Legal Question in Personal Injury in Illinois

Automobile accident, pain and suffering claim

Dear Sir,

My wife and I were injured in an accident which was not our fault. The other driver was uninsured. Our injuries, which though it required us both to go to the emergency room and were very painful initially, and continued with heavy soreness for 1-2 weeks, were all soft tissue and both of us have healed completely. I have only a very small scar on my forehead to show for it now.

I'm wondering weather we really need a lawyer or not? We have a good insurance company (Geico) which paid actually more for our car (totaled) than I expected. Also, I got a little discouraged talking to local lawyers about what we might expect to recover on the pain and suffering side. One lawyer said (with his help!) that we might be able to recover any where from $2,000-$5,000 for each of us. I thought if that's all he can do, why don't I just wait until Geico makes an offer? Then threaten them with a lawyer if necessary. I realize that with a more complicated case with lingering injuries this would be unwise, but if we will be spending hours and hours investing in his case we may have little or nothing extra to show for it. By the way, we did take many pictures of injuries, heavy lacerations to self and heavy bruises on wife.

Thank you!


Asked on 1/05/07, 1:41 pm

3 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Automobile accident, pain and suffering claim

Hello. I suggests that you retain a

lawyer. Trying to represent yourself

in this matter puts you at a psychological disadvantage. Taking the time to litigate this could prove worth it depending upon the degree of your future pain and suffering. Will be happy to discuss this with you further and in more detail.

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Answered on 1/05/07, 1:58 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Automobile accident, pain and suffering claim

I am an attorney licensed in both Illinois and Indiana and have represented injury victims for almost 25 years.

I always caution people that the insurance companies exist for one purpose, to make money. Their adjustors are trained to offer as little as possible, especially on the subjective claims for pain, suffering, diablity and disfigurement.

It is impossible for me or any attorney to provide you with an estimate of what you can expect, or to tell you whether another attorney's estimate is inaccurate without having all of the information to review.

However, I can tell you, that it is very rare that an expereinced attorney can not obtain a higher net recovery (after attorney fees) than an untrained and inexpereinced individual can.

My suggestion is that you obtain another opinion from an attorney with experience.

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Answered on 1/05/07, 2:51 pm
Nima Taradji Taradji Law Offices

Re: Automobile accident, pain and suffering claim

The issue that most laypeople experience is that because they do not know the law they tend to say things that will ultimately hurt them. Threatening Geico with an attorney is a futile effort. They have their in-house lawyers and it will not cost them a thing to drag you into 3-4 years of litigation without any guarantee that at the end you will have anything more than what you have to show for.

If the case is set up correctly there are no reasons why you should not be able to collect more money than Geico will ever offer you. Although, you are right that Geico is a good company--but in the end the adjuster is nothing but a field soldier defending the interests of his employer--not you.

So long as you have not been asked to give a recorded statement, or provide medical authorizations for the adjuster to snoop around into your medical records past and present, I see no harm in waiting to see what Geico has to offer. You will then see whether the number is something you can live with. If not, then it may pay to consult an attorney to ascertain whether or not, based on facts particular to your situation, it is worth litigating the case.

But make sure, that you have not signed any papers, nor have given any statements. It is highly recommended that should you be required to do any of the above, that an attorney be present and have the opportunity to speak with you prior so as to understand what are the pitfalls and what are the red flags to look for.

I hope this helps,

Taradji Law Offices

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Answered on 1/05/07, 4:49 pm


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