Legal Question in Personal Injury in Illinois

Re: Subrogation versus pain and suffering settlements

There may be more insurance here than you think; the pedestrian may have an auto policy, or someone in his household may; these may have uninsured/ underinsured coverages and med pays, which may offset or stack, depending on the state in which the policies were issued or sent, which are probably not subject to subrogations, and these policies likely cover the injured pedestrian as well. This is a very complex question, and I need a lot of information. Please phone during business hours: (309) 794- 1468. My secretary or paralegal will take down all the info and I will rephone whoever calls with such additional questions as I may have. I had a similar case in Iowa 2 years ago, and we managed to squeeze $225,000 out of various carriers when the 'at fault' party had only $25,000 in liability coverage, and we were able in that case to avoid the subrogations. In Illinois, for example, an appellate case about a year ago declared Country Companies' subrogation clause violative of the Insurance

Code, and thus there was no subrogation. I need my staff to do the initial interview and I will need about a half hour's time with someone who has all the documents etc I may want. Please phone first thing Monday morning.

Peter

Re: Subrogation versus pain and suffering settlements

Your case is serious, and your questions are best answered by meeting with an attorney and going over all of the facts, so that a proper investigation into all of the sources of recovery can be undertaken. Please feel free to call my office at 312-357-1431 for a free consultation.

Re: Subrogation versus pain and suffering settlements

You can always negotiate the subrogation and even maybe get rid of it. It all depaends on the facts. With the amount of the bills you have and the low amount of insurance, I highly recommend you talk to an attorney who may be able to find ways to get money out of the insurance company. I suggest you talk to an attorney who will get 1/3 for doing this. 40% is too high unless it is for work done after having taken you to a live trial by jury.

My firm, along with others, deal with this kind of issues all day long. I cannot stress the fact that you should not do this alone.

Good Luck

Nima Taradji

Re: Subrogation versus pain and suffering settlements

The bottom line is that you cannot be certain that the $25000 is the limitation and YOU NEED AN ATTORNEY. An attorney can navigate the loopholes for you that relate to this case. I would not advise you to do this alone. Many attorneys will start the case for a third of the outcome before trial. Interview some and decide who you are comfortable with.