Legal Question in Personal Injury in Illinois
Automobile Accident with Injury
My 65 year mother was hit from behind in her vehicle when the driver behind her fell asleep on the interstate. The other driver was determined to be 100% at fault. Eighteen months has passed since the accident and she was diagnosed with whiplash and has disk damage. Damage is clearly evident on the x-rays. She was told by her physician that she will require ongoing treatment and she is still undergoing some additional (motion)testing for what are seemingly permanent conditions at this point. She has headaches, neck pain, and insomnia from the pain. It has been suggested to her by a lawyer that she accept binding arbitration with the opposing insurance company for the best settlement as soon as her testing is completed. Is binding arbitration the best advice in this situation? How do they determine a settlement and what is typical for a permanent injury?
Thank you
1 Answer from Attorneys
Re: Automobile Accident with Injury
Personaly, being a trial attorney, I prefer either setling a case for the amount I think is fair, or if the insurance company believes differently, I like to take the matter before a jury and have them decide. In cases where the injury is of serious and permanent nature, and there will be testimony at trial regarding the medical treatment, I have found that trial is the better approach. In cases where liability may be iffy, binding arbitration with a pre-determined high and low amount is a better approach.
In your case, the liability seem to be of no concern, from what you are telling me. Sounds like the other driver was found guilty in the traffic court. The key is whether he plead guilty. If he has plead guilty, then the issue is only on the amount of damages involved. I cannot tell you for sure what would be a better approach, not having complete detail as to what is involved in your mother's case.
The worth of permanent injury is calculated by multiplying the amount of yearly cost of treatment by the amount of years one expect the plaintiff to live.
If you like more information, do not hesitate to call me at (312)372-4252.
I hope all this helps.
Nima Taradji
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