After the initial shock of experiencing a car accident wears off, one of the first questions you might have is whether or not you need a lawyer to help you handle your claim. It is important to understand what a lawyer brings to a car accident case and what type of experience to look for when you decide to hire one.
One of the most important reasons to have a lawyer during a car accident case is that they understand the terms, conditions, phrasing and legality of insurance policies just as well as the insurance providers themselves. This is something that only comes with thorough education and extensive experience in the field.
To most people, an insurance policy might seem straightforward. It’s easy to assume that the insurance company will simply cover your expenses if you're injured in an accident. In reality, insurance policies often contain complex language and loopholes that representatives can use to take advantage of individuals during their most vulnerable moments.
The experience that a lawyer brings to the table will level the playing field, and having someone on your side who knows how insurance works can make a big difference.
Having an experienced car accident lawyer to handle your case means you can get a helpful evaluation of your claim from an early stage. Many firms, including The Collins Law Firm, offer free consultations during which an actual lawyer will analyze the circumstances of your case and help you understand if it is worth pursuing a claim.
By taking a close look at photographs of the scene, property damage receipts, medical records and other forms of documentation, your lawyer can give you a reasonable expectation of how much compensation you can recover from your claim. For many drivers who are unsure of what to do after an accident, this can be an eye-opening experience for how effective a personal injury claim can be.
When you decide to entrust a car accident lawyer with your case, they will carry out their own investigation to ensure they discover all available evidence that can support your claim. Experienced attorneys have the resources to thoroughly explore all avenues of investigation.
Your legal team can reach out to any witnesses who saw your accident happen. They can request a copy of the police report directly from the law enforcement officers who responded to your crash. Lawyers also understand the importance of medical records, so they will compile the relevant documentation and reach out to healthcare professionals if they require additional information or expert testimony.
Depending on the nature of your accident, an experienced lawyer might even recognize opportunities to gather unusual types of evidence. For example, security camera footage of the accident might exist if the accident occurred near a place of business.
When you file a personal injury claim, the burden is on you and your legal team to prove that the other driver is liable for your damages. The lawyer handling your case will have to establish that the other person owed you a duty of care and that they breached that duty. There must also be evidence to link that negligence to the accident itself and the damages you sustained.
These are things that an experienced lawyer will be mindful of as they gather evidence for your claim. However, it is not enough to simply prove that you experienced an accident, nor will you secure the best possible settlement just because you have documentation showing the extent of your damages. The most crucial part of a well-built case is the ability to link all of these factors indisputably.
Keep in mind that Illinois follows a modified comparative negligence rule for car accident insurance claims. This means that the amount of compensation a person can recover after an accident decreases in proportion to their degree of fault in causing an accident, and it becomes impossible to recover any damages if one’s fault is 50% or more.
For example, if the court assigns you 20% of the fault for your accident, you can only recover 80% of the losses you incurred. This is why a lawyer’s experience in determining liability is so important. You do not want to simply prove that the other driver bears the majority of fault – you want to prove that they were responsible to the greatest extent possible.
An experienced car accident lawyer not only understands the complex details of how insurance policies work but also knows how to negotiate effectively. This skill is important when dealing with insurance companies that often aim to minimize payouts.
Good lawyers use strategies designed to protect you and get you the compensation you deserve. For instance, they’ll never admit any fault on your behalf, even partially, because that could hurt your case. They also insist that all statements and offers from the insurance company be provided in writing. This ensures accountability and prevents the other party from making false or misleading claims during negotiations.
A skilled lawyer will also challenge anything the insurance adjuster says that doesn’t add up. They’ll make them back up their claims with real evidence so the conversation stays grounded in facts, not assumptions. By presenting strong evidence like medical records, expert opinions and accident reports, your lawyer can build a case that’s hard for the insurance company to dispute.
But not every case can be resolved through negotiation alone. An experienced lawyer will know when it’s time to try something different, like mediation or arbitration. These approaches can often save time and stress while still reaching a fair outcome.
If those options don’t work, your lawyer can help you decide if taking the case to court is the best move. And if it comes to that, they’ll be ready to fight for you, presenting your case with confidence and professionalism.
Taking a car accident case to trial is a last resort, even for lawyers with extensive courtroom experience. This is because settling through out-of-court negotiations tends to be quicker, less expensive and less strenuous for all parties involved. The majority of cases settle before a trial, but it is still important to recognize the value of a lawyer’s ability to handle cases in court.
If a lawyer is reluctant to take a case to trial when necessary, it could mean that the claimant must settle for less than they deserve. While it is preferable to settle out of court, the trial lawyers at The Collins Law Firm know that there are circumstances when winning a favorable verdict is the only way to ensure that the insurance company fulfills its obligation to pay you the full amount of compensation you deserve.
Courtroom trials require different strategies and even stronger assertiveness compared to the discussions and mediation that take place during standard negotiation. Your trial lawyer must have the experience necessary to present the case in such a way that will convince a judge and jury that your intended outcome is the right one.
The experience a lawyer has in handling car accident cases can make or break your chances of achieving the outcome you deserve after someone else causes you harm through their negligence. At The Collins Law Firm, we use our knowledge and experience in personal injury law to earn the trust of people in Chicago and across Illinois. Contact us today for a free consultation to see how we can help with your case.
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