If you’ve been injured in an accident, you probably have a lot of questions—and not a lot of clear answers. That’s normal. Navigating a personal injury claim can feel overwhelming, especially when you're trying to focus on recovery. Whether you’re wondering about medical bills, dealing with insurance adjusters, or simply unsure if you need a lawyer, we’re here to help.
At Palermo Law Group, we’ve worked with hundreds of injury victims and know firsthand how confusing the legal process can be. In this post, we’ll break down some of the most common questions we hear—so you can get informed, feel confident about your next steps, and better understand your legal options.
Your Personal Injury FAQ—Answered
An insurance company wants to access my medical records. Should I allow this?
It depends—but if you’re planning to hire a personal injury attorney, the answer is simple: no, you should not authorize the insurance company to access your records directly. In a personal injury case, your lawyer will gather all necessary medical records and billing statements at the appropriate time to support your personal injury claim. Letting the insurance adjuster dig through your records without legal guidance can hurt your case, especially if they try to downplay your injuries or argue that they were preexisting.
An insurance company wants to take a recorded statement. Should I let them?
Absolutely not—especially if you’re not yet represented by a personal injury lawyer. Insurance companies are not asking for a recorded statement to help you; they’re doing it to protect their bottom line. Even if you’re telling the truth, small differences in how you recall the events can be used to challenge your credibility later. A qualified attorney will prepare you in advance and ensure that any communication with the insurance provider doesn’t compromise your right to fair compensation. This is one of the most common questions we get—and one of the most important.
Can I sue again if I’m unhappy with the outcome of my first case?
Unfortunately, no. You only get one shot at pursuing compensation through a personal injury lawsuit. Once a settlement offer is accepted and the paperwork is signed, your case is over. That’s why it’s essential to consult with an experienced attorney upfront to ensure your claim is handled properly from the beginning. If you’re unsure whether your current lawyer is doing everything possible to protect your rights, seek a free initial consultation from another personal injury law firm before it’s too late.
Can I receive compensation if I’ve lost my job or future career opportunities after an injury?
Yes. In Illinois, personal injury victims can pursue compensation for lost earning capacity—not just current lost wages. If your injuries force you to take a lower-paying job or prevent you from returning to your field altogether, you may be entitled to damages that reflect the long-term impact on your quality of life. These claims can be strengthened by using a vocational expert who can testify about the types of work you're still capable of performing. This type of economic loss is especially devastating for skilled workers who, due to injury, are no longer able to do the job they’ve trained for. A knowledgeable personal injury attorney can help you build a strong case for full, fair compensation.
Can I sue the government if I’m injured by a government employee?
In many cases, yes—but these lawsuits come with special rules. Whether your injury involves a city worker, a state agency, or a federal employee, your personal injury attorney must carefully navigate government-specific procedures and tight deadlines. There are also legal protections—called immunities—that shield certain government entities from liability in specific situations. That’s why it’s critical to work with a law office familiar with personal injury law and the unique challenges of these cases. Waiting too long or filing paperwork incorrectly can jeopardize your entire claim.
Do I need to hire a lawyer if I’ve been injured?
Not always—but it’s in your best interest to at least talk with a personal injury lawyer. Many injury victims don’t realize the full extent of their legal options or the true value of their case until it’s too late. That’s why I offer a free case evaluation to anyone who’s been hurt. During this free initial consultation, I’ll walk you through your rights, the possible payouts available to you, and whether hiring a lawyer could actually put more money in your pocket. The consultation is no pressure and no cost—just helpful, honest legal advice when you need it most.
If some of my injuries were present before the accident, can I still bring a claim?
Yes—and don’t let the insurance company tell you otherwise. Illinois law protects people with preexisting conditions and holds negligent parties accountable for the actual harm they’ve caused, even if it aggravated a condition that already existed. In fact, jurors are specifically instructed not to reduce or deny compensation simply because an injury victim had a prior medical issue. This is especially relevant in car accident and medical malpractice cases, where insurers often try to avoid responsibility by pointing to so-called “degenerative” issues on scans or X-rays. In reality, 100% of people will develop arthritis and have degenerative changes as they age, but that does not mean 100% of people have symptoms related to the natural aging process.
But here’s the truth: most adults have some form of spinal degeneration, and many don’t experience symptoms until a traumatic event like a crash brings them on. I’ve seen too many cases where insurers use negative X-rays—which only rule out broken bones—to argue that there’s no injury. That’s simply not accurate. Conditions like herniated discs, soft tissue injuries, or nerve damage don’t show up on X-rays, but they can cause serious pain and long-term disability.
If you’ve been told your injuries “don’t count” because of a preexisting condition, don’t walk—run to an experienced attorney. You deserve maximum compensation for the damage caused by someone else’s negligence, no matter your medical history.
Do I still have a case if the X-rays didn’t show any injuries?
Yes. A negative X-ray result doesn’t mean you weren’t hurt—it simply means there are no broken bones. That’s the only thing X-rays are designed to detect. Unfortunately, insurance companies and defense attorneys often use this to downplay the seriousness of your injuries. But I’ve represented injury victims who needed surgery and went on to receive significant compensation, even with negative X-rays on record.
A long list of serious conditions—like herniated discs, rotator cuff tears, knee ligament damage, traumatic brain injuries, and scarring—don’t show up on X-rays. These are real, painful injuries that deserve real treatment and real accountability. That’s why it’s so important to work with a personal injury law firm that knows how to prove the full extent of your medical care needs, even when the initial scans come back “clear.”
Why didn’t my airbag deploy in my car accident?
One of the most common tactics used to discredit a personal injury case is pointing to a lack of airbag deployment. Some will argue, “If the airbags didn’t go off, the crash couldn’t have been that serious.” But that logic doesn’t hold up.
First, airbags are generally designed to deploy in frontal collisions. In a rear-end accident, for example, your body moves backward—not forward into the steering wheel or dashboard—so the airbags don’t trigger. The vehicle’s crash sensors are placed in the front, which means a rear impact usually won’t set them off.
Second, airbags themselves can cause harm. It takes a controlled explosion to inflate them in milliseconds. Engineers have determined that in some situations—especially low- to moderate-speed impacts—it’s actually safer not to deploy them.
Third, sometimes airbags should have deployed, but didn’t. That’s when we might be looking at product failure, which could become part of a product liability claim. I’ve worked on cases involving defective airbags, and it’s absolutely possible to hold manufacturers accountable when faulty safety equipment puts people at risk.
Should I accept a settlement offer?
Not without speaking to a personal injury attorney first. Insurance companies often make settlement offers early in the process, hoping you’ll accept a lowball payout before you fully understand what your case is worth. Once you sign a release, you can’t go back and ask for more—no matter what future medical treatment or lost income you face.
A proper personal injury claim may entitle you to compensation for both economic and non-economic damages, including:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Disfigurement or disability
- Loss of normal life
The best way to protect yourself is to consult a law office with years of experience handling serious injury cases. I offer a free initial consultation to help you make informed decisions and fight for the maximum compensation you’re owed.
Should I use my own health insurance to pay for medical bills after a car accident?
Yes—and here’s why. Many people understandably feel that the at-fault driver’s insurance should cover everything, and eventually, it will. But using your own health insurance coverage up front can save you thousands.
Your insurer has pre-negotiated rates with medical providers, meaning your medical bills are often paid at a significant discount. Let’s say the ER charges $4,000 for your visit. Your health plan may only pay $2,400—and you still get credit for the full amount when seeking damages in your personal injury lawsuit.
Later, your health insurance company may seek reimbursement, but I can usually negotiate a reduction. That means you pocket the difference. It’s a smart strategy that protects your credit, speeds up medical attention, and strengthens your overall injury case.
Does an at-fault driver’s insurance company have to pay my medical bills?
It may seem shocking, but the answer is no—there’s no law requiring the at-fault party’s insurance coverage to automatically pay your medical expenses after treatment is incurred. Many people assume otherwise, especially when their injuries were clearly caused by someone else’s negligence.
Unfortunately, insurance companies often dispute medical charges, delay payments, or even refuse to pay altogether. They might argue that the treatment was unnecessary or the bill was excessive—despite having no say in the emergency decisions made at the scene of the accident. In many cases, they’ll spend more money hiring so-called “experts” to minimize payouts than it would cost to just settle the bill.
This happens more often than you’d think. Imagine a working parent, hit by a distracted driver and rushed to the ER by ambulance—only to have the other driver’s insurer claim the ER visit was overpriced. That kind of injustice is exactly why you need a personal injury lawyer who won’t let them get away with it.
Your best course of action? Run your medical bills through your own health insurance and consult with an experienced attorney who will fight to ensure you receive fair compensation for all damages caused by the crash.
How much time do I have to take legal action on a case?
Under Illinois law, the standard statute of limitations for a personal injury lawsuit is two years. But don’t let that lull you into waiting. Some cases—especially those involving a government employee or municipal entity—may carry a shorter one-year deadline.
Equally important is the preservation of evidence. 911 recordings, surveillance footage, and police reports can all play a crucial role in building your case—but many of these are deleted after a short time. The sooner you act, the stronger your case will be.
Does hiring a law firm mean I have to sue an at-fault driver personally?
Not necessarily. In fact, many personal injury claims are resolved directly with the insurance company—without ever filing a lawsuit. If you’re hesitant about “suing someone,” know that we’ll always start by negotiating for a fair settlement offer. Our goal is to secure the outcome you deserve while respecting your preferences.
But if the insurer won’t make a reasonable offer, filing a lawsuit may be the only way to obtain maximum compensation. I’ve personally tried dozens of cases to verdict, and insurance companies know I won’t back down when a client is being shortchanged. Even then, most lawsuits are settled before trial.
When the stakes are high, you need a law office with the skill and years of experience to push back against powerful insurers and protect your quality of life.
Your Questions Deserve Answers—And So Do You
Personal injury law is full of misconceptions, half-truths, and tactics designed to make injury victims settle for less than they deserve. That’s why it’s so important to get legal advice early from a firm that focuses exclusively on fighting for people like you.
At Palermo Law Group, we offer a free consultation so you can get clear answers without pressure or obligation. And because we work on a contingency fee basis, you don’t owe us anything unless we recover money for you.
If you’ve been hurt due to someone else’s negligence—whether it involves premises liability, property damage, wrongful death, workers’ compensation, or product liability—contact us today. We’ll help you understand your legal options, protect your rights, and fight for the maximum compensation you deserve.
For a free consultation contact our law firm by calling (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.
