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Injured Plaintiffs to Receive Higher Award Ratio Under New State Law


Attorney Ted McNabola recently had an article published in the Chicago Daily Law Bulletin on some of the challenges that injured plaintiffs face when seeking compensation for their injuries. Too often, he says, seriously injured plaintiffs are unable to obtain the compensation they need because the defendant has insufficient insurance. To compound the problem, the compensation they are able to get is further reduced by liens from their own insurers seeking to reclaim some of what they paid for medical care. Sadly and unfairly, this can result in the insurer receiving more than the injured person.

However, House Bill 5823 seeks to change that. The new law, which seeks to amend the Health Care Services Lien Act, reduces the amount that insurance companies can collect from a plaintiff’s award when full damages cannot be paid out. Under the law, the insurance company claims can be cut proportionally to the drop in the plaintiff’s recovery. For example, if a plaintiff sustains an injury worth $1 million but has to settle for the defendant’s $100,000 insurance coverage, any lienholders’ claims would also drop by 90 percent.

According to McNabola, “sometimes, the most just solutions are the most simple.”

To view the article in its entirety, click here.