I. Personal Injury

Q:        What is a personal injury case?

A:         Personal injury cases arise from a wide range of circumstances.  Some of the most common include car accidents, slip and fall injuries, and premises liability.  But any time someone is injured by the negligence of someone or something else, there might be a personal injury claim.

Q:        What is negligence?

A:         The law requires everyone to generally act with “reasonable care.”  When someone fails to act with the appropriate reasonable care, that’s negligence.  Negligence is important because it is required to be proven in most personal injury cases.

Q:        Do I have a personal injury case?

A:         The best and easiest way to find out whether or not you have a personal injury claim is to talk to a personal injury lawyer. 

Q:        What is required to prove a personal injury case?

A:         You and your attorney will generally have to prove three things in order to recover in a personal injury case: damages, that someone else was negligent, and that someone else’s negligence caused your damages.

Q:        How much can I expect to recover for my personal injury case?

A:         There is no clear answer or formula to predict how much your case is worth, but there are a number of factors to consider:  medical bills, lost wages, pain and suffering, present and future disability, etc...We, as experienced personal injury attorneys, will be able to weigh the various factors to give you an overall assessment of the strength of your case.

Q:        If I’m injured in an accident, what should I do?

A:         First, immediately seek medical attention.  Many injuries are not obvious or do not appear as serious as they may actually be, so don’t take your treatment in to your own hands.  Next, file a police report as soon as possible, ideally at the scene of the incident.  Also, try to write down everything that happened shortly afterward and record the names, addresses, and numbers of any witnesses.   If possible, take pictures of the scene of the accident and your injuries.  Finally, talk to a personal injury attorney and let them help you properly proceed with the case.

Q:        If I’m injured in an accident, what should I not do?

A:         Don’t do the following without an attorney: sign anything, make any kind of statement, downplay the seriousness of your injuries, talk to the insurance company, etc...You are simply better off getting advice from an attorney before you take any further action.  And don’t be fooled, the insurance company wants to protect its interests, NOT yours.

Q:        What are compensatory and punitive damages?

A:         Compensatory damages pay you back for your actual losses, including, medical bills, lost income, and pain and suffering.  Punitive damages punish the defendant and discourage others from engaging in the kind of negligence involved in your case.

Q:        When should I call a lawyer?

A:         Call as soon as possible after you are injured.  You can call us at (773) 779-9885 and allow our experienced and professional staff to help you by setting up a free consultation.  Or you can email us at mccreadylaw@sbcglobal.net.  Remember that every state has a statute of limitations- time periods that can forever bar you from bringing a personal injury claim.  So let us help you now, before it’s too late, and your case is barred.  Most importantly, you pay nothing unless we recover for you!

II. Types of Personal Injury Cases and What You Need to Know

1.         Automobile Accidents

Q:        Are personal injury claims arising from an automobile accident common?

A:         Yes, they are.  Automobile accidents are the most common type of accident in the United States.  In our country alone, a person dies every 12 minutes in a vehicle collision and the majority of victims are 35 years of age or younger.

Q:        How can I prepare for an automobile accident?

A:         If an automobile accident occurs, it is good to be prepared.  Try to always have a cell phone on you, a pen and paper, a camera is helpful, and anything else you feel you might need.

Q:        Should I contact the police?

A:         Yes, and do so immediately.

Q:        What should I say when the police arrive?

A:         Be assertive!  When the police officer arrives, a report will be made.  So make sure you tell your side of the story.  Also, make sure that you write down the other party’s information:  name, phone number, insurance company, make and model of the car, plate number, and drivers license number. 

Q:        Should I contact my insurance company?

A:         Yes, contact your insurance company about the accident as quickly as you can.  This allows them to assess your insurance claim.  You should do this even if the accident is not your fault or if you have liability only coverage.

Q:        Should I contact a personal injury lawyer?

A:         Yes!  Handling a personal injury case is difficult and full of rules and procedures that the common person is unprepared for.  Allow expert attorneys like us to assist you with this.  Call us at (773) 779-9885 and ask to speak to an attorney.

Q:        Are automobile accidents serious?

A:         Automobile accidents can be very serious, and even deadly.  The types of injures that occur range from minor to critical, from short-term to life debilitating.  Therefore, you need an attorney to help you recover all that you deserve.          

2.         Slip and Fall Injuries

Q:        Where can a slip and fall injury occur?

A:         Everywhere, including private property, retail stores, on the job, on public sidewalks, parking lots, etc...

Q:        Are slip and fall injuries serious?

A:         Slip and fall injuries can be very serious.  Often someone slips and falls and doesn’t realize that they are injured at first, only to find out days or weeks later that they did indeed suffer a serious injury.

Q:        What should I do if I slip and fall?

A:         Don’t underestimate the seriousness of the accident.  Immediately seek medical assistance.  And, if possible, take a photograph of the site of the accident immediately following the accident or soon afterwards.

Q:        Can waiting to bring a slip and fall action hurt my case?

A:         Unfortunately, it can.  First of all, if you wait too long, the statute of limitations may run and you may not be able to recover for your damages.    Also, waiting to bring you case may lead to evidence being lost or misplaced, witnesses being harder to contact, and you may begin to forget important details about the case. 

3.         Animal Attacks

Q:        What types of problems do animal attacks, i.e. dog bites, cause?

A:         Animal attacks can lead to huge amounts of medical bills, pain, and lost work.  Further, animal attacks can lead to long-term effects and scarring.

Q:        Why is it important to hire an attorney if you are attacked by a domesticated animal?

A:         An attorney will find out whether the owner, or some other person, is liable for the attack.  Also, the attorney will find out if there is insurance involved.  Further, the attorney will guide your case through the various complicated procedural requirements and rules.

Q:        What must be proved to prevail in an animal attack case?

A:         Generally, it needs to be shown that first an injury occurred.  Then, it must be shown that the owner of the animal was at fault.  Next, you’ll have to show that the owner’s negligence caused your injuries.  Finally, you must show the extent of your injuries.

4.         Premises Liability

Q:        What is premises liability?

A:         Premises liability holds the owners and occupiers of property responsible for injuries that occur on that property.The types of premises liability injuries which occur are wide ranged and often recovery is possible.

Q:        Can anyone recover under premises liability for injuries they sustain on someone’s property?

A:         As long as you are legally on the property, and you can prove that the person in control of the property is at fault, you can and should recover.

Q:        How do I know if I have a premises liability case?

A:         First talk to an attorney.  There are several factors that the attorney will consider on your behalf. 

Q:        What are the considerations that determine if I have a premises liability case?

A:         The owner/occupier of property must exercise reasonable care for the safety of the visitor.  This reasonable care is violated when the owner/occupier fails to inspect the property for dangerous conditions, fails to fix dangerous conditions on the property, or even fails to discover or warn of dangerous conditions.  These are just some of the considerations that an attorney looks for.

Q:        Why is hiring an attorney important in a premises liability case?

A:         Only an experienced attorney can adequately evaluate the various factors in determining whether a premises liability case exists.  The attorney will consider whether the owner/occupier of the land acted with reasonable care, and whether the injury could have been avoided.  For example, if you slip on ice in a store’s parking lot, only an attorney can best determine through the law and prior decided cases whether a case exists.  Often it does.

5.         General Negligence

Q:        If someone is negligent and I am injured, can I recover?

A:         Probably, yes.

Q:        What does general negligence mean?

A:         Very often when someone is injured, a case does not fit in a specific category, but someone else is still at fault.  This is general negligence and you can recover if you are injured.  “Negligence” often simply means “carelessness.”  If another party is “careless” and then you are injured, you can generally recover for your injures.

Q:        What are some examples of negligence cases?

A:         Here are some examples of negligence cases: car crashes, injuries in an apartment building, chemical exposure, slip and falls, electrocution, injury while under someone else’s care (i.e. nursing home, mental facility), etc...

Q:        What are the consequences of a person injured from another’s negligence?

A:         The consequences can be broad and very severe.  The effects can range from minor immediate pain to lasting injury, life-long pain, and even death.  Often, the total effects of injuries are not known until long after the injures have occurred.   Therefore, always seek medical attention if you suspect that you may have been injured.

III.       Workers’ Compensation

Q:        What is workers’ compensation?

A:         When injured on a job, you can recover for your losses.  This is covered by the Illinois Workers’ Compensation Act. 

Q:        What can the Workers’ Compensation Act do for you?

A:         The Workers’ Compensation Act provides you with various types of financial protection if you are injured on the job.  This protection is provided by the payment of specified benefits.

Q:        Does every employer provide Workers’ Compensation benefits?

A:         Yes, every employer does.  Some employers are self insured, and others purchase Workers’ Compensation insurance policies.  Regardless, workers’ compensation is required by law.

Q:        Where does the injury have to occur for the Workers’ Compensation Act to apply?

A:         For an Illinois resident to recover workers’ compensation, he must have either been injured in Illinois, hired in Illinois but injured while working in another state, or injured while working in another state for an employer that has its principal place of business in Illinois.

Q:        What am I entitled to under a Workers’ Compensation case?

A:         You are entitled to 100% of your medical expenses; you may be entitled to receive 2/3 or your average weekly wage; you may be entitled to receive a lump sum settlement; and you may be able to receive the difference in pay  you receive for having to take less profitable employment elsewhere.

Q:        How will an attorney help me with my workers’ compensation case?

A:         An experienced attorney will battle the insurance company and ensure that you receive the maximum benefits you deserve under the Illinois Workers’ Compensation Act.

Q:        How soon after the injury should I retain an attorney?

A:         Simply put, as soon as possible.

Q:        If I bring a workers’ compensation case, am I suing my employer?

A:         No, you are simply bringing a claim against the insurance carrier.

Q:        Is bringing a workers’ compensation case expensive?

A:         Not at all.  If you choose one of our experienced attorneys, you will not have to pay anything unless you recover.  So you have nothing to lose.

Q:        If I already have a lawyer, and I am unhappy with the lawyer, can I fire the lawyer and hire the Law Offices of Michael P. McCready & Associates instead?

A:        Yes, you can.  And if you do choose to fire your original lawyer and hire the Law Offices of Michael P. McCready & Associates as your new lawyer, you won’t have to pay anything extra.  In a worker’s compensation case, your lawyer is entitled to 20% of what you receive.  If you change lawyers, this does not change.  Whatever is owed to your original attorney will be paid by our office to your original attorney from what is recovered.

*The information contained on this website is for informational purposes only and is not legal advice. If you have any legal questions, consult an attorney.