Legal Question in Personal Injury in Illinois

Re: What would be benefit of retaining atty

Another potential form of compensation would be under the Dram Shop Act if the at fault party was intoxicated. Our law firm has obtained a record high muti-million dollar verdict in a Dram Shop case against a drunk driver. Please let me know if the other driver was intoxicated.

Re: What would be benefit of retaining atty

There are so many ways an attorney can maximize your recovery that you are unaware of. First, is there underinsured motorist coverage; if so, your attorney can tap into that. Second, your attorney will reduce any liens that are on your case. Third what other parties are potentially liable.

You have posted a good question. Being a frank as possible, you would be a fool to settle without the attorney's assistance.

Re: What would be benefit of retaining atty

ANSWER:

There is almost never a case when you recover more money without an attorney.

If you read seminar materials and adjuster training literature - you can come to my office and read a few - you will see that, invariably, insurance companies pay out 40-50 less when the claimant does not have an attorney.

There are occasions however when it makes sense to go it alone - when the amount of the damages are already set (or liquidated) AND you have a working knowledge of your rights and obligations.

With liquidated damages (e.g., you need $1,250 in paint and body work for your smashed car) you know the total amount you could possibly ever recover.

You can then make a mathematical computation to determine if you should retain an attorney.

Another situation that comes to mind is a workers' compensation death case - the benefits are set by law (liquidated) and unless the cause of death is disputed it makes no sense to have an attorney.

However, we must not forget the second part of the equation - you MUST have a working knowledge of your rights and obligations before you can apply the mathematical formula.

Here is some information for you to make that decision:

Before you settle with the insured - you must make sure you tender the claim to your uninsured/underinsured motorist carrier.

Your failure to do so would negate your ability to file a claim for underinsured motorist coverage and you would lose out on the ability to collect your insurance proceeds.

The underinsured motorist carrier would then elect to continue the claim and match the $25,000 or provide a waiver.

If they provided the waiver, you would be permitted to sign the release and accept the check without prejudice.

You would also need to perform a due diligence on the insured. You need tax returns, an asset search and an affidavit of insurance coverage for the driver and the owner of the vehicle. You also need to know for what purpose the vehicle was being operated to insure that there is no master/servant issue to explore.

Finally, you are probably subject to the medical provider's lien act - an attorney can apply the statutory formula and make sure you clear the maximum amount, which would be approximately $8,000 with an attorney, if properly negotiated.

Without an attorney, you need to make sure that you do not just net the $4,000 and have lost your right to underinsured motorist coverage, if any.

In most instances, with the facts you have provided, you would recover $8,000 from the insured driver with an attorney and recover $4,000 without an attorney.

The amount you would recover from your underinsured carrier would depend on the nature and extent of the injury and your policy amount.

Good luck,

Matt Belcher

Re: What would be benefit of retaining atty

The benefit of retaining an attorney

may be that you have peace of mind

knowing that you maximized your

recovery. You may want to retain

attorney on hourly basis or

a reduced contingency fee.

You may have rights against other parties or their insurers. In particular, you may have rights against

underinsured motorist coverage.

Feel free to contact me for a free

consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine