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Posted on in Illinois Law

Contingency Fee – Is it really risk free?

If we are handling a case for you, whether it is a workers' compensation claim or a personal injury claim, our law firm works on a contingency fee basis. This means that there are no up-front costs and we only get paid if you get paid. In other words, if there is no recovery for you (which is highly unlikely if we decide to represent you), you do not owe us anything.

Now, the contingency fee varies based on the type of case. In workers' compensation claims, the contingency fee is typically 20%. In a personal injury case, the fee is typically 33.33% or 40% depending on when the case resolves. At the outset of any case, you will be asked to sign a representation agreement. The contingency fee amount that will be charged at the time of recovery will be outlined in that agreement.

When does it Vest?

By its very definition, the contingency fee is contingent upon the receipt of money. Therefore, an attorney does not get paid until the client is paid. For example, if an insurance company makes an offer but the client decides to reject the offer, the attorney is not entitled to a certain percentage of the offer. The attorney is only entitled to a certain percentage of the recovery once it has been paid by the insurance company or the defendant.

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The state of Illinois is a no-fault state when it comes to workers' compensation law. Therefore every employee that sustains injuries at the workplace within Illinois is entitled to compensation. However, for an order for compensation to be entered, the injured employee must prove that the injury was sustained at the workplace while engaged in their lawfully allocated duties. Our workers' compensation attorney champaign IL from Woodruff Johnson & Evans understands the repercussions that work injuries can cause, including rendering one unable to work. Hence, working with a workers comp lawyer champaign IL gives you a chance to get the right advice and subsequently guide you on proving that the injuries arose from your workplace.

How much is workers' compensation worth in Illinois?

It is a legal requirement that every employer in Illinois carries workers' compensation insurance. Through the insurance coverage, injured employees can receive compensation to cater for any damages resulting from the injury. Further, various factors determine the amount of benefits an injured employee is entitled to. The severity of the injury, the injured body part of the employee, and recovery time are factors that will be considered before benefits are given to the employee. Generally, the compensation received varies from one case to another; therefore, to maximize your benefits, it is crucial to consult with our workers' compensation lawyer champaign IL, for insights on how benefits are calculated in Illinois.

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Posted on in Illinois Law

Auto-accidents are some of the most common accidents on Illinois roads. The results of such accidents range from serious or minor physical injuries, material damage, etc. What usually follows after such accidents is insurance claims aimed at seeking compensation for any form of damages suffered. During the claim process, most parties are vulnerable. Most especially those who suffer physical injuries are probably in the recovery stage or have depleted their finances, taking care of their hospital bills. Therefore it is easy for such a party to take up any settlement amount offered. Our personal injury lawyer Chicago from the law office of Woodruff Johnson & Evans can always assist you with all the legal aid you require to help maximize your benefits. With the knowledge and experience each of our attorneys possesses in insurance law and insurance claims, you have the assurance that your case is being handled by a lawyer with great attention to detail.

What are the limits of insurance that are mandatory?

When it comes to auto-accidents, Illinois is a comparative negligence state. Therefore it is not automatic that a certain party is responsible for the accident hence solely liable for damages. Several parties can be held liable for the accident, including the injured party. Determination of liability is an exercise that requires thorough research; that is why it is in your best interest that you retain a competent Personal Injury attorney Chicago throughout your case. Once a determination of liability has been reached, the claimant will receive compensation less their liability. For example, where it is found that the contributory negligence of the claimant was 20%, the benefits they are bound to receive will be less than 20%.

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Each year, thousands of people die as a result of work related accidents throughout the country. In Illinois, the Illinois Workers' Compensation Act protects the families of victims of such devastating events by mandating life supporting benefits to the victim's survivors.

The first death benefit is the payment of medical bills related to the life-ending injury. The employer must pay these charges. A family suffering from such devastating loss are not stuck with mountains of bills that may have been incurred during life-saving efforts.

The second death benefit that Illinois law mandates is the payment of burial expenses. Illinois law requires that the employer pay $8,000.00 for these expenses.

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Remote depositions are becoming widespread in the wake of the corona virus pandemic.

In the age of a pandemic, each and every one of us is exploring new and effective ways to communicate, socialize, and to work. The same holds true for the legal profession and, in particular, the way in which we conduct depositions.

A deposition is an oral statement required to be made by the parties, witnesses, experts, etc. during the discovery process when a case is in litigation. It is made under oath and, in normal times, takes place at either plaintiff or defendant's office (or a neutral site). With the advent of COVID-19, attorneys have had to explore new ways in which to take these depositions when an in-person statement is simply not practical or necessarily safe. For injury victims who have filed a lawsuit and find themselves having to give a deposition during the pandemic, multiple questions arise:

  • Do I have to appear in-person for my deposition?
  • Will I be penalized if I am not comfortable giving my deposition in-person?
  • If I do not feel comfortable appearing in-person, are there alternative ways in which I can give my deposition?
  • What if I am not comfortable sitting for a deposition via remote means such as "Zoom"?

Illinois courts have enacted several rules addressing the very issue of whether a party or witness can refuse to sit for an in-person deposition for safety reasons during the pandemic. Most Illinois courts have made it clear that in-person depositions are not required so long as we are in the midst of the pandemic. Furthermore, the courts in large part have indicated that parties and attorneys will not be penalized for not agreeing to do an in-person deposition during the pandemic.

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