Legal Question in Personal Injury in Illinois
I was involved in a car accident in Jan 2005 when a Domino's Pizza driver rear-ended me at a red light. Fortunately the police were close and able to respond immediately. As a result of the accident I am permanently disabled due to a ruptured rotator cuff and my children currently take care of me. My lawyer told me that he couldn't go after the pizza drive because he was an independent contractor for Domino's. My lawyer has contacted me about a settlement amount that I am very unhappy with and it doesn't seem right to me, I am completely disabled due to this accident. I had a full-time job prior to this accident! I have two questions: could my daughters who were in the car go after the insurance company though it's been five years? And why isn't my lawyer going after Domino's?
2 Answers from Attorneys
The lawyer probably should have sued Dominos and may still be able to do so if there is an exception to the statute of limitations. If your daughters have not turned 20, they can still file suit.
A torn rotator cuff is not a complete disability. You need to get on with your life.
The statute of limitations against the driver of the vehicle that hit you has long since run. Suit should have been filed no later than January of 2007. If your daughters were injured in the accident and have not yet turned 20, they probably have not missed the statute. Finally, it was not Domino's that struck your vehicle. Domino's no longer advises that '30 minutes or your pizza is free' precisely because they were being sued because of that requirement. It is doubtful that Domino's has any legal liability and therefore, your lawyer wisely has chosen not to waste time and money pursuing them.
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