Legal Question in Personal Injury in Illinois

traffice accident-future liability for medical bills?

A friend of mine has received a settlement offer for a traffic accident. He was not at fault, the at fault driver works for a delivery company. A year after the accident he is still having some medical problems. The settlement requires that he waive all rights to future compensation and additional compensation from the company of the at-fault driver. His attorney is telling him to take the money-he would like additional compensation in case something else goes wrong. Is the clause ''and all future...'' standard in tort settlements? Should he find another attorney? He is concerned that something could go very wrong later on and that he will have no recourse.

A second issue: the company denies all respsonsibility for the accident and yet we have seen these drivers not acting responsibly. Is it possible to have this clause examined, or is it standard too?


Asked on 1/08/05, 3:42 pm

1 Answer from Attorneys
alexander tolmatsky law offices of alexander tolmatsky

Re: traffice accident-future liability for medical bills?

a sttlement should include all futue medicals, paid and suffering. Depending on the amount of the settlement your friend should either accept or reject. His/her attorney is the one best to judge if the settlement is acceptable or not. Also, a consultation with his dr. would help in order to know if future medical bills are likely. If the release is signed and received by the insurance company the case is over and no additional settlement is possible. Also, non-acceptance of liability in the settlement or release documents is sstandard. Hope this helps.

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Answered on 1/08/05, 4:45 pm


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