Category: Personal Injury

What Does a Personal Injury Lawyer Do? A Behind-the-Scenes Look at How They Fight for Your Rights

Posted on by Attorney John M. Borcia

Imagine that you’re driving home after a long day, following all traffic laws, when suddenly, another driver runs a red light and crashes into you. You’re left with mounting medical bills, pain that disrupts your daily life, and an insurance company that seems determined to undermine your claim. What do you do next?

This is where a personal injury lawyer in Libertyville steps in—not just as legal counsel but as an advocate who fights to secure the compensation you rightfully deserve.

But what does a personal injury lawyer do, exactly?

Beyond courtroom appearances, personal injury attorneys conduct extensive investigations, consult expert witnesses, and engage in tough negotiations to ensure their clients aren’t left struggling financially after an accident. In this blog, we will take you behind the scenes to see how a personal injury lawyer builds a case from consultation to settlement or trial.

How a Personal Injury Lawyer Handles a Case

Step 1: Initial Consultation and Case Evaluation

The process begins with an initial consultation, where your personal injury attorney in Libertyville assesses whether you have a viable claim. During this meeting, your lawyer will listen to your account of the accident while reviewing any available evidence, such as photos, medical reports, and police records. Your attorney will also determine the potential for negligence, which is a key element in any Illinois personal injury case. Additionally, they will explain your legal rights and outline the statute of limitations (which in Illinois is typically two years from the date of injury, as per 735 ILCS 5/13-202).

At this stage, a Libertyville personal injury lawyer may also refer you to medical professionals to document your injuries properly, ensuring you have solid medical evidence to support your claim.

Step 2: Investigating the Case and Gathering Evidence

Once your case is accepted, your personal injury attorney begins an extensive investigation to build a strong argument. This includes:

  • Obtaining police reports and security camera footage.
  • Interviewing witnesses to gather firsthand accounts.
  • Working with accident reconstruction experts to determine how the crash occurred and who was at fault.
  • Analyzing medical records with healthcare professionals to establish a link between the accident and your injuries.
  • Assessing financial losses with economic experts to determine long-term costs, including lost wages and future medical expenses.

This behind-the-scenes work ensures that no crucial detail is overlooked before entering negotiations with insurance companies.

Step 3: Negotiating with Insurance Companies

Most personal injury claims are settled before reaching trial, but that doesn’t mean it’s an easy process. Insurance adjusters are trained to offer lowball settlements or shift blame to the victim. A skilled Libertyville personal injury attorney will handle all communications with the insurer to prevent you from making statements that could harm your case. Your attorney will also reject inadequate settlement offers and counter with evidence-backed demands.

Additionally, they will present medical documentation and expert testimonies that prove the full extent of your damages. This is to negotiate aggressively to ensure fair compensation for medical expenses, lost wages, and pain and suffering.

Illinois follows a comparative negligence rule (735 ILCS 5/2-1116), meaning if you’re found partially at fault, your compensation may be reduced. A seasoned and experienced personal injury lawyer in Illinois ensures that fault is accurately assigned and fights against unfair accusations.

Step 4: Preparing for Trial (Only If Necessary)

If settlement negotiations fail, the case moves to litigation. This involves:

  • Filing a lawsuit and entering the discovery phase, where both sides exchange evidence.
  • Depositions—formal statements taken under oath from witnesses, medical professionals, and accident experts.
  • Pre-trial motions to exclude biased evidence or arguments from the opposing side.
  • Jury selection and presenting the case in court.

While trials are rare, a skilled Illinois personal injury lawyer ensures that clients are fully prepared in case litigation becomes necessary.

Step 5: Why Hiring a Personal Injury Lawyer Early Matters

Many accident victims delay hiring a lawyer, assuming they can handle negotiations alone. However, waiting too long can be detrimental. The reasons you should hire an attorney immediately include:

  • Preserving crucial evidence before it’s lost or destroyed.
  • Ensuring timely medical evaluations to connect injuries to the accident.
  • Protecting you from insurance company tactics aimed at reducing payouts.
  • Filing your case within Illinois’ statute of limitations.

Remember that a personal injury lawyer attorney can step in at any stage, but early involvement increases your chances of securing maximum compensation.

Conclusion

A personal injury lawyer does far more than just file paperwork and appear in court—they serve as your advocate, investigator, and negotiator throughout the legal process. From gathering expert evidence to fighting insurance companies that undervalue claims, a personal injury attorney is critical in securing fair compensation. If you’ve been injured due to someone else’s negligence, don’t navigate this process alone.

You should contact The Law Offices of John M. Borcia today for a free consultation and let an experienced Illinois personal injury lawyer fight for your rights.

What To Do After a Car Accident Injury: Protecting Your Health and Legal Rights

Posted on by Attorney John M. Borcia

Introduction

A car accident is a sudden, often traumatic event that can leave you feeling disoriented and unsure of what to do next. In the immediate aftermath, emotions run high, and making the right decisions can significantly impact both your physical recovery and legal standing. Understanding the proper steps to take ensures that you protect your health, your rights, and your ability to receive fair compensation for any damages.

In this guide, we will answer the most critical question: what to do after a car accident injury. The actions you should take after a car accident injury include seeking medical care, handling insurance claims, and consulting with an attorney. Whether you’ve suffered minor injuries or a more severe impact, following these steps will help you navigate the process smoothly and secure the compensation you deserve.

1. Ensure Immediate Safety and Assess Injuries

First and foremost, check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately to request medical assistance. If it’s safe to do so, move vehicles out of traffic to prevent further incidents. Activate hazard lights to alert other drivers that there’s been an accident.

2. Contact Law Enforcement

It’s advisable to call the police immediately – even if the accident is a minor one. An official report provides an objective account of the incident, which can be invaluable for insurance claims and potential legal actions. When officers arrive, you should provide factual information without admitting fault.

3. Gather Pertinent Information

The next step involves collecting comprehensive details from all involved parties, including:

  • Names and contact information
  • Driver’s license numbers
  • License plate numbers
  • Insurance details
  • Vehicle descriptions (make, model, color)

Additionally, you should document the accident scene by taking photographs of vehicle damage, road conditions, traffic signs, and any visible injuries. If there are witnesses, you should also obtain their contact information as well. This will be helpful with insurance and for your attorney.

4. Seek Medical Attention Promptly

Even if your injuries seem minor, you should consult a healthcare professional promptly. Some injuries may not manifest immediately but can have delayed symptoms. This is why it is recommended to get an early medical evaluation, which ensures timely treatment and creates a medical record linking injuries to the accident. This is crucial for legal proceedings.

5. Notify Your Insurance Company

You should report the accident to your insurance provider as soon as possible. You are to provide them with the information you’ve gathered and cooperate fully. You should be honest with them and stick to the facts when recounting the incident. It is advisable that you avoid admitting fault or speculating about the cause of the accident.

6. Understanding Insurance Company Tactics

One thing you should be aware of is that insurance companies may try to minimize payouts by using certain tactics:

  • Offering a low initial settlement
  • Delaying claims processing
  • Requesting excessive documentation to prolong the case
  • Using statements against you to dispute liability

It’s crucial for you to consult a Car Accident Lawyer in Libertyville or a Car Accident Lawyer in Chicago before accepting any settlements. This step will ensure that you will receive fair compensation.

7. Common Mistakes to Avoid After an Accident

Since you’re seeking an answer to the question of what to do after a car accident injury, it is important for you to learn about the common mistakes related to it. Many accident victims make errors that can weaken their claims, including:

  • Failing to seek medical treatment immediately
  • Admitting fault at the scene
  • Accepting an early settlement without legal consultation
  • Not documenting injuries and vehicle damage properly
  • Speaking directly with the at-fault driver’s insurance company without a lawyer

You should avoid these common mistakes if you want to get fair compensation.

8. Legal Options If the Other Driver Is Uninsured or Underinsured

If the at-fault driver lacks sufficient insurance coverage, you may still have options:

  • Uninsured motorist (UM) coverage: Protects you if the other driver has no insurance.
  • Underinsured motorist (UIM) coverage: Covers the gap if the at-fault driver’s insurance is insufficient.
  • Filing a personal injury lawsuit: A Car Accident Lawyer in Chicago can assess whether additional legal action is necessary.

9. Steps to Take If You Experience Delayed Injuries

You should be aware of the delayed injuries as well. Some injuries, such as whiplash, concussions, or internal damage, may not become apparent until days or weeks after the accident. If you develop new symptoms, seek medical care immediately and update your insurance company about the diagnosis. We recommend that you keep thorough records of all medical visits and treatments.

10. Emotional and Psychological Recovery After an Accident

Any accident affects you psychologically and emotionally. If you are involved in a car accident, you can also have lasting emotional impacts, including:

  • Anxiety or PTSD
  • Sleep disturbances
  • Depression

You should seek professional therapy or counseling as it may be beneficial for your mental well-being. You can also join support groups and seek legal assistance, which can also help in navigating the post-accident process effectively.

11. Maintain Detailed Records

It is highly beneficial to your case that you keep meticulous records of all accident-related documents, including:

  • Medical bills
  • Repair estimates
  • Correspondence with insurance companies
  • Lost wages documentation

These documents are vital for substantiating your claims and ensuring a smoother legal process.

12. Consult with a Qualified Car Accident Lawyer

Managing the legal process following a car accident can be challenging. What to do after a car accident injury? You should begin with the first step we mentioned but don’t forget the most important part that is consulting with an experienced car accident attorney in Libertyville as they can help protect your rights and ensure you receive fair compensation. If you’re in the area, consider reaching out to the Law Offices of John M. Borcia.

John Borcia is an experienced Car Accident Lawyer in Chicago and can offer specialized assistance.

Conclusion

Recovering from a car accident—physically, emotionally, and financially—requires careful planning and informed decisions. By following these essential steps, you can ensure your well-being and safeguard your legal rights. From seeking immediate medical attention to dealing with insurance claims and potential lawsuits, each action plays a crucial role in securing fair compensation.

If you’re struggling to manage the aftermath of a car accident, seeking legal counsel can make all the difference. A dedicated car accident lawyer will handle negotiations, protect your rights, and maximize your compensation, allowing you to focus on healing and rebuilding your life.

Frequently Asked Questions

How do you know if you are okay after a car accident?

After a car accident, it’s essential to monitor yourself for any signs of injury. Even if you feel fine initially, some injuries may not present symptoms immediately. It’s advisable to seek medical attention promptly to ensure that any potential injuries are identified and treated early.

How long after a car accident can I claim injury?

The timeframe to claim injury after a car accident varies depending on state laws. In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, it’s crucial to consult with a legal professional promptly to ensure compliance with all applicable deadlines.

How much are most car accident settlements?

Car accident settlement amounts vary widely based on factors such as the severity of injuries, property damage, and the circumstances of the accident. An experienced attorney can provide a more accurate assessment based on the specifics of your case.

How do I find the right Chicago personal injury lawyer?

Posted on by Attorney John M. Borcia

Four Steps To Finding The Right Personal Injury Law Firm

Whether you are seriously hurt in an accident or hurt while working on the job, it’s important to find the right Chicago personal injury lawyer for you. This can be an overwhelming process but in order for you to get the maximum compensation, you need to find a good lawyer. Below are four steps to think about when hiring a lawyer.

1.) Knowledge of the Insurance Industry

Whenever people are injured or killed in an accident, insurance companies will look to do anything they can to payout the lowest amount they can get away with or deny claims. There are people who work for insurance companies who do just that job. When hiring a personal injury lawyer in Illinois, it’s important that you find one who has extensive knowledge of how insurance companies operate. Your lawyer should know how to leverage with the insurance company to get the highest amount paid out to you as possible.

2.) Law Firm Practice Focus

When hiring a lawyer for your personal injury claim, you need to make sure the law firm you hire only practices law with personal injury cases. Personal injury is very complicated and that requires a 100% focus. You don’t want to hire a general practice lawyer to handle your case. Even if you know your lawyer on a personal level or through friends/family, you shouldn’t hire them because of that. You need to make sure they only practice personal injury law.

3.) Reputation

The lawyer you are looking at hiring should have a strong reputation and have good reviews online from other people. You can check reviews on social media, Yelp, Google, Avvo, Yellow Pages, BBB, and Birdeye. They may also have client testimonials on their website that you can view. You should also check their experience and how many years they have practicing personal injury law. Make sure that they offer a free consultation and actually sit down with you and talk over your case. Some big law firms don’t do this with their clients and instead have someone associated with the law firm meet with the clients and not the actual lawyer.

4.) Experience

A Chicago personal injury lawyer’s experience is important. Hiring an experienced attorney to handle your injury claim is a must. Ideally a lawyer with over 10 years of experience is what you should be looking for. You can find how long they’ve been practicing if you check on Avvo or on the Illinois ARDC website by searching for their name.

Factors That Influence Juries in a Personal Injury Lawsuit

Posted on by Attorney John M. Borcia

Have you ever wondered how does a jury come up with its award when a personal injury lawsuit goes to trial? In order to make its decision, the jurors have to review the evidence that was presented in the trial, and consider the law that applies to the case. But is evidence the only thing a jury is influenced by?

What Creates an Emotional Appeal to the Jury?

The following types of evidence almost always helps create an emotional appeal to the jury:

  • a serious, permanent injury (juries will award more money for a devastating permanent injury like paralysis than for a wrongful death case)
    an injury to a child
  • pictures (but not too many pictures) of the injury
  • proof that the defendant or the defendant’s witnesses lied about how the accident happened, or that they tried to cover up how their negligence caused the injury, and a nice, pleasant plaintiff with a good family

Defense attorneys do not like trying cases with strong emotional appeals because they know that juries can (and will) be swayed by such appeals and will often give large awards.

Other Factors That Influence Juries

The following types of factors are commonly seen to motivate or influence a jury:

  • sociology-economic factors like a juror’s income, education, and occupation
  • age, gender, and life experiences
  • political beliefs or ideology

Applying the Law: Jury Instructions vs. Emotional Appeal

Judges give juries lengthy jury instructions. They generally give these instructions at the end of the trial, but some judges give some of the instructions at the beginning or in the middle of the trial. All judges give their instructions orally, but many judges now also give a copy of the instructions to the jurors in writing.

The instructions cover every aspect of the jury’s deliberations. They explain how the jurors should deliberate, how they should analyze the witnesses and the evidence, and then explain the law of the case in detail.

The judge will explain the law of negligence in general, and then discuss the specific laws that apply to that trial. If, for example, the trial was a car accident that occurred at an intersection with a two way stop sign, the judge will instruct the jury on the law of stop signs, and which driver has the right of way in that particular incident.

Most significantly, judges will instruct jurors that they must make their decision strictly according to the law. They must apply the law as it is given to them, even if they don’t agree with the law, and they must not be swayed by emotion. This is a fundamental principle of our jury system. Appellate courts, in reviewing jury verdicts, assume that the jurors indeed applied the law as the trial judge explained it to them, and assume that the jurors applied the law to the facts in a relatively unemotional manner.

Nevertheless, human nature tells us that jurors will follow their hearts, at least a little (and sometimes a lot), in considering the evidence at a trial and especially in personal injury trials. Jurors will apply common sense to their verdict and will be swayed by human nature. Plaintiffs’ personal injury lawyers know that, and know that, if their case contains a strong emotional appeal to the jury, they have a better chance of winning.

How Do Jurors Decide Pain and Suffering?

That is the big question. It is easy for juries to decide medical bills and lost earnings because they are damages that can be calculated. But how do you calculate someone else’s pain and suffering? It’s a tough task, made even harder because the judge’s instructions to the jury typically do not go into too much detail about how the jury should determine damages for pain and suffering.

Many judges do not say too much more about pain and suffering other than the jurors must use their own good sense, background, and experience in determining what would be a fair and reasonable figure to compensate the plaintiff for pain and suffering. And this is what the jurors will do. They will think about how they would like it if someone negligently did to them what the defendant did to the plaintiff. They will think about how much money they would want if they had the same injuries as the plaintiff. Then they will arrive at a consensus among themselves, and that will be their verdict.