After suffering injuries from someone else’s negligence in a car crash, you may wonder if you need legal guidance to file your insurance claim. An Illinois personal injury lawyer can help you gather evidence and negotiate with the insurance company. They can also represent you on your behalf in court.
Hiring a lawyer experienced in auto accident claims boosts your chances of maximizing your financial recovery. Explore why you need a personal injury attorney after a car accident and how the lawyers from Nessler & Associates can help you win your case.
A Lawyer Can Collect Strong Evidence to Support Your Claim
Gathering evidence to develop your claim in a car accident case is essential. Evidence can help you and your lawyer determine who is at fault so you can file a lawsuit against them. Your lawyer can review pieces of evidence such as:
- Police reports
- Surveillance camera footage from nearby buildings
- Statements from other witnesses
- Information about other drivers, including their contact information, license number, and insurance policy
- Videos and photos of property damage, skid marks, license plates, and any visible injuries
They may also refer to accident reconstructionists who can examine the evidence and conclude who is responsible for the accident. If your lawyer believes a driver distraction was involved in your accident, they may subpoena the other driver’s cell phone records. These records may reveal if the driver was using their cellphone during the accident.
An Attorney Can Ensure You File Your Claim On Time
A car accident attorney can help you file your claim within Illinois’s statute of limitations. The time limit for filing a personal injury lawsuit in Illinois is two years from the date of the accident. If you fail to file a lawsuit within this window, you will be unable to receive compensation.
Your lawyer may also explore other legal options for you to get compensation. For example, your lawyer’s investigation may reveal that a drunk driver had just left a bar shortly before the accident. Illinois’s Dram Shop Law allows you to file a lawsuit against the establishment, which can broaden your compensation opportunities.
A Lawyer Can Accurately Calculate Damages for Your Claim
You may have incurred substantial financial losses and physical injuries due to the accident. An attorney can evaluate your losses to determine the damages you can receive from a personal injury claim. Potential damages include:
- Repair or replacement of a vehicle
- Mental and physical pain and suffering
- Medical expenses for emergency room care, hospital stays, rehabilitation and medications
- Loss of income, including benefits, commissions, and bonuses
- Loss of future earning capacity
Regardless of the severity of your injuries, your lawyer may recommend you seek medical attention to get a complete examination and diagnosis. The medical bills and statements from your treating physician can help your lawyer determine the extent of your injuries and financial compensation.
Your lawyer can use their network to reach out to a medical expert witness. Their testimony confirms how your injuries may affect your ability to earn a living.
Your Attorney Can Negotiate with the Insurance Company
The at-fault driver’s car insurance adjuster might devise tactics to lower your claim’s value. They might ask you questions that trick you into confessing fault for the accident. The adjuster could also make a low settlement offer, hoping you will accept it without question.
You can undertake the negotiations yourself, but you have a much better chance of gaining a favorable settlement when you hire a personal injury attorney. They can help you:
- Explain your rights and ensure you do not accept an inadequate settlement amount
- Review the at-fault driver insurance policy limits to understand the amount of compensation you can pursue in your claim
- Demand as much as possible up to the policy limits from the insurance company
It may take several months for your lawyer and the insurance company to negotiate a settlement. If this is the case, you may have to attend mediation, a process where both sides come together to exchange evidence and negotiate. Having an attorney guide you through this process helps you understand how to protect your right to compensation.
Your Lawyer Can Help You Navigate Illinois’ Modified Comparative Negligence Law
Illinois has a comparative negligence law, so the amount you may receive in compensation depends on your liability. If your percentage of responsibility is more than 50%, you may not recover any damages. However, your attorney can make a compelling case to lower your percentage of fault with solid evidence and negotiation tactics.
They can use their calculations to establish a baseline for your settlement. Your attorney can then emphasize the severe nature of the accident and the extent of your injuries. They can use your medical history and pictures of your injuries to show how they have affected your quality of life after the accident. Your lawyer can leverage these tactics to demonstrate how much compensation you need from your insurance company.
Your Attorney Will Prepare You for Trial
If you cannot agree with the insurance company, you may need to file a lawsuit against the at-fault driver. However, understanding the trial process can be complex if you decide to take your case to court, especially if you have little to no previous courtroom experience.
When you hire an attorney, they can help you understand the rules of civil litigation and ensure that you have fair legal representation. Your lawyer can:
- Go over questions they may ask you during the trial for you to prepare for them
- Review courtroom etiquette and appropriate attire
- Provide you with information about how the trial might go and address any concerns you may have about the process
Win Compensation with the Skilled Personal Injury Attorneys at Nessler & Associates
If you have suffered serious injuries or damages in an accident, contact the law firm of Nessler & Associates for legal guidance. An experienced car accident lawyer can evaluate your claim and advise you on the best course of legal action. Your lawyer can fight for your right to compensation in court and use evidence to support your position that you deserve a fair settlement for your injuries.
Our lawyers are experienced in Illinois personal injury cases and can represent you throughout every stage of the process. Contact us today at (800) 727-8010 to schedule a no-obligation free consultation.