have experienced horrific harm and must find the courage to continue in life with altered circumstances. It is even more terrible when the injured victim has perished as a result of bodily injuries, either at the time of the accident or weeks or even months thereafter.
For lawyers, being able to help in these situations comes with the ability to fight for these folk through laws like the Wrongful Death statutes of Illinois and Indiana.
These are specific laws that apply in matters where the personal injury case involves allegations that one or more wrongdoers are responsible for someone losing their life because of a failure to respect established duties of care and safety.
Here, the deceased victim will be represented in the case by the individual representing their legal estate (think executor). Others (like the widow or widower, etc.) will also have claims for damages under these laws.
Ask the lawyer to go into detail regarding the applicable wrongful death laws that apply to the case and how these laws define damages and claimants.
For more, read Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois.
What are the Strengths and Weaknesses of Your Case?
While your team of advocates will need time to research the law and investigate the facts, there will come a time when they have a pretty good idea of the details of your particular matter and how things stand insofar as a likelihood of success.
At this point, you may want to understand more about the strengths and weaknesses of your case, and where some may ask “how much is my injury claim worth” in dollars and cents.
An experienced personal injury lawyer will not be able to forecast the future. Things can change from day to day, especially after the case is filed as a lawsuit proceeding to trial. There can never be an exact answer here to anyone asking for a monetary sum.
However, your lawyer can go over things they understand to be powerful advantages in your case, from evidence that has been gathered to things like recent changes in the law. They will also be able to point out things that are disadvantages in the matter, both factually and legally.
Remember here that you and your personal injury lawyer are in this fight together. No lawyer will offer representation as a contingent fee without having some confidence in the merits in your case. If you have concerns, voice them.
Another factor here: the tactics used and the lengths that some defendants will go just to avoid doing the right thing. While the media periodically reports on aspects of tort reform decrying multi-million-dollar jury verdicts for injured victims, the reality we have experienced is that money is a powerful voice for justice. See: Nuclear Verdicts in Fatal Semi-Truck Crashes.
Corporations are notorious for trying to avoid responsibility for accidents that are caused by their own disrespect and disregard for established safety laws and industrial standards. Too many boardrooms, managers, supervisors, and contractors are willing to risk people getting hurt in order to maximize their bottom line. And insurance company bad faith is a continuing problem.
For more, read:
- Dirty Dozen List: Uber, Lift, and Ridesharing Worker Injuries;
- OSHA’s Severe Violator Enforcement Program: Employers Keep Putting Profits Over Worker Safety;
- DOJ Prosecutions of Hospitals and Doctors: Confirming Epidemic of Profit – Not Patient Care – as Motivation for Health Care Industry;
- Motor Carriers; Continued Focus on Profit Instead of Health and Safety of Truck Drivers Shown in New ATRI Report;
- More Multi-Million Dollar Civil Penalty Settlements: Dangerous Products Sold to Trusting Customers;
- Insurance Company Has Duty To Settle Your Claim: Bad Faith Lawsuits Against The Insurer; and
- Profits Over People: Corporate Greed in the News.
How Long Will This Take? Are We Going to Trial?
It is understandable that injured victims and their families want to put things behind them as fast as possible. That’s human. That’s smart.
Ask your lawyer to explain the details of your case, and what things are involved that can keep things percolating. Having several defendants, for instance, may mean that there will be multiple pockets paying damages but it also means things will take longer. Sometimes, gathering all the necessary facts can take time like when accident reconstruction analysis involves laboratory testing of potential product failures (think tires or brakes in a fatal semi-truck crash).
Settlement negotiations can happen more than once over the course of a representation. Ask your lawyer about settlement, and how often cases similar to yours settle out of court.
Also feel free to go into details of the settlement process with your attorney. What happens? Where do these negotiations take place? Do you have to be there? What if you are not happy with the settlement offer, what then?
Questions about trial are important, too. How long would a trial take in your case? What happens in a personal injury trial (what is different from what you see on TV)? If the jury verdict is in your favor, how long till you get paid? How are you paid – how is the judgment enforced in Illinois or Indiana?
Client Questions for Personal Injury Lawyers in Illinois and Indiana
After making their hiring decision for injury victims and their loved ones after a catastrophic accident, understanding the intricacies of their particular case is very important. Their personal injury attorney will be able to answer their questions with a respect for their individual circumstances.
No two personal injury matters are alike. Every matter deserves its own unique considerations. Every client has the right to ask questions about all aspects of their particular claims and to be involved as a part of the team fighting for justice against those with legal responsibility for what happened.
To learn more about personal injury matters, read:
- Corporate Greed That Disregards You and Me: The Importance of Punitive Damage Awards
- New Insurance Act Will Increase 40-Year-Old Insurance Coverage Minimums in Truck Crashes
- Who Can Be Held Liable for Construction Worker Accidents?
- Workers Remain at Risk of Deadly Harm in Illinois and Indiana: June is National Safety Month.
Too many people continue to be severely injured or killed in preventable accidents in this country. Personal injury laws exist to make victims whole after these travesties as well as to protect against future accidents made by careless and cavalier wrongdoers. Please be careful out there!
