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Car Accidents
Car accidents are a common cause of personal injury. Their impact ranges from the inconvenience of property damage to serious injury or death. If you have suffered injury in a car accident you may be entitled to compensation. The circumstances surrounding the collision, the conduct of the drivers involved, the nature of the injury suffered and the available automobile insurance impact whether compensation is available. Our firm has the experience necessary to evaluate the issues of liability and damage, protect your rights and maximize the compensation you receive.
Frequently Asked Questions
What if the accident was caused by the other driver?
If the accident was the other driver's fault, you may be entitled to compensation. Fault is determined by evaluating a variety of factors. The description of the collision by the drivers involved, witness observations, the nature and location of the damage to the vehicles, observations and conclusions of police officers at the scene and in some cases accident reconstruction are all means by which fault is evaluated.
A claim may be made with the at fault driver's insurance company. A claims adjuster is assigned by the insurer to evaluate the fault of the drivers, the nature of your injury and the property damage your vehicle sustained. It is important to remember that the claims adjuster's job is to limit the amount paid to you to whatever extent possible. The claims adjuster represents the interests of the insurer. Involving our law firm on your behalf can level the playing field and provide the experience necessary to protect your interest in receiving full compensation for your loss.
Should I provide a statement to the other insurer?
Many insurers wish to secure a recorded statement from the injured person shortly after the accident. We do not recommend providing a sworn statement without first speaking to a lawyer. The claims adjuster who will take the statement does not have the same interest as you. A recorded statement often addresses crucial issues of fault and damage. First speak with a lawyer who can assess whether providing a statement is appropriate and if so, can attend the statement. Do not allow the insurer to address these critical issues without the benefit of a lawyer acting on your behalf.
What if the other driver does not have insurance?
If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer. Most automobile insurance policies provide uninsured motorist coverage. This coverage protects you when you are injured by a person who failed to carry insurance.
An uninsured motorist claim is governed by the terms of the policy. The recovery of compensation is limited to the amount of coverage purchased. It is important to review the policy to determine the terms and amount of coverage available.
Uninsured motorist claims do not typically involve a lawsuit or a jury. If the injured person and their insurer are unable to agree on the issue of liability or the amount of compensation which should be paid, most policies require arbitration of the dispute. Arbitration involves either one judge or a panel of judges hearing the evidence and deciding the issues. If you believe you may have an uninsured motorist claim, contact our office so that the terms of your policy may be reviewed and your rights may be protected.
What if the other driver has limited insurance coverage?
You may be entitled to compensation from your own insurer under your underinsured motorist coverage. Most automobile policies provide underinsured motorist coverage. Such coverage protects you when the insurance of the other driver is smaller than the coverage you purchased and the compensatory value of your claim exceeds the policy limit of the other driver's policy.
An example of an underinsured motorist claim is as follows:
Driver A is involved in a car accident which is the fault of Driver B. Driver A suffers a broken leg and broken wrist. Driver A seeks compensation from Driver B's insurer whose policy is limited to $20,000.00. Driver A carries underinsured motorist coverage with a limit of $100,000.00. Driver A may be entitled to the $20,000.00 policy limit from Driver B's insurer and an additional $80,000.00 pursuant to his own underinsured motorist coverage.
Whether you are entitled to underinsured motorist benefits depends upon careful review of your insurance policy, the policy of the other driver, the circumstance of the collision and the nature of the injury suffered.
How much will your law firm charge to represent me?
We represent our clients on a contingent basis. A "contingency fee" is where the attorney receives a percentage of the money recovered for you. This agreement provides a risk free fee structure for our clients. The client is not charged any amount while the claim is pending. If we are not successful in recovering an amount for you, you are not charged for any of the professional time spent on your case. Contingency fees vary slightly from case to case but are typically one-third of the amount recovered.
Are there any other charges associated with the handling of my case?
Our firm pays all of the expenses associated with presenting your claim to the insurer as well as the cost of litigation. These costs include acquiring copies of medical records, deposition transcripts, trial exhibits, witness fees and hiring experts, if necessary. These amounts are distinct from the attorney fee and are repaid at the conclusion of the case. If you do not receive compensation, our law firm will not charge you for the advanced expenses.
What damages may be recovered for injuries suffered in a car accident?
There are many elements of damage you may suffer when involved in a car accident. The expenses associated with medical treatment after the accident may be recovered. Medical expenses may be claimed even if the bills are paid by a health insurer or through your auto carrier. Medical expenses reasonably certain to be incurred in the future may also be recovered if supported by the testimony of a physician.
The wages lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time. These "economic" damages are easier to calculate than the "non economic" damages noted below.
Compensation for past pain and suffering may be claimed as may future pain and suffering if a doctor testifies that such pain and suffering will likely occur. "Pain and Suffering" refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.
Disability or "loss of a normal life" experienced as the result of a car accident is compensable. Disability or "loss of a normal life" refers to the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life. The avid jogger who isn't able to exercise after suffering injury in a car accident may be entitled to compensation for his "loss of a normal life" or disability. The disability likely to be experienced in the future is also compensable if supported by the testimony of a physician.
Disfigurement suffered as the result of a car accident is compensable. This element of damage refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim.The location, size and visibility of the disfigurement impacts the degree of appropriate compensation.
Who will pay my medical expenses?
Medical expenses can quickly mount when a person suffers injury in a car accident. The cost of emergency room care, radiology charges, physician charges, diagnostic testing or surgery can create a financial burden. It is common for the expenses to cause anxiety as the bills are incurred.
The insurer for the other driver will not typically pay your medical expenses as they arise. Rather the expenses are considered one element of damage to be evaluated at the conclusion of the claim. The insurer cannot be counted on to pay the expenses in the meantime. Other sources of payment must be utilized until the claim may be concluded and the cost of the medical bills reimbursed.
A health insurance policy is one potential source of payment. We recommend that you promptly submit your medical bills to your health insurer as they are received. Submission of the bills promptly prevents the medical care provider from directing your bill to a collection agency. Second, many health insurance policies have time limits on the submission of claims. It is always preferable to proceed with a claim where the medical bills are paid rather than outstanding. If a dispute arises as to the obligation of your health insurer to pay bills caused by a car accident, a review of the terms of the policy may be necessary. Most health insurance policies provide benefits for treatment received as the result of a car accident.
Your auto insurance may also provide a means by which the medical expenses may be paid. Most auto policies provide "medical payments" coverage. The limit of medical payments coverage ranges from $1,000.00 to over $100,000.00 and is noted on the policy declaration page. Most auto policies provide that medical expenses will be paid until the limit of coverage is exhausted if the expenses are reasonable and necessary. Oftentimes the policy includes a time limit for the filing of a medical payments claim. A careful review of your auto policy is necessary to determine the terms of any medical payments coverage.
If your medical expenses are paid by your health or auto insurer, the insurer may be entitled to reimbursement if you are successful in recovering compensation from the other driver. Whether the insurer is entitled to reimbursement depends upon a careful review of the policy, the type of policy underwritten, the amount of compensation received and the status of the injured person. Discussing this issue in detail with a lawyer is oftentimes important.
If you do not have health insurance, auto insurance or the financial ability to pay the medical bills, you may still be able to receive the care you require. Some medical care providers are willing to treat a patient and forego immediate payment or collection proceedings if they are assured in writing that the medical bills will be paid at the conclusion of the litigation. This arrangement is not without risk. The medical expenses are not contingent on the litigation outcome. They are owed to the provider even if the litigation is unsuccessful.
Who is going to pay for the damage to my car?
A claim may be submitted to the other driver's insurer or to your insurer for the repair of the vehicle. Either insurer will evaluate the extent of the damage and determine the cost of repair. If the cost of repair exceeds the fair market value it is a "total loss" and a check in the amount of the fair market value of the vehicle will be paid. A check will be issued for the cost of repair if the car is not a total loss. There are critical differences between submitting the claim to the other driver's insurer or your own.
Your own insurer owes you a duty to treat you fairly and in "good faith". Many insurers offer their insureds a limited warranty for work performed to repair their damaged vehicle. The terms of your insurance policy define any such agreement. If your insurer pays for the property damage your deductible will be applied to the cost of the repair. Your insurer may then pursue recovery of the amount paid to repair or total your vehicle from the other driver's insurer. This is called subrogation. If successful, your deductible will be returned to you.
If a claim is submitted to the other driver's insurer, your deductible does not apply. However, the insurer does not owe you a duty of fairness and "good faith" and there is little remedy if the repairs are not satisfactory.
Can I still recover damages if I was not wearing a seatbelt?
In Illinois, whether an injured person was wearing a seatbelt at the time of an accident is considered irrelevant. Evidence of seatbelt use or non-use is not introduced to a jury. Some insurance adjusters consider seat belt use when evaluating a claim despite the law in this regard. A jury is not allowed to consider whether a plaintiff was wearing a seatbelt or to what extent seatbelt use would have limited the injuries suffered.
How is fault for a car accident determined?
Determining who is at fault for a car accident involves an assessment of whether one or both the drivers were negligent. Negligence means the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do under the circumstances. The law does not specifically address how a reasonable person would act, that is an issue for a jury to decide.
The Illinois Motor Vehicle Code provides one means by which liability is determined. The Illinois Motor Vehicle Code applies to cars as well as motorcycles, bicycles and pedestrians. The conduct of any of the parties involved in a car accident must be reviewed within the context of the Illinois Motor Vehicle Code. For example, a driver may be liable for an accident even if he was obeying the posted speed limit if his speed was inappropriate given the weather or traffic conditions. A complete review of the circumstances surrounding the accident is required.
In determining fault for a car accident, police reports, witness statements, accident reconstruction as well as the Illinois Motor Vehicle Code may be useful.
How does the insurance claims process work?
The claims process typically begins with you or your lawyer advising the other driver's insurance company of a potential claim. It may also be important to advise your own insurance carrier of a claim so that medical payments, property damage and underinsured motorist or uninsured motorist claims may be established as needed. Many insurance policies require that you promptly notify your insurer when you are involved in a car accident so that steps may be taken immediately to begin the claims process.
A claim made with your own carrier is different than the process involving another driver's insurer. Your insurance company must treat you fairly and in "good faith". The defendant's insurance company does not have the same obligation. The claims process involving the defendant's insurer is contentious while the process involving your own carrier is meant to be more cooperative. Both insurers have the same interest in limiting the amount paid to a claimant.
Once your lawyer has advised the defendant's insurer that they will represent your interest, the insurer typically creates a claim file. The insurer often obtains a copy of the police report and may also speak with witnesses to the accident to better evaluate whether the insured driver was negligent. The same sources noted above including the Illinois Motor Vehicle Code, police report and witness statements are used to determine whether the insured driver was at fault.
Once the issue of liability has been addressed, the insurer will obtain a copy of medical records associated with the care you received after an accident. Although there is typically a flurry of activity at the beginning of a claim as the claim file is established and information is gathered, there may be some delay thereafter as you receive the medical care you require. It is imperative that a settlement demand not be made and the claim not resolved until after your medical condition is fully evaluated and treated. Only after an injury has resolved or plateaued is it appropriate to address the possibility of settlement. Once a claim is settled, it cannot be reopened. The resolution of a claim before an injury has been fully addressed is a mistake that is costly and not typically repairable. The appropriate time to attempt to settle a claim is an issue that must be addressed with your lawyer once your medical records have been received and reviewed.
Once your medical records and bills have been reviewed by the other driver's insurer, a settlement offer may be made if the insurer agrees that their insured driver was negligent. If the defendant's insurer disagrees on the issue of liability, litigation may be necessary. Similarly, if the insurer disagrees on the value of a claim, litigation may be necessary. The need for litigation and the costs associated with litigation should be discussed in the context of any settlement offer.
If litigation is necessary, the claim is typically assigned to a new representative within the insurance company. Negotiations may continue after a lawsuit is filed. An insurer's position regarding liability or damage may change once additional facts are learned during the litigation. Given the costs and risks of litigation, it is in the interest of both parties to continue evaluating the possibility of settlement throughout litigation. Oftentimes, a final attempt to settle a claim will take place on the eve of trial. Sometimes a trial date is the best way to prompt a full and fair evaluation of a settlement demand.
What impact will payments of my medical bills by my health insurer have upon my claim?
It is always advantageous for your medical expenses to be paid by your health or auto insurer. This eliminates the placement of medical bills in collection during the pendency of your claim or lawsuit. The fact that your health insurer, rather than you have paid for your medical expenses is not relevant to your right to recover medical expenses from the at fault driver. In Illinois, payment of medical bills by a health or auto insurer is not introduced to a jury at the time of trial.
Payments made by your health or auto insurer may be subject to a requirement that you repay the insurer for payments made on your behalf. Most health and auto policies provide that should you recover money from the person who caused the injury which required medical care, the insurer must be reimbursed for amounts paid on your behalf. There are however exceptions to the right to repayment. For example, an insurer may not typically assert a right to reimbursement against a minor child's recovery. The language of the insurance policy must be reviewed to determine the insurers right to recover payments made. This issue only arises in the event you are successful in obtaining compensation.
Even if the insurance company has a right to reimbursement, we are typically successful in reducing the amount to be repaid from the settlement proceeds. This issue must be addressed on a case by case basis after examining the medical expenses incurred and the language of the applicable policy.
Can I recover lost wages if I use paid sick leave during the time off?
Wages lost as a result of time missed from work following a car accident are compensable under Illinois law. Whether you were paid by your employer for the time missed either directly or under a policy of disability insurance is irrelevant. Such evidence is not introduced to the jury at the time of trial and is irrelevant to the claims process. However, as a health insurer must usually be reimbursed for benefits paid, a disability carrier may similarly have a right to reimbursement. The terms of the disability policy must be reviewed to determine whether the insurer is entitled to reimbursement.
What if the "at fault" driver was intoxicated at the time of the accident?
Based upon National Highway Traffic Safety Administration Criteria, it is estimated that an alcohol related crash occurs every 32 minutes in the United States. Alcohol was involved in 15,935 deaths or 38.4% of traffic fatalities in 1998. Most states including Illinois have recognized the impact of alcohol use on the roadway and have responded by lowering the acceptable blood alcohol content for drivers. In Illinois, a person is considered intoxicated if their blood alcohol content is .08 or greater.
Illinois law provides a remedy against owners of businesses that sell liquor which causes intoxication. The Dram Shop Act provides that every person who is injured by any intoxicated person as a result of his intoxication has a claim against any person who sells or gives alcoholic liquor thereby causing the intoxication of the intoxicated person. Liability extends to lessors or owners of the business selling liquor but does not extend to private persons providing alcohol.
In order to succeed in a Dram Shop action against an allegedly intoxicated driver, the plaintiff must prove the following:
The defendant was intoxicated at the time of the collision;
- The defendant, his agents or employees sold or gave intoxicating liquor consumed by the intoxicated person;
- The liquor caused the intoxication of the intoxicated person;
- The defendant's intoxication was at least one cause of the occurrence in question;
- As a result of the occurrence, the plaintiff suffered injury or damage to his property.
A person is "intoxicated" when as a result of drinking alcoholic liquor there is an impairment of his mental or physical faculties so as to diminish his ability to think and act. "Alcoholic liquor" includes any liquid or solid containing alcohol such as wine, beer, brandy, rum, whiskey or gin. "Alcoholic liquor" does not mean or include any solid or liquid which contains 1/2 of 1 percent or less of alcohol, by volume.
Several defenses are available to a defendant in a case brought under the Dram Shop Act. If a jury finds that a plaintiff did any of the following then the plaintiff cannot recover damages under the Dram Shop Act:
Willingly caused the intoxication of the intoxicated defendant;
- willingly encouraged the drinking which caused the intoxication of the intoxicated defendant;
- voluntarily participated to a material and substantial extent in the drinking which lead to the intoxication of the intoxicated defendant;
- actively contributed to or procured the intoxication of the intoxicated defendant;
- provoked the conduct of the intoxicated defendant which caused the injury.
Although the Dram Shop Act provides a cause of action against liquor licensees who distribute alcohol, the amount of damages which can be collected are limited by statute. The Illinois legislature established that recovery for injury to person or property cannot exceed $45,000. A limit of $55,000 for either loss of support or loss of society resulting from death or injury was also provided. On January 20 of each year, the liability limits are automatically increased or decreased by a percentage equal to the percentage change and the consumer price index during the preceding 12 month calendar year. The limits of recovery under the Dram Shop Act therefore vary from year to year.
In addition to an action under the Dram Shop Act, an injured person also has the right to pursue a claim against the driver for his negligence. Illinois does not cap the damages that may be recovered in that regard.
What if I was a passenger in a vehicle driven by an intoxicated driver who causes an accident, may I be entitled to compensation?
As a passenger in a vehicle driven by an intoxicated driver, you may have a cause of action against the driver and the liquor licensee who provided the intoxicating liquor. The passenger's knowledge regarding the intoxication of the driver is always a critical issue. Whether it was apparent that the driver was intoxicated at the time the passenger entered the vehicle is frequently a focus of the inquiry. Entering a vehicle operated by an intoxicated driver may constitute contributory negligence. However, as long as the contributory negligence is less than 50% of the total amount of fault, recovery is possible. The individual circumstances of each accident including the conduct of the driver and passenger must be evaluated to determine the issue of liability.
What if the "at fault" driver is a relative?
Passengers are oftentimes injured when the driver of the vehicle they are traveling in is negligent. The Illinois Supreme Court has held that the negligent operation of an automobile is not conduct inherent to the parent-child relationship as the conduct does not represent a parent's decision-making in disciplining, supervising or caring for his child. The Parent-Child Tort Immunity Doctrine which bars actions against parents by their children for other types of negligence does not apply to a car accident.
Illinois has similarly abolished The Husband-Wife Tort Immunity Doctrine. A husband injured as the result of the negligent operation of a motor vehicle by his wife may bring a negligence action against his spouse.
If the injured person is a relative of the allegedly negligent driver, the issue of insurance coverage is impacted. Almost all policies of insurance exclude liability coverage for any person related to an insured person by blood, marriage or adoption and residing in that person's household. However, this leaves the driver "effectively uninsured". The injured family member may then pursue an uninsured motorist claim under the same policy. It is important that your lawyer review your insurance policy and declarations page to advise you of your rights in this regard.
How long do I have to file a lawsuit?
The statute of limitations applicable to a claim for personal injury resulting from a car or truck accident is two years from the date of the collision. There are however several exceptions to this rule.
One exception is if the plaintiff is a minor child. The statute of limitations applicable to a claim brought on behalf of a minor child is tolled during the minority. In other words, a lawsuit may be filed for injuries suffered by the minor within two years after their 18th birthday. This does not mean that waiting until after the age of 18 is necessary. Rather, a parent may bring an action on the minor&Mac226;s behalf during their minority. This provides several advantages including the litigation of the claim while all witnesses and other investigative materials are available, the parent can control the litigation and distribution of any proceeds and if the injury is severe, money may be available more quickly for medical care or rehabilitation services.
The two year statute of limitations is also tolled if the person entitled to bring the action is under a legal disability. Under Illinois law, the statute of limitations does not begin for a disabled person until the disability is removed. For example, if a 30-year-old person suffered a brain injury in an automobile accident which rendered them disabled or comatose, the statute of limitations would not expire two years after the accident. Rather, the period of limitations would expire when the disability is removed. Typically a family member such as a spouse or parent will assume the handling of litigation while the disability remains. This allows for the prosecution of the litigation while the evidence remains intact and may provide proceeds necessary for rehabilitation and medical care.
A more limited statute of limitations applies to claims against municipalities. An action brought against a municipality must be filed within one year from the date of the cause of action occurred. For example, a motor vehicle accident caused by a driver working for the City of Chicago must be filed within one year from the date of the accident. Claims against a municipality must be aggressively investigated given the limited period of time in which the evaluation may be performed.
Claims against the Chicago Transit Authority are also limited by statute. A lawsuit against the Chicago Transit Authority for injury must be filed within one year from the date that the cause of action accrues. In the case of an automobile accident involving a CTA bus or an incident involving an elevated train, the lawsuit must be filed within one year of the occurrence. Furthermore, within six months from the date of the accident, notice which details the name and residence of the person injured, the date and hour of the accident, the place or location of the accident and the name and address of an attending physician must be provided to the Secretary of the Chicago Transit Board and the Office of a General Counsel for the Chicago Transit Authority. The failure to properly notify the Chicago Transit Authority within six months from the date of injury or when the cause of action arose, serves to bar the claim in its entirety. In other words, if the required statutory notice is not provided, a lawsuit which is filed within one year is still barred.
It is important that you discuss the statute of limitations with an attorney so that all of the issues involved in the assessment of the limitations period may be considered and your right to compensation protected.
How much is my case worth?
This is a question that clients love to ask and lawyers hate to answer. A lawyer cannot foretell the value of a claim shortly after an accident. Several factors must be considered in determining the value of the claim. The first is the nature of the injury suffered. Did the client make a full recovery? Is the medical care ongoing? Is the patient likely to require additional care in the future? Has the client suffered an increased risk of future injury or diminished life expectancy? If deceased, what family members are entitled to recover and what was their relationship with the decedent like? A review of the complete medical record is oftentimes helpful in assessing these issues.
In determining the value of a claim, the liability of the defendant must also be considered. Will negligence likely be admitted on behalf of the defendant or will liability be contested? The value of a case where a defendant runs a stop sign and pleads guilty to the violation is evaluated differently than a collision at an intersection where both parties claim a green light. Whether the defendant can argue that the plaintiff was also negligent and therefore any damage award should be reduced must be considered in assessing the value of a claim.
Another important issue in assessing the value of a claim is the collectability of a judgment. This typically involves an assessment of the applicable insurance coverage. If the defendant crosses the centerline striking the plaintiff and causing severe injury the value of the case is significant. But what if the defendant driver is insured by a carrier underwriting a policy with limits of $20,000.00? Typically individuals who carry such small policies do not have the personal assets necessary to satisfy the full value of the claim. Additional potential sources of insurance coverage must then be assessed including the underinsured motorist coverage of the injured plaintiff and any additional coverage which may apply to the defendant driver. Whether the defendant was acting on behalf of an employer who provides automobile insurance must be evaluated. If the insurance coverage underwritten on behalf of a negligent driver is insufficient, and evaluation of the available assets of the driver must also be investigated.
One additional marker that may be evaluated in determining value is how similar cases have been resolved in the past. This typically involves a review of the published verdicts and settlements which provide a basis for arguing the value of a claim. Every case is different. Therefore, although previous verdicts and settlements may be a useful guide, they do not establish a firm value for subsequent cases. Each case must be evaluated independently.
Although you may want your lawyer to provide a firm number or at least a range detailing the value of a claim, it is typically impossible to initially do so. After the medical records have been researched, and the issue of liability assessed, similar jury verdicts and settlements have been received and reviewed and the issue of coverage has been detailed, your attorney may then be able to better provide an answer to this question.
Will my case go to trial before a jury?
Most personal injury claims do not involve a trial before a jury. Many claims are settled before litigation is necessary. Even those claims that require litigation typically resolve without a jury trial. Less than 10% of the lawsuits filed result in trial before a jury. Most claims are either settled or abandoned by the plaintiff if the likelihood of success is low.
Although most cases settle before trial, it is important for your lawyer to prepare the case as though trial is certain. It is also important to evaluate whether your lawyer has taken cases to trial in the past and is prepared to invest the time and resources necessary to appropriately prepare your case. Thorough preparation for trial oftentimes results in the settlement of a claim for fair value.
Some cases which involve disputes with an insurance company such as uninsured or underinsured motorist claims do not involve a jury trial. Rather, these cases are subject to the terms of the applicable policy. Most policies of insurance provide that disputes regarding liability or damage for an uninsured or underinsured motorist claim are resolved by arbitration. This typically involves a panel of three lawyers, one selected by the plaintiff, one selected by the insurer and a neutral arbitrator selected by the parties address the issues of liability and damage. This allows the parties to keep the litigation expenses low and these claims often resolve more quickly.
What does a free case evaluation at your firm involve?
Our firm offers a free case evaluation either by phone or in person. The case evaluation involves a review of the circumstances surrounding the accident, the injury suffered and the likelihood of success. This typically includes an interview with the potential client, and if necessary a review of the applicable medical record and documentation such as the Illinois Traffic Crash Report. The case evaluation provides the information necessary for the prospective client to assess whether they need a lawyer and to address the manner in which our firm may be of assistance. There is never an obligation to retain our firm or pay for the time spent discussing your case.
The other driver received a traffic ticket, do I have to attend the court date?
The issuance of a citation to the other driver is certainly a favorable sign as to the impressions of the police officer at the scene regarding the fault of the parties. The citation does not resolve the issue of liability.
In the absence of a subpoena, you are not required to attend the proceedings in traffic court. Many injured plaintiffs wish to attend the traffic court proceeding in hopes that the "at fault" driver will be found guilty. The finding of guilt may result in a fine, traffic school or other penalty depending upon the violation. The finding of guilt does not typically assist in the civil case for monetary damages. A plea of guilt to a traffic citation is typically admissible in a subsequent civil case as an admission of the defendant to establish that the facts on which the guilty plea was made. The guilty plea is not conclusive of all issues of the civil case and is subject to explanations and contradictions. However, it is strong evidence to be considered by a jury with all the other evidence. Although the defendant is entitled to explain the guilty plea, it is not easily explained. The law in Illinois is very clear that a conviction upon a not guilty plea is not admissible in the subsequent civil case.
The question remains, should you attend the traffic court proceeding? The only risk attendant to your testimony is that you will be cross examined by an attorney whose interest is adverse to yours. Your attorney for the civil case is not typically involved in the criminal proceeding and cannot voice objections to questions that he would rather you not answer. Whether to attend the traffic court proceedings and to testify is an issue you should address with your attorney well in advance of the court date.
How long will it take for my claim to be resolved?
Most clients are interested in knowing the length of time it will take to resolve their claim. The amount of time required depends greatly upon the nature of the injury suffered, the course of medical care received as well as the need for litigation.
It is typically not appropriate to resolve a claim until the medical condition of the plaintiff has either resolved or reached a point where it will not improve. It is typically not appropriate to resolve a plaintiff&Mac226;s claim until after the medical care has concluded. One exception is where the injury is so severe and the amount of available insurance coverage so limited that the value of the claim already exceeds the existing coverage. Even under those circumstances, it is typically appropriate to wait until after the vast majority of the medical care has been received before attempting to resolve the claim.
When a plaintiff has suffered severe injury and the medical care is complex, the immediate commencement of litigation may be necessary. While the plaintiff receives the medical care he or she requires, the lawsuit may be filed, the defendants served with the necessary paperwork and the exchange of information by the parties (discovery) may commence. This is oftentimes preferable to waiting until the medical care is complete as the time spent waiting for the care to conclude is lost.
The length of time necessary to litigate a claim depends upon the court in which the action is filed. The Circuit Court of Cook County has attempted to streamline the handling of straightforward cases such as automobile or trucking accidents. Cases are typically screened within three months of filing by the assigned judge and a schedule for discovery is set. It is ordered that the parties complete their written and oral exchange of information within 18 months. If the claim is not resolved by that time, a trial date is assigned. It is therefore realistic to expect a straightforward automobile accident to be tried to verdict before a jury within 24-36 months from filing. It is important to remember that many claims are settled before that time. For more complex cases such as those involving multiple plaintiffs and defendants, judges in Cook County typically order that discovery be completed within 28 months. If the case does not resolve by that time, the case would proceed to trial. It is also important to consider that in other counties such as Lake, DuPage or Kane, fewer cases are typically filed and the case may proceed more quickly.
If litigation is not required, the claim will often resolve more quickly. Many factors will affect the length of time necessary to resolve the claim including the expectations of the plaintiff, the nature of the injury suffered, need for medical care, the identity of the insurer and complexity of the underlying accident. |
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