What Are Your Legal Options If Your Friend Or Family Member Is Liable For Your Injury In Cook County, IL?

In this article, you can discover…

• Your legal options if a friend or family member causes your injury.
• Whether you can bring a claim against a loved one without suing them.
• The difference between filing a claim against a person vs. an insurance provider.

What Are My Legal Options If A Friend Or Family Member Is Responsible For My Injuries?

If a friend or family member is driving while you’re a passenger and they do something negligent (such as drive the car into a ditch) and this causes you to be injured, they are legally responsible for your injury.

The legal scenario is no different than if you had been in the car with someone you didn’t know; you have the right to file a claim, and I have represented plaintiffs who made claims against their family members. Such claims make up a little less than 10% of personal injury claims, so they do happen.

On an emotional level, it’s a question of how your friend or family member is going to feel about the claim. I would say that any good friend or family member will take responsibility for their mistakes, and care more about making you whole than about any impacts the claim may have on their premiums.

Can I File An Insurance Claim Without Directly Suing My Loved One?

Yes. For example, if your brother was driving and was responsible for the accident, you could make a claim against your brother’s insurance without filing a lawsuit. But if the case can not be settled for a reasonable amount without a lawsuit, you must either file a lawsuit or move on.

How Can I Protect My Personal Relationship While Still Pursuing Compensation For My Injury?

Hopefully, the defendant understands that your claim is not personal. This is a claim against an insurance company. In other words, you’re not asking your friend or family member to pay you money; you’re asking the insurance company to compensate you for your injuries.

Ideally, the person responsible understands that they are the one who made a mistake and they are the one who caused your injuries. I would think that a reasonable person might not be happy about the situation, but are still more than willing to accept responsibility. Additionally, they should realize that you are making the claim not because you are mean or don’t like them, but because you have suffered a serious injury and you deserve to be compensated for that injury.

Why Is Having Legal Guidance So Important In Personal Injury Claims?

In any type of injury claim, you need an attorney. Insurance companies will not take you seriously without one, and will only take you and your claim seriously if you have an experienced personal injury attorney represent you.

You do not want a bankruptcy attorney or a divorce attorney to try to handle your personal injury claim. It will become obvious almost immediately to the insurance company that you have hired someone who is not focused on these types of cases. This can open you up to being taken advantage of in your settlement.

Attorney Alexander Memmen is a seasoned lawyer based in Chicago, Illinois who has helped countless clients just like you navigate the intricacies of personal injury law. Representing clients since 2006, he is prepared to assist you through personal injury claims against a family member so that you are equipped to recover and move forward without complications.

Still have questions? Ready to get started? Contact Sharks At Law today to schedule an initial consultation.

What If I Feel Guilty About Filing A Claim Against A Friend Or Family Member?

Whether or not you file a personal injury claim against a friend or family member is entirely up to you. I am never going to talk you into filing a lawsuit if you do not want to file. If I were to talk you into a lawsuit and that ended the relationship with your friend or family member, you would not be very happy with me, either.

Having said that, I would counsel you that this is someone who has hurt you, and this is why we have insurance. I would hope that the responsible friend or family member would want to help make you whole.

What Is The Difference Between Filing A Lawsuit Against A Person Vs. Against An Insurance Company?

In Illinois, you are making a claim to an insurance company against a defendant. In this case, against the friend or family member who caused the accident. But if you don’t file a lawsuit, nothing will be on that person’s record. In fact, civil lawsuits don’t go on a person’s record in the same way that a criminal record or criminal charges might.

At the end of the day, I would say that all reasonable and responsible people have insurance, and we have that insurance for a reason. If you’ve been hurt as a result of a friend or family member making a terrible mistake, being irresponsible, or being unsafe, then you have a right to make a claim.

What Is The First Thing I Should Do If I’m Injured By Someone I Know And Am Considering Filing A Personal Injury Claim?

The first step is to speak with a lawyer. Any reputable personal injury attorney will talk to you on the phone for free. If a personal injury attorney won’t speak with you on the phone, wants a paralegal or an admin to talk to you, or wants to charge a fee for an initial call, then that’s not a lawyer you want to hire.

You want a lawyer who’s going to spend at least 10 or 15 minutes with you on the phone during an initial phone call, as this shows how much attention they will pay to the rest of your case.

Still Have Questions? Ready To Get Started?

For more information on Injury Claims Against A Family Member In Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 210-7229 today.