What does a car accident lawyer do? A car accident lawyer does many things, including investigating the crash, communicating and negotiating with insurance companies, and representing you in court if a trial is necessary. One of the lawyer’s primary goals is to identify the types of compensation you are eligible for and maximize the amount you get for expenses, pain and suffering, and other burdens. Lawyers also scrutinize insurance policies, assess liability, and prove the other party’s negligence.
For a trusted car accident lawyer in Naperville, turn to Chute, O’Malley, Knobloch, and Turcy. Call us at 312-775-0042 to learn more about how we can help you.
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What Is the Role of a Car Accident Lawyer?
About 298,347 motor vehicle crashes occurred in 2022 in Illinois, with about 817 crashes per day. More than nine people per hour got hurt in these crashes. The overall role of car accident attorneys is to help clients with the complexities of personal injury claims and lawsuits. In service of these goals, a lawyer advocates to get clients fair compensation for their damages, injuries, and losses. In an accident case, a lawyer becomes:
Investigator and Gatherer of Evidence
One primary role of an accident lawyer is to investigate the crash. Lawyers assess police reports, talk to witnesses to gather statements, and analyze any footage that helps determine what caused the accident.
The purpose of a lawyer’s investigation is to establish the negligence of the at-fault party. Negligence, an important element in car accident claims under Illinois law, occurs when somebody fails to act with a reasonable level of care and this causes harm to another person. A driver who runs a red light and crashes into another car could be negligent due to the failure to follow traffic laws, the subsequent accident, and the injuries to the other driver.
Moreover, the compensation you are eligible to receive usually goes down by your percentage of fault. If you are found to be 15% at fault, then the damages you may recover decrease by 15%. Your lawyer collects evidence showing that your share of fault is lower than the insurance company and other parties claim.
Insurance Claim Manager
Dealing with insurance claims can get stressful quickly, especially for people trying to recover from injuries. For example, a car accident insurance investigation often includes the insurance company trying to get injured people on the record so the company can weaken their claims.
With this in mind, a major aspect of what a car accident lawyer does is handle all communication with insurance companies to prevent you from making common mistakes after a car accident. They include admitting fault and undervaluing your claim. Lawyers also stay on top of insurance paperwork and deadlines.
Settlement Negotiator
Part of what a car accident lawyer does is negotiate with insurance companies and opposing parties to get you the best possible settlement. These negotiation skills are important for countering insurance adjusters who want to make payouts as low as possible. If a fair settlement negotiation does not occur, attorneys can take the claim to court.
Case Manager
Your car accident case timeline could be a few months to a few years, depending on how complex the case is and other nuances. Attorneys stay on top of everything involved in the case, including statute of limitations deadlines.
People in Naperville and elsewhere in Illinois generally have two years to file personal injury lawsuits, or they risk losing their right to recover damages. An attorney determines the statute of limitations in your case. For instance, it could be longer than two years if you are acting on behalf of a minor, and it could be shorter than two years if a government entity is involved.
As a case manager, your lawyer should communicate with you about your rights, answer your questions, and detail what to expect at each stage of the process.
Court Advocate and Locator of Expert Witnesses
If ligation is necessary, your attorney represents you during the trial. He or she chooses legal arguments, selects expert witnesses, prepares various witnesses to testify, and presents evidence that proves negligence.
Car accident lawyers choose expert witnesses for their specialized knowledge in fields such as accident reconstruction, medical treatment, and financial damages. Lawyers maintain a relationship with experts they have used in previous cases.
Accident reconstruction specialists analyze evidence from the crash scene. They may use skid marks, vehicle damage, and road conditions to figure out how the accident occurred. Medical experts, such as physicians or rehabilitation specialists, testify about the extent of your injuries, the causes, and potential long-term impacts.
Meanwhile, economists or vocational experts often calculate the financial damages from lost wages, diminished earning capacity, and ongoing medical care. Mental health professionals may talk about the emotional distress and trauma the accident caused.
To make sure expert witnesses are credible and persuasive, car accident lawyers prepare them before deposition or trial. The lawyers educate the experts about the specifics of the case and the legal arguments. In addition, lawyers review police reports, medical records, and other case documents on which the witnesses are basing their opinions.
The lawyers also conduct practice questioning sessions to prepare the expert for cross-examination. These sessions offer opportunities to identify and address weaknesses in testimony and to better explain technical terms for the jury. Expert witnesses must be able to present their findings plainly. Jargon or overly complex explanations may make testimony confusing and much less effective.
How to Choose the Right Car Accident Lawyer in Naperville
Working with the right lawyer can mean a streamlined process and getting the compensation you need. Consider what a car accident lawyer does as you evaluate prospective candidates.
Free Consultations
Most initial consultations for personal injury cases are free. They may be in person or over the phone. Use this time to assess how well you and the attorney seem to fit. Try to have as many materials as possible ready to show the attorney. This helps you make the best use of your limited time.
For example, you could share the police report, photos or videos of the scene, your injuries, and damage, your written account of what has happened, and witness information. A breakdown of how your injuries have negatively affected your life is helpful, too. Medical records, including ongoing treatment records, documents about your condition and expected recovery, and copies of medical bills also flesh out the picture.
Location and Accessibility
You need a lawyer in the Naperville area if that is where you are pursuing your claim. A local lawyer understands state laws and local court systems. Being nearby also means your lawyer should have an easy time attending hearings and meetings.
Experience in Car Accident Cases
Your lawyer should have a strong track record of handling car accident claims. Look for experience in dealing with insurance companies as well as trial experience.
Clear Communication
Lawyers should communicate clearly with you and update you on your case. Clarify upfront how often you want to be updated and how frequently the lawyer can be in touch. For instance, maybe the lawyer generally has his or her assistant update clients once a week via email unless a pressing matter is approaching.
At the initial consultation, make sure the lawyer is able to answer your questions clearly and explain complicated legal terms in a way you understand. Never hesitate to ask for clarification.
Clarity on Fee Structures
Most car accident attorneys work on a contingency fee basis. They get paid only if you settle or win your case. Discuss upfront what percentage your lawyer will take and any other financial matters about which you need to know.
Fortunately, the contingency arrangement relieves some financial stresses for people already dealing with medical expenses and lost income. They do not need to worry about paying a lawyer. Their lawyer’s skill and expertise also mean a higher payout than if the individuals tried to handle their cases themselves.
Client Reviews
Read what the lawyer’s past clients have to say online. Look for positive feedback on the lawyer’s communication style, effectiveness, and other metrics that matter to you.
A car accident lawyer can take a great weight off your shoulders and get you compensation for your injuries, pain, and suffering. Contact us at Chute, O’Malley, Knobloch, and Turcy to find out more about what we can do for you.