No, it's not necessary to hire a car accident attorney to file an Illinois lawsuit. While it's okay to represent yourself, it can be challenging when serious injuries, disputed fault, and loss are involved in the collision.
The city of Chicago is a very busy place and can have an increased risk for collisions. With major expressways such as I-90, I-94, and I-290 running through the city, Chicago sees substantial daily traffic from commuters, commercial vehicles, and other motorists. Under 735 ILCS 5/13-202, Illinois has a two-year statute of limitations for a personal injury action.
If it is a serious accident, it is best to consult with respected lawyers for car accident litigation in Chicago to help you evaluate all the evidence and time limits.
Let’s explore this!
When Is a Lawyer Worth Hiring?
A lawyer can come in handy in cases where facts are in dispute and losses are significant. An attorney will be able to put together the evidence and create a case of negligence if other drivers are at fault and you have photos, medical reports, or witnesses to back up your version of events.
An attorney can assist if the insurance company is challenging the worth of your injuries. Medical expenses are just one of the costs. A claim is impacted by lost income, future treatment, and pain and suffering.
Illinois has a modified comparative negligence law. According to 735 ILCS 5/2-1116, a plaintiff who is more than 50% responsible for his/her own injuries cannot receive damages. If the plaintiff is 50% or less at fault, the amount of damages awarded is reduced in proportion to their percentage of fault.
Can You File Without a Lawyer?
Yes. While people can represent themselves in a civil case, they are required to follow the same court rules and deadlines as attorneys, according to Illinois Legal Aid Online. This can get tricky in discovery, depositions, expert testimony, motions, and at trial.
Self-representation may be feasible if injuries are minor, the cause of the accident is obvious, and the claim is simple. But, even so, know the deadline for filing before moving forward.
What Does a Car Accident Lawyer Do?
An attorney will be able to investigate the accident, obtain records, deal with insurance companies, determine damages, and settle the case. The attorney may file pleadings, conduct discovery, cross-examine witnesses, and present evidence in court if the negotiations break down.
This is important in situations where there may be questions as to liability. A report of the crash, pictures, vehicle damage, medical report, and witness statements can all aid in determining what occurred.
What Should You Do Before Filing?
Collect the crash report, pictures, medical records, bills, insurance information, and contacts of the witnesses.
Document the effects of injuries on work, everyday life, and treatments.
Don't sign or make statements you don't understand.
Examine Illinois statute of limitations and special statutes of limitations.
Think about if the case is complicated enough to warrant legal representation.
Do not assume an insurance settlement offer reflects the full value of your losses. Once a claim is settled and released, additional compensation may be difficult to pursue.
Key Takeaways
An Illinois car accident lawsuit can be filed without the help of a lawyer.
The rules of the court, deadlines, and evidence procedures must be adhered to for self-representation.
A lawyer can assist with cases of doubt regarding who is at fault, who is injured, and/or who is responsible for damages.
In general, Illinois affords two years for a personal injury suit under 735 ILCS 5/13-202.
Illinois applies a 50/50 damage reduction rule, and no damages are allowed for fault over 50%.
If there is serious injury, significant loss, or complex evidence, legal representation is more beneficial.
