Legal Question in Personal Injury in Illinois
COmpensation for injuries from auto accident
Auto accident: I was hit from behind by a speeding large dump truck and sustained some minor injuries-cervical, thoracic, low back strain and mild shoulder problems which will probably stay with me for a long time. I was evaluated and treated in ER and then released to the care of my family physicain. Over the next 3 months, I went through more tests, physical therapy, dr appts, consultations,missed some work,inconvenienced greatly, tc. The other drivers insurance paid most of my medical bills-$5,000.
and repair to my vehicle-$11, 000 as the other driver was completely at fault and ticketed.They also provided me a rental car for a month while mine was repaired.
I would like to know how to go about claiming a settlement for bodily injury, pain and suffering, possibly life-long problems with back, neck and shoulder,etc without the aid of an attorney, but I have no idea how to do this.
4 Answers from Attorneys
Re: COmpensation for injuries from auto accident
When dealing with the claims adjuster you must do several things. First, decide what you would be willing to settle for. Second, add up all your actual monetary losses such as medical bills and wage loss, and then list all of your non-monetary losses such as pain and disability. Next, ask yourself what a jury of twelve people would likely award you. Finally, begin your negotiations by asking for a figure above what you would settle for. Make sure the adjuster has all your documentation. Good luck.
Scott Blumenshine 312-263-1000 ext 223
Re: COmpensation for injuries from auto accident
All of the earlier replies to your question have been appropriate responses, but I do not believe they emphasise strongly enough the advisability of obtaining legal counsel. The insurance company has an outrageous advantage over you in settlement negotiations which may be overcome in some cases with an attorney's help. In most cases an experienced personal injury attorney will net you a larger recovery after the attorney's fees are paid then you would have obtained if you handled the matter yourself. Please consult with an attorney before settling your claim.
Re: COmpensation for injuries from auto accident
Sorry to hear about the injuries. You must be carefull in settling when there are soft tissue injuries involved. These type of injuries tend to come back and hurt in future. They are so hard to get rid off.
The insurance company will undoubtedly try to shortchange you so far as the pain and suffering is involved. They will probably offer you a $1000 or two to settle for good.
The only way I know to get a fair share for pain and suffering, disability, wage loss etc... is to file a lawsuit and go to court and have 12 members of jury decide what is fair. In my experience 12 people like yourself are way better in judging fairness than an adjuster seating in the comfort of his/her office...
They will present you with two simple choices: 1) their way or 2) the highway...
Consult with a lawyer so you have a third choice.
I hope this helps
N.B. Taradji
Re: COmpensation for injuries from auto accident
You can contact the adjuster yourself and negotiate directly or you can retain an attorney who will generally charge (1/3) of the recovery as a fee. An experienced attorney may also be in a position to advise you of the appropriate value of your claim. Please consider consulting with an attorney to discuss all aspects of your claim.
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