Legal Question in Personal Injury in Illinois

accident, rear-ended, herniated disc, surgery

I was rear ended Nov of 05, and suffered a herniated disc. which i have had to have surgery and off work for 6 months. i will be filing a claim with the ins. co., should i try to do this myself first or go ahead and get an attorney and risk losing 1/3 of my settlement. i have all my dr.notes, and bills and everything they will need, should i go ahead and submit or wait and have an attorney go thru and send it to them. if i choose not to go with an attorney how do i know what the standard compensation is for this type of injury for pain and suffering?


Asked on 11/30/06, 4:00 pm

7 Answers from Attorneys

Frank Sprude Frank Sprude, Attorney at Law

Re: accident, rear-ended, herniated disc, surgery

The decision on whether to retain an attorney or not is up to you. Note that many attorneys offer free intitial consultations, so you could discuss your case with one of them before you decided to retain an attorney or not.

The value of your claim depends on a great number of factors, some of which cannot be known until well into the case. Even in the same court, two very similar cases can turn out with substantially different results. However, having an attorney familiar with your type of case and court procedures is, in my opinion, usually worth the attorney fees.

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Answered on 11/30/06, 4:18 pm
Thomas Zimmerman Zimmerman Law Offices, P.C.

Re: accident, rear-ended, herniated disc, surgery

You really should have an attorney represent you. Insurance adjusters always make low-ball offers, and an attorney can obtain comparable jury verdict and settlement amounts from other people who sustained similar injuries. Plus, your statute of limitations may be approaching, and you may have to file a lawsuit in order to preserve your right to seek redress. I handle these cases. You can visit my website at www.attorneyzim.com, or call me at 312.440.0020. Tom Zimmerman.

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Answered on 11/30/06, 4:21 pm
Mike Helfand IllinoisLawyers.com

Re: accident, rear-ended, herniated disc, surgery

You absolutely should get a lawyer because we don't forsee you getting better before your time limits to file are up. You don't want to settle until you are completely done with your care. In almost every situation we see, you get more with a lawyer. I run a free service for people who need lawyer referrals or general advice. If you would like a recommendation call me anytime or e-mail through the site below with any questions or to get a referral.

Mike Helfand

Attorney

www.findgreatlawyers.com

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Answered on 11/30/06, 4:48 pm
Matt Belcher Belcher Law Office

Re: accident, rear-ended, herniated disc, surgery

QUESTION:

I was rear ended Nov of 05, and suffered a herniated disc. which i have had to have surgery and off work for 6 months. i will be filing a claim with the ins. co., should i try to do this myself first or go ahead and get an attorney and risk losing 1/3 of my settlement. i have all my dr.notes, and bills and everything they will need, should i go ahead and submit or wait and have an attorney go thru and send it to them. if i choose not to go with an attorney how do i know what the standard compensation is for this type of injury for pain and suffering?

ANSWER:

The answer depends on the amount of the insurance policies involved.

You potentially have two claims -

First, against the other driver who caused the accident.

Second, you may be able to file a claim against your own "underinsured" motorist policy.

If you provide me with the policy limits of the negligent driver and your own policy limits for underinsured drivers, I will be able to provide you with a more accurate answer.

(for example, if the policies involved are only $20,000 - you may be better served trying to settle the case yourself.)

Thanks,

Matt Belcher

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Answered on 11/30/06, 5:10 pm
Nima Taradji Taradji Law Offices

Re: accident, rear-ended, herniated disc, surgery

Should you get an attorney? Look at this way: the insurance adjuster is trained to manipulate and take advantage of everything he can. He is not your friend and you cannot expect any sort of human behavior on his part.

It usually is best to have an attorney on your side. Everything you say and do will be used against you. For example, don't be surprised if the insurance company comes and tell you that you must take some percentage of the fault because you used your break too hard--a sudden stop defense. There are a host of various bogus defenses the insurance company will try to pin on you so that they pay less.

An attorney will smell this crap from a mile away and in fact will anticipate it. You, on the other hand will not.

It is best to get an attorney even if you have to end up paying 1/3--in the end, you may get a lot more money that will make up for the 1/3 you spend. Also, you can always negotiate the fee with your attorney. No one says that 1/3 is written in stone. I have, in the past, reduced my fee in some cases.

The long and the short of it? You really would be better off getting an attorney--and that is the best advice I can give you.

If you have any questions or need more information contact my office.

I hope this helps.

Taradji Law Offices

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Answered on 11/30/06, 6:08 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: accident, rear-ended, herniated disc, surgery

My office would be pleased to discuss this matter with you. Kindly contact me at 312--357--1431.

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Answered on 11/30/06, 6:32 pm
Scott A. Blumenshine Blumenshine Law Group

Re: accident, rear-ended, herniated disc, surgery

You can always retain an attorney

after you try to settle your case

yourself.

A large number of our clients have

tried to settle their cases before

retaining our offices.

If you do wish to try settling your

case yourself, you should:

1. not give any recorded statement

2. not sign any documents

3. obtain the policy limits

of the other driver before

making a demand.

4. make an underinsured motorist

claim against your own company

to protect any rights you may

have to additional compensation

Will be glad to give you free consultation. If you do get an

attorney, make sure the attorney

concentrates in auto injury cases,

is someone you feel good about

and confident in. It's your case.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

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Answered on 11/30/06, 10:38 pm


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