Q. What to do if you are in an automobile accident
A. Would you know what to do if someone hits you with their car? If you drove your car into another car??? Into or you are the pedestrian??? A pedestrian? When a car accident happens, injuries may be severe and emotions may be high. However, there are important things that must be taken care of both at the scene of any accident and following an accident. The following is a list of things that should be done, if at all possible, when any accident occurs.

Call 9-1-1. Even if the damage to your car seems fairly minor, many insurance companies require you to report accidents or collisions within a time limit. Do not move your car until the police officer tells you to. Tell the investigating officer the truth about what happened, and how you feel.

If you have any concern about whether you may have been injured, allow the police to call an ambulance for you. It is always better to get examined right away for two reasons. First and foremost, if it turns out you have sustained a serious injury, the sooner you get treatment the better. Second, this also gives your attorney the proof you may need to prove those injuries were caused by the car crash. Additionally, many emergency physicians will tell you that people hurt in car crashes will actually feel more pain the day after an injury. It is always better to get checked out immediately after an accident to make sure there are no injuries that you may not be aware of. Naturally, if you have sustained a serious injury, you will need immediate transport to the nearest hospital or emergency treatment. The sooner you are seen by a qualified doctor, the better.

If you are able, get the names, addresses and phone numbers of all witnesses to the collision and the investigating police officers. You never can tell what information your lawyer will need, and it is always a good idea to have independent witnesses to testify how the collision occurred. I have seen too many cases where doubt can cloud the mind of a juror if there is no corroboration from independent witnesses. Do not let the lack of corroborating evidence rob you of your ability to prove the collision was the other drivers fault.

Talk to the other driver or drivers to see if they need medical assistance. Remember, however, that whatever you say to the other drivers, and whatever they say to you, can be admissible into evidence if your case goes to trial.

The cardinal rule for all car accidents is that you should never leave the scene without stopping. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a "hit-and-run" driver.

Exception: If you are hit by another car in a deserted area, use caution in stopping and getting out of your vehicle. Unfortunately, there have been reported incidents where a person exited their vehicle in a deserted or unsafe area after being bumped by another car only. to be robbed or killed. Instead of getting out of the car if you find yourself in that situation, drive to the nearest police station to report the accident. If it turns out that you were being over-cautious and the other driver had no ill intentions, you may be embarrassed, but you will also be safe.

If you are in a safe area, move your car out of the flow of traffic, if possible, to the shoulder. Take care in exiting your car. Watch for traffic, other people, and broken glass or car parts.

Q. What does it cost to talk to an attorney to find out if I have a case?
A. Nothing. Consultations are free.

Q. I am hesitant to call an attorney because I may not have a case.
A. You risk nothing calling an attorney to find out if you have a case. It is also important not to wait as there are statutory limitations periods which apply to all injury cases. These Statutes of Limitations, as they are called, act as a bar against bringing a claim for injuries if the limitations period is exceeded. Therefore, it is always best to call as soon as possible.

Q. I think there are too many lawsuits, but I have been injured and believe I am entitled to compensation. What should I do?
A. Consult an attorney. Not all claims require the filing of a lawsuit. In fact, in the vast majority of situations, the guilty person's insurance company will settle without the need for filing a lawsuit. If you decide not to bring a claim for your injuries, you and your health insurance company end up bearing the entire burden for all the ways in which the injury has affected you. When you do not assert your claim, the only one who benefits is the guilty person's insurance company.

Q: How much does it cost to hire an attorney for my injury claim?
A. Nothing. Injury claims are usually handled on a contingent-fee basis. This means that the attorney will charge you no fee unless you obtain a recovery for your injury. In most instances, your attorney will also finance the case for you, and advance the costs necessary to successfully prosecute your claim.

Q. I was injured in a car crash and the insurance company adjusters have called me to discuss the case. What should I do?
A. Consult with an attorney. You are not required to speak with an insurance company adjuster without first consulting an attorney. An insurance company adjuster works for the insurance company. The adjuster's goal is to save the insurance company as much money as possible. Many times the real purpose is to get your recorded statement, which is then used to deny responsibility for your injuries.

Q. The insurance company adjuster wants me to sign papers. What should I do?
A. Consult with an attorney before signing anything from the guilty person's insurance company. If you do not understand what you are signing, you could end up signing away your right to obtain any recovery for injuries you have sustained. If the adjuster wants you to sign medical authorizations, this may allow the insurance company to obtain all your medical records, including records for completely unrelated and delicate medical conditions. An attorney can help you prevent the guilty person's insurance company from obtaining unnecessary medical records and help you maintain your privacy. An attorney can also keep the insurance adjuster from contacting you at all, so you can concentrate on getting better, andputting your life back together.

Q. Why do I need to hire an attorney at all?
A. An attorney who concentrates his or her practice in personal injury law becomes your own expert, just like the insurance company has its expert, the adjuster. Your attorney will handle all the aspects of dealing with the insurance company and eliminate all intrusion into your private life by the insurance company. A knowledgeable attorney will also have extensive experience in reviewing medical records, and will ensure that the insurance company is provided with only those records necessary to verify your injuries. A knowledgeable attorney will also have extensive experience in negotiation with insurance companies and, when the time comes, will enable you to obtain full and fair compensation for all the ways in which the injuries have affected your life.

Q. How long will it take to settle my claim?
A. This will depend on how long it takes for your medical condition to reach a permanent state. It does you no good to settle a claim quickly if there is no way to yet determine the full extent of your injuries. Once your condition stabilizes and you are released from your doctors care, cases can generally be settled within a fairly short amount of time. Furthermore, it is only after your medical condition has reached a permanent state that a knowledgeable attorney can analyze the full extent of your injuries and begin negotiating with the insurance company to obtain a fair and full amount of compensation for all the ways in which you have been injured. Generally speaking, if the insurance company refuses to offer a fair amount of compensation, it may become necessary to file a lawsuit.

Q. What's my case worth?
A. This is perhaps the most frequently asked question of all. It is simply not possible to give an accurate answer until all the facts have been assembled and analyzed. Any attorney who claims to be able to answer this question without having all the facts, including all the medical information and facts surrounding the occurrence, is either not being honest with you or not sufficiently experienced in this area of the law to fully assist you. In Illinois, there are various elements of damages which combine to amount to fullcompensation. These elements include compensation for:

• past and future medical bills
• past and future lost income
• past and future physical pain and mental suffering
• your inability to enjoy life as you did before an injury
• disfigurement such as scars
• the aggravation of a pre-existing condition
• family members for an injury resulting in the death of a family member

Q. I wanted to hire a certain attorney and made an appointment to meet with him. When I got to his office, he was not there, and had me meet with another attorney from his office. While this other attorney seems capable enough, he is not the one that I wanted to hire. What should I do?
A. Perhaps you should hire another attorney. Many times, large firms market themselves on the expertise of one or two main attorneys. Necessarily, there is a limit to the number of cases that an attorney can handle properly. With a large caseload, it becomes necessary to hire associate attorneys to assist the main attorneys. You are not required to accept an assistant attorney that is not of your choice. If the attorney that you wished to hire is too busy to handle your case, perhaps you should find an attorney who is not too busy for you.

Q. The attorney I have hired has been handling my case all along when all of a sudden he handed me over to a different attorney. When I questioned this, he told me that the other attorney is helping him with my case - can attorneys help each other like that? Why would they do that? Does this mean I have to pay two attorneys?
A. It is common for attorneys to hire other, less experienced attorneys to assist them in representing clients. Generally, the attorney assigning the tasks to his or her assistants will not assign a task that is beyond the expertise or experience of the particular assistant. If you feel that an assistant attorney is not capable of performing an assigned task, this should be brought to the attention of the supervising attorney. Furthermore, if you do not consent to this relationship, tell your attorney immediately. It is your choice who represents you, and who works on your case. If your wishes are not honored, perhaps you should retain a different attorney. Lastly, the fact that an assistant attorney has worked on your case should not increase the fee agreed upon at the outset.

Q. I can never get my attorney to call me back. What should I do?
A. Perhaps you should find another attorney. You should understand, however, that like anyone else, attorneys get busy. Many times an attorney may be out of the office or assisting another client. Or your attorney may be in trial. During trials, an attorney often must devote all of his time to the trial of that case. This is certainly the attention that you would want if your case was being tried. However, your attorney should have assistants who can help you until your attorney can get back to you. If your call is an emergency, there should be a message system that will provide you with an answer within 24 hours. If your call is more routine, and a staff member cannot help you, your attorney should answer your question as soon as possible after trial or once he is back in the office.

Q. Since my injury, many attorneys have contacted me asking to represent me. What should I do?
A. Attorneys are prohibited by law from directly contacting people who have been injured in an attempt to solicit their business. If you have been sent written materials, they must be clearly labeled as "Advertising." If you are directly contacted by attorneys or their agents, and they are attempting to solicit your case, you may wish to report them to the Attorney Registration and Disciplinary Commission at 3121565-2600 OR 800/826-8625.

Q. After I hired my attorney, I was directed to an "assistant" who is negotiating with the insurance company. This "assistant" is not an attorney. What should I do?
A. Unless you have been fully advised of the qualifications of someone negotiating with the insurance company on your behalf, and you agree to this arrangement, lay wish to discuss this with the attorney you hired, or simply obtain hey. It is your case. You are the one in charge of your case, and you o decide who does what with regard to your case. If you are unhappy of the relationship with your attorney, perhaps you need a different attorney.

Q. I was hurt at work and the company will not pay for my medical bills. I still work there and plan to stay here. I don't want to cause trouble or hard feelings, but I cannot afford to pay these bills and cannot get the rest of the treatment I need because I don't have the money. I would not have this pain and these bills if the company had followed proper maintenance on their equipment before I was hurt. What can I do?
A. Talk to a competent attorney. Under the Illinois Workers' Compensation Act, the company’s insurance provider is responsible for the bills, and must pay for whatever medical care is made necessary by your work-related injury (within certain statutory restrictions). To be sure you are treated fairly, make an appointment for a free consultation with a knowledgeable attorney to discuss the particular facts of your case.

* Any advice or information on this site is void where prohibited by law.