The need for legal help arises in many different contexts.  Some people need a lawyer to help with buying or selling a home.  Some need legal help perhaps because of a traffic offense, DUI or other criminal mess.  Some need a lawyer to create an estate plan or help with drafting a will.  Some will need a lawyer because of divorce.  Most people in business or industry have many contacts to assist them in finding the right lawyer for their legal need.  Even so, when someone needs a lawyer to help with an injury or an accident, often nobody seems to know which lawyer to call. 

     We are of the strong opinion that you should always  hire the lawyer that you have the most confidence in.  That having been said, the lawyer that you trusted to handle your divorce or your real estate closing may not be your best choice to help on your personal injury claim, or medical malpractice or worker’s compensation case.  When you or a loved one is hurt, get the best personal injury lawyer you can.  The top personal injury lawyers do not handle DUIs, divorces and real estate closings.   And while we are sure that there are real estate lawyers that can handle your medical malpractice claim, you have to ask yourself, just exactly what area of law they are concentrating in?  In today’s legal market, it is our opinion that lawyers handling only personal injury cases are your best bet for top flight legal help on your injury case, medical malpractice case or worker’s compensation claim.

     But you may wonder, how do you find your top personal injury lawyer?  An easy place to start is to call the lawyer that handled your real estate closing or divorce and ask them to refer you to a good injury lawyer.  Many of the cases we receive are based on referrals from lawyers that we know that handle the other types of legal cases, such as estate planning, criminal law, real estate law, etc.  Once you get the lawyers name, you can research them on the internet.  In Illinois, you can go the the website run by the Attorney Registration and Disciplinary Commission and look up the lawyer to ensure that they have malpractice coverage and whether any disciplinary complaints have ever been lodged against them. 

     When you talk to the lawyer, don’t be afraid to ask questions about how often they  have handled your type of case.  The most important reason you want a lawyer that concentrates in injury cases is because, among other reasons, they will be the most sensitive to and attuned into what your case is worth, based upon your injury, the factual basis of your claim and where it would be venued.  A lawyer that only handles the occasional car wreck may not be aware of the most recent developments in settlements and verdict awards for your type of case and may seriously undervalue your claim.

     When you need a medical doctor, you would never hesitate to seek out the specialist that is right for the job.  The same should hold true here.  If you or a loved one are hurt, or wrongful death is involved, get the best help you can.  If your real estate lawyer friend cannot refer you to a good injury lawyer, then use our website to contact us and if we can’t help you because you live out of state, we will find a top lawyer to help you.  Good luck! 

     The vast majority of personal injury claims that arise after car accidents and truck accidents settle without  having to go to trial.  From time to time, some cases do go to trial, which can be scary or daunting to you as the injured person.  You may be asking how come my case is going to trial when most settle?  What should I wear to court?  How should I act?  Who will  my jurors be and where do they come from?  These are just a few of the many questions you  may have.  If you have a committed personal injury lawyer fighting hard for you, then you will already know the answers to these questions.  If you don’t, please read on.

     Why certain cases go to trial is a multifaceted question that defies one explanation.  In my experience, the cases that go to trial fall into a number of separate categories.  The most obvious type of case that will be tried is when the injury is relatively minor and your lawyer is asking for far too much money for the type of case and where it is going to be tried.  In our area, certain counties are well known for awarding far less money for injuries that in other counties are well compensated.  This type of case is generally known as a minor impact soft tissue case where the injured person does not  have any fractures or anatomical injuries that show up on x-rays, MRI’s or CT-scans, and is limited to musclo-skeletal sprain strain, that according to medical literature, generally heals with or without treatment in the 6-12 week range.  If a person is suffering from that sort of injury and receives substantial medical care from a chiropractor for instance that goes well beyond that 12 week range, the insurance companies often believe that the injured person is exaggerating their symptoms and the like.  If that type of case is  pending in a conservative county and your lawyer is asking for gobs of money, your case will most likely be tried. 

     Another type of case that is typically tried is the one where the defense isn’t so much contesting your injury, but rather believes that their client is not at fault for what happened, or that your own fault in the accident is substantial.  In our state, if the injured party’s fault is greater than 50%, they lose.  Another version of that type of case is where the plaintiff is not at fault, but there are two or more defendants fighting among themselves as to which of them are at fault and in what proportion.  If that is your situation, sit back and enjoy the show, because nobody is blaming you for what happened!!  Both defense lawyers may still contest the nature and extent of your injury, but your own lawyer will have a nice time pointing out to the jury that you are the victim between two defendants arguing among themselves about who caused your injury.

     Another type of case that is regularly tried is where the injuries suffered are catastrophic or even death, and there is a substantial amount of insurance coverage available from one or more defendants that either do not want to offer the fair amount, or again are fighting among themselves about which is more at fault than the other.  Or again, even if you are catastrophically injured or there is a death involved, if the facts suggest that you or your loved one is at fault in whole or in part, your case may be tried.  The thing to be very careful about when your injury is catastrophic or death is involved is to not leave a substantial amount of money on the settlement table convinced you will do so much better with a jury.  You might, but make sure your lawyer has explained to you in great detail about the fair settlement range of your case and your likelihood of doing better at trial and the possible risks of trial based on what legal venue you are in.  I was a defense lawyer for years, and I can guarantee you that there isn’t a more solemn and anguished face than that of a plaintiff that refused substantial money only to have the jury give them nothing.  Now, on the other hand, if your injuries are catastrophic or death is involved, and the defense is offering nothing or only a pittance, than you have may have nothing to lose allowing a jury of your peers to decide your fate.

     There are other reasons why a case may be tried, but that covers most categories of car accidents and truck accidents that get tried.  A whole separate column could be written about other types of cases like medical malpractice or construction accidents, product liability, but I think you get the picture.  But, let’s look at some of the other questions you may have.

     I know for many people a big question may be what should you wear and how should you act.  Just like at your deposition, wear what you consider to be a nice outfit if you were meeting a good friend at a nice restaurant, but don’t dress beyond who you are and what you do.  In other words, if you are a college professor, look like one.  If you are a lovely young housewife with kids, look like one in court.  If you work in a greasy factory, going to court in a suit that you only wear at weddings and funerals may be too much, but a nice pair of khakis and a golf shirt may be just right.  Ask your lawyer what you should wear and if they don’t know or don’t’ care, don’t hire them in the future  or send anyone else their way.   We tell our clients, NO blue jeans, NO daisy dukes and don’t look like you are trying to over-dress to impress.   As our mother’s told us, you only have one chance to make a good first impression, and the same goes between you and your jury.  If you look like a slovenly  mess, who is going to sympathize for you?  A sense of modesty and humility may be good attributes in my experience.  

     How should you act at court?   The better thing to remember is how you act ON YOUR WAY TO COURT!!  We tell all of our clients that since they don’t know who their jurors are going to be when the trial first starts, they may inadvertently bump into one on their way to  court and the last thing we want to have  happened is for an unknown juror to have had some negative or bad encounter with our client and NO ONE KNOWS IT HAPPENED!!  What do I mean?  How about rudely pushing past someone because you think you are late, or shouting and swearing at some car or person that you think cut you off or brushed past you.  Or how about smoking and yucking it up outside the court house and then acting hurt and somber inside.  If a jury sees that sort of behavior from you before your trial even starts, and you don’t even know it  happened, you may have doomed your trial from the outset because your lawyer won’t know it happened and if that potential juror that saw you act like an idiot gets on your jury, you can bet that he or she will tell every other juror what a jerk or fool you were outside of court and contrast it to your actions in court.  So, in other words, BE ON YOUR BEST BEHAVIOR FROM THE SECOND YOU LEAVE YOUR HOME UNTIL THE SECOND YOU GET BACK HOME AGAIN FOR EVERY DAY YOUR CASE IS ON TRIAL!  I obviously cannot emphasize that enough.  If you happen to live in a very small town where everybody knows everyone else and how they act, then I guess there isn’t too much you can do in that situation. 

      When you are in court, be calm.  Don’t exaggerate your injury.  Don’t be loud in the hallways.  When witnesses are testifying, look at them.  Don’t stare down.  Don’t under any circumstances that I can think of get angry or shout out at anyone.  Be respectful of all court personnel and obviously the judge.  Do not ever just start talking to the judge.  In other words, speak if you are spoken to or your lawyer tells you to.  Otherwise, sit and look up and relaxed.  When you are testifying, don’t look down–don’t keep your hands around your mouth.  Don’t let your voice trail off, but on the other hand, don’t over forcefully answer question.  Some of the most dramatic testimony in court on injury cases is done quietly–a mom explaining how she found out that her daughter had been hit by a car, and the fear she felt racing to the hospital to see how she was and how nervous and scared she was walking into the hospital and asking about her daughter, and how terrified she was when the doctor came out to talk to her about her daughter.  Jurors can and will identify with that scenario and you will not need to overplay it in anyway.  Just let the story come out as your lawyer is asking you questions. If the event you are describing is sad, don’t feel bad if you weep.  On the other hand, if you strained your back and had 6 weeks of chiropractic care, I don’t think most jurors would expect you to be crying in court about your injury or how you feel. 

      When the defense lawyer cross-examines you, be respectful.  Generally, short yes or no answers are best, followed by “sir” or “ma’am”.  In other words, “No, sir.”  NEVER ARGUE WITH THE DEFENSE LAWYER!! LET YOUR LAWYER DO THE ARGUING!!!  If the defense lawyer confronts you with a prior statement you made in a deposition, don’t quibble with him.  Your lawyer should have you prepared for any attempts at impeachment.  Rarely is it a good strategy to deny that you made a previous statement under oath at your deposition.  If the defense lawyer asks you if you were better after your last doctors appointment, and you were, don’t quibble.  Say “yes,  I was feeling better then.”  Most good defense lawyers only have 2-3 areas of inquiry for you and depending on your case, your own lawyer should have gone over that with you many times before you took the witness stand.   Don’t look “guilty” or sheepish. 

     Well, who are these jurors deciding your fate?  Who is on a jury varies from jurisdiction to jurisdiction, but generally they are members of the same county as where the case is tried.  Names of jurors come from voter lists, driver license lists, property ownership.  Almost nobody is automatically exempt from jury duty.  Jurors are your “neighbors” so to speak.  They come from all walks of life and they bring with them their experiences in the affairs of life when they are on the jury.  My experience is that most juries try very hard to do the right thing and even though most detest the fact they were called for jury duty, after the trial is over, almost universally each juror believes it was a positive experience that opened their eyes to a system they only knew from TV and newspapers. 

      Good luck on your trial!!  Always tell the truth and let a skilled personal injury lawyer do the rest.  

     After an accident, it is not unusual for the insurance company for the at fault driver to contact you and ask to take a statement from you about what happened, your injuries and the like.  Why do they want the statement? Should you give the statement?  How should you answer?  Can I review the statement after I give it?  Can it be used against me later? These are all important questions and before you decide to give a statement to the insurance company, questions you will want to know the answer to.

     The reason the insurance company wants the statement is to add to their investigation into the accident in terms of assessing fault and damages.  Even though they may have heard from their own insured how the accident happened, as they say, there is always two (2) sides to every story.  The most significant thing to keep in mind is whether you should give the statement in the first place.  The other questions are pretty easy to answer because of course you should tell the truth, you can ask for a copy of the statement after it is transcribed and you absolutely have a right to review it and make any changes that you believe are appropriate.  And, it absolutely will be used against you later if it is to their advantage.   If it is that easy you may ask, then why wouldn’t you just want to go ahead and give the statement?  Well, you might.  But, there are certain things to consider.

     The most important thing to remember is that the claims adjustor for the insurance company IS NOT ON YOUR SIDE!!  DON’T FORGET THAT!!  Their job is to get claims settled and done, and maximize profit for their company, by minimizing how much they pay out.  They will be friendly, polite and very professional, but they are not looking out for your interests. 

      Secondly, investigating claims and taking statements is what they do for a living.  Most likely, that is not what you do for a living.  So, who knows more about the process?  Them, not you.  Information is power, and they have it and you don’t.   But, you say, you know how the accident happened, so why not tell them?  Maybe that is ok.  But, even in the simplest rear-end accident, there are issues beyond the average person’s knowledge that come into play, and which can SERIOUSLY affect how your case will be viewed and VALUED!!   Value =’s $$.  So be careful here. 

     Well, you think you are good in your job and pretty smart, so how can the claims adjustor outsmart you in their questioning?  Maybe not.  But, how much do you know about the physics involved in an accident or what happens to the human body when it is subject to trauma?  I can guarantee you that the claims adjustor knows MUCH about those things.  If you can answer the following questions, then you MIGHT be able to give a statement without worrying about it.  Try answering these without “googling” each item:

1-  How many feet per second is your car moving at 30mph?

2-  How long does it take for a car going 30mph to stop on dry pavement?

3-  Same as #2 except it is wet pavement?

4-  How much does the average human head weigh?

5- Will your head and neck be injured if you are rear-ended at 30mph? 

     All right, you are saying, those are intentionally difficult questions.  I admit that is true.  But, those are the exact things that are happening in an accident.  In other words, collisions between 2 cars or trucks implicate rules of physics, and bio-mechanical and bio-medical issues.  If your statement answers are inconsistent with rules of physics, how do you think the claims adjustor will view your case?

     So, now what do you do?  The phone is ringing and the claims adjustor wants to talk to you.  Do you take the call?  What I suggest is you ask the adjustor why they want the statement, and then tell them you need TIME to think about it and will talk to them at a later date if you believe it is appropriate.  Then, IMMEDIATELY call a PERSONAL INJURY attorney you trust and get them on board.  A good injury lawyer knows exactly what to do here and will be looking out FOR YOU, NOT THE INSURANCE COMPANY!! 

     But, won’t the insurance company just go ahead and settle with you after you give the statement?  Ask them that and listen to them dance around the issue by saying that they can only settle legitimate claims and that they haven’t finished their investigation yet, and yadda, yadda , yaddda.  The reality is that they will put the recording of your statement in their file and wait to see you if you do anything.  They will wait, and if they don’t hear from you, then they will write you a form letter to some effect about how much time you have to file a lawsuit, and then maybe they even call and offer you some $$.  Sounds good!!  But, how do you know if that is a fair amount?  Who takes care of the unpaid bills?  The liens from the insurance company and doctors? 

     From my perspective, if all you want is your car fixed, give them the statement and get it taken care of.  If you have been injured in the accident, watch out.  Don’t you think you would be better off if you had someone MORE KNOWLEDGEABLE working hard on your side and fighting for you? 

     By the way, when you are going 30mph, you are traveling 44 feet per second and it takes anywhere from 67-73 feet to come to a stop on dry pavement depending on the quality of your brakes.  There is no standard answer for how far it takes to stop on wet pavement because of the enormous variables involved, but it is far more than 73 feet. The average human head weighs 8-10lbs and according to a 1986 study by General Motors, over 33% of all injuries in auto accidents arise in low speed collisions where the speed differential between the vehicles involved is less than 20 mph.   Get yourself a GOOD INJURY LAWYER AND GET SOMEONE FIGHTING ON YOUR SIDE!!