Legal Question in Personal Injury in Illinois

What am I entitled too after a auto accident?

I was in a 6 car accident were I was struck from behind.I suffered for over a year, still limited in some areas. I would like to know if its true that Im entitled to at least 3 times the amount of the hospital and Doctor bills I encuured.

Asked on 4/14/03, 5:11 pm

6 Answers from Attorneys

Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: What am I entitled too after a auto accident?

Please give our office a call so that we may discuss this matter further. (800) 322-0359

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Answered on 4/29/03, 11:48 am

Lawrence Falli Falli Law Offices

Re: What am I entitled too after a auto accident?

You are not entitled to 3x. What you are speaking of is a rule of thumb. Generally, with soft tissue injuries (not broken bones/no surgery) the average recovery is three times medical bills.

Keep in mind, average means half are more, half are less. Each case has its unique facts that may rise or lower your recovery either through settlement or trial.

Best of Luck!


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Answered on 4/14/03, 5:21 pm
Spencer Farris The S.E. Farris Law Firm

Re: What am I entitled too after a auto accident?

You are entitled to recover for your economic losses, including medical treatment, lost wages, and property loss. You are entitled to recover for non-economic losses- pain, suffering and inconvenience.

The 3 times number is often mentioned, but not really the law. I had never heard of this until a juror mentioned it to me once, years ago! Some believe that this number comes from the jury tendency to award an amount that considers your expenses, your non-economic losses, and your attorney fee, but there is no real documentation of this of which I am aware.

If you had an amputation, the 3 times rule would be grossly unfair- medical expenses would be minimal compared to the losses you suffered. Likewise, some injuries that are overtreated from a jury's point of view never recover 3 or even 2 times the medical.

The key to maximizing your recovery is to prepare your case for trial, and having an experienced trial attorney to do this for you is your best chance of making a full recovery.

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Answered on 4/14/03, 5:37 pm
Nima Taradji Taradji Law Offices

Re: What am I entitled too after a auto accident?

Hi There:

Unfortunately, there is no entitlement in a personal injury claim.

The insurance company will no doubt try to weasel its way out of paying you a dime, even knowing you were rear-ended (I have seen them come up with some far fetched defense such as "sudden stop").

There used to be a rule of thumb where a measure of pain and suffering and loss of normal life as a result of a personal injury was measured in terms of the total medical bills multiplied by three. Some attorneys say it should be multiplied by 4.5, some say 2 some say you should be happy if you can get the insurance company in a soft tissue injury to pay out 1.5 time the medical bills. So there is no set rule these days--mostly thanks to the insurance companies aggressive campaign to vilify anyone who files a personal injury lawsuit by calling them "law suit lottery" players or other names like that.

If the insurance company decide to pay out, they will make you an offer and they will give you two choices: take it, or leave it. If you feel that you are being short changed (honestly short changed) you should talk to an attorney who will know how to talk to the insurance company’s adjuster and who will know all the tricks they play in order to keep the pay out low.

I hope this answers your question,

Good luck!

Nima Taradji

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Answered on 4/14/03, 5:42 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: What am I entitled too after a auto accident?

The 3-times amount you are referring to really is just a rule some attorneys use to put a price on injuries in the negotiation stage of a case. Your personal situation will determine the outcome. Get an attorney, especially if you really believe these injuries are still affecting your ability to live normally as you did before.

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Answered on 4/14/03, 5:52 pm
A. David Kremin David K. Kremin & Associates, P.C.

Re: What am I entitled too after a auto accident?

Thank You for contacting me.

I am confident I can answer your questions and be of help to you.

It would be best if you called me so I may give you a detailed response.

Of course there is never a charge for this call.

Call me at 1-800-275-2529 (1-800-Ask-A-Lawyer)

Thank you,

David Kremin

David K. Kremin& Associates P.C.

Click here for immediate information

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Answered on 4/16/03, 6:22 am

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