Absolutely, assuming your coverage liability limits exceed the at-fault driver's limits.
It works like this: you can collect for a total of all allowable damages (medical bills, future medical costs, pain & suffering, loss of a normal loss/disfigurement, lost wages) but are realistically limited to the liability limits of the at-fault driver's coverage.
If the other driver's carrier pays the entire limits of the policy (the lowest Illinois minimum was $20K and is now $25K, whereas...
This is dependent upon a plethora of factors, including: how soon and what kind of medical treatment your son received, the amount of property damage, the insurer for the other driver, whether your son gave a statement to the insurer, who the adjuster is, and whether he retained a lawyer.
At the very least, stop all communications with the tortfeasor's insurer, and have your son contact an attorney. We almost all work on a contingency basis, and consults are free. Studies show consistently...
A good lawyer would be able to run a thorough search of all possible insurance coverages and policies, investigate whether personal assets were a possible target, and maximize what was available to your son.
Since your son was a passenger, the obvious targets would be: the driver's policy(ies), the owner's policy(ies), your son's or your policy(ies) if there was underinsured (UIM) coverage, plus any possible umbrella policies.
Again, this is such an obviously bad situation, I find it...
No opinion can be given. I don't know the specific facts of your case and you have a lawyer.
Generally, slip and fall cases are very fact specific and also are among the hardest to win at trial. The law against you is considerable.
You survived summary judgment, which means the judge thought there was a factual issue for the jury, but in no way guarantees a win at trial. Also, even if you did win, any award likely would be reduced by your comparative negligence, which typically happens...
Do not respond to him.
Report this to your insurer immediately. They will handle this from there and require proof of any damages.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This is almost certainly a workers' compensation case.
What I recommend you do is as follows: report it to your employer ASAP, fill out a police report, get treated ASAP (keep the January 5th appointment, but get some treatment NOW--you do not want to wait from ER visit until 2 weeks from now to get more treatment that documents your injuries), and make sure your employer provides the workers' compensation insurance information to you, and finally talk to a lawyer.
This may also...
As a fellow cyclist, I can feel your pain. I certainly hope you have healed for the most part by now. I can also tell you that insurance companies do not take cyclists seriously, and tend to devalue their claims, perhaps even more than other non-cyclist claims, if that is possible.
You will NEVER be offered fair compensation by an insurance company without a lawyer period. They are in the business of saving money and paying as little as possible. You must force them to rethink that...
Divorces are awful, so my thoughts go out to you. Not fun for anyone involved.
WIthout some sort of physical trauma, Illinois courts generally do not allow IIED claims to exist. In your case, I don't see that cause of action.
What I do see, potentially, is an action against your wife criminally for criminal damage to property etc. This is something you should report to the authorities immediately.
The MOST IMPORTANT thing you should do right now, instead of thinking like a lawyer,...