Legal Question in Personal Injury in Illinois

Re: Liability

In Illinois, you are entitled claim as part of your damages: wage loss, all bills for reasonable and necessary medical care, any future necessary medical care, any property damage, any and all out of pocket expenses, loss of normal life and pain and suffering.

I do not know who has advised you that you are not entitled to all that. Of course if the insurance coverage is only $20,000 (for examples) and your medical bills exceeds that amount, then the insurance will only pay the $20k. You can get a judgment against the person who was at fault for whatever a jury gives you--BUT, first, you have to take the case to trial (which takes anywhere from 1 to 3 years) and then get a judgment that may or may not be collectible. At that time, the insurance company will probably pay only the $20k limits and let's say you have a judgment for $50k. You will have to go and try to collect the $30k from the defendant himself. If he has nothing there is nothing for you to get. If he has something, it will take many trips to the court and many attorney hours to get perhaps 60 cents on the dollar.

Practically speaking, unless you have some sort of a very serious injury and you know the defendant has money it is simply not worth pursuing the defendant personally. Remember, there is always the bankruptcy option where the entire judgment can be eliminated...

I hope this helps,

Taradji Law Offices

Re: Liability

Dear Sirs:

You can seek an excess judgement but carrier will typically not be liable unless it fails to timely tender its policy limit.

Please call to discuss.

Sincerely,

John C. Wunsch