As a Chicago Personal Injury Attorney practicing in this field in excess of 35 years, I have handled almost every type and size of case imaginable. They include: Medical Malpractice, Birth Injury, Nursing Home Malpractice,Brain Injury, Spinal Cord Injury, Wrongful Death, Product Liability/Defective Dangerous Products, Automotive Product Defects, Wheel Explosions/Multi-Piece Rim Explosions and Lock Ring Separations through the entire United States, Tire Defects, Explosions and Tire Belt Separations Throughout the United States, SUV Rollover Accidents, Car Accidents, Truck Accidents, Motorcycle Accidents, CTA, METRA, AMTRAK Accidents, Injuries at Work, Construction Accidents, Premises Liability.
Obviously, the most typical of injury cases remains the simple truck or crash. Two vehicles collide plus a person is injured to some degree. The victim may visit an urgent situation room where they’re diagnosed with what is commonly referred to as “soft tissue injuries”. This phrase means that there won’t be any broken bones or torn tissues, that require surgical repair. They may have some bumps and bruises but little other visible injuries. Follow up care may or may not occur but when it lets you do it usually has been a chiropractic physician or even a physical rehabilitation facility. In a relatively short time the injured body’s back to work and in good health.
These individuals often think they should be compensated for his or her injuries, pain, suffering and lost wages from work. They pick up the product and speak to a personal injury attorney to take care of their claim. Now the problem begins.
25 years ago these types of cases were easily resolved in the short time without filing a case. The Chicago personal injury lawyer obtained copies of the client’s medical records, bills and lost wages. The claim was listed in the in the wrong parties liability insurance company. A claims adjuster then contacted the attorney and after a few calls an agreed settlement brought the difficulty to some close. The attorney was happy while he was without to incur time and worth of case. The client was equally pleased as they or she received prompt reasonable compensation. Unfortunately, this simple process has disappeared and will probably never return.
You might contemplate what actually transpired, The simple fact is that the few substandard automobile liability insurance firms changed all this. In Chicago these insurance firms typically provide minimal liability coverage to individuals with poor driving records for which the company charging a hefty premium. The companies also maintain “in house” or captive lawyers to defend its insured in the event of a lawsuit. Through the combined effort in the insurance agencies and law offices they never settle an insurance claim before suit and if in suit on the day the jury trial is going to commence.
The foregoing practice forces the victims of an small accidental injury claim to hire a lawyer and file a lawsuit contrary to the responsible party. Depositions are taken at great expense such as the testimony of physicians that command fees of $1,000 to $2,500. The net effect is always to chill both the injured and also the attorneys who represent them from making a claim or filing suit. The worth of prosecuting true is time and value prohibitive. In other words, can you spend $3,000 and expend 24 months of your time while using chance for recovering $4,000, The obvious fact is no.
Slowly but surely this practice was implemented by most from the insurance agencies to your point where it’s impossible to be in any case without a case and protracted litigation. The courts did not even attempt to combat this practice by the simplification of rules or binding arbitration. Secondly, it will continue to enable the insurance firms to effectively practice law by dummy attorneys staffed with salaried attorneys prepared to defend every lawsuit. To level the game the insurance companies shouldn’t be permitted to practice law but rather hire independent attorneys from private law offices to guard the interests of the company’s insureds. Each side would then be subjected to the same time frame and expense creating an incentive to stay cases in an initial phase.
The State of Illinois, Department of Insurance is also responsible for not forcing the insurance firms to stay valid claims without suit or subject themselves to sanctions. The companies keep record profits as the individuals go without fair compensation for his or her injuries.
Unfortunately, prior to the courts put the parties on equal footing the small accidental injury case has effectively been declared dead in Chicago and also the State of Illinois.