After you get in a car accident, the one thing you likely know for certain is that the at-fault driver owes you due compensation. Depending on the circumstances, though, the right path forward might not be clear, and you may even have doubts about whether you need a lawyer.
It is important to understand how a car accident lawyer can help you with your case so you can make the best decisions in the hours and days after a crash.
The process of pursuing a legal claim typically begins with a free consultation. For example, The Collins Law Firm offers a no-risk opportunity to discuss your case. Many car accident lawyers also operate on a contingency fee basis, meaning there are no fees unless a settlement is won. Consultations can take place over the phone, at your home or even in the hospital, depending on your preference.
During this initial conversation, the lawyer can help determine whether you have a valid claim by evaluating your losses, also known as "damages." This includes reviewing property damage, medical expenses and other economic or non-economic losses to decide if pursuing a claim is the right course of action for you.
A preemptive overview of the case will also help your lawyer get an idea of the other driver’s degree of fault. The goal of these discussions is for the attorney to give you a rough estimate of how much compensation you might be able to secure through your claim.
If you decide to pursue a car accident claim, the burden will be on you and your legal team to prove that the other driver was at fault and that their negligence caused an accident resulting in your damages. That is why the next step for your lawyer is to collect as much supporting evidence as possible.
If you have any photographs or dashcam footage from the accident scene, provide these to your attorney as a strong foundation for the case. Your attorney will also collect medical records and reach out to health providers on your behalf if any information is missing. An experienced lawyer is also well-equipped to request witness statements and police reports relevant to the crash.
Collecting evidence is necessary not only to prove the extent of your damages but also to demonstrate the other party’s degree of liability.
Illinois operates under a comparative negligence rule for car accidents, which means your recoverable damages decrease in proportion to how much your actions contributed to the accident. That is why a car accident lawyer will work hard to maximize the other driver’s liability while minimizing your blame.
When presented strategically by an experienced lawyer, much of the existing evidence can help demonstrate liability. Resourceful legal teams can also contact nearby businesses with security camera footage of the accident or experts who can testify about how certain evidence explains the events that took place.
The last thing you need after a disruptful or traumatic accident is to become entangled in complex negotiations with insurers who might try to take advantage of you during a vulnerable time. While you will have to report the accident to your insurance provider, you can then leave all other communications to your legal team.
A car accident lawyer can file a claim on your behalf and handle every step of the negotiation process. Your attorney can even reach out to other parties that may have valuable evidence to contribute to your case. Even if you decide to engage in discussions or fill out paperwork yourself, an attorney can advise you on what to say so there is minimal risk of mistakes that might hurt your case.
The negotiation process typically begins either with the insurance company making an initial offer or your legal team sending a demand package. The process can take many weeks or even several months or more of evidence discovery, counteroffers and back-and-forth discussion.
While it may be tempting to bypass the negotiation process by simply accepting the first settlement amount offered by the insurance company, this can be a costly mistake. Many insurers intentionally offer a lower settlement than what the injured party deserves. They often act to protect their bottom line by taking advantage of a claimant’s desperation or inexperience with the law.
Once you accept and sign a settlement agreement, you can no longer pursue further compensation for that accident. It is important to have a lawyer who will pursue the negotiation process until you reach a favorable outcome. Your health insurance or personal injury protection coverage can cover the costs of your medical bills in the meantime.
Many accident claims settle outside of court, as this tends to be preferable for both sides. In difficult cases, the involved parties might seek guided mediation or arbitration to help arrive at a mutually beneficial outcome. If the insurance company continues to offer less than you deserve, though, it might be necessary to abandon negotiations and seek the rightful outcome in court.
Litigation is often a last resort in car accident cases because it can require additional time, effort and costs. If the insurance company refuses to cover all of your recoverable damages, though, getting a court order may be the only way to hold them to their obligations.
The possibility of a personal injury claim going to trial is always there, so it is in your best interest to work with a car accident lawyer who has experience with both out-of-court negotiations and contentious trial litigation. If your claim evolves into a lawsuit, having strong representation becomes more important than ever.
An experienced trial lawyer can execute tailored strategies for presenting evidence in court. If the trial results in an unsatisfactory verdict, your attorney can appeal the decision in further pursuit of a just outcome.
Pursuing a car accident claim is about more than just holding the other party accountable. It is also about making the right decisions that will help you physically and mentally recover from your accident. Those decisions are not easy to make when you consider the legal complexities you have to face along the way, especially while the shock of a car crash is still fresh in your mind.
The right car accident lawyer will patiently support you throughout the process while also communicating thoughtful advice and practical legal strategies. One of the most difficult decisions to make during a claim is whether to accept a settlement or take the matter to court – your lawyer will advise you on this matter as well.
At The Collins Law Firm, we want to help you with your car accident case in a way that makes the entire process easier for you. With so much on your plate already, we will work flexibly around your schedule and preferences to offer the level of service you deserve. Contact us today to schedule a consultation and learn more about our client-centered approach.
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