Legal Question in Personal Injury in Illinois

Re: My husband was in a car accident

You can only file a suit based on actual damages you have suffered. If medical bills are directed toward you, and you are named as a person who is responsible to pay them, then the answer is most likely yes--you can file a lawsuit against the other person who is responsible for causing the injuries for which the medical bills are rendered.

If, on the other hand, you are not ultimately responsible for paying the bills, then will not be able to file a viable suit.

In the State of Illinois, there is such a thing called a Dram Shop Act under which a spouse and children may file a lawsuit for loss of support against a person who has sold alcoholic beverage to the person who has caused an accident or injuries. If the person who caused the car crash was drunk or under influence, you may have a cause of action for loss of support. It depends on how the accident occurred.

I hope all this helps,

Nima Taradji

Re: My husband was in a car

You state that the is not affecting him, but he has incurred medical bills and is not able to work. This sounds like it is affecting him. Perhaps you and he together should consult with an attorney to discuss a possible case.

Jeff Friedman

Re: My husband was in a car accident

Since your husband was not at fault for this collision, the responsible insurance carrier should pay all of the medical bills, his time off of work plus pain and suffering. In some instances, the spouse may have a claim for loss of support. I recommend that you consult with an attorney right away, as the law limits the amount of time you have in order to settle or file a lawsuit.

Re: My husband was in a car accident

Asking questions of attorneys is the right thing to do in this situation- the minute you sense the insurance company being unreasonable, you should hire a skilled trial attorney!

I don't really know what question you want answered. If your husband was not at fault, the other party owes your family for pain, suffering, medical bills, disability and lost wages, among other items. You have a short amount of time to file a suit in Illinois, and should get to finding a good lawyer immediately! Most lawyers, and all trial lawyers, handle injury cases on a contingent fee, meaning that they don't get paid any fee unless they collect for you. In addition, good attorneys collect medpay monies on your policy, if applicable, without ANY fee.