Legal Question in Personal Injury in Illinois

First of all- the statute of limitation is 2 years. How is it that the lawsuit has not been dismissed if it was brought three years after the incident? You need to find that out ASAP for your lawyer.

Your lawyer, even if paid for by the insurance company, has a responsibility to you to make sure that you are reasonably apprised of the status of your case. If you do not understand something, he or she has an ethical duty to make sure he or she answers all your questions. So, you may send a certified mail with return receipt requested and ask for an appointment where you will want to ask all the questions you have. Write your questions down so that you don't forget them. If your lawyer is unresponsive even after you sent the letter requesting an appointment to talk, then contact your insurance company and tell them that the lawyer is not properly representing you. If that does not work, you may then contact the Attorney Registration and Disciplinary Commission and file a complaint. Your lawyer will respond to that complaint within 14 days-guaranteed.

Now, with respect to the claims that have been made- a plaintiff will have to prove the claims in court. If the case is going to trial, chances are your attorney believes that the other side will not be able to prove their case. But--do you have enough insurance? If you do not, your attorney must make you aware of the fact that you may be responsible fr excess judgment. You may be entitled to get an attorney on your own, paid for by the insurance company, to make sure that the lawyer you have is putting your interests are placed at least at the same level as the insurance company who is paying his bills.

If you need more information, contact my office. I will be more than happy to discuss this further with you.

Mr. Taradji's answer is excellent. Let me add to it that, in negligence cases, the defendant usually cannot be held liable for injuries that aren't natural and foreseeable at the time of the incident. If you don't control a dog it is natural and foreseeable that it will bite someone and that she will need medical treatment. It is even foreseeable that she might need a *lot* of medical treatment, depending upon the circumstances. But it's hard to say that becoming an alcoholic is a natural and foreseeable consequence of the bite.

There are exceptions to this rule. Among them, if the plaintiff is particularly susceptible to a particular type of injury, she may be able to recover for that injury under circumstances where others wouldn't. For example, if you punch someone with brittle bones and injure him more severely than you had any reason to expect, you would probably be liable for the full extent of the injuries you caused. The plaintiff may be relying on this type of argument. That doesn't mean she will win, but it might explain why that part of her case hasn't been thrown out.