SILVER BULLETIN

ISSUE SIX

From the desk of Barry Stewart Silver, Attorney at Law

Dear Client, and Friends,

Like most of us, I think about the tragic events of September 11,th every day. In milliseconds, my emotions run the gamut of anger, helplessness, sadness, pride and hope.

Hindsight is 20/20. Yes, this tragedy might have been prevented, and we were not as diligent as we should have been. The loss of so many innocent Americans breaks my heart. I estimate that 8,000 children lost a parent that day.

The horrific acts of September 11th run contrary to every American's sense of fairness and justice. Yet our collective response has given me an even deeper pride in the U.S., reminding me why I chose Law as my profession at the age of seven.

Like many, I want to do something. That's why for each new case I take on in 2002; I'm donating 2% of my settlement fees to a relief agency of my client's choosing. The donation will be made in the client's name, and he or she may take the tax deduction. I'm suggesting to all the Bar associations I belong to that my fellow attorneys should do the same. Those kids need our help now.

Our country will survive this terrible event and become even stronger because of it. But we must learn not to take things for granted. Hug your loved ones today and every day.

TEN FACTS YOU SHOULD KNOW ABOUT AUTO ACCIDENTS

"Accidents happen." A cliché, yes, but also a fact of life. No matter how you try to avoid accidents - and we've offered you strategies for doing just that in previous newsletters - sometimes accidents happen anyway. Here's what you need to know in order to protect yourself after an accident occurs.

If you are injured, you have a right to compensation for pain and suffering.
You undoubtedly expect to be reimbursed for medical bills, car repairs and lost income. If you are hurt, you also have a right to be compensated for the pain and suffering you've endured. Insurance companies have funds available specifically for this purpose.
The insurance adjuster is not on your side.
No matter how pleasant he or she may be, the other driver's insurance adjuster gets paid to look after the company bankbook. The adjuster is going to try to offer you as little as possible and to push for quick settlement. Don't fall for it!
The insurance adjuster is a professional negotiator.
An insurance adjuster may negotiate 1,000 cases a year. Hopefully, you will have no more than one in your lifetime. He's an expert; you're not. That's why it makes sense to enlist the services of your own expert - a personal injury (or P.I.) attorney.
Never give an insurance adjuster a "recorded" statement.
The adjuster will try to get you to give information, which will reduce the legitimate value of your claim.
It is not in your interest to sign a medical information release.
The other insurance company may pressure you to sign a release of all your past medical records. Although you have nothing to hide, it may not be in your best interest to do so. Requests like these should be turned over to your P.I. attorney who will limit the inquiry.
Your own insurance policy may be your best protection.
If you're injured by an uninsured or underinsured motorist, you may still be compensated under your own auto insurance. In Illinois, every auto policy contains nominal amounts of Uninsured Motorist Coverage and Underinsured Motorist Coverage. To fully protect yourself, make sure your policy contains at least $250,000 per person and $500,000 per accident for each coverage.
If a friend causes the accident, you may seek compensation without ruining your friendship.
Even if the driver at fault is your friend, should you bear the burden of your pain and suffering? No! You can accept a settlement from your friend's insurance company without filing a lawsuit against your friend. Will his insurance premiums increase? Possibly - but chances are, they would anyway as the result of the accident.
Don't want to go to court? Don't worry - most cases never go to trial.
Many people are uncomfortable with the idea of a long stressful jury trial. But the majority of cases never get before a jury - in fact, most settlements are reached without even filing a lawsuit.
A P.I. attorney is different than other attorneys.
You may have an attorney that your family relies on for real estate contracts or wills. These attorneys are not experts in personal injury law. A P.I. attorney specializes in accident settlements. He stays abreast of current laws and legislation, and has experience dealing with specific insurance companies. That is why it is in your interest to seek out a P.I. attorney to handle your accident claim.
Accident victims get higher settlements when they use P.I. attorneys even after the attorney's fees are paid.
It's true - settlements are smaller when individuals don't use legal counsel. If it's worth it to you to file a claim, then it's worth it to get yourself an experienced advocate. It's cost effective for you to use an attorney. The vast majority of the time, an attorney will obtain a larger settlement for you even after fees are deducted.

LEGAL BRIEF: ARE YOU LIABLE WHEN YOU SERVE ALCOHOL TO GUESTS?

Hosting a holiday party? Perhaps you're wondering what your legal liability is with regards to serving alcohol.

Under Illinois law, hosts are not legally liable to guests - adults or minors - to whom they serve alcohol. Nor are hosts liable to any person who is injured by an inebriated guest. Of course, it is a crime to serve alcohol to anyone under 21, even in your own home.

Our suggestion: whip up your traditional holiday eggnog if that's your pleasure…but always act responsibly when serving your guests.

TRIATHLON RUN-DOWN…AND A HEART-FELT THAN YOU

Triathlon Run-Down…and a Heart-Felt Thank You

Thanks from the heart to all who supported my personal fundraiser for ALS this summer. I'm thrilled to report that more than $6,700 was raised for the Les Turner Amyotrophic Lateral Sclerosis Foundation.

As you may know, I dedicated my participation in the Lake Geneva Olympic triathlon to my good friend Steve Nardini, who was stricken with ALS - or Lou Gehrig's Disease - three years ago.

As promised, I printed the names of my contributors on the shirt I wore during the biking and running portions of the competition. Later, I had it framed and presented it to Steve, who was thrilled.

Ironically, of the 40 or so triathlons I have competed in over the last 16 years, this was undoubtedly the toughest. The combination of stiff winds and high humidity made for particularly challenging conditions. Was it worth it? You bet! Thanks again.

My specialty is personal injury and worker's compensation issues, and I've built my practice by looking after the best interests of my clients. If I can be of service to you or someone you know, please don't hesitate to contact me.

“Silver Bulletin” is a trademark of Barry S. Silver, PC, Attorney-at-Law