Why Won’t You Take My Case?

Why Won’t You Take My Case?

Unfortunately, we cannot help every person who contacts our office. Our firm has made it our goal to help injury victims.  This means we handle cases which we believe we can successfully resolve favorably for our clients.  This also means we must decline representation at times.
In order to proceed on a personal injury case you must prove the following: liability, proximate cause and damages. If we do not prove all three of these items we lose at trial.  Attorneys invest time and money into every case they take on a contingent agreement.  We do not get paid if we do not win.  Therefore we must be selective in our representation.
Liability means that we must prove someone else is at fault. This can be difficult in slip in fall matters.  Just because you are hurt on someone else’s property does not mean they are legally responsible for causing your injuries and have to pay for your injuries.  We must prove they did something wrong.   An injured person can also be found part at fault and still recover money, unless a jury determines the injured person is more than half at fault for causing that injury.  The ability to prove liability depends on the specific facts of every case.
Damages include but are not limited to medical bills, lost wages, and pain and suffering. These items are awarded a specific monetary amount.  In order to recover damages, we must prove the damages are a result of the crash, fall, or other event claimed.  This is called proximate cause.  It does not require the event to be the only or nearest cause.  Cases where someone has a prior injury can be difficult.  Also, older individuals often have degeneration or arthritis.  Insurance companies often try to use these non-painful prior conditions against injured people.  Damages and proximate cause must be proven through medical treatment.  Good medical treatment is therefore essential to proving our case.
We are proud to represent injury victims. We have helped thousands of them.  We cannot take every case that comes through our door, only cases where we can prove liability, causation and damages.  This sometimes upsets people.  We always advise potential clients that are not retained to seek a second opinion of another attorney, since they may view the facts differently.  Also, cases can change after our first appointment if the facts are determined to be different than we were advised.
It is our position that we would rather have a client leave disappointed after the first visit than find out later that we see problems that make their case unprovable. This means we take the time to discuss the case with the client at that first visit.  We never send a non-lawyer “investigator” to your home.  You meet with a partner of the firm. If you have been injured, contact our office for our honest opinion from one of the partners of our firm.   We assure you that you will always get our honest opinion on your case based on our history of handling thousands of injury cases just like yours.

Has a lawyer called you about your recent injury?

Has a lawyer called you about your recent injury?

No Soliciting from AttorneysBelieve it or not, lawyers are held to a strict set of ethical rules that they must follow or they could be sanctioned.   Sanctions, if issued,  can be anything from a written warning to a revocation of a lawyer’s license.
In Illinois, it is unethical for a lawyer to contact you personally about a potential injury claim unless the lawyer represented you before, is a family member or a close personal friend.   If you have been injured in a car accident caused by someone else’s negligence, and a lawyer you don’t know calls you on the phone, or has their “investigator” call you on the phone, be aware they are potentially engaging in unethical behavior.  And if that lawyer is acting unethically before you even hire them to represent you, what does that tell you about the kind of representation you can expect from them?
Here in the Northern Illinois area, we have heard of many instances where an injured person has received an unsolicited telephone call from a lawyer they don’t know or that lawyer’s representative shortly after being injured.   Some of these calls come from out of state lawyers, who send a non-lawyer “investigator” to talk to you.   The goal of this meeting is to get you to sign a Retainer Agreement for them to represent you.   Once you sign a Retainer with them, they will likely receive a fee regardless of the quality of the representation and even if you fire them later.
At MacCloskeyKesler & Associates, we don’t make unsolicited phone calls to injury victims, and we don’t use “investigators” to meet with you.   When you meet with us for a free initial consultation, you meet with a lawyer, not a paralegal or “investigator”.   When we give you advice, it is advice you can count on.  We have heard of instances where an “investigator” gives advice that is just plain wrong.   Needless to say, it can be damaging to your rights and to your settlement to rely on advice from a non-lawyer that turns out to be bad advice.
So if you’ve been injured in any manner of vehicle accident, call us at 815-965-2000 for a free consultation.   You will meet with a lawyer, not some “investigator” with questionable credentials.   You can rest easy knowing that the advice you get will be good advice, based on Illinois law, and the experience gained from representing thousands of other people who have been hurt just like you.
 

How Much Compensation Am I Entitled To?

How Much Compensation Am I Entitled To?

Fair Compensation Justice StatueMany people have asked what we mean when we say that you are entitled to compensation for injuries sustained in a car accident or other injury.  In Illinois, an injured plaintiff is entitled to full and fair compensation for the nature and extent of her injuries.
This means that the severity of the injuries and damages must be balanced against the proposed compensation until the Jury believes the injured person has received “full and fair compensation”.   A Jury determines the amount of fair compensation by looking at the injuries proven by the evidence to have been caused by the accident, fall, dog attack or other incident.
An injured person, called the plaintiff, has the burden of proving what those injuries and damages are.   So we, as the plaintiff’s lawyers, must bring forth the evidence of what those injuries are.   We get that evidence from the medical testimony, in the first instance being the information found in the medical records.
When you think about that, you can understand how very important it is for you, the injured person, to tell your medical providers what’s wrong, where it hurts, how it hurts and how you feel.   For instance, if you tell your doctor that you are “better”, with no qualification, they will believe just that, that you are better.   But that word can easily be twisted.  Are you “all better”, and no longer suffering from your injuries, or are you just “better” than you were the last time you saw your doctor?
That may seem petty, but I have seen Juries make decisions on just that type of evidence, resulting in good people not receiving the compensation to which they would otherwise be entitled.
You also need to follow your doctor’s orders.   If the doctor prescribes a course of physical therapy and you decide not to do it, the presumption will be that you didn’t need it and therefore weren’t really hurt.   If you were, you would have followed the advice of your doctor.   The same goes for other treatment recommended by your doctors.
Lawyers are asked all the time during an initial consultation to estimate how much compensation an injured person should receive.    I don’t believe it is possible to accurately estimate total compensation at that initial consultation.   In order to do that, you must conduct a full investigation, which involves determining all the evidence surrounding the event causing the injury and knowing what the extent of the injury is.   Many times it is impossible to know a week after a collision, for example, what the true injury is.   Will the plaintiff need surgery?  Will they recover fully, and if so, how long will it take?  What permanent residual problems will there be, if any?   Will the plaintiff walk with a limp, have a scar, or need more medical treatment a year from now?   The only way we as lawyers can determine this is after the doctors have treated the injuries.
In layman’s terms, nature and extent of the injury means what kind of injuries were sustained and how bad were they or how long will they last?  As you might imagine, the bigger the injury, the bigger the compensation needed.   That goes for the length the injury takes to heal too.  Generally speaking, an injury that lasts a month will result in smaller compensation than an injury that lasts a year or a lifetime.
Much thought and investigation goes into determining the amount of fair compensation to which you are entitled as compensation for an injury.   An experienced lawyer knows how to maximize the amount of your compensation.   At MacCloskeyKesler & Associates, we have represented thousands of clients who have been injured in all manner of injuries.   That is personal experience.  And that matters.   If you’ve been injured in any manner of accident or dog attack, put that experience to work for you.   Call our office today at 815-965-2000 for a free consultation and put our experience to work for you.

Boat Accidents

Boat Accidents

Boat AccidentRecreational boating is a favorite pastime of many, including members of our firm.  A lifetime of memories can be made on the lake.  Unfortunately, many boaters are not experienced at the operation of their watercraft.  Boating is a fun time to relax, but this can also lead to impaired operators.  With this in mind, it is important to insure that you and your family are protected.
Homeowner policies often provide liability protection on your boat, but this is generally limited by horsepower restrictions.  It is important to know whether your boat is covered, based on its motor and your policy’s restrictions.  We have handled cases where the boat owner and operator paid personally because their policy did not cover the horsepower of their boat’s motor.  More importantly, you want to find a policy that provides Uninsured and Underinsured boating coverage.  This means that your policy will pay you if the other person does not have enough insurance to cover the injuries they have caused.
Our firm has handled boating cases including several in the Rock River.  One of our partners spends a good deal of his summers on the lakes and rivers of Illinois and Wisconsin.  If you or a loved one has been hurt by a negligent or intoxicated boater, we can help.  Call 815-965-2000 today for a free legal consultation.
 

Sometimes you get what you pay for.

Sometimes you get what you pay for.

Uninsured or Under Insured Motorist,When buying car insurance, it is important to remember that your car insurance policy doesn’t just cover you for claims made against you.  It also covers you and anyone riding in your car if you are injured by someone else.   In order to adequately protect you and your family, you need to have the proper amount of coverage on your own car.
More and more, car insurance companies are advertising “cheap” insurance that you can buy on line in a matter of minutes.   Certainly no one wants to pay more than they have to for insurance, but in Illinois, car insurance policies also provide uninsured and under insured coverage.   This way, if an uninsured driver hits you and causes an injury, you will be covered by your own policy.
Unfortunately, we have handled many cases over the years where the at fault driver does not have enough coverage to pay for the damages, and has little or no assets to pursue.   If a lawsuit is brought against someone with little coverage and no assets, they can seek protection under bankruptcy laws and effectively avoid paying any amount beyond their liability coverage.
Uninsured and under insured motorist coverage is included in your policy in the same amount as your liability coverage, unless you specifically waive it.   So the more coverage you have, the more protected you are against uninsured or under insured drivers.   If you are severely injured by someone with little coverage, your own uninsured or under insured coverage will cover you to the extent your policy is larger.
Your liability and uninsured/under insured limits are expressed in two numbers, for instance 20/40 or 100/300.   The first number is the amount of coverage you have to compensate any one injured person, and the second the amount of coverage you have per incident, regardless of how many people are injured.  So 20/40 would mean you have $20,000 of coverage for any one injured person and $40,000 in coverage per incident (the numbers for coverage are expressed in thousands).
The state minimum coverage that drivers must have to operate a car legally in Illinois is 20/40.   Since medical bills can be so high in a serious injury case, we recommend that you purchase as much coverage as you can afford.  You might be surprised to find how little it costs to go from 100/300 coverage to 250/500 coverage.  In certain instances, depending on your lifestyle, you may want even more coverage.  It is best to talk to a knowledgeable agent when buying your insurance to make sure you are adequately covered.  So when it comes to car insurance protection, you really do get what you pay for.
If you have been the victim of an uninsured or under insured motorist, it is important to obtain legal representation right away.  There are procedures that must be followed to protect such a claim, including the manner in which you must deal with the at fault driver’s insurance company.  If those procedures are not followed you may lose any coverage that might otherwise be provided by your own policy.  There are also time limits that apply.
MacCloskeyKesler and Associates has successfully handled hundreds of uninsured and under insured motorist cases.  Our office will ensure that the appropriate procedures are followed to protect you and your claim and see to it that you obtain the full amount of compensation to which you are entitled.   If you or a loved one has been injured by an uninsured or under insured driver, call us now for a free consultation at 815-965-2000.

Do Not Fall Victim to Solicitation

Do Not Fall Victim to Solicitation

No Attorney SolicitorsPersonal injury lawyers are sometimes called “ambulance chasers.”  The Illinois Supreme Court forbids all lawyers from soliciting clients in person or via real time contact.  Lawyers may not circumvent this rule by using a third party.  The reality is that legitimate attorneys are not “ambulance chasers.”  Our firm has never called a prospective client and will never do so.

If an attorney is engaging in “ambulance chasing,” then they are partaking in unethical behavior.  Much like the door to door salesmen of yesteryear, these attorneys may come from out of the area and provide an inferior product.  A personal injury case, much like a major purchase, should be handled by a reputable local company that you trust.  Choosing someone who solicits you can spell disaster later on. 

Our law firm has been handling personal injury cases in the Rockford area for the past 18 years.  We know the local rules, Judges, insurance companies and jury pool .  We have earned their respect through winning cases.  These are the things that matter when it comes to increasing the value of your case. 

If you have been injured as the result of someone else’s negligence, call MacCloskey, Kesler and Associates, LLP.  Do not fall victim to solicitation.   

Call For a Free Consultation
Translate »