What Does a Car Accident Lawyer Do in Chicago?

What does a car accident lawyer do? At its core, a car accident lawyer handles the legal and insurance challenges that follow a crash, so victims don’t have to. After a motor vehicle accident, people often find themselves overwhelmed with medical bills, insurance paperwork, and ongoing pain.

An experienced car accident lawyer in Chicago helps lift that burden by managing the claims process, communicating with insurance company representatives, and building a strong case for the injured. While you focus on healing, your attorney focuses on pursuing compensation through negotiation or litigation.

Having legal representation gives car accident victims the best chance to recover what they’re owed while avoiding mistakes that could delay or reduce their auto accident claim.

The Initial Consultation: Understanding Your Car Accident Case

The initial consultation is a free, no-obligation meeting where a personal injury lawyer reviews your case. During this conversation, the attorney will ask about how the crash happened, your injuries, medical treatment, and any communication with insurance companies. This helps determine whether you have a valid car accident claim.

An experienced car accident lawyer will also explain your legal options and next steps. For many auto accident victims, this consultation is the first step toward recovering compensation and clarifying their rights.

Investigating the Car Accident: Gathering Crucial Evidence

After being hired, a car accident lawyer immediately begins investigating how the crash happened. This includes securing the police report, interviewing witnesses, and gathering photos or video evidence of the accident scene and vehicle damage.

The attorney may bring accident reconstruction experts to analyze physical evidence and clarify fault in complex cases. This investigation helps build a solid foundation for the client’s personal injury claim by uncovering key facts and proving how the accident occurred and who was responsible.

Reviewing Medical Records and Assessing Injuries

After gathering crash evidence, a car accident lawyer focuses on the client’s injuries by reviewing records from all treating providers. These records document injuries like broken bones, spinal trauma, or brain injuries.

The attorney may also consult medical experts to understand long-term care needs and future costs. This thorough review helps ensure the client’s car accident claim includes accurate compensation for future medical costs, lost wages, and the full physical and emotional toll.

Determining Liability: Who is at Fault for the Auto Accident?

Determining fault is essential in a car accident claim. A car accident lawyer reviews police reports, witness statements, photos, and video footage to understand what happened. They apply Illinois traffic laws to identify negligence, such as speeding or failing to yield. In complex cases, experts may help reconstruct the crash.

The attorney also considers other liable parties, like car manufacturers or government agencies. This thorough review helps build a strong claim and maximizes the victim’s chance of full financial recovery.

Filing an Insurance Claim: Starting the Claims Process

After determining fault, an auto accident attorney will file the insurance claim by notifying the at-fault driver’s insurer, or the client’s insurer if necessary. The attorney then prepares a demand letter detailing the accident, injuries, medical treatment, lost wages, and other damages.

This letter includes a specific compensation request backed by medical records and accident scene evidence. A well-crafted demand sets the foundation for settlement negotiations and ensures the insurance company understands the full extent of the victim’s losses.

Dealing with Insurance Companies: Protecting Your Rights

Dealing with insurance companies can be frustrating, especially when they try to minimize your claim. A skilled car accident lawyer handles all communication with adjusters, shielding you from pressure tactics, lowball offers, and attempts to shift blame.

Your attorney will also prevent you from giving recorded statements that could hurt your case. With a personal injury lawyer managing these interactions, you can focus on recovery while they fight for full compensation and protect your rights throughout the legal process.

Negotiating a Settlement: Fighting for Maximum Compensation

Negotiating a settlement is one of the most critical roles a car accident lawyer plays. After collecting medical treatment records, accident reports, and financial documentation, your attorney presents a detailed demand for compensation.

Insurance companies often respond with low offers, but your personal injury lawyer will push back with strong evidence and legal reasoning.

This negotiation process may go through several rounds as your attorney works to reach a fair settlement. If the insurer doesn’t negotiate reasonably, your lawyer will be prepared to take the case to court to seek compensation.

Filing a Car Accident Lawsuit: When Negotiations Fail

If the auto insurance company refuses to offer a fair settlement, your car accident lawyer may file a personal injury lawsuit. This begins with submitting a formal complaint in court that outlines the crash, your injuries, and why the other party is liable. The case then enters discovery, where both sides exchange evidence, take depositions, and build their arguments.

Your lawyer may also file motions to exclude improper evidence or challenge weak defenses. Filing a lawsuit shows the insurer you’re serious and can lead to a better settlement—or a trial if needed.

Preparing for Trial: Building a Strong Case

Preparing for trial is a key responsibility of your car accident lawyer if a fair settlement can’t be reached. Your attorney will gather additional evidence, update medical expense records, and consult with experts to strengthen your case. They’ll conduct or complete depositions, including sworn statements from witnesses, doctors, or accident specialists.

Preparing witnesses—especially the injured party or family members—is essential to ensure they’re ready to testify clearly and confidently. Your lawyer will also refine legal arguments, anticipate defense strategies, and create visuals to present to a jury. Thorough preparation gives your case the best chance for a favorable outcome.

Representing You in Court: Advocating for Your Rights

Representing you in court is one of the most important responsibilities your car accident lawyer has if your case goes to trial. They present evidence, call witnesses to explain how the crash occurred, and demonstrate how your car accident injuries have affected your life. This includes testimony from you, eyewitnesses, and medical or accident experts.

Your lawyer also cross-examines the defense’s witnesses to challenge their version of events. Throughout the trial, your attorney argues your case to the judge and jury, aiming for a verdict that fully accounts for your injuries, financial losses, and need for a fair settlement.

Calculating Damages: Ensuring Full and Fair Compensation

Calculating damages in a car accident claim is vital to building a strong claim. Your car accident lawyer starts by adding up all economic losses—medical expenses for hospital visits, surgeries, therapy, and medication, as well as lost wages and any future income you may lose due to lasting injuries. Property damage to your vehicle and any damaged belongings is also included.

Your lawyer then evaluates non-economic damages like pain and suffering, emotional distress, and the overall impact on your quality of life. In cases involving gross negligence, your attorney may also seek punitive damages to hold the other driver accountable.

Understanding Illinois’ Comparative Negligence Laws

Illinois follows a modified comparative negligence rule, which can significantly impact how much compensation a car accident victim receives (735 ILCS 5/2-1116).

Under this law, if you’re found to be partially at fault for the accident, your financial recovery will be reduced by your percentage of fault. For example, if a jury awards you $100,000 in damages but determines you were 20% responsible for the crash, your final compensation would be reduced to $80,000.

However, there is a limit. If you’re found to be more than 50% at fault, you are barred from recovering any damages. This is known as the 51% rule, and it’s why insurance companies often try to shift blame, even partially, onto the injured person.

An experienced car accident lawyer will work to minimize your share of fault and fight for your right to seek compensation under Illinois law.

Handling Different Types of Car Accident Cases

An experienced Chicago car accident lawyer can handle various car crash types, including rear-end collisions, T-bone accidents, head-on crashes, and multi-vehicle pileups. They also represent victims of Uber or Lyft accidents, truck crashes involving safety violations, and hit-and-run cases.

Each type of accident brings unique legal challenges, but a skilled attorney knows how to identify liable parties, gather evidence, and seek compensation, whether from another driver, a rideshare company, or your own insurer under an uninsured motorist claim.

What Happens After a Settlement is Reached?

Once a settlement is reached, your car accident lawyer ensures the final steps are handled properly. You’ll sign a release of claims, which prevents future lawsuits related to the accident. The insurance company then sends the settlement check to your attorney, who deposits it into a client trust account.

From there, legal fees and outstanding medical bills are paid, and the remaining funds are issued to you. Your lawyer will provide a full breakdown, ensuring you receive your rightful compensation without delay.

Working on a Contingency Fee Basis: No Upfront Costs

Working with a car accident lawyer on a contingency fee means you pay nothing upfront. Your attorney only gets paid if they recover your compensation through a settlement or verdict. Their fee is a percentage of your recovery, agreed upon in advance. This allows accident victims to access skilled legal help without added financial pressure.

At Rosenfeld Injury Lawyers, we handle every personal injury claim this way—if we don’t win, you owe us nothing. You risk nothing by hiring us.

Why It’s Important to Hire an Attorney

Hiring a car accident attorney can significantly improve your chances of a successful claim. A lawyer protects your rights, deals with the insurance company, and ensures you’re not pressured into a low settlement. They gather evidence, calculate damages, negotiate for fair compensation, and prepare your case for trial if needed.

Most Chicago car accident lawyers work on a contingency fee, meaning you pay nothing unless they win your case. With legal help, you can focus on recovery while your attorney fights for full compensation.

The Importance of Evidence in Personal Injury Law

Evidence is essential to proving fault and securing compensation after a car accident. In Illinois, the injured party must show the other driver was responsible and that the accident caused their injuries. Key evidence includes police reports, photos, medical records, witness statements, and surveillance footage.

This documentation supports your version of events and links your injuries to the crash. In complex cases, accident reconstruction experts may also help. Strong, organized evidence gives your lawyer the tools to fight for maximum compensation.

FAQs About Car Accident Cases in Chicago

How Long Will a Case Take?

Every car accident case is different. Some claims settle in a few weeks, while others—especially those involving serious injuries or disputed fault—can take months or longer. The timeline depends on how quickly liability is determined, how long medical treatment takes, and whether a lawsuit becomes necessary.

Should I Speak to Insurance Companies?

Not before talking to a Chicago car accident lawyer. Insurance adjusters may sound helpful, but their goal is to minimize payouts. Saying the wrong thing—or agreeing to a recorded statement—can hurt your claim. Let your attorney handle all communications with the insurance companies.

Is Hiring an Attorney Worth it?

Yes. A skilled car accident lawyer understands the claims process, builds strong claims, and pushes back against low settlement offers. Most attorneys work on a contingency fee basis, so you pay nothing upfront—only if they win your case.

Should I Get Medical Care?

Always. Even if you feel okay, some car accident injuries may not immediately show symptoms. Seeing a doctor protects your health and creates a medical record linking your injuries to the crash, the key to your personal injury claim.

Should I Report the Accident?

Yes. In Illinois, you must report any car accident involving injuries, death, or more than $1,500 in property damage. Call the police at the accident scene and file a report with the Illinois Department of Transportation if required.

How Long Will It Take to Get Compensated?

That depends on the complexity of your case. Minor injury claims may resolve quickly. The process can take longer if negotiations stall or a personal injury lawsuit is filed. Your lawyer will work to secure fair compensation as efficiently as possible.

Consult an Experienced Car Accident Attorney

If you’ve been injured in a car accident in Chicago, don’t take on the insurance company alone.

At Rosenfeld Injury Lawyers, our team is dedicated to helping car accident victims recover full and fair compensation for their injuries, medical expenses, lost wages, and pain and suffering. Whether your case involves a distracted driver, a serious crash, or an unfair settlement offer, we’re ready to step in and protect your rights.

We offer every client a free, no-obligation consultation and work on a contingency fee basis, meaning you don’t pay unless we win. Our experienced Chicago car accident attorneys have recovered millions for Illinois drivers and have the resources and knowledge to take on even the most challenging personal injury cases.

Call our personal injury law firm at (888) 424–5757 or complete our contact form to schedule your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.