QUESTIONS
1. Can I afford to hire an attorney?
3. How do I know if I have a case?
4. How long will it take before I get paid?
5. How much money can I recover?
6. How am I going to pay for my medical bills?
7. Will you take my case even if I do not live in Illinois?
8. How long will it take before my case goes to trial?
9. If there is a trial, will I need to be there?
10. Would you talk to me before settling my case?
1. Can I afford to hire an attorney?
Every person who is injured and entitled to a recovery of money damages from the person or entity responsible for causing their injuries and damages can afford to hire the Law Offices of David D. Criter, LLC. Attorney David D. Criter is retained on what is called a “contingency fee” contract. This means that Attorney Criter will review your file, interview you (free of charge) to determine if you have a case or how strong a case you may have. Based upon the initial interview and reviewing any records/documents that you, the client, may have to support the case, Attorney Criter will take the time to explain each client’s rights and any potential recovery rights to which each client is entitled. Attorney Criter’s fee is generally 1/3 or 33-1/3% of any recovery or funds if the case settles prior to filing a lawsuit or arbitration demand. Should Attorney Criter and the client agree and decide that a lawsuit or arbitration demand be filed, the Attorney Criter’s fee increases from 33 1/3% to 35% of any recovery or funds, due to increased amount of time, expenses and work, which Attorney Criter will put into each and every litigated file. Accordingly, if Attorney Criter is not able to obtain a recovery for a client, Attorney Criter will not get paid an attorney’s fee (an hourly rate).
2. How do I get started?
Simply fill out the Consultation Worksheet and provide a brief summary of facts for Attorney David D. Criter to review. The Law Offices of David D. Criter, LLC will contact each prospective client to give them advice or set up an initial consultation (free of charge), so that each prospective client can meet with Attorney Criter and go over the intricate facts of your case. Attorney Criter will give each client professional advise, tailored to each client’s specific needs, based upon the type of case (i.e., motor vehicle crash, wrongful death, workers compensation, slip & fall, etc…). Generally, Attorney Criter will be able to inform the client immediately upon the conclusion of the initial interview either, in person, in his Westmont law office, or by telephone, or in some more tragic cases, at the client’s home/hospital.
3. How do I know if I have a case?
After reviewing the Consultation Worksheet provided by each client, Attorney David D. Criter will conduct an initial interview (free of charge) with each client. During this initial interview, Attorney Criter and each client will go over, in more detail, all the facts concerning how each person was injured, the injuries sustained and any damages sustained by each client. Attorney Criter will then advise each client as to the client’s rights, and how/why each client is entitled to a recovery. Attorney Criter will explain, in detail, how the claims process and/or litigation process works, including how long it will take, the expenses involved and the likelihood of any potential recovery.
4. How long will it take before I get paid?
This depends on a number of factors. The first of which is how long each client treats for their respective injuries. Attorney David D. Criter generally will not settle a case until the client is done treating or has reached “maximum medical improvement”. This is to ensure that all medical bills and expenses are considered as part of any settlement or lawsuit. Another factor to consider is the at-fault person’s or entity’s insurance carrier. Better insurance carriers will generally attempt to settle cases quicker and more reasonably then some of the substandard insurance carriers. Another factor that will be taken into consideration are any prior or pre-existing conditions or previous injuries to the same body parts. If the client has injured the same body parts in the past, the insurance carriers will want all past medical records, so that they can determine what injuries and damages were caused by their insured’s wrong-doing, as opposed to any injuries/chronic problems which the client may have been experiencing prior to this occurrence. Attorney Criter will guide each client through the claims process or litigation and keep each client up-to-date as to the status of their case and what the next step will be and when.
5. How much money can I recover?
This depends upon a number of factors. The first of which is the type of injuries the client sustained from the wrongful action/inaction of the at-fault person’s or entity’s. Generally, soft-tissue injuries such as whiplash will generally obtain a lesser recovery than more objective and verifiable injuries such as fractured bones, laceration with stitches, surgical procedures, and the like. Another factor to consider is the at-fault person’s or entity’s insurance carrier. Better insurance carriers will generally offer a more reasonable settlement proposal than substandard insurance carriers. Another factor to consider is how long the client is disabled, off work, experiences pain & suffering, treats with physicians/therapists for their injuries, etc. Generally, the greater the length of time for each of these factors, the greater the amount of recovery. Another factor to consider is how the wrongful act or omission happened. Is the at-fault person or entity 100% at fault for causing the client’s injuries and damages, or is some percentage of fault attributable to the client. This will be determined through the use of police reports, witness statements, photos, and other documents or evidence which would help support each sides’ claims/versions of facts of the occurrence. Attorney David D. Criter will guide each client through the claims process or litigation and keep each client advised as to the pros and cons of each case. Attorney Criter will assist each client with placing their case in the best position to obtain the best result possible.
6. How am I going to pay for my medical bills?
In the case where your injuries arose from a motor vehicle crash, your medical bills should be paid through the medical payments provision of the policy of insurance covering the vehicle you were riding in/driving. If there was no medical payments coverage for the vehicle you were riding in/driving, then the next layer of coverage would be your private health insurance (i.e., BlueCross/BlueShield, CIGNA, United Healthcare, etc.) If you are not covered under any of the above, and had no private health insurance at the time of this crash, then you must call the billing department for each of your medical providers and work out a payment program, where you can make a monthly payment ($20, $30, $50, etc.) until the bills are paid-in-full, or until your case settles/a verdict is reached. When a settlement is reached/verdict is reached, the rest of your medical bills will be paid out of any settlement/judgment, or as the client directs.
In the case where your injuries arose from a slip/trip & fall occurrence, your medical bills should be paid through your private health insurance (i.e., BlueCross/BlueShield, CIGNA, United Healthcare, etc.) If you are not covered under any private health insurance at the time of this occurrence, then you must call the billing department for each of your medical providers and work out a payment program, where you can make a monthly payment ($20, $30, $50, etc.) until the bills are paid-in-full, or until your case settles/a verdict is reached. When a settlement is reached/verdict is reached, the rest of your medical bills will be paid out of any settlement/judgement, or as the client directs.
In the case where you were injured during the performance of your job, your medical bills should be paid through the employer’s workers compensation insurance carrier. You must have the employer’s workers compensation insurance carrier approve any subsequent medical treatment or the bills may not be covered. If the workers compensation carrier does not agree to cover your medical bills, then you must call the billing department for each of your medical providers and work out a payment program, where you can make a monthly payment ($20, $30, $50, etc.) until the bills are paid-in-full, or until your case settles/an award is reached. When a settlement is reached/an award is reached, the rest of your medical bills will be paid out of any settlement/award, or as the client directs.
7. Will you take my case even if I do not live in Illinois?
Yes. If, after our initial consultation, Attorney David D. Criter has determined that you have a strong case, Attorney Criter will accept and work on your case as if it occurred in the state of Illinois. Attorney Criter will give you guidance and put your case together, so that your case has the strongest possibility of settlement. If your out-of-state case does not settle, Attorney Criter will retain the services of a law firm in the state where the occurrence took place or where the Defendant resides, at no additional attorney fees to the client. Any attorney fees earned on your case will be split between the Law Offices of David D. Criter, LLC and any out-of-state retained law office based upon each respective law office’s work on the case.
8. How long will it take before my case goes to trial?
First of all, we will attempt to settle your personal injury case without ever going to Court. If your case will not settle and you authorize us to file a lawsuit, then the time-frame for getting to a jury trial will depend on a number of things: It will depend on where your case is filed, the size of your case, how many Parties (Plaintiffs and Defendants) there are in the case, whether any counterclaims or cross claims are made, and whether any experts will need to become involved. Realistically, it could be as fast as 8 months, or it could be as long as 2-3 years. Each case will depend on its own unique factors. The Law Offices of David D. Criter, LLC will explain, in detail, how long your individual case should take before reaching a final jury trial.
9. If there is a trial, will I need to be there?
Absolutely, YES. Not only is it necessary for each Plaintiff and Defendant to be present for the final jury trial, but it will be required by the Supreme Court Rules. If you do not attend each day of the jury trial of your case, your case will be dismissed. To put it in perspective: If you were a juror sitting on your case and saw the the Plaintiff was not present, what would you think? Appearances are everything in a jury trial.
10. Will you talk to me before settling my case?
Absolutely, YES. This is YOUR case. The Law Office of David D. Criter, LLC will obtain any offers on your case and break-down all the numbers showing how the settlement funds would be disbursed and what each client would be receiving. Then, the Law Offices of David D. Criter, LLC will explain all of your options and give you a recommendation as to whether the offer is reasonable or not. Then, YOU will decide to accept any offer or not. No offer will be accepted without YOUR approval.