Naperville Car Accident Lawyers
If you suffered injuries in a car accident in Naperville, Chicago, or one of the surrounding communities, you may be entitled to a sizable financial award.
When you’re in pain, traumatized, and you’re dealing with doctors and surgeons and ongoing medical care, however, the last thing you need is to be negotiating with a reluctant insurance adjuster.
Contact our experienced Naperville car accident lawyers at Chute, O’Malley, Knobloch & Turcy, and let our legal team shoulder the challenges of your injury case so you can focus on your recovery.
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Table of Contents
ToggleWhy Trust Our Car Accident Attorneys?
Our team of Naperville car accident attorneys brings decades of combined experience to help you win your case. We’ve recovered millions in compensation for our clients, demonstrating our commitment to achieving optimal results. Our attorneys are known for their aggressive representation, personalized approach, and in-depth knowledge of the complicated injury laws in Illinois. We work on a contingency fee basis, meaning you pay nothing unless we win your case. With our resources, skill, and unwavering dedication, we’ll fight tirelessly to secure the compensation you are entitled to receive.
We’ll Maximize Your Compensation
Complicated injury cases often involve multiple at-fault parties and numerous insurance policies. Even if liability in your car accident case initially appears to be cut and dry, our attorneys will investigate to determine whether additional sources of compensation may be available. We’ll help you file claims against all at-fault drivers, negligent vehicle manufacturers, and even government entities who played a role in causing your injuries.
We’ll Create Personalized Legal Strategies
You are not just another injury case when you hire our law firm. Your satisfaction, your well-being, and your full recovery, are important to us. Your case outcome is not successful unless you’re happy with the results. To ensure we deliver first class legal representation to you and your family, our attorneys will evaluate all the details of your accident, the ways your injuries impact your life, and your goals to create a customized legal strategy that’s specific to your case.
We Won’t Charge Upfront Fees
You shouldn’t have to worry about the cost of hiring a car accident attorney, or paying for legal fees when you’re already dealing with the aftermath of a crash that was caused by someone else. To make sure injured people in Naperville have access to legal representation to help them pursue compensation for their losses without any additional financial risk, we handle car accident cases on contingency. We’ll only charge you attorney fees if we win your case.
Client Testimonials
My wife was head on hit in her lane while driving home. She had multiple injuries and the car was totaled.
Although the at fault driver got 5 tickets for the violence driving, but the worst case was that driver does not have insurance.
Michael Knobloch helped us go through the difficult time. One year later, we got the settlement with my own car insurance company for the compensation, and my health insurance company for the huge medical bill. We are very happy with the results. Thanks a lot, Mike.
Everyone was outstanding, great communication and helpful in explaining how this process would work.
I highly recommend Tom and his team.
I was unceremoniously included in a physics lesson that the driver behind me was forced to learn because a cigarette had the opportunity to demonstrate the laws of gravity as well as angular momentum to the driver. After the accident I wanted legal advice but all of the heavily advertised law firms had that “Better Call Saul” / ambulance chaser feel. What I wanted was a Law Firm that I felt comfortable with and I could trust. So, I asked my Uncle for a recommendation. Chute, O’Malley, Knobloch & Turcy was at the top of his list as well as his friends list. My Uncle and his friends and been using this Law Firm for decades for much more serious injuries than mine. Thomas Chute was my lawyer and he was excellent. That said, what I was most impressed with was the staff. Each was a joy to interact with, got my dark sense of humor and were thoroughly knowledgeable about what questions they could and could not answer with regard to legal inquires. The fact that every person, including Thomas, was a joy to work work with speaks volumes to the leadership at Chute, O’Malley, Knobloch & Turcy.
Understanding the Basics of Car Accident Claims in Naperville
Understanding the basics of car accident cases can help you navigate the claims process more effectively if you’re involved in a car accident in Naperville.
What’s Involved in an Illinois Car Accident Case?
Illinois is an at-fault state when it comes to car accidents. This means that the driver who is determined to be responsible for causing the accident is also responsible for any resulting damages or injuries. When you pursue damages for your car accident injuries and losses, you’ll need to consider the following.
Proving Fault
After an accident, it’s crucial to gather evidence that can help establish who was at fault. This may include police reports, witness statements, dashcam footage, and photographs of the accident scene. The more evidence you have that demonstrates negligence on the part of the other driver or drivers, the better your chances of recovering compensation.
Insurance Claims
The at-fault driver’s insurance company is typically responsible for covering the costs of damages and injuries to other parties involved in the accident. Not all insurance policies have equal amounts of coverage, however. If the at-fault driver’s insurance policy limits are not high enough to cover your losses, additional policies or other sources of compensation may be available.
Comparative Negligence
Illinois follows a modified comparative negligence rule in personal injury cases. This means that if you’re found to be more than 50% at fault for the accident, you cannot recover damages from the other party. If you are 50% or less at fault for the accident, you can recover compensation, but your award will be reduced accordingly.
Statute of Limitations in Naperville Car Accidents
In Illinois, you generally have two years from the date of the accident to file a personal injury lawsuit, and five years for property damage claims. Exceptions may apply to your case, and an attorney can provide you with case-specific information. Just remember – if you wait too long to hire a car accident lawyer and take legal action, you will lose your right to recover compensation through the legal system.
Minimum Insurance Requirements
All drivers in Illinois are required to carry minimum liability insurance coverage to protect against losses incurred in motor vehicle accidents. Minimum coverage requirements in Illinois are: $25,000 for the injury or death of one person, $50,000 for the injuries or deaths suffered by two or more people, and $20,000 in property damage coverage.
Uninsured/Underinsured Motorist Coverage
UM/UIM coverage can protect you if you’re in an accident with a driver who doesn’t have insurance, doesn’t have enough coverage, or leaves the scene of a crash. To recover compensation in one of these situations, you’ll need to file a claim against your own insurance policy. Keep in mind – just because it’s your own insurer doesn’t mean the adjuster will play fair. Concerns over their own bottom line will take priority over your recovery.
Where Do Car Accidents Happen Most Often in Naperville?
Car accidents can happen anywhere, but certain intersections and roadways in Naperville are known for frequent crashes. Local police and IDOT data consistently point to a handful of dangerous spots where drivers should take extra caution:
- Route 59 & Ogden Avenue (US-34): One of Naperville’s busiest intersections, Route 59 and Ogden sees heavy commuter traffic, retail traffic, and frequent lane changes. Rear-end and left-turn collisions are common here.
- Route 59 & Aurora Avenue/Liberty Street: This high-volume area near shopping centers is a hotspot for distracted driving crashes.
- Washington Street & Chicago Avenue (Downtown Naperville): With pedestrians, cyclists, and heavy traffic all converging, this intersection is notorious for accidents.
- Route 59 & I-88 Interchange: Frequent merging and high speeds at this interchange lead to serious crashes, including truck accidents.
- 75th Street & Plainfield-Naperville Road: Another intersection with heavy congestion, leading to sideswipe and rear-end collisions.
These accident hotspots highlight just how quickly a routine drive in Naperville can turn dangerous. Our attorneys know these roads and the challenges that come with proving fault in local collisions.
How to Recover Compensation in a Naperville Car Accident Case
In most car accident cases in Illinois, victims start the recovery process by filing claims against the at-fault driver’s auto insurance policy. Sometimes, further investigation leads to claims or lawsuits against additional at-fault parties, however, like parts manufacturers, mechanics, or government entities. If you hire a car accident lawyer to handle your case, he or she will determine who you can file a claim against, and take care of this part for you.
To increase your chances of recovering compensation, your lawyer will gather evidence to submit to the insurance company, including information about the amount of your losses. This is typically when car accident settlement negotiations begin.
Will your car accident case go to trial? Probably not. It is a common misconception in Illinois that complicated claims and those with severe injuries always lead to lengthy trials. However, while the insurance company will usually fight harder against high-value car accident claims that involve large payouts, roughly 95% of injury cases still settle out of court.
What Are Damages in a Car Accident Case?
In a car accident case, “damages” refer to the financial compensation that an injured party may be entitled to receive. The compensatory damages are intended to cover the losses suffered as a result of the accident. In Naperville and throughout Illinois, damages in a car accident case typically fall into two main categories: economic and non-economic damages. In some cases, punitive damages are awarded as well.
Economic Damages
Economic damages, also known as “special damages”, are the financial, or material, losses suffered by the car accident victim. These losses are calculated by adding up medical bills, statements, and receipts, evaluating wage and earnings statements, and sometimes consulting with financial experts. Your damages in a car accident case might include:
- Lost Wages
- Medical Care
- Medications
Non-Economic Damages
Non-economic damages, or “general damages”, are the non-financial losses suffered because of your accident. These losses are subjective. They are more difficult to assign a monetary value to since they are not linked to bills or financial statements. After a car accident, non-economic damages might include:
- Physical Pain
- Emotional Trauma
- Loss of Enjoyment of Life
Punitive Damages
Punitive damages may be awarded in your car accident case if the at-fault driver’s behavior was particularly egregious or intentional. These are different from compensatory damages, which are intended to make the victim “whole”. Instead, punitive damages are designed to punish the wrongdoer and prevent similar acts from occurring in the future. They might be awarded in cases involving:
- Aggressive Driving
- Drunk Driving
- Hit-and Run Accidents
Why Local Representation Matters in Naperville Car Accident Cases
When you’re recovering from a car accident, it may feel like any lawyer can handle your case. In reality, hiring local attorneys who are familiar with Naperville and DuPage County can make a big difference in the outcome.
Our lawyers know the DuPage County Courthouse, the judges who hear personal injury cases, and the local rules that apply to accident lawsuits. We also have experience working with Naperville police reports, local accident reconstruction experts, and medical providers throughout the community.
Because we live and work here, we also understand the unique driving risks in Naperville, from heavy commuter traffic on I-88 and Route 59 to congestion in downtown Naperville near Chicago Avenue and Washington Street. This local knowledge helps us anticipate challenges in your case and build stronger arguments on your behalf.
Hiring a local Naperville car accident lawyer isn’t just convenient. It ensures your case is handled by someone who knows the roads you drive and the courts you’ll face.
Frequently Asked Questions About Naperville Car Accidents
Do I need to report a car accident in Naperville to the police?
Yes. In Illinois, you must report any accident that causes injury, death, or more than $1,500 in property damage ($500 if either driver is uninsured). In Naperville, police usually respond to the scene and file an official crash report. That report often becomes a key piece of evidence in your case.
Will my case be filed in DuPage County court?
If your accident happened in Naperville, your case will most likely be filed in the 18th Judicial Circuit Court at the DuPage County Courthouse in Wheaton. However, if your crash occurred near Naperville’s borders or involved parties from other counties, the case could be filed elsewhere. Your attorney will determine the proper venue for your lawsuit.
Do I need a lawyer if the insurance company already offered me a settlement?
You are not required to hire a lawyer, but it’s risky to accept the first settlement offer without legal advice. Insurance companies often make low initial offers to close claims quickly and cheaply. An attorney can review the offer, calculate the true value of your losses, and negotiate for a fair settlement that covers your medical bills, lost wages, and future needs.
How much does it cost to hire a Naperville car accident lawyer?
Most car accident lawyers, including our firm, work on a contingency fee basis. This means you pay no upfront costs and no hourly fees. We only get paid if we recover money for you, and our fee comes from a percentage of your settlement or verdict. If we don’t win, you don’t owe us attorney fees.
How long does it take to resolve a Naperville car accident case?
A straightforward claim may settle in a few months, while cases involving serious injuries or disputed liability can take a year or longer. Factors like medical treatment timelines, insurance company cooperation, and whether a lawsuit is necessary all affect how long your case takes. Your lawyer will keep you updated so you know what to expect at each stage.
How Much Is Your Car Accident Claim Really Worth?
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Illinois Car Accident Statistics
- Illinois drivers travel an estimated 100 billion miles every year.
- An average of 285,000 motor vehicle crashes happen annually in the state.
- Of those, more than 1,100 are fatality accidents that cause approximately 1,260 deaths.