How Long Do Most Car Accident Settlements Take in Chicago?

If you have been injured in a car crash in the Chicago area, you might be wondering how long it will take to settle your claim and get the compensation you need. The short answer is that there is no set timeline for reaching a settlement in auto accident cases. The claims process can take anywhere from a couple of months to a year or even longer in some cases, depending on a variety of factors.

An experienced Orland Park, IL car accident lawyer can streamline and expedite the process and help you get the maximum possible settlement for your injuries and losses.

Main Steps Involved in a Typical Car Accident Claim in Chicago

Initial Consultation

The first step in the process is meeting with a car accident lawyer. During the consultation, the lawyer will assess the details of your accident and determine if there is any potential for a claim.

Investigation and Gathering Evidence

The next step involves gathering the evidence required to support your claim. Your lawyer will gather a wide range of evidence including police reports, witness statements, medical records, physical evidence from the accident scene, and any video footage of the accident. If necessary, they might work with expert witnesses who can analyze the evidence available and offer their opinions or provide testimony.

Medical Treatment and Recovery

Your recovery period can significantly impact the timeline of your case. Your lawyer can evaluate the full extent of your damages only after you recover or reach the point of maximum medical improvement. If your injuries are serious in nature, your claim might take considerably longer to settle compared to the average claim, due to the prolonged recovery period.

Demand Letter and Negotiations

Once you complete your medical treatment, your lawyer will prepare a demand letter and send it to the at-fault party’s insurance company. The letter typically includes the details of your case, the damages you have suffered, and the compensation you seek.

After receiving the demand letter, the at-fault party’s insurance company will review your case and offer a settlement. If what they offer is lower than what you demand, which is almost always the case with most injury claims, your lawyer will negotiate with the claims adjuster until a fair settlement is reached.

Filing a Lawsuit

If negotiations fail to produce a satisfactory settlement, your lawyer might advise you to file a lawsuit. In Illinois, a personal injury lawsuit must be filed within two years from the date of the accident in most cases.

Pre-Trial Settlement or Trial

In many cases, settlement negotiations tend to continue even after a lawsuit is filed and the claim can be resolved at any point before trial. If a fair settlement cannot be reached, your case will proceed to trial. The trial process can take anywhere from a few days to a few weeks or even longer, depending on how complex your case is.

Factors That Can Impact the Duration of Your Car Accident Claims Process in Chicago

The timeline for a car accident claim in Chicago can feel unpredictable and frustrating. While some cases resolve quickly, many others drag on for months or even years. This is because the claims process isn’t a simple, linear path but rather a complex journey with many potential detours.

The duration of your claim is heavily influenced by a combination of legal, medical, and procedural factors. Understanding these can help you better manage your expectations and prepare for the road ahead. Here’s a deeper look into the key factors that can impact how long it takes to settle your car accident claim.

The Number of At-Fault Parties

The complexity of your case is directly related to the number of parties involved. When there is only one at-fault party, the claims process is generally more straightforward. You are dealing with a single insurance company, and the liability, or responsibility for the accident, is often clear. This can lead to a quicker resolution, as the focus is primarily on negotiating a fair settlement for your damages.

However, if multiple parties are involved, the claims process becomes significantly more complex and time-consuming. In Chicago and the state of Illinois, we operate under a system of modified comparative negligence.

This means that multiple parties can be assigned a percentage of fault. For example, in a three-car pileup, one driver might be found 60% at fault, while another is 40% at fault. This immediately creates a conflict, as each party’s insurance company will fight to minimize their client’s share of the blame. This requires extensive investigation, separate negotiations with each insurer, and a great deal of coordination, all of which extend the timeline considerably.

Disputes over Fault

A swift resolution depends on the at-fault party’s willingness to accept responsibility. If one or more parties dispute their fault, the insurance companies must launch a more detailed investigation. They will gather evidence, including police reports, photographs of the scene, witness statements, and possibly even traffic camera footage or accident reconstruction expert opinions.

The insurance company’s primary goal is to find reasons to deny or reduce their client’s liability. They might seize on conflicting accounts of the accident or any inconsistencies in a police report. Under Illinois law, if you are found to be more than 50% at fault for the accident, you are barred from recovering any damages, giving the insurance company a strong incentive to challenge the fault determination. This back-and-forth investigation and negotiation over fault can be a significant roadblock, delaying the process for months.

The Severity of Your Injuries

The nature and severity of your injuries are arguably the biggest drivers of a claim’s timeline. While minor injuries with a clear treatment plan may allow for a quicker settlement, serious injuries can add significant time to the process. Serious injuries typically require extensive medical treatment, including surgeries, rehabilitation, and ongoing care, and it can take a long time for your medical situation to stabilize.

Your attorney will likely advise you to wait until you have reached what is known as maximum medical improvement (MMI) before attempting to settle your claim. MMI is the point at which your condition has improved as much as it’s going to, and the full extent of your injuries and future medical needs can be accurately assessed.

It would be a mistake to settle too early, as you may later discover you require additional treatment or have permanent injuries that were not accounted for in the initial settlement offer. This waiting period is crucial to ensure you receive full compensation for all your damages, but it also naturally prolongs the claim.

Issues with Your Claim

Insurance companies are detail-oriented and will look for any potential weaknesses in your claim. These can include gaps in your medical treatment or inconsistencies in your statements. If you miss appointments or delay seeing a doctor after the accident, the insurance company might argue that your injuries are not as severe as you claim or that they were not caused by the accident itself.

Similarly, any discrepancies between your statements to the police, the insurance adjuster, or your medical providers can be used to question your credibility.

When an insurance company finds these kinds of issues, they may launch a much more in-depth and prolonged investigation. This could involve requesting multiple rounds of documentation, demanding an independent medical examination (IME) by a doctor of their choosing, and even scrutinizing your social media accounts for evidence that contradicts your claimed injuries. These extra investigative steps can add a significant amount of time to the overall process.

What If the Insurance Company Refuses to Offer a Fair Settlement?

Insurance companies often employ various delay tactics when they’re unwilling to provide fair compensation. Here’s what typically happens during prolonged negotiations:

The insurer might make lowball offers repeatedly, hoping you’ll eventually accept out of frustration.
They may dispute the severity of your injuries or question the necessity of certain medical treatments.
Documentation requests might become excessive and repetitive.

Common Negotiation Roadblocks

Disputed Liability: The insurance company might argue about their client’s percentage of fault.
Questioned Medical Expenses: They may challenge the reasonableness of your medical bills.
Pre-existing Conditions: Debates about whether your injuries were caused by the accident.
Lost Wage Disputes: Questions about your inability to work or income calculations.

During these extended negotiations, you might encounter:

Multiple rounds of counteroffers spanning several months.
Requests for independent medical examinations.
Demands for additional witness statements.
Challenges to your expert opinions.

This process can stretch from weeks to months, particularly if the insurance company adopts a strategy of attrition – attempting to wear you down through delays and denials.

What If My Case Goes to Trial?

When settlement negotiations reach an impasse, your case may proceed to trial, significantly impacting the resolution timeline. Here’s what you need to know about the trial process:

Pre-Trial Phase

Attorneys typically file various pre-trial motions that can take two to three months to resolve:

Discovery Period: Both parties exchange information through:

Written interrogatories
Document requests
Electronic evidence collection

Deposition Schedule: Key participants provide sworn testimony, including:

Eyewitnesses
Expert witnesses
Medical professionals
Accident reconstructionists

Common Trial Delays

Several factors can extend your trial timeline:

Court Calendar Congestion

Criminal cases taking precedence
Limited judicial resources
Multiple case scheduling conflicts

Procedural Requirements

Mandatory settlement conferences
Mediation attempts
Expert witness availability
Evidence authentication processes

Additional Trial Considerations

Jury Selection: Can take several days to weeks.
Expert Witness Coordination: Scheduling multiple experts requires careful timing.
Evidence Preparation: Creating exhibits and demonstrations takes considerable time.
Post-Trial Motions: May extend the process even after a verdict.

How an Experienced Trial Lawyer Can Expedite Your Claims Process

When evaluating a personal injury claim, insurance companies tend to consider a number of factors to determine if it is likely to result in a trial. One of these factors is the trial experience of the lawyer representing the victim.

If you are represented by an Orland Park car accident lawyer who lacks trial experience, the insurance company will almost certainly try to use it to its advantage. They might repeatedly offer lowball settlements, drag out the process for as long as they can, and try to pressure you into accepting a settlement that is much lower than what you deserve.

This is because insurance companies do not play fair in most cases. Their only goal is to minimize the payout to the extent possible and they will use every trick in the book to achieve it. Without the threat of a trial, they might not take your claim seriously, negotiate in good faith, or offer you a fair settlement, because they know that your lawyer has no other option but to resolve your claim out of court.

On the other hand, if you are represented by a lawyer with extensive trial experience, the insurance company will take your claim seriously right from the outset. They know that a trial lawyer who has successfully litigated injury claims will not accept a low settlement and will take your case to court if necessary. The possibility of litigation can change the dynamic of settlement negotiations and force the insurance company to negotiate in good faith without resorting to cheap pressure tactics.

One of the reasons why insurance companies are so wary of litigation is that they have no control over the outcome of a trial. Depending on the extent of damages you have suffered, a jury might award a substantial amount of damages – far higher than what the insurance company was initially prepared to offer.

On top of this, the costs associated with litigation – including expert witness fees, court costs, and attorney’s fees – can add up quickly for the insurer. Knowing the risks involved in litigation, the insurance company is more likely to make a reasonable offer without any unnecessary delays.

Simply put, having a skilled trial lawyer on your side can not only make the claims process faster but also significantly increase your chances of getting a fair settlement.

Get Strong Legal Representation from Our Experienced Orland Park, IL Car Accident Attorney

When you are dealing with the aftermath of a car crash, the last thing you need is a drawn-out claims process. Fotopoulos Law Office has several years of experience in personal injury law and we know how to get results for our clients – quickly.

Call us today at 708-942-8400 or contact us online to schedule a free consultation with our highly-rated Orland Park, IL car accident lawyer.