At Smith LaCien, LLP, our Chicago car accident lawyers can help. We strive to provide the highest quality legal representation when our clients need it the most. Our personal injury attorneys in Chicago understand the difficulties that you face after an injury and are prepared to build a legal strategy to help you recover the financial compensation you need and deserve.
If you have been injured in a car accident that was not your fault, please, contact our car accident lawyer today. We offer a free and confidential case evaluation at (312) 586-8717.
The accident lawyer that you choose to represent you matters. As you recover from serious injuries, you must work with a law firm that is experienced in handling car accident cases and has a proven track record of success.
At Smith LaCien, LLP:
Chicago accident attorneys Brian LaCien and Todd A. Smith are renowned for their integrity and diligence. They firmly stand by the principle that each client we serve deserves undivided attention and are active members of the legal community in Chicago.
Over two decades, Brian LaCien has dedicated himself to aiding accident victims, winning millions in verdicts, and Todd Smith has consistently been recognized as one of America’s top lawyers since 1995. With their collective expertise, they are committed to delivering the car accident case outcomes you deserve.
$19 Million – Obtained a $19+ million jury award for the wrongful death of a 29-year-old tow truck driver. Our Chicago accident attorneys with Smith LaCien LLP are experienced in both vehicle accidents and wrongful death suits.
$18.5 Million – A young woman who was a movie extra during the filming of a car crash stunt in “Transformers: Dark Side of the Moon,” suffered a traumatic brain injury. We were able to win a settlement for the client of $18.5 million.
$17.5 Million – We obtained this settlement in a case for a college student who sustained brain injuries in an automobile accident by reconstructing the crash sequence that occurred at night on a local interstate highway.
Getting compensation for a car accident is one thing, but getting fair compensation is entirely different. Car accident victims are often contacted by the insurance company soon after the collision. The insurance company adjuster may be quick to offer a settlement. If you get that call, you may be tempted to accept it without question. After all, you have bills to pay.
But how do you know that the settlement offer is fair? The insurance adjusters may tell you it’s fair and that it will cover all your costs, but can you be certain? What the insurance company will not tell you is that its objective is not to help you recover physically and financially from the car accident. Insurance companies are in the business of making money. If the opportunity exists for them to cut costs by paying you less than you deserve, they will take it. Do not give them that opportunity in your accident case.
You can talk to our Chicago car accident attorneys at our law firm at no charge. If you have received a settlement offer, we will review it with you to help you determine whether or not it is fair. If you have not yet received an offer, we will let you know if you have a claim and what your next steps should be.
The entire insurance company business model depends on taking in more money in premiums than they pay out in claims. For that reason, they hire insurance company adjusters whose sole job is to find reasons to deny or undervalue a claim. Some common tactics insurance companies use to low-ball a car accident claim or deny it completely include:
These are just a few of insurance companies’ most common tactics to deny a claim or offer a much lower settlement than you deserve. Always speak to a Chicago car accident lawyer before dealing with an insurance company and then direct all further contact to your car accident lawyer.
How do you determine whether a settlement offer is fair? There is a lot that goes into calculating fair compensation for car accident injuries, but one of the keys is to make certain that it does not overlook future expenses. Yes, it may cover the medical bills you already owe, but what if you need more medical care down the line? Surgery, physical therapy, and follow-up doctor appointments add up, and you certainly don’t want to be on the hook for paying for them.
Then there is the issue of lost wages. The same concept comes into play here. If you have to miss work in the future, or if your injuries prevent you from working at all, you want to make sure you’re getting money to help you get by without the paychecks you had expected.
One of the most overlooked issues in determining fair compensation in an injury claim is pain and suffering. Unlike medical bills and lost wages, which are considered economic damages, pain, and suffering are noneconomic damages. You can’t just calculate it by adding your bills together. Let us help you get truly fair compensation.
One of the most common ways that a defendant or their insurance company will try to avoid responsibility for your damages is to blame the accident victims for the car crash. Under the rule of contributory negligence, a victim would be barred from recovering for any damages if they were even one percent at fault for the auto accident that caused their injuries. You can imagine how unfair it would be if the defendant got off scott-free because of your minimal contribution to the auto accident.
Illinois follows the modified comparative negligence rule for personal injury cases. Under this rule, the victim can recover damages if they are less than 50% at fault for their injury. The victim’s recoverable damages will be reduced by the percentage of fault attributed to them. This means that if an accident victim is 30% at fault for their injury and their recoverable damages are $100,000, they will only receive $70,000. If the victim is 50% or more responsible, then they recover nothing for their damages.
According to the Illinois Department of Transportation, around 81,000 car accidents occur each year in Chicago with over 21,000 injuries and approximately 187 fatalities. Crowded roadways in urban areas can make driving treacherous. Human error is the number one cause of traffic accidents in the United States. Some common causes of car accidents in Chicago include the following:
Many car accidents occur at intersections and in high-traffic areas, unfortunately, this is where not only other vehicles are present but cyclists and pedestrians, who are much more vulnerable, are as well. Pedestrians struck by a motor vehicle stand to suffer severe or even catastrophic injuries. A Chicago pedestrian accident attorney can help you determine how much compensation you are entitled to. Everyone driving on public roadways owes a duty of care to keep other road users safe.
When another driver fails in this duty of care they are the at-fault party who bears liability in a car accident. Even those on bicycles can be devastatedly injured or even lose their lives in a car accident. Making sure to contact a bicycle accident attorney in Chicago should be a priority to ensure fair compensation.
Auto accidents are sudden and traumatic. It may be difficult to keep a clear head in the chaotic aftermath of a car accident. However, suppose you aren’t physically incapacitated or unconscious after a car accident. In that case, it pays to protect both your physical and future financial health by taking certain steps immediately after a car accident:
By taking these proactive measures you not only maximize your chance for a full physical recovery but also gather the evidence you’ll later need to prove your car accident claim for a settlement or lawsuit.
Collisions on the roadway can cause extensive property damage and significant injuries ranging from whiplash to death. Our Chicago wrongful death attorneys know wrongful death laws inside and out and can help you get compensation to help your recovery. These injuries may require ongoing medical treatment to maximize recovery. Some common injuries from car accidents include the following:
Most of the common injuries sustained in car accidents require ongoing medical treatment and lost income during recovery. Unfortunately, motorcyclists are subject to potentially more severe injuries when involved in car accidents. Our Chicago motorcycle accident lawyers have years of experience to help you get the compensation you are owed. Some injuries are catastrophic and life-altering. Car accidents are serious and require serious limits to gain the compensation and justice you deserve when another person is at fault in your accident.
“I was injured in an auto accident and turned to Smith LaCien for help negotiating with insurance companies and getting compensation for my losses and injury. They were prompt in responding to my questions about all the paperwork I was getting from the other party’s insurance, and the medical bills for my treatment. Smith LaCien settled my claim and was a pleasure to work with during a tough time. I highly recommend them should you find yourself in a similar situation.”
-Bill
In a car accident, you may suffer both personal injury and property damage. If the responsible party’s insurance company refuses to offer a full and fair settlement, it may be necessary to file a lawsuit. When filing a lawsuit, you will aim to recover compensation for the losses that you incurred as a result of the car accident. This can include economic and non-economic damages (as well as punitive damages in rare cases). However, there are specific time limits within which different claims must be filed. These time limits are known as statutes of limitations.
As provided for in the Illinois Code of Civil Procedure, you have two years from the date of the car accident to file a lawsuit for personal injury. These time limits are very important because there are very few exceptions to the rule, and a victim may lose their opportunity to file a lawsuit if they fail to file on time.
While personal injury claims after a car accident in Chicago have a 2-year statute of limitations, property damage claims have a 5-year statute of limitations. If your accident involved a rideshare vehicle such as Uber or Lyft we have more information available here: Chicago Uber & Lyft accident lawyer.
If you or a close family member recently had a car accident, it’s likely that you have many questions. Taking it one step at a time to recover a sense of normality may seem like a slow process, but knowing what to expect can help keep stress more manageable. The answers to some of the most frequently asked questions can help:
According to Illinois law, you must report your car accident to the Illinois Department of Transportation if the property damage appears to be $1,500 or more or if there were any injuries or fatalities. You must file a crash report within 10 days of the accident date. You can file this report online through the Illinois DOT reporting tool. If you’re hospitalized with serious injuries, your attorney, personal representative, or insurance agent may file the report. The report includes personal identification information, the license plate numbers of those involved, the date, time, and location of the accident, and an explanation of what occurred.
Regardless of the cause of the accident, you have to notify your insurance company to report it. Share only the date, time, and location of the accident. They may also ask for the contact information of other involved drivers.
Soon after an accident, the insurance company of the other driver will call you as well. Do not talk about the cause of the accident or your injuries. Insurance companies can use anything you tell them against you later if you say anything they can construe as an admission of fault or that your injuries aren’t serious. You could also later contradict something you said in your earlier remarks.
Personal injury attorneys do not charge for case consultations. At the initial consultation, your attorney will listen to your account of the accident and examine any evidence you’ve gathered such as the police report, photos, and your medical report. You may wish to bring a list of questions so you remember everything you’d like to know about the timeline of your case and what you can expect. The attorney will also ask you questions about the accident, and what you know about the other driver (in a two-car accident). Prepare to give detailed descriptions of the accident and the impact of the injury on your life and your ability to work and accomplish your daily routines.
You should also take the opportunity to ask questions about your attorney’s strategy for your case, and how the contingency-based fees impact your compensation.
Your attorney from Smith LaCien LLP will examine the police report and investigate all aspects of the accident, depose witnesses, and consult with experts to prove the at-fault party’s liability. Then they will carefully calculate your damages to seek the maximum compensation before sending a demand package to the insurance company. The next stage of the process is negotiations for a settlement. This portion of the claim process may involve meetings and mediation with all parties to resolve the claim in a mutually satisfactory manner.
The vast majority of claims are settled out of court through negotiations and mediation. Only when insurance companies wrongfully deny a claim or fail to offer a fair settlement does the case become a lawsuit. In these less common cases, the plaintiff (injury victim) must file the petition within the state’s two-year statute of limitations.
Around 95% of personal injury claims are resolved with an out-of-court settlement, including car accident injury cases. It’s unlikely that your case will require litigation but it’s possible if the insurance company disputes the claim or assigns you an undue burden of fault. The court process takes more time than a settlement but when injury victims win court cases the jury is often sympathetic and awards a large amount of money for the victim’s compensation.
The amount of compensation you recover through a settlement or court award depends on the extent of your damages. Your attorney will review your medical bills, out-of-pocket costs, and the income you’ve lost and can expect to lose before you recover. If your injuries caused a disability, your compensation will be far more than if you can expect to make a full recovery and return to work. Those with permanent scarring, or disfigurement, or who’ve suffered the loss of one of the senses like hearing or sight will recover compensation for those non-economic damages as well as for pain and suffering.
Recovering compensation for PTSD or emotional distress isn’t always possible in a car accident claim, but in cases of catastrophic accidents when a victim loses a loved one, or after an accident caused by another driver’s road rage, emotional damages could be included in a compensation claim.
At Smith LaCien LLC, we understand that no one puts a legal fund aside in case of a car accident so we work on a contingency-fee basis. You have no upfront costs for your case consultation or during any of the legal processes while we represent you. We only take our fee after we win your case. Most personal injury lawyers charge about 30% of the compensation they recover for their clients. Keep in mind that this incentivizes an attorney to win your case and secure the largest settlement possible. Your attorney only gets paid if you get a payout.
The fact is, when you’re involved in a car accident, you are likely suffering physically, emotionally, and financially. Whether you are out of work or facing a mountain of medical bills, it can feel like there is no end in sight. Our reputation for results, now totaling more than $2.5 billion, is proof of our commitment to helping people in Cook County and throughout Illinois get the justice they deserve.
Call our Chicago law office today at (312) 509-8900.
Berwyn | Calumet City | Chicago Heights | Crystal Lake | Barrington | Barrington Hills | County Club Hills | Batavia | Arlington Heights | Bensenville | Elmhurst | Cicero | Carol Stream | Lincolnwood | Chicago Ridge | Bridgeview | Algonquin | Buffalo Grove | Aurora | Carpentersville | Channahon | Elmwood Park | Westchester | Winnetka | Naperville | Bloomingdale | Westmont
