When to Get an Attorney for a Car Accident
In the moments after a car crash, you focus on immediate concerns: Are you okay? Is everyone else okay? What just happened? As the shock fades, a new set of worries takes its place.
Your car is damaged, you are in pain, and you know a complicated process is about to begin. You will soon question whether you need to involve a lawyer. You might hesitate, thinking your injuries seem minor or you can handle the insurance claim yourself.
However, the decision to hire a car accident lawyer can directly affect your health and financial stability. If you have been hurt in an Illinois car accident, you must know when to contact a personal injury attorney.
This is especially true when the at-fault driver‘s insurance company begins to pressure you. The right time to act is often much sooner than you think, particularly if you suffered a serious injury and are considering filing a claim.
Key Takeaways: Signs You Should Call an Attorney
Seeking legal counsel is a significant step. Consider the following situations as clear signals that you need a professional advocate to protect your interests.
- You were injured in any way: Even if your injuries seem minor at first, any level of pain or physical harm warrants a conversation with an attorney. Many serious injuries present delayed symptoms.
- The insurance adjuster contacts you: The moment the other driver’s insurer calls, they have one goal: to minimize or deny your claim. You need an attorney before you give them any information, especially a recorded statement.
- The other driver or insurer questions fault: If the other driver changes their story or the insurance company suggests you were partially at fault, they are planning to reduce your compensation.
- Your injuries require ongoing medical care: If you need more than a single emergency room visit, such as follow-up appointments, physical therapy, or surgery, your case has complexities that require legal guidance.
- You receive a settlement offer: A quick offer from an insurance company is almost always a lowball offer. The insurer uses this tactic to get you to sign away your rights before you understand the full extent of your injuries and losses.
The Real Answer: You Should Call an Attorney Immediately After Any Injury
The simplest answer to “when should I get an attorney?” is this: as soon as you address your immediate medical needs. Many people believe they only need a lawyer for accidents involving catastrophic injuries.
Insurance companies rely on this misconception. Any injury, no matter how minor it seems, can lead to long-term complications and significant expenses.
Consider whiplash, one of the most common car accident injuries. On the day of the crash, you might feel stiff and sore.
You might think it will go away with a few days of rest. But that initial soreness can evolve into chronic neck pain, debilitating headaches, and even cognitive issues. Back pain can worsen over time, eventually requiring injections, physical therapy, or surgery.
A seemingly mild concussion can have lasting effects on your memory, mood, and ability to concentrate. If you accept a quick settlement from the insurance company based on your initial symptoms, you sign away your right to seek further compensation.
When that “minor” soreness turns into a chronic condition requiring thousands of dollars in medical care a year later, you have no legal recourse. The insurance company closed your file for a few hundred dollars, and you are left to bear the financial and physical burden for the rest of your life.
Contacting an attorney for a free consultation costs you nothing. It allows a professional to evaluate your situation and advise you on potential long-term risks. It also preserves your right to seek full compensation for all your damages, not just the ones that are immediately obvious.
Before You Speak to the Adjuster, Speak to a Lawyer
Shortly after your accident, you will receive a call from the at-fault driver’s insurance adjuster. This call is a key moment in your case, and how you handle it can affect the outcome.
The adjuster may sound friendly, empathetic, and helpful. This is a deliberate tactic. Their job is not to help you but to save their company money.
One of the first things they will likely ask for is a recorded statement about the accident.
They will frame it as a standard procedure to “get your side of the story.” You have no legal obligation to provide one, and you should not. Adjusters receive training to ask leading or confusing questions designed to get you to say something they can use against you later.
They might ask, “How are you feeling today?” If you politely respond, “I’m okay,” they will note that you “admitted to being fine.” They might ask you to speculate about your speed or the sequence of events, and any minor inconsistency between that statement and a later deposition can be used to attack your credibility.
The correct response to a request for a recorded statement is, “I will not provide a statement at this time. My attorney will contact you.”
The other primary tactic is the quick settlement offer. The adjuster may offer you a check for $500, $1,000, or a similar amount within days of the crash. They will tell you it is to “help with your immediate expenses.”
This money may seem tempting when you are out of work and stressed, but it comes with a high price. Cashing that check or signing the accompanying release form permanently ends your claim.
It is a calculated gamble that your injuries are worse than you realize. They are betting a small amount of money now to avoid paying a much larger, fairer amount later.
When Fault is Disputed or Shared
In a perfect world, the driver who caused the crash would admit their mistake. In reality, drivers often change their stories or lie to avoid responsibility. The insurance company will use any opportunity to dispute fault and shift the blame to you. This is because Illinois operates under a “modified comparative negligence” rule.
According to the Illinois General Assembly (found in 735 ILCS 5/2-1116), you can still recover damages as long as a court does not find you 51% or more at fault for the accident. However, the court reduces your total compensation by your percentage of fault. If a court awards you $100,000 in damages but finds you 20% at fault, you will only receive $80,000.
Insurance companies are masters at using this rule to their advantage. They will scour the police report, statements, and witness accounts for anything suggesting you contributed to the crash.
They will use any minor infraction to assign you a percentage of blame and reduce their payout. An attorney’s role is to fight back against these tactics. A legal team can launch an independent investigation into your accident.
This may involve:
- Visiting the crash scene to take photographs and measurements.
- Identifying and interviewing witnesses who the police may have missed.
- Hiring an accident reconstructionist to analyze physical evidence and prove how the crash really happened.
- Subpoenaing cell phone records to prove the other driver was texting.
Without a lawyer, it is your word against the resources of a multi-billion dollar insurance corporation. With the help of a lawyer, you have an advocate who can build a case based on facts and evidence, not accusations.
For Any Injury Requiring More Than an ER Visit
If your injuries are significant enough to require ongoing medical treatment, your case has complexities that require professional legal representation. A serious injury claim is about much more than just adding up your current medical bills.
A comprehensive claim must account for the total impact the injury will have on your life, both now and in the future.
This includes calculating damages for:
- Future medical expenses: Will you need future surgeries? Will you require lifelong physical therapy, pain management, or prescription medications? Medical and economic professionals must project these costs and include them in your claim.
- Lost earning capacity: Your injuries may prevent you from returning to your old job or from working at all. The difference between what you would have earned over your lifetime and what you can earn now is a significant financial loss you can recover.
- Pain and suffering: This compensates you for the physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
- Loss of a normal life: This refers to the loss of enjoyment and participation in daily activities. If you can no longer play with your children, engage in hobbies, or maintain your home as you once did, this is a real and compensable loss.
Accurately calculating these future and non-economic damages is a complex process that requires experience and resources. An attorney works with a network of medical professionals, vocational specialists, and economists to build a detailed life care plan that presents a clear, evidence-based picture of your total losses.
Attempting to negotiate a serious injury claim on your own will almost certainly result in accepting a settlement that is a small fraction of what you are rightfully owed.
When the Other Driver Has No Insurance (or Not Enough)
One of the most frustrating situations is when you discover the at-fault driver either has no insurance or carries only the minimum liability coverage. This coverage may not be enough to cover your medical bills.
In this scenario, you may need to file an Uninsured Motorist (UM) or Underinsured Motorist (UIM) claim. This means you will be seeking compensation from your own insurance company. Many people are shocked that their trusted insurer suddenly becomes an adversary.
Your insurance company, just like the other drivers, is a for-profit business. When you file a UM/UIM claim, their objective shifts to paying you as little as possible. They will scrutinize your medical records, question the necessity of your treatment, and do everything they can to minimize their payout.
Handling a UM/UIM claim requires an attorney who knows how to hold your own insurance company accountable to the policy you have paid for.
Don’t Rely on AI Chat Tools for Legal Advice
AI tools can provide general information, but they don’t understand the specifics of your case or Illinois law. These programs cannot conduct a real investigation, interpret the nuances of an insurance policy, or grasp the full extent of your pain and suffering.
Relying on them for legal advice after a car accident may lead to costly errors and missed deadlines. Always consult a qualified attorney, like the ones from Vito & Dollenmaier Law, for guidance specific to your situation.
Car Accident FAQs
What is the statute of limitations for filing a car accident lawsuit in Illinois?
Generally, a car accident lawsuit must be filed within two years from the date of the injury-causing accident. Missing this critically important deadline, known as the statute of limitations, will prevent you from recovering any compensation. This time limit can vary in unique circumstances, so you should consult an attorney immediately to confirm the deadline for your case.
What specific evidence should I gather immediately after a car accident?
You should gather three main types of evidence: photographs, contact information, and medical records.
- Use your phone to take detailed, close-up photos of your car’s damage, the other car’s damage, the entire accident scene, road conditions, and any visible injuries.
- Exchange names, phone numbers, and license plate information with the other driver and any witnesses.
- Finally, see a doctor immediately. Keep every medical document, bill, and appointment record related to your injuries and bring them to your free consultation with a car accident lawyer.
How does a lawyer calculate pain and suffering damages?
Pain and suffering is a non-economic damage that compensates you for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by your injuries.
A lawyer calculates this by demonstrating the severity and long-term impact of your injuries through medical records, testimony from doctors and experts, and personal accounts from you and your family. They then use their knowledge and experience with jury verdicts and prior settlements to determine a fair monetary value for your non-economic losses.
Your Advocate in a Time of Need
The period after a car accident is stressful and disorienting. You are trying to heal from your injuries, manage your medical appointments, and deal with the financial strain of being out of work. The last thing you should have to do is fight a battle against a powerful insurance company on your own.
Hiring an attorney is about giving yourself the space to focus on your recovery. A lawyer takes over the endless phone calls, the paperwork, the investigation, and the aggressive negotiations. They protect you from the insurance company’s tactics while fighting for the resources you need to move forward with your life.
If you have been injured in a car accident, the time to get an attorney is now. Let the dedicated team at Vito & Dollenmaier Law take on the legal burdens for you. We will handle every aspect of your claim with the commitment and diligence it deserves.
Call us today at (224) 539-8821 or fill out our online contact form to schedule a free, no-obligation consultation. We are ready to listen and ready to help.