Helping Our Clients Recover Compensation After a Car Accident

Whether you were injured in a crash on the Kennedy Expressway on your way to work or you were a victim of a drunk driving accident after a night at a Broadway show, a car accident can change your life in an instant. Suddenly, you’re left trying to recover from your injuries while missing income from work and facing mounting medical bills. When you’re involved in a car accident, securing the best possible settlement is crucial. Our auto accident lawyers are here to help you navigate the aftermath and negotiate a fair settlement.

Contact Fabbrini Law Group at (312) 900-8519 to find out how working with an experienced car accident attorney can make a significant difference in the outcome of your case.

How Can You Protect Your Rights After a Car Accident?

When you’re injured in a car accident in Chicago, what you do and say in the immediate aftermath can impact your case, including how much your claim may be worth. Illinois is an at-fault state, and it follows the modified comparative negligence rule. This means that victims can recover damages from an at-fault party after a car accident as long as the victim was less than 50 percent at fault. Protecting your rights starts from the second the crash happens, and these steps can help you strengthen your claim.

Gather Evidence

One of the most important things you can do after an accident is to document the scene with photos, collect witness statements, and preserve medical records. These elements strengthen your case by providing a clearer picture of what happened before, during, and after the accident. Photos and videos of the scene can show weather and road conditions at the time of the accident, as well as the positions of the vehicles and debris patterns, which can be helpful for later accident reconstruction.

Witness statements can corroborate what happened in the absence of dashcam footage and help strengthen your claim that the other driver was at fault. If you’re unable to collect names and contact information for witnesses at the scene, the police report may have this information. Injury lawyers can often hire private investigators to document the scene of the accident and get witness statements as well.

In the days and weeks after the accident, it can be helpful to keep a journal or other written record of your recovery. This provides a way to document how your injuries are affecting your daily life, including how much time you’re missing from work and the pain and suffering you’re experiencing. This can be used to help establish a fair value for your claim.

Seek Medical Attention

Any time you are involved in a car accident, you should be checked out by a medical professional. Even minor injuries can have long-term consequences, and some serious injuries, such as traumatic brain injuries or internal injuries, may not be immediately apparent. Consult with medical professionals to assess and treat your injuries effectively.

Getting seen as soon as possible also helps document the accident and the resulting injuries and establishes a timeline that connects those injuries to the crash. This can be invaluable later on during a personal injury claim, especially if the insurance company tries to deny liability or claim that your injuries were pre-existing. As you receive care, keep track of all of your medical bills and related expenses, including things like gas money to get to and from appointments, as these can all become part of the damages in your claim.

Consult an Attorney

An experienced injury lawyer can guide you through the legal process, negotiate with insurance companies, and maximize your chances of a favorable settlement. At the first meeting, an attorney can help you determine if you have a viable claim and outline the process for you if so. They can also provide counsel early on to ensure you understand what you should and shouldn’t do as the case progresses.

Another benefit of working with an attorney is that they can handle communications with the insurance company for you so you can focus on healing. They can respond to requests for more information, be present during any recorded statement, and evaluate any settlement offers. Behind the scenes, a personal injury law firm also works to build your case, which includes identifying and preserving evidence, consulting experts, and determining a fair value for your claim. If a fair settlement cannot be reached and your case needs to go to trial, your attorney can help you understand what litigation looks like and prepare for the process.

While you don’t need to file a personal injury claim directly after an accident, there are limits on how long you have to file, and meeting with an attorney as soon as possible after the crash ensures you know what the timeline is and what your next steps should be.

What Are Some Common Mistakes to Avoid After a Car Accident?

Many people are focused on what they should do after an accident and forget to ask questions about what they shouldn’t do. The truth is that even small mistakes made after a car accident can impact your ability to file a claim and the value of that claim. It’s common for people to apologize after an accident by default or to think they don’t need medical attention for minor injuries, but these actions can weaken your case. Below are some of the most common mistakes we see clients make after a car accident.

Not Seeking Immediate Medical Attention

Any time you are involved in a car accident, it’s crucial to promptly seek medical attention. Being evaluated by medical professionals is important to ensure that your own health and safety are taken care of, but it also establishes a timeline for your case and directly connects your injuries to the accident. Even seemingly minor accidents can result in significant injuries. Whiplash, concussions, and internal injuries may not be immediately apparent, but they can result in significant recovery timelines and necessary treatment.

Delaying medical attention gives the insurance companies more leeway to try to argue that your injuries happened in the days after the accident instead. This can reduce the value of your claim and make it harder to connect your injuries to the accident, which is a critical element of a personal injury claim.

Admitting Fault

One of the biggest mistakes we see car accident victims make is apologizing or otherwise admitting fault at the scene of the crash. After an accident, many people are in shock and may apologize by default out of politeness or as a way to de-escalate the situation. But even something as small as saying, “I’m sorry,” can be interpreted as admitting fault or accepting responsibility for the accident.

Even if you truly think you were at fault for the accident, it’s still important not to do or say anything that could be construed as accepting responsibility. There may be contributing factors that you aren’t aware of, such as the other driver being under the influence, that could impact fault determination and liability for car accident injuries.

The best approach after an auto accident in Chicago, IL, is to avoid speaking with others at the scene and stick to objective facts when giving a police statement. Don’t speculate about what may have happened or contributed to the crash, and try to avoid interacting with the other driver at all if possible.

Accepting the First Settlement Offer

At Fabbrini Law Group, we advise our clients never to accept the first settlement offer from an insurance company, as they often lowball initial amounts. Auto insurance companies want to resolve claims quickly, and they will often offer a settlement offer as soon as possible after the crash. They are hoping that you will be tempted by the money and accept the offer before having a full understanding of your injuries or their impact on your life.

Once you accept a settlement offer, you generally lose the ability to pursue a car accident case in the civil court system later on. This could mean that you miss out on significant damages that could have helped with the long-term financial costs of medical care and potentially diminished earning capacity. Working with an attorney ensures you have a knowledgeable advocate who can evaluate a settlement offer and negotiate an agreement that reflects the fair amount of your damages.

Not Consulting With a Personal Injury Attorney

Many people think that they can handle negotiations with the insurance company on their own, or they think that they won’t be able to afford an attorney. But trying to handle your claim alone could mean that you end up with less than you deserve, or even nothing at all. Instead, we recommend consulting with a personal injury attorney as soon as possible to ensure your claim is handled effectively and to maximize your chances of a favorable settlement.

Consulting with an attorney early on in your case allows you to have a full understanding of the strength of your case and what the negotiation or litigation process may look like. An attorney can also communicate with the insurance companies and other drivers on your behalf, freeing you up to focus your time and energy on healing.

What Does the Settlement Process Involve for a Car Accident?

The typical car accident settlement timeline in Chicago, IL, can vary significantly depending on the complexity of the case. However, the general process often includes initial reporting of the accident, investigation by insurance companies, negotiation between parties, and ultimately, a settlement or legal action. While some cases may be resolved relatively quickly, others can take several months or even years to reach a conclusion. Factors such as the severity of injuries, the complexity of liability determination, and the negotiation process can all influence the duration of the settlement timeline.

What Is the Average Settlement Amount?

“How much is my claim worth?” is one of the most common questions we get from prospective clients. While it’s normal to want to have an idea of what your damages could be worth, there is no one true average settlement amount because every situation is different. The potential settlement amount for a car accident in Chicago varies based on several factors.

Severity of Injuries

As a general rule, more severe injuries lead to higher settlements. For example, a neck and back strain may only be worth a few thousand dollars, while a broken leg and surgery due to a car accident could be worth millions. Serious injuries generally include traumatic brain injuries, spinal cord injuries, broken bones and fractures, and internal injuries. Minor injuries include things like soft tissue injuries, cuts and lacerations, and sprains and strains. However, even minor injuries can result in significant settlement amounts.

Location

Settlements differ by state and city. Any Chicago injury lawyer will tell you that Chicago and Cook County car accident claims are some of the higher payouts in the Nation. Ask our injury lawyers about the advantages of car accident claims in the greater Chicagoland area.

Insurance Policies

The at-fault driver’s insurance coverage matters. But that’s not the only insurance that may be available. In Illinois, drivers are required to carry underinsured motorists insurance. This means that even if the person who hit you has bad insurance, your own insurance company may offer you more money. Our injury attorneys have successfully pursued this coverage for many of our clients hurt in car accidents, often doubling their car accident settlements. We know how insurance adjusters value claims, and we can help you navigate both underinsured and uninsured motorist coverage.

Learn More About Uber/Lyft Accident

Contact a Chicago Car Accident Attorney Today

Navigating the complexities of a car accident settlement can be overwhelming. By understanding your rights, avoiding common pitfalls, and seeking the guidance of a skilled Chicago injury lawyer, you can significantly increase your chances of obtaining fair compensation. Our experienced attorneys are dedicated to protecting your interests and maximizing your settlement, ensuring you receive the justice you deserve.

Don’t hesitate to contact us for a consultation and let us help you navigate the legal process. Call Fabbrini Law Group at (312) 900-8519 to start the process by talking to an experienced car accident lawyer.

FAQ: Automobile Personal Injury Cases

What Should You Do Immediately After a Car Accident?

Immediately after a car crash, the most important thing is your personal safety. Check yourself for obvious injuries and get to a safe area. Call 911 and avoid talking to anyone or moving the vehicles if possible until police arrive. Don’t admit fault, and seek medical attention immediately. After you’ve received medical attention, contact an attorney as soon as possible so you know what you can do to build the strongest claim possible.

How Is Fault Determined?

In a Chicago car accident claim, fault is determined based on the evidence. This includes police reports, photos, and videos of the accident scene, and witness statements. The accident investigation will include determining whether either driver was negligent in some way, such as by distracted driving or drunk driving, and what factors contributed to the crash. Insurance companies conduct their own investigations, and they often try to put the fault on the victim to avoid having to pay out a claim. Talking with an attorney can help you understand what your rights are in this situation and how you can increase the chances of a fair settlement.

Do You Still Have a Car Accident Lawsuit If You Were Partially at Fault?

Illinois follows a modified comparative negligence rule. This means that an injured victim can recover compensation after a motor vehicle accident as long as they were less than 50 percent at fault. If it’s determined that the victim did share fault for the accident, any damages awarded can be reduced based on the percentage of fault. For example, if the victim is 10 percent at fault, their award would be reduced by 10 percent to account for this.

How Long Do You Have to File a Personal Injury Claim?

The statute of limitations for car accidents in Illinois is generally two years from the date of the accident. There may be exceptions, such as when the victim is a minor. Even though two years seems like a long time, it’s important to act quickly after an accident, as evidence can be lost over time. If you have serious injuries and mounting medical bills, talking with an attorney as soon as you are stable can ensure you know what your options are for a personal injury lawsuit and whether you should consider negotiating a settlement with the insurance company.

Will Your Vehicle Accident Case Go to Court?

Most personal injury claims involving car accidents are settled out of court. Insurance companies often want to avoid putting the time and resources into a trial, and our personal injury law firm can represent you in negotiations to help you get a fair deal. If a settlement can’t be reached, we’re comfortable taking your case to court for litigation.