After the initial shock of your accident, reality starts to set in. You may face mounting medical bills while unable to work with injuries that may even make your future uncertain. The insurance claims process can be stressful when you are dealing with property damage alone, but it’s even more challenging if you or someone else has been hurt.
Not all car accidents require hiring a lawyer, but it’s important to know when you should. Here’s when you should talk to a car accident lawyer and when you can probably handle your own car accident claim.
What Does a Chicago Car Accident Lawyer Do?
Understanding what a car accident attorney actually does can help you decide if you need to hire a lawyer. A personal injury lawyer who handles car accident cases represents people who have been injured in a crash. A lawyer helps you pursue compensation from the at-fault party by:
- Providing legal advice and helping you make informed decisions
- Handling the insurance claim and paperwork
- Investigating your crash to determine how it happened and who is liable for your damages
- Gathering evidence to build a strong case
- Calculating the total value of your losses, including any future damages
- Working with accident reconstruction specialists and other experts when needed
- Handling all communications with other parties
- Defending you against attempts to shift blame or undervalue your losses
- Negotiating with the insurance company on your behalf to reach a settlement agreement
Filing a lawsuit and representing you at trial if a fair offer isn’t made
A lawyer helps you navigate the claims process. The goal of the insurance adjuster is to settle your claim for as little money as possible. While they may seem compassionate and helpful, they will look for anything they can use to deny your claim or minimize your losses. Your lawyer will protect you from these attempts and fight for the fair compensation you are entitled to.
Sometimes, the only way to achieve a fair recovery is by filing a lawsuit. If necessary, your attorney will file a personal injury lawsuit, prepare your case for court, and continue negotiations.
Should You Hire a Lawyer After a Car Crash in Chicago?
Not every car accident requires legal representation. However, in complex situations, a lawyer can be crucial to protect your rights and recover compensation. Here are some scenarios where hiring a lawyer is highly recommended:
Liability Is Disputed or Unclear
If fault is unclear, expect pushback from the other party’s insurer. Illinois is an “at-fault” state. This means the driver who caused the crash must compensate victims, and you must file a claim against their insurance policy. A lawyer can gather evidence to prove the other driver’s negligence.
If you are being blamed for a crash in Chicago, it’s especially important to consult a lawyer. Illinois uses a modified comparative fault rule to assign fault to each party. Liability for damages is then distributed in proportion to each party’s share of fault.
Any fault that is assigned to you directly reduces the money you can recover. If your share of assigned fault reaches 51% or higher, you are not entitled to any compensation at all. You are counting on your settlement to cover your medical bills, lost earnings, and other losses. Any fault unfairly assigned to you can be devastating.
Accidents Involving Injuries
If you or someone else suffered injuries beyond very minor injuries, it’s a good idea to consult a lawyer. Injuries may be more serious than they seem, and insurance adjusters may try to minimize the severity or blame a pre-existing condition.
For injuries that are catastrophic or cause long-term damage, calculating your future damages likely requires the help of experts. These cases are very complex and benefit from an experienced personal injury attorney.
Denied or Undervalued Insurance Claim
Have you already made an insurance claim? Insurance companies often make low initial offers. They hope you will accept less than you are owed. If you were seriously injured, they may try to pay only your current medical bills without consideration for future medical needs. They may claim the treatment you received was unnecessary or that your injuries are pre-existing.
Sometimes, claims are unfairly denied outright. A car accident lawyer knows how to challenge a denial or lowball offer and negotiate effectively on your behalf.
Complex Car Accidents
Certain types of accidents are inherently more complicated, including collisions involving multiple vehicles, pedestrians, or commercial trucks. These cases often lead to complex liability issues. Multiple parties may be at fault, and insurance companies often try to shift blame elsewhere. An attorney can handle the thorough investigation necessary and ensure all responsible parties are held accountable.
Significant Property Damage
If your vehicle is significantly damaged or totaled, and the insurer disputes the value, a lawyer can advocate for fair reimbursement. You may also need a lawyer if the value of damages is very high, especially if it exceeds policy limits or involves a vintage or high-end vehicle.
When Should You Handle Your Own Car Accident Claim?
While hiring a lawyer is often the best way to ensure you receive full and fair compensation, not every accident requires legal representation. If your accident resulted in property damage only or caused minor injuries that have fully healed without complications, you may be able to handle your insurance claim on your own. Additionally, if liability is clear and uncontested, managing the claim yourself could be a practical option.
However, it’s important to keep in mind that any settlement agreement you sign is legally binding and final. This means you cannot seek additional compensation later, even if you discover further injuries or losses that were not initially accounted for. When in doubt, consulting with a personal injury lawyer can help ensure your rights are protected.
Benefits of Hiring a Car Accident Lawyer
After a car accident in Chicago, IL, a lawyer can help you recover maximum compensation by leveling the playing field with the insurance company. One recent survey found that people who had legal representation recovered substantially more in their settlement ($77,600) on average compared to people who settled without a lawyer ($17,600).
With a lawyer, you can focus on recovering without the stress of paperwork and dealing with an insurance company. You can schedule a free consultation with a personal injury lawyer to get an honest assessment of your case before making a decision.
Paul Powell is the co-founder of Powell and Pisman Injury Lawyers, a law firm based in Chicago, IL. He has recovered over $250 million for his clients. Contact us for a free consultation.
