frequently asked questions

Any accident or injury brings a flood of questions. At Penman & Associates, it's our job to provide you with the clear and precise answers you need. While some frequently asked questions can be addressed broadly, the specifics of your case require a personalized approach.

You deserve a legal strategy tailored to your unique situation. Whether you're dealing with a personal injury, car accident, wrongful death, or assault case, our experienced team has the resources and expertise to guide you through every step.

What should I do if I'm involved in a hit-and-run accident? When the at-fault party flees the scene of the accident, it adds another layer of difficulty to your case. Even if the offender is eventually caught, many people flee because they have no insurance. Adding uninsured or underinsured motorist coverage to your insurance policy can help protect you. But even with this coverage, it's best not to attempt your case alone. Our attorneys can walk you through the steps you need to take after any hit-and-run accident.

What is the filing deadline for my personal injury case? In Illinois, the statute of limitations for most personal injury cases is two years. However, if a public entity, such as a city bus driver, is at fault, the statute of limitations can be even shorter. Additionally, if you were a minor at the time of the accident, the countdown for the statute of limitations may begin at the age of eighteen in some cases. It's crucial to note that statutes can vary based on the type of case, making it imperative to seek advice from a personal injury attorney promptly after your accident. Failing to do so could result in the loss of your opportunity for rightful compensation.

When is it worth the cost of hiring a lawyer? It's a common misconception that only severe accidents warrant legal representation. However, injuries may not always manifest immediately after an accident, sometimes taking days or even weeks to surface. Therefore, it's crucial to safeguard your rights and well-being from the outset. Avoid engaging in discussions with the insurance company or prematurely closing the door on future medical treatment without consulting one of our personal injury attorneys first. Even if we're unable to take on your case, we can provide valuable guidance to empower you to navigate your situation effectively.

Do I pay attorney fees upfront? No, at Penman & Associates, we operate on a contingency fee basis. This means that we don't require any upfront payment from you. Instead, our fees are contingent upon the success of your case, and they are deducted as a percentage of your settlement.

Do I need to wait for the police report before consulting a lawyer? No, you don't have to wait for the police report before consulting us. In many counties, obtaining a police report can take weeks or even months. We can handle the request for a copy of the police or incident report on your behalf, allowing us to start working on your case immediately.

What should I do if I don't have health insurance? If you lack health insurance coverage, don't delay seeking medical attention for your injuries. Our attorneys can connect you with healthcare providers who are willing to accept payment after your case is resolved. Contact us to discuss how we can assist you in this situation.

Is it important for my lawyer to specialize in personal injury cases? Specializing in personal injury law is essential for optimizing settlement outcomes. Our firm is wholly dedicated to serving individuals who have suffered injuries in accidents. Our infrastructure is meticulously crafted to support individuals like you. With our exclusive focus on personal injury cases, we possess an in-depth understanding of effective strategies when negotiating with insurance companies. Equally significant, these companies are familiar with our reputation. We've established a solid reputation among insurers, medical professionals, and fellow attorneys as a firm committed to relentless advocacy until our clients receive the compensation they rightfully deserve.

What if the other party is uninsured? In Illinois, a significant number of drivers operate vehicles without auto insurance coverage. If you possess "uninsured motorist coverage" as part of your car insurance policy, you have the option to file a claim through your own insurance provider. However, if you lack this coverage, your sole recourse may involve seeking compensation directly from the at-fault party. Adding UM (uninsured/underinsured motorist) coverage to your insurance policy is crucial for protecting yourself in such situations. Even if you have basic coverage and are involved in an accident with an uninsured motorist, there may still be avenues for recourse. Our team of accident attorneys is adept at navigating the complexities of such cases and can assist you in understanding your legal options. Contact us today for guidance tailored to your specific circumstances.

Should I sign the documents sent by the insurance company? No, after an accident you may receive numerous documents from the insurance company. It's crucial to carefully review each document before signing. Among the paperwork, you may encounter medical release forms or settlement offers for general damages, which could potentially harm your claim. As a general rule, refrain from signing any documents from either your insurance company or the other party's insurer without first seeking guidance from an attorney. Doing so ensures that your rights and interests are protected throughout the claims process.

Should I go to the emergency room or my primary doctor after an accident? It's crucial to see a doctor within the first 48 hours after an accident, whether you choose your primary physician, an emergency room, or an urgent care facility. Larger facilities like emergency rooms have the advantage of access to advanced imaging equipment such as ultrasounds, CT scans, and MRIs, which can provide a comprehensive assessment of your injuries.

Is it wrong to sue someone? It's natural to feel uneasy about hiring an attorney and pursuing legal action against someone, especially if you're concerned about the repercussions. However, if you've been injured, it's essential to remember that their insurance is responsible for covering your medical bills and damages. Holding the at-fault party accountable is necessary to ensure you receive fair compensation. The insurance company controls the funds, and without the pressure of a reputable injury attorney, they have little incentive to treat you fairly. Hiring a personal injury attorney ensures that your claim is taken seriously and that you receive the compensation you deserve.

Is it advisable to utilize my health insurance following an accident? Every accident is unique and requires a personalized approach. While your health insurance can be a valuable resource for treating your injuries, our attorneys can often arrange for you to see a specialist near you more quickly. This ensures you receive timely and specialized care tailored to your needs.

Will the auto insurance company arrange medical treatment for me? Insurance companies are generally not inclined to assist you in obtaining medical care, as doing so could potentially bolster your case. When injury victims navigate the process alone, they may be less inclined to seek treatment. Without proper medical care or expert opinion regarding your injury, the value of your claim may be significantly diminished. You deserve to regain your health and well-being. Consult with a lawyer to understand how you can hold the insurance company accountable.

Am I allowed to seek a second opinion? Certainly. While pain medication can provide relief, it shouldn't be relied upon as a long-term solution. If your current treatment plan isn't yielding the desired results, it's crucial to consider alternative options. Our priority is to ensure you receive the necessary medical attention, including access to the appropriate doctors or specialists.

How does my property damage claim differ from my injury claim? Following an accident, it's important to recognize that you're dealing with two distinct claims: one for property damage and another for bodily injury. Each claim involves its own settlement process and requires signing separate releases. Notably, accepting a settlement offer for property damage will not impact your bodily injury claim. If you're currently in negotiations regarding your property damage claim, it's crucial to ensure that the release you sign does not encompass general damages related to your injuries. Should you have any concerns or questions, don't hesitate to reach out to us promptly for assistance

What happens if I don't have auto insurance? If you were without auto insurance at the time of your motor vehicle accident, Illinois law (625 ILCS 5/7-601) entitles you to compensation for property damage and medical treatment. However, it's important to note that under Illinois law, certain restrictions may apply. Illinois law limits the options for accident victims who were uninsured at the time of the collision. While you may be excluded from recovering non-economic damages, such as compensation for pain and suffering, a skilled attorney can ensure that your property damage and medical expenses are adequately compensated. Depending on the specific circumstances of your accident, we may be able to assist you in recovering additional compensation. Due to the complexities surrounding accidents under Illinois law, it's advisable to contact an attorney promptly following an accident to discuss your legal options.

Will my insurance premiums increase? Following an accident, concerns about potential rate hikes are common and entirely understandable. However, if you're not deemed at fault for the incident, you can expect your rates to remain unchanged. Hiring an attorney to manage the personal injury aspect of your claim can expedite the process of determining liability. Furthermore, if you have coverage for property damage, uninsured/underinsured motorist incidents, or medical payments, your insurance company can serve as a valuable resource in supporting your claim.

How does uninsured motorist coverage function? Uninsured motorist coverage comes into play when you're involved in a collision with a driver who lacks insurance. In such cases, your property damage and injury claim will be processed through your own insurance policy. Underinsured motorist coverage, also known as "excess coverage," addresses expenses that exceed the settlement provided by the other party's insurance. For example, if you incur $40,000 in medical costs and the at-fault party's insurance policy has a limit of $15,000, your insurance can help cover some or all of the remaining bills.

Should I provide a statement to the insurance company? It's not advisable. Providing a statement could potentially harm your case. Everything you say will be documented and may be used against you during the settlement process. Before engaging in any conversations with the insurance company, it's wise to consult with a lawyer. Keep in mind that insurance adjusters aim to protect the interests of the insurance company, not yours. Their primary goal is to minimize payouts, so seeking legal advice beforehand can help safeguard your rights and ensure fair treatment.

Is it advisable to use my insurance to repair my car? If you have comprehensive coverage and can manage the deductible or have a deductible waiver, utilizing your own insurance to fix your vehicle is recommended. The information provided to the other driver's adjuster is uncertain, and in many instances, using your insurance is quicker than awaiting the determination of liability by the other party's insurer. Additionally, if you are not deemed at fault, you can expect reimbursement of your deductible.

Why am I receiving less than my car's worth? Many individuals express frustration when they feel the compensation offered for their vehicle, declared a total loss, is insufficient. Despite the potential for continued use of your 12-year-old car for several more years, the compensation provided typically aligns with the vehicle's fair market value. However, if you can provide documentation for recent engine work or similar repairs, these enhancements may be factored into the evaluation of your claim.

Why is the insurance company providing such a low offer? Insurance companies aim to maximize their profits by minimizing payouts. They typically strive to offer the lowest possible compensation in all scenarios. If they can justify offering less than the actual value of your car or the costs incurred from medical treatment or other accident-related expenses, they will do so. Victims without legal representation are often at a disadvantage, as they may be less aware of their rights. Sadly, many accident victims accept the insurer's initial low-ball offers out of fear that involving an attorney will complicate matters. Don't allow the insurance company to shortchange you. Contact us today, and we'll ensure they fulfill their obligations to you.

Will the insurance company cover future treatment expenses? Yes, but there's a caveat: if you've already accepted a settlement offer, future treatment expenses may not be covered. It's crucial never to agree to a settlement for bodily injuries until all treatments are complete and anticipated medical costs have been factored in. The primary objective of your claim is to restore you to your pre-accident state of health. Before entertaining a final settlement offer from the insurance company, consult with your doctor regarding any required future treatment. The insurer should consider your doctor's recommendations when determining the terms of the final offer.

Why is my settlement taking so long? Following an unexpected accident, the urgency to obtain funds for expenses is understandable. Several factors may contribute to the delay in your settlement. Achieving the optimal settlement often requires thorough negotiation and investigation, which takes time. Additionally, insurance companies operate under a statute of limitations, typically two years, before they're compelled to settle claims; in some states, this period may extend up to seven years. Rest assured, with the right attorney, your claim will receive the necessary attention to secure the best possible outcome.

What if the other party's insurance refuses to accept liability? It's not uncommon for insurance companies to reject liability, even when evidence, such as a police report, clearly indicates their insured is at fault. Despite initial denials, it's possible to persuade the insurance company to reconsider its stance and acknowledge full or partial liability, depending on the accident's circumstances. In such situations, seeking guidance from an attorney is crucial. An experienced attorney will explore every avenue to construct a compelling claim against the responsible party, ensuring your rights are protected and that you receive the compensation you deserve.

Am I obligated to accept the initial bodily injury offer from the insurance company? No, you are not required to accept the first offer presented by most insurance companies. It's common for insurers to propose a low initial settlement amount, and some may make offers before you've completed your treatment. It's important to note that once you accept compensation for your injuries, you forfeit the ability to submit additional bills. This underscores the necessity of having a skilled and experienced personal injury attorney by your side. Our team ensures that the insurance company receives comprehensive documentation regarding your medical expenses, potential future treatment, lost wages, and pain and suffering. With us handling the legal complexities, you can focus on your recovery.

If the driver of the vehicle I'm in causes the accident, what can I do? If you're a passenger in a vehicle involved in an accident caused by your driver, you typically have the option to seek compensation through their insurance. However, it's essential to consult with an attorney to navigate any potential complexities in your case.

What if I reside out of state? If you've been in an accident in Illinois but live elsewhere, it's crucial to engage an attorney licensed to practice law in Illinois. We've assisted numerous individuals injured while visiting the state. Distance won't hinder our ability to handle your case effectively.

Do I have to commit if I call? Many assume that contacting our firm implies a commitment, but that's not the case. At Penman & Associates, we're here to assist you regardless of whether you choose to hire us. Our team is dedicated to answering your questions and guiding you towards the best course of action for your situation.

How much is my case worth? Any law firm that claims to know the exact value of your case should raise red flags. Numerous factors influence the settlement amount, including the circumstances of the accident, vehicle damage, insurance coverage of the at-fault party, your own insurance policy, response to medical treatment, and many others. During the initial stages, accurately estimating your case's value is challenging. However, what we can assure you is our track record of securing higher compensation for our clients compared to other firms.