Episode 7: Feb 4, 2025 | Connor Londrigan Explains Complexities Behind Personal Injury Cases

Show Notes

• 0:32 Episode introduction -- Connor Londrigan
• 1:38 How do I know if I actually have a case?
• 8:11 Who can I sue for my injury?
• 10:26 What kind of damages can I receive for my injury?
• 16:45 Wrapping up -- Thank you, Connor!

Transcript

00:00:01 Oh, you're an attorney?

00:00:03 I have a friend who was...

00:00:03 I've been meaning to update my will, but I just bought a new house...

00:00:06 So I was wondering,

00:00:06 I want to start a business...

00:00:08 My brother was fired

00:00:09 And I think we have...

00:00:09 Hey my friend got divorced a while back,

00:00:09 I just don't understand how....

00:00:14 You've been there at a social function, meeting friends of.

00:00:18 Word gets out that you're an attorney, and suddenly your night is filled with partygoers asking you, quote, UN quote, simple legal questions.

00:00:25 Questions are seldom in your.

00:00:27 Some of the stuff you haven't thought about since law school.

00:00:30 You're being cornered out of court.

00:00:33 In the cornered out of court podcast from IICLE, you'll hear from fellow attorneys about the questions they get and the responses they give to escape being cornered.

00:00:46 When someone has been injured while driving after using a product or just went out and about, they have many questions and concerns, not the least of which is how am I going to pay for my medical treatments while I'm unable to work?

00:00:59 Shouldn't the person who injured me be on the hook for at?

00:01:01 Some of that.

00:01:03 Connor Londrigan, who is based in Springfield, IL, is very experienced with the insurance and outs of personal injury matters.

00:01:11 My name is Connor Londrigan, associate attorney at scroll hammer hander Raven and Reinvolt Springfield, IL, Illinois. The state of Illinois doesn't recognize the legal specialties, but vast majority of my practice is concentrated on personal injury lawsuits.

00:01:27 Workers compensation claims do a little bit of medical practice occasionally.

00:01:31 Product liability dog bites.

00:01:33 Civil plaintiffs litigation.

00:01:37 OK, First things first.

00:01:38 How do I know if I actually have a case?

00:01:43 Most personal injury suits are going to be borne from negligence.

00:01:47 That's not to say that all of them will be.

00:01:49 You can see claims you know battery, soul premises liability is a very common one.

00:01:55 Defective products products liability.

00:01:58 Dog bites are very common defamation, so there are more claims that reside outside of negligence, but more often than not, you'll see claims that are aborted out of a pattern of negligence.

00:02:10 Within the state, within most states, there are several duties of negligence. You took it towards class.

00:02:16 Pretty.

00:02:16 Beat into your.

00:02:17 You know, it's duty, breach, causation and damages.

00:02:23 So duty, you have to determine whether or not a person.

00:02:27 Who injured your?

00:02:28 Client or the duty of care to your client.

00:02:31 Could that person have foreseen the directions would lead to injury?

00:02:34 That's what you really need to focus on 1st.

00:02:37 So with car accident cases, you will duty of reasonable care to others around you. And obviously with private liability, you owe a duty.

00:02:46 To the individuals you invite onto your property, or if.

00:02:49 You're a public.

00:02:50 Facing property you owe a duty to those individuals who come.

00:02:53 As well.

00:02:54 Secondly, you have to have a breach of that duty. If there was a duty of reasonable care, did that person breach their duty?

00:03:01 You know, did they?

00:03:03 Maybe come reactions that they were not in.

00:03:05 And what is expected with them?

00:03:06 3rd did that reach cause injury and you have to look for both actual approximate cause here and then lastly damages.

00:03:14 You know you can have all three of those elements, but you don't have damages.

00:03:17 Won't have a convicted case.

00:03:19 Was that person injured, rather physically or financially due to the breach, and if so, to what extent in the state of Illinois there is what's called comparative fault, meaning that maybe liability isn't as clear cut as you were hoping when you come across the case?

00:03:35 And it doesn't necessarily mean that your case is done infeasible.

00:03:40 Just because an individual may be partially a fault doesn't bother recovering in the.

00:03:44 You have to show that the individual who did you would be pressing suit against would be responsible for greater than 51.

00:03:51 Of the fault.

00:03:52 That's the burden you have to overcome with comparative fault.

00:03:55 And you have.

00:03:56 Of course, show that your client was less than 51% responsible for what occurred.

00:04:00 Really one?

00:04:00 The biggest considerations that I know is something that may not come up or be immediately apparent to those who do not practice a lot of personal injury law.

00:04:09 You know, the unfortunate reality is, you know, is there insurance policy applicable to whoever you are pressing suit against.

00:04:18 In many instances.

00:04:19 Can have the perfect fat.

00:04:21 But if that person has no assets, has no insurance policy at which you can collect against, it really becomes impractical to initiate the suit, you know, with insurance policies, you can get anywhere from 25,000.

00:04:34 On up to to coverage that you would be able to collect against. If you can show that the party that caused injury to your client was responsible, reliable for the damage.

00:04:47 Without that, it really becomes a matter of OK is this person that caused the injury.

00:04:53 Are they independently?

00:04:55 Are there assets valuable you can go after these things and see them in an individual capacity.

00:05:00 Collecting them can be very time consuming.

00:05:04 Can be very difficult, so a lot of practitioners from a plan's perspective.

00:05:10 Won't even move forward with the suit if they can't find an insurance policy that they feel is applicable with the defendant.

00:05:16 Kind of beyond that. You know you if you can't find an applicable insurance policy, that's not necessarily the end of the story.

00:05:26 With car accident cases.

00:05:27 Any personal injury cases are car accident cases are.

00:05:30 Out of automobile.

00:05:32 Accidents, many instances. Your client will have their own insurance.

00:05:37 Within that, insurance policy is what's referred to as a uninsured motor vehicle or underinsured motorist clause, which more or less allows you to collect against your own clients insurance if whoever struck them is either uninsured.

00:05:52 Or underinsured, you know this is going to come into play with hit and runs going to come into play with people who are driving illegally without insurance that will come into play with car accidents involving massive injuries.

00:06:06 Especially if they've got, you know, the basic minimum coverage 25,000 per accident or 25,000 per individual, 50,000 per accident, and you've got, you know, several $100,000 worth of of injuries.

00:06:20 Medical bills.

00:06:22 Clause is going to likely come into play.

00:06:24 Most personal injury cases are taken on a contingent fee basis.

00:06:27 Does make us unique in that sense to an extent.

00:06:31 Most attorneys, I think in the vast majority of fields make an hourly pay. They have an hourly rate.

00:06:39 Charge so much per hour depending upon how many hours they put into their work. That's.

00:06:43 They're going to bill you.

00:06:44 We're very different and.

00:06:47 It can make this position lucrative.

00:06:49 Undeniably, we get some some flat for that, some jobs, but there's a lot of risk involved as well, which is why you have to be very selectively.

00:06:56 On.

00:06:57 Cases the very.

00:06:58 Contingent fee is 1/3 or 33%.

00:07:02 Of whatever you collect on behalf of the client.

00:07:05 This can.

00:07:06 I've seen as high as 40% with some practitioners in Chicago.

00:07:11 And a lot of times, if you have to appeal the case after you reach a decision that can hire your.

00:07:16 So certainly consideration you may want to keep in mind if you don't feel comfortable taking a case due to the lack of an insurance policy.

00:07:26 Or any other circumstances I have seen people offer to work hourly, but I I certainly encourage any practitioner that would go down this route to be very transparent with them.

00:07:36 Right. You know, you don't want to gain the reputation of just taking on your case in order to build.

00:07:43 You want to be very real with the risks associated with such a case. The risk of recovery and especially if there's no insurance policy.

00:07:53 Because the last thing you want is to send somebody a $50,000 bill, and they're ultimately only able to cover maybe two or three grand.

00:08:00 Know they don't want to become even further financially injured through your inability to recover.

00:08:11 Next, who can I sue for my injury?

00:08:16 Obviously, whoever did injure you, but one of the main considerations you want to look to is does that individual possess insurance if they don't? Are they independently wealthy? Even one of those applied, just modifying have insurance to which we can collect.

00:08:29 Another really big consideration for cases in this field is the statute of limitations.

00:08:35 I would hope I'm not alone with suggesting that whenever I hear of malpractice within our specific niche, if you will.

00:08:45 The statue of.

00:08:46 Is almost always the most common place.

00:08:48 You know what the statue of limitations is? Depending upon what court you're gonna go to, it's either state or federal.

00:08:56 Time period which you have to file a lawsuit with negligence cases within the state. There's two year date from the time the accident occurred.

00:09:05 Now there.

00:09:05 Some exceptions that do exist within I would certainly recommend not relying upon any of the exceptions. If you can get your case filed within two years.

00:09:15 Do it if you can't. Don't take the case.

00:09:17 You know, obviously it's not always ideal to file within 2 years. A lot of times people aren't entreated within two years.

00:09:23 I think most people, most plaintiff.

00:09:28 Would prefer their clients to finish treatment before initiating a lawsuit if possible.

00:09:34 A lot of times it is not practical, but there are exceptions. Sometimes when an individual becomes aware of their injury at a later date from which it occurred, the clock can start taking.

00:09:45 However, you have two years from the date.

00:09:48 The accident occurs.

00:09:49 Would encourage you greatly to put this on your.

00:09:52 Make sure you're setting yourself reminders. Make sure you're aware of what the statute approaches.

00:09:57 The last thing we want to do is be scrambling last second, trying to.

00:10:00 Together a complaint.

00:10:01 Getting it filed last minute and then getting service out before the two year lapse.

00:10:07 Just be very.

00:10:08 Of.

00:10:08 Try to put it on your.

00:10:10 Try to make sure you're aware of it you.

00:10:11 Want to come anywhere near it?

00:10:13 Both firms.

00:10:13 Been with even.

00:10:14 Kind of hard and fast rules.

00:10:16 If it's not.

00:10:18 If you can't reach settlement within two months of the statute elapsing that they just want you to file immediately.

00:10:26 Finally, what?

00:10:27 Of damages can I receive for my injury?

00:10:31 There's really three main categories of damages that I typically see.

00:10:35 I guess 2 that I.

00:10:37 See one that I'm aware of but very very rarely see.

00:10:40 My understanding is that most you know do not encounter these damages, but it's something to keep in mind.

00:10:46 Obviously want to look.

00:10:49 To see if you would qualify for it, or being advocate as you can for your clients, you want to make sure you're you're turning over every stone, even if there's, you know, maybe a lesser chance that you can collect upon this form of damages than the others.

00:11:01 Two big ones are economic damages.

00:11:04 Talking about medical bills.

00:11:06 Rehabilitation.

00:11:08 Pay management bills. Chiropractic bills are commonplace medication expenses, so any money that's going to take to buy whatever medications prescribed most the time insurance covers the majority of that.

00:11:21 Those are fairly small.

00:11:23 In nature, but some medications you require V large deductible, and that's what those really come into play, and that's certainly something you don't want to ignore and put into your damages when trying to quantify economic value of your case.

00:11:36 Aesthetic device medical.

00:11:38 Those certainly lost ranges is a very large one. If your client was unable to work due to the.

00:11:44 They, you know, they try to take vacation or learning unable to work.

00:11:49 You can certainly put that into your demand.

00:11:51 And then property damage, you need any damage to any property you certainly want to be cognizant of that and include that in the evaluation of your your client's case.

00:12:02 Damage to.

00:12:03 Is typically calculated by the farm fair market value of the property at the time of the accident.

00:12:07 If you can get an estimate, you know if your your car goes through a car accident, you want to get it as close to an accurate Kelley Blue Book estimate as the value of the car pre accident. You know, repair those can certainly help you determine that beyond.

00:12:22 Non economic damages are certainly come and play and those are very common you're talking about.

00:12:27 Pain, suffering, disfigurement, emotional damages, the the emotional or dealing your clients forced to go through due accident. You know it would not that emotional stress.

00:12:36 Everything that comes along with it would not.

00:12:38 Occurred.

00:12:39 For the defendant, the tort fees are, meaning the actions that.

00:12:43 The injury, so those are those are a little bit more hard to quantify, but there's certainly value you can put into the suit.

00:12:51 That's something where the more time that goes on that you work in this field, the more I guess you're comfortable with maybe attaching a number to it's very factually dependent.

00:13:00 You know somebody who's going to be seeking out psychological help is obviously going to have much greater, you know, emotional damage than somebody who, you know, had.

00:13:08 Fender Bender.

00:13:09 So that's, you know, obviously there's no number attached to that.

00:13:13 You've got to kind of fuel it out as needed. And then the last, of course damage to which you're going to see very little of would be.

00:13:20 Damages, at least in this state, and I have one of other states where you see punitive damages a lot more often. I have a friend who's an adjuster down in Florida.

00:13:29 He makes mention of punitive damages coming into play quite often.

00:13:33 My understanding is that state may be going through.

00:13:36 Form of.

00:13:37 Changes it might be.

00:13:39 That's where it's going to be a little bit harder for them to get back, but in other words, you you very rarely see primitive damages.

00:13:45 It's really only going to come into play.

00:13:49 In circumstances of extreme or gross negligence, so always best to check, you know, see if there's any anything that would entitle you to punitive damages.

00:13:57 Maybe don't expect to have it very often.

00:14:01 Again, knowing your policy limits will help you know the maximum amount you can recover.

00:14:05 And whether?

00:14:06 Not you need to make adjustments with how you're pursuing the suit. Because of that, it is possible that the economic cost of your clients injuries are going to.

00:14:16 Greater than.

00:14:17 Limits.

00:14:18 And that's going to again determine when you make your demand. If that's the case, if you've got $100,000 worth of injuries for your client. But their policy limits only go up to 50,000.

00:14:29 Immediately to make don't waste any more.

00:14:32 You can only collect up to $50,000 from that insurance company. Most insurance companies are going to see the damages.

00:14:40 Our medical bills rather are much greater than their limits and we will immediately turn it over to you at that point. Then you can decide, hey is UMUIM.

00:14:49 This is a car insurance or this is a car accident case, or if again you need to seek out another party that may be partially responsible for the injuries your client incurred with regards to financially.

00:15:01 Your case the general rule of thumb.

00:15:03 This is saying county.

00:15:04 I know with the larger metropolitan districts you're talking about St.

00:15:07 Madison County down.

00:15:08 South.

00:15:09 Or Cook County up north.

00:15:11 Larger metropolitan areas are typically going to give out much larger verdicts, so the evaluation of the same injury down in.

00:15:20 Louis County will likely be very different than the injury that occurs up in Cook County, so take this for the grain of salt. But down here.

00:15:28 General rule of thumb is about two to three times the economic damages, so that's medical bills, lost wages.

00:15:34 Usually within 20.

00:15:36 Times that amount is a good place.

00:15:37 Start and.

00:15:38 Do want to give yourself a?

00:15:39 You don't want to come out of the gate demanding what you think is fair.

00:15:43 You need to give yourself a little room to move down if possible, because the insurance company adjusters are going to be playing the same game.

00:15:50 Going to come out, likely whatever.

00:15:52 Demand is.

00:15:54 A little inflated.

00:15:55 Not they're going to live longer than.

00:15:57 And that's kind of a tactical move on their part. You know, they're going to come up a little bit.

00:16:02 Going to come down a little bit and they're hoping that, you know, you eventually meet in the middle.

00:16:06 Settle.

00:16:07 Case. But of course, that's not always.

00:16:09 Your client may not always be comfortable with whatever's in the middle.

00:16:13 You might have to stick to your guns.

00:16:15 You might be a little bit.

00:16:16 Their evaluation.

00:16:17 Make sure you're giving yourself.

00:16:19 You know, some room to go down.

00:16:21 That's going to encourage the.

00:16:23 Hey, this guy's trying to play fairies trying to be, you know, as honest and forthcoming as possible.

00:16:29 I'll move up a little bit as long as he moves down, because otherwise, if you're really, truly think your case is worth 60,000, you come out and you get demanding 60,000.

00:16:38 It's very, very unlikely you're going to get your demand a lot of insurance companies just want that back and forth.

00:16:45 Thank you, Connor.

00:16:46 Connor Londrigan practices in Springfield, where he handles personal injury products liability, medical malpractice and workers.

00:16:55 Matters if you have an idea for a topic you would like to hear discussed on the cornered out of court podcast, we welcome your suggestions by e-mail. Our address.

00:17:04 Is info@iicle.com

00:17:08 IICLE is a 501(c)(3).

00:17:10 not-for-profit based in Springfield, IL, we produce a wide range of practice guidance for Illinois attorneys and other legal professionals in all areas of the law. With the generous contributions of time and expertise from volunteer attorneys, judges, and other legal professionals. If you are interested in.

00:17:11 Many authorship and speaking opportunities.

00:17:28 Give us a call.

00:17:29 217-787-2080 or sign up for the IICLE volunteer network at iicle.com/volunteer.

00:17:39 Thank you for joining us for another edition of cornered out of court, brought to you by the Illinois Institute for Continuing Legal Education.