Being injured in an auto accident can be life-changing. After taking care of yourself and your injuries, you may have to seek legal aid. Where do you start? How does it work? Let’s take a look at how to file an auto injury lawsuit in Illinois.
Finding an Auto Injury Attorney
Many different types of auto injury attorneys exist. Some specialize in car accidents while others focus on motorcycle accidents. Before taking any steps legally, you’ll want to make sure you have the attorney with the best tools to represent you in court.
When you talk to a potential attorney, be sure to ask the pertinent questions:
- What areas do you specialize in?
- Can you help with my specific case?
- Does a lawsuit need to be filed for my case?
- What are your fees?
Make sure to contact several specialized attorneys before making your decision. Switching lawyers can be expensive and time-consuming.
Oftentimes settlements can be made without a lawsuit being filed. Specialist attorneys will know if your case is worth settling or if a lawsuit is necessary.
How Auto Injury Lawsuits Work in Illinois
Auto injury lawsuits in Illinois typically work as follows:
Filing a Claim
The injured party (plaintiff) or their representative files a claim with the at-fault driver’s insurance company, requesting compensation for damages resulting from the accident.
Investigation
The insurance company will conduct an investigation into the accident to determine who was at fault and the extent of the damages.
Settlement Negotiations
Once the investigation is complete, the insurance company may offer a settlement to the plaintiff. This may involve negotiations between the plaintiff’s attorney and the insurance company to reach an acceptable settlement amount.
Filing a Lawsuit
If the parties are unable to reach a settlement, the plaintiff may choose to file a lawsuit against the at-fault driver. The lawsuit will be filed in the circuit court of the county where the accident occurred.
Discovery
Once a lawsuit is filed, both parties will engage in a process called discovery. This involves exchanging information, documents, and evidence related to the accident.
Pre-Trial Motions
Either party may file pre-trial motions, such as a motion to dismiss or a motion for summary judgment, to try to resolve the case before trial.
Trial
If the case goes to trial, a judge or jury will hear evidence from both sides and determine who is at fault and what damages, if any, the plaintiff is entitled to.
Appeal
Either party may appeal the decision if they believe there were errors made during the trial that affected the outcome.
It’s worth noting that Illinois follows a modified comparative fault rule, meaning that if the plaintiff is found to be partially at fault for the accident, their compensation may be reduced by the percentage of fault attributed to them.
Additionally, Illinois has a statute of limitations for filing personal injury lawsuits, which is typically two years from the date of the accident.
How do Auto Injury Settlements Work in Illinois?
If you and your attorney are looking for a settlement, there is a process that is generally followed in Illinois. Auto injury settlements in Illinois typically work as follows:
Filing a claim
The injured party (plaintiff) or their representative files a claim with the at-fault driver’s insurance company, requesting compensation for damages resulting from the accident.
Investigation
The insurance company will conduct an investigation into the accident to determine who was at fault and the extent of the damages.
Settlement negotiations: Once the investigation is complete, the insurance company may offer a settlement to the plaintiff. This may involve negotiations between the plaintiff’s attorney and the insurance company to reach an acceptable settlement amount.
Release of Liability
If the plaintiff accepts the settlement offer, they will typically be required to sign a release of liability form, which waives their right to pursue any further legal action related to the accident in exchange for the agreed-upon settlement amount.
Settlement Payment
Once the release of liability is signed, the insurance company will issue a check to the plaintiff for the settlement amount. The settlement amount may cover various types of damages, including medical expenses, lost wages, pain and suffering, and property damage.
It’s worth noting that settlement amounts can vary widely depending on the extent of the damages, the severity of the injuries, and other factors.
Additionally, if the parties are unable to reach a settlement, the plaintiff may choose to file a lawsuit against the at-fault driver and their insurance company, which can involve a more lengthy and costly legal process. It’s important for plaintiffs to work with an experienced personal injury attorney to ensure that they receive fair compensation for their injuries and losses.
Contact an Illinois Accident Attorney Today
If you or a loved one has been injured in a vehicle-related accident due to the negligence of another person, our experienced attorneys can help you receive compensation for the damages you have suffered. There is no fee unless we obtain compensation for you.
To see if your case is strong, take our quick assessment or get a free case review by calling 866-699-3339 or complete the case request form.