6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 2: Don't Wait to See A Doctor

     When you are involved in a personal injury claim or lawsuit, you will be judged by the "reasonable person" standard. This standard can be very hard to meet, because it is often subjective (based upon who is applying the standard to you) and because most people believe they always behave as reasonable people do. However, one of the easiest ways to "act like a reasonable person" when you are injured is to seek medical treatment and seek it without delay.

     Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.

     Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.

     It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.

     If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.

New Illinois Law May Make It Easier to Get Out of Jury Duty

     The Illinois Legislature has passed Bill 3075, which is waiting for Governor Quinn's signature before it comes into law. Many believe that this law is great news for Illinois citizens. Why? Because Bill 3075 will significantly reduce the likelihood that each citizen gets called in for jury duty.

     Jury duty, while a very important service required to maintain our legal system, has never been very popular. As almost anyone who has been called for jury duty will recount, it can be tedious and inconvenient, and on top of it, jurors aren't compensated very well for their time.

     Every Illinois citizen over the age of 18 can be selected at random for jury duty. Bill 3075 will cut the number of jurors at civil trials from 12 to 6. Less jurors at trial will reduce the size of jury pools, which will reduce the number of individuals selected for jury duty, which will reduce the odds that each individual citizen is called for jury duty.

                                                  

     This bill also raises the compensation levels for jurors to $25 for the first day and $50 for each additional day of service. This compared with current law which sets jury compensation by county population size; the highest current jury pay is in Cook County, which pays $17.20/day.

     Bill 3075 is supported by a large swath of the Illinois population, including several prominent legal interest groups, including the Illinois Trial Lawyers Association. It is also opposed by some other legal interest groups, typically those focused on civil defense. These defense groups argue that this bill favors plaintiffs, there aren't conclusive studies which support this assertion.

     The bill's supporters claim that it makes civil trials more efficient and is designed to benefit jurors. Supporters also argue that the bill will save state and county governments a significant amount of money, which considering the current state of Illinois budget problems, could offer a great deal of relief.  to Illinois. Supporters also cite the bill's increased jury compensation provision will make jurors happier, and result in more attentive and effective juries.

     For more information, see these articles: here and here.

*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.