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    leenlee's Avatar
    leenlee Posts: 2, Reputation: 1
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    #1

    Oct 24, 2008, 09:07 AM
    Small claims in IL for accident-can I sue for pain and suffering and how much?
    I was in an accident almost 2 years ago and got hit head on by a drunk driver. Hurt my wrist and was out of work for 2 months. He refuses to pay for my lost wages and I want them back. I was wondering if I can also sue for pain and suffering and for how much?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 24, 2008, 09:15 AM

    Not in small claims court. Did you file a claim against his insurance company?
    leenlee's Avatar
    leenlee Posts: 2, Reputation: 1
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    #3

    Oct 24, 2008, 09:33 AM
    Yes. Well my insurance paid for my car because it got totalled, and then they paid for my medical bills. NOw my insurance is going after his insurance. And I wanted to file a private suit against him for my lost wages and drop it, but since its going on so long, I want to get him for pain and suffering. Well the laywer I tried to get is an airhead, and never returns my calls, and my 2 years is in December so I know that I have to file something by then. Any advice?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 24, 2008, 12:46 PM

    If your insurance company has a case pending you should be working through them. You really do NOT want to start a separate action. I'm curious as to why you didn't file a claim directly against his insurance carrier. If he was drunk, its likely he was 100% at fault and his insurer should pay.

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