Illinois Auto Accident Frequently Asked Questions

Hurt in a Car Accident? Talk to an Attorney Before You Settle Anything.

After a car accident, an insurance company may contact you surprisingly quickly. You may be asked for a statement, presented with paperwork to sign or even offered money to settle your claim.

If you have been injured, it is always worth speaking with an attorney before signing documents or accepting a settlement. Once a claim has been settled and a release has been signed, you may not be able to seek additional compensation if your injuries turn out to be more serious than you initially believed.

Giamanco Law Partners offers a free, no-obligation consultation to help you understand your options before making those decisions. The goal is not to pressure you into hiring a lawyer. It is to give you an opportunity to explain what happened, ask questions and get straightforward guidance from an attorney.

Getting started can be as simple as a phone call, video call or email explaining what happened. With five office locations, our attorneys are available to clients throughout the area, and when circumstances require it, we are willing to travel to meet with injured clients. You should not have to make an already difficult recovery harder just to get answers from a lawyer.

Common Questions after an Auto Accident

Your health comes first. Seek appropriate medical attention, even if you initially believe your injuries are relatively minor. Some injuries become more apparent in the hours or days following a collision.

If possible, preserve information about the accident. Photographs of the vehicles and accident scene, witness information, the police report, insurance information and records of your medical treatment may all become important later.

If you have been injured, consider speaking with an attorney before giving detailed statements to an insurance company or agreeing to a settlement.

You will probably need to communicate with an insurance company at some point, but that does not mean you need to immediately provide every statement, authorization or document an adjuster requests.

Remember that the insurance company is evaluating a claim that it may ultimately have to pay. Before giving a recorded statement or signing documents you do not fully understand, you can speak with an attorney about your rights and obligations.

Not before you understand what you may be giving up.

An early settlement can be tempting, particularly when medical bills are arriving or you have missed work. The problem is that an offer may come before you know the full extent of your injuries, whether additional treatment will be necessary or how the accident will affect you financially over the long term.

Accepting a settlement generally requires resolving the claim permanently. That is why it is worth having an attorney review your situation before you sign a release or accept an offer.

That does not necessarily mean you do not have a claim. Pain and other symptoms can develop or worsen after the initial shock of an accident wears off.

The important thing is to take your health seriously. Seek appropriate medical care and explain your symptoms accurately to your medical providers. If your condition changes, continue to address it rather than assuming you simply have to live with it.

Do not assume an insurance adjuster’s assessment is the final word.

Illinois uses a modified comparative negligence system. Depending on the circumstances, an injured person may still be able to recover compensation even if they share some responsibility for an accident, although the amount recovered can be reduced according to their percentage of fault.

Questions about fault can depend on much more than what appears in the initial police report. Photographs, witness statements, vehicle damage, video and other evidence may help establish what actually happened.

Every case is different, but compensation in an injury claim may account for losses such as medical expenses, lost income, pain and suffering, disability, disfigurement and the future effects of an injury.

Determining the value of a claim requires understanding both what has already happened and how the injury is likely to affect you going forward. That is another reason to be cautious about settling a claim too early.

You may still have options.

Your own automobile insurance policy may provide uninsured motorist coverage when an at-fault driver has no applicable insurance. Underinsured motorist coverage may also become important when the responsible driver’s insurance is not sufficient to compensate you for your injuries.

These claims can involve your own insurance company, but they can still become contested. An attorney can review the available policies and help determine what coverage may apply.

Passengers injured in car accidents may have claims even when they had nothing to do with causing the collision.

Depending on what happened, coverage could potentially be available through the driver of another vehicle, the driver of the vehicle in which you were riding, or applicable uninsured or underinsured motorist coverage.

Not every accident requires an attorney. If there are no injuries and the only issue is minor property damage, legal representation may not be necessary.

But if you were hurt, there is very little downside to getting legal advice before resolving the claim. A free consultation can help you understand whether the matter is something you can reasonably handle yourself or whether having an attorney involved could protect you from making an expensive mistake.

Legal deadlines apply to personal injury claims, and the applicable deadline can vary depending on the circumstances and the parties involved.

Waiting can create other problems as well. Video can be erased, witnesses become harder to locate and evidence can disappear. Speaking with an attorney early gives you an opportunity to identify important evidence and determine which deadlines apply to your particular case.

The initial consultation is free and there is no obligation to hire the firm.

Personal injury cases are generally handled on a contingency-fee basis, meaning there is no upfront attorney fee and the attorney’s fee is an agreed-upon percentage of the compensation recovered for you. The fee arrangement will be explained before you decide whether to move forward.

Not necessarily. Many car accident claims are resolved through settlement without a trial.

However, a fair settlement sometimes depends on being prepared to pursue a case further when an insurance company refuses to offer reasonable compensation. Giamanco Law Partners has extensive experience handling personal injury matters in negotiations, arbitration and at trial.

Start wherever you are.

Call us, schedule a video conversation or send us an email telling us what happened. You do not need to have every document collected or know exactly what kind of claim you have.

Giamanco Law Partners has five office locations, and our attorneys can also travel to meet with injured clients when necessary. The first step is simply getting the conversation started.

Before You Sign Anything, Get Answers

If you were injured in an Illinois car accident, you do not need to decide today whether you want to file a lawsuit or hire an attorney. But you should understand your rights before an insurance company asks you to make a decision that could be permanent.

Schedule a free consultation with Giamanco Law Partners. Tell us what happened by phone, video call or email, and let an attorney help you understand your options before you sign a release, accept a settlement or give up rights you may need later.