Question: How do I know if I have a case?
Answer: The only way to determine if you have a case is to consult with an attorney and request that the attorney investigate the matter on your behalf. If it is a case involving catastrophic injury, wrongful death or professional negligence, an attorney should commence the investigation as soon as possible. If the client has a question or doubt about whether a case exists, the proper way to resolve that question is to consult an attorney.
Our office’s practice is to provide a written response to that inquiry. A written response frequently includes a written report from an expert such as in a medical negligence case.
Question: How much time do I have?
Answer: In Illinois, as in all states, the law provides time limits on filing a lawsuit. This time limit is known as the statute of limitations. While there are different time limits for each case, the personal injury statute is generally two years from the time of the accident/injury. The statute for wrongful death is two years from the date of the death.
There are exceptions. You must consult an attorney to review the statute of limitations in your case. Minors have a special statute of limitations. Disabled people have a special statute of limitations.
Some governmental agencies and municipalities have shorter statutes of limitations. State law provides tort immunity for many municipalities and governmental agencies that is less than the two years typically provided for a personal injury action.
Always consult an attorney to answer the question about how much time you have to file your lawsuit.
Question: What documents do I need?
Answer: Every case requires documentation.
- In a motor vehicle accident, a police report is required. Medical reports and bills are also required. Property damage bills are required as well. Photos of the vehicle and scene of the accident are required.
- In a medical malpractice case, medical records are always required.
- If it is a wrongful death claim, the death certificate is required.
Any reports that are filed about your case should be obtained by the attorney. In an emergency situation, an emergency petition can be filed with the court to obtain all records related to your case.
The sooner you consult an attorney the sooner those records can be obtained.
In cases of personal injury where there are medical treatment and medical bills, copies of the medical bills and records should be obtained. Frequently, photographs are necessary as evidence in a case.
Please keep and maintain all photographs related to the event in question.
Question: How much will it cost me to pursue a case?
Answer: Henry Phillip Gruss, Ltd. does not charge any attorney’s fees unless and until there is either a settlement or a verdict in our client’s favor. Depending on your type of case, the percentage of the attorney’s fee varies. The attorneys at Henry Phillip Gruss, Ltd. are committed to fully explaining all of their fees and anticipated expenses to each of our clients at the outset of the attorney-client relationship.