Many car accident victims make the decision not to file a personal injury claim simply because they’re worried they may be required to go to court. The good news is you won’t be forced to go to court. For many claims, we are able to avoid the court system by successfully negotiating with the insurance company or the negligent driver who injured you.
In some instances, however, we may need to be prepared to go to court in order to recover the fair compensation you deserve. But doing so would likely be beneficial to your case. If you’d like to know more about how we determine the need to go to court for a car accident, read on.
Negotiations with the Insurer
We will be able to avoid going to court if we are able to negotiate with the insurance company for a fair settlement. It shouldn’t come as a surprise that the insurer is going to try to minimize the amount it is required to pay for your claim.
The insurer may even go so far as to manipulate statements you have given in good faith in an attempt to increase your percentage of blame for your crash.
After all, if the other side is able to prove that you are more than 50 percent at fault, they will not be required to pay you anything for your damages due to Illinois’ modified comparative negligence law. Not to worry—your attorney will be sure to prevent any unfair attempts at placing unwarranted blame on you.
When We Can’t Come to a Reasonable Agreement
It will become necessary to go to court to obtain the compensation you deserve if we are unable to reach an agreement in our negotiations with the insurance company. The insurer may be steadfast in its decision to not increase your offer to a reasonable one, or it may have made an offer so insultingly low that bringing your case in front of a judge who will see reason becomes your best option.
Often, the insurer is going to try to work with us because, if a reasonable judge or jury hears your case, they will likely make the insurance company pay far more than it would like to.
Meet with a Chicago Car Accident Lawyer
If you’re considering filing a personal injury claim due to your involvement in an auto crash and need representation in your negotiations with the insurance company or negligent party, contact a Chicago car accident lawyer with Lane & Lane, LLC. We will happily schedule a free claim evaluation if you fill out the contact form below or give us a call at 312-332-1400.