A car accident can leave an injured person facing medical bills, missed paychecks, and calls from an insurance company, often in the same week. Many people are unsure what personal injury lawyers do in these situations, or whether hiring one makes sense for them.
In general, car accident lawyers investigate the crash, negotiate with insurance providers, and prepare the case for court if an agreement cannot be reached. Here is what drivers in Chicago’s northwest suburbs should know about each step and their legal representation options.
What Do Personal Injury Lawyers Do After a Car Accident?
The first step is usually an investigation. Evidence can be lost quickly, as surveillance footage may be recorded over and witnesses’ memories tend to fade. For that reason, attorneys typically work to collect the police report, photographs of the scene, witness statements, medical records, and insurance policies that may apply.
Next, the attorney estimates what the claim may be worth. This generally includes medical expenses, property damage, and pain and suffering, as well as care the injured person may need in the future. Lost wages claims are also common, and they usually require pay stubs, employer verification, and a doctor’s note connecting the missed work to the crash.
Timing can matter as well. A signed settlement is generally final, so resolving a claim before treatment is complete may leave later medical costs uncovered.
How Does Insurance Settlement Negotiation Work?
Many car accident claims are resolved through a settlement rather than a trial. The process often begins with a demand letter outlining the basis for fault, the injuries, the documented losses, and a requested amount. The insurance adjuster then responds, frequently with a lower figure.
From there, the two sides may exchange offers as additional records are provided. Adjusters work for the insurance company, and they may point to a gap in treatment, a prior injury, or limited vehicle damage as reasons to pay less. The attorney’s role is to respond with documentation and to explain each offer, including its risks and alternatives. The decision to accept or reject a settlement belongs to the client.
What Happens if the Case Goes to Litigation?
If negotiations do not produce an acceptable offer, the next step may be filing a lawsuit. Filing does not necessarily mean the case will go to trial, as many cases still settle afterward.
Personal injury litigation generally begins with a complaint filed in the appropriate court. Both sides then exchange documents and written answers in a process called discovery, and attorneys may take depositions of the drivers, witnesses, and treating doctors. Additionally, some cases are referred to mediation or court-ordered arbitration before trial. If the case still does not settle, it may go to trial, where a judge or jury decides the outcome. Neither side can be sure how a trial will end.
What Illinois Laws Affect a Car Accident Claim?
Several Illinois rules can shape a claim. First, a personal injury lawsuit generally must be filed within two years of the crash. Some claims carry a shorter deadline, including many against local government entities under the Tort Immunity Act, and exceptions can apply.
Second, Illinois follows a modified comparative negligence rule. An injured person’s recovery is generally reduced by their share of fault and typically barred if that share exceeds 50%.
Finally, Illinois generally requires drivers to carry at least $25,000 per person and $50,000 per crash in bodily injury liability coverage. Serious injuries can exceed those amounts, in which case the injured person’s own underinsured motorist coverage may come into play.
What is Contingency Fee Representation?
Most personal injury lawyers handle car accident cases on a contingency fee basis. In other words, the attorney is paid a percentage of the amount recovered rather than an hourly rate. Under this arrangement, there is typically no upfront retainer, and the attorney’s fee generally depends on the case producing a recovery.
Fee terms vary from firm to firm, so it is worth reading the agreement carefully before signing. Useful questions include what the percentage is, whether it changes if a lawsuit is filed, and how case costs such as filing fees and expert witnesses are handled.
Hiring a Personal Injury Lawyer for a Car Accident Claim
Not every crash requires an attorney. A minor collision with no injuries can sometimes be handled directly with the insurance company. However, if you were hurt, missed work, or the insurer disputes fault, it may be worth speaking with a lawyer before giving a recorded statement or signing a release.
If you or someone you know was injured in a car accident in Rolling Meadows, Schaumburg, Arlington Heights, Wheeling, or elsewhere in the northwest suburbs, the attorneys at Vito & Dollenmaier Law are available to help. We can evaluate your claim, negotiate with insurance providers, and file a lawsuit on your behalf if necessary. Contact us for a free consultation.