Common Misconceptions About Car Accident Claims in Illinois
When it comes to car accident claims in Illinois, many misconceptions can lead to confusion and frustration for those involved. The process of filing a claim can be overwhelming, especially if you’re unfamiliar with the legal system. As personal injury attorneys, we understand that misinformation can hinder your ability to seek the compensation you deserve.
In this blog, we’ll address some of the most common misconceptions about car accident claims in Illinois to help you better understand the claims process and your rights.
Misconception #1: You Have to Go to Court to Get Compensation
Many people believe that filing a car accident claim automatically means you’ll end up in court. This misconception can discourage individuals from pursuing their claims, fearing the stress and expense of a lengthy court battle. The truth is that many car accident claims in Illinois are settled out of court. Insurance companies and personal injury attorneys often negotiate settlements that are fair and satisfactory for both parties.
In some cases, going to court might be necessary if a fair settlement can’t be reached. However, this is the exception rather than the rule. Our firm’s goal is always to resolve your case as efficiently as possible while securing the compensation you deserve. We work diligently to negotiate settlements that meet your needs without the need for a court appearance, allowing you to move forward without the added burden of a trial.
Misconception #2: The Insurance Company Will Offer a Fair Settlement
It’s a common belief that insurance companies have your best interests at heart and will offer a fair settlement right away. Unfortunately, this is often not the case. Insurance companies are businesses, and their primary goal is to minimize payouts to protect their profits. As a result, the initial settlement offer you receive may be significantly lower than what you’re entitled to.
We have seen countless cases where individuals accept lowball offers, thinking it’s the best they can do. This is where personal injury attorneys play a crucial role. We analyze the full extent of your damages, including medical bills, lost wages, and pain and suffering, to determine the true value of your claim. By having a skilled attorney on your side, you can guarantee that you receive a fair settlement that reflects the actual impact of the accident on your life.
Misconception #3: You Can’t File a Claim If You Were Partially at Fault
Another common misconception is that if you were partially at fault for the accident, you cannot file a claim. In Illinois, this is not true. We’ve found that Illinois follows a modified comparative negligence rule, which means you can still recover damages as long as you were not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you were found to be 20% at fault and your damages amounted to $100,000, your compensation would be reduced to $80,000. It’s essential to hire attorneys who can accurately assess the circumstances of your case and advocate on your behalf to minimize your percentage of fault, helping you receive the maximum compensation possible.
Misconception #4: Minor Injuries Don’t Warrant a Claim
Many individuals believe that if they only sustained minor injuries in a car accident, it’s not worth filing a claim. This misconception can be particularly harmful, as it overlooks the potential long-term effects of even minor injuries. What might seem like a minor injury at first could develop into something more serious over time, leading to ongoing medical expenses and other related costs.
Even if your injuries seem minor, it’s essential to seek medical attention and consult with personal injury attorneys to evaluate your situation. Filing a claim can help you secure compensation for medical bills, lost wages, and any future complications that may arise. Don’t let the misconception that your injuries are too minor to warrant a claim prevent you from protecting your rights and future well-being.
Misconception #5: You Have Plenty of Time to File a Claim
Some people assume they have an indefinite amount of time to file a car accident claim, leading them to delay the process. In Illinois, there is a statute of limitations for filing personal injury claims related to car accidents. We’ve found that you generally have two years from the date of the accident to file your claim. If you miss this deadline, you may lose your right to seek compensation altogether.
Time is of the essence when it comes to car accident claims. Evidence can disappear, and witnesses’ memories can fade, making it more challenging to build a strong case. It’s crucial to contact personal injury attorneys as soon as possible after your accident to begin the process and confirm that your claim is filed within the appropriate time frame.
Misconception #6: You Don’t Need an Attorney to File a Claim
While it is technically possible to file a car accident claim on your own, doing so without legal representation can put you at a significant disadvantage. The legal system can be challenging, and insurance companies have teams of attorneys working to protect their interests. Without an attorney, you may struggle to manage the legal process and negotiate a fair settlement.
Our firm’s experience and dedication are invaluable when it comes to handling car accident claims. We work closely with clients to understand their unique situations, craft tailored strategies, and advocate effectively for their interests. By having experienced attorneys on your side, you can focus on your recovery while we handle the legal aspects of your case, positioning you to pursue the benefits you deserve.
Misconception #7: All Personal Injury Attorneys Are the Same
A final misconception we often encounter is the belief that all personal injury attorneys are the same, and it doesn’t matter who you choose to represent you. This couldn’t be further from the truth. The quality of your legal representation can significantly impact the outcome of your case.
Our firm boasts over ten decades of combined experience working with individuals and against insurance companies. We don’t just handle cases; we truly listen to your story, understand your situation, and work tirelessly to secure the best possible outcome for you. We collaborate closely with not only clients but also businesses, doctors, and other parties involved in your case, all with the singular purpose of advocating for your interests. Choosing the right attorney can make all the difference in whether you receive the compensation you deserve or settle for less than you’re entitled to.
If You’ve Been Injured, Call Us Today
Car accident claims in Illinois can involve many challenges, but understanding the common misconceptions can help you manage the process more effectively. Whether you’re worried about going to court, unsure about the fairness of a settlement offer, or concerned about filing a claim if you were partially at fault, it’s important to have accurate information and experienced legal representation.
As personal injury attorneys, our goal is to offer quality representation to each client we serve. We listen to your story, craft strategies suited to your goals, and work closely with all parties involved in your case. With our dedication and understanding, we’re here to help you pursue the compensation you deserve and move forward with your life. If you have any questions about your car accident claim, don’t hesitate to reach out to us at Stiberth, Scarlati & Boudreau, LLC. Our office is located in Chicago, Illinois, and we're proud to serve our neighbors throughout Cook County and the Collar counties.