You probably expect a ton from your Chicago accident attorney. You expect them to respond to your communications. More importantly, you expect your attorney to put their all into proving your accident claim. You may even have a few unrealistic expectations like promising to successfully settle your claim for its maximum value.
We’re not saying it’s not possible but it may be a little unrealistic. With that being said, what are the expected duties of a Chicago accident lawyer? After all, if you don’t know what to expect from your injury lawyer how will you know if they’re doing their job?
Some duties you expect from an accident attorney are pretty basic. You don’t expect to wait days for your attorney to respond to your phone calls and emails. You also expect your attorney to be actively helping you navigate the claim process. This means doing more than handing you a claim form and sending you on your way. Your attorney should be able to go through every line on the claim form with you.
Along with these relatively standard duties, there are also some you may not consider. However, if your attorney isn’t willing or able to perform all of their duties, it’s probably time to look for other legal representation.
We touched briefly on this. You expect your attorney to help you file an accident claim. This goes a little past assisting you in filling out your list of damages. Using things like your medical expenses and property damage costs, your attorney can draft a detailed letter of demand. This is a crucial step in the claim process you don’t want to mess up.
Your letter of demand goes to the at-fault driver’s insurance provider. The letter simply outlines your accident claim and its expected value. Hopefully, the insurance company will review the letter and agree to reach a settlement. If this happens, you’re almost finished with the legal process. All that’s really left is finalizing some details and waiting for your settlement check to hit your bank account.
Some evidence and records you can take care of even from a hospital bed. You can get copies of your official accident report online. Just have your credit or debit card ready, there’s a small fee, and a copy of your accident report will pop up in your inbox. The same also applies to your medical records. Just sign a release form and copies of your medical files are ready to go.
You also shouldn’t have a problem getting documents like bills, receipts, and estimates to support property damage claims. Your pay stubs and other financial records are usually enough to support any claims of lost income. Everything seems to be covered, right? Sometimes this is all you need. If so, congratulations on your relatively straightforward accident claim.
However, most personal injury claims require a little more evidence and this is usually when your attorney’s duties kick in. Your accident attorney can subpoena video footage that can support your version of events leading up to the traffic accident.
Are there witnesses to the collision? If so, your attorney can handle the interviews. The insurance adjuster is also going to interview any witnesses so it’s usually vital you get their statements. If a fault is in question, your attorney can bring in accident scene reconstruction specialists.
Illinois is both an at-fault and comparative negligence insurance state. This means you file your claim against the at-fault driver’s insurance provider. However, don’t get too overly confident. Comparative negligence may be a factor in your accident claim. This insurance rule allows for more than one individual to be liable for causing an accident.
Here’s a quick example. If you make an illegal lane change and are hit by a speeding driver, both of you are probably liable for the accident. Now it’s up to the responding authorities and insurance adjusters to figure out percentages of fault. As long as you’re not more than 50% at fault for the vehicle collision you can still file an accident claim. However, your compensation is going to be reduced by your percentage of blame.
Since you’re probably not looking forward to seeing your claim’s value reduced, you can file an appeal in civil court. This is when your attorney’s duties start. Your attorney can argue fault in court in hopes of having your percentage of fault reduced or even eliminated.
Have you ever tried to negotiate with a toddler whose favorite word is no? This is kind of what it’s like negotiating an accident claim with the at-fault party’s insurance company. You’re probably going to hear a ton of refusals. Keep in mind that the insurance company’s primary goal is to get you to accept a ridiculously low settlement.
You have the right to accept any settlement offer, regardless of your attorney’s advice. However, once you accept the insurance company’s offer your accident claim is officially closed. So, even if bills from the accident keep coming in, you can’t receive additional compensation.
A duty your attorney may be looking forward to is negotiating with insurance companies. For a skilled negotiator like your attorney, fighting for a fair settlement can be a little invigorating. If the insurance company refuses to budge from their low offer, your attorney is ready to file a lawsuit. Sometimes, the threat of going to court is enough to bring the insurance adjuster back to the negotiating table.
Most personal injury claims are settled out of court. Some do make it to the inside of a courtroom and this is definitely when you need an experienced attorney.
As part of their legal duties, your attorney will argue your accident case. From presenting evidence to interviewing defense witnesses, your accident attorney will work to help ensure you can receive compensation to cover your damages.
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