Frequently Asked Questions:
Why do personal injury cases take so long to settle in Illinois?
The most common reason is that the case hasn't reached maximum medical improvement - meaning you're still treating and the full extent of your injuries isn't yet known. Settling before MMI almost always means leaving money on the table on future medical care and permanent disability. Other reasons: gathering all medical records takes time, insurance companies deliberately delay, litigation discovery takes months, and court dockets are backed up. A case taking one to two years isn't unusual. The question is whether the delay is justified or whether your attorney is simply being unresponsive.
How do I know if my personal injury attorney is actually working on my case?
You should receive regular updates - at minimum a response within a reasonable time to your questions. Your attorney should be able to tell you at any point what stage your case is in, what's been done, and what the next steps are. If you can't get a return call or email, if you don't know who is actually handling your file, or if months go by with no communication, those are red flags. I keep clients informed throughout the process. You always know where things stand.
At what point should I consider switching attorneys during my personal injury case?
If your attorney is genuinely unresponsive over a sustained period, if you've been given a lowball settlement recommendation with no explanation of why, if you discover your case was referred to another firm without your knowledge, or if you simply have lost confidence in the representation, those warrant a conversation about your options. Switching attorneys is possible mid-case but has implications. Call me for a candid second opinion at 312-500-4500 - I'll tell you honestly whether your concerns are warranted.
Is my personal injury case taking longer than it should?
Some cases have legitimate reasons for taking longer - ongoing treatment, disputed liability, complex damages, backed-up court dockets. Others drag on because of attorney inattention or poor case management. The benchmark: if you've reached MMI and have complete records and your attorney still isn't pursuing resolution actively, that's worth examining. Call me at 312-500-4500 for a free second opinion on your case status. I'll give you an honest assessment with no obligation.
What is Maximum Medical Improvement (MMI) and why does it matter to settlement?
Maximum Medical Improvement is the point where your doctor says you've recovered as much as you are going to recover - either you are fully better or any remaining problems are permanent. We do not settle before MMI because we cannot know the full value of your case until we know the full extent of your permanent injuries. Settling before MMI is like selling a house before the appraisal - you have no idea what it is worth, and any future treatment costs come out of your own pocket. MMI sets the floor and ceiling for valuing your case.
Does my lawyer get paid faster if my case settles faster?
Yes - and that is exactly why you should be skeptical of any lawyer who is unwilling to wait for the right moment to settle. Personal injury and workers' comp lawyers work on contingency, meaning we only get paid when you do. There is no scenario where I make money by delaying your case. If your lawyer is telling you to be patient, it is because settling too early would cost you significantly more than it would cost the lawyer. The lawyer's interests and the client's interests are aligned in injury cases.
Should I accept the insurance company's first settlement offer?
Almost never. The first offer is a starting point - the insurance adjuster expects you to negotiate. First offers are typically a fraction of what the case is actually worth, and the company is gambling that you will take it because you are tired and want the case to be over. Even if the first offer sounds reasonable, the second offer is almost always higher. I never recommend accepting a first offer without at least one round of counter-negotiation, and usually several rounds. Insurance companies expect to be pushed back.
How long after my case settles do I actually get paid?
Usually four to eight weeks after the settlement is agreed to. The insurance company has to cut the check (typically two to four weeks). Then medical liens, health insurance subrogation claims, and outstanding bills need to be negotiated and paid out of the settlement. Then attorney's fees and costs are deducted. The net amount is what goes to you. I do everything I can to speed up this process and negotiate liens down so you keep more of the money. You will know the breakdown in writing before anything is disbursed.
