Wondering how car accident settlements work in Illinois? Car accident settlements involve a comprehensive investigation, evidence collection, negotiations with the insurance company, and other steps. Depending on the situation, you may file a claim with your own insurance company or the other driver’s policy if they were at fault.
Understanding what to expect in every aspect of the settlement process can be critical. Remember that working with a Chicago car accident lawyer is a critical part of the process and could help you maximize the compensation you recover.
A Comprehensive Investigation
Before a car accident settlement can happen, you must submit a claim to the responsible party. As the victim, all of the responsibility of proving who is at fault and what they owe you is on your shoulders (or that of your attorney). That means a comprehensive investigation must take place. Here are some elements in that process:
- File a police report if you have not yet. A police report should incorporate any evidence police obtained at the scene of the accident.
- Utilize photos of the accident scene as well as any video from the surrounding area to help you demonstrate who was at fault.
- Gather the names and contact information for witnesses who can shed light on what happened before or during the accident.
- Utilize third-party accident reconstruction specialists to determine what occurred to lead to the accident.
- Work with industry experts to develop a clear understanding of all parties at fault, including any third parties who may have contributed.
Once you identify all parties at fault, it is then possible to seek legal action against those responsible. That legal action is the filing of a comprehensive claim that documents all of your losses.
Build a Clear Claim with All Losses Backed by Evidence
The next step in a car accident settlement is to submit a claim that outlines all of the losses you have and presents evidence of them to the at-fault party, or more commonly, their insurance. This process also must involve an investigation to pinpoint all losses you have, including financial, physical, and emotional. Your claim may include:
- Expenses for medical bills incurred at the time of the accident and onward
- Future expected healthcare needs, including in-home support, future surgeries, medications, and modifications to your home or transportation
- Loss of earnings, including payment for time you could not go to work because of your injuries and applicable losses for benefits, PTO, and bonuses
- Property damage documentation that shows the value of repairing or replacing your vehicle
- Pain and suffering claims that outline your rights to compensation for the experiences you have had at the time of the accident and onward
- Emotional trauma and mental anguish associated with the accident
In cases where someone suffers catastrophic injuries or loses their life, the compensation requested from the insurance party is likely to be substantially different. Working with a car accident lawyer in Illinois aids in protecting your right to a fair recovery of these losses.
How Car Accident Settlements Work in Illinois: Negotiation with the Insurance Company
Once you submit a claim to the insurance company for the losses you have, the insurance company then must take steps to investigate and build its own case. The insurance company is likely to backtrack and try to disprove any of the claims you make for losses and fault. It is their job to reduce any compensation paid to you.
Adjusters may use one of numerous tactics to reduce the amount of compensation paid to you, including delaying your claim, outright denying it, or providing you with constant requests for more information. These tactics aim to frustrate you. If you are working with a car accident lawyer in Illinois, they will handle this process for you, negotiating fiercely to protect the value of your claim.
It is expected that some negotiations will occur, and in some cases, the insurance company will agree to settle the claim. That means they pay you and you move on. However, there are times when this is not enough to get them to settle fairly, and that is when you have the right to take further action.
Filing a Lawsuit for the Losses You Have
Under the Illinois statute of limitations (735 ILCS 5/13-202), most victims with personal injuries have two years from the date of the injury to file a lawsuit in an Illinois court of law against the at-fault party. Your attorney will file a lawsuit with the court demanding payment for your losses.
That will trigger a discovery period during which the attorneys representing the at-fault driver will investigate, ask questions, demand additional information, and seek to refute the claims. Often, a car accident settlement in Illinois is reached here before the case goes to trial.
Most lawsuits are expensive for insurance companies, and they want to settle out of court. Yet, your attorney will not give in to pressure, and they will continue to fight for truly fair compensation for you. That could mean going to trial.
If your case goes to trial, a judge or jury will hear all of the details involved and then make a decision about who is at fault and what they should pay. There are additional costs and time involved in this process, but when your claim is substantial, it is worth taking these steps. Work closely with your attorney to navigate the entire process.
Seek Out a Free Consultation with Our Car Accident Lawyer in Illinois Now
The entire process of seeking a car accident settlement in Illinois can be complex and frustrating. With the help of our legal team at Charlie Therman Injury & Accident Lawyers, P.C., you will have an advocate working for you throughout this process. We have handled many cases with challenging insurance companies and complex claims.
Set up a free consultation with our car accident lawyer in Chicago now. Let us discuss your legal options and rights with you to determine your next steps. There is no risk in working with us. You only pay your attorney when you win your case.
