Legal Question in Personal Injury in Illinois
Representing myself, suit filed, but do not want to go to court.
Hello, this is another question in regards to a question I had a couple months ago. My attorney died, and just last week, his wife whom was his only partner, released all my files back to me, so thier law firm is no longer representing me. This has went on for 4 years, and I do not even want to go through with law suit, I would rather just settle out of court. This wasn;t a major case, not minor either, in between. Anyways is my medical bills total $5000, and the most they are willing to give me is $8000. Out of the $8000, I am supposed to reimburse my ins. company, state farm, because they paid my bills. The opposing cousel tried telling me it would have been my attorneys job to negotiate an amount with my ins. company in which how much they would accept. I though since this was not my fault, I would get a check for my personal injury and that staefarm would go on trying to obtain the money from my medical bills. They also told me that state farm's name would have to be on the check. I am confused, but want this settled asap. I do not want to hire another attorney just because of the little extra cash I may get, it would be gone after the attorneys expenses, please help....
3 Answers from Attorneys
Re: Representing myself, suit filed, but do not want to go to court.
It's no wonder they don't want to offer more, you no longer have an attorney and you've made it clear you don't want to get another. So if they know they're not going to have to take this to trial, what incentive do they have for offering more?
Normally, when one aims to settle a PI case, one tries to get enough to cover the medical bills, enough to cover the attorneys' costs, with enough left over for the client to make it worth their while that they pursued it in the first place.
Did State Farm bring their own claim? Have you spoken to State Farm about this? By not having an attorney, you may be shooting yourself in the foot.
Re: Representing myself, suit filed, but do not want to go to court.
If you do not want to hire an attorney, then you need to contact State Farm and negotiate their medical payment lien. They have lien and because of it, their name will have to appear on the settlement draft because under Illinois Law they are entitled to reimbursement.
It is possible that you can ask State Farm to wave their lien. Occasionallly they do that and so you may get lucky. But if they decide not to do so, you have no recourse.
Generally, attorneys are in better position to negotiate a lien simply because they know the system and how it works.
Also, it is possible that the name of your old attorney may also be put on the check because of his attorney lien. You have no indicated whether or not the old attornye has released his lien or his office has done so. If it has not been released, then his name will be on the check and the adminitrator of his estate will have to endorse the settlement check.
As you see, this is not easy.
If you have any more questions contact my office and I will be more than happy to speak with you.
Taradji Law Offices
Re: Representing myself, suit filed, but do not want to go to court.
Try contacting your insurance company yourself and try to negotiate a compromise. If that does not work, you will either have to accept short money, or hire an attorney.
Good luck
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