What a Chicago Car Accident Lawyer Looks for During an Investigation

Like the majority of states, Illinois has a fault-based car accident law. An injured car accident victim who is seeking compensation for their accident-related losses must file a claim against the at-fault party’s insurance. Unfortunately, insurers are not on the injury victim’s side. Instead, they often undermine a claim and protect their profits at the injury victim’s expense. A car accident lawyer investigates all aspects of the accident to protect the injury victim’s right to full and fair compensation for their damages.

If you’ve hired a Chicago car accident lawyer or are considering hiring a lawyer to navigate your case, it helps to understand what they look for during an investigation.

Proof of the Responsible Party’s Liability

Under the modified comparative negligence system in Illinois, the injury victim, or plaintiff in the case, has the burden of proof in a car accident claim. To recover the full value of their losses, they must prove the at-fault party’s full liability for the accident. The evidence must demonstrate that the at-fault party’s actions meet the following legal standards of liability:

• They had a legal duty of reasonable care to the victim (all drivers have a duty to follow traffic laws to prevent causing accidents and injuries to others)
• They violated their duty of care
• The violation of their duty directly caused an accident and injuries
• The injury victim suffered damages from the injury

Damages in a car accident claim include more than just property damage to a car. When it causes injury to a motorist, the damages quickly escalate.

Evidence In Chicago Car Accident Investigations

Under the modified comparative negligence rule, a negligent driver’s insurance company can reduce the amount it pays on an injury victim’s claim by the percentage of fault it assigns to the injury victim. This incentivizes the insurer to assign an undue percentage of fault. A Chicago car accident lawyer investigates all aspects of the accident to make a compelling case proving the at-fault party’s full liability. The investigation includes information gleaned from the following:

• The police report of the accident
• Photo and video evidence from security cameras, Dashcams, police vehicle cameras, and any photos taken by drivers at the scene
• Examination of the scene of the accident
• Interviews with eyewitnesses
• Consultations with accident reconstruction specialists

The attorney’s investigation is independent of the insurance company’s investigation.

Evidence of Your Total Damages

Besides proving the responsible party’s fault for the car accident, the second goal of a car accident lawyer’s investigation is to prove that you suffered economic and non-economic damages from the accident. To calculate your damages, your Chicago car accident lawyer looks at the following:

• Your medical bills and projected future medical bills
• Your projected out-of-pocket expenses
• Your total lost income, future income loss, or diminished future earning ability

Then, the attorney uses a formula based on your medical expenses and pain level to determine an amount for your pain and suffering. In some cases, the attorney consults with life-care planning experts to determine the lifelong cost of a catastrophic injury, such as a spinal cord injury, traumatic brain injury with impairment, loss of limb, or total disability.

How Can a Chicago Car Accident Lawyer Help?

If you’ve been injured in a car accident, call our Chicago personal injury attorneys from Smith LaCien, LLP. We negotiate for settlements for our clients from a position of evidence-backed strength. Most claims end in settlements, but we are always trial-ready and will take the results of the investigation to court if your case requires litigation.