The Place For Personal Injury Law


Personal injury law speaks to justice being on the forefront of terrible and menacing injuries that occur at work, on our highways and in the public realm. Too many times when these horrible accidents occur, everyone who saw the accident, who may be partially or fully responsible and anyone else seem to melt away, as though the accident occurred in a vacuum.

However, accidents do not occur in a vacuum because there is always a definite chain of events that are linked to the accident and when any one person or a group of persons who are normally responsible are linked in any way, there is the start of an evidence chain. The personal injury lawyer is the only hope for real justice when an individual is badly injured in an accident.

The injured party will probably have very heavy medical bills, be off work for an extended period of time, and will possibly have a long rehabilitation and recovery period. On top of that, what was considered to be a normal life before the accident, may never again occur during the lifetime of that injured person.

The problem is that lawyers such as, a new york car accident lawyer, will take a case like that only if he or she feels that it is winnable as most of the time he or she works on a contingency basis. This simply means that in order to get paid, the lawyer must win the case, and the attorney’s fee comes from the proceeds of the case.

Evidence is the key to winning these types of cases, so the personal injury lawyer must be an expert at gathering evidence and organizing it so that it will stand up in a court of law. A private investigator is frequently hired, or is a part of the staff of the lawyer, in order to gain the utmost in evidence in the time that is allowed.

The objective of the lawyer is to build a case that will win in court, but it is seldom that these types of cases ever end up in court. The prosecuting attorney, or in this case the personal injury attorney will build a case so that it is obvious to the defense that the overwhelming evidence in favor of the prosecution will win the day.

Once the defense realizes that the verdict would be a foregone conclusion they will normally settle the case. This will save a lot of time and money, as the settlement would be won in court anyway, but with added expense to the defense.

Depending upon the severity of the accident, the injured party will usually ask for any medical expenses be covered in full, both in the present and in the future, any lost wages be compensated to the injured party, any rehab expenses be covered, and remuneration for pain and suffering be paid to the injured party.

After all, when a person’s life will never be the same due to the negligence or inattention of another party, there is considerable damage done that is rightly compensated for with a settlement that covers expenses plus the loss of freedoms that were once enjoyed.

About Money and ‘Going Negative’

Female Lawyer or notary in her office

A little bit on a few topics…

Money: Almost half the news stories about the election contest in the Fifth Appellate district are about the money that is being contributed and spent. Already, the election is being described as the “most expensive appellate court race ever,” following only by two years the “most expensive judicial election ever.”

There is no doubt a lot of money is being spent. We have a good vantage point to see it come and go.

Dollars pack on white background

But what most, if not all, of the news coverage fails to mention is the fact that prior to 2000, almost all of the money going into many judicial campaigns came from the checkbooks of lawyers — primarily plaintiffs’ lawyers — and the election results reflected that. Certainly that was the case in plaintiff-friendly venues such as Cook, Madison and St. Clair counties.

It’s only been since piles of trial lawyer money helped Supreme Court Justice Thomas Kilbride win his upset election in 2000 that the “non-trial-lawyer” community began to mobilize.

In 2002, the good guys helped Justice Rita Garman defeat trial lawyer-backed (and former trial lawyer herself) Susan Myerscough in the Fourth District. Similarly, the 2004 Supreme Court race was another banner day for the check-book producers as trial lawyer money piled up on the side of former trial lawyer Gordon Maag while non-trial lawyers, i.e. other lawyers, doctors, business owners, every-day citizens kicked in to help the winner, Justice Lloyd Karmeier.

The hypocrisy of the cries from “reformers” who say too much money is being spent and the process is getting out of whack is that most of them are heavily supported by — you guessed it — trial lawyers.

Foremost among them is the Illinois Campaign for Political reform, which the ICJL showed last year to be closely tied to, and heavily funded by, liberal organizations including several trial lawyer front groups.

The real anguish over judicial campaign spending is because the “non-trial-lawyer” folks are starting to flex their muscle.

“Going Negative.” I asked a representative from the law firm JTM Legal.  They said “It’s obvious that political campaigns have taken a turn to the negative side, more evident this year than in the past. Illinois voters (and television viewers) must be wondering how our state ever elected a scoundrel like Judy Baar Topinka as treasurer. A voter who saw any of Rod Blagojevich’s TV spots since last March (… and how could you not? …) has seen a multi-million dollar effort to discredit Topinka and if the latest polls are indicative, the Blagojevich hit machine appears to have worked.”


More interesting has been the whining that has come out of the Bruce Stewart campaign in Southern Illinois directed toward supporters of Justice Steve McGlynn, including the Illinois Civil Justice League’s political action committee, JUSTPAC. What have we said and done? We reported that Stewart is heavily funded by the trial lawyers. In another TV spot, we reported that Stewart and Madison County trial lawyer David Hylla had received hundreds of thousands of dollars from trial lawyers. In both cases, it was and is the truth, which can be verified in State Board of Elections records, the local news media — or even through the printed materials of the Illinois Campaign for Political Reform.

Stewart, by the way, insists his campaign is not “negative,” even though a radio spot on the Stewart web site suggested that Supreme Court Justice Lloyd Karmeier picked McGlynn for the appellate court as “a reward for being the political boss of St. Clair County Republicans.” Stewart acknowledged that there might have been a negative tone to the radio spot and his campaign removed it, but only after the ICJL complained to him.