When to Work with an Attorney After a Car Accident

 Posted on June 25, 2026 in Car Accidents

Car accidents happen all the time. Even though we are all well aware that we could be involved in one ourselves, actually being in a car crash and then knowing what to do afterward can be surprisingly difficult. This is especially true if you are badly injured. 

However, the decisions you make in the hours and days after a car or truck accident are very important. They directly affect what compensation you can recover. Illinois law gives you specific rights, but along with those, there are rules that can work against you if you are not aware of them.

You don’t need to manage this yourself. Our Lake Zurich personal injury attorneys offer free consultations, so you can decide whether you need our help without any risk to yourself. 

How Long Do You Have to File a Car Accident Lawsuit in Illinois?

One of the first things you need to know when you’re deciding whether to work with a personal injury attorney to bring a claim or a lawsuit is how much time you have. Under 735 ILCS 5/13-202, you have two years from the date of your accident to file a personal injury lawsuit in Illinois. Missing that deadline almost always means losing your right to compensation, no matter how serious your injuries are or how clearly the other driver was at fault.

Two years sounds like plenty of time, but building a strong case takes time. Accident reconstruction, medical documentation, witness statements, and evidence from the scene all need to be found and organized into a clear story. Waiting until the deadline is close dramatically limits what an attorney can do for you, plus it makes it much harder to find the evidence you need to make a strong case. 

What Should You Do Right After a Car Accident in Illinois?

What you do right after a car accident depends, of course, in part on how serious the accident was and whether you or anyone else was hurt. In almost every case, however, you want to get medical attention right away, even if you feel fine. Whiplash, soft tissue injuries, and concussions often do not produce obvious symptoms at first. 

Assuming you and your passengers are okay and it’s safe for you to do so, you should also: 

• Document everything you can at the scene, including photos of vehicle positions, damage, road conditions, and any visible injuries.

• Get the other driver's insurance information, license plate, and contact information.

• Ask for contact information from any witnesses.

• Ask for a copy of the police report.

As soon as you reasonably can, you need to notify your own insurance company about the crash. But do not give a recorded statement to any insurer before speaking with an attorney, including your own. You may accidentally say something that will make it much harder to recover compensation. 

Why Shouldn’t You Give a Recorded Statement to an Insurance Adjuster After a Truck Accident?

Insurance adjusters are trained to ask questions in ways that get answers that can be used to reduce or deny your claim. Saying something like "I didn't see them coming" or "I'm feeling okay" can be used against you even when those statements were completely reasonable and true. 

You are generally not legally required to give a recorded statement to the other driver's insurance company. Your own policy may require you to cooperate with your insurer, but an attorney can help you understand what that actually means without harming a potential claim.

Can You Still Recover Compensation if You Were Partly at Fault?

Illinois follows a modified comparative negligence standard under 735 ILCS 5/2-1116. As long as you are found to be 50 percent or less at fault for the accident, you can still recover compensation. Your recovery is just reduced by your percentage of fault. If you are found to be 51 percent or more at fault, you recover nothing.

Insurance companies sometimes try to argue that an injured driver shares more fault than the evidence actually supports because of this rule. Routes like Route 12 near Fox Lake and Route 120 through McHenry are busy roads where intersection and merge accidents are common. Fault in those crashes is often genuinely disputed. A skilled attorney can work to find the evidence you need to build a strong case. 

Call Our Lake Zurich Car Accident Attorneys Today

At Premier Illinois Injury Lawyers, our father and daughter team brings over 25 years of combined personal injury experience to every case. As Illinois locals, we know these roads and these courts. Call a McHenry County truck accident lawyer at Premier Illinois Injury Lawyers today at 847-796-8448 for a free consultation.