Legal Question in Personal Injury in Illinois
Suing for Medical/Lost Wages/Pain and Suffering
I was in an accident that was the other drivers fault. After I hired an attorney, the insurance company finally only offered a couple hundred dollars for personal injury because my car damages weren't that expensive, but I was hit hard from behind and had back and neck injuries and headaches (I still have neck pain and headaches), and my medical bills are a couple thousand dollars. The lawyer dropped me because they wouldn't make much money taking the insurance company to court. I know I can take the other driver to small claims court, but can I include lost wages and pain and suffering in my claim?
3 Answers from Attorneys
Re: Suing for Medical/Lost Wages/Pain and Suffering
Yes, you are entitled to claim your lost wages and pain and suffering in small claims court; however you should be aware that small claims limits the amount that you can recover. The fact that your current attorney has dropped your case does not necessarily mean that you do not have a case, therefore I recommend that you seek other legal advice. You are more than welcome to contact our office directly to discuss your situation.
Re: Suing for Medical/Lost Wages/Pain and Suffering
Yes. However, your case may be worth more than $5,000.00 when you include damages such as pain and suffering, loss of a normal life, lost wages, etc... If you would like to discuss your case in more detail, please contact me at your convenience. I routinely litigate these types of cases.
Re: Suing for Medical/Lost Wages/Pain and Suffering
It is often said that the person who decides to represent himself has a fool for client. The fact that the insurance company has refused to put honest money on the table is not surprising--in my opinion State Farm and Allstate routinely do this... and I would not be surprised if you were not dealing with one those two insurance companies.
In any event, filing a claim on your own and going against a seasoned insurance attorney is foolish. You may as well just burn several hundred dollars and save yourself the trouble.
You may also consider that with couple of thousand dollars in medical bills, your damages including pain & suffering and your wage loss (yes you may claim those as your loss if you can document your wages with filed tax returns and W2s showing how much you were making) may add up to more than $5000.
Insurance companies are not in business to pay claims. They are in business to take your money and then try their best to not pay out. The only line that counts is the bottom line and people's damages are non-consequential. Don't take no for an answer but don't be a fool either--get another attorney who has a thick enough of a spine to go after the insurance company without running for cover at the first �No.�
If I can be of more help let me know.
Good luck,
Nima Taradji
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