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When You File a Lawsuit, It’s the Insurance Company that PaysThere are three parts to every legal claim for personal injury damages. Part one is showing that someone else, such as a driver, caused your accident. Part two is making a demand for damages for your medical bills, lost income, pain and suffering, and other financial and intangible damages. Those two parts give you a right to payment. The way you get paid is through part three – the insurance companies for the defendants send you a check.

Why you deserve compensation for accidents caused by others

If someone or some company caused your injuries, you are going to have a lot of expenses to get the medical care you need. If the injuries are even moderately serious, you likely won’t be able to work. While you’re out of work you’ll still owe your mortgage. You’ll still have to feed your family. Your car payments will still be due.

Every injury causes some physician pain and emotional anxiety. Even a simple arm fracture can mean you itch like crazy, you can’t sleep because you can’t rotate on your arm, and you can’t play catch with your child. You need to be compensated for your losses in order to survive. You need to be compensated for your pain and suffering in order to have a chance of smiling again.

What happens when you file a lawsuit?

If a driver was speeding, if you fell on your neighbor’s property because they didn’t remove the snow, or if you suffer from medical disorder because your doctor made an improper diagnosis – you have the right to hold these people accountable.

Accountability isn’t as personal as you think. Many accident victims worry that filing an insurance claim or lawsuit will cause the wrongdoers to suffer unbearably. They won’t. In most cases the defendant will contact their insurance company and let them know they caused or were involved in an accident. As soon as the insurance company is notified, the insurance company will take over the claim. The insurance company will:

  • Send out investigators to determine what happened.
  • Evaluate the merits of your claim.
  • Will negotiate with your lawyer to try to work out a settlement. Many accident cases do settle – which means the driver who struck you, your neighbor, your personal physician will never have to appear in court.
  • Arrange for a lawyer for the defendant if the case can’t be settled.

Both you and the defendant(s) have the right to submit written questions to each other. These questions are answered with your lawyer’s assistance. There’s no direct confrontation by you of the defendant.

Each side also has the right to ask oral questions. These questions do take place in a room where you, the defendant, the lawyers, and a court stenographer are present. Nobody else is usually in the room, so the questions and answers usually proceed fairly quickly.

Many personal injury cases settle before the trial. The settlement is paid by the insurance carrier and not out of the defendant’s own pockets. The defendant’s only expense is normally just the premiums they paid – just like you pay premiums in order to drive your car.

Keep in mind one other important fact: a settlement or jury verdict doesn’t just help you. If a driver was speeding, driving while distracted, or driving while drunk – the recovery is needed to send a message that your neighbor or member of your community needs to be more careful. Negligence does kill. Careless driving does cause a lot of physical and emotional pain.

At Gainsberg Law P.C., we guide clients through each phase of the litigation process. Often, we are able to settle your case with your insurance company. If the case proceeds to trial, we explain how he discovery process works and what you should expect at the trial. Our goal is to maximize the amount of compensation you receive for your pain and suffering, medical bills, lost wages, and other recoverable damages. To speak with a highly respected Chicago car accident lawyer, call us at 312.600.9585 or fill out our contact form to schedule an appointment.