The car accident case timeline can vary based on the complexity and size of your claim. Generally, car accident claims are resolved within a few weeks to a few months, although some cases may take years. While the personal injury claim process can be lengthy, pursuing a lawsuit is often the most effective way to seek maximum compensation for unpaid medical bills, lost wages, and other damages. Familiarizing yourself with the stages involved in resolving a car accident claim can help you prepare for what lies ahead.
For advice and assistance with your car accident case in Illinois, contact Lloyd Miller Law Group at (773) 838-8100.
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Car Accident Case Timeline in Illinois
The duration of a personal injury lawsuit can vary based on your case, often taking a year or more to achieve a settlement or a jury verdict. Car accidents are the leading cause of personal injury cases, comprising 52%. While the process can be time-consuming, pursuing a lawsuit may be the most effective way to secure maximum compensation for unpaid medical expenses, lost income, and other damages you may have incurred.
Gather Evidence at the Scene
The initial steps involve moving the vehicles off the road and calling 911. If you are too injured to collect evidence at the scene, ask someone else to assist you.
Make sure to gather at least the following information at the accident site:
- The other driver’s contact and insurance information
- Contact information for witnesses
- Photographs of anything that could be used as evidence, such as property damage, injuries, skid marks, license plates, and weather conditions
If you’re not in an ambulance, cooperate with the police when they arrive.
Medical Treatment After the Accident
Following your accident, it’s crucial to obtain prompt medical care for your injuries. Always visit the hospital, even if you believe you aren’t hurt. There could be hidden or internal injuries that need attention, and your medical records will serve as essential evidence for your injury claim. Make sure to head to the emergency room as soon as possible and keep all documentation the medical staff provides.
Attorney Consultation and Investigation
After receiving treatment for your injuries, contact a car accident lawyer in Illinois. If you aren’t sure when to hire a car accident injury lawyer, you should do so as soon as possible. Your attorney will assess your case and outline your legal options if they believe you have a valid claim. Following your meeting, your attorney will start collecting evidence, contacting expert witnesses for testimonies, and taking the necessary steps to file your lawsuit.
Once you have hired an attorney, they will assist you in gathering and reviewing evidence, which may include a copy of the police report, your medical bills, salary information from your employer to determine lost wages, cell phone records if you suspect the at-fault driver was texting while driving, and CCTV footage from nearby establishments.
Your attorney can ensure you don’t miss the time frame to report an accident in Illinois. If someone else is driving your car and gets in an accident, your attorney will be able to advise you.
Compiling Evidence of Losses
Your attorney should create a comprehensive list of your damages to help calculate the compensation you are pursuing. Your attorney should know the average car accident settlement, assess what constitutes a fair settlement in your case, and gather supporting evidence for those damages. This evidence may include hospital bills, repair receipts, and other related documentation.
In Illinois, you might qualify for compensation for a range of losses resulting from a car accident, including:
- Medical expenses (which could cover future or ongoing medical care)
- Lost wages (which might include diminished earning potential)
- Non-economic, intangible losses such as pain and suffering
It’s essential to document your losses to demonstrate your entitlement to compensation. This process may involve retaining copies of your medical records, tracking lost income, and maintaining diaries to record losses that don’t have a clear monetary value, such as loss of enjoyment of life.
Reach MMI
“MMI” stands for “maximum medical improvement” and refers to the point at which your doctor believes your condition is unlikely to improve further. This may indicate a full recovery or a permanent disability. It’s advisable to wait until you reach MMI before starting the claims process to accurately assess your total damages, as estimating medical costs beforehand can be difficult. Once MMI is reached, your attorney can evaluate your damages. Achieving proper medical treatment and reaching MMI can take 1 to 12 months.
File an Insurance Claim
To start the process, the initial step is to file an insurance claim with the insurance company of the driver at fault. This begins by reaching out to the insurer of the liable party to inform them of your intention to file a claim. According to Illinois law, once you’ve made this request, the insurance company must provide you with the necessary forms within 15 working days.
Insurance Company Investigation
The insurance company will investigate the claim to confirm whether their insured caused the crash. Illinois law requires them to complete this investigation within 60 days and inform you about a settlement offer afterward.
While they are responsible for investigating the incident, their financial interest may bias their findings. This highlights the importance of considering a lawyer for personal injury cases. An attorney can conduct an independent investigation and potentially uncover evidence that strengthens your negotiating position.
Demand Letter
Your lawyer will compile evidence and draft a demand letter addressed to the at-fault driver and their insurance company. This evidence will encompass medical and financial records to substantiate the losses you’ve incurred, along with witness interviews to capture the complete narrative of the accident. Such evidence is crucial, as it serves as proof to support your claim in the demand letter.
Typically, a demand letter is prepared by an attorney and includes:
- Relevant facts regarding the incident.
- An overview of your injuries and damages.
- A declaration of liability.
- The compensation you are seeking.
- Any non-monetary compensation requested, such as repairs.
- A notice of intent to initiate legal action if compensation is not received by a specified deadline.
Generally, it takes around 2 to 6 months for your lawyer to gather all necessary evidence and formulate the demand letter.
Response and Negotiations
After you send the letter, the insurance company’s car accident insurance claim process time to respond is typically 4 to 6 weeks. If the driver at fault lacks insurance, you may need to negotiate directly with that driver. The at-fault driver or their insurance provider has four possible responses. They could accept your demand, pay your compensation, and resolve the issue. Alternatively, they might present a counteroffer, which you can accept to receive the insurance payout and settle the matter. They might also deny the claim entirely or simply choose not to respond.
At this stage, the situation can unfold in one of three ways. The issue is resolved if either the initial offer or counteroffer is accepted. If the at-fault party or the insurance recognizes the claim but neither the amount you sought nor the amount offered is accepted, negotiations can commence to reach a mutual settlement amount. If these negotiations succeed, you’ll receive a settlement, and your case concludes at that point. However, if an agreement can’t be reached, or if the insurance company denies the claim, you may have to initiate legal proceedings. This back-and-forth process can take anywhere from 30 to 60 days or longer.
Filing the Lawsuit
If negotiations fail, your motor vehicle accident lawyer will initiate car accident court procedures. This marks the beginning of a completely new process with its timelines. The steps in a lawsuit start with filing a complaint, which officially initiates the case. The defendant then responds by either admitting or denying the claims made. Following that, the discovery phase takes place, where evidence is gathered and presented. Ultimately, the case will go to trial. A lawsuit can lengthen the overall process by several months.
Negotiations may continue throughout this journey, and a settlement can be reached at any moment until both parties enter the courtroom for the trial.
Discovery and Mediation
Once you have filed your lawsuit, you, the party at fault, and your attorneys will engage in the discovery phase. This stage involves exchanging evidence, requesting documents, and taking depositions from witnesses to prepare for the trial. The discovery process can take several months to complete.
Before going to trial, you may have another round of settlement negotiations or opt for an alternative dispute resolution method, like mediation. If you reach an agreement during this phase, you will sign a settlement document and receive your compensation. However, if the negotiations do not succeed, your case will proceed to trial.
Trial and Verdict
In a personal injury trial, both sides will submit evidence to the court to clarify the case details and determine your entitlement to damages. Once your case concludes, the court will decide whether you should receive compensation and the amount you are owed. The trial duration may vary, lasting anywhere from a single day to a week or more, depending on the specifics of your case.
Factors Affecting Your Timeline
Various factors influence the duration of your personal injury case, such as the severity of the injury, the complexity of liability, and the availability of evidence. The timeline for settling a car accident claim can differ based on several considerations, including:
The Severity of Your Injuries
Significant injuries can affect your quality of life and may hinder your ability to work. Determining the compensation you qualify for in such situations can be intricate. Furthermore, you might be entitled to a substantial settlement if your injuries are severe. Instead of providing a fair offer, a claims adjuster is often inclined to challenge your claim, prolonging the negotiation process.
The Complexity of Your Car Accident Case
The time it takes to settle a car accident claim varies with the case’s complexity. For instance, seeking compensation for medical bills is generally easier than for pain and suffering, which is harder to quantify and requires proof. This can extend the settlement process.
Complications also arise in Illinois due to its comparative fault law, where a victim’s settlement is reduced by their share of fault. Insurance companies often dispute fault to minimize payouts, prolonging negotiations. An attorney can help demonstrate your lower fault percentage, but this may involve reviewing security footage, interviewing witnesses, and analyzing police reports, especially in complex cases.
When You Reach MMI
Maximum medical improvement is the point at which your injuries have healed as much as they are going to, allowing for a clearer understanding of their long-term effects. The longer the process takes to reach maximum medical improvement, the longer it may take to finalize a settlement agreement.
Evidence
The quantity of evidence available can influence how a claim is resolved. Insufficient evidence may lead to more disputes regarding liability and other aspects of the claim.
Whether a Lawsuit Is Filed
If the insurance company doesn’t provide a fair settlement, you might need to pursue legal action. Filing a lawsuit enables you to claim compensation in court, but it typically takes longer. While you may be anxious to receive compensation due to mounting medical bills and other related expenses, avoiding rushing through your car accident case is crucial. Taking your time can enhance your chances of securing full compensation.
When pursuing a claim against a negligent party, having a Chicago accident attorney by your side is essential to guide you through the process. Reach out to a lawyer as soon as possible after the accident to explore your legal options.If you or someone you know has been injured in a car accident in Chicago, don’t hesitate to contact us at Lloyd Miller Law Group for assistance from our car accident attorneys.
