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General FAQ

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General FAQ

How do I Select a Personal Injury Attorney?

It is extremely important to select an experienced trial lawyer who has success and proven results in litigating personal injury cases.  Many people are unaware that a large number of attorneys who advertise their services are actually "referring" attorneys who are engaged primarily in marketing and do not serve as actual trial attorneys.

The best results are obtained when defense attorneys and insurance companies are aware your attorney is a trial lawyer with a proven record of success in obtaining jury verdicts.  Attorney Robert Phillips has achieved record-setting jury verdicts for his clients.

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When Should I Contact a Personal Injury Attorney?

As early as possible.  Insurance companies and claims investigators have an unfair advantage over individuals and families who have suffered injuries or serious losses.  Insurance companies are engaged in the business of paying as little compensation as possible in relation to claims and litigation.  While many individuals who have suffered serious injuries or loss are focused on receiving the best medical care and treatment, or grieving a family loss, insurance companies begin an immediate process of investigating facts and begin gathering information in preparation for the defense of a case.

Retaining an attorney immediately after an event can allow your attorney to preserve potentially critical evidence and identify potential witnesses.

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How do Personal Injury Law Firm Contingent Fee Contracts Work?

Most personal injury attorneys' fees are based upon what is referred to as a  "contingent fee contract".  This means that the individual who has been injured, or a family that suffers the loss due to wrongful death, does not pay any attorney's fees or litigation expenses until the case has been settled or resolved through trial.

There is no cost to the client if the attorney does not settle the matter or is unsuccessful at trial.

Robert B. Phillips & Associates' contingency agreement provides for the standard 1/3 contingent attorney's fee (33.33%) of the gross settlement.  Some attorneys  charge 40% or even as much as 45% of the gross settlement as their fee.  All costs for expert witnesses (when necessary), medical records, filing fees, summons, depositions, and any other costs associated with the lawsuit are advanced by our office until we have settled the case or achieve a recovery through trial.

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What is Medical Malpractice?

In order to establish a claim for medical malpractice  (also known as medical negligence) under Illinois law, an attorney acting on behalf of a client is required to prove that a doctor or healthcare provider failed to provide the type of care and treatment that a reasonably well-qualified professional should have provided under the circumstance, and that such failure was a cause of an injury, damage or harm to the individual.

There are circumstances in which a patient may have a poor outcome following a medical procedure or after recieving medical care, however the poor outcome may not necessarily be related to the medical care provided.  In order to file a medical malpractice lawsuit and prove a malpractice claim, a medical expert practicing within the same specialty is required to review medical records and provide testimony on behalf of an individual harmed by improper medical treatment.

Robert B. Phillips & Associates, LLC works closely with some of the leading doctors in the country in representing clients harmed as a result of medical negligence.

If you have any questions or concerns that a poor medical outcome may be the result of improper care or treatment, please contact our office to discuss your circumstance.

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Should I Speak to an Insurance Company Representative?

No.  Giving a statement to an insurance company, regardless of whether or not it is recorded, may greatly impact an attorney's ability to effectively represent a client's interests.

An insurance claims representative or investigator may ask an injured party leading questions related to the cause of an occurrence or collision.  Without proper legal representation, these statements can be taken out of context and used against an individual.  Futher, insurance representatives may attempt to inquire as to the nature and extent of a person's injuries before the injuries are fully diagnosed or understood.

Insurance representatives may also attempt to gather an understanding of how much compensation someone may be attempting to recover.  Discussing any of these topics with an insurance representative can negatively impact an attorney's ability to provide effective representation.

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