Legal Question in Personal Injury in Illinois

I had recently submitted a question about being in an accident and if I would be able to seek punitive damages. Your response was that I would be most likely compensated for pain and suffering, I thought that was what punitive damages were. My insurance co. is taking care of what needs to be taken care of but I am not released from my physicians care yet, I have a cracked sturnum, significant swelling, bruising, cuts and my muscle tissue around my neck is swelled, x-rays were taken. I also looked up the man who was driving the other vehicle's record through the circuit clerk from where he lives and he has a history of alchohol use and was involved in the same type of accident that this was, of which he was found guilty as well. My question is this, does my insurance co. take care of everything or should I seek an attorney?


Asked on 11/28/11, 8:16 am

5 Answers from Attorneys

Nima Taradji Taradji Law Offices

The Insurance Industry's own internal audits demonstrate that a person who is represented by an attorney will always end up with more compensation in comparison with a person who is not--even taking into account attorney fees. Whether or not you decide to go with an attorney is your choice but know this: the insurance adjusters are not your friend. They are there to make sure that they short change you because most of the time their end of the year bonus depends on how much they have saved the company. Contrary to the advertisements you see on TV, you are not in good hands nor are they your good neighbors. Insurance company's are in the business of making money by collecting premiums and then paying as little as possible--regardless of what is morally right or even legally right. Also, the insurance adjusters are well versed and well trained in twisting the truth and play loose with the facts--only an experienced attorney will be able to deal with their shenanigans.

Neither your insurance company nor the other driver's insurance company are your friends. The fact that you did not know the difference between what damages you are entitled to, shows that you would greatly benefit form engaging an attorney to work for you and to make sure you get the highest compensation you deserve.

I hope this helps

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Answered on 11/28/11, 8:38 am
John Wunsch Law Offices John C. Wunsch, P.C.

Dear Sirs,

An attorney can protect your rights to insure that you are obtaining all the benefits that you are entitled to recover under Illinois law.

These include many other elements of damage, both past and future.

Please call should you wish to discuss your case with our law firm.

All best,

John C. Wunsch

[email protected]

(312) 977--9900

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Answered on 11/28/11, 8:56 am
Kelly Bennett Bennett Law Offices

I agree with Mr. Taradji's statements. Moreover, punitive damages are different than pain and suffering damages, which should be one indication as to why you should be represented by a competent attorney.

Do yourself a favor and retain an attorney.

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Answered on 11/28/11, 12:29 pm
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am an Illinois-licensed attorney that focuses my practice almost exclusively on injury claims. I am very sorry to hear about the accident that you were involved in, and the injuries, which have obviously affected you in many ways.

The fact that the other driver has a history of alcohol abuse and prior offenses and/or accidents that involve the use of alcohol makes it highly likely that the other driver could be determined to have acted recklessly. If you are able to establish a high degree of recklessness, punitive damages can be available. As the prior attorneys stated, punitive damages can entitle you to additional compensation, even above and beyond all that you are entitled to already for pain and suffering.

An injury attorney would present the proper legal arguments to the insurance company to justify additional compensation by way of punitive damages, and would also be able to determine an appropriate amount of compensation, based on your medical condition and the long-term effects of the injury.

Our office handles these claims on a contingency fee basis. This means that you do not owe anything up front. The legal fee is simply a percentage of the overall amount of compensation that we are able to obtain. We also do not charge for consultations.

We are located in your area and would be willing to meet with you as soon as possible at a location that is most convenient for you, if you are interested.

I hope this helps, at least to some extent.

We can be reached at (314) 471-5585, days or evenings, or, for convenience, by e-mail at [email protected].

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 11/28/11, 2:07 pm

As a supplement to what the other attorneys stated and in direct answer to your question, your insurance company will not compensate you for pain and suffering, disfigurement, disability, lost wages or medical care ( beyond the medical payment provisions of your policy). You are likely to be better served by hiring an attorney. I hope this answer helps.

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Answered on 12/02/11, 8:12 am


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