Frequently Asked Questions
about Personal Injury
How
long do I have to file a lawsuit for my injuries before my claim is barred
by the statute of limitations?
Can I afford legal representation for my claim?
Am I better off attempting to settle my
claim directly with the insurance company for the wrongdoer?
Why should I hire Zukowski, Rogers, Flood &
McArdle and Kevin Costello as my attorneys for my personal injury claim?
How long do I have to file a lawsuit for my
injuries before my claim is barred by the statute of limitations?
Answer: Generally, the statute of limitations for personal injury
claims is two years, meaning that a lawsuit must be filed within two years
of the date of injury or all legal rights to pursue that claim are lost.
However, it is important to note that the statute of limitation can be less
than two years depending on the legal status of the wrongdoer (for example
the statute of limitations to file suit against governmental bodies is
generally one year from the date of injury) or the legal theory of liability
against the wrongdoer. In addition, for some governmental bodies (i.e. the CTA) written notice of the personal injury claim must
be made within as
little as six months after the date of injury or the claim is barred.
Therefore, we strongly recommend seeking legal counsel as soon as possible
after the date of injury to discuss and determine the applicable statute of
limitations for your claim.
Can I afford legal representation for my
claim?
Answer: Yes. Zukowski, Rogers, Flood & McArdle handles personal
injury claims on a contingency fee basis. That means you, the client, are
not billed on an hourly rate basis. Rather, Zukowski, Rogers, Flood & McArdle's fees for services are based on a percentage (usually one-third) of
any amount recovered in your personal injury claim either through settlement
or through trial. If there is no recovery on your claim, there is no legal
fee owed to Zukowski, Rogers, Flood & McArdle. Thus, there is no financial
risk to you, the client, in pursuing your personal injury claim through our
firm.
Am I better off attempting to settle
my claim directly with the insurance company for the wrongdoer?
Answer: Probably not. Oftentimes, the adjuster (claims handler) of
the insurance company for the wrongdoer will contact you shortly after the
incident which caused your injuries and advise of their willingness to
settle your claim quickly and fairly with you directly without any need to
involve attorneys. This is a standard strategy of insurance companies.
Although the adjuster may come across as a nice person who is trying to get
you a fair settlement, his or her sole interest is to protect the interests
of the insurance company. That is accomplished by settling the case for the
lowest amount of money possible. Many people are unaware that in addition to
reimbursement for reasonable necessary medical bills and lost wages, the
injured person is entitled to monetary compensation for pain and suffering
and disability (also referred to as loss of a normal life) related to
injuries caused by the wrongdoer. Depending on the severity of the injuries,
the monetary value of pain and suffering and disability can be significant.
An experienced personal injury attorney is in a far better position than a
lay person to determine the actual value of a personal injury claim, and
negotiate with the insurance company to ensure that it does make a truly
fair settlement offer.
It is also extremely risky to accept a quick settlement from an insurance
company before the true nature and extent of your injuries can be
determined. Once you accept settlement money from the insurance company, you
are forever barred from making a claim against the insurance company. Thus,
if you accept a settlement but later on your injuries significantly worsen,
you cannot then seek additional compensation from the insurance company.
Therefore, it is extremely important that you receive a fair and full
settlement that factors in any permanent problems that you may have due to
your injuries.
Why should I hire Zukowski, Rogers,
Flood & McArdle and Kevin Costello as my attorneys for my personal injury
claim?
Answer: The attorneys of Zukowski, Rogers, Flood & McArdle, have
many years of experience in personal injury litigation. However, Zukowski,
Rogers, Flood & McArdle is a general practice firm that does legal work in
many areas. This is important because many law firms which specialize only
in personal injury work rely on achieving quick settlements of their cases
for economic survival. Many times these quick settlements are less than the
full value of the claim, at the expense of the client.
At Zukowski, Rogers, Flood & McArdle we place the interests of our clients
first and recommend settlements to our clients only when we believe the
settlement offer is truly a fair one. If the insurance company refuses to
make a fair settlement offer, we insist upon proceeding to trial as quickly
as possible.
Kevin Costello has over twelve years of experience specializing in personal
injury litigation, most of that time handling high value personal injury
cases in the downtown Chicago area. Mr. Costello has tried over fifty
personal injury cases, making him one of the most experienced personal
injury attorneys in McHenry County. Insurance companies are well aware of
Mr. Costello's reputation and willingness to take a case to trial if the
insurance company refuses to make a fair settlement offer.
Mr. Costello makes it his practice to provide the utmost professional,
personal service to his clients, including returning all phone calls
promptly, taking whatever time necessary to meet with clients to make sure
they understand all aspects of their claim, and accommodating the client's
schedule (i.e. weeknight and weekend appointments). He works tirelessly to
ensure that his clients get the best possible legal representation.
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