By Dan Noll on October 13th, 2023 in Car Accident
Your Car Accident Lawyers in Springfield Can Help Settle a Car Accident Case in Illinois
Motor vehicle accidents are one of the leading causes of accidental and unintentional injuries in the United States. According to statistics from the National Highway Traffic Safety Administration (NHTSA), each year in the United States there are approximately 6.1 million police-reported traffic accidents resulting in roughly 43,000 fatalities and 2.5 million injuries. Right here in Illinois, statistics from the Illinois Department of Transportation (IDOT) reveal that there are almost 300,000 traffic accidents resulting in approximately 85,000 injuries and over 1,300 deaths. Unfortunately, the car accident lawyers in Springfield at the Noll Law Office know that many of the people who are injured in these motor vehicles suffer from significant pain and suffering, have high medical bills, and lose significant wages. These losses are known as “damages” and are compensable under Illinois law. However, as unfortunate as the accident is, many defense lawyers and insurance adjusters will not fairly settle a car accident case in Illinois with victims and their families.
That’s why victims and their families need to hire an experienced car accident lawyer like one of those at the Noll Law Office. Their dedicated and experienced team of legal professionals can help fight back against a defendant’s legal team and insurance adjuster, allowing victims and their families to recover compensation for what they truly deserve and are entitled to under the law. Unlike some other personal injury law firms, the Noll Law Office handles cases in-house and does not refer them out across the state to new or inexperienced lawyers at large law firms. Additionally, the Noll Law Office also offers victims and their families free consultation and case evaluations, and will also pay the upfront expenses of litigation and not collect legal fees until after a case has settled, gone to verdict, or there’s been another type of award. To learn more about your rights and how the car accident lawyers in Springfield at the Noll Law Office can protect them, contact their bodily injury law firm today at (217) 414-8889.
Ways to Obtain Compensation in a Car Accident Case in Illinois
Generally, there are four ways to obtain compensation in Illinois. There are strengths and weaknesses in each way, and the most appropriate way for your case depends greatly on the facts and circumstances of your case and your injuries. Thus, it is imperative always to have an experienced car accident lawyer review your case to determine how best to approach it.
The four ways to obtain compensation in Illinois include the following:
- Settlement
- Mediation agreement
- Verdict, and
- Arbitration award.
The most important way for a plaintiff – really any party – is a settlement.
Settlement
Settling a case is generally considered the best way to resolve a case for several reasons. First, it allows both parties control over the outcome instead of going to a jury. Second, it allows for an expedited and faster outcome in a case than if a case was taken to verdict. Third, it often means that a case can be resolved at a cheaper rate and with less expenses than if a case went to trial.
A settlement can occur at any time in a case. In fact, the best outcome is where there is a pre-action settlement or a pre-commencement settlement. This type of settlement occurs before a lawsuit has been filed. It often occurs when a victim contacts an experienced car accident lawyer who quickly and aggressively builds a case, sending a pre-suit demand to the insurance company or defense lawyer. When the injuries and liability is very strong, a pre-action settlement is possible. This is particularly true when the insurance coverage available to a victim is also limited or will be reached.
Cases can also settle at other times in a lawsuit. Sometimes after the summons and complaint is filed and served, a case may settle once the defendant reviews the claims. Other times a case may settle after the closure of paper discovery, or the exchange of medical records and documents. Sometimes cases settle after depositions or motion practice, especially if a defendant’s motion for summary judgment is denied or if a plaintiff’s motion for summary judgment is granted. In addition, cases may also settle right before trial, during trial, after trial, or while a case is on appeal.
How Does a Car Accident Settlement Occur?
Generally, a settlement occurs when two or more sides agree to resolve a case. This is an important point because a car accident lawsuit can settle with less than all parties agreeing to settle, meaning that the plaintiff can settle with one defendant but continue the case against the other. Thus, a settlement affects the rights of the plaintiff and at least one or all defendants.
In order to effectuate that agreement, the parties draft a written agreement explaining the terms of the settlement. Some of the most common terms include the following:
- Plaintiff will discontinue the action with prejudice (meaning cannot re-file the claim against that defendant in the future, except for rare circumstances like fraud or breach of contract)
- Defendant will pay a certain sum of money to plaintiff
- Plaintiff will hold defendant harmless for any future harm or losses after the settlement (unless otherwise specified)
- The parties are responsible for their own expenses of litigation (unless otherwise decided)
- Plaintiff will pay any medical bill liens, CMS liens, workers’ comp liens, and any other related insurance expenses, and
- Other terms as appropriate when a victim gets to settle a car accident case in Illinois.
Were You Injured in a Car Accident in Illinois? Contact the Car Accident Lawyers in Springfield at the Noll Law Office to Settle a Car Accident Case in Illinois
Victims who suffer serious personal injuries in any type of accident in Illinois, especially a car accident, should contact an experienced personal injury lawyer such as one of those at the Noll Law Office. Their compassionate team can help victims and their families recover compensation for what is fair and just for them, as well as what is afforded under Illinois law. To learn more about what types of compensation and how to settle a car accident case in Illinois, call their car accident lawyers in Springfield to settle a FREE case evaluation or contact the Noll Law Office here.