If you hire a lawyer to file a personal injury claim, how long will it take your claim to settle? Like many other aspects of personal injury claims in Illinois, this question does not have a clear answer. Rather, how long it takes your claim to settle—and whether your claim settles at all—depends on a variety of factors.
Here are some of the key factors that will determine the timeline of your personal injury claim in Illinois:
Generally speaking, the sooner you take legal action after your accident, the quicker the claim process will go. The longer you wait, the more issues can arise that can delay—or even jeopardize—your claim for just compensation. As a result, even though Illinois has a two-year statute of limitations for most personal injury claims, you will want to get started on your claim right away.
Proving your right to just compensation after an accident in Illinois requires evidence of liability. The more evidence you have to support your claim, the more likely the insurance companies will be to accept liability and enter into good-faith settlement negotiations.
Evidence of liability can take many forms, and the need to preserve key evidence is one of the main reasons why it is important to hire a lawyer as soon after your accident as possible. If you were able to take photos or videos, obtain witnesses’ contact information, or gather any other evidence at the accident scene, you should share this evidence with your lawyer as well.
If there is any evidence that suggests you may have been partially at fault in your accident, this can add to the timeline as well. Under Illinois’s comparative negligence law, being partially at fault can reduce—or even eliminate—the damages you are entitled to recover. As a result, the insurance companies will frequently use accusations of partial fault to fight accident victims’ personal injury claims.
Regardless of any evidence of partial fault, the value of your claim can also play a major role in the settlement process timeline. The insurance companies’ goal in every case is to pay as little as possible; and, the more liability they are facing, the more they are going to fight.
Also, from a practical perspective, if you are facing significant long-term losses, it will take more time to accurately calculate the damages you are entitled to recover. However, this part of the process is extremely important, and it is critical to ensure that you take the time necessary to ensure that you are seeking the full compensation you deserve.
There are many different types of personal injury claims, each of which presents its own unique set of challenges. For example, premises liability claims are very different from auto accident claims; and, if you have an auto accident claim, you may need to seek various types of auto insurance coverage, file a claim against a vehicle manufacturer or dealership, or file a claim against another third party.
While all insurance companies fight accident victims’ claims for damages, they use different tactics, and some insurance companies are much more aggressive than others. As a result, the insurance company(ies) involved in your personal injury claim will have a major impact on the overall timeline as well.
Finally, when you have a personal injury claim, your choice of legal representation matters. You need a law firm that is capable of representing you effectively, and you will want to choose a law firm with a proven record of success. The insurance companies pay attention to law firm’s records; and, if the insurance companies know that your law firm is prepared to take your case to trial, this can play a significant role in the settlement negotiation process.
If you were hurt because of someone else’s careless, reckless, or otherwise negligent actions, you need someone in your corner who can fight to protect your rights. The Chicago personal injury lawyers at Coplan + Crane have built a reputation for excellence in a wide range of personal injury matters. We know the tactics used by insurance companies to try to deny or devalue claims and we know how to win.
Contact Coplan + Crane today online or at 312-982-0588 to schedule a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle personal injury cases on a contingency basis, which means you don’t pay unless we win.
