Blog
Barrington personal injury attorney, Barrington divorce lawyer

847-381-8700

Personalized Legal Services in
Barrington and Schaumburg, Illinois

Search
Facebook Twitter YouTube LinkedIn
Divorce &
Family Law
Personal
Injury
Business
Law
Real Estate
Law
Wills, Trusts
& Probate
General Civil
Litigation
Elder
Law

Recovering Missed Pay in Personal Injury LawsuitBeing injured in an accident can cost you more than what you must pay for medical treatment. Suffering a debilitating injury may require you to miss time from work while you recover. When you return to work, you may be limited in the tasks you can perform or the hours you can work. Your employer has no obligation to compensate you if your injury occurred outside of your work. You will need to include your compensation for lost wages as part of your personal injury lawsuit.

Time Off

A person who is recuperating from a serious injury may miss weeks or months worth of work days. The time off may include:

  • The initial medical treatment and recovery period;
  • Time in physical therapy to regain strength; and
  • Follow-up appointments with doctors and physical therapists after the patient returns to work.

Depending on your employee benefits, you may not be paid or may receive reduced pay for the days that you miss. Contract workers have no means of recovering the money they lost for time off. Your personal injury compensation can include the pay you did not receive because you were unable to work. Even if vacation or sick days covered some of your time off, you are still entitled to the value of that time off in your lawsuit. Illinois courts will not allow a liable party in a personal injury case to get away with paying less because the plaintiff has insurance and employee benefits.

...

Avoid Talking to Insurance Companies Before Your Personal Injury AttorneyThe initial conversations you have with an insurance company after an injury can determine how much the company will cover your health expenses. The goal of an insurance adjuster is to get you to admit fault or downplay your injuries so that the company can save money. That is why the insurance company may contact you immediately after a vehicle accident or other injury when you are least prepared to talk to them. There are several reasons why you should not conduct a recorded interview with an insurance adjuster without consulting your personal injury attorney:

  1. Delayed Symptoms: If an insurance adjuster calls you the day of your accident, you may honestly answer that you do not feel injured. However, you may not notice some of your injuries until a couple of days after the incident. Once the adjuster has your statement on record, the insurance company can use it against you when determining your claim.
  2. Lack of Information: Even when you know you have been hurt after an accident, you will not know the full extent of your injuries until seeing a medical professional. You should not speculate about your injuries because your statement may contradict your official diagnosis.
  3. No Condition to Talk: Insurance adjusters contact you as soon as they can after an accident because they know you are vulnerable. You have just been through a traumatic experience that may prevent you from thinking clearly. You do not want to be held accountable for statements you made when you were upset or exhausted.
  4. Letting Your Guard Down: Many insurance adjusters come off as being personable and sympathetic during conversations. Friendliness is a tactic to get you to feel comfortable talking to them. With your guard down, you may inadvertently admit to fault in the accident or inaccurately portray your physical health.

Dealing with Insurance Companies

An insurance adjuster may try to pressure you into giving an immediate statement, saying that it is needed to start your claim. However, it is more important for your claim to accurately cover your medical needs than be expedient. The insurance adjuster cannot force you to say anything or record you without your permission. You can respond to immediate phone calls by saying that you need time to consult with your attorney before making any official statements that may affect your claim. A Barrington, Illinois, personal injury attorney at Joseph M. Lucas & Associates, LLC, can advise you on what you should tell an insurance company to make sure you receive the coverage you need. Schedule an appointment by calling 847-381-8700.

...

How Comparative Fault Affects Personal Injury CasesObtaining compensation in a personal injury case relies upon proving the defendant’s negligence. Illinois law defines negligence as failing to act in a manner that a reasonably careful person would or acting in a manner that a reasonably careful person would not. However, both sides can be negligent in a personal injury case. The idea of shared blame is often called comparative fault. If a jury decides that a plaintiff's negligence partially caused his or her injuries, it may award reduced damages or no damages at all.

Comparative Fault

A jury in a personal injury case must first determine whether the defendant is at fault for the plaintiff's injury. If the jury rules in favor of the plaintiff, it moves on to determining how much compensation is owed and whether there was comparative fault by the plaintiff. Illinois law instructs the jury to quantify the plaintiff’s share of the responsibility for the injuries in terms of a percentage:

...
Avvo Profile Lake County Bar Association Illinois State Bar Association Northwest Suburban Bar Association
Back to Top