A car accident is always a traumatic event, and once you’ve gotten through the initial issues, your mind will naturally turn to wondering what you can expect from the legal process. Understanding these processes can help you prepare for what lies ahead, and working with a car accident injury attorney in Chicago can protect your rights and get you the compensation you need for your losses.
From a Car Accident Injury Attorney in Chicago: The Legal Process and What to Expect
Reporting the Accident
One of the first legal steps that needs to happen is you reporting the incident to the authorities. Illinois law requires that accidents resulting in injury, death, or more than $1,500 in property damage be reported to the police. If one of the drivers is uninsured, the accident must be reported if the property damage is as low as $500.
The responding officer will create a police report, and if there is no responding officer, you’ll need to report within 10 days to Illinois State Police. This report will detail the circumstances of the accident, witness statements, and other pertinent information that may impact the determination of liability.
Illinois’ Fault System
Illinois has a modified “fault” system for car accidents. This means that the driver found to be at fault for causing the accident is responsible for covering the damages, and as an injured party, you can file a claim with the at-fault driver’s insurance company to seek compensation for medical expenses, lost wages, and other related costs. The insurance company will conduct an investigation to determine liability.
Know that the modified negligence rule means that the compensation you receive can be reduced by your percentage of fault in the accident. If you are found to be 20% at fault, then, your compensation would be reduced by that amount. As you can imagine, it takes experience and care to do a thorough investigation of the accident scene, vehicle damage, and any available video footage.
Both parties’ legal teams will work to establish the extent of each party’s fault, and a car accident injury attorney in Chicago with experience in this area will not only help you prove fault against the other driver but also protect you against attempts to saddle you with more liability than you actually hold.
Interaction with Insurance Companies
Following the accident, expect to have interactions with insurance companies. The at-fault driver’s insurer will likely contact you for a statement and to discuss the details of the accident, and it’s very important to be cautious during these interactions. Anything you say can be used to determine liability and influence the settlement offer, and the insurance adjusters may attempt to minimize their payout by getting you to say something they can use against you. Your best bet is to contact your lawyer and ask that all discussions go through them.
Filing a Personal Injury Lawsuit
If negotiations with the insurance company do not result in a satisfactory settlement, you may need to file a personal injury lawsuit, and your lawyer will help you do this. In Illinois, the statute of limitations for filing such a lawsuit is generally two years from the date of the accident, and you will likely need to file within this time frame or you won’t be able to recover any compensation at all.
There are some exceptions to this rule that can extend it, but they are hard to qualify for, and only a lawyer can tell you for sure if your case will qualify. If you’ve been injured in an accident caused by someone in city or state government, your time frame for reporting gets even shorter, so talk with your lawyer immediately.
The lawsuit process involves several stages, including the filing of a complaint, the discovery phase, pre-trial motions, and potentially a trial.
The Discovery Process
During the discovery phase, both parties exchange information and gather evidence to support their claims. Depositions involve getting sworn testimony from witnesses and parties involved. Interrogatories are written questions that must be answered under oath, while document requests seek relevant records such as medical bills, repair estimates, and correspondence with insurance companies.
Settlement Negotiations and Mediation
Many car accident cases are settled before reaching trial, and negotiations can occur at any stage of the legal process. They often involve mediation. Mediation is a form of alternative dispute resolution where a neutral third party helps facilitate a settlement agreement between the parties. The mediator does not make a binding decision but assists in finding common ground and negotiating terms that both parties can accept.
Trial and Court Proceedings
If a settlement cannot be reached, the case will proceed to trial. During the trial, both parties present their evidence and arguments to a judge or jury. The trial process includes opening statements, witness testimony, cross-examinations, and closing arguments. The court will then deliberate and render a verdict, determining liability and the amount of compensation to be awarded.
Trials can be long and hard, and they are often best avoided if you can. However, there are times when they are most appropriate, so be sure you’re working with a car accident lawyer who has lots of experience in getting good settlements but who has also won cases that have gone to court.
Compensation and Damages
The compensation you can expect to receive after a car accident injury in Chicago usually includes economic and non-economic damages. Economic damages cover quantifiable losses for which you have receipts, such as medical expenses, lost wages, and property damage. Non-economic damages compensate you for subjective losses, like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be awarded to punish the at-fault party for particularly egregious behavior.
Potential Challenges and Disputes
All kinds of challenges and disputes can arise during the legal process. Insurance companies may dispute liability or the extent of liability, the extent of your injuries, or the amount of damages you’re claiming. They may also argue that pre-existing conditions contributed to your injuries. All these disputes require thorough evidence and expert testimony to resolve, and you’ll want an experienced attorney who can help address them and advocate on your behalf.
Court-Ordered Mediation
In some cases, the court may order mediation to encourage settlement before trial. Court-ordered mediation involves a mediator appointed by the court to help the parties reach an agreement, and while this process can save time and resources by resolving disputes without a lengthy trial, it is not binding. If an agreement cannot be reached, the case will proceed to trial as mentioned above.
Appeals Process
After a trial, either party can appeal the court’s decision if they believe a legal error occurred during the trial. The appeals process requires presenting arguments to a higher court, which will review the trial court’s proceedings and determine whether to uphold or overturn the decision. Your attorney will be able to tell you whether you should consider an appeal or not.
From interacting with insurance companies to filing a lawsuit and potentially going to trial, there’s a lot that goes into the legal process after an accident. The good news is we can help. Contact us now at Cullotta Bravo Law Group for experienced help in the Chicago area.