For over 40 years the personal injury attorneys at Donald W. Fohrman & Associates have been representing injury victims throughout the State of Illinois. Below are some the questions we get asked most frequently from our car accident clients.
1. What should I do after a car accident?
If you are able, contact Illinois emergency services if you or anyone in the accident has been injured.
Even if you feel okay after the accident, we recommend you see a doctor for a thorough examination.
It is important that certain information is recorded at the time of the accident by either yourself or by the police. If the police are at the accident scene, the following information should be included in the accident report:
1. Contact information of the other drivers involved in the accident.
2. The driver's license numbers of all drivers involved in the accident.
3. The names and contact information of any passengers.
4. The names and contact information of any pedestrians involved in the accident
5. The name of any person(s) injured in the accident.
6. The time, date and location of the accident
7. The weather conditions at the time of the accident
8. The direction the vehicles were traveling at the time of the accident
9. The names and contact information of the registered owners of the vehicles
10 . The name and contact information of the auto insurance company for the drivers involved in the accident
11. How the accident happened.
2. Should I get medical treatment immediately after a car accident?
We recommend that you see a doctor immediately after an auto accident, even if you feel "okay." The pain and soreness from an accident may not show up right away and could be delayed until the next day. It is not uncommon for an accident victim to wake up the next day not feeling well because of the accident.
If necessary diagnostic tests or x-rays can be taken to rule out any serious injuries such as fractures or broken bones. These can be done at the emergency room or by your family doctor. The doctor may also prescribe muscle relaxers and anti- inflammatory medications to address any pain symptoms you may be having.
By going to the doctor immediately after an accident, you are also creating a record of the accident. An insurance company can refuse to pay a claim if there is a delay in treatment. This delay in treatment could affect the outcome of the claim and your right to receive fair compensation. Be sure to give your doctor and complete and accurate history or your accident.
Again, documentation of the onset of injury is important in establishing a connection between an accident and an injury.
3. If I'm not at fault should I contact my auto insurance carrier?
Absolutely! You pay premiums for your insurance company to handle these types of situations. While an experienced Illinois personal injury attorney can assist you in receiving compensation for your injuries, they can't get your car fixed! Only the insurance company can do that.
If you need to have your car repaired, your insurance company pays for the repairs. You may have to pay your deductible in order to get your car fixed. However, your insurance will file a "subrogation" claim against the insurance company to see that your get reimbursed for your deductible and they get reimbursed for your car repairs.
4. What kind of compensation am I entitled to after I've been injured in accident?
If you sustained serious injuries in an auto accident which was caused by another driver, you would be entitled to "damages." When determining your damages, an attorney will take a look at several factors:
- What type of injury did you sustain?
- Did your injuries require you to be hospitalized
- Was it necessary for you to take time off work because of your injuries?
- Were you able to go back to gainful employment after the accident?
- Do you require ongoing medical care?
- If you were unable to work, what was the total amount of your lost wages?
- What was the total cost of your medical treatment?
- What is the projected cost of any future medical treatment?
Additionally, an attorney will take a look at the affects of your injuries on your family and the pain and suffering caused by the accident. These factors as well as others are taken into consideration when calculating your damages and ultimately, the amount of compensation you should receive.
5. How long do I have to file a claim for my injuries in an auto accident?
In the State of Illinois, a person who has sustained an injury in an auto accident has to years from the date of the accident to either file a lawsuit against driver who caused the accident.
This period of time is known as the Statute of Limitations. (The Statute of Limitations for Illinois municipalities varies. It is best to consult with an experienced personal injury attorney.)
Even though you may be communicating with the insurance company, you must still file a lawsuit within two years of the accident if you have not settled your claim. If you do not file a lawsuit within the two years, the law bars you from taking any further action to recover compensation.
It is not uncommon for an insurance company to string along an accident victim until after the Statute of Limitations has passed knowing full well that they won't be able to do anything about it after the two years are up.
6. What if I don't have any money to hire an attorney to help me?
You do not have to pay any upfront money to a personal injury attorney. A personal injury attorney works on a contingency fee basis. This means that the attorney gets paid when you get paid by the insurance company. Additionally, the attorney will put up any upfront costs such as fees for investigators, obtaining medical records or hiring expert witnesses.
When someone has been seriously injured in an accident, it can become very costly to fight the insurance companies. Only an established, experienced personal injury attorney will have the resources available to pursue your claim to the fullest extent of the law.
7. Will I have to pay taxes on any money I receive from the insurance company?
Any money received from the insurance company is compensation for your injuries and is not considered income. Therefore, you do not have to pay any taxes on your compensation.
8. The insurance company sent me a release to sign to settle and close my case? Should I sign the release?
Once you sign a release and send it back to the insurance company you are agreeing to accept whatever compensation they have offered. We strongly recommend that, prior to signing and returning any type of release from the insurance company, you consult with an experienced personal injury attorney.
After your case is closed, you will have no other legal recourse against the insurance company.
Contact Us
Call our Chicago office today at 312-288-8968 or call toll free 888-861-2510 to speak with a qualified personal injury attorney. You can also submit the Free Case Evaluation form on this website.