Home Chicago Car Accident Lawyer Car Accident Settlements in Illinois
If you were hurt in an auto accident in Chicago or elsewhere in Illinois, you’re probably focused on getting an insurance settlement. After all, Illinois requires drivers to pay for auto insurance for this very purpose. When someone causes you harm, their insurance should cover it. But the theory is simpler than reality. There are several steps in the insurance claim and settlement process, so you should work with an experienced Chicago car accident lawyer.
Our Chicago personal injury lawyers is here to help you get the most from an auto accident settlement. Send us your information through our online form or call (312) 236-2900. We offer free consultations and work on a contingency fee basis.
When you believe another driver is at fault for the auto accident, you must file a claim with that driver’s insurance policy to secure a settlement. This is called a third-party insurance claim. You can usually do this online or over the phone. Never hesitate to ask a lawyer for help in filing a formal insurance claim.
Once you file an insurance claim, the insurer is required to open up an investigation. They also have to conclude their investigation in a reasonable amount of time. They can’t ignore or needlessly delay your claim. They’ll want to ask you some questions during the insurer’s investigation.
You should have a lawyer on your side before you give a statement or answer questions. Your lawyer will help you prepare to talk with an insurer. Preparation helps you avoid saying something the insurer can use against you. Your attorney will also protect you from an insurer trying to overreach and get more information than they should have.
For example, an insurer will ask you to sign a medical records authorization. This gives them access to your entire medical record, and it’s unnecessary. Your lawyer will make sure the insurance company gets the medical records they need and no more.
One of the most important reasons to hire a car accident lawyer is to benefit from an independent investigation. The insurer will look into your claim. But it doesn’t have your best interests in mind. An insurer will accept a claim only if they have to, and even then, it’ll want to pay out as little as possible.
A lawyer’s independent investigation gives you all the evidence you need to challenge an insurer’s incorrect conclusions and fight for maximum compensation.
Before your lawyer can go anywhere near settlement negotiations, they have to understand your damages. Your lawyer will work with you and your medical providers to add up your expenses. Any settlement you agree to in the future should cover all of your past and future expenses, including medical bills, transportation costs, lost wages, property repairs or replacements, and any other out-of-pocket expenses.
Determining a value for your non-economic damages is a different process. Your economic damages are objective. You can add them up. Your non-economic damages have to be translated into a monetary value. Your lawyers can do this in a few ways, including using a multiplier of your economic damages. They’ll research the outcomes of similar cases to decide an appropriate multiplier.
Another aspect of damages that your lawyer will consider is future expenses. Are you going to need more medical care? Do you have a disability that impacts how much you can earn? If your injuries are going to affect you after you’ve received a settlement, then your lawyer might hire one or more experts to estimate how much that will cost you in the years to come.
It’s important to understand your future expenses to make sure your settlement doesn’t fall short of what you need.
It can take weeks to get a full picture of your economic and non-economic injuries. But once your lawyers have a solid understanding of what the auto accident will cost you, they can send a demand to the at-fault driver and other liable parties.
Once the insurer finishes its investigation, it will approve or deny your claim. If it approves your claim, your lawyer can start settlement negotiations. If it denies your insurance claim, then you have to appeal. You won’t receive a settlement offer or be able to negotiate a settlement until the insurer agrees it’s liable for paying your claim.
You might receive an initial settlement offer from the negligent party’s insurer after the demand. It’s important to talk with an attorney before accepting any offer or cashing a check. Most initial offers are lower than your claim is worth.
The only way to know if the offer is too low and how much more you can fight for is to consult an experienced attorney. If you get an insurance settlement offer but haven’t worked with an attorney yet, give us a call.
It might be that the initial offer is close to what you need from a settlement. Your lawyer might go back and forth with the insurance company to reach a fair amount. Then, you can settle without going to court.
Most personal injury claims settle out of court. But you should still talk with an attorney about filing a lawsuit. Showing an insurance company that you’re willing to take your case to court gives you leverage to demand more from a settlement. It also allows you to investigate your case more through discovery.
Discovery is the longest phase of litigation. It’s the time when the parties exchange information through various legal tools.
Requests for Admissions: You can ask the other party to admit a fact or deny certain facts or to admit or deny the genuineness of a document. You’ll send the other party a list of statements or copies of certain documents. The other party has to admit or deny each statement or document.
The other party can also refuse to answer based on certain objections, like certain information is privileged or irrelevant. Requests for admissions can be used to establish the basic facts in your case, reducing the issues you’d need to argue at trial.
Interrogatories: Interrogatories are questions you want the other party to answer. The number of questions you can ask is limited, including any sub-questions.
The questions have to be relevant to the case and can’t create an unnecessary burden for the other party. The defendants have to either answer the questions or provide an objection.
Demands to Produce Documents or Objects: You can request that the other party give you copies or reproductions of documents or physical objects for you to inspect. This includes allowing you access to certain real estate to inspect the premises, take photos, or run tests.
After a car accident, we might demand the other party produce a copy of any relevant insurance claims, business records, or employment records.
Depositions: A deposition is an out-of-court interview of a person relevant to your case. There are two types of depositions: discovery vs. an evidence deposition.
A discovery deposition gives you the ability to learn more about your case. But an evidence deposition gives you testimony you can bring up during a trial.
Once you complete the discovery process, you can negotiate a settlement or prepare for trial. You or the other side might ask for mediation. Mediation is an alternative dispute resolution method. You and the other party will try to resolve your claim with the help of a neutral, third-party mediator.
The mediator doesn’t make any decisions. They’re only there to guide the conversation and help both sides communicate effectively.
In most auto accident cases, Staver Accident Injury Lawyers, P.C., reaches a settlement agreement with the defendant’s insurance company. We strive to get you the compensation you need as soon as possible. But a settlement isn’t always possible. When we can’t get you a fair settlement, we might recommend you move forward with a trial.
How Long Does It Take to Settle a Car Accident Claim in Illinois?
It typically takes anywhere from a few months to over a year to settle a car accident claim in Illinois, depending on the complexity of the case, the severity of injuries, the willingness of the insurance company to negotiate, and whether a lawsuit needs to be filed.
There is no true “average” settlement because every car accident case is different. Settlements vary widely based on factors like medical expenses, lost wages, pain and suffering, and the extent of permanent injuries, but many cases range from several thousand to hundreds of thousands of dollars.
No, you are not obligated to accept the first offer. Insurance companies often start with low offers to minimize payouts. It’s important to review any offer with an experienced car accident lawyer before accepting to ensure it fully covers your damages.
Yes, Illinois follows a modified comparative negligence rule. As long as you were less than 51% at fault, you can still recover damages, though your settlement amount will be reduced by your percentage of fault.
Generally, car accident settlements for physical injuries are not taxable under federal or Illinois law. However, portions of a settlement that compensate for lost wages or punitive damages may be subject to taxes, so it’s best to discuss tax implications with your attorney or a tax advisor.
Before accepting or signing anything, you should have an experienced car accident attorney review the offer to ensure it fully compensates you for all past, current, and future damages related to the crash.
No matter where you are in this process, it’s not too late to contact a lawyer. Whether you’re just getting started or have received an offer, we’re ready to get involved, investigate the accident, and tell you about the value of your claim. Our goal will be to get you the best settlement possible, no win, no fee.
Call us today at (312) 236-2900 or use our online form to schedule a free consultation with Staver Accident Injury Lawyers P.C.
When you’re fighting for maximum compensation, we know what it takes to get it.
We’re ready to fight for you. We’re ready to be your ally. And we’re ready to start right now. Don’t waste time, contact our law offices today.
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