In this article, highly experienced personal injury lawyer Steven Jacobson explains the challenges that injured parties face. He explains how to negotiate with insurers in a way that serves their clients’ interests.
How common are car accidents in your jurisdiction and what impact have you seen on your clients’ lives?
Illinois’ most recent statistics show that over 300,000 crashes were reported, resulting in close to 90,000. It is not true that every accident causes injury. But it only takes one accident, one vehicle or one distracted driver for your life to be forever changed. These accidents have left a lasting impact on our clients. When I discuss claims with clients, it always makes me realize how fragile we all are. Someone’s inattention or aggressive driving could change someone’s life forever.
We have seen clients’ lives turned upside down by injuries, whether they were in a big accident or a small one. Injury does not need to be severe to affect a person’s daily life. A broken ankle prevents you from picking up your child or playing with them, which is what they really want. Even mundane tasks, such as getting ready in the morning or taking a bath, can become a challenge and a source of frustration. This can have a negative impact on marriages, savings and jobs.
What are the financial implications of a car accident for a victim?
Financial worries are the most common. These include paying for medical bills and everyday expenses, such as rent, car payments or mortgages. We have defended clients against being evicted due to their inability to work, and then falling behind on their rent.
In films and TV shows, injured people are often portrayed as caricatures of someone who is either exaggerating or faking their injuries. They are usually sitting in an attorney’s office wearing a neck brace and trying to get paid. They should show the person who is at home and wants to return to work but can’t because of a recent surgery to repair their broken leg. The person should be shown in a state of fear as the medical bills exceed $100,000 and their landlord tapes an eviction order to their door.
Illinois’ most recent statistics show that over 300,000 crashes were reported, with nearly 90,000 injuries.
Some clients, particularly those with families, have returned to work half way through their physical therapy. Financial constraints often prevent clients from completing their recovery. Injury and inability to earn a living puts a strain on not only the client but also their family. Insurance companies are well aware of this. Insurance companies often take a long time to resolve injury claims, hoping that the injured victim will accept a low settlement out of desperation. Insurance companies often take months to review medical bills, and when they finally do, they offer ridiculously low sums, based on their own estimation of the cost. Hospitals, doctors, and collection agencies don’t care what other people think is reasonable.
This is often done by insurance companies to save money and pressure clients into accepting a much lower settlement than their actual claim value. Clients often come to us with the following first words: I never wanted to hire an attorney, but thought that insurance would cover everything. But after an initial phone call, where insurance companies promise they will pay all medical bills and repair any car damage, sometimes, insurance companies stop communicating. Our firm is committed to resolving cases as quickly and efficiently as possible, while also securing maximum compensation for clients.
What are the most important factors to consider when negotiating with an insurance company?
Insurance companies may tell you they’ll take care of everything, but they aren’t on your side. As I mentioned earlier, I remind my clients that insurance companies are businesses. They want to make money for themselves or their owners. This is best achieved by either not paying out claims or paying a significant amount less than what the claim really is. I tell my clients that I would lose my job if the insurance companies delivered half of what they promised. Unfortunately, insurance companies are only concerned with one thing: the bottom line.
Insurance companies may ask you to fill out a form in which they ask a series of questions regarding the accident and any injuries. According to studies, most people will minimize their injuries when speaking to strangers because they don’t want to appear as complainers. The insurance adjuster is then motivated to obtain a statement as soon as possible from the injured party. They will use the information against you if you are not properly defended.
Injury and inability to perform work strains not only the client but also their family. Insurance companies are aware of this dirty truth.
Insurance companies today will tell injured parties that they will cover all medical expenses related to the incident, and will send them an agreement to sign. The insurance adjuster won’t tell the injured party that they have the right to refuse payments for any expenses they consider unreasonable or unnecessary. Do not sign any agreement with an insurer unless it has been reviewed by a lawyer who specializes in injury law. Insurance companies employ hundreds of attorneys, but they spend millions on advertising to tell you that you don’t need an attorney for your injury claim. This is unfair to us. A lawyer who is aggressive and will fight for what’s best for your family can level the playing fields.
How can a qualified attorney make the process of filing a claim for an auto accident as easy as possible for the victim?
The health of the injured person is paramount. Recovery can be a long, difficult and frustrating process. You feel as if you’re taking one step forward but you actually take two. You are already dealing with your physical condition and the emotional stress of not being able to perform the same activities as you did before. The last thing you need is to have to deal with an insurance company that is trying to take advantage. We tell our clients to first focus on their own health and that we will handle everything else.
In addition to keeping the insurance company informed about your progress, the attorney will also ensure that your bills and records are sent to the insurance, and demand the maximum compensation. If your insurance company refuses to pay for the full value of the claim, you should file a lawsuit, hire experts as needed, and keep the case moving. It is sometimes necessary to take quick action to preserve evidence. For example, obtaining footage from red light cameras or hiring an accident reconstruction expert when it is unclear who was at fault. Knowing what to do and when is the most important skill.
What can a qualified auto accident lawyer do to protect their client’s interests and health following an accident?
Get the treatment and medical care you need! If injuries are treated promptly and properly, they will have no lasting effects. Money will not make someone feel better about a serious injury that can last a lifetime, particularly if it was something they could have addressed. The client must ensure they get the treatment needed to recover fully. The attorney must ensure that the client is aware that the bill will be paid, no matter how much it costs or what treatment was required.
Do not sign any agreement with an insurer unless it has been reviewed by a lawyer who specializes in injury law.
Some people will not seek treatment until they are in such pain that they can no longer function. Insurance companies and their lawyers often take this to mean that the pain was not as bad because the patient did not rush to the emergency department immediately after the incident. When this topic is brought up, I say to clients: Do whatever it takes to get healthy. My job is to make sure that insurance covers what you’re going through.
What advice would you give to less experienced attorneys about how they can provide the best support possible for their clients?
I would advise less experienced lawyers to put their clients first and not focus on their bottom line. We have grown our clientele over the years because we spend extra time with them and do what’s in their best interests. You have done well if the client can walk away from a terrible time in their life happy with how you represented them.
I would also like to remind all attorneys in the industry that they should not be afraid of insurance companies. No matter what the obstacle, you must always protect your client’s interests. Insurance companies often settle cases for less than the full value because other lawyers are not willing to spend time and money to go to trial .
What is the procedure for handling fall cases and premise liability in your jurisdiction? And what advice would give to someone involved in a falling accident?
In general, the law requires that property owners take reasonable measures to maintain their property in a safe condition for guests and business guests. The law also requires people to take care of their own safety while on the property. There are also a number of exceptions that provide extra protection to property owners in the case of open and obvious hazards. A large hole in the middle a sidewalk is an example of this because the law assumes that someone who pays attention would notice it. Injuries on property do not guarantee compensation.
In Illinois, property owners are not responsible for injuries that occur due to natural accumulations of snow or ice. If a driveway or sidewalk is not properly maintained and because of defects or damage, the water from melting the snow pools and re-freezes, the ice can be reclassified and an injury claim could be filed.
If a tenant falls down the stairs of an apartment complex, the fault is not always the landlord. If the stairs do not meet architectural and safety standards, for example, they are uneven, have poor lighting or lack handrails or are damaged, it is possible to file a claim. Most slips, trips, and falls occur in parking lots. They also happen at grocery stores, restaurants and sidewalks. Many factors determine whether or not you can make a claim due to your injuries caused by an unsafe condition.
I always advise anyone who is involved in a falling accident to take pictures of the area. If there are any witnesses, you should also get their phone numbers and emails. Ask a relative or friend to take photos if you can’t because you’re in an emergency room. Pictures are not only evidence but can also be used by the attorney reviewing them to determine if there is any legal action. Snow and ice can melt, and a crack can be repaired in a parking area. The importance of time is never underestimated.
Steven Jacobson, Partner
Law Offices of Jacobson & Tchernev
5201 N Harlem Ave Floor 2 Chicago, IL 60656, USA
Tel: +1 312-669-4441
Fax: +1 708-667-0452
Steven Jacobsonis a founder partner of Jacobson & Tchernev, and a prolific attorney for personal injury. Steven Jacobson clerked at several large Chicago law offices before founding his client-focused firm in 2011. He has been recognized by Million Dollar Advocates, and has appeared among the National Trial Lawyers’ top 100 trial lawyers as well as the National Association of Distinguished Counsel’s top 1%.
The Law Offices of Jacobson & Tchernevis a law firm that specializes in personal injury. It was founded by Steven Jacobson & Ivo Tchernev, who placed client communication and well-being as their top priorities. The firm’s primary practice is car and truck accident, slip and fall and other accidents causing injury. They take pride in helping clients understand every aspect of their case. Jacobson & Tchernev has taken over 100 cases to court and recovered more than $35 million for their clients.