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Personal Injury FAQ

• I recently suffered a physical injury in an accident. Do I really need an attorney?

Yes. You may be entitled to compensation for your injuries depending on a wide range of factors pertaining to the accident. Forms of compensation include lost wages, future medical costs, medical benefits, pain and suffering, and property damage.

• If I was partially at-fault in the accident, can I still have my medical bills paid?

Yes. Illinois has a modified comparative negligence policy, under which the victim is only entitled to damages if he/she is less than 50% at-fault for the accident and resulting injuries. Contact Mike Agruss Law, for more information.

• What should I do if the at-fault party who caused my injury is claiming that I was at fault?

Many negligence cases may appear to rely on arguments of the “he-said, she-said” sort, but in reality there is little reason to worry. Experienced attorneys always have very clear plans of action to prove who was at fault in an accident. Although the outcome of a case will depend on which party (or both) was at fault, those who truly were not can rest assured that no false blame will prevail.

• What factors determine my injury case’s worth?

Even two very similar accidents can lead to different outcomes, depending on: the insurance company representing the defendant; lost wages, both past and future; the injuries’ effects on the victim’s life in a number of ways; characteristics of the parties involved; total medical bills/possible future expenses; and how the percentage of fault is divided among the parties.

• Is it necessary to speak to an attorney?

Yes. Due to insurance companies’ tireless efforts to protect their interests in potential lawsuits and the complex nature of personal injury claims, it is highly recommended to speak to an attorney. In an accident caused by another person’s negligence, their insurance company will hire an adjuster and possibly a lawyer to defend him/her against the claim, so the victim must be prepared and well-represented.

• What if I cannot afford legal representation?

Mike Agruss Law, is not paid attorney’s fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

• After an accident, should I take pictures of my damaged vehicle?

Yes, if you have the opportunity to do so. Pictures will prove invaluable in the event that the insurance company refuses to acknowledge the damage/injuries sustained in the accident. It’s recommended to take a few pictures of all four sides of the vehicle, if possible.

• Will I have to go to court?

Not necessarily; many personal injury cases are resolved without resulting in a lawsuit. However, even cases which move on to court are generally resolved at or before mediation, and only a small percentage ever reach the courtroom.

• How long will it take for my personal injury case to be resolved?

This is a tough question to answer, as personal injury cases may go through a number of separate phases before they are resolved. First, there is the process of having your injuries diagnosed and treated by health care professionals; then, your attorney will negotiate with the at-fault party’s insurance carrier to determine a settlement on your behalf. If an agreement cannot be reached within a set period of time, a lawsuit on your behalf may be the next step. Each case is unique; some will consist of many steps, while others will have less and may be resolved rather quickly.

• I was the victim of an accident, and the at-fault party does not have insurance. What should I do?

According to the Illinois Department of Transportation, “At-fault, uninsured motorists are required to pay for damages they cause or face license plate registration and driver’s license suspensions.” Additionally, you may be covered through your own auto insurance policy based on uninsured motorist coverage. Contact the personal injury attorneys of Mike Agruss Law, for more information.

• At my deposition, what questions will I be asked?

Generally, insurance defense lawyers ask questions regarding: the severity of your injury; how the injury has debilitated you and/or impeded your ability to work; medical records and history; employment history; and both specific and general information about the accident and how your injury/injuries occurred.

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