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Chicago Car Accident Lawyer
A sudden car crash can turn your life upside down in a matter of seconds. Between mounting medical bills, painful injuries, and aggressive insurance adjusters pressuring you to accept a lowball offer, the days following a collision are incredibly stressful. You shouldn’t have to navigate the complex legal system alone while you are trying to heal.
At Salvi, Schostok & Pritchard P.C., our
Chicago car accident attorneys
have spent over 40 years protecting the rights of the injured. We handle the insurance companies, the investigations, and the legal hurdles so you can focus entirely on your recovery. Our dedication to maximizing client compensation has resulted in over
$3.5 billion in verdicts and settlements
.
What to Do Immediately After a Car Accident in Chicago
The steps you take right after a crash can significantly impact your physical recovery and the overall value of your personal injury claim. If you have been involved in a collision, take these steps to protect yourself:
Call 911 and Relocate to Safety:
Move your vehicle out of traffic if it is safe to do so. Always wait for the Chicago Police or Illinois State Police to arrive so they can document the scene and create an official crash report.
Seek Immediate Medical Attention:
Adrenaline can easily mask the pain of severe injuries like whiplash, concussions, or internal trauma. Get evaluated by a medical professional right away. Your medical records will serve as critical evidence connecting your injuries to the crash.
Document the Scene:
Take clear photos and videos of all vehicle damage, your visible injuries, skid marks, road conditions, and nearby traffic signs.
Gather Information:
Collect names, phone numbers, license plate numbers, and insurance details from the other drivers. If there are eyewitnesses, get their contact information as well.
Do Not Give a Recorded Statement:
The at-fault driver’s insurance adjuster will likely call you shortly after the accident. Decline to give a recorded statement, apologize, or sign any documents until you have legal representation.
Consult a Chicago Car Accident Lawyer:
Before the insurance company tries to minimize your payout, reach out to our legal team for a free case evaluation to understand your rights and options.
Learn more about the detailed steps to take after a car accident.
OR
Record-Breaking
Results
How Our Chicago Auto Accident Lawyers Can Help You
Studies consistently show that car accident victims who retain an experienced car accident attorney recover more in damages than those who try to deal with an auto insurance company alone
.
A skilled
Chicago car accident lawyer
provides comprehensive services aimed at recovering the maximum
compensation for you and your family after a car accident
.
An experienced car crash lawyer on our team will:
Thoroughly investigate your car accident
to gather crucial evidence, including police reports and witness statements.
Consult with leading experts
, including accident reconstruction specialists, medical professionals, and life-care planners to build a strong case for your injury claim
.
Analyze all insurance policies
relevant to your car accident claim, including the at-fault driver’s policy and your own insurance company protection, like uninsured motorist coverage.
Ensure all legal documents are filed correctly
and within the strict deadlines of the statute of limitations
.
Aggressively negotiate with the insurance company
to fight for a fair settlement for your car accident.
Present a powerful and persuasive case
on your behalf if your car accident lawsuit goes to trial
.
Resolve any medical liens
attached to your recovery to ensure you receive the funds you need for your medical bills and future financial security
.
Proven Results in Car Accident Lawsuits
Our Chicago car accident attorneys are committed to ensuring our clients are fully compensated for all their losses following a devastating crash. We take pride in the professional and compassionate service we provide to every client, fighting tirelessly to secure the resources they need to rebuild their lives and afford essential medical care. As a leading Chicago car accident law firm, we deliver proven results.Â
Recently, our legal team secured a
$60.7 million settlement
for the family of a 10-year-old girl who was tragically killed when her family’s vehicle was struck during an unauthorized police pursuit. While no amount of compensation can ever replace the loss of a child, this landmark result held the responsible parties accountable. Our accident lawyers are prepared to advocate just as fiercely to get you the compensation your family deserves. Our recent case results include:
To learn how a
local
car accident lawyer
from our team can help you, contact us today for a free consultation
.
Our team is ready to help
.
What Can I Recover After a Car Accident in Chicago?
A car accident can result in heavy financial losses. According to the
Illinois Department of Transportation (IDOT)
, the average costs of a crash in Illinois were:
Fatal crashes – $1,479,670
“A” injury crashes* — $72,580
Property damage crashes – $9,280.
*
An “A” injury crash results in car crash injuries that prevent a victim from walking, driving, or “normally continuing the activities he/she was capable of performing before the injury occurred.”
The amount of compensation that can be recovered in a car accident lawsuit in Chicago or elsewhere in Illinois will depend on the case’s unique facts and legal issues, including the availability of insurance coverage. However, the damages typically sought in a car accident lawsuit are:
Vehicle Repair or Replacement
Reimbursement for all necessary repairs to your vehicle or the fair market value for your car if it is declared to be a “total loss” by the insurance company.
Payment For Medical Bills
All past and future medical costs that arise from the
treatment you need due to your accident
, including emergency care, surgery, hospitalization, medication, assistive devices and rehabilitation.
Punitive Damages
Damages that are intended to punish a party for engaging in especially egregious misconduct such as drunk driving (and to deter that party and others from engaging in similar conduct in the future).
Pain and Suffering Compensation
Compensation for all physical and mental suffering that you experience due to being involved in a crash caused by another person.
Lost Income Compensation
All past and future wages that you lose because your injuries prevent you from being able to work and earn a living. Compensation should include all bonuses, commissions, fringe benefits and income you would have earned through self-employment.
If you lost a loved one in a car accident, you may be able to seek coverage of all medical costs as well as:
Funeral and burial expenses
Lost financial support
Loss of consortium
 or loss of companionship.
If your own negligence partially contributed to an auto accident, you may still be able to recover damages. Your recovery would be reduced according to your percentage of fault. If you were 51 percent or more at fault, you would be barred from recovering anything unless the other party was engaged in reckless conduct such as drunk driving.
“My wife and I were involved in a severe car accident and were injured… we ended up recovering a settlement that was over 3x the original offer. I highly recommend Salvi, Schostok, and Pritchard if you have been in an accident and need a great attorney.” – Jeff M., 5 out of 5 stars
How Our Chicago Car Crash Attorneys Investigate Car Accidents
At Salvi, Schostok & Pritchard P.C., we believe it is crucial to conduct an immediate, thorough investigation of a car wreck so as to ensure that no evidence is lost or destroyed. It is critical that you contact a Chicago car accident attorney immediately about your car accident claim.
We can collect extensive evidence in your case, including:
The police crash report
Photos of the accident scene
Photos of the damaged vehicles
Eyewitness statements
Information from the event data recorder (EDR, or “black box”)
Cell phone records and other electronic evidence
Manufacturer records or recall information
Medical records and work records
We can also consult with highly qualified experts who can help us determine:
Who caused the accident?
Who should be held liable?
How much you deserve to recover?
Our goal is to compile enough evidence to establish a solid car accident claim and make the best case possible for full and fair compensation. We aggressively negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom.
As we pursue compensation for our car crash clients, our experienced attorneys can search through all possible options, including:
Uninsured motorist (UM) coverage
You are required by Illinois law to have this coverage. It covers bodily injury to you, your passengers, members of your household or others authorized to drive your car if the other driver lacks liability coverage
Car Insurance Claims: Understand the Dos and Don’ts
Insurance companies prefer to minimize the amount they pay out in claims. So, when it comes to your insurance claim, be smart and document what you can. Here are some things to do and not do when it comes to your claim.
As we stress to each of our clients: Do not speak with the insurance company unless you have first talked with an attorney. You do not want to say or sign anything that will cost you the chance to obtain a just recovery for your losses after a car wreck.
At Salvi, Schostok & Pritchard P.C., we will conduct a comprehensive review of your car accident case to determine the full extent of your losses and the proper value of your motor vehicle accident claim. We can then negotiate directly with the insurance company or go to court on your behalf to
obtain a car accident settlement
.
We can also carefully resolve any healthcare, workers’ compensation, or other liens that may be attached to your recovery after an auto accident.
Read more about what to do if you have been in a crash in Chicago…
Common Car Wreck Injuries in Chicago
Client Reviews
“My daughter had a very positive experience working with Salvi, Schostok & Pitchard after being involved in a car accident in 2014. When I had an accident a year later, I knew exactly who to turn to for help. From the very beginning, the attorneys and staff were friendly and answered all my questions. I have always appreciated that they have been there for me..”
“Salvi, Schostok & Pritchard is a fantastic personal injury law firm. Their level of professionalism exceeded our expectations. But it’s their sensitivity to the delicate nature of my accident and injuries that made our experience truly satisfying. The litigation process was long and trying for our family, which was to be expected, but SS&P understood this and made every effort to meet our needs and reinforce my confidence that we put our faith in the right partners to achieve our goals. This is not just a profession to them. The lawyers at Salvi, Schostok & Pritchard care about the well-being of their clients..”
– Teresa Burns
“I had an automobile accident in February 2018 and the person responsible for the accident was not willing to take responsibility for my personal injury. So, I checked out local firms and ended up with Salvi, Schostok & Pritchard. I had an outstanding experience working with Salvi, Schostok & Pritchard. My attorney John Mennie was extremely helpful, always willing to answer questions, and knowledgeable in his field of personal injury. John Mennie and legal assistant Mandy Palmer were always quick with responses to email and phone calls. We had almost 3 years working together to get what was, in my opinion, a very fair settlement. John Mennie went out of his way to get expert witnesses and information from the many doctors who treated me along the way. John was also thorough and respectful of not only my time but also my lack of knowledge in this area. I would highly recommend John Mennie and this firm to anyone who is questioning whether you have a case. They did not charge me anything until the settlement and their portion was very reasonable..”
– Elaine Fields
“I was referred to Salvi, Schostok & Pritchard following my auto accident. The entire team made this very difficult time in my life better. Not only did they get me a fair settlement, they also cared about my personal welfare. They went above and beyond my case and worked to get the intersection where my accident happened improved to make it safer. Salvi, Schostok & Pritchard cares not only about your case but the community as well. I highly recommend this firm for their professionalism and knowledge!”
– Bill B.
Chicago Car Accident Facts
The Illinois Department of Transportation (IDOT) reports that 296,049 auto accidents occurred in our state in one recent year, or a rate of 811 crashes per day. Those crashes caused:
The following
car accident facts
break it down by county. The majority of those crashes – 69 percent – occurred in Cook County and its five bordering counties. As these stats show, driving can be especially dangerous in Chicago and surrounding areas, which may be due in part to the high volume of traffic, heavy road construction and large number of pedestrians and bicyclists who share the road with vehicles in our region:
61,084 Injuries
845 Deaths
County
Total
Injury
Fatal
Cook
137,271
27,204
231
DuPage
19,458
4,455
25
Lake
13,230
3,148
33
Will
12,426
2,710
40
Kane
9,851
2,586
27
McHenry
4,834
1,247
16
Total
197,070
41,350
372
The key is to take charge after an auto accident. You must act right away to protect your legal rights and increase your chances of obtaining a full recovery for the physical, mental and financial harm you have suffered. Like many others who have been impacted by a crash, you can move on in life with a sense of security.
Types of Car Accidents in Chicago and Illinois
TheÂ
types of car accidents
 that we most commonly encounter when working with injured victims and their families in Chicago and elsewhere in Illinois include:
Uber & Lyft Accidents
All of these services involve drivers who use their own cars to transport passengers. In this sense, the drivers with these ride-hailing companies are just like any other drivers you may encounter. Ridersharing drivers can engage in the types of careless and reckless conduct that causes accidents.
Speeding Accident
Speeding factors into roughly one-third of Illinois auto accidents, IDOT reports. A driver can cause a crash when he or she drives above the posted speed limit or goes too fast for weather and road conditions.
Semi-trailer Truck Accidents
Truck drivers often cause crashes due to speeding, fatigue, distraction or impairment. Many crashes involving large tractor-trailers (or semis) can be traced to mechanical defects. These crashes can result in severe and often
fatal injuries
due to the size and weight difference between trucks and passenger cars.
Pedestrian Accident
A driver failing to keep a proper lookout, rushing to beat a red light or turning with an obstructed view are common causes of crashes that occur at intersections in Chicago and other areas of Illinois.
Teen Driving Accidents
Distracted driving is a particular concern when it comes to young, inexperienced drivers. A recently published AAA Foundation for Traffic Safety study found that distraction played a role in 58 percent of teen crashes, including 76 percent of rear-end accidents.
Rear End Accidents
IDOT statistics show that these are the most common type of car accident in our state. In a recent year, there were 84,000 rear-end collisions in Illinois. They often are caused by a driver “tailgating” a car in front or failing to pay attention as he or she approaches a red light or stop sign at an intersection.
Self-Driving Car Accident
Throughout the country, a number of collisions have occurred involving self-driving vehicles. A Chicago car accident lawyer from Salvi, Schostok & Pritchard P.C. will know how to aggressively protect your rights.
Trinity Guardrail Accident
Illinois has banned future use of the ET-Plus, a guardrail system manufactured by Trinity Industries, Inc. To discuss your case immediately, please contact Salvi, Schostok & Pritchard P.C.
Distracted Driving
When a person tries to multitask behind the wheel, it can lead to a crash. Talking on a phone and texting while driving are common examples. Distracted driving also includes interacting with other passengers, eating and drinking, putting on makeup or any other activity that takes one’s attention away from driving.
Head-on Collisions
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol or fatigue.
Motorcycle Accidents
Careless mistakes by car drivers and motorcycle riders alike can lead to deadly accidents, including following too closely or trying to share the same lane. IDOT reports that motorcycle crashes accounted for 16 percent of the state’s traffic fatalities during a recent year.
Intersection Accidents
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol, or fatigue.
Side Impact Accident
These are also known as angle crashes or T-bone collisions. They commonly occur at intersections. They can produce severe injuries due to the lack of protection most cars provide on the sides.
Reckless Driving
Speeding, running a red light, tailgating, weaving in-and-out of traffic, refusing to yield the right of way – these are all forms of reckless driving (also called “aggressive driving”) that put others in danger.
Interstate Accidents
Chicago has seven major interstates and numerous smaller interstates and roads. We are passionate about helping victims and their families recover compensation.
Car Passenger Injury
When someone’s negligence or recklessness causes another person to be harmed, the person who was at fault can be held liable for the injured person’s losses, pain, and suffering. Contact us immediately for help with your case.
Common Causes of Car Accidents in Chicago, IL
Drunk Driving
IDOT reports that roughly one-third (30.4 percent) of the state’s fatal crashes during a recent year involved alcohol. In some circumstances, the establishment or social host who provided alcohol to the person who caused the crash can be held accountable.
Vehicle Defects
Many car accidents are not caused by driver error but rather by a defective automobile or automotive part such as brakes, tires, or steering. In some cases, a crash victim’s injuries are made worse by a defective safety feature such as an airbag or seatbelt.
Drugged Driving Accidents
A recent National Highway Traffic Safety Administration (NHTSA) roadside survey revealed a significant increase in the number of drivers who use illegal and prescription drugs while driving.
Highway Construction Accidents
Even slight misplacement of equipment or road markers in a highway construction zone can create a hazard that endangers the safety of motorists and workers alike. A government agency or its contractors may ultimately be held responsible for.
Drowsy Driving Accidents
Fatigue can have an impairing effect on a driver that is on par with alcohol or drugs. In fact, one recently published study estimated that fatigue plays a role in 6-10 percent of all motor vehicle accidents.
Texting-While-Driving Accidents
Texting while driving is illegal in Chicago and Illinois. At Salvi, Schostok & Pritchard P.C., we may seek to hold the driver liable for the harm you or your family member has suffered.
Auto Accident Claim FAQs
I was injured in a car accident. I have insurance, and I have the other driver’s insurance information. Why do I need a lawyer?
Do you know what the insurance company should pay you for your car accident? Do you know the elements of damage to claim under the law? Do you know what your case’s value is? Do you know what to do if the insurance company denies your claim?
An experienced car accident attorney from Salvi, Schostok & Pritchard P.C. will know how to stop an insurance company from taking advantage of you and seek maximum compensation for your injuries. We work with car accident victims, insurance policies and insurance adjusters every day.
Insurance companies are profit-minded businesses. They also work with car accident victims and insurance policies every day. They do not have your best interests in mind. They have an incentive to pay you as little as possible. If you are on your own and lack familiarity with the legal process, you are simply outmatched.
But when you retain a personal injury attorney, insurance companies must work through your attorney to resolve your case. Your attorney will work to investigate the accident, including photos, witness statements, traffic court, records and bill requests. Your attorney will also determine
what damages you should be paid
for the cost of your medical bills, lost income, pain and suffering, scarring and more.
My bills are piling up, and I have been unable to work because of my injuries. What is my car accident case worth?
The compensation you receive in a car accident lawsuit – whether through a verdict or settlement – should make you “whole.” In other words, it should come as close as possible to returning you to the position you were in before being injured by another person’s negligent driving. This amount will differ from case to case.
To determine the amount of damages that should be recovered in your case, your lawyer will examine many factors, including:
Past and future medical expenses
Lost income and diminished future earnings
Pain and suffering
You may also be eligible to recover
punitive damages
. Unlike the above damages, these damages are not aimed at making you whole but rather at punishing the party who harmed you in an auto accident and deterring future misconduct. These damages typically are awarded where the at-fault party engaged in reckless or intentional misconduct such as drunk driving or road rage.
If you have lost a loved one in a crash, you would seek
wrongful death damages
, which consists of “just and fair compensation” for your own losses, including the loss of money, goods and services provided by your loved one.
It is important to note that any recovery would be limited to the amount of available insurance coverage, including the at-fault party’s liability coverage and your own insurance such as
uninsured / underinsured motorist (UM / UIM) coverage
.
How do I pay for a lawyer?
At Salvi, Schostok & Pritchard P.C., our attorney fees are paid from the settlement or court award we obtain for you. We only receive this payment at the end of the case, and only if we are successful. Simply put: We don’t get paid until you do.
The payment does not come out of your own pocket. Instead, it is deducted from the check the insurance company writes if and when we obtain a recovery for you. If we do not obtain a recovery for you, you pay us nothing for our services.
The
American Bar Association
describes this as a “contingency” or “contingent” fee. The legal fee is contingent, or depends, on the result the law firm obtains for you and the amount of the recovery.
When we agree to pursue a claim for you, and you agree to have us represent you, we will enter into a contract that states that we will receive a percentage of any settlement or court award from the case plus repayment for costs.
You should note that Salvi, Schostok & Pritchard P.C. has a record of obtaining
results for our clients
in a wide range of personal injury and wrongful death cases, including 350 cases resulting in awards of $1 million or more.
We begin each case with a free and confidential consultation. This consultation allows us to answer questions you may have about your legal rights and options. It also allows us to review the facts of your case and help you to decide whether pursing a car accident claim is in your best interests.
My car accident was caused by another driver. Can I still collect money from my insurance company?
What your insurance company might pay you starts with what your policy entails.
If you have the minimum amount of auto insurance required by Illinois law, then you have coverage that is supposed to pay you for  a car accident caused by
uninsured motorists
.
Most of the auto insurance drivers are required to buy in Illinois is liability insurance. This coverage makes payments for injuries the policyholder causes others. So, typically, if you are in an accident caused by someone else, you seek a settlement through that driver’s liability insurance.
However, as the
Insurance Institute for Highway Safety
estimates, more than 12 percent of drivers lack required insurance. Even if they have the requisite coverage, it may be at the minimum levels and fail to cover the full amount of your losses. In fact, this tends to happen in severe accidents.
If the driver lacks insurance or has inadequate insurance, you can turn to your uninsured / underinsured (UM/UIM) coverage. At a minimum, your uninsured (UM) policy should pay $20,000 per person and $40,000 per accident for bodily injury caused by an uninsured motorist. Of course, you may have purchased more than the minimum. Your coverage would depend on the amount you purchased. If you have higher underinsured limits than the at-fault driver, you may be able to collect the difference between the policies.
So, yes – if you have coverage that applies, you can probably collect some money from your insurance company after a crash caused by another driver.
The question is: How much will you recover? You would like to get the maximum amount that your coverage provides. However, your insurer would like to pay you less – perhaps much less.
Even when you have what looks like a simple, straightforward claim, you can usually benefit from having help from Salvi, Schostok & Pritchard P.C.
How much time do I have to file a motor vehicle accident claim?
In Illinois, you must bring a legal claim within a specific time period after a motor vehicle accident. This is known as the “statute of limitations.” The statute of limitations that applies to your case will depend on the type of claim you assert.
The following are the Illinois statutes of limitations that often arise in motor vehicle accident cases:
Personal injury
– You have two years from the date of the accident in which to file your claim. The date of the accident is called the “accrual date.”
Wrongful death
– You must bring a claim within two years from the date of the death.
Product liability
– Two years from the date of the accident for a personal injury claim. However, in no case can a lawsuit be filed 12 years from the date of the first sale or 10 years from the date of the first sale to the vehicle’s initial user – whichever comes earlier.
Dram Shop Act
– You have one year from the date of the accident to bring a claim.
If you are suing a local government agency in Illinois, you must bring the action within one year from the date of the accident.
Exceptions may apply to your case. For instance, if a person has a legal “disability” such as being under the age of 18, the statute of limitations does not begin to run until after the disability has been removed.
The driver’s insurance company has offered me a settlement, but it barely covers what I’ve spent on hospital bills so far. Should I take the money and sign a release?
Not unless you have first spoken with a lawyer and given the lawyer a chance to review the insurance company’s offer first.
You should never accept an insurance settlement or sign anything that an insurance company representative offers to you without the advice of a lawyer who is experienced with the type of accident you have been involved in. You could be giving up money you deserve.
You may not be getting fairly and fully compensated for your injuries and expenses, including:
Past and future medical expenses
Lost wages and future lost earnings
Pain and suffering.
The attorneys at Salvi, Schostok & Pritchard P.C. can sit down with you and review your circumstances to determine whether you are entitled to a better settlement for your losses.
Can I get compensated if I was partly at fault for my car accident?
Even though your own negligence may have contributed to your car accident, you may still be able to recover damages. Whether you are eligible – and the amount you can recover – will depend on the extent of your fault.
Under
Illinois’ modified comparative negligence law
, you can recover damages as long as you are less than 50 percent at fault for the injuries you have suffered. However, your damages will be reduced according to the percentage of fault attributed to you. If you are more than 50 percent at fault, you are barred from recovering anything.
So, let’s say you are sitting at a red light. When the light turns green, you delay going. A driver approaching your car from the rear fails to notice you are stopped because he or she is
texting while driving
. You suffer $100,000 in damages in the
rear-end collision
.
If your delay is found to have contributed 10 percent to the crash, you would not be barred from a recovery. However, your recovery would be reduced by 10 percent. As a result, the most you could recover would be $90,000.
Comparative negligence may be an issue when negotiating a settlement with an insurance company. Your lawyer’s role will be to make sure that no undue blame is placed on you and to seek the full amount you are due.
How do I know if I have an auto accident lawsuit?
It is crucial to meet with an attorney as soon as possible after you are injured in a crash. The attorney can conduct a thorough review of your case and determine whether it would be in your best interest to pursue an auto accident lawsuit.
When a lawyer reviews your case, the lawyer will focus on three basic factors: Fault, damages and insurance.
First, the lawyer will examine whether another party was at fault for the crash. Fault means that another driver caused the crash. Examples are:
A motorist who engaged in careless or reckless driving such as speeding
A mechanic who failed to perform an adequate repair
A manufacturer who sold a defective vehicle or vehicle part
A government agency who allowed a hazardous road condition to exist.
The lawyer will also look at whether you were partially at fault for the crash. Under Illinois law, you would be barred from a recovery if you were more than 50 percent at fault.
Second, the lawyer will determine the amount of
damages
involved in your case, including:
Past and future medical expenses
Past and future lost wages
Pain and suffering.
If the amount is minimal, an attorney may advise against pursuing a lawsuit.
Third, the lawyer will review insurance coverage available in your case, including the at-fault party’s liability coverage and, perhaps, your own coverage. For example, you may need to turn to your own
uninsured / underinsured motorist (UM / UIM)
coverage to pay for your damages.
If, after considering all of these factors, a lawyer advises you to go forward with an auto accident lawsuit, the lawyer will work aggressively to obtain full and fair compensation for you.
What happens during a car accident lawsuit?
Typically, you can expect a car accident lawsuit to go through the following stages after your initial consultation with a lawyer:
Initial investigation
– An attorney will investigate your case and consult with experts to determine why the crash occurred, who should be held responsible, how much should be sought in damages and what insurance coverage is available to cover the damages.
Filing of a complaint
– Once the investigation is complete, the lawyer will file a lawsuit, or complaint, in the proper court – typically, in the county where the accident occurred. The lawsuit will name the party from whom a recovery is sought such as the other driver involved in the crash. In some cases, multiple parties may be named in a lawsuit.
Discovery
– After a lawsuit is filed, a formal information-gathering process can begin. This is called “discovery.” The parties may seek answers to questions (interrogatories) and request production of documents. They may also obtain sworn written statements (affidavits) or oral statements (depositions). A medical examination may also occur.
Settlement negotiations
– At the proper time, your attorney will send a demand letter, or package, to the at-fault party’s insurance company. The demand will request a specific amount in damages. This typically will start settlement negotiations. If a full and fair settlement is reached, you will sign a document which releases the at-fault party from liability, or from being sued in the future.
Trial
– If a settlement cannot be reached, the case will go to trial. Both sides will have the opportunity to present evidence. Then, the judge or jury will make its decision, or reach a “verdict.” If the verdict is in your favor, a decision will be made on how much you should receive in damages. The court will enter a judgment in that amount. In some cases, a party may admit liability. So, a trial will concern only damages.
Post-trial
– After trial, either side may file motions or an appeal to a higher court. After those post-trial matters are resolved, additional legal action may need to be taken to collect the judgment.
Disbursement
– The final stage in the case will be to disburse funds that are obtained through a verdict or settlement, including resolving any liens attached to your recovery and paying attorney fees. The amount you receive will be paid in a lump sum or in a structured schedule of payments.
How long will my car accident lawsuit last?
Many factors go into the amount of time it takes to resolve a car accident lawsuit. These factors include:
Investigation
– In many cases, how a crash occurred and who should be held responsible can be easily identified. However, if the cause of the accident requires extensive investigation, or if a case involves multiple parties, it may lengthen the time it takes to complete an investigation.
Settlement negotiations
– A settlement can often be reached without the need for lengthy negotiations. It helps to present a case to the insurance company that has been carefully prepared. This means that legal responsibility (or liability) and the amount of damages being sought are supported by solid evidence. However, if the auto insurance company refuses to agree to a full and fair settlement, it can add time to a case.
Trial
– A motor vehicle accident trial may last a few days or several weeks. It depends on the amount of evidence that each side presents. In some cases, a party may admit liability for an auto accident, and a trial will be held only on the issue of how much damages should be paid.
Collection
– If a case is resolved through a settlement, you should expect to collect the settlement amount within a month after an agreement is reached. If a case is resolved through a judgment, however, you could run into difficulties. An auto insurance company may choose to file post-trial motions or an appeal, which can add time to the case. In some cases, legal action may need to be taken to collect the judgment.
It is important to work with an attorney who will make sure that you receive the medical care and treatment you need while resolution of your case is pending, keep you updated about the progress of your case and work toward resolving your case as efficiently as possible.
What do I do if the other driver who was at-fault, does not have insurance?
You can use your own uninsured motorist portion of a policy of insurance that you have with your own automobile. If you do not have a car, but you live at home with your parents, you may be able to use the policy of insurance on a parent’s vehicle. There is always the possibility of suing the other driver and collecting the money from the driver personally, but a search of assets will reveal whether the person could ever afford to pay a judgment against him or her.
What are some of the damages that I can recover when I am in a car accident in Illinois?
The damages will vary from case to case, but economic damages usually include medical bills and wage loss. Other non-economic damages may include pain & suffering, loss of a normal life, or disability and disfigurement (i.e. scarring). You can also seek damages that are reasonably likely to occur in the future if the foundation is laid by a qualified medical doctor to a reasonable degree of medical certainty. Your spouse may also have his or her own claim for the loss of services, companionship, or relationship, etc., which is called a loss of consortium.
How do I get my car repaired after an accident?
How and where you get your
car repaired
may be dictated by your insurance company.
Among the first
steps to take after a car accident
is contacting your insurer. The company may have specific requirements for filing a claim, including getting vehicle damage estimates. You will need to follow those steps.
For instance, the insurer may have certain Chicago garages it wants you to use for estimates or the actual repair work on your car. If you have a shop you prefer, you may be able to get them to agree to your using it, or the insurer may refuse to go over the amount estimated by the repair shop it chose.
Please note: Before your car is towed or taken by you to a garage for repairs, it needs to be examined for important evidence about your car crash. This is why contacting a car accident lawyer is also among the first steps to take after a car accident.
If Salvi, Schostok & Pritchard P.C. is working on your case soon enough, we can examine your car before evidence it contains is disturbed or destroyed. We can also examine the other driver’s car for potentially important evidence before it is lost – even if we need to get a court order to do so.
Another important consideration regarding repairs is what the insurance adjuster decides about your car. You may be told that it is “totaled.” This means the adjuster thinks the cost to repair your car is more than it is worth – or more than the company is willing to pay. The insurance company will provide an actual cash value (ACV) for your car, which is what it wants to pay you.
The ACV may well be less than what your car is worth, or your vehicle may actually be repairable.
You can challenge an adjuster’s decision that your car is totaled, and you can challenge the ACV put on a totaled car. You can also accept the ACV for your “totaled” car and have it repaired with that money plus your own. You will need to weigh the pros and cons of accepting or rejecting the insurer’s offer.
A car accident attorney from Salvi, Schostok & Pritchard P.C. can start to help you immediately after you contact us about your crash. We can help establish an ACV for your car and protect your rights to proper compensation for your damaged vehicle or help you to have it repaired.
We can also help you take steps to protect a potential injury claim and avoid
mistakes that will hurt your claim
.
What Compensation Can I Recover in a Car Accident Case?
The exact amount you can recover after a car accident depends on your injuries, vehicle damage, medical expenses, and other factors. No matter how much the auto accident has cost you, our team can help fight for the maximum possible compensation, which may include money for:
Any medical expenses related to the crash, including future treatments you may need
Lost incomeÂ
Reduced future earning capacity due to a disability
Payment for a rental car or other transportation services
Property damage
Pain and suffering
Emotional distress
Diminished quality of life
Should I Give a Recorded Statement?
Do not give a recorded statement to an insurance company without talking to a personal injury law firm first. Your lawyer may be able to handle all communications on your behalf.
If you don’t watch what you say to an insurer, you might inadvertently say something to harm your case and stop you from recovering the money you need
How Can I Obtain a Car Accident Report in Chicago?
If the crash occurred in or around Chicago, you can get the crash report from theÂ
Chicago Police Department
(CPD). You can purchase your report online, call the CPD’s record section during regular business hours, or visit the CPD records section in person.
For crashes outside of Chicago, your best option to obtain a crash report is to contact theÂ
Illinois State Police
(ISP). Their website has information on obtaining a crash report online or through the mail. Both the CPD and ISP require you to pay a nominal fee to purchase an accident report.
You can also work with an experienced personal injury attorney who can recover your car accident report on your behalf and use it to build a strong case for compensation.
What Is the Deadline to File a Car Accident Case?
Illinois law
 gives you two years from the accident date to file any lawsuits regarding it. If you miss this deadline, the courts will most likely dismiss your case, leaving you without any means to recover compensation for your injuries. |
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[Home](https://www.salvilaw.com/) **Chicago Car Accident Lawyer**
# Chicago Car Accident Lawyer
A sudden car crash can turn your life upside down in a matter of seconds. Between mounting medical bills, painful injuries, and aggressive insurance adjusters pressuring you to accept a lowball offer, the days following a collision are incredibly stressful. You shouldn’t have to navigate the complex legal system alone while you are trying to heal.
At Salvi, Schostok & Pritchard P.C., our **Chicago car accident attorneys** have spent over 40 years protecting the rights of the injured. We handle the insurance companies, the investigations, and the legal hurdles so you can focus entirely on your recovery. Our dedication to maximizing client compensation has resulted in over **\$3.5 billion in verdicts and settlements**.
## What to Do Immediately After a Car Accident in Chicago
The steps you take right after a crash can significantly impact your physical recovery and the overall value of your personal injury claim. If you have been involved in a collision, take these steps to protect yourself:
- **Call 911 and Relocate to Safety:** Move your vehicle out of traffic if it is safe to do so. Always wait for the Chicago Police or Illinois State Police to arrive so they can document the scene and create an official crash report.
- **Seek Immediate Medical Attention:** Adrenaline can easily mask the pain of severe injuries like whiplash, concussions, or internal trauma. Get evaluated by a medical professional right away. Your medical records will serve as critical evidence connecting your injuries to the crash.
- **Document the Scene:** Take clear photos and videos of all vehicle damage, your visible injuries, skid marks, road conditions, and nearby traffic signs.
- **Gather Information:** Collect names, phone numbers, license plate numbers, and insurance details from the other drivers. If there are eyewitnesses, get their contact information as well.
- **Do Not Give a Recorded Statement:** The at-fault driver’s insurance adjuster will likely call you shortly after the accident. Decline to give a recorded statement, apologize, or sign any documents until you have legal representation.
- **Consult a Chicago Car Accident Lawyer:** Before the insurance company tries to minimize your payout, reach out to our legal team for a free case evaluation to understand your rights and options.
[*Learn more about the detailed steps to take after a car accident.*](https://www.salvilaw.com/car-accident-lawyer/steps-to-take-after-a-car-accident/)
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Record-Breaking Results
[\$3.5 Billion Verdicts & Settlements](https://www.salvilaw.com/case-results/)
[350+ Multi-Million Verdicts & Settlements](https://www.salvilaw.com/case-results/)
[\$363 Million Record-Breaking Verdict](https://www.salvilaw.com/press-release/sterigenics-verdict/)
[Ranked \#1 Chicago Lawyer Settlement Report](https://www.salvilaw.com/press-release/salvi-schostok-pritchard-earns-top-spot-in-chicago-lawyers-annual-settlement-report/)
[View All Case Results](https://www.salvilaw.com/case-results/)
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## How Our Chicago Auto Accident Lawyers Can Help You
Studies consistently show that car accident victims who retain an experienced car accident attorney recover more in damages than those who try to deal with an auto insurance company alone. A skilled **Chicago car accident lawyer** provides comprehensive services aimed at recovering the maximum [compensation for you and your family after a car accident](https://www.salvilaw.com/car-accident-lawyer/compensation-and-damages/).
### An experienced car crash lawyer on our team will:
- **Thoroughly investigate your car accident** to gather crucial evidence, including police reports and witness statements.
- **Consult with leading experts**, including accident reconstruction specialists, medical professionals, and life-care planners to build a strong case for your injury claim.
- **Analyze all insurance policies** relevant to your car accident claim, including the at-fault driver’s policy and your own insurance company protection, like uninsured motorist coverage.
- **Ensure all legal documents are filed correctly** and within the strict deadlines of the statute of limitations.
- **Aggressively negotiate with the insurance company** to fight for a fair settlement for your car accident.
- **Present a powerful and persuasive case** on your behalf if your car accident lawsuit goes to trial.
- **Resolve any medical liens** attached to your recovery to ensure you receive the funds you need for your medical bills and future financial security.
## Proven Results in Car Accident Lawsuits
Our Chicago car accident attorneys are committed to ensuring our clients are fully compensated for all their losses following a devastating crash. We take pride in the professional and compassionate service we provide to every client, fighting tirelessly to secure the resources they need to rebuild their lives and afford essential medical care. As a leading Chicago car accident law firm, we deliver proven results.
Recently, our legal team secured a [**\$60.7 million settlement**](https://www.salvilaw.com/press-release/cook-county-jury-awards-record-79-85m-to-family-of-10-year-old-girl-killed-in-unauthorized-vehicle-pursuit/) for the family of a 10-year-old girl who was tragically killed when her family’s vehicle was struck during an unauthorized police pursuit. While no amount of compensation can ever replace the loss of a child, this landmark result held the responsible parties accountable. Our accident lawyers are prepared to advocate just as fiercely to get you the compensation your family deserves. Our recent case results include:
[\$60.7M Wrongful Death](https://www.salvilaw.com/case-results/60-7-million-wrongful-death-settlement/)
[\$45M Million Settlement](https://www.salvilaw.com/press-release/chicago-city-council-approves-45-million-settlement-for-teen-catastrophically-injured-in-police-chase/)
[\$33.2M Million Jury Verdict](https://www.salvilaw.com/case-results/33-2-million-jury-verdict-largest-in-lake-county-history/)
[\$21.05M Personal Injury Jury Verdict](https://www.salvilaw.com/press-release/woman-who-suffered-thoracic-spine-injury-in-maywood-crash-receives-20-million-settlement/)
To learn how a **local** **car accident lawyer** from our team can help you, contact us today for a free consultation. **Our team is ready to help**.
## What Can I Recover After a Car Accident in Chicago?
A car accident can result in heavy financial losses. According to the [Illinois Department of Transportation (IDOT)](http://www.idot.illinois.gov/), the average costs of a crash in Illinois were:
- Fatal crashes – \$1,479,670
- “A” injury crashes\* — \$72,580
- Property damage crashes – \$9,280.
\**An “A” injury crash results in car crash injuries that prevent a victim from walking, driving, or “normally continuing the activities he/she was capable of performing before the injury occurred.”*
The amount of compensation that can be recovered in a car accident lawsuit in Chicago or elsewhere in Illinois will depend on the case’s unique facts and legal issues, including the availability of insurance coverage. However, the damages typically sought in a car accident lawsuit are:
- **[Vehicle Repair or Replacement](https://www.salvilaw.com/damages-recover/vehicle-repair/)**
Reimbursement for all necessary repairs to your vehicle or the fair market value for your car if it is declared to be a “total loss” by the insurance company.
- **[Payment For Medical Bills](https://www.salvilaw.com/car-accident-lawyer/medical-bills-insurance/)**
All past and future medical costs that arise from the [treatment you need due to your accident](https://www.salvilaw.com/car-accident-lawyer/car-accident-injuries-and-medical-treatment/), including emergency care, surgery, hospitalization, medication, assistive devices and rehabilitation.
- **[Punitive Damages](https://www.salvilaw.com/damages-recover/punitive-damages/)**
Damages that are intended to punish a party for engaging in especially egregious misconduct such as drunk driving (and to deter that party and others from engaging in similar conduct in the future).
- **[Pain and Suffering Compensation](https://www.salvilaw.com/damages-recover/pain-suffering/)**
Compensation for all physical and mental suffering that you experience due to being involved in a crash caused by another person.
- **[Lost Income Compensation](https://www.salvilaw.com/damages-recover/lost-wages/)**
All past and future wages that you lose because your injuries prevent you from being able to work and earn a living. Compensation should include all bonuses, commissions, fringe benefits and income you would have earned through self-employment.
### If you lost a loved one in a car accident, you may be able to seek coverage of all medical costs as well as:
- [Funeral and burial expenses](https://www.salvilaw.com/car-accident-lawyer/burial-expenses/)
- Lost financial support
- [Loss of consortium](https://www.salvilaw.com/personal-injury/loss-of-consortium-lawyers/) or loss of companionship.
If your own negligence partially contributed to an auto accident, you may still be able to recover damages. Your recovery would be reduced according to your percentage of fault. If you were 51 percent or more at fault, you would be barred from recovering anything unless the other party was engaged in reckless conduct such as drunk driving.
> “My wife and I were involved in a severe car accident and were injured… we ended up recovering a settlement that was over 3x the original offer. I highly recommend Salvi, Schostok, and Pritchard if you have been in an accident and need a great attorney.” – Jeff M., 5 out of 5 stars
[ Watch Video ]()
## How Our Chicago Car Crash Attorneys Investigate Car Accidents
At Salvi, Schostok & Pritchard P.C., we believe it is crucial to conduct an immediate, thorough investigation of a car wreck so as to ensure that no evidence is lost or destroyed. It is critical that you contact a Chicago car accident attorney immediately about your car accident claim.
### We can collect extensive evidence in your case, including:
- The police crash report
- Photos of the accident scene
- Photos of the damaged vehicles
- Eyewitness statements
- Information from the event data recorder (EDR, or “black box”)
- Cell phone records and other electronic evidence
- Manufacturer records or recall information
- Medical records and work records
### We can also consult with highly qualified experts who can help us determine:
- Who caused the accident?
- Who should be held liable?
- How much you deserve to recover?
Our goal is to compile enough evidence to establish a solid car accident claim and make the best case possible for full and fair compensation. We aggressively negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom.
**As we pursue compensation for our car crash clients, our experienced attorneys can search through all possible options, including:**
### [Uninsured motorist (UM) coverage](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/)
You are required by Illinois law to have this coverage. It covers bodily injury to you, your passengers, members of your household or others authorized to drive your car if the other driver lacks liability coverage
### [Car Insurance Claims: Understand the Dos and Don’ts](https://www.salvilaw.com/car-accident-lawyer/insurance-claims-dos-donts/)
Insurance companies prefer to minimize the amount they pay out in claims. So, when it comes to your insurance claim, be smart and document what you can. Here are some things to do and not do when it comes to your claim.
As we stress to each of our clients: Do not speak with the insurance company unless you have first talked with an attorney. You do not want to say or sign anything that will cost you the chance to obtain a just recovery for your losses after a car wreck.
At Salvi, Schostok & Pritchard P.C., we will conduct a comprehensive review of your car accident case to determine the full extent of your losses and the proper value of your motor vehicle accident claim. We can then negotiate directly with the insurance company or go to court on your behalf to [obtain a car accident settlement](https://www.salvilaw.com/blog/car-accident-settlement-timeline/).
We can also carefully resolve any healthcare, workers’ compensation, or other liens that may be attached to your recovery after an auto accident.
[Read more about what to do if you have been in a crash in Chicago…](https://www.salvilaw.com/car-accident-lawyer/dos-and-donts/)
Common Car Wreck Injuries in Chicago
[ Brain Injury](https://www.salvilaw.com/personal-injury/traumatic-brain-injury/)
[ Spine Injury](https://www.salvilaw.com/personal-injury/spinal-cord-injury/)
[ Broken Bones](https://www.salvilaw.com/work-injury-lawyer/crushing-injury/)
[ Amputations](https://www.salvilaw.com/personal-injury/amputation/)
[ Soft Tissue Injury](https://www.salvilaw.com/personal-injury/soft-tissue-injury/)
[ Burn Injuries](https://www.salvilaw.com/burn-injury-lawyer/)
[ Back Injury](https://www.salvilaw.com/car-accident-lawyer/neck-back-pain/)
[ Whiplash](https://www.salvilaw.com/car-accident-lawyer/neck-back-pain/)
Client Reviews
“My daughter had a very positive experience working with Salvi, Schostok & Pitchard after being involved in a car accident in 2014. When I had an accident a year later, I knew exactly who to turn to for help. From the very beginning, the attorneys and staff were friendly and answered all my questions. I have always appreciated that they have been there for me..”
– Pamela
“Salvi, Schostok & Pritchard is a fantastic personal injury law firm. Their level of professionalism exceeded our expectations. But it’s their sensitivity to the delicate nature of my accident and injuries that made our experience truly satisfying. The litigation process was long and trying for our family, which was to be expected, but SS\&P understood this and made every effort to meet our needs and reinforce my confidence that we put our faith in the right partners to achieve our goals. This is not just a profession to them. The lawyers at Salvi, Schostok & Pritchard care about the well-being of their clients..”
– Teresa Burns
“I had an automobile accident in February 2018 and the person responsible for the accident was not willing to take responsibility for my personal injury. So, I checked out local firms and ended up with Salvi, Schostok & Pritchard. I had an outstanding experience working with Salvi, Schostok & Pritchard. My attorney John Mennie was extremely helpful, always willing to answer questions, and knowledgeable in his field of personal injury. John Mennie and legal assistant Mandy Palmer were always quick with responses to email and phone calls. We had almost 3 years working together to get what was, in my opinion, a very fair settlement. John Mennie went out of his way to get expert witnesses and information from the many doctors who treated me along the way. John was also thorough and respectful of not only my time but also my lack of knowledge in this area. I would highly recommend John Mennie and this firm to anyone who is questioning whether you have a case. They did not charge me anything until the settlement and their portion was very reasonable..”
– Elaine Fields
“I was referred to Salvi, Schostok & Pritchard following my auto accident. The entire team made this very difficult time in my life better. Not only did they get me a fair settlement, they also cared about my personal welfare. They went above and beyond my case and worked to get the intersection where my accident happened improved to make it safer. Salvi, Schostok & Pritchard cares not only about your case but the community as well. I highly recommend this firm for their professionalism and knowledge!”
– Bill B.
[View All Testimonials](https://www.salvilaw.com/testimonials/)
## Car Accident Helpful Forms
Download our PDFs, which cover essential tips to help victims of Chicago car accidents.
1. [Car Crash Do’s and Don’ts](https://www.salvilaw.com/wp-content/uploads/2024/05/Car-Accident-Dos-and-Donts-from-our-Chicago-Auto-Accident-Lawyers.jpg)
2. [6 Key Steps After a Car Accident](https://www.salvilaw.com/wp-content/uploads/2018/10/SIX-KEY-STEPS-AFTER-A-CAR-ACCIDENT.pdf)
3. [Illinois Car Accidents 101: A Guide to Your Case](https://www.salvilaw.com/wp-content/uploads/2018/10/E-Book_Car-Accidents.pdf)
At Salvi, Schostok & Pritchard P.C., we provide a free consultation to discuss your car accident. We work on a contingency fee basis, meaning we do not charge for our legal services unless we secure a financial recovery for you in your car accident case.
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## Chicago Car Accident Facts
The Illinois Department of Transportation (IDOT) reports that 296,049 auto accidents occurred in our state in one recent year, or a rate of 811 crashes per day. Those crashes caused:
The following [car accident facts](https://www.salvilaw.com/car-accident-lawyer/facts-figures/) break it down by county. The majority of those crashes – 69 percent – occurred in Cook County and its five bordering counties. As these stats show, driving can be especially dangerous in Chicago and surrounding areas, which may be due in part to the high volume of traffic, heavy road construction and large number of pedestrians and bicyclists who share the road with vehicles in our region:
- 61,084 Injuries
- 845 Deaths
| County | Total | Injury | Fatal |
|---|---|---|---|
| Cook | 137,271 | 27,204 | 231 |
| DuPage | 19,458 | 4,455 | 25 |
| Lake | 13,230 | 3,148 | 33 |
| Will | 12,426 | 2,710 | 40 |
| Kane | 9,851 | 2,586 | 27 |
| McHenry | 4,834 | 1,247 | 16 |
| Total | 197,070 | 41,350 | 372 |
The key is to take charge after an auto accident. You must act right away to protect your legal rights and increase your chances of obtaining a full recovery for the physical, mental and financial harm you have suffered. Like many others who have been impacted by a crash, you can move on in life with a sense of security.
## Types of Car Accidents in Chicago and Illinois
The [types of car accidents](https://www.salvilaw.com/car-accident-lawyer/types/) that we most commonly encounter when working with injured victims and their families in Chicago and elsewhere in Illinois include:
### [Uber & Lyft Accidents](https://www.salvilaw.com/car-accident-lawyer/uber-lyft-accident-attorney-chicago/)
All of these services involve drivers who use their own cars to transport passengers. In this sense, the drivers with these ride-hailing companies are just like any other drivers you may encounter. Ridersharing drivers can engage in the types of careless and reckless conduct that causes accidents.
### [Speeding Accident](https://www.salvilaw.com/car-accident-lawyer/speeding-accidents/)
Speeding factors into roughly one-third of Illinois auto accidents, IDOT reports. A driver can cause a crash when he or she drives above the posted speed limit or goes too fast for weather and road conditions.
### [Semi-trailer Truck Accidents](https://www.salvilaw.com/truck-accidents/)
Truck drivers often cause crashes due to speeding, fatigue, distraction or impairment. Many crashes involving large tractor-trailers (or semis) can be traced to mechanical defects. These crashes can result in severe and often [fatal injuries](https://www.salvilaw.com/car-accident-lawyer/fatal-car-accident-lawyer/) due to the size and weight difference between trucks and passenger cars.
### [Pedestrian Accident](https://www.salvilaw.com/pedestrian-accidents/)
A driver failing to keep a proper lookout, rushing to beat a red light or turning with an obstructed view are common causes of crashes that occur at intersections in Chicago and other areas of Illinois.
### [Teen Driving Accidents](https://www.salvilaw.com/car-accident-lawyer/teen-driving-accidents/)
Distracted driving is a particular concern when it comes to young, inexperienced drivers. A recently published AAA Foundation for Traffic Safety study found that distraction played a role in 58 percent of teen crashes, including 76 percent of rear-end accidents.
### [Rear End Accidents](https://www.salvilaw.com/car-accident-lawyer/rear-end-accidents/)
IDOT statistics show that these are the most common type of car accident in our state. In a recent year, there were 84,000 rear-end collisions in Illinois. They often are caused by a driver “tailgating” a car in front or failing to pay attention as he or she approaches a red light or stop sign at an intersection.
### [Self-Driving Car Accident](https://www.salvilaw.com/car-accident-lawyer/self-driving-car-accidents/)
Throughout the country, a number of collisions have occurred involving self-driving vehicles. A Chicago car accident lawyer from Salvi, Schostok & Pritchard P.C. will know how to aggressively protect your rights.
### Trinity Guardrail Accident
Illinois has banned future use of the ET-Plus, a guardrail system manufactured by Trinity Industries, Inc. To discuss your case immediately, please contact Salvi, Schostok & Pritchard P.C.
### [Distracted Driving](https://www.salvilaw.com/car-accident-lawyer/distracted-driving-accidents/)
When a person tries to multitask behind the wheel, it can lead to a crash. Talking on a phone and texting while driving are common examples. Distracted driving also includes interacting with other passengers, eating and drinking, putting on makeup or any other activity that takes one’s attention away from driving.
### [Head-on Collisions](https://www.salvilaw.com/car-accident-lawyer/head-on-collisions/)
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol or fatigue.
### [Motorcycle Accidents](https://www.salvilaw.com/motorcycle-accidents/)
Careless mistakes by car drivers and motorcycle riders alike can lead to deadly accidents, including following too closely or trying to share the same lane. IDOT reports that motorcycle crashes accounted for 16 percent of the state’s traffic fatalities during a recent year.
### [Intersection Accidents](https://www.salvilaw.com/car-accident-lawyer/intersection-car-accidents/)
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol, or fatigue.
### [Side Impact Accident](https://www.salvilaw.com/car-accident-lawyer/side-impact-accidents/)
These are also known as angle crashes or T-bone collisions. They commonly occur at intersections. They can produce severe injuries due to the lack of protection most cars provide on the sides.
### [Reckless Driving](https://www.salvilaw.com/car-accident-lawyer/reckless-driving-accidents/)
Speeding, running a red light, tailgating, weaving in-and-out of traffic, refusing to yield the right of way – these are all forms of reckless driving (also called “aggressive driving”) that put others in danger.
### [Interstate Accidents](https://www.salvilaw.com/car-accident-lawyer/interstate-accidents/)
Chicago has seven major interstates and numerous smaller interstates and roads. We are passionate about helping victims and their families recover compensation.
### [Car Passenger Injury](https://www.salvilaw.com/car-accident-lawyer/passenger-injuries/)
When someone’s negligence or recklessness causes another person to be harmed, the person who was at fault can be held liable for the injured person’s losses, pain, and suffering. Contact us immediately for help with your case.
## Common Causes of Car Accidents in Chicago, IL
Drunk Driving
IDOT reports that roughly one-third (30.4 percent) of the state’s fatal crashes during a recent year involved alcohol. In some circumstances, the establishment or social host who provided alcohol to the person who caused the crash can be held accountable.
[Learn More](https://www.salvilaw.com/car-accident-lawyer/drunk-driving-accidents/)
Vehicle Defects
Many car accidents are not caused by driver error but rather by a defective automobile or automotive part such as brakes, tires, or steering. In some cases, a crash victim’s injuries are made worse by a defective safety feature such as an airbag or seatbelt.
[Learn More](https://www.salvilaw.com/product-liability-lawyers/defective-car-parts/)
Drugged Driving Accidents
A recent National Highway Traffic Safety Administration (NHTSA) roadside survey revealed a significant increase in the number of drivers who use illegal and prescription drugs while driving.
[Learn More](https://www.salvilaw.com/car-accident-lawyer/drugged-driving-accidents/)
Highway Construction Accidents
Even slight misplacement of equipment or road markers in a highway construction zone can create a hazard that endangers the safety of motorists and workers alike. A government agency or its contractors may ultimately be held responsible for.
[Learn More](https://www.salvilaw.com/work-injury-lawyer/highway-construction-accidents/)
Drowsy Driving Accidents
Fatigue can have an impairing effect on a driver that is on par with alcohol or drugs. In fact, one recently published study estimated that fatigue plays a role in 6-10 percent of all motor vehicle accidents.
[Learn More](https://www.salvilaw.com/car-accident-lawyer/drowsy-driving-accidents/)
Texting-While-Driving Accidents
Texting while driving is illegal in Chicago and Illinois. At Salvi, Schostok & Pritchard P.C., we may seek to hold the driver liable for the harm you or your family member has suffered.
[Learn More](https://www.salvilaw.com/car-accident-lawyer/texting-while-driving-accidents/)
## Auto Accident Claim FAQs
I was injured in a car accident. I have insurance, and I have the other driver’s insurance information. Why do I need a lawyer?
Do you know what the insurance company should pay you for your car accident? Do you know the elements of damage to claim under the law? Do you know what your case’s value is? Do you know what to do if the insurance company denies your claim?
An experienced car accident attorney from Salvi, Schostok & Pritchard P.C. will know how to stop an insurance company from taking advantage of you and seek maximum compensation for your injuries. We work with car accident victims, insurance policies and insurance adjusters every day.
Insurance companies are profit-minded businesses. They also work with car accident victims and insurance policies every day. They do not have your best interests in mind. They have an incentive to pay you as little as possible. If you are on your own and lack familiarity with the legal process, you are simply outmatched.
But when you retain a personal injury attorney, insurance companies must work through your attorney to resolve your case. Your attorney will work to investigate the accident, including photos, witness statements, traffic court, records and bill requests. Your attorney will also determine [what damages you should be paid](https://www.salvilaw.com/damages-recover/) for the cost of your medical bills, lost income, pain and suffering, scarring and more.
My bills are piling up, and I have been unable to work because of my injuries. What is my car accident case worth?
The compensation you receive in a car accident lawsuit – whether through a verdict or settlement – should make you “whole.” In other words, it should come as close as possible to returning you to the position you were in before being injured by another person’s negligent driving. This amount will differ from case to case.
To determine the amount of damages that should be recovered in your case, your lawyer will examine many factors, including:
- [Past and future medical expenses](https://www.salvilaw.com/damages-recover/medical-expenses/)
- [Lost income and diminished future earnings](https://www.salvilaw.com/damages-recover/lost-wages/)
- [Pain and suffering](https://www.salvilaw.com/damages-recover/pain-suffering/)
You may also be eligible to recover [punitive damages](https://www.salvilaw.com/damages-recover/punitive-damages/). Unlike the above damages, these damages are not aimed at making you whole but rather at punishing the party who harmed you in an auto accident and deterring future misconduct. These damages typically are awarded where the at-fault party engaged in reckless or intentional misconduct such as drunk driving or road rage.
If you have lost a loved one in a crash, you would seek [wrongful death damages](https://www.salvilaw.com/wrongful-death/), which consists of “just and fair compensation” for your own losses, including the loss of money, goods and services provided by your loved one.
It is important to note that any recovery would be limited to the amount of available insurance coverage, including the at-fault party’s liability coverage and your own insurance such as [uninsured / underinsured motorist (UM / UIM) coverage](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/).
How do I pay for a lawyer?
At Salvi, Schostok & Pritchard P.C., our attorney fees are paid from the settlement or court award we obtain for you. We only receive this payment at the end of the case, and only if we are successful. Simply put: We don’t get paid until you do.
The payment does not come out of your own pocket. Instead, it is deducted from the check the insurance company writes if and when we obtain a recovery for you. If we do not obtain a recovery for you, you pay us nothing for our services.
The [American Bar Association](http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html) describes this as a “contingency” or “contingent” fee. The legal fee is contingent, or depends, on the result the law firm obtains for you and the amount of the recovery.
When we agree to pursue a claim for you, and you agree to have us represent you, we will enter into a contract that states that we will receive a percentage of any settlement or court award from the case plus repayment for costs.
You should note that Salvi, Schostok & Pritchard P.C. has a record of obtaining [results for our clients](https://www.salvilaw.com/case-results/) in a wide range of personal injury and wrongful death cases, including 350 cases resulting in awards of \$1 million or more.
We begin each case with a free and confidential consultation. This consultation allows us to answer questions you may have about your legal rights and options. It also allows us to review the facts of your case and help you to decide whether pursing a car accident claim is in your best interests.
My car accident was caused by another driver. Can I still collect money from my insurance company?
What your insurance company might pay you starts with what your policy entails.
If you have the minimum amount of auto insurance required by Illinois law, then you have coverage that is supposed to pay you for a car accident caused by [uninsured motorists](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/).
Most of the auto insurance drivers are required to buy in Illinois is liability insurance. This coverage makes payments for injuries the policyholder causes others. So, typically, if you are in an accident caused by someone else, you seek a settlement through that driver’s liability insurance.
However, as the [Insurance Institute for Highway Safety](http://www.iii.org/fact-statistic/uninsured-motorists) estimates, more than 12 percent of drivers lack required insurance. Even if they have the requisite coverage, it may be at the minimum levels and fail to cover the full amount of your losses. In fact, this tends to happen in severe accidents.
If the driver lacks insurance or has inadequate insurance, you can turn to your uninsured / underinsured (UM/UIM) coverage. At a minimum, your uninsured (UM) policy should pay \$20,000 per person and \$40,000 per accident for bodily injury caused by an uninsured motorist. Of course, you may have purchased more than the minimum. Your coverage would depend on the amount you purchased. If you have higher underinsured limits than the at-fault driver, you may be able to collect the difference between the policies.
So, yes – if you have coverage that applies, you can probably collect some money from your insurance company after a crash caused by another driver.
The question is: How much will you recover? You would like to get the maximum amount that your coverage provides. However, your insurer would like to pay you less – perhaps much less.
Even when you have what looks like a simple, straightforward claim, you can usually benefit from having help from Salvi, Schostok & Pritchard P.C.
How much time do I have to file a motor vehicle accident claim?
In Illinois, you must bring a legal claim within a specific time period after a motor vehicle accident. This is known as the “statute of limitations.” The statute of limitations that applies to your case will depend on the type of claim you assert.
The following are the Illinois statutes of limitations that often arise in motor vehicle accident cases:
- [**Personal injury**](https://www.salvilaw.com/personal-injury/) – You have two years from the date of the accident in which to file your claim. The date of the accident is called the “accrual date.”
- [**Wrongful death**](https://www.salvilaw.com/wrongful-death/) – You must bring a claim within two years from the date of the death.
- [**Product liability**](https://www.salvilaw.com/product-liability-lawyers/) – Two years from the date of the accident for a personal injury claim. However, in no case can a lawsuit be filed 12 years from the date of the first sale or 10 years from the date of the first sale to the vehicle’s initial user – whichever comes earlier.
- **Dram Shop Act** – You have one year from the date of the accident to bring a claim.
If you are suing a local government agency in Illinois, you must bring the action within one year from the date of the accident.
Exceptions may apply to your case. For instance, if a person has a legal “disability” such as being under the age of 18, the statute of limitations does not begin to run until after the disability has been removed.
The driver’s insurance company has offered me a settlement, but it barely covers what I’ve spent on hospital bills so far. Should I take the money and sign a release?
Not unless you have first spoken with a lawyer and given the lawyer a chance to review the insurance company’s offer first.
You should never accept an insurance settlement or sign anything that an insurance company representative offers to you without the advice of a lawyer who is experienced with the type of accident you have been involved in. You could be giving up money you deserve.
You may not be getting fairly and fully compensated for your injuries and expenses, including:
- Past and future medical expenses
- Lost wages and future lost earnings
- Pain and suffering.
The attorneys at Salvi, Schostok & Pritchard P.C. can sit down with you and review your circumstances to determine whether you are entitled to a better settlement for your losses.
Can I get compensated if I was partly at fault for my car accident?
Even though your own negligence may have contributed to your car accident, you may still be able to recover damages. Whether you are eligible – and the amount you can recover – will depend on the extent of your fault.
Under [Illinois’ modified comparative negligence law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116), you can recover damages as long as you are less than 50 percent at fault for the injuries you have suffered. However, your damages will be reduced according to the percentage of fault attributed to you. If you are more than 50 percent at fault, you are barred from recovering anything.
So, let’s say you are sitting at a red light. When the light turns green, you delay going. A driver approaching your car from the rear fails to notice you are stopped because he or she is [texting while driving](https://www.salvilaw.com/car-accident-lawyer/texting-while-driving-accidents/). You suffer \$100,000 in damages in the [rear-end collision](https://www.salvilaw.com/car-accident-lawyer/rear-end-accidents/).
If your delay is found to have contributed 10 percent to the crash, you would not be barred from a recovery. However, your recovery would be reduced by 10 percent. As a result, the most you could recover would be \$90,000.
Comparative negligence may be an issue when negotiating a settlement with an insurance company. Your lawyer’s role will be to make sure that no undue blame is placed on you and to seek the full amount you are due.
How do I know if I have an auto accident lawsuit?
It is crucial to meet with an attorney as soon as possible after you are injured in a crash. The attorney can conduct a thorough review of your case and determine whether it would be in your best interest to pursue an auto accident lawsuit.
When a lawyer reviews your case, the lawyer will focus on three basic factors: Fault, damages and insurance.
First, the lawyer will examine whether another party was at fault for the crash. Fault means that another driver caused the crash. Examples are:
- A motorist who engaged in careless or reckless driving such as speeding
- A mechanic who failed to perform an adequate repair
- A manufacturer who sold a defective vehicle or vehicle part
- A government agency who allowed a hazardous road condition to exist.
The lawyer will also look at whether you were partially at fault for the crash. Under Illinois law, you would be barred from a recovery if you were more than 50 percent at fault.
Second, the lawyer will determine the amount of [damages](https://www.salvilaw.com/damages-recover/) involved in your case, including:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering.
If the amount is minimal, an attorney may advise against pursuing a lawsuit.
Third, the lawyer will review insurance coverage available in your case, including the at-fault party’s liability coverage and, perhaps, your own coverage. For example, you may need to turn to your own [uninsured / underinsured motorist (UM / UIM)](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/) coverage to pay for your damages.
If, after considering all of these factors, a lawyer advises you to go forward with an auto accident lawsuit, the lawyer will work aggressively to obtain full and fair compensation for you.
What happens during a car accident lawsuit?
Typically, you can expect a car accident lawsuit to go through the following stages after your initial consultation with a lawyer:
- **Initial investigation** – An attorney will investigate your case and consult with experts to determine why the crash occurred, who should be held responsible, how much should be sought in damages and what insurance coverage is available to cover the damages.
- **Filing of a complaint** – Once the investigation is complete, the lawyer will file a lawsuit, or complaint, in the proper court – typically, in the county where the accident occurred. The lawsuit will name the party from whom a recovery is sought such as the other driver involved in the crash. In some cases, multiple parties may be named in a lawsuit.
- **Discovery** – After a lawsuit is filed, a formal information-gathering process can begin. This is called “discovery.” The parties may seek answers to questions (interrogatories) and request production of documents. They may also obtain sworn written statements (affidavits) or oral statements (depositions). A medical examination may also occur.
- **Settlement negotiations** – At the proper time, your attorney will send a demand letter, or package, to the at-fault party’s insurance company. The demand will request a specific amount in damages. This typically will start settlement negotiations. If a full and fair settlement is reached, you will sign a document which releases the at-fault party from liability, or from being sued in the future.
- **Trial** – If a settlement cannot be reached, the case will go to trial. Both sides will have the opportunity to present evidence. Then, the judge or jury will make its decision, or reach a “verdict.” If the verdict is in your favor, a decision will be made on how much you should receive in damages. The court will enter a judgment in that amount. In some cases, a party may admit liability. So, a trial will concern only damages.
- **Post-trial** – After trial, either side may file motions or an appeal to a higher court. After those post-trial matters are resolved, additional legal action may need to be taken to collect the judgment.
- **Disbursement** – The final stage in the case will be to disburse funds that are obtained through a verdict or settlement, including resolving any liens attached to your recovery and paying attorney fees. The amount you receive will be paid in a lump sum or in a structured schedule of payments.
How long will my car accident lawsuit last?
Many factors go into the amount of time it takes to resolve a car accident lawsuit. These factors include:
- **Investigation** – In many cases, how a crash occurred and who should be held responsible can be easily identified. However, if the cause of the accident requires extensive investigation, or if a case involves multiple parties, it may lengthen the time it takes to complete an investigation.
- **Settlement negotiations** – A settlement can often be reached without the need for lengthy negotiations. It helps to present a case to the insurance company that has been carefully prepared. This means that legal responsibility (or liability) and the amount of damages being sought are supported by solid evidence. However, if the auto insurance company refuses to agree to a full and fair settlement, it can add time to a case.
- **Trial** – A motor vehicle accident trial may last a few days or several weeks. It depends on the amount of evidence that each side presents. In some cases, a party may admit liability for an auto accident, and a trial will be held only on the issue of how much damages should be paid.
- **Collection** – If a case is resolved through a settlement, you should expect to collect the settlement amount within a month after an agreement is reached. If a case is resolved through a judgment, however, you could run into difficulties. An auto insurance company may choose to file post-trial motions or an appeal, which can add time to the case. In some cases, legal action may need to be taken to collect the judgment.
It is important to work with an attorney who will make sure that you receive the medical care and treatment you need while resolution of your case is pending, keep you updated about the progress of your case and work toward resolving your case as efficiently as possible.
What do I do if the other driver who was at-fault, does not have insurance?
You can use your own uninsured motorist portion of a policy of insurance that you have with your own automobile. If you do not have a car, but you live at home with your parents, you may be able to use the policy of insurance on a parent’s vehicle. There is always the possibility of suing the other driver and collecting the money from the driver personally, but a search of assets will reveal whether the person could ever afford to pay a judgment against him or her.
What are some of the damages that I can recover when I am in a car accident in Illinois?
The damages will vary from case to case, but economic damages usually include medical bills and wage loss. Other non-economic damages may include pain & suffering, loss of a normal life, or disability and disfigurement (i.e. scarring). You can also seek damages that are reasonably likely to occur in the future if the foundation is laid by a qualified medical doctor to a reasonable degree of medical certainty. Your spouse may also have his or her own claim for the loss of services, companionship, or relationship, etc., which is called a loss of consortium.
How do I get my car repaired after an accident?
How and where you get your [car repaired](https://www.salvilaw.com/damages-recover/vehicle-repair/) may be dictated by your insurance company.
Among the first [steps to take after a car accident](https://www.salvilaw.com/wp-content/uploads/2018/10/SIX-KEY-STEPS-AFTER-A-CAR-ACCIDENT.pdf) is contacting your insurer. The company may have specific requirements for filing a claim, including getting vehicle damage estimates. You will need to follow those steps.
For instance, the insurer may have certain Chicago garages it wants you to use for estimates or the actual repair work on your car. If you have a shop you prefer, you may be able to get them to agree to your using it, or the insurer may refuse to go over the amount estimated by the repair shop it chose.
Please note: Before your car is towed or taken by you to a garage for repairs, it needs to be examined for important evidence about your car crash. This is why contacting a car accident lawyer is also among the first steps to take after a car accident.
If Salvi, Schostok & Pritchard P.C. is working on your case soon enough, we can examine your car before evidence it contains is disturbed or destroyed. We can also examine the other driver’s car for potentially important evidence before it is lost – even if we need to get a court order to do so.
Another important consideration regarding repairs is what the insurance adjuster decides about your car. You may be told that it is “totaled.” This means the adjuster thinks the cost to repair your car is more than it is worth – or more than the company is willing to pay. The insurance company will provide an actual cash value (ACV) for your car, which is what it wants to pay you.
The ACV may well be less than what your car is worth, or your vehicle may actually be repairable.
You can challenge an adjuster’s decision that your car is totaled, and you can challenge the ACV put on a totaled car. You can also accept the ACV for your “totaled” car and have it repaired with that money plus your own. You will need to weigh the pros and cons of accepting or rejecting the insurer’s offer.
A car accident attorney from Salvi, Schostok & Pritchard P.C. can start to help you immediately after you contact us about your crash. We can help establish an ACV for your car and protect your rights to proper compensation for your damaged vehicle or help you to have it repaired.
We can also help you take steps to protect a potential injury claim and avoid [mistakes that will hurt your claim](https://www.salvilaw.com/car-accident-lawyer/dos-and-donts/).
What Compensation Can I Recover in a Car Accident Case?
The exact amount you can recover after a car accident depends on your injuries, vehicle damage, medical expenses, and other factors. No matter how much the auto accident has cost you, our team can help fight for the maximum possible compensation, which may include money for:
- Any medical expenses related to the crash, including future treatments you may need
- Lost income
- Reduced future earning capacity due to a disability
- Payment for a rental car or other transportation services
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
Should I Give a Recorded Statement?
Do not give a recorded statement to an insurance company without talking to a personal injury law firm first. Your lawyer may be able to handle all communications on your behalf.
If you don’t watch what you say to an insurer, you might inadvertently say something to harm your case and stop you from recovering the money you need
How Can I Obtain a Car Accident Report in Chicago?
If the crash occurred in or around Chicago, you can get the crash report from the [Chicago Police Department](https://home.chicagopolice.org/services/traffic-crash-reports/) (CPD). You can purchase your report online, call the CPD’s record section during regular business hours, or visit the CPD records section in person.
For crashes outside of Chicago, your best option to obtain a crash report is to contact the [Illinois State Police](https://isp.illinois.gov/CrashReports/Online) (ISP). Their website has information on obtaining a crash report online or through the mail. Both the CPD and ISP require you to pay a nominal fee to purchase an accident report.
You can also work with an experienced personal injury attorney who can recover your car accident report on your behalf and use it to build a strong case for compensation.
What Is the Deadline to File a Car Accident Case?
[Illinois law](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-202) gives you two years from the accident date to file any lawsuits regarding it. If you miss this deadline, the courts will most likely dismiss your case, leaving you without any means to recover compensation for your injuries.
## Legally Reviewed By
[](https://www.salvilaw.com/attorneys/patrick-salvi-ii/)
Patrick A. Salvi II
Patrick A. Salvi II joined Salvi, Schostok & Pritchard P.C. in 2007 and was named Managing Partner of the Chicago office in 2017. He concentrates his legal practice on personal injury...
[View Patrick’s Full Bio](https://www.salvilaw.com/attorneys/patrick-salvi-ii/)
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- [Car Accidents and Pregnancy](https://www.salvilaw.com/car-accident-lawyer/car-accidents-and-pregnancy/)
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| Readable Markdown | [Home](https://www.salvilaw.com/) **Chicago Car Accident Lawyer**
A sudden car crash can turn your life upside down in a matter of seconds. Between mounting medical bills, painful injuries, and aggressive insurance adjusters pressuring you to accept a lowball offer, the days following a collision are incredibly stressful. You shouldn’t have to navigate the complex legal system alone while you are trying to heal.
At Salvi, Schostok & Pritchard P.C., our **Chicago car accident attorneys** have spent over 40 years protecting the rights of the injured. We handle the insurance companies, the investigations, and the legal hurdles so you can focus entirely on your recovery. Our dedication to maximizing client compensation has resulted in over **\$3.5 billion in verdicts and settlements**.
## What to Do Immediately After a Car Accident in Chicago
The steps you take right after a crash can significantly impact your physical recovery and the overall value of your personal injury claim. If you have been involved in a collision, take these steps to protect yourself:
- **Call 911 and Relocate to Safety:** Move your vehicle out of traffic if it is safe to do so. Always wait for the Chicago Police or Illinois State Police to arrive so they can document the scene and create an official crash report.
- **Seek Immediate Medical Attention:** Adrenaline can easily mask the pain of severe injuries like whiplash, concussions, or internal trauma. Get evaluated by a medical professional right away. Your medical records will serve as critical evidence connecting your injuries to the crash.
- **Document the Scene:** Take clear photos and videos of all vehicle damage, your visible injuries, skid marks, road conditions, and nearby traffic signs.
- **Gather Information:** Collect names, phone numbers, license plate numbers, and insurance details from the other drivers. If there are eyewitnesses, get their contact information as well.
- **Do Not Give a Recorded Statement:** The at-fault driver’s insurance adjuster will likely call you shortly after the accident. Decline to give a recorded statement, apologize, or sign any documents until you have legal representation.
- **Consult a Chicago Car Accident Lawyer:** Before the insurance company tries to minimize your payout, reach out to our legal team for a free case evaluation to understand your rights and options.
[*Learn more about the detailed steps to take after a car accident.*](https://www.salvilaw.com/car-accident-lawyer/steps-to-take-after-a-car-accident/)
OR
Record-Breaking Results
## How Our Chicago Auto Accident Lawyers Can Help You
Studies consistently show that car accident victims who retain an experienced car accident attorney recover more in damages than those who try to deal with an auto insurance company alone. A skilled **Chicago car accident lawyer** provides comprehensive services aimed at recovering the maximum [compensation for you and your family after a car accident](https://www.salvilaw.com/car-accident-lawyer/compensation-and-damages/).
### An experienced car crash lawyer on our team will:
- **Thoroughly investigate your car accident** to gather crucial evidence, including police reports and witness statements.
- **Consult with leading experts**, including accident reconstruction specialists, medical professionals, and life-care planners to build a strong case for your injury claim.
- **Analyze all insurance policies** relevant to your car accident claim, including the at-fault driver’s policy and your own insurance company protection, like uninsured motorist coverage.
- **Ensure all legal documents are filed correctly** and within the strict deadlines of the statute of limitations.
- **Aggressively negotiate with the insurance company** to fight for a fair settlement for your car accident.
- **Present a powerful and persuasive case** on your behalf if your car accident lawsuit goes to trial.
- **Resolve any medical liens** attached to your recovery to ensure you receive the funds you need for your medical bills and future financial security.
## Proven Results in Car Accident Lawsuits
Our Chicago car accident attorneys are committed to ensuring our clients are fully compensated for all their losses following a devastating crash. We take pride in the professional and compassionate service we provide to every client, fighting tirelessly to secure the resources they need to rebuild their lives and afford essential medical care. As a leading Chicago car accident law firm, we deliver proven results.
Recently, our legal team secured a [**\$60.7 million settlement**](https://www.salvilaw.com/press-release/cook-county-jury-awards-record-79-85m-to-family-of-10-year-old-girl-killed-in-unauthorized-vehicle-pursuit/) for the family of a 10-year-old girl who was tragically killed when her family’s vehicle was struck during an unauthorized police pursuit. While no amount of compensation can ever replace the loss of a child, this landmark result held the responsible parties accountable. Our accident lawyers are prepared to advocate just as fiercely to get you the compensation your family deserves. Our recent case results include:
To learn how a **local** **car accident lawyer** from our team can help you, contact us today for a free consultation. **Our team is ready to help**.
## What Can I Recover After a Car Accident in Chicago?
A car accident can result in heavy financial losses. According to the [Illinois Department of Transportation (IDOT)](http://www.idot.illinois.gov/), the average costs of a crash in Illinois were:
- Fatal crashes – \$1,479,670
- “A” injury crashes\* — \$72,580
- Property damage crashes – \$9,280.
\**An “A” injury crash results in car crash injuries that prevent a victim from walking, driving, or “normally continuing the activities he/she was capable of performing before the injury occurred.”*
The amount of compensation that can be recovered in a car accident lawsuit in Chicago or elsewhere in Illinois will depend on the case’s unique facts and legal issues, including the availability of insurance coverage. However, the damages typically sought in a car accident lawsuit are:
- **[Vehicle Repair or Replacement](https://www.salvilaw.com/damages-recover/vehicle-repair/)**
Reimbursement for all necessary repairs to your vehicle or the fair market value for your car if it is declared to be a “total loss” by the insurance company.
- **[Payment For Medical Bills](https://www.salvilaw.com/car-accident-lawyer/medical-bills-insurance/)**
All past and future medical costs that arise from the [treatment you need due to your accident](https://www.salvilaw.com/car-accident-lawyer/car-accident-injuries-and-medical-treatment/), including emergency care, surgery, hospitalization, medication, assistive devices and rehabilitation.
- **[Punitive Damages](https://www.salvilaw.com/damages-recover/punitive-damages/)**
Damages that are intended to punish a party for engaging in especially egregious misconduct such as drunk driving (and to deter that party and others from engaging in similar conduct in the future).
- **[Pain and Suffering Compensation](https://www.salvilaw.com/damages-recover/pain-suffering/)**
Compensation for all physical and mental suffering that you experience due to being involved in a crash caused by another person.
- **[Lost Income Compensation](https://www.salvilaw.com/damages-recover/lost-wages/)**
All past and future wages that you lose because your injuries prevent you from being able to work and earn a living. Compensation should include all bonuses, commissions, fringe benefits and income you would have earned through self-employment.
### If you lost a loved one in a car accident, you may be able to seek coverage of all medical costs as well as:
- [Funeral and burial expenses](https://www.salvilaw.com/car-accident-lawyer/burial-expenses/)
- Lost financial support
- [Loss of consortium](https://www.salvilaw.com/personal-injury/loss-of-consortium-lawyers/) or loss of companionship.
If your own negligence partially contributed to an auto accident, you may still be able to recover damages. Your recovery would be reduced according to your percentage of fault. If you were 51 percent or more at fault, you would be barred from recovering anything unless the other party was engaged in reckless conduct such as drunk driving.
> “My wife and I were involved in a severe car accident and were injured… we ended up recovering a settlement that was over 3x the original offer. I highly recommend Salvi, Schostok, and Pritchard if you have been in an accident and need a great attorney.” – Jeff M., 5 out of 5 stars
## How Our Chicago Car Crash Attorneys Investigate Car Accidents
At Salvi, Schostok & Pritchard P.C., we believe it is crucial to conduct an immediate, thorough investigation of a car wreck so as to ensure that no evidence is lost or destroyed. It is critical that you contact a Chicago car accident attorney immediately about your car accident claim.
### We can collect extensive evidence in your case, including:
- The police crash report
- Photos of the accident scene
- Photos of the damaged vehicles
- Eyewitness statements
- Information from the event data recorder (EDR, or “black box”)
- Cell phone records and other electronic evidence
- Manufacturer records or recall information
- Medical records and work records
### We can also consult with highly qualified experts who can help us determine:
- Who caused the accident?
- Who should be held liable?
- How much you deserve to recover?
Our goal is to compile enough evidence to establish a solid car accident claim and make the best case possible for full and fair compensation. We aggressively negotiate with insurance companies and use a skilled approach to representing our clients in the courtroom.
**As we pursue compensation for our car crash clients, our experienced attorneys can search through all possible options, including:**
### [Uninsured motorist (UM) coverage](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/)
You are required by Illinois law to have this coverage. It covers bodily injury to you, your passengers, members of your household or others authorized to drive your car if the other driver lacks liability coverage
### [Car Insurance Claims: Understand the Dos and Don’ts](https://www.salvilaw.com/car-accident-lawyer/insurance-claims-dos-donts/)
Insurance companies prefer to minimize the amount they pay out in claims. So, when it comes to your insurance claim, be smart and document what you can. Here are some things to do and not do when it comes to your claim.
As we stress to each of our clients: Do not speak with the insurance company unless you have first talked with an attorney. You do not want to say or sign anything that will cost you the chance to obtain a just recovery for your losses after a car wreck.
At Salvi, Schostok & Pritchard P.C., we will conduct a comprehensive review of your car accident case to determine the full extent of your losses and the proper value of your motor vehicle accident claim. We can then negotiate directly with the insurance company or go to court on your behalf to [obtain a car accident settlement](https://www.salvilaw.com/blog/car-accident-settlement-timeline/).
We can also carefully resolve any healthcare, workers’ compensation, or other liens that may be attached to your recovery after an auto accident.
[Read more about what to do if you have been in a crash in Chicago…](https://www.salvilaw.com/car-accident-lawyer/dos-and-donts/)
Common Car Wreck Injuries in Chicago
Client Reviews
“My daughter had a very positive experience working with Salvi, Schostok & Pitchard after being involved in a car accident in 2014. When I had an accident a year later, I knew exactly who to turn to for help. From the very beginning, the attorneys and staff were friendly and answered all my questions. I have always appreciated that they have been there for me..”
“Salvi, Schostok & Pritchard is a fantastic personal injury law firm. Their level of professionalism exceeded our expectations. But it’s their sensitivity to the delicate nature of my accident and injuries that made our experience truly satisfying. The litigation process was long and trying for our family, which was to be expected, but SS\&P understood this and made every effort to meet our needs and reinforce my confidence that we put our faith in the right partners to achieve our goals. This is not just a profession to them. The lawyers at Salvi, Schostok & Pritchard care about the well-being of their clients..”
– Teresa Burns
“I had an automobile accident in February 2018 and the person responsible for the accident was not willing to take responsibility for my personal injury. So, I checked out local firms and ended up with Salvi, Schostok & Pritchard. I had an outstanding experience working with Salvi, Schostok & Pritchard. My attorney John Mennie was extremely helpful, always willing to answer questions, and knowledgeable in his field of personal injury. John Mennie and legal assistant Mandy Palmer were always quick with responses to email and phone calls. We had almost 3 years working together to get what was, in my opinion, a very fair settlement. John Mennie went out of his way to get expert witnesses and information from the many doctors who treated me along the way. John was also thorough and respectful of not only my time but also my lack of knowledge in this area. I would highly recommend John Mennie and this firm to anyone who is questioning whether you have a case. They did not charge me anything until the settlement and their portion was very reasonable..”
– Elaine Fields
“I was referred to Salvi, Schostok & Pritchard following my auto accident. The entire team made this very difficult time in my life better. Not only did they get me a fair settlement, they also cared about my personal welfare. They went above and beyond my case and worked to get the intersection where my accident happened improved to make it safer. Salvi, Schostok & Pritchard cares not only about your case but the community as well. I highly recommend this firm for their professionalism and knowledge!”
– Bill B.
## Chicago Car Accident Facts
The Illinois Department of Transportation (IDOT) reports that 296,049 auto accidents occurred in our state in one recent year, or a rate of 811 crashes per day. Those crashes caused:
The following [car accident facts](https://www.salvilaw.com/car-accident-lawyer/facts-figures/) break it down by county. The majority of those crashes – 69 percent – occurred in Cook County and its five bordering counties. As these stats show, driving can be especially dangerous in Chicago and surrounding areas, which may be due in part to the high volume of traffic, heavy road construction and large number of pedestrians and bicyclists who share the road with vehicles in our region:
- 61,084 Injuries
- 845 Deaths
| County | Total | Injury | Fatal |
|---|---|---|---|
| Cook | 137,271 | 27,204 | 231 |
| DuPage | 19,458 | 4,455 | 25 |
| Lake | 13,230 | 3,148 | 33 |
| Will | 12,426 | 2,710 | 40 |
| Kane | 9,851 | 2,586 | 27 |
| McHenry | 4,834 | 1,247 | 16 |
| Total | 197,070 | 41,350 | 372 |
The key is to take charge after an auto accident. You must act right away to protect your legal rights and increase your chances of obtaining a full recovery for the physical, mental and financial harm you have suffered. Like many others who have been impacted by a crash, you can move on in life with a sense of security.
## Types of Car Accidents in Chicago and Illinois
The [types of car accidents](https://www.salvilaw.com/car-accident-lawyer/types/) that we most commonly encounter when working with injured victims and their families in Chicago and elsewhere in Illinois include:
### [Uber & Lyft Accidents](https://www.salvilaw.com/car-accident-lawyer/uber-lyft-accident-attorney-chicago/)
All of these services involve drivers who use their own cars to transport passengers. In this sense, the drivers with these ride-hailing companies are just like any other drivers you may encounter. Ridersharing drivers can engage in the types of careless and reckless conduct that causes accidents.
### [Speeding Accident](https://www.salvilaw.com/car-accident-lawyer/speeding-accidents/)
Speeding factors into roughly one-third of Illinois auto accidents, IDOT reports. A driver can cause a crash when he or she drives above the posted speed limit or goes too fast for weather and road conditions.
### [Semi-trailer Truck Accidents](https://www.salvilaw.com/truck-accidents/)
Truck drivers often cause crashes due to speeding, fatigue, distraction or impairment. Many crashes involving large tractor-trailers (or semis) can be traced to mechanical defects. These crashes can result in severe and often [fatal injuries](https://www.salvilaw.com/car-accident-lawyer/fatal-car-accident-lawyer/) due to the size and weight difference between trucks and passenger cars.
### [Pedestrian Accident](https://www.salvilaw.com/pedestrian-accidents/)
A driver failing to keep a proper lookout, rushing to beat a red light or turning with an obstructed view are common causes of crashes that occur at intersections in Chicago and other areas of Illinois.
### [Teen Driving Accidents](https://www.salvilaw.com/car-accident-lawyer/teen-driving-accidents/)
Distracted driving is a particular concern when it comes to young, inexperienced drivers. A recently published AAA Foundation for Traffic Safety study found that distraction played a role in 58 percent of teen crashes, including 76 percent of rear-end accidents.
### [Rear End Accidents](https://www.salvilaw.com/car-accident-lawyer/rear-end-accidents/)
IDOT statistics show that these are the most common type of car accident in our state. In a recent year, there were 84,000 rear-end collisions in Illinois. They often are caused by a driver “tailgating” a car in front or failing to pay attention as he or she approaches a red light or stop sign at an intersection.
### [Self-Driving Car Accident](https://www.salvilaw.com/car-accident-lawyer/self-driving-car-accidents/)
Throughout the country, a number of collisions have occurred involving self-driving vehicles. A Chicago car accident lawyer from Salvi, Schostok & Pritchard P.C. will know how to aggressively protect your rights.
### Trinity Guardrail Accident
Illinois has banned future use of the ET-Plus, a guardrail system manufactured by Trinity Industries, Inc. To discuss your case immediately, please contact Salvi, Schostok & Pritchard P.C.
### [Distracted Driving](https://www.salvilaw.com/car-accident-lawyer/distracted-driving-accidents/)
When a person tries to multitask behind the wheel, it can lead to a crash. Talking on a phone and texting while driving are common examples. Distracted driving also includes interacting with other passengers, eating and drinking, putting on makeup or any other activity that takes one’s attention away from driving.
### [Head-on Collisions](https://www.salvilaw.com/car-accident-lawyer/head-on-collisions/)
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol or fatigue.
### [Motorcycle Accidents](https://www.salvilaw.com/motorcycle-accidents/)
Careless mistakes by car drivers and motorcycle riders alike can lead to deadly accidents, including following too closely or trying to share the same lane. IDOT reports that motorcycle crashes accounted for 16 percent of the state’s traffic fatalities during a recent year.
### [Intersection Accidents](https://www.salvilaw.com/car-accident-lawyer/intersection-car-accidents/)
A driver can cause devastating harm by using poor judgment and attempting to pass a vehicle on a two-lane road or by drifting across the center line due to impairment caused by distraction, alcohol, or fatigue.
### [Side Impact Accident](https://www.salvilaw.com/car-accident-lawyer/side-impact-accidents/)
These are also known as angle crashes or T-bone collisions. They commonly occur at intersections. They can produce severe injuries due to the lack of protection most cars provide on the sides.
### [Reckless Driving](https://www.salvilaw.com/car-accident-lawyer/reckless-driving-accidents/)
Speeding, running a red light, tailgating, weaving in-and-out of traffic, refusing to yield the right of way – these are all forms of reckless driving (also called “aggressive driving”) that put others in danger.
### [Interstate Accidents](https://www.salvilaw.com/car-accident-lawyer/interstate-accidents/)
Chicago has seven major interstates and numerous smaller interstates and roads. We are passionate about helping victims and their families recover compensation.
### [Car Passenger Injury](https://www.salvilaw.com/car-accident-lawyer/passenger-injuries/)
When someone’s negligence or recklessness causes another person to be harmed, the person who was at fault can be held liable for the injured person’s losses, pain, and suffering. Contact us immediately for help with your case.
Common Causes of Car Accidents in Chicago, IL
Drunk Driving
IDOT reports that roughly one-third (30.4 percent) of the state’s fatal crashes during a recent year involved alcohol. In some circumstances, the establishment or social host who provided alcohol to the person who caused the crash can be held accountable.
Vehicle Defects
Many car accidents are not caused by driver error but rather by a defective automobile or automotive part such as brakes, tires, or steering. In some cases, a crash victim’s injuries are made worse by a defective safety feature such as an airbag or seatbelt.
Drugged Driving Accidents
A recent National Highway Traffic Safety Administration (NHTSA) roadside survey revealed a significant increase in the number of drivers who use illegal and prescription drugs while driving.
Highway Construction Accidents
Even slight misplacement of equipment or road markers in a highway construction zone can create a hazard that endangers the safety of motorists and workers alike. A government agency or its contractors may ultimately be held responsible for.
Drowsy Driving Accidents
Fatigue can have an impairing effect on a driver that is on par with alcohol or drugs. In fact, one recently published study estimated that fatigue plays a role in 6-10 percent of all motor vehicle accidents.
Texting-While-Driving Accidents
Texting while driving is illegal in Chicago and Illinois. At Salvi, Schostok & Pritchard P.C., we may seek to hold the driver liable for the harm you or your family member has suffered.
## Auto Accident Claim FAQs
I was injured in a car accident. I have insurance, and I have the other driver’s insurance information. Why do I need a lawyer?
Do you know what the insurance company should pay you for your car accident? Do you know the elements of damage to claim under the law? Do you know what your case’s value is? Do you know what to do if the insurance company denies your claim?
An experienced car accident attorney from Salvi, Schostok & Pritchard P.C. will know how to stop an insurance company from taking advantage of you and seek maximum compensation for your injuries. We work with car accident victims, insurance policies and insurance adjusters every day.
Insurance companies are profit-minded businesses. They also work with car accident victims and insurance policies every day. They do not have your best interests in mind. They have an incentive to pay you as little as possible. If you are on your own and lack familiarity with the legal process, you are simply outmatched.
But when you retain a personal injury attorney, insurance companies must work through your attorney to resolve your case. Your attorney will work to investigate the accident, including photos, witness statements, traffic court, records and bill requests. Your attorney will also determine [what damages you should be paid](https://www.salvilaw.com/damages-recover/) for the cost of your medical bills, lost income, pain and suffering, scarring and more.
My bills are piling up, and I have been unable to work because of my injuries. What is my car accident case worth?
The compensation you receive in a car accident lawsuit – whether through a verdict or settlement – should make you “whole.” In other words, it should come as close as possible to returning you to the position you were in before being injured by another person’s negligent driving. This amount will differ from case to case.
To determine the amount of damages that should be recovered in your case, your lawyer will examine many factors, including:
- [Past and future medical expenses](https://www.salvilaw.com/damages-recover/medical-expenses/)
- [Lost income and diminished future earnings](https://www.salvilaw.com/damages-recover/lost-wages/)
- [Pain and suffering](https://www.salvilaw.com/damages-recover/pain-suffering/)
You may also be eligible to recover [punitive damages](https://www.salvilaw.com/damages-recover/punitive-damages/). Unlike the above damages, these damages are not aimed at making you whole but rather at punishing the party who harmed you in an auto accident and deterring future misconduct. These damages typically are awarded where the at-fault party engaged in reckless or intentional misconduct such as drunk driving or road rage.
If you have lost a loved one in a crash, you would seek [wrongful death damages](https://www.salvilaw.com/wrongful-death/), which consists of “just and fair compensation” for your own losses, including the loss of money, goods and services provided by your loved one.
It is important to note that any recovery would be limited to the amount of available insurance coverage, including the at-fault party’s liability coverage and your own insurance such as [uninsured / underinsured motorist (UM / UIM) coverage](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/).
How do I pay for a lawyer?
At Salvi, Schostok & Pritchard P.C., our attorney fees are paid from the settlement or court award we obtain for you. We only receive this payment at the end of the case, and only if we are successful. Simply put: We don’t get paid until you do.
The payment does not come out of your own pocket. Instead, it is deducted from the check the insurance company writes if and when we obtain a recovery for you. If we do not obtain a recovery for you, you pay us nothing for our services.
The [American Bar Association](http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html) describes this as a “contingency” or “contingent” fee. The legal fee is contingent, or depends, on the result the law firm obtains for you and the amount of the recovery.
When we agree to pursue a claim for you, and you agree to have us represent you, we will enter into a contract that states that we will receive a percentage of any settlement or court award from the case plus repayment for costs.
You should note that Salvi, Schostok & Pritchard P.C. has a record of obtaining [results for our clients](https://www.salvilaw.com/case-results/) in a wide range of personal injury and wrongful death cases, including 350 cases resulting in awards of \$1 million or more.
We begin each case with a free and confidential consultation. This consultation allows us to answer questions you may have about your legal rights and options. It also allows us to review the facts of your case and help you to decide whether pursing a car accident claim is in your best interests.
My car accident was caused by another driver. Can I still collect money from my insurance company?
What your insurance company might pay you starts with what your policy entails.
If you have the minimum amount of auto insurance required by Illinois law, then you have coverage that is supposed to pay you for a car accident caused by [uninsured motorists](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/).
Most of the auto insurance drivers are required to buy in Illinois is liability insurance. This coverage makes payments for injuries the policyholder causes others. So, typically, if you are in an accident caused by someone else, you seek a settlement through that driver’s liability insurance.
However, as the [Insurance Institute for Highway Safety](http://www.iii.org/fact-statistic/uninsured-motorists) estimates, more than 12 percent of drivers lack required insurance. Even if they have the requisite coverage, it may be at the minimum levels and fail to cover the full amount of your losses. In fact, this tends to happen in severe accidents.
If the driver lacks insurance or has inadequate insurance, you can turn to your uninsured / underinsured (UM/UIM) coverage. At a minimum, your uninsured (UM) policy should pay \$20,000 per person and \$40,000 per accident for bodily injury caused by an uninsured motorist. Of course, you may have purchased more than the minimum. Your coverage would depend on the amount you purchased. If you have higher underinsured limits than the at-fault driver, you may be able to collect the difference between the policies.
So, yes – if you have coverage that applies, you can probably collect some money from your insurance company after a crash caused by another driver.
The question is: How much will you recover? You would like to get the maximum amount that your coverage provides. However, your insurer would like to pay you less – perhaps much less.
Even when you have what looks like a simple, straightforward claim, you can usually benefit from having help from Salvi, Schostok & Pritchard P.C.
How much time do I have to file a motor vehicle accident claim?
In Illinois, you must bring a legal claim within a specific time period after a motor vehicle accident. This is known as the “statute of limitations.” The statute of limitations that applies to your case will depend on the type of claim you assert.
The following are the Illinois statutes of limitations that often arise in motor vehicle accident cases:
- [**Personal injury**](https://www.salvilaw.com/personal-injury/) – You have two years from the date of the accident in which to file your claim. The date of the accident is called the “accrual date.”
- [**Wrongful death**](https://www.salvilaw.com/wrongful-death/) – You must bring a claim within two years from the date of the death.
- [**Product liability**](https://www.salvilaw.com/product-liability-lawyers/) – Two years from the date of the accident for a personal injury claim. However, in no case can a lawsuit be filed 12 years from the date of the first sale or 10 years from the date of the first sale to the vehicle’s initial user – whichever comes earlier.
- **Dram Shop Act** – You have one year from the date of the accident to bring a claim.
If you are suing a local government agency in Illinois, you must bring the action within one year from the date of the accident.
Exceptions may apply to your case. For instance, if a person has a legal “disability” such as being under the age of 18, the statute of limitations does not begin to run until after the disability has been removed.
The driver’s insurance company has offered me a settlement, but it barely covers what I’ve spent on hospital bills so far. Should I take the money and sign a release?
Not unless you have first spoken with a lawyer and given the lawyer a chance to review the insurance company’s offer first.
You should never accept an insurance settlement or sign anything that an insurance company representative offers to you without the advice of a lawyer who is experienced with the type of accident you have been involved in. You could be giving up money you deserve.
You may not be getting fairly and fully compensated for your injuries and expenses, including:
- Past and future medical expenses
- Lost wages and future lost earnings
- Pain and suffering.
The attorneys at Salvi, Schostok & Pritchard P.C. can sit down with you and review your circumstances to determine whether you are entitled to a better settlement for your losses.
Can I get compensated if I was partly at fault for my car accident?
Even though your own negligence may have contributed to your car accident, you may still be able to recover damages. Whether you are eligible – and the amount you can recover – will depend on the extent of your fault.
Under [Illinois’ modified comparative negligence law](http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116), you can recover damages as long as you are less than 50 percent at fault for the injuries you have suffered. However, your damages will be reduced according to the percentage of fault attributed to you. If you are more than 50 percent at fault, you are barred from recovering anything.
So, let’s say you are sitting at a red light. When the light turns green, you delay going. A driver approaching your car from the rear fails to notice you are stopped because he or she is [texting while driving](https://www.salvilaw.com/car-accident-lawyer/texting-while-driving-accidents/). You suffer \$100,000 in damages in the [rear-end collision](https://www.salvilaw.com/car-accident-lawyer/rear-end-accidents/).
If your delay is found to have contributed 10 percent to the crash, you would not be barred from a recovery. However, your recovery would be reduced by 10 percent. As a result, the most you could recover would be \$90,000.
Comparative negligence may be an issue when negotiating a settlement with an insurance company. Your lawyer’s role will be to make sure that no undue blame is placed on you and to seek the full amount you are due.
How do I know if I have an auto accident lawsuit?
It is crucial to meet with an attorney as soon as possible after you are injured in a crash. The attorney can conduct a thorough review of your case and determine whether it would be in your best interest to pursue an auto accident lawsuit.
When a lawyer reviews your case, the lawyer will focus on three basic factors: Fault, damages and insurance.
First, the lawyer will examine whether another party was at fault for the crash. Fault means that another driver caused the crash. Examples are:
- A motorist who engaged in careless or reckless driving such as speeding
- A mechanic who failed to perform an adequate repair
- A manufacturer who sold a defective vehicle or vehicle part
- A government agency who allowed a hazardous road condition to exist.
The lawyer will also look at whether you were partially at fault for the crash. Under Illinois law, you would be barred from a recovery if you were more than 50 percent at fault.
Second, the lawyer will determine the amount of [damages](https://www.salvilaw.com/damages-recover/) involved in your case, including:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering.
If the amount is minimal, an attorney may advise against pursuing a lawsuit.
Third, the lawyer will review insurance coverage available in your case, including the at-fault party’s liability coverage and, perhaps, your own coverage. For example, you may need to turn to your own [uninsured / underinsured motorist (UM / UIM)](https://www.salvilaw.com/car-accident-lawyer/hit-by-uninsured-driver/) coverage to pay for your damages.
If, after considering all of these factors, a lawyer advises you to go forward with an auto accident lawsuit, the lawyer will work aggressively to obtain full and fair compensation for you.
What happens during a car accident lawsuit?
Typically, you can expect a car accident lawsuit to go through the following stages after your initial consultation with a lawyer:
- **Initial investigation** – An attorney will investigate your case and consult with experts to determine why the crash occurred, who should be held responsible, how much should be sought in damages and what insurance coverage is available to cover the damages.
- **Filing of a complaint** – Once the investigation is complete, the lawyer will file a lawsuit, or complaint, in the proper court – typically, in the county where the accident occurred. The lawsuit will name the party from whom a recovery is sought such as the other driver involved in the crash. In some cases, multiple parties may be named in a lawsuit.
- **Discovery** – After a lawsuit is filed, a formal information-gathering process can begin. This is called “discovery.” The parties may seek answers to questions (interrogatories) and request production of documents. They may also obtain sworn written statements (affidavits) or oral statements (depositions). A medical examination may also occur.
- **Settlement negotiations** – At the proper time, your attorney will send a demand letter, or package, to the at-fault party’s insurance company. The demand will request a specific amount in damages. This typically will start settlement negotiations. If a full and fair settlement is reached, you will sign a document which releases the at-fault party from liability, or from being sued in the future.
- **Trial** – If a settlement cannot be reached, the case will go to trial. Both sides will have the opportunity to present evidence. Then, the judge or jury will make its decision, or reach a “verdict.” If the verdict is in your favor, a decision will be made on how much you should receive in damages. The court will enter a judgment in that amount. In some cases, a party may admit liability. So, a trial will concern only damages.
- **Post-trial** – After trial, either side may file motions or an appeal to a higher court. After those post-trial matters are resolved, additional legal action may need to be taken to collect the judgment.
- **Disbursement** – The final stage in the case will be to disburse funds that are obtained through a verdict or settlement, including resolving any liens attached to your recovery and paying attorney fees. The amount you receive will be paid in a lump sum or in a structured schedule of payments.
How long will my car accident lawsuit last?
Many factors go into the amount of time it takes to resolve a car accident lawsuit. These factors include:
- **Investigation** – In many cases, how a crash occurred and who should be held responsible can be easily identified. However, if the cause of the accident requires extensive investigation, or if a case involves multiple parties, it may lengthen the time it takes to complete an investigation.
- **Settlement negotiations** – A settlement can often be reached without the need for lengthy negotiations. It helps to present a case to the insurance company that has been carefully prepared. This means that legal responsibility (or liability) and the amount of damages being sought are supported by solid evidence. However, if the auto insurance company refuses to agree to a full and fair settlement, it can add time to a case.
- **Trial** – A motor vehicle accident trial may last a few days or several weeks. It depends on the amount of evidence that each side presents. In some cases, a party may admit liability for an auto accident, and a trial will be held only on the issue of how much damages should be paid.
- **Collection** – If a case is resolved through a settlement, you should expect to collect the settlement amount within a month after an agreement is reached. If a case is resolved through a judgment, however, you could run into difficulties. An auto insurance company may choose to file post-trial motions or an appeal, which can add time to the case. In some cases, legal action may need to be taken to collect the judgment.
It is important to work with an attorney who will make sure that you receive the medical care and treatment you need while resolution of your case is pending, keep you updated about the progress of your case and work toward resolving your case as efficiently as possible.
What do I do if the other driver who was at-fault, does not have insurance?
You can use your own uninsured motorist portion of a policy of insurance that you have with your own automobile. If you do not have a car, but you live at home with your parents, you may be able to use the policy of insurance on a parent’s vehicle. There is always the possibility of suing the other driver and collecting the money from the driver personally, but a search of assets will reveal whether the person could ever afford to pay a judgment against him or her.
What are some of the damages that I can recover when I am in a car accident in Illinois?
The damages will vary from case to case, but economic damages usually include medical bills and wage loss. Other non-economic damages may include pain & suffering, loss of a normal life, or disability and disfigurement (i.e. scarring). You can also seek damages that are reasonably likely to occur in the future if the foundation is laid by a qualified medical doctor to a reasonable degree of medical certainty. Your spouse may also have his or her own claim for the loss of services, companionship, or relationship, etc., which is called a loss of consortium.
How do I get my car repaired after an accident?
How and where you get your [car repaired](https://www.salvilaw.com/damages-recover/vehicle-repair/) may be dictated by your insurance company.
Among the first [steps to take after a car accident](https://www.salvilaw.com/wp-content/uploads/2018/10/SIX-KEY-STEPS-AFTER-A-CAR-ACCIDENT.pdf) is contacting your insurer. The company may have specific requirements for filing a claim, including getting vehicle damage estimates. You will need to follow those steps.
For instance, the insurer may have certain Chicago garages it wants you to use for estimates or the actual repair work on your car. If you have a shop you prefer, you may be able to get them to agree to your using it, or the insurer may refuse to go over the amount estimated by the repair shop it chose.
Please note: Before your car is towed or taken by you to a garage for repairs, it needs to be examined for important evidence about your car crash. This is why contacting a car accident lawyer is also among the first steps to take after a car accident.
If Salvi, Schostok & Pritchard P.C. is working on your case soon enough, we can examine your car before evidence it contains is disturbed or destroyed. We can also examine the other driver’s car for potentially important evidence before it is lost – even if we need to get a court order to do so.
Another important consideration regarding repairs is what the insurance adjuster decides about your car. You may be told that it is “totaled.” This means the adjuster thinks the cost to repair your car is more than it is worth – or more than the company is willing to pay. The insurance company will provide an actual cash value (ACV) for your car, which is what it wants to pay you.
The ACV may well be less than what your car is worth, or your vehicle may actually be repairable.
You can challenge an adjuster’s decision that your car is totaled, and you can challenge the ACV put on a totaled car. You can also accept the ACV for your “totaled” car and have it repaired with that money plus your own. You will need to weigh the pros and cons of accepting or rejecting the insurer’s offer.
A car accident attorney from Salvi, Schostok & Pritchard P.C. can start to help you immediately after you contact us about your crash. We can help establish an ACV for your car and protect your rights to proper compensation for your damaged vehicle or help you to have it repaired.
We can also help you take steps to protect a potential injury claim and avoid [mistakes that will hurt your claim](https://www.salvilaw.com/car-accident-lawyer/dos-and-donts/).
What Compensation Can I Recover in a Car Accident Case?
The exact amount you can recover after a car accident depends on your injuries, vehicle damage, medical expenses, and other factors. No matter how much the auto accident has cost you, our team can help fight for the maximum possible compensation, which may include money for:
- Any medical expenses related to the crash, including future treatments you may need
- Lost income
- Reduced future earning capacity due to a disability
- Payment for a rental car or other transportation services
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
Should I Give a Recorded Statement?
Do not give a recorded statement to an insurance company without talking to a personal injury law firm first. Your lawyer may be able to handle all communications on your behalf.
If you don’t watch what you say to an insurer, you might inadvertently say something to harm your case and stop you from recovering the money you need
How Can I Obtain a Car Accident Report in Chicago?
If the crash occurred in or around Chicago, you can get the crash report from the [Chicago Police Department](https://home.chicagopolice.org/services/traffic-crash-reports/) (CPD). You can purchase your report online, call the CPD’s record section during regular business hours, or visit the CPD records section in person.
For crashes outside of Chicago, your best option to obtain a crash report is to contact the [Illinois State Police](https://isp.illinois.gov/CrashReports/Online) (ISP). Their website has information on obtaining a crash report online or through the mail. Both the CPD and ISP require you to pay a nominal fee to purchase an accident report.
You can also work with an experienced personal injury attorney who can recover your car accident report on your behalf and use it to build a strong case for compensation.
What Is the Deadline to File a Car Accident Case?
[Illinois law](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-202) gives you two years from the accident date to file any lawsuits regarding it. If you miss this deadline, the courts will most likely dismiss your case, leaving you without any means to recover compensation for your injuries.
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| Shard | 53 (laksa) |
| Root Hash | 356198947797759853 |
| Unparsed URL | com,salvilaw!www,/car-accident-lawyer/ s443 |