Why the Right Lawyer Is Your First and Most Important Decision

Why the Right Lawyer Is Your First and Most Important Decision

After an injury, you are likely facing a flood of information—from aggressive advertising to conflicting advice—all while dealing with the stress of an injury and mounting bills. You might be grappling with the pressure to make a quick decision, especially when you have a limited time to act under Illinois law. 

As personal injury lawyers, we know what to look out for when it comes to choosing the right partner for your legal battle. Regardless of whether we end up working together, we want just one thing for you: the ability to make an informed decision.

If you have questions about your injury and what to do next, you deserve to get clear answers. Call our top personal injury attorneys at (312) 924-7575. Our initial consultation is free and there is no obligation to work with us.

What Does a Personal Injury Lawyer Do in the First Place?

Before you can evaluate specific firms, it helps to have a clear understanding of the role a personal injury lawyer plays. This will help you ask the right questions and assess their qualifications effectively.

Who Is a Personal Injury Lawyer?

A personal injury lawyer is a civil litigator who provides legal representation to plaintiffs—the injured parties—alleging physical or psychological harm as a result of another's negligence or intentional act. 

They practice in an area of law known as tort law, a branch of the law that deals with civil cases. Tort law provides an opportunity for individuals to get compensation after an injury, whether that be physical, emotional, or financial. This is contrasted with criminal law, which is focused on punishing the guilty party.

To represent clients in Illinois, they must be licensed by the state and adhere to the rules of professional conduct set forth by the Supreme Court of Illinois. This ensures they meet specific ethical and professional standards designed to protect you, the client.

What Does a Personal Injury Lawyer Actually Do?

The work of a personal injury lawyer goes far beyond the courtroom. The vast majority of their work happens long before a trial ever begins. Their responsibilities include:

• Investigation: A lawyer and their team will gather all the evidence needed to establish liability, which simply means proving who was at fault. This can involve obtaining official accident reports, interviewing witnesses, securing surveillance footage, and sometimes hiring accident reconstructionists or other experts to analyze the facts.
• Calculating Damages: They work to calculate the full extent of your losses, known legally as damages. This isn't just about adding up current medical bills. It includes projecting future medical needs, calculating lost earning capacity if you cannot return to your job, and putting a value on non-economic damages like pain and suffering.
• Negotiation: Armed with evidence and a thorough calculation of damages, your lawyer will negotiate with the at-fault party's insurance company for a fair settlement. They handle all the back-and-forth, protecting you from adjusters whose job is to settle the claim for the lowest possible amount.
• Litigation: If the insurance company refuses to offer a fair settlement, your lawyer will file a lawsuit and represent you in court. This involves a formal process of discovery, motions, and potentially a trial where they will bear the burden of proof to show the other party was negligent.

When Should You Contact a Lawyer?

The short answer is: as soon as you are able.

The moments and days after an injury are disorienting, but time is a factor. Illinois has a strict statute of limitations, which is a legal deadline for filing a lawsuit. For most personal injury cases in Illinois, you have two years from the date of the injury to file a claim. If you miss this deadline, the court will almost certainly bar you from ever seeking compensation for your injuries.

Beyond the legal deadline, there is a practical reason to act promptly: preserving evidence. The sooner an investigation begins, the better the chances of securing information. Memories of witnesses fade over time. Physical evidence from an accident scene disappears. Security camera footage is typically recorded over within days or weeks. Contacting an attorney quickly allows them to send out preservation letters and take immediate steps to lock down the evidence needed to build a strong case.

How to Evaluate a Personal Injury Law Firm

Once you have a shortlist of potential firms, it's time to dig deeper.

Criterion 1: Does the Firm Handle Cases Like Yours?

The field of "personal injury" is incredibly broad. It covers everything from a minor car crash to a complex case of medical malpractice or a faulty product. A law firm that handles a high volume of car accidents may not have the specific knowledge needed for a birth injury claim, and vice versa. You need a firm with a demonstrated history of handling cases with facts and injuries similar to yours.

Look for Demonstrated Experience

• Review Their Case Results: Look on the firm's website for a list of past verdicts and settlements. Pay less attention to one giant, unrelated result and more attention to a consistent pattern of success in cases like yours. This shows they understand the specific legal arguments, types of evidence, and valuation methods relevant to your situation.
• Read Attorney Biographies: Take a few minutes to read about the individual attorneys at the firm. Do their professional backgrounds and stated focus areas show a deep and consistent commitment to representing injured people? Or do they dabble in many different areas of law?
• Ask Directly During the Consultation: There is nothing wrong with asking, "What percentage of your firm's cases are similar to mine?" A confident and experienced attorney will welcome this question and provide a straightforward answer.

Criterion 2: How Do They Communicate With Clients?

A lack of communication is one of the most common sources of frustration for clients working with a lawyer. The legal process can take its sweet time, and being left in the dark creates unnecessary anxiety. Client expectations are changing; people now demand the same level of responsiveness from their law firm that they get in other professional industries. You need to know how a firm will keep you informed before you ever sign an agreement.

Questions to Clarify Their Communication Process

• Who will be my main point of contact? Will you be speaking primarily with the attorney handling your case, a paralegal, or a case manager? Understanding this from the start sets clear expectations.
• How will I receive updates on my case? Does the firm use a secure online client portal, proactive email updates, or scheduled phone calls to keep clients informed of major developments?
• What is your firm's policy for returning calls or emails? A clear policy is a sign of a well-run, client-focused practice. A reasonable expectation is that non-urgent messages should be returned within 24 to 48 business hours.

A firm’s investment in modern communication tools is a strong indicator of its commitment to client service and efficiency. Firms that use technology like client portals and automated updates report higher client satisfaction because clients feel more connected and in control.

Criterion 3: Do You Understand Their Fee Structure?

The cost of legal representation is a major concern for anyone, especially when you are already facing medical bills and lost wages. Most personal injury firms, including our team at Abels & Annes, P.C., work on a contingency fee basis. This arrangement is designed to provide access to justice for everyone, regardless of their financial situation.

How a Contingency Fee Works

• No Upfront Costs: You do not pay the attorney any fees out of your own pocket to get your case started. The firm advances all the costs of litigation.
• The Fee is a Percentage: The attorney's fee is a pre-agreed-upon percentage of the total amount of money they recover for you, whether that recovery comes from a negotiated settlement or a court verdict.
• "No Win, No Fee": This is the most important feature. If the attorney does not secure a financial recovery for you, you owe them absolutely no attorney's fee. This structure ensures your interests are perfectly aligned with your attorney's interests—you both have the same goal of maximizing your recovery.

While the concept is straightforward, it is important to clarify the details in your written fee agreement. Ask about the specific percentage and how case costs are handled. Case costs—which are different from the attorney's fee—include expenses like court filing fees, fees for obtaining medical records, and payment to expert witnesses. Ask whether these costs are deducted from the total settlement before or after the attorney's percentage is calculated. This will make a meaningful difference in the final amount of money you receive.

Red Flags: Warning Signs to Watch For

Knowing what to avoid in your search for a personal injury lawyer is just as important as knowing what to look for. Your rights as a consumer are protected by laws like the Illinois Consumer Fraud and Deceptive Business Practices Act, which guards against misleading advertising and unethical business behavior. Keep an eye out for these warning signs.

Be Cautious of Firms That

• Guarantee a Result: This is a major ethical violation. No attorney can ever guarantee a specific outcome or a certain dollar amount for a settlement. The legal process has too many variables. A reputable lawyer will speak in terms of their experience with similar cases and their intended strategy, not in terms of guarantees.
• Pressure You to Sign Immediately: You should always be given adequate time to read and understand the fee agreement and any other documents before signing. High-pressure tactics are a sign that a firm is more interested in its own bottom line than your well-being. A professional firm will encourage you to ask questions and feel comfortable before moving forward.
• Contact You Unsolicited: Ethical rules strictly prohibit attorneys or their representatives from soliciting clients directly at an accident scene, in a hospital room, or through unsolicited phone calls. This practice, sometimes called "ambulance chasing," is a serious red flag.
• Are Vague About Who Will Handle Your Case: If you meet with a senior partner but cannot get a straight answer about which lawyer will actually be responsible for your file day-to-day, be wary. This might be a sign of a "settlement mill" firm, where cases are passed off to non-attorney staff and the goal is to settle quickly, not necessarily for the full value.

Preparing for Your First Consultation

The initial consultation is a two-way interview. While you are evaluating the attorney and the firm, they are also evaluating the merits of your potential case. The more prepared you are for this meeting, the more productive it will be. It allows the attorney to give you a more accurate assessment and helps you get the answers you need to make an informed decision.

What to Bring with You

• A Written Narrative: Before the meeting, take some time to write down everything you can remember about how the accident happened. Include the date, time, location, and a step-by-step account of the events. Also, jot down a timeline of your injuries and medical treatment since the accident.
• Key Documents: If you have them, gather and bring any documents related to the incident. This includes the police or traffic crash report, photos or videos you took of the scene or your injuries, and any letters or emails you have received from any insurance companies.
• Medical Information: Make a list of all the healthcare providers you have seen since the injury, including doctors, hospitals, and physical therapists. A summary of the treatments you have received and the diagnoses you have been given is also very helpful.

Key Questions to Ask the Lawyer

Have a list of questions ready. In addition to the communication and experience questions mentioned earlier, consider asking:

• Based on the information I've shared, do you believe I have a valid personal injury case?
• What do you see as the potential strengths and weaknesses of my case?
• While I know you can't give me an exact number, based on your experience, what is your initial assessment of the potential value of my claim?
• Can you explain the legal concept of comparative negligence and how it might apply to my case here in Illinois?
• What is your general strategy for handling a case like mine?
• If we decide to work together, what is the very first thing you will do to get the case started?

Frequently Asked Questions About How to Choose a Personal Injury Lawyer

What if my injuries seem minor, do I still need a lawyer?

Yes. Even injuries that appear minor could have serious long-term consequences, and waiting to seek legal advice puts your rights at risk.

Many people hesitate to contact a lawyer after an accident because they’re unsure if their injuries are “serious enough.” But what seems like a sore neck or mild back pain could turn into a chronic condition. Insurance companies know this and may pressure you into accepting a quick settlement before you understand the full extent of your injuries.

A personal injury lawyer helps protect your claim from the start by:

• Ensuring your medical treatment is properly documented
• Preserving evidence before it disappears
• Advising you on whether to settle or continue treatment before negotiating

Don’t wait to see if your injury “gets worse.” A consultation is free, and having legal protection early gives you options later. Take proactive steps today to prevent anything you might regret down the line.

How long will my personal injury case take?

The timeline for a personal injury case varies greatly. It depends on several factors, including the complexity of the accident, the severity and long-term nature of your injuries, and the willingness of the at-fault party's insurance company to negotiate a fair settlement. A relatively straightforward case might settle within a few months, while a more complex case that requires extensive investigation or must go to trial could take a year or more to resolve.

Can I switch lawyers if I'm unhappy with my current one?

Yes, you always have the right to change attorneys if you are not satisfied with the representation you are receiving. If you decide to make a change, your new lawyer will handle the entire transition process. This includes formally notifying your previous attorney of the change and working out any fee arrangements between the two law firms, ensuring a smooth continuation of your case.

Making Your Decision with Confidence

Trust your instincts during your consultations, but verify those feelings with the facts you gather. The lawyer you choose will be your partner and advocate through a challenging time, and your future well-being will be significantly impacted by this decision. You deserve a team that will stand with you, answer your questions, and work to secure the resources you need to rebuild.

If you're ready to have a clear, honest conversation about your rights and options, we are here to listen. Call the team at Abels & Annes, P.C. today for a free consultation at (312) 924-7575.