SALVATO , O’TOOLE & FROYLAN
FREQUENTLY ASKED QUESTIONS
Why do I need a personal injury attorney?
Do I have a case?
Of course it is impossible to say with certainty whether one has a legal claim without knowing the details about the situation. However, in general, the civil law holds that one who is injured (or their surviving family members) has a legal claim for recourse any time that another party intentionally or negligently causes harm. Intentional misconduct is obvious: the other party causes harm on purpose. Negligent misconduct is slightly more complicated, but in general it refers to situations where someone acts unreasonably.
Negligence is by far the most common form of civil suit filed. It arises in many situations. In a motor vehicle collision, one driver may be negligent when they are speeding, run a red light, fail to yield appropriately, or in any other way do not act carefully. Negligence might occur when a property owner fails to keep floors free of hazards or ensure those on the property are safe.
Professionals, like doctors, nurses, long-term care workers, and others can also act negligently in their work, causing harm to medical patients, nursing home residents, and others. In fact, in some special cases a third party does not even need to be shown to have acted negligently in order to have a legal obligation to provide redress. That includes “strict liability” cases where dangerous products are made and cause harm.
The bottom line is that injured parties have legal claims in many different situations, even when the claim might not be self-evident. Because every situation is very fact-specific, the best bet is to always visit a personal injury attorney and share you story. The attorneys at Salvato, O’Toole & Froylan offer a no obligation, free consultation. Therefore, there is nothing to lose by explaining how you were injured and learning how the law applies in your specific case.
What is this going to cost me?
2. A Contingent Fee Agreement. This is an arrangement whereby the client will not have to pay any attorneys’ fees, unless there is a recovery by settlement or verdict from the defendant(s). In other words, “We Don’t Get Paid Unless We Win.” This means that if we are unsuccessful in making a recovery on your behalf, our services are free. Under this kind of agreement, we receive compensation for our work on a case based on a percentage of the total recovery. The amount you would have to pay as a client would be equal to a specified percentage of your total recovery, consistent with applicable law and regulations.
3. Court Costs and Expert’s Fees. Costs customarily are payable at the conclusion of your case, and are separate and distinct from our attorneys’ fees. These are costs our office pays to file your case, serve defendants with notice, take other actions involving the courts, and hire appropriate experts.
How long will my case take?
What is my case worth?
Should I accept a settlement from the insurance?
For these reasons, it is not uncommon for a claim’s adjuster to visit you very soon after an accident. To entice you to accept a settlement for far less than you could recover, the adjuster often comes ready to make a payment immediately. This is an underhanded tactic used to end a matter right away when an injured party is at their most vulnerable and has not had time to fully evaluate their options. It is important not to fall for this trap. There is no reason to make rash decisions about a settlement or offer from an insurance company. It is prudent to fully think through all legal decisions and not to sign away legal rights without being fully appraised of the consequences.
Along the same lines, there is no benefit to making recorded statements or providing material to the insurance company without first getting legal advice. In most cases, these requests are made specifically to use your words against you in possible legal cases in the future. Even if you simply intend to state that you were not responsible for the accident, it is very easy for these comments to be taken out of context and used adversely. Always get legal advice first.
Please remember: The insurance company’s interest is in ensuring that you receive as little as possible. Do not deal with the company alone. Retain the services of a personal injury attorney who can ensure that the company actually pays the full value of the claim taking all of your past and future losses into account.
Am I suing the person or the insurance company?
Will I get fired if I file a workers compensation claim?
“It shall be unlawful for any employer, insurance company or service or adjustment company to interfere with, restrain or coerce an employee in any manner whatsoever in the exercise of the rights or remedies granted to him or her by this Act or to discriminate, attempt to discriminate or threaten to discriminate against an employee in any way because of his or her exercise of the rights or remedies granted to him or her by this Act.”
Contact a Chicago personal injury lawyer today to schedule a free case evaluation
People who are injured by the negligence of others are often legally entitled to compensation for their losses. Among the types of damages available in many Illinois personal injury cases are those for medical expenses, lost income, loss of future earning potential, property damage, and loss of enjoyment of life, among others. The Chicago personal injury attorneys of Salvato, O’Toole & Froylan have been helping victims of preventable accidents recover for their injuries since 2010 and have recovered multiple settlements in excess of one million dollars on behalf of their clients. We use a contingency fee arrangement in our representation of all of our personal injury clients, meaning that we do not collect any legal fees unless we successfully recover on your behalf. To schedule a free consultation with one of our attorneys, please call our office today at 312-583-9500.