Getting in an accident is overwhelming. You may be seriously injured, or frightened by the prospect of it, and not sure which steps you should take next. It’s likely you will begin to worry about unpaid medical bills, missed time from work, and long-term health consequences.
Regardless of the types of injuries you’ve suffered, you deserve clear legal guidance that has your best interests at heart. That’s where Your Chicago Lawyer comes in. Here we explain step-by-step what to do after being in an accident and how we can help.
Step 1: Seek Immediate Medical Attention
To protect both your health and your legal rights, see a doctor, even if you do not think you were injured. Some injuries are delayed, or they may seem minor at first and worsen in the subsequent hours and days. Let a healthcare profession examine and evaluate you.
This step is also important for protecting your rights. If you do not see a doctor and your condition worsens, the at-fault party will attempt to blame you for aggravating your own injuries. Don’t give them an argument to use against you.
Step 2: Document the Accident Scene and Gather Evidence
Call police and ask for an officer to come to the scene to generate a police report. Take pictures and record videos of the accident scene and of your injuries. Ask any witnesses to give you their names and contact information.
Step 3: Talk to an Experienced Chicago Attorney
As soon as you are able, speak with a personal injury lawyer. Do not speak with any insurance company representatives or sign any documents they send, and limit your communications with law enforcement to the basic facts. Let Your Chicago Lawyer handle all correspondence with the insurance company and the at-fault party.
Step 4: Reach Maximum Medical Improvement (MMI)
MMI refers to the maximum recovery you are expected to make from your injuries, meaning your doctor has determined that you have stabilized. Reaching MMI is important so you can assess the full worth of your claim. It will help you determine the value of such damages as:
- Medical bills, including reasonably estimated future medical needs
- Rehabilitation and physical therapy costs
- Lost wages
- Decreased earning capacity
- Pain and suffering
- Disability and long-term care
Step 5: Prepare a Settlement Demand
Once Your Chicago Lawyer understands your medical condition and the likely value of your damages, it’s time to prepare a settlement letter to send to the at-fault party’s insurance company. This correspondence will include such details as:
- The basic facts about the accident, such as the date, time, location, and identities of all parties involved
- Details as to why and how the at-fault party (the insured) caused the accident
- An explanation of your injuries and damages
- Supporting documentation such as medical bills, doctors’ notes, and income statements
- A demand for the amount of compensation that will settle the claim
Step 6: Settlement Negotiations
Once your lawyer sends the demand letter, settlement negotiations usually begin. Many Chicago accidents are settled during an out-of-court process known as mediation. This is an effective way to reach an agreement that saves everyone time and money.
Step 7: File a Lawsuit if Necessary
If the at-fault’s insurance company refuses to negotiate in good faith, then your attorney will file a complaint and serve it in accordance with the Illinois Code of Civil Procedure. The complaint will:
- Identify all parties involved
- State the basic facts of how the accident occurred
- Establish the necessary elements of a personal injury claim (duty, breach, causation, damages)
- Give information about the compensation you are seeking
Step 8: Discovery
Filing a lawsuit opens the door to discovery, the formal process by which the parties request and exchange documents and information pertaining to the accident. Your Chicago Lawyer will use discovery to gather additional evidence, and so too will the insurance company and their lawyers. Your lawyer will help you respond to the discovery requests you receive.
There are various discovery tools available such as:
- Interrogatories: These are written questions that the receiving party must answer under oath.
- Requests for Production of Documents: Use these to seek driving records, insurance policies, and other written documents.
- Requests for Admissions: Statements that a party must admit or deny, which can determine which facts are in dispute and which are not.
Step 9: Further Negotiations and Pre-Trial Preparation
It is likely that negotiations will continue unless and until it becomes clear that neither party is open to further compromise. Your Chicago Lawyer will not assume that the case will settle, but will prepare for trial. This includes:
- Organizing all exhibits you want to have entered as evidence in court
- Finalizing the list of witnesses you wish to have testify
- Filing pre-trial motions, such as requests for the judge to exclude certain evidence
- Drafting the opening and closing statements
- Creating a comprehensive trial strategy
Step 10: Trial and Judgment
If the case does not settle, then it will move forward to trial. In court, your attorney will call witnesses and present evidence to show that the at-fault party caused your accident. Opposing counsel will try to refute your evidence and present their own arguments.
Your Chicago Lawyer will understand the various rules that govern trial. These include the Rules of Evidence, Code of Civil Procedure, and local court rules.
Count On Us to Guide Your Case Each Step of the Way
Regardless of the nature of your accident or your injuries, you have a trusted legal ally in Your Chicago Lawyer. We will work hard to settle your case if possible, but we are not afraid to take it to trial if necessary. If you’ve been injured, call us or complete our online contact form to get started on your case.