Legal Question in Personal Injury in Illinois

Re: Am I entitled to future compensation from an accident?

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Re: Am I entitled to future compensation from an accident?

Yes you are entitled to future compensation. If you settle now, the insurance company will require you to sign a release of all future claims and you will NOT be able to obtain future compensation. You generally have two years to file a claim for injuries in Illinois. Please consider contacting us for free consultation at a mutually convenient place and time. Thank you and best of luck to you. Scott Blumenshine - Law Offices of Meyer and Blumenshine. 312-263-1000 ext 223.

Re: Am I entitled to future compensation from an accident?

You pretty much have your answer. If you settle with the insurance company, you will be asked to sign a release of all claims which says that in exchange for "x" amount of money you are releasing the other side from any and all claims you may have now or may have in the future, whether you know it now or not, arising from that accident. That is you forever extinguish any claim you have. If you have scars, and may need plastic surgery in the future, you better get an opinion from a plastic surgeon asking him how much a surgery may cost you in the future and whether you are a good candidate for surgery (sometimes plastic surgery won't help that much depending on the type of the scar and where it is located, how deep, how big etc...) If you suspect having future need for medical treatment, you need to do the same and get an opinion from a qualified doctor telling you what type medical treatment you may need in the future and how the disability you may be experiencing will affect you in your life.

At that point, the battle will begin. The insurance company will not agree with you and will only want to give you a fraction of what your claim is worth. At which time you will have to decide: take the money or sue.

As far as time frame, you have 2 years from the date of the accident to file a claim in Court. Once that time has passed and you have not settled with the insurance company, your claim is GONE... The insurance company will never settle with you if you have no recourse in Court. So, you have 2 years.

I hope this helps,

Nima Taradji

Re: Am I entitled to future compensation from an accident?

I would obtain an estimate of the cost of future surgery, and present that now as an element of damages, reasonably certain to be incurred in the future. As to time limits, you have 2 years from date of accident in which to file suit or it will be barred by the statute of limitations.

Re: Am I entitled to future compensation from an accident?

If you settle your case, you are finished. You will have to release the other party for any future liability, and unless they specifically agree to pay future medical bills IN WRITING, the sum you get when you settle is all you will ever get. You only have two years from the date of injury to file a law suit, and this requires you to get going on your treatment now, so that you can make a decision about filing a suit long before this limit runs.

The other problem in delaying treatment is proving later that that treatment was caused by the car crash. It is a very typical defense to say that something else must have happened to cause your pain and problems, and the long delay in getting treatment is proof of this.

If you want to discuss this further, without cost or obligation, I am happy to speak with you. 314.252.9937.

Re: Am I entitled to future compensation from an accident?

You have two years from the date of the accident to either settle or get it into court. That means that if you don't settle within the two years, you must file suit to preserve your rights. If your injuries are that serious, you should really see a lawyer - a lawyer will make sure that your future pain and suffering is as adequately provided for as possible. Attorneys work on contingency (if you win, attorney gets percentage of award)so you won't need to come up with hefty fees. Be careful when dealing with the insurance company on your own.