How Exactly Do Car Crash Lawsuits Work? 

 Posted on April 20, 2025 in Car Accidents

After a serious car accident, navigating a lawsuit for compensation can be overwhelming. However, with the guidance of experienced Illinois car accident attorneys at Tomasik Kotin Kasserman, LLC, you can be assured that you have a team of experienced, aggressive attorneys who take your case seriously and have the professional tools and resources to pursue the compensation you deserve for both economic and noneconomic damages.

Determining Car Accident Fault 

In Illinois, fault in a car accident is a critical factor in determining liability for damages. Fault is established by proving negligence in a series of steps: 

• Duty of care: Another party had a duty of care to you. For example, a car driver has a duty of care to drive at a legal speed and stop at red lights and stop signs.

• Breach: That driver breached the duty of care by, for instance, running a red light and rear-ending your car.

• Injuries: You suffered injuries from the crash.

• Damages: You have financial losses from the accident, such as $50,000 in medical bills and lost earnings.

Both drivers’ car insurance companies will determine who caused the accident by conducting a thorough review of critical evidence, such as police reports, surveillance video (if available), and eyewitness statements. Your attorney will also meticulously review the crash evidence to determine negligence, ensuring a comprehensive approach to your case.

Filing a Car Accident Claim

Most car crash claims start with filing a claim with the insurance company of the party believed to be liable. Illinois drivers are required to carry liability insurance with a minimum coverage of at least $25,000 per person and $50,000 per accident.

Most car accident claims are resolved with an insurance settlement. However, the liable insurance provider may deny liability or coverage, or offer a low settlement. In other cases, the available insurance might not cover the full losses of a crash. The next step is to file a personal injury lawsuit in civil court.

Going To Court 

If no settlement is reached, the case goes to court. Most car accident victims with substantial injuries hire a skilled Illinois personal injury attorney to represent them. Your attorney will likely charge a contingency fee for their services, meaning that you only pay if they win your case.

Your car accident lawyer will file a legal complaint with the court, which is typically the circuit court for the county where your accident happened. Next, both sides engage in discovery, where they exchange evidence related to the accident, such as medical records, police reports, expert testimony, and eyewitness statements.

The lawsuit could end with a settlement out of court, a possibility that your attorney will actively pursue. If not, your attorney will represent you in the trial, showing evidence and arguing that you deserve the full sum you are asking for from the insurance company or driver responsible for the crash. A judge or jury will then determine who was at fault and award damages.

Speak With Our Chicago, IL Car Accident Lawyers 

Our experienced Chicago, Illinois personal injury attorneys will work tirelessly to maximize your compensation. Contact Tomasik Kotin Kasserman, LLC today at 312-605-8800 for a free consultation to discuss your car accident injury case. We have a history of winning significant compensation in our personal injury cases, including a $25.9 million verdict for our client who suffered devastating injuries in a taxi accident.