One question that car accident victims frequently ask is, “how long do you have to get a lawyer for a car accident?” You have two years to file a car accident lawsuit in Illinois. As such, you can get a lawyer any time, as long as this two-year timeline doesn’t lapse. However, it’s in your best interest to get a lawyer involved soon after an accident. Doing that allows your lawyer to investigate the accident while the scene is fresh, collect evidence to prove the other driver’s negligence, and oversee negotiations with insurance companies. The lawyer can also present your case in court if the insurer denies your claim, is uncooperative, or negotiations fail.
Don’t hesitate to call Chute, O’Malley, Knobloch, and Turcy, LLC, at 312-775-0042 if you were involved in a car accident in Illinois.
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What Is the Legal Timeline for a Car Accident Lawsuit in Illinois?
There are legal timelines set for when you can file a suit in Illinois and other states. These timelines are collectively known as the Statute of Limitations. The legal timeline for car accident lawsuits in Illinois is two years.
If you are even a day late, your personal injury claim becomes time-barred, meaning you have lost your right to be heard in court regarding your car accident claim. Often, when you send a demand to the liable party after the deadline, the liable party’s attorney will realize that you are time-barred. The attorney will likely apply to have the case dismissed on that ground.
While you have two years to file, it’s best to speak to a lawyer as soon after your accident as possible. This is beneficial for several reasons.
The first is that your attorney is familiar with statute of limitations and will act within the stipulated car accident injury claim time frame. In scenarios where you can’t compute damages soon after the accident, your attorney will disrupt the statute of limitations by filing a motion in court, asking the defendant to settle the claim. This resets the clock even when settlement is not reached immediately.
For example, you can get into an accident and suffer severe injuries where recovery will take years. In such a scenario, you should receive treatment and reach Maximum Medical Improvement (MMI) to get a clearer picture of your injuries, medical costs, and future healthcare costs. What car accident attorneys do is file a motion in court to ensure the matter is not time-barred.
Another reason you need to talk to an attorney immediately is because the attorney will offer invaluable advice and direction on your case. This includes conducting investigations when details of the accident are fresh, speaking to insurers on your behalf, and helping you with documentation and record keeping.
When to Get a Lawyer for a Car Accident
No law requires you to get a lawyer after a car accident. Similarly, not all car accidents will require you to get a lawyer. So, knowing when to hire a car accident lawyer can prove helpful.
Be sure to hire a car accident lawyer in the following scenarios:
Liability Is Unclear
In some accidents, liability is clear to the parties involved. In others, however, liability can be unclear or disputed.
Other times, the liable party’s insurance fails to respond. These outcomes complicate the compensation process because the liable party’s insurer is responsible for compensating the victim. Here, having an attorney can be beneficial. An attorney communicating to the insurer by itself adds some weight and seriousness to your claim. It can also give you some traction even from a previously unresponsive insurer.
Your attorney will investigate the matter, scrutinize police reports, take witness statements, and secure footage to prove liability. Once liability is established, you are one step closer to compensation.
You Were Severely Injured
You can file a claim without legal help if you escaped unscathed and did not suffer significant property damage. It’s prudent to bring a lawyer on board if you get seriously injured in a car accident. The same goes for when you have been injured but aren’t quite sure about the extent of your injuries.
If you are severely injured, your time and attention are diverted to recovery. Hiring an attorney allows you to focus on healing or nursing a loved one, as your attorney protects your legal interests.
Additionally, car accidents can leave you with mounting medical bills, loss of income, pain and suffering, and physical and emotional pain. An attorney is crucial in assessing and computing damages within set guidelines and by looking at compensation given in comparative cases.
The Liable Driver Is Uninsured
As of 2022, an estimated 16% of drivers in Illinois were uninsured. When you sue for compensation, you sue the liable party, but it’s the liable party’s insurer who settles the claim.
If the liable driver is uninsured, your lawyer would look into other options to get you compensated. The primary one would be getting compensated via your uninsured motorist coverage.
The Insurance Company Is Unreasonable
Insurance companies make money by limiting the number of claims they pay and paying the least amounts possible. Unfortunately, it’s not uncommon for insurers to act in questionable ways.
These deceitful tactics can include offering a lowball sum to settle the suit and tricking you into admitting liability so they don’t pay you. Get an attorney to handle the matter anytime the liable party’s insurer contacts you. Involving an attorney ensures your interests are protected.
How to Find the Right Lawyer After Your Car Accident
Choosing the best car accident lawyer increases the likelihood of a positive outcome from your auto insurance claim or lawsuit. Consider the following factors when selecting the best lawyer for your unique legal situation:
Experience Handling Illinois Car Accident Claims
You need an attorney with experience in handling car accident claims successfully. A high success rate tells you that an attorney or a law firm knows how to win a car accident case, and that there is a good chance they will deliver a win for you as well.
Once you begin vetting attorneys, focus on finding personal injury attorneys with experience in car accident lawsuits, including those involving minor and catastrophic injuries.
Reputation
You need a lawyer of good repute, which means the lawyer carries out his or her dealings above board. This will require a little groundwork. The internet is a great place to start. Search the lawyer or law firm’s name and see what an organic search brings up. Look at reviews and what other people say about them, and find news articles and content as well. Steer clear from attorneys with disciplinary cases and those with too many negative reviews.
Similarly, see which professional bodies they belong to and other accolades. Attorneys who belong to multiple professional bodies are often very serious about their careers and sticking to the professional codes stipulated by those bodies and associations.
Rapport
A car accident case can take weeks, months, or even years. If your legal matter takes a while, you will be going the distance with your attorney. As such, you need someone comfortable talking to and asking questions. The attorney should be open and transparent with information regarding your case. The attorney should also be happy and willing to offer counsel while allowing you the time and grace to think through things and make decisions.
This requires you and your attorney to have a good rapport. Unfortunately, there is no clear way to figure this out. However, listen to your gut and pay attention to how they respond to you in your initial consultations. This can help you pick someone you feel good about.
Fee and Payment Model
Legal fees are often a huge concern for car accident victims considering legal action. Fortunately, some firms or attorneys handle these cases on a contingency fee basis. This means the firm or attorney doesn’t bill you for their services during the case. Upon a win, they will take a percentage of what you have been awarded as compensation.
This billing works great as it allows you to get legal representation without worrying about coming up with legal fees. It also incentivizes your lawyer to give his or her best, since the lawyer will only get paid after winning. The bigger the settlement the lawyer wins for you, the better they earn. It’s a win-win situation.
The period following a car accident is often a tough, confusing time. Our role during this time is to provide car accident victims with the right legal counsel in Illinois. We do this by recognizing that each individual is entitled to a personalized representation and individualized attention. If you just got into a car accident and need a legal partner to walk the journey with you, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC.