What Has come to be of the Small Personal Injury Case?

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As a Chicago Personal Injury Attorney practicing in this field for more than 35 years, I have handled just about every type and size of case imaginable. They include: curative Malpractice, Birth Injury, Nursing Home Malpractice,Brain Injury, Spinal Cord Injury, Wrongful Death, stock Liability/Defective dangerous Products, Automotive stock Defects, Wheel Explosions/Multi-Piece Rim Explosions and Lock Ring Separations throughout the United States, Tire Defects, Explosions and Tire Belt Separations Throughout the United States, Suv Rollover Accidents, Car Accidents, Truck Accidents, bicycle Accidents, Cta, Metra, Amtrak Accidents, Injuries at Work, construction Accidents, Premises Liability.

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Obviously, the most base of all injury cases remains the uncomplicated truck or automobile accident. Two vehicles collide and a person is injured to some extent. The victim may visit an accident room where they are diagnosed with what is commonly referred to as "soft tissue injuries". This phrase means that there are no broken bones or torn tissues, that wish surgical repair. They may have some bumps and bruises but diminutive other graphic injuries. Supervene up care may or may not occur but if it does it commonly is with a chiropractic doctor or a corporeal therapy facility. In a relatively short period of time the injured person is back to work and in good health.

These individuals often feel that they should be compensated for their injuries, pain, suffering and lost wages from work. They pick up the telephone and experience a personal injury attorney to deal with their claim. Now the qoute begins.

25 years ago these types of cases were for real resolved in a short period of time without filing a lawsuit. The Chicago personal injury attorney obtained copies of the client's curative records, bills and lost wages. The claim was submitted to the at fault parties liability guarnatee company. A claims adjuster then contacted the attorney and after a few telephone calls an agreed hamlet brought the matter to a close. The attorney was happy because he did not have to incur the time and cost of a lawsuit. The client was equally pleased as he or she received prompt cheap compensation. Unfortunately, this uncomplicated process has disappeared and will probably never return.

You might ask yourself what happened? The uncomplicated talk is that a few substandard automobile liability guarnatee associates changed it all. In Chicago these guarnatee associates typically supply minimal liability coverage to individuals with poor driving records for which the firm charging a hefty premium. The associates also declare "in house" or captive law firms to defend its insured in the event of a lawsuit. Through the combined attempt of the guarnatee associates and law firms they never resolve a claim before suit and if in suit on the day the jury trial is about to commence.

The foregoing custom soldiery the victims of a small personal injury claim to hire an attorney and file a lawsuit against the responsible party. Depositions are taken at great cost including the testimony of physicians that command fees of ,000 to ,500. The net Supervene is to chill both the injured and the attorneys who relate them from production a claim or filing suit. The cost of prosecuting the case is time and cost prohibitive. In other words, would you spend ,000 and expend 2 years of your time with the possibility of recovering ,000? The clear talk is no.

Slowly but for real this custom was adopted by most of the guarnatee associates to a point where it is impossible to resolve any case without a lawsuit and protracted litigation. The courts have done nothing to combat this custom by the simplification of rules or binding arbitration. Secondly, it continues to allow the guarnatee associates to effectively custom law by dummy law firms staffed with salaried attorneys prepared to defend every lawsuit. To level the playing field the guarnatee associates should not be permitted to custom law but rather hire independent attorneys from incommunicable law firms to defend the interests of its insureds. Each side would then be subjected to the same time and cost creating an incentive to resolve cases at an early stage.

The State of Illinois, branch of guarnatee is also guilty of not forcing the guarnatee associates to resolve valid claims without suit or field themselves to sanctions. The associates continue to make narrative profits while the individuals go without fair payment for their injuries.

Unfortunately, until the courts place the parties on equal footing the small personal injury case has effectively been declared dead in Chicago and the State of Illinois.

Rick Grossman

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