How Long Does a Car Accident Settlement Take in Illinois?

If you’ve been injured in a car accident in Illinois, one of the first questions you may have is: How long does a car accident settlement take? At our Chicago law firm, we focus on helping injured victims hold negligent drivers and insurance companies accountable. With deep knowledge of Illinois law and decades of experience handling car accident cases, our team fights for the full compensation our clients deserve. Whether your injuries are minor or life-altering, we work to move your case forward without unnecessary delays. Speak with an experienced car accident lawyer today to discuss your options in a free consultation.

How Long Is the Car Accident Settlement Timeline in Illinois?

The length of time it takes to settle a car accident claim in Illinois varies widely. In more straightforward cases–where the at-fault driver is clearly identified, and injuries are relatively minor–a car accident settlement may be reached within a few weeks to a few months after filing the claim.

Most car accident settlement discussions typically begin only after medical treatment is complete. This allows your car accident lawyer to assess the full extent of your medical expenses, lost wages, and property damage. In these situations, the car accident settlement timeline usually falls between six and nine months after treatment ends.

Cases involving serious injuries, complex liability issues, or multiple parties often take longer. When a fair settlement can’t be reached or if the insurance company refuses to negotiate, a personal injury lawsuit may be necessary. Litigation can extend the process to a year or more, especially in complex cases involving disputed liability or permanent injuries.

What Does the Auto Accident Settlement Process Involve

The auto accident settlement process involves several key steps, each of which plays an important role in determining how long a car accident settlement takes. Understanding the process can help set realistic expectations for your car accident claim and give you a clearer picture of what to expect.

Medical Treatment

After a car crash, it’s critical to seek medical care right away. You’ll need to continue medical treatment until you reach maximum medical improvement (MMI), meaning your condition has stabilized, and further recovery is unlikely. This helps determine the full extent of your injuries and future care needs.

Gathering Evidence

Your personal injury lawyer will begin collecting evidence such as medical records, repair estimates, accident scene photos, witness statements, and other documentation needed to support your personal injury claim. This step often includes working with medical providers and expert witnesses to outline your damages.

Demand Letter

Once you’ve finished treatment and your losses are documented, your attorney will prepare and send a demand letter to the at-fault driver’s insurance company. This letter outlines the injuries, liability, medical expenses, lost wages, and property damage, along with a request for a fair settlement amount.

Insurance Company Investigation

The insurance adjusters will review the demand and conduct their own investigation into the accident. They may examine the police report, gather their own witness statements, and assess liability based on Illinois law, including modified comparative negligence.

Initial Settlement Offer and Negotiations

The at-fault party’s insurance company will typically respond with an initial car accident settlement offer, often lower than what you’re entitled to. Your lawyer will negotiate back and forth to try to secure a fair settlement without going to court.

Filing a Car Accident Lawsuit If the Insurance Company Refuses to Offer Fair Compensation

If negotiations stall and the insurance company refuses to settle for a reasonable amount, your attorney may recommend filing a car accident lawsuit. This is often necessary in cases involving severe injuries, disputed liability, or unfair settlement offers.

Once a lawsuit is filed, both sides enter the discovery phase. During this phase, both parties exchange information, deposing witnesses, and conducting an extensive investigation to support each party’s position. In auto accident cases with multiple parties or complex liability issues, discovery can take several months.

Before the case goes to trial, both sides may engage in further negotiations or attend mediation. Many car accident claims settle during this stage to avoid the time and expense of trial.

If a settlement is still not reached, your case will go to trial. A judge or jury will hear the evidence and decide the outcome. Trials add considerable time to the car accident claim timeline, especially in cases involving permanent injuries or liability disputes.

If a fair settlement is agreed upon at any point, the parties will sign a settlement agreement that finalizes the terms of compensation.

Processing Settlement Documents and Liens

After a settlement is reached, your attorney prepares the legal documents and resolves any liens. These may include payments owed to medical providers or health insurers. Properly handling liens is necessary before funds can be disbursed, and it protects you from future financial obligations tied to your case.

Receiving the Settlement Check

Once all paperwork is completed and liens are cleared, the insurance company issues the settlement check. Your personal injury lawyer will deduct legal fees and any outstanding costs. The remaining amount is then disbursed to you, allowing you to recover damages from the car accident.

What Factors Impact the Length of the Car Accident Claim Process?

Several factors can affect how long it takes to settle a car accident case. Claims involving more serious injuries generally take longer because medical treatment may continue for months, and settlement negotiations often begin only after the injured party reaches maximum medical improvement. Insurance companies are also more likely to delay or dispute larger claims.

Disputed liability is another common reason for delays. If it’s unclear who caused the accident or if fault is shared, insurance adjusters will take more time to investigate. Under Illinois’s modified comparative negligence rule (735 ILCS 5/2-1116), partial fault can reduce your compensation, so insurers often contest these claims more aggressively.

Car accident claims involving multiple vehicles or commercial drivers, such as delivery trucks or rideshare services, are often more complex. Multiple parties and insurance policies can slow down the process, especially when there are liability disputes or questions about a company’s responsibility for the at-fault driver’s actions.

What to Do to Avoid Unnecessary Delays

While some delays in a car accident claim are unavoidable, there are steps you can take to help keep the process moving.

• Seek medical attention right away: Delays in treatment can hurt both your health and your claim. Prompt care creates a clear link between the accident and your injuries.
• Follow your doctor’s instructions: Sticking to your treatment plan helps demonstrate the seriousness of your injuries and supports your request for fair compensation.
• Keep all documentation organized: Medical records, repair estimates, proof of lost wages, and other paperwork should be saved and shared with your personal injury lawyer as soon as possible.
• Work with a personal injury lawyer: An experienced car accident attorney knows how to gather evidence, handle insurance adjusters, and move the claim forward while protecting your rights throughout the car accident settlement process.

How an Experienced Attorney Can Help

Working with our experienced Chicago car accident attorneys can make a significant difference in how smoothly and effectively your claim moves forward. We handle every part of the car accident claim process, from collecting medical records and witness statements to preparing demand letters and dealing with insurance adjusters. If the insurance company refuses to offer fair compensation, we’re prepared to file a car accident lawsuit and represent you in court.

Settlements Recovered by Our Experienced Car Accident Lawyers in Chicago

Our law firm has years of experience representing clients in a wide range of car accident cases, helping injured individuals and families recover maximum compensation throughout the Chicago area.

$1,000,000 Settlement – Jasmine, a 23-year-old college student, was riding in the backseat when a pickup truck rear-ended her vehicle at high speed near I-90 in Chicago. She died at the scene. The wrongful death settlement reflected her young age, the clear liability, and the devastating impact on her family.

$449,000 Settlement – Marisol was injured in a crash on Lake Shore Drive when another driver ran a red light. Her head struck the windshield, causing facial fractures and scarring. The settlement considered her ongoing medical care, visible injuries, and the emotional toll of permanent facial damage.

$250,000 Settlement – Erica was struck by a hit-and-run driver while driving near the South Loop. She suffered neck and back injuries and required physical therapy. Despite the driver being unidentified, her uninsured motorist coverage allowed us to recover compensation based on her medical records and continued pain.

Book a Free Consultation

If you or a loved one has been injured in a car crash, our Chicago traffic accident attorneys are here to help. We understand how overwhelming the aftermath of a car accident can be, especially when dealing with medical bills, lost income, and insurance company delays. Our team will review your case, answer your questions, and explain your options, all at no cost to you. Contact us today to schedule your free consultation and get the support you need from an experienced personal injury lawyer.