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Bensenville, IL 60106

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Personal Injury Frequently Asked Questions (FAQs)

General FAQs

Q. How do you, the lawyer, get paid for a personal injury case?

A. We only get paid when you do. We are paid on a contingency fee basis, meaning that we take a percentage of the recovered amount as our fee and recoup our costs. This is beneficial for two reasons — 1) you do not have to pay us along the way, and litigation can be very expensive, so there is no risk or expense to you, and 2) our interests are aligned to maximize the recovery in every case for every client.

Q. How much is my case worth?

A. This question is unique to each and every case. There is a huge range of values for each case, and they are based upon the injuries, the medical bills, the documented pain and suffering, the healing process, the insurance company, and an economic analysis of risks vs. benefits of litigation. Ultimately, the decision always rests with the client, but we will always keep you informed of the process and our recommendations so that you can make an educated decision.

Q. Will I have to go to court for my case?

A. Maybe. If the case goes into litigation, meaning we were not able to settle it for a fair price before a lawsuit is filed, there is always the chance that you will have to go to trial on your case and that you will have to be present for a deposition. If and when the time comes to discuss litigation, we will talk about the requirements of you during the litigation process.

Billing Questions

Q. Who's going to pay my medical bills?

A. Your health insurance should be paying your medical bills regardless of how you got injured.

Q. Why should my health insurance pay for it when it was someone else's fault?

A. Because that is what you purchase health insurance for. By the same token, because it was due to someone else's fault, part of the recovery in a personal injury case will go to reimbursing you and the health insurance company for the bills they paid.

Q. My doctor's office or the hospital won't submit my bills to my health insurance. What do I do?

A. You need to be on top of them and make sure they are submitting it so that the time frame for submitting a claim does not lapse. If they refuse to do so, you can submit the bill yourself to your health insurance. Just use the number on the back of your insurance card and they can guide you through the process.

Q. My health insurance said they wouldn't pay until my automobile Med-Pay is used?

A. Some insurance plans have this requirement that auto insurance Med-Pay is exhausted before the health insurance begins paying. If that is the case, make sure your bills are submitted to your own auto insurance. Once the Med-Pay is exhausted, you should receive an "exhaustion" letter that you can send to your health insurance, which is what they need to be able to begin paying the remainder of the bills.

Q. My health insurance will only cover 10 physical therapy sessions, but my doctor says I need to go for 20 sessions. What do I do?

A. You will need to either pay out of pocket, or, if you have an attorney, the physical therapy facility can send a lien to the attorney so that they will be paid at the conclusion of the case.

Q. I don't have health insurance — how will I get the treatment I need?

A. You need to get an attorney so that the medical treatment provider can file a lien on your case. This will allow you to get the treatment you need now, and with the resolution of the case, the doctor's office can be paid. Not all providers will treat you on a lien basis, but we will work to help you get treatment.

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