135 S. LaSalle St., Ste. 2200 Chicago, IL 60603
3550 Hobson Rd., Ste. 403 Woodridge, IL 60517
312-663-7016 | www.shannonlawgroup.com Text: 312-847-2428 MAY 2021
COMING SOON: ‘HOW TO SETTLE YOUR OWN AUTO ACCIDENT CLAIM’
Every week, we receive calls from people who have been injured in car crashes. Because most of these cases involve just property damage, we were unable to help these folks — until now. For these cases, we want people to have access to information on how to settle their claim without an attorney. We usually limit our representation to cases where we would try the case in a court of law. But we still wanted to provide a resource to people who we are not able to help. That’s why we wrote a book called “How to Settle Your Own Auto Accident Claim in Illinois.” This book helps folks settle their case without a lawyer.
taxes to support our court system. They deserve to use this dispute resolution system to resolve their claim. The purpose of this book is to help these folks determine whether or not they need an attorney for their case. We wanted to give critical information to help people in our community recover what’s fair and reasonable for their auto accident claim — not some arbitrary number the insurance adjuster gives them. In this book, we discuss what to do after an accident; who pays for medical bills following a crash; how to negotiate a fair settlement with an insurance adjuster; what to do if you’re unable to settle a case on your own; and more. Our sixth published book will be available this summer. Our other books educate people on transportation law, truck accident cases, mesothelioma, car emergencies, and vaccine injuries. (Check out the rest of our publications at ShannonLawGroup. com! Digital and print copies are available. Text “BOOKS” to 312- 847-2428 for more information.) Want a copy as soon as this book releases? Just text “SETTLE” to 312-847-2428, and we’ll send a copy to you when they arrive this summer. I want to acknowledge our law clerk, Ashleigh Zurek, for all her hard work and unique contribution to this project. Ashleigh wanted to help people handle cases when they don’t need a lawyer and kept this project on time so we could get it published. During her young career, Ashleigh has always held down jobs while attending high school and college. In true Ashleigh form, she helped draft the manuscript while she was working full time and attending law school. Thank you, Ashleigh!
So, why would a personal injury attorney with over 30 years of experience write a book that helps people settle their own personal injury cases? Doesn’t that seem counterintuitive? Fortunately, in a lot of small car accident cases, one doesn’t need to have spent years in law school to have the knowledge to settle the case on their own. Folks injured in car accidents have paid a LOT of money in
Grateful to serve you,
– Joseph Shannon
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W hat H appens A fter F iling a W orkers ’ C ompensation C laim ?
After a work injury, it can be frustrating not knowing what comes next after filing a workers’ compensation claim. For over 30 years, I have represented injured workers in Illinois. In general, here’s what to expect after filing a workers’ compensation claim. Once a claim is filed with the Illinois Workers’ Compensation Commission (IWCC), the IWCC issues a notice to the employer that the claim has been filed. This notice formalizes what most employers often already know, since at this point, most employees have already reported their work-related injuries to their employer and their employer has reported the claim(s) to their workers’ compensation insurance carrier. Every employer in the state of Illinois is required to have workers’ compensation insurance (there are a few very small exceptions to that rule). If an injured worker hires an attorney, the attorney representing the injured worker seldom meets any representative of the employer. Claims are handled through insurance adjusters, claims examiners, or attorneys hired by the employer’s workers’ compensation insurance carrier.
During the time the injured worker is off work, they should receive two-thirds of their wages tax-free, the right to see two doctors of their own choosing (and any physicians to whom those doctors refer them), and payment of the medical bills incurred during these medical visits. From the moment the employer reports the work-related injury to their insurance carrier, there are professionals at work representing the interests of the insurance company and the employer. Hiring an attorney to file your claim merely levels the playing field, as the injured worker now has an informed advocate assuring that they can exercise all the rights that they’re entitled to.
If you or someone you know has been injured at work and is unsure if they’re receiving the benefits they need, feel free to contact us. We’re happy to help them navigate their claim.
– Jack Cannon
What Are Third-Party Bad Faith Insurance Claims?
Third-party bad faith insurance claims happen when a policyholder is sued by another party, and their insurance company steps in to defend them. While defending the policyholder in the lawsuit, the insurer must act in their insured’s best interests. However, if it fails to do so, the insurance company may expose their policyholder’s personal assets. Here’s an example that we’ve seen before. Let’s say Mary (the policyholder) blows through a stop sign in Chicago and hits Bob. Bob is transported to the hospital, where he’s admitted and undergoes surgery. He endures months of physical therapy. Soon after, Bob files a lawsuit in Cook County and names Mary as the defendant. The plaintiff (Bob) offers to settle the car accident lawsuit for Mary’s policy limit of $300,000. Bob has over $500,000 in medical bills and will never walk again. However, Mary’s insurance company outright refuses to respond to the plaintiff’s reasonable offer of compromise. Instead, it delays settlement and waits for the other party to offer to settle for less than the policy limit. Before long, the lawsuit ends up in front of a Chicago jury. The jury listens to both sides as witnesses and experts take the stand. Ultimately, the jury awards the plaintiff $1.25 million in monetary compensation for the damages he sustained as a result of the collision.
However, this award exceeds Mary’s policy limits of $300,000. Her personal assets have just been exposed. In this situation, Mary has the right to pursue a “failure-to-settle” bad faith insurance claim for the amount of the excess verdict. Her insurance company failed to settle the case before trial, despite the fact that the plaintiff’s medical bills exceeded the amount of her policy limits. In short, Mary’s insurer failed to protect her financial assets. Assignment of a Bad Faith Claim in Illinois Only a few states in America allow an injured third-party victim to file a bad faith lawsuit against the defendant’s insurance company. In Illinois, the policyholder can “assign” (or transfer) their right to pursue action against their insurance provider to the injured party. In the example above, Mary (the policyholder) would exchange her rights to a bad faith claim with Bob the plaintiff as long as Bob agrees not to execute judgment against Mary’s assets. This assignment can happen by a voluntary agreement between Mary and Bob. It can also be compelled by the court.
After the assignment is complete, Mary (the third-party and injured driver) can now pursue a bad faith claim against Bob’s insurance company.
– Patrick Anderson
2 www.shannonlawgroup.com
HOW COURTS DETERMINE WHETHER SOMEONE HAS A WRONGFUL DEATH CLAIM
In Illinois and across the United States, wrongful death lawsuits are filed every year.
Close family members can bring wrongful death claims against a person, corporation, and/or government body that may be liable for their loved one’s death. Every state has wrongful death laws specifying who can file a claim, how long you have to file a lawsuit, etc. In this section, we’ll discuss the wrongful death regulations in Illinois. If you live in a different state, these laws will vary. There are two Illinois laws you should know about: the Illinois Wrongful Death Act and the Illinois Survival Act. What is the Illinois Wrongful Death Act? The Illinois Wrongful Death Act (740 ILCS 180/1) grants the victims’ survivors the right to pursue compensation in the court of law from any and all parties whose negligence contributed to the death of their loved one(s). Survivors may include spouses, children, parents, or the next of kin. So, how does the court determine whether someone has a wrongful death claim? Here’s a question to consider: If their loved one had survived the accident or procedure, would they have been seriously injured,
giving them the right to pursue a personal injury lawsuit? If the answer is yes, then that person may have a wrongful death claim. What is the Illinois Survival Act? Similar to the Wrongful Death Act, the Illinois Survival Act allows the victims’ estates to recover economic and noneconomic damages sustained between the time of injury and the moment of death. For example, let’s say a person was seriously injured in a truck accident and later passed away at a hospital. Under the Illinois Survival Act, their family may pursue additional damages from the defendants for their loved one’s suffering from the time of the crash to the moment they died.
If you’d like to learn more about personal injury lawsuits and how they work in Illinois, visit our website at ShannonLawGroup.com.
This month’s giveaway is a terrific one! Bert Rodriguez at Route 53 Touch-Free Car Wash in Lisle offers one of the best car detail packages around. (Joe knows … he’s used the service and it is amazing!) The 5-star full detail costs $259 for a full-size vehicle. The winner will receive the full 5-star treatment for their car. Text “DETAIL” to 312-847-2428 to enter. The giveaway ends on May 31, 2021, so don’t delay! NEED A CAR DETAILING? YOUR NEXT ONE COULD BE ON US!
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Phone: 312-663-7016 Text: 312-847-2428 www.shannonlawgroup.com
135 S. LASALLE ST., STE. 2200 CHICAGO, IL 60603
INSIDE THIS ISSUE
Coming Soon: How to Settle Your Own Auto Accident Claim in Illinois What Happens After Filing a Workers’ Compensation Claim? What Are Third-Party Bad Faith Insurance Claims? How Courts Determine Whether Someone Has a Wrongful Death Claim
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SUDOKU
PHOTO OF THE MONTH
Joe Shannon and his parents, Tom and JoAnne, at his Notre Dame Law School graduation in 1988.
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