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1. Do I have a case?
Just because you have been involved in an accident does not automatically
mean that you have a meritorious case. We have to prove that some other
person or company caused the accident due to their negligence. The courts
define negligence as a failure to exercise ordinary care.
If a case goes all the way to trial, a jury will decide whether the defendant
exercised ordinary care. Even if the jury finds the defendant at fault,
the verdict can be reduced if the jury finds that the plaintiff was also
at fault. If the plaintiffs fault is less than fifty percent, the
verdict will be reduced in proportion to the jurys assessment of
the plaintiffs degree of fault. If the plaintiff is fifty percent
or more at fault then the plaintiff cannot recover anything. We thoroughly
investigate our cases in order to decide whether we think a jury will
find in your favor. Prompt action is necessary to obtain witness
statements and preserve the physical evidence.
In malpractice cases, we have to carefully review the medical
records and do a medical literature search to determine whether or not
the doctor has been negligent. Medical negligence cases require that expert
medical witnesses certify the case as meritorious before suit can be filed.
Thus, the so-called frivolous lawsuits that President Bush
talks about dont exist. By imposing limits on malpractice verdicts,
Bush is merely trying to save money for the large insurance companies
that have supported him.
2. How much will it cost me to
pursue a case?
All cases are handled on a contingent fee basis. This means that no attorney's
fees are charged unless and until we secure a recovery on your behalf.
In most personal injury cases, the contingent fee charged is one-third
of the amount recovered. In medical malpractice cases, the percentages
are limited by law to one-third of the first $150,000.00, 25 percent of
the next $850,000.00 and 20 percent of any amount recovered over one million
dollars. Costs and expenses are usually advanced by the firm and paid
back at the time the case is settled.
3. How long do I have to sue?
In general, any suit for medical malpractice or other personal injury
must be filed within two years but there are various exceptions to this
rule. However, the sooner you call us the better, as witnesses' memories
fade and documents tend to disappear the longer you wait.
4. How much is my case worth?
Since the lion's share of any verdict is usually for pain and suffering
and disability, and since the jury has wide discretion in awarding compensation,
it is often difficult to evaluate what a case is worth. However, effective
presentation of your case to the jury will maximize the value of your
case and Mr. Shapiro has won millions of dollars in verdicts and settlements
for his clients.
5. When Will I Receive Compensation
For My Injuries?
If it was just up to us, we would settle your case as soon as possible.
However, as the expression goes, It takes two to tango, so
in order to settle we need an insurance company/defendant who is willing
to dance. In Cook County, the time between when suit is filed
and when the case goes to trial can be three to four years. Since insurance
companies like to hold on to their money for as long as possible, most
of them will not even discuss settlement until shortly before trial. So
while we do everything we can to put pressure on the defense while your
case is waiting for trial, please understand that no lawyer can truthfully
promise you a quick settlement. You will need to have patience
and trust that our firm is doing the best we can to favorably resolve
your case.
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