Will I Have to File a Lawsuit in My Illinois Car Accident Case?

Car accidents can be life-changing events that leave individuals injured, facing medical bills, and unsure how to proceed. As a personal injury lawyer in Central Illinois, Joshua Rohrscheib understands the concerns and questions that arise after a car accident.

One common question Onward Injury Law clients have is whether or not they will have to file a lawsuit. In this blog post, we’ll explore the factors determining whether a lawsuit is necessary and what steps can be taken to avoid litigation.

Factors That Determine Whether a Lawsuit is Necessary

Here are the factors that determine whether a lawsuit is necessary:

  • The at-fault driver’s insurance company — In cases where the at-fault driver has a poor-quality insurance company or one that doesn’t pay claims fairly, it’s more likely that a lawsuit will be necessary to obtain fair compensation.
  • The strength of your case on liability — If there is a question about how much of the fault is yours versus the at-fault driver’s, the insurance company may not see the case the same way as your lawyer does.
  • The nature of your treatment — If you have a long treatment delay or have questions about the adequacy of your medical care, the insurance company may be less willing to settle the case before litigation.
  • The insurance company’s track record of settling cases — If the insurance company has a history of fighting claims and going to court, it may be more difficult to settle the case without litigation.

While these factors can make a lawsuit more likely to be necessary, it’s important to remember that every case is different. An experienced personal injury lawyer can evaluate your case and provide guidance on the best course of action.

Steps to Avoid Litigation

Some steps can be taken to settle a case without going to court:

  1. Present a strong case to the insurance carrier. This can be done by submitting a demand letter with a well-organized supporting package of materials.
  2. Draft a demand letter summarizing all the damages you’ve suffered, including medical bills and wage loss. 
  3. Include supporting documents, such as photographs and witness statements. 
  4. Work with an experienced personal injury lawyer. An experienced lawyer can evaluate your case and guide you in negotiating with the insurance company. They can also provide insight into the likelihood of settling the case without filing a lawsuit and help you make an informed decision.

Ultimately, the decision to file a lawsuit is up to the client. While there may be situations where litigation is necessary, it’s important to know that it’s always the client’s decision whether or not to proceed with a lawsuit. 

In some cases, accepting a settlement offer may be the best option, while in others, going to court may be necessary to obtain fair compensation.

Contact Onward Injury Law

Being involved in a car accident can be a traumatic experience that leaves you unsure of what to do next. One common question clients have is whether or not they will have to file a lawsuit. While many factors determine the need for a lawsuit, some steps can be taken to try to settle a case without going to court.

By presenting a strong case and working with an experienced personal injury lawyer, it may be possible to avoid litigation and obtain fair compensation. Ultimately, the decision to file a lawsuit is up to the client, and an experienced lawyer can provide guidance on the best course of action. Contact us today to discuss your options.

Author Bio

Josh Rohrscheib

Joshua Rohrscheib is the Owner of Onward Injury Law, a Central Illinois personal injury law firm. With more than 17 years of experience in injury law, he is dedicated to representing clients in a wide range of legal matters, including car accidents, trucking accidents, construction accidents, medical malpractice, nursing home abuse, and other personal injury cases.

Josh received his Juris Doctor from the University of Illinois College of Law and is a member of the Illinois State Bar Association. He has received numerous accolades for his work, including being named among the “Top 40 Under 40” in 2019 by The National Trial Lawyers and a “Rising Star” in 2019 by Super Lawyers.

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