Legal Question in Personal Injury in Illinois

Auto accident injur y settlement

I was involved in an auto accident in May of last year. I was hit by another driver and he was found at fault. Unfortuanately, I broke my hand in the accident and had to have surgery. Broken 5th metacarpal, 2 pins, a cast for 2 months, and then 2 months of physical therapy. It doesn't appear that there will be any extremely long-term effects, but it has definitely put a cramp in my actice lifestyle -- no sports, etc. If age is taken into consideration, I am 26 years old. The total for all medical expenses involved is $15,842.00. The insurance company I am dealing with has offered to pay the total amount of the medical bills in full. They have also made an offer of $7,500 on top of that for my pain and suffering (this is the amount that I have negotiated up to on my own). Is this a fair offer? I am just trying to find out if this is worth the hassle of getting attorneys and a court of law involved. Thank you.


Asked on 1/11/06, 5:53 pm

2 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: Auto accident injur y settlement

There is no formula for fairness. If you are satisfied with the $7,500 for compensation for your pain & suffering, loss of normal life and any future losses you may experience, then I say it is a fair offer.

I recently settled a case where a woman was hit by a car and caused her to have a herniated disc. No fractures of any sort and she had about $4000 in medical bills. The settlement reached was $79,000.00. I argued that herniated disc is permanent and is affecting and will affect her life in the future.

In my experience, a fracture never returns 100% to the pre-fracture state. There will always be residuals.

Getting an attorney is not a hassle. In fact it won't cost you anything. The insurance company likes to dangle cash in front of your nose hoping you will be duped in short changing yourself. If you are in a hurry and don't like to wait for a bigger and better payoff and are satisfied with little money, take the offer and go about your merry way.

If, on the other hand, you have time and you are not in immediate need of money and are willing to put in the effort, and think that you can do better than $7,500 in your pocket, then you will be well advised to talk to an attorney. I do not know of any insurance adjuster who has the good of the injured party in mind. In fact, they are not to be trusted�remember, they get a bonus based on the dollar amount they have short changed an injured party (I kid you not!).

My office works on a contingency basis. That is you do not pay anything until a recovery is made for you. On cases we decide to take, we advance the cost of litigation so that there will be the least amount of "hassle" imposed upon you.

I hope this helps,

Taradji Law Offices

Read more
Answered on 1/11/06, 6:29 pm
Kelly Bennett Bennett Law Offices

Re: Auto accident injur y settlement

As the saying goes, "He who represents himself, has a fool for a client." You should hire a lawyer; not next week, not tomorrow - today. This offer is a joke. My advice is that you cease speaking with the insurance company, give no more recorded statements (I am assuming you have already given one) and hire someone, on a contingent basis, to represent your interests.

Read more
Answered on 1/11/06, 6:34 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Illinois