Car accidents happen every day throughout the Edwardsville area for a variety of reasons. These incidents may be the result of a driver’s negligence behind the wheel, inattention, fatigue, or even illegal actions such as driving under the influence. Whenever a vehicle accident occurs in Illinois, state law dictates that the driver who caused the accident bears responsibility for the damages they inflicted on others. This may sound straightforward, but many car accident victims encounter various unexpected legal challenges in their efforts to recover that they do not know how to address on their own.
If you or a family member is struggling in the aftermath of a vehicle accident that someone else caused, the attorneys at Brandenburg & Rees, LLP, can provide the legal counsel you need to approach your recovery efforts with confidence. Our firm has years of professional experience handling all types of motor vehicle accident claims on behalf of Edwardsville area clients, and we can put this experience to work for you after another driver has injured you and caused financial losses.
Recovery from most car accidents in Edwardsville begins with a car insurance claim against the driver at fault, followed by a personal injury claim when insurance cannot fully repay the victim’s losses. Proving fault is essential for both of these recovery efforts, and an Edwardsville car accident attorney can make this process much easier for you. When you choose Brandenburg & Rees, LLP, as your legal counsel in a vehicle accident claim, our goal is to help you recover as fully as state law allows in the most efficient manner.
The first challenge you must overcome in your efforts to recover from a vehicle accident is proving exactly how it happened. An experienced Edwardsville car accident attorney can assist you in gathering any evidence you are likely to require to substantiate an insurance claim and a subsequent personal injury case. Most of the car accidents reported in the Edwardsville area are the results of negligence, but it is also possible for them to occur from intentional misconduct. A few of the most common causes of car accidents that our firm has seen in the Edwardsville area include the following:
This is not a complete list of every possible cause of a vehicle accident, just a few of the most common causes of accidents that generate civil claims for damages. When you choose Brandenburg & Rees, LLP, as your legal representatives, we can immediately get to work helping you gather whatever evidence you need to prove exactly how your accident occurred.
Once you have determined the fault for your crash and identified the driver or drivers responsible for the accident, you can proceed with filing an insurance claim. Every driver in Illinois must have car insurance that includes $25,000 or more in bodily injury coverage for a single person, $50,000 or more in bodily injury coverage for more than one person in a single accident, and at least $20,000 for property damage. These coverage requirements may be enough to compensate the victim for a minor accident, but if they suffered severe injuries, further legal recourse is likely to be necessary.
It is important to remember that insurance companies have no incentive to pay out on claims, and in fact, they typically look for any and all reasons they can find to deny a claim or justify the lowest possible settlement offer for the claimant. However, an insurance carrier is far less likely to attempt any such bad faith handling of a claim once they notice the claimant has an attorney advising them.
Your Edwardsville car accident attorney can help draft your demand letter to the responsible driver’s insurance carrier, citing the range of damages they caused and the amount of compensation you are seeking. Your attorney can review the responsible driver’s policy and verify that the insurance company handles your claim in good faith. Should any disputes arise, they can assist you in resolving these issues as quickly as possible and maximizing your insurance claim settlement.
A good attorney should be able to help obtain a settlement check from the responsible driver’s insurance carrier within a few weeks of your accident. However, further legal action is likely to be necessary if you suffer severe injuries. When insurance cannot fully compensate your damages from a vehicle accident, the next step in your recovery process is filing a personal injury claim against the driver who is responsible for your injuries.
Success with a personal injury case requires evidence that the defendant directly caused the plaintiff’s claimed damages through negligence or intentional misconduct, and the plaintiff must also establish causation. This means they must prove their damages could not have resulted from any other cause.
Your Edwardsville car accident attorney can assist you in gathering the evidence needed to prove fault for your accident, which may include the other driver’s cell phone records, video footage from nearby traffic cameras that captured the accident, and statements from witnesses. They can then help calculate the full scope of damages that insurance didn’t cover so you can obtain repayment through your personal injury claim.
There is a very limited time to file a claim after a vehicle accident, usually only a day or two. You must at least notify the insurance carrier within a specified time limit that you intend to make a claim, or you could lose your ability to file one. Once you obtain the driver’s insurance details, notify their insurance carrier that you plan to file a claim but refrain from discussing settlement terms. Politely inform the insurance company representative that you must consult an attorney before talking about a settlement and then reach out to an Edwardsville car accident attorney as soon as possible.
Once you have completed the insurance claim process, you could have outstanding damages you can only recover through a personal injury action. The state provides a two-year statute of limitations on personal injury claims, so you must file your claim within his time or lose your ability to claim compensation from the defendant. The sooner you start the claim filing process, the greater the reliability of the evidence you must have to win your case.
A successful insurance claim should yield compensation for your economic damages, such as vehicle repair costs and medical bills if you suffered injuries. However, when you have been severely hurt, you are unlikely to obtain complete repayment of the damages you experienced through insurance alone. When you have grounds for a personal injury claim, your Edwardsville car accident attorney can help you recover:
After calculating your claimable immediate and future economic damages with the help of your Edwardsville car accident attorney, you may be surprised to learn that you can claim much more than you initially anticipated. When you have Brandenburg & Rees, LLP, handle your car accident claim, we strive to help maximize your case award. We’ll assist you in recovering the full amount of your economic damages, and we can help you recover pain and suffering compensation as well.
Under state law, the personal injury plaintiff can seek accountability for the physical pain and emotional distress they experienced because of the defendant’s actions. There are no limits on pain and suffering damages in most personal injury cases, so if you suffered a catastrophic injury resulting in a permanent disability, your pain and suffering compensation might overshadow the total amount of your recovered economic losses.
Ultimately, any car accident has the potential to be a life-changing experience, and it’s easy to feel lost and uncertain when it comes to the various damages an accident can inflict and the complex legal proceedings you may need to complete to recover as fully as possible. When you hire an experienced and trustworthy Edwardsville car accident attorney, you are not only more likely to succeed with a claim but also more likely to win a subsequent personal injury claim if you must file one to fully recover.
The attorneys at Brandenburg & Rees, LLP, have many years of experience representing Edwardsville area clients in a variety of civil suits, including those arising from motor vehicle accidents. We also have experience dealing with the various insurance carriers covering state motorists, so we know the tactics they may use to try to avoid liability for your claim. Whatever your case entails, our firm can provide responsive and compassionate direction throughout every phase of your recovery efforts.
If you must file a personal injury claim after obtaining as much as you can through auto insurance, we will aim to settle the case as swiftly as possible. However, settlement may not be an option if the driver at fault for the accident denies liability or argues against the scope of damages you are claiming. We are fully prepared to represent you in litigation if settlement is not a viable option for resolving your case for any reason.
Time is a crucial consideration for any car accident victim in Edwardsville. Your accident may have caused a host of damages, and the longer you wait to pursue the compensation you deserve, the more these damages may compound and create an even bigger problem for you and your family. Our team is ready to provide the comprehensive legal counsel you should have to approach your recovery with peace of mind. Contact Brandenburg & Rees, LLP, today to set up a consult with an Edwardsville car accident attorney.