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Chicago Insurance Claims Attorneys
Helping Illinois plaintiffs negotiate with insurance adjustors and try jury cases when insurance companies are unreasonable
In most personal injury cases, it is not the person or business that caused the accident who writes you a check for the damages. It is the insurance company for that person or business that pays. Car owners in Illinois are required to have minimal insurance coverage in case an accident occurs. Most homeowners and business owners have premises liability insurance to cover the cost of any settlement or verdict. Doctors and health care providers carry medical malpractice insurance. Most businesses have some form of general liability insurance to pay for any kind of harm they cause.
At Gainsberg Injury and Accident Lawyers, our Chicago insurance claims lawyers understand insurance law and insurance litigation. When an accident happens, we inform the injured person that they should not settle with any insurance companies that contact them. It is much better to have an experienced negotiator handle the negotiation process. Cases should not be settled until the person hurt knows the full extent of their injuries. A skilled lawyer understands what the case is worth, what first offer to make, and when to reduce any offers.
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What is a third-party insurance claim?
In legal language:
- The first party, also called the insured, is the car owner, homeowner, business or professional who wants to make sure they have enough money to pay damages if someone else is injured.
- The second party is the insurance company that the insured contracts with. The insured pays the insurance company monthly or regular premiums in return for the pledge by the insurance company to pay any valid claims.
- The third party is the person who is hurt, or in death cases, it is the family or beneficiaries of the person who is killed.
Third party claimants usually demand the following payments when the first party causes them harm:
- All medical bills. This payment includes all necessary hospital stays, doctor visits, medications, and medical devices the injured person needed or may need.
- Property damage. If personal property, such as a vehicle, is damaged in an accident, the victim can ask to be compensated.
- All lost income. Typically, this means lost salary, lost wages, or lost self-employment income.
- Pain and suffering. This sum is for the physical anguish and emotional anxiety the injured person suffers on a daily basis.
In wrongful death cases, the damages include the loss of financial support and the loss of emotional support the deceased would have given to family members.
Our Chicago insurance claim lawyers demand all the damages the law allows when someone else is liable for your injuries.
$91,000+ Order for Injury Victim Whose Claim Was Wrongfully Denied by Unique Insurance Company
April 5, 2017, a judge awarded more than $90,000 to our client after his insurer, Unique Insurance Company, wrongfully denied his claim. Our client sustained bodily injury in an accident with an uninsured driver. His personal injury damages, medical bills, pain and suffering – the original claim – did not exceed the $20,000 policy limits. The insurer for the at-fault party denied coverage for non-cooperation. Unique Insurance Company, therefore, was contractually bound to honor the claim. Instead, contrary to IL law, Unique insisted we had the burden to sue the insurer for the at-fault party and provide non-coverage. The court awarded our client the full amount of the attorneys’ fees, as well as $60,0000 in sanctions against Unique Insurance Company for violating section 155 of the Illinois Insurance Code, and acting unreasonable and vexatious in responding to an uninsured motorist claim. [Final Order]
Common types of insurance policy disputes we handle
Our Chicago insurance claims lawyers are ready to legally force the insurance company to meet its obligations. We bring lawsuits in the following types of actions:
- Car and other accidents. When accidents happen, there are two basic types of claims – first party and third party. In first-party claims, the insured seeks to have his/her own company pay benefits. In third-party claims, the insured seeks to have the insurance company for the person who caused the accident to pay. If, for example, you suffered an accident worth $100,000 and the person that crashed into you only had $30,000 in coverage, then we work to get that $30,000 third-party claim paid and then to get your own company to pay the balance through the underinsured coverage on your policy.
- Personal injury. Many accidents that injure or kill people are due to reasons other than a vehicle accident. Personal injury can occur because someone didn’t keep their property safe, because of medical malpractice, due to defective product design, nursing home abuse, or a variety of reasons. In most personal injury actions, after we settle the case or obtain a verdict, we seek payment from the insurance company that covered the person or entity at fault.
- Medical malpractice. Doctors in Illinois who injure a patient because of an improper diagnosis, failure to perform the correct procedure, failure to get an informed consent, or other medical error and required to pay for their medical malpractice. Doctors should have medical malpractice insurance to cover the cost of the pain and suffering, additional medical procedures, and lost income the cause.
- Life insurance. Insurance policies have two main provisions — payment of a preset amount on death and a designation of beneficiaries. Disputes resolve around how the person died, whether the premiums were paid, which beneficiaries are entitled to the proceeds, and other matters. The person who dies is the first-party. The beneficiaries who are making the claims are the third-parties.
Speak with a skilled Chicago insurance attorney to get prompt and full payment of your claim
When it comes to insurance claims, being represented by a Chicago lawyer who focuses on working with insurance companies can make it much easier to settle any claim disputes that may arise. At Gainsberg Injury and Accident Lawyers, our Chicago insurance lawyers will review your claims and advise you of your legal rights under your policy. We are fully prepared to help in litigating any disputes involving insurance claims. Please contact us at 312-600-9585 or through our contact form to get answers now.
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