A personal injury lawsuit begins when you contact an attorney. You might be worried, self-conscious, and maybe even suspicious. You are not alone in those feelings - almost every injured person feels the same way. But by contacting a lawyer, you have made the first - and often hardest - step toward receiving justice for what you suffered.
You should know that any personal injury case depends on three things:
- First, liability - Does the law make the other side responsible for your injuries?
- Second, damages - How much were you injured?
- Third, collectibility - Can we actually collect the damages the other side owes?
Liability
We first determine the facts of your case. How did the accident occur? What were the particular circumstances - such as: the time of day, the car involved, the treatment expected, the product which malfunctioned, the way the cars collided, etc.
Is there a right for this wrong???
Next, your attorney will need to analyze your case based upon the law. Our laws are very complex and the facts of the case will decide what laws control.
Is a private person or business involved? If so, then special laws may apply. As an example, if you have a complaint against a professional such as a lawyer, doctor or accountant, generally an expert opinion is needed to establish that there was a wrongdoing. Certain businesses may have had you sign a release or waiver prior to the accident. This is common in recreational accidents such as in skiing, snowmobiling, hunting, yachting or diving.
Damages
Do you have a good case?
There is no such thing as a "good" personal injury case. Even if your case is what lawyers call a "good" liability case - which means that there was negligence committed by someone else which caused your damages - your case can fail due to a lack of significant damages, or because the person or persons responsible haven't any money or insurance, or are immune, or cannot be found. If the case is "good" - then you have also been injured so badly that you certainly wish that the accident had never happened.
What are your recoverable damages?
We need your help in determining your damages. You absolutely must save your medical bills, pharmacy receipts, and any health or accident insurance forms. Find, organize, and copy your tax returns for the past several years in order to establish your earnings pattern. We may need to hire specialists such as an accountant or an economist to determine your economic losses, especially if you have a permanent injury. Death cases are particularly tragic and economically hard on families. In such cases, an economist is almost certainly required in determining damages.
Many people who have had a catastrophic accident keep a journal. In your case, the jury will ultimately need to evaluate your credibility and damages. A journal which keeps a record of details can often be an important tool to remind you of dates, events, phone calls and appointments. We always suggest, after an accident or event, that you start a journal to record your pain, suffering and recovery. Your testimony on these issues may then be more detailed and more credible.
Collection
Can I collect?
Whether you can collect depends on the financial position of the person who wronged you. If your case is not collectible, your lawyer will advise you as soon as this is discovered. Occasionally, a case needs to be pursued to its conclusion before we determine whether or not you will be able to collect.
Free initial consultations for divorce and personal injury cases.
WATSON LAW
427 E. Monroe Street, Suite 301
Springfield, IL 62701
Telephone: 217-544-6165
Fax: 217-544-6224
E-mail
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Located downtown, one block south of Old State Capitol
Wheelchair accessible
WATSON LAW proudly serves clients throughout central and downstate Illinois, including Springfield, Peoria, Decatur, Bloomington, Normal, Champaign, Urbana, Quincy, Lincoln, Jacksonville, Beardstown, Pekin, Petersburg, Carlinville, Hillsboro, Taylorville, Clinton, Sullivan, Shelbyville, Tuscola, Charleston, Mount Sterling, and elsewhere in Sangamon, Menard, Morgan, Macoupin, Montgomery, Christian, Macon, Peoria, McLean, Champaign, Logan, De Witt, Moultrie, Shelby, Douglas, Coles, Adams, Brown and Cass counties.