Should I Get An Attorney After A Car Accident

Should I get an attorney after a car accident? Yes, especially when injuries, major vehicle damage, or complicated insurance issues are involved. While Illinois law doesn’t require hiring a lawyer, having one on your side can make a huge difference. Our team at Walton Telken knows how stressful these situations can be. As your Edwardsville car accident lawyer, we’re here to stand by you, protect your rights, and guide you through every step. A skilled attorney helps you deal with insurers, negotiate fair settlements, and, when necessary, fight for the compensation you truly deserve. 

When Legal Help Is Necessary After a Crash

Not every accident calls for a lawyer. But when severe injuries, fatalities, uninsured drivers, or disputes about fault come into play, legal help becomes essential. Illinois uses a comparative negligence system, meaning your payout can shrink if you share any responsibility for the crash. Proving fault often requires digging into police reports, reviewing witness accounts, and analyzing accident reconstructions, which we handle daily to build strong cases for our clients.

Other times when hiring an attorney can protect your future include:

• When medical bills exceed your personal injury protection (PIP) coverage.
• When the insurance company willfully denies or delays the claim.
• When the settlement amount offered does not compensate your losses entirely.
• Accidents involving a commercial vehicle or multiple parties add layers of complication.

Handling those issues alone would endanger your financial recovery and delay your ability to move on from the accident. We are there to step in early, protect your rights from the first day onward, and ensure that every decision is based on your long-term interests and financial security.

How to File an Insurance Claim After an Accident

Illinois Department of Insurance requires drivers to report accidents involving injury, death, or property damage exceeding $1,500. Filing a claim with your insurance or the at-fault driver’s insurer, should be done promptly. However, what seems like a simple process can quickly become complicated.

Insurance adjusters often look for ways to minimize payouts, asking for recorded statements or requesting access to medical records. A single misstep could reduce your settlement or lead to a claim denial. Working with an attorney ensures:

• Deadlines are met without exceptions.
• All necessary documentation (medical records, police reports, wage loss statements) is submitted correctly.
• Communication with insurers is handled strategically, so nothing jeopardizes your case.

Insurance adjusters are trained to minimize payouts. We’re here to make sure your rights are protected from day one.

How to Start a Personal Injury Lawsuit After a Crash

When negotiations fail or insurance coverage isn’t enough, filing a lawsuit may be necessary. In Illinois, most personal injury cases, including those from car accidents, must be filed within two years of the accident date. Missing this deadline can result in losing your right to compensation altogether.

Starting a lawsuit typically involves:

• Case evaluation: Reviewing police reports, witness statements, and medical records.
• Writing a complaint: A formal legal document outlining claims and damages.
• Discovery: Gathering evidence with depositions, interrogatories, and document requests.
• Negotiating and preparing for trial: Most cases get settled before trial; however, having a lawyer ensures you’re ready for any outcome.

We understand that litigation can feel overwhelming, but we will help our clients with each procedural step, providing guidance on options and strategies so that they never feel lost.

Determining Who’s at Fault in a Car Crash

Fault isn’t always straightforward. Illinois applies a modified comparative negligence rule, meaning your compensation can be reduced by your percentage of fault, and if you’re more than 50% responsible, you may not recover anything. This makes accurate fault determination critical to the success of your claim.

Establishing liability often requires:

• Reviewing traffic camera footage and physical evidence.
• Consulting accident reconstruction experts for technical insights.
• Analyzing black box data in commercial vehicle crashes.
• Interviewing witnesses and obtaining expert medical testimony.

Insurance companies often try to shift blame to minimize payouts. According to the Illinois Department of Insurance’s comparative negligence guide, even minor fault percentage differences can significantly impact your settlement. Having an attorney ensures that solid evidence backs your side of the story.

Talk to Walton Telken Injury Attorneys Today

Wondering if you should get an attorney after a car accident? The sooner you act, the better your chances of full recovery. At Walton Telken, we’re here to protect your rights and fight for maximum compensation under Illinois law.

Call 844-307-7349 today for a free consultation. No upfront fees, we only get paid when we win your case.

“Walton Telken Bragee’s Managing Partner Attorney Troy E. Walton has over 25 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction, and workers’ compensation cases.”

Troy E. Walton

Trial Lawyer & Managing Partner