Frequently Asked Questions about Personal Injury, Employment and Appealing a Case
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» Appealing a Case
PERSONAL INJURY
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.
EMPLOYMENT
Do I need an employee handbook?
Answer: An employee handbook is recommended because it provides employees with a reference tool about how the employer operates. The handbook will describe the various employee classifications, employee benefits, employee discipline and various policies imposed pursuant to federal and state laws. A handbook is a good way to ensure that you have all the legally required policies in place such as harassment, anti-discrimination, FMLA, and any other policies required by state or federal law. Most importantly, a handbook should contain a prominent statement that employees are considered at-will and can be terminated at any time with or without cause and with or without notice. By protecting the "at will" employment relationship, employers will be better able to avoid litigation when terminating an employee.
An employee is employed at the will of the employer for as little or as long as the employer wishes, and in whatever capacity the employer requires. An employer need not provide any reason for terminating an "at will" employee, so long as the termination is not unlawful or discriminatory such as one based on age, sex, national origin or disability. In the same way, the employee may choose to terminate the employment relationship when he or she desires.
Can an employer require signing a confidentiality agreement?
Yes. An employer is entitled to have their employees sign a confidentiality agreement if it is intended to protect its legitimate business interests. Confidential information can be anything having to do with discoveries, inventions, marketing and sales information, customer lists and other employer trade secrets.
What about a non-competition agreement?
The employer can also require execution of a non-competition agreement so long as it is reasonable for the duration of time and its geographical scope. This type of limitation is very fact specific and depends on the industry, the employer at issue and the area in which the employer operates.
How do I protect myself and my company from discrimination and/or harassment complaints?
It is critical that the employer institutes policies prohibiting harassment and discrimination in the workplace. Those policies should also outline how the employer will respond to and resolve discrimination and harassment complaints. Once policies are in place, the employer needs to apply them in a consistent manner and document their investigation process. Discrimination claims are sometimes made by individuals who are terminated for valid performance reasons, but who will then claim an "unlawful" reason for the termination. If the employer has applied and followed its own policies properly, it is better prepared to defend against such claims. In addition, in light of U.S. Supreme Court cases addressing harassment issues, employers should conduct harassment and diversity training at least every other year to ensure that its employees understand the employer's policies and to explain what type of behavior is and is not appropriate in the workplace.
When I fire an employee, can I withhold his/her paycheck until they return company property?
No. A fired employee must be given his/her final paycheck at the time of termination or at the next pay period.
What about vacation pay? If the employee is leaving, doesn't he/she just forfeit vacation?
No, a fired employee is entitled to receive the cash equivalent of any accrued but unused vacation time that he or she has earned but has not used.
APPELLATE
If I am unhappy with a judge's decision, do I have a right to appeal?
Yes. In most cases, you have the right to file an appeal following an adverse result at the end of your case. For example, you may appeal a judge or jury's finding in favor of the other party following a trial. You may also appeal a judge's decision to dismiss your case or to grant summary judgment in favor of the other party. Additionally, you have the right to file an appeal in a divorce case if you disagree with the judge's ruling on custody, maintenance, or the division of property. Finally, you have the right to file an appeal in traffic or criminal cases in which you were found guilty. In most cases, the appeal will be heard in the Illinois Appellate Court. In an appeal, you request the appellate court to determine whether the trial court's decision was supported by the evidence or whether the trial court made errors during the proceedings. If the appellate court finds that the trial court committed an error, it may enter judgment on your behalf or require that the case be tried again. Generally, you may not appeal cases in which you have voluntarily entered into a settlement agreement to resolve the litigation without a trial.
How much time after the trial court enters its judgment do I have to file an appeal?
Generally, you must file a notice of appeal in the trial court within 30 days of an adverse ruling. In certain types of cases, you must also file a post-trial motion or motion to reconsider in the trial court before you may file a notice of appeal. The procedural and jurisdictional rules governing appeals are numerous and complex. Failure to comply with these rules may result in the forfeiture of your right to appeal. If you are considering filing an appeal, we recommend that you promptly contact one of our appellate attorneys. At Zukowski, Rogers, Flood & McArdle, our attorneys have a combined total of over 18 years of appellate experience. Several of our appellate attorneys have served as law clerks to justices on the Illinois Appellate Court. Their knowledge and experience can provide you unique insight into the appellate process and offer you the best chance of success on appeal.
How do I proceed in the appellate court after I have filed a notice of appeal?
After filing a notice of appeal, the record of the proceedings before the trial court must be prepared and submitted to the appellate court. The parties next file written briefs in the appellate court explaining why they believe the trial court erred and providing legal authorities in support of their position. In certain cases, the appellate court will also request the parties to appear before them for oral argument on the points raised in the briefs. After reviewing the case, a three-judge panel of appellate justices will issue a written decision, either affirming or reversing the ruling of the trial court. In certain cases, the appellate court will order that the case be retried due to procedural deficiencies. The rules governing the preparation of the report of the proceedings and the filing of briefs are complex and complicated. Lacking specialized legal training, filing an appeal may be a difficult and time-consuming process. If you are considering filing an appeal, we recommend that you contact one of our appellate attorneys. Our attorneys have a proven track record of success and have represented clients in both the Illinois Appellate and Supreme Courts.