Car Accident Attrorney in Kankakee, IL

What is the Car Accident Claim Process in Kankakee, IL?

The car accident claim process can be long, and many of our Kankakee, IL clients do not know what to expect when making a claim. While each claim and client is unique, the personal injury claims process is usually consistent:

• Gathering evidence at the scene — The first thing you need to do is to obtain as much evidence as you can, including the names and contact information of the drivers involved, insurance information and the names and contact information of anyone who saw the accident. Take photos of the vehicles involved and the scene of the accident.
• Getting medical treatment — While you obviously need to do this to ensure your physical recovery, it also has an impact on how successful your claim will be. Save all medical bills, and get every kind of treatment that is medically necessary. The the more medical expenses you have, the more you will receive in compensation. If you do not seek treatment immediately after the accident, make an appointment with your physician promptly.
• Reporting the accident — If you did not call police at the time of the accident, you should file a police report as soon as possible. Report the accident to both insurance companies – you usually have to do so within 30 days.
• Hiring a car accident attorney — Any time you are injured in a car accident, you need to speak with an attorney quickly. If your injuries were minor and you did not lose much time from work, an attorney might not be able to add value to your claim. More severe injuries almost always require an attorney to get the money you deserve. A good lawyer will be upfront about whether or not you need their services.

  As our attorneys work on a contingency-fee basis, meaning we accept a percentage of your compensation as our fees and only get paid once we successfully resolve your claim, we will not agree to take on your claim unless we think we can add significant value to it.

• Investigation and documentation — Your attorney will obtain and analyze the evidence needed to prove your car accident claim while you focus on healing and medical treatment. They will find out if there are multiple liable parties or if there is more insurance coverage available if your damages exceed the policy limits.

  During this phase, you should keep a journal of how your injuries are affecting you. In addition to your medical bills, keep receipts of any pain relievers or out-of-pocket expenses, and the lost wages you have from time spent recovering.

• Settlement demand and negotiations — Once your attorney knows the value of your injuries, they will send a settlement demand letter to the insurance adjuster, detailing how their policyholder caused your injuries, and insisting on maximum compensation. The insurance company will likely respond with a lower offer, but your Kankakee, IL car accident attorney will not agree to anything but the best possible results.
• Filing a lawsuit — If the insurance adjuster will not be fair in negotiations, your attorney will file a lawsuit to seek compensation through the court system. Burger Law files lawsuits quicker than most law firms; the insurance company to know that we mean business. Often, the appearance of a lawsuit from experienced trial attorneys is enough to get the insurance adjuster to finally be fair.
• Further negotiations, mediation and pre-trial — Filing a lawsuit does not mean we stop communicating with the insurance company. We always prefer to get our clients their compensation as quickly as possible, so we will continue negotiating and in the hopes of avoiding a trial.

  During this phase, we will also start the pre-trial "discovery phase." In discovery, both sides will gather testimony and more evidence, and request documentation from the other side as well as from third parties. You and the defendant will both make statements and face questioning under oath. This is how each side develops their argument for trial.

• The trial — The Bureau of Justice Statistics reported in 2005 that 96 percent of personal injury claims are settled out-of-court. Still, on the off chance you do go to trial, your car accident attorney will fight for your rights in front of a judge and jury. A trial has six steps:
  1. Voir dire, or jury selection
  2. Opening statements
  3. Testimony and cross-examination
  4. Closing arguments
  5. Jury instruction
  6. Jury deliberation and verdict

  In a jury trial, the jury will follow the judge's instructions to determine a) if the other party is liable for your injuries, and b) the total extent of your damages in a dollar amount.

The car accident claim process can be complex and time-consuming, but an experienced car accident attorney can help guide you through the process and ensure that you receive the full compensation you deserve. Whether we get you a settlement quickly or have to pursue intense litigation, when you hire a Burger Law Kankakee, IL car accident attorney, you will get a full recovery. We will not stop fighting until you get it.

Mistakes to Avoid in Your Kankakee, IL Car Accident Claim

While lawyers can do a great deal to help your claim, you have to be careful not to hurt it. Making mistakes in a car accident claim can jeopardize your ability to get a full recovery. Here are some common mistakes to avoid in your car accident claim:

• Failing to seek prompt medical attention — It is important to seek medical attention as soon as possible after a car accident, even if you do not feel like you are seriously injured. Some injuries may not become apparent until days or even weeks after the accident. If you wait too long to get medical treatment, the insurance company may say your injuries were caused by something else, or cannot be that bad if you waited so long.

  If you do not seek medical attention at all, you will not have documentation of your injuries and expenses, and likely will not be able to make a claim.

• Failing to gather evidence at the scene — It is understandable to be nervous or shell-shocked after an accident, but try to keep a cool head and remember to document what you can. You will not be able to get certain evidence like pictures of the surrounding area and eyewitness contact info later on. You want as much evidence possible to help in your claim.
• Giving recorded statements to the insurance company — Be cautious about giving recorded statements to the insurance company, as these statements can be used against you later. Instead, it is best to consult with an experienced car accident attorney before providing any statements to the insurance company. When you first report the accident, tell them what happened in a concise manner. After that, let your attorney handle communication with them, and only give a recorded statement after being prepped bu your attorney.
• Accepting a quick settlement offer — Insurance companies may offer you a quick settlement in order to resolve your claim quickly and cheaply. However, this settlement will likely be a lowball offer. The insurance adjuster may try to say they cannot or will not offer more – do not believe them until you speak to an attorney.
• Failing to keep records — Keeping accurate records of all expenses related to your accident, including medical bills, lost wages and other damages, is crucial. This will help ensure that you receive full compensation for all of your damages. You can keep a journal detailing how your injuries affect you physically and emotionally to keep records of your non-economic damages.
• Posting on social media — It is natural in today's world to want to share life events with the online community, but do not post anything about your injuries or what you have been doing on social media. The insurance company will be looking at your accounts and take note of anything they can use against you. If you say your injuries make walking painful, but post pictures of you and your friends at a bowling alley, it may undermine your claim.
• Not calling an experienced car accident attorney — An experienced car accident attorney can help you navigate the legal process, protect your rights and ensure that you receive the full compensation you deserve. Our consultations are free, so there is no risk in calling us to look over your claim. Speak to an experienced and knowledgeable Kankakee, IL car accident attorney now at (314) 500-HURT.

How Much Compensation Should I Expect in a Car Accident Settlement in Kankakee, IL?

The amount of compensation you can expect in a car accident claim will depend on several factors, including the severity of your injuries and how they have affected your life.

Typically, compensation in a car accident claim can include:

• Medical expenses — This can include costs for hospitalization, surgery, rehabilitation and ongoing medical treatment.
• Lost wages — If you have been unable to work as a result of your injuries, you deserve compensation for lost income and benefits.
• Out-of-pocket expenses — This can include compensation for transportation to and from medical appointments, or having to hire help to do household chores.
• Non-economic damages — This is compensation for the physical and emotional distress you have experienced as a result of the accident, as well as permanent disability, scarring or loss of enjoyment of life.

It is important to note that each car accident is unique and the compensation you can receive will depend on the specific circumstances of your case. It will also depend on the skill and tenacity of your Kankakee, IL car accident attorney. Those at Burger Law will demand you get 100 percent of the compensation you deserve.

Other cases we handle in Kankakee, IL include:

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois

We work hard to communicate with you and demand fair payment from the responsible party's insurance company so that you can rest assured that you have lawyers on your case who care about the outcome. We work relentlessly to get you all the compensation to which you are entitled and to make the responsible party pay for their negligence. The Kankakee, IL car accident attorneys of Burger Law never go easy on insurance companies because you deserve the financial relief that will help make you and your family whole again.

If you or someone you know were hurt or killed in a car accident another driver caused, you deserve compensation. To get the complete damages you are owed, you need a talented and dedicated Kankakee, IL car accident attorney from Burger Law representing you. Begin right away by discussing your case with a qualified lawyer for free. Call us today at 314-542-2222 or send us a message now.