Legal Timeline of a Car Collision Case in Illinois
According to the Illinois Department of Insurance (IDOI), you may seek compensation for injuries after a car crash someone else caused by filing a personal injury claim with their insurance. But how long will it take for you to receive payment when doing so?
There is no universal answer to this question. Familiarizing yourself with the settlement process can help you better understand the timeline of such cases.
Why Working with an Experienced Car Accident Lawyer Is Important
Personal injury cases can be complex. Before filing a claim, strongly consider enlisting the help of an attorney after a car wreck. Doing so is wise for the following reasons:
- A Lawyer Can Pursue Your Case for You – Your attorney can handle many tasks on your behalf throughout the claims process. Examples include investigating the accident, filing claims with the insurer, corresponding with insurance adjusters, and preparing the case for trial. Their help simplifies the overall task of pursuing compensation.
- A Lawyer Can Evaluate Settlement Offers – You may not know how much compensation you’re eligible to receive. Before accepting an insurer’s settlement officer, consult with an attorney to ensure it is fair.
- A Lawyer Can Push the Insurance Company – The insurance company might try to prolong its investigation of your claim to cause you stress. If they’re delaying the process, your lawyer can prompt them to work faster by threatening legal action.
A car crash lawyer can’t promise you will settle your case in a certain timeframe but they can give you an estimate regarding how long your case may take.
Stages of a Car Collision Case
The auto accident settlement timeline usually involves the following stages:
Making a claim
After a car crash, filing a claim begins with contacting the liable party’s insurer to alert them of your desire to file a claim. Per Illinois law, when you make a request, the insurance company has 15 working days to provide you with the necessary forms.
Investigation
The insurance company will investigate the claim. Their goal is to confirm the insured caused the crash.
Illinois law requires an insurance company to complete its investigation “within a reasonable time.” Usually, they have 60 days to investigate. The insurance company must let you know whether it will offer a settlement upon concluding its investigation.
The insurance company is legally responsible for properly investigating the cause of the crash. However, they also have a financial interest in determining that their policyholder was not to blame.
This is one of many reasons to consider hiring a lawyer to handle a personal injury case. A personal injury attorney can mount their own, independent investigation on your behalf. They may find evidence the insurance company overlooks, thus strengthening your negotiating position.
Compiling Evidence of Losses
You may be eligible for compensation for various losses resulting from a car wreck in Illinois, including:
- Medical expenses (which may include the cost of future/ongoing medical care)
- Lost wages (which may include loss of earning potential)
- Non-economic, intangible losses, like pain and suffering
You need to document your losses to show why you’re eligible to receive compensation for them. This may involve keeping copies of your medical records, documenting loss of income, and keeping diaries to attest to losses that don’t have a strict dollar value, like loss of enjoyment of life.
Sending a Demand Letter
When you send a demand letter, you submit claim paperwork and a request for compensation. Your demand letter should include evidence or documentation showing why you requested this particular sum.
Insurance Company Response
The insurance company may offer the settlement you request if your evidence is strong. However, it is important to remember that insurance companies are for-profit businesses. As such, they may not offer the full compensation amount you believe you deserve.
Settlement Negotiations
It may be necessary to negotiate with the insurance company if they don’t offer a reasonable settlement. You and the insurer might need to negotiate for some time before a compromise is reached.
Complaint
You can file a lawsuit if the insurance company does not offer a fair settlement. Per the statute of limitations in Illinois, you have two years from the date of a crash to file a personal injury lawsuit. You will not be eligible to receive compensation if you miss this deadline.
Factors that Can Affect Your Legal Timeline
The car crash settlement timeline can vary due to numerous factors, including:
- The Severity of Your Injuries – Severe injuries can permanently impact your quality of life. They may also deprive you of the ability to work. Calculating how much compensation you may be eligible for in these circumstances can be a complex process. In addition, if your injuries are serious, you may be eligible for a relatively large settlement. Rather than offering a fair settlement, a claims adjuster may be more likely to push back in these circumstances. Thus, the negotiation process could be somewhat lengthy.
- When Maximum Medical Improvement Is Reached – Maximum medical improvement refers to the stage when your injuries have healed to the fullest extent they can, at which point their long-term effects are clearer. The longer it takes to reach maximum medical improvement, the longer it may take to reach a settlement agreement.
- Disputes Over Liability – An insurance company may refuse to pay an injury claim if there are questions regarding liability. Guard against this by providing strong evidence showing their policyholder caused the accident when you first submit your claim.
- The Claim Is Denied or Injuries Are Not Covered – Insurance companies may use several strategies in an attempt to avoid paying personal injury claims. For example, the insurance company may argue that the nature or severity of your injuries was not a consequence of the accident.
- Whether a Lawsuit Is Filed – You may have to file a lawsuit if the insurance party won’t offer a fair settlement. Filing a lawsuit allows you to seek compensation in court, but it involves a longer timeline.
You may be eager to receive compensation with medical bills and related losses piling up. However, it’s important not to rush a car crash case. Being patient can increase your chances of receiving the full amount of compensation for which you may be eligible.
Contact a Skilled Car Collision Attorney for a Free Case Evaluation
The legal timeline of a car crash case can be difficult to predict without knowing more details about your case. An attorney from Salvi, Schostok & Pritchard P.C. would be happy to discuss this matter during a consultation. Learn more about how we can help throughout the auto accident settlement process by contacting us online or calling us today for a free case review.
