Legal Question in Personal Injury in Illinois

I was injured in an automobile accident. It was a hit and run so my ins (State Farm) is handling it. First they tell me I can't get pain and suffering then they tell me I can. My medical bills are over 15000 and Im still in therapy (neck,back shoulder) and seeing my doctor, also on pain meds -- vicodin. I am close to 100% what should I ask for for pain and sufferin?


Asked on 4/03/10, 11:43 pm

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

There are no formulas for pain and suffering.

First let's make sure you know what you are entitled to--because the adjuster from State Farm sure won't tell you. You are entitled to:

1-reasonable expenses for the necessary medical care;

2- pain and suffering

3-loss of normal life

4-any wage loss

5-any out of pocket expenses (medications, transportation, heating pads and all that)

6-future medical expenses

7-disfigurement, if any.

These are the basics. Some of it may not apply to you-like disfigurement. But I suspect most of the other items do. Trouble is, that you are only spinning your wheels. State Farm, next to Allstate, is amongst the worst insurance companies when it comes to paying out claims--specially claims for soft tissue injuries. They figure, because my neck/back hurts claims are notoriously hard to prove, without a fracture and without a lawyer, you are dead in the water and they will offer you perhaps 2k (if you are lucky) for pain and suffering.

So, the long and short of it is that there are no formulas. Figure it this way, how much would you agree to be paid if someone tells you let me hit you with this baseball in exchange for this much money. What is the answer?

The best advice I can give you is to have your case reviewed by an attorney--you only get to settle your case once. There are no do-overs. We work on a contingency basis--that is you pay nothing until we recover for you. And certainly there is no cost to talk to me for a free consultation.

I hope this helps and good luck with whatever you decide to do.

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Answered on 4/09/10, 4:44 am
Sal Sheikh www.BetterCallSal.com

I agree with the Mr. Taradji.

You should consult with a Personal Injury attorney. Statistics have shown that once an attorney get involved in a PI claim the settlement offer often doubles.

The adjuster does not have your best interests in mind. In fact, they are trying to pay out the least amount possible.

Feel free to contact me and we can discuss.

312-532-8554 OR [email protected]

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Answered on 4/09/10, 6:23 am
Jeffrey Friedman Law Office of Jeffrey Friedman

I would suggest consulting with an experienced attorney who will be able to help you. You may contact my office for a free consultation.

Jeff Friedman

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Answered on 4/09/10, 8:39 am


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