Understanding the Illinois legal process, getting treatment close to the time of the accident, thoroughly documenting your accident and injuries, staying off social media, and engaging an experienced attorney will positively influence your car accident case. From tricky laws and deadlines to pushy insurance company representatives, several factors make car accident cases challenging to navigate for the average individual. Laws and insurance companies can complicate even the most straightforward situations.
Call Chute, O’Malley, Knobloch, and Turcy car accident lawyers at 630-412-4747 for more information on winning a car accident case in Naperville.
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How Does the Legal Process Work in Illinois?
Understanding how to win a car accident case in Naperville requires basic knowledge of the Illinois legal process. Familiarizing yourself with the state laws governing car accidents helps you better understand what you have to do to pursue compensation correctly while complying with legal requirements.
Illinois Has a Fault-Based System
Illinois follows a traditional fault-based or at-fault insurance system with regard to car accidents. The driver found at fault for an accident is held financially responsible for the damages arising from the accident. The at-fault driver’s insurance company typically pays out for the resulting damages and losses incurred by victims. You can seek compensation by filing a claim with the at-fault party’s insurance company.
If the at-fault driver’s insurance coverage doesn’t cover all your damages sufficiently, you could seek compensation by filing a personal injury lawsuit against the at-fault driver. Alternatively, you could file a claim against your own uninsured/underinsured motorist (UM/UIM) coverage.
Modified Comparative Negligence Rules and Damage Awards in Naperville
Illinois follows the modified comparative negligence rule in personal injury cases where both parties are found to be partially at fault for an accident. The involved parties are assigned a percentage of blame based on each party’s degree of negligence that contributed to the accident. Under the rule, if you’re partially at fault for an accident, the amount of compensation awarded will be reduced proportionally to your percentage of fault for your accident.
You can collect damages as long as you’re determined to be less than 50% at fault. If you’re found to be 50% or more at fault for the accident, you won’t be able to recover any damages from the other party.
The Statute of Limitations
The statute of limitations sets a time limit for filing a lawsuit after getting injured in an accident. In Illinois, the statute of limitations for filing car accident lawsuits to seek compensation for injuries is generally two years from the accident date. A few exceptions exist that could shorten or extend this deadline. A car accident attorney is best placed to determine the time limits that apply to your situation.
If you miss the statute of limitations window, you’ll lose your right to receive compensation.
Get Medical Care as Soon as Possible
Seeking medical treatment as soon as possible after an accident, even if your injury symptoms are minor or unnoticeable, is crucial to winning a car accident case. Immediate treatment from a medical professional gets your injuries documented close to the time of the accident. This is essential in proving you were injured in the accident. Without immediate treatment and documentation of your injuries, the insurance company may argue that the accident didn’t cause your injuries.
It’s equally important to follow through with your medical appointments and treatment plan. Failure to do so will give room for the insurance company to allege you weren’t really injured or are responsible for your condition worsening.
Call the Police
One of the common mistakes after a car accident is failing to call the police. Calling the police after being involved in an accident is crucial to your case. Informing the police about your accident will result in them collecting physical evidence and creating an official report with important details about your case. It will come in handy when you later file a claim or lawsuit. The report can help determine fault. Car accident cases without police reports are more difficult to settle.
Document Everything
You’ll need to collect and present as much information about the accident and injuries sustained as possible to win a car accident case. Documenting and preserving evidence of your accident and injuries helps determine fault and connect your injuries to the accident.
Document the scene by taking photos of the vehicle positions, license plates, damages to your car, road conditions, traffic signs and signals, and any physical injuries you’ve sustained. Collect the names and contact information of any witnesses who were present at the time of the accident.
Have a strong paper trail to support your damages. Keep a record of your medical appointments, medicine prescriptions, hospital bills, repair estimates, lost wages, and any correspondence related to your crash. Remember, no matter how clearly you can recall the accident, your memory will fade over time. Write down everything you can remember about the accident. Take notes on your medical progress and the effect the injuries have on your everyday life. This will help prove your non-economic losses.
Avoid Posting on Social Media
Avoid sharing details of your car accident on social media, as that could harm your case. Believe it or not, insurance companies actively search for information to discredit your claim, including monitoring social media posts. You should also be mindful of the posts you share that are unrelated to your accident when pursuing a personal injury claim. The defense team could use your posts against you, for example, posts showing you having fun outdoors or with family or friends while your claim says you’re severely injured.
Hiring a Skilled Attorney
Having an experienced and knowledgeable car accident attorney on your side is critical to winning your case. A skilled attorney improves your chances of winning a car accident case and recovering fair compensation without much hassle from your side.
Conducting Independent Investigations
Although insurance companies investigate car accident cases to determine their causes, they’ll do anything possible to limit their insured’s liability for an accident. Therefore, you shouldn’t fully rely on the findings of a car accident insurance investigation. A car accident attorney can do a thorough independent investigation and uncover details the insurer could have overlooked, substantiating your claim.
Some steps an experienced attorney can take when investigating your crash include:
- Getting and reviewing police reports
- Interviewing witnesses
- Obtaining and reviewing photos and surveillance footage of the crash scene
- Subpoenaing cell phone records to show distracted driving
- Obtaining the other driver’s drug or alcohol test results
- Consulting accident reconstructionists, medical experts, and other professionals
A lawyer’s independent investigation can provide accurate information about how your accident occurred and prove the other party’s negligence.
Helping File a Claim Successfully
Successfully filing a claim for damages requires you to gather evidence, calculate your damages, and submit the necessary paperwork. A car accident lawyer will know how to quantify both your economic and non-economic damages to establish the total compensation you’re entitled to. A good lawyer will consider your lost future earnings, future medical bills, and other expected future costs to ensure the compensation amount you request adequately covers both your current and future needs.
After documenting your damages and determining your car accident case value, your car accident attorney will prepare a meticulously crafted demand letter and send it to the appropriate insurance company. A well-crafted demand letter can hugely impact how long it takes to resolve your case and the settlement amount you win.
Negotiating With Insurance Companies
Auto insurers are for-profit companies. They’re known to employ tactics to devalue or deny claims. Settling a personal injury accident claim for a reasonable amount often requires negotiations with the other party’s insurance company.
An experienced car insurance lawyer is familiar with tactics used by insurance companies and won’t be swayed by them. The lawyer will know how to handle back-and-forth interactions with the insurance company representatives and negotiate assertively until a fair settlement is reached. By handling communication with the defendant’s insurance company, a lawyer will protect you from being pressured into accepting a lowball offer.
If an adequate settlement agreement can’t be reached, your attorney will file a lawsuit to take your case to a civil court trial. Car accident cases in Naperville and the rest of Illinois are often resolved through out-of-court settlements between the involved parties with the help of their attorneys.
A car accident attorney will need time to review and compile your case. You’ll also have to be wary of the statute of limitations for filing a lawsuit if necessary, as the clock continues ticking even during settlement negotiations. Therefore, you’ll need to contact your attorney as soon as possible after your accident. For legal help, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to schedule your free consultation.