Should I Sue After a Car Accident?

Monday, January 15, 2024

Should I Sue After a Car Accident?

Written by Malman Law, reviewed by Steve J. Malman.

You’re cruising down the highway, singing along to your favorite tunes on the radio. Out of nowhere, another vehicle suddenly swerves into your lane. Before you even have a chance to react, your car starts spinning. The sound of crumpling metal fills your ears, leaving you disoriented and battered.

Now, what do you do? In Illinois, you have the right to take action against the driver responsible for the accident. Is suing the right choice? This is when you need to contact a Chicago car accident attorney.

Together with your attorney, you can consider certain elements- such as the extent of your injuries, vehicle damage, and whether or not the other driver’s insurance company adequately covers your costs.

Determining Fault After a Car Accident in Illinois

Understanding who bears responsibility after a car accident in Illinois is essential in determining if you have grounds for legal action.

Take a look at the police report. The officer who responded will assign fault at the scene. If they find that the other driver was primarily at fault, it can bolster your case.

Speak with witnesses. Make sure to gather contact information from any witnesses and ask them to provide a written statement regarding what they observed. Witness testimony can be instrumental in establishing the negligence of the other driver.

Take some time to familiarize yourself with traffic laws. If it turns out that the other driver violated any traffic laws, such as running a light, disregarding a stop sign, or driving while distracted, you can use the information to file and proceed with a claim.

Additionally, check for any signs of recklessness. Actions like driving under the influence or engaging in drag racing activities automatically place liability on the other driver.

It’s important to review insurance policies well. In Illinois, having liability coverage is mandatory; therefore, if the driver who caused the accident possesses insurance, your lawyer can help you negotiate a claim. Your attorney will also help you file a lawsuit if what you’ll receive in insurance is not enough for your needs.

Your attorney may write a policy limit demand letter to help you get the compensation you require to help in your recovery.

In situations where determining liability is unclear, or the insurance company is denying or delaying your claim, your lawyer may find grounds for filing a lawsuit to recover compensation. They can handle all the proceedings on your behalf.

By examining all the details surrounding your accident and familiarizing yourself with Illinois traffic laws, you can construct a compelling case – a lawsuit that demonstrates and proves the negligence and liability of the other driver.

So, don’t hesitate to pursue an action for injuries and losses. By gathering the required evidence and having a competent lawyer at your side, you’ll have a more positive outcome.


Time Restriction for Personal Injury Claims

Also, it’s important to remember that time restrictions apply when it comes to filing a lawsuit after a car accident in the Prairie State. This time limit is referred to as the statute of limitations – the window of time that typically spans two years.

To ensure that your claim remains valid, you need to take action as soon as you’re able – ideally, within six to 12 months following the accident is best. The earlier you seek advice from an attorney, the better. They can thoroughly investigate the details of your case, determine liability, and initiate proceedings on your behalf before the filing deadline.

Contact a Chicago Car Accident Lawyer Now

In Chicago, Illinois, contact Malman Law about your car accident claim now. Make sure you receive what you deserve in compensation. Don’t delay in claiming what you deserve for your personal injury claim.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023

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