Car accidents are an unfortunate reality that can lead to mounting medical bills and unexpected time off from work. But if another driver’s negligence is to blame for your injuries, you may be entitled to compensation from them.
How to Build Your Car Accident Case
Here’s what you need to know about the steps of suing someone for a car accident in Illinois.
1. Seek Immediate Medical Attention
After a car accident, your health and safety should be the top priority. Even if you feel OK, it’s important to see a medical professional. Some injuries may not be immediately apparent. A thorough medical evaluation also creates a record that will be important in your claim for damages.
2. Consult a Personal Injury Attorney
While you are not required to hire a lawyer, having a personal injury attorney who understands Illinois car accident laws is key to building a strong case. An experienced car accident attorney can evaluate your accident, explain your legal options, and provide an honest assessment of the strength of your case. They can also deal with insurance companies and opposing counsel on your behalf.
3. Gather Evidence
A strong personal injury case relies on solid evidence. This includes:
- Photographs of the accident scene, your injuries, and vehicle damage
- Witness statements from those who were there during the crash
- Police reports and any citations issued to the other driver
- Medical records and bills that document your injuries and treatment
- Pay stubs or employment records showing lost earnings due to the accident
Your attorney will assist in getting and organizing this evidence to build a solid case.
4. File an Insurance Claim and Negotiate a Settlement
Once your lawyer has determined who’s to blame for your injuries, they can file an insurance claim with that person’s insurer. The insurer will conduct its investigation and may offer a settlement. However, insurers’ initial offers are often low, and having a lawyer to negotiate on your behalf can significantly increase your settlement amount.
5. File a Lawsuit and Continue Negotiating
Should negotiations break down, your lawyer will initiate a lawsuit by filing a complaint in the appropriate court. This legal document outlines the case’s facts, the damages you are seeking, and the legal basis for your car accident claim. Illinois law generally gives you two years from the date of the accident to file a lawsuit for personal injury claims, though exceptions may apply in certain situations.
6. Go Through Discovery
Next, both sides will engage in the discovery phase, during which they exchange information, including evidence and witness testimonies, to strengthen their respective cases. Depositions and written interrogatories are commonly used to gather detailed information.
7. Settlement Negotiations or Trial
If the insurance company still will not make a fair settlement offer, your case will proceed to trial, where your lawyer will present your arguments to a judge or jury who determines if the other party is to blame and, if so, how much they owe you in compensation.
Get Help from a Car Accident Lawyer Serving Madison & St. Clair Counties
If you’ve been injured in a car accident and are considering taking legal action, Bartholomew, Shevlin & Flack Law Group can handle your case for you. Contact us today for a free consultation.